State of Illinois
92nd General Assembly
Legislation

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[ Introduced ][ Enrolled ][ Senate Amendment 001 ]


92_HB1942eng

 
HB1942 Engrossed                               LRB9204437ARsb

 1        AN ACT concerning firearms.

 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 1.1 and 14 and adding Section
 6    6.1 as follows:

 7        (430 ILCS 65/1.1) (from Ch. 38, par. 83-1.1)
 8        Sec. 1.1. For purposes of this Act:
 9        "Counterfeit" means to copy  or  imitate,  without  legal
10    authority, with intent to deceive.
11        "Firearm" means any device, by whatever name known, which
12    is  designed  to  expel  a  projectile  or projectiles by the
13    action of an explosion, expansion of gas or  escape  of  gas;
14    excluding, however:
15             (1)  any  pneumatic  gun, spring gun, paint ball gun
16        or  B-B  gun  which  either  expels  a  single   globular
17        projectile  not  exceeding .18 inch in diameter and which
18        has a maximum muzzle velocity of less than 700  feet  per
19        second  or  breakable  paint  balls  containing  washable
20        marking colors;
21             (2)  any  device  used exclusively for signalling or
22        safety and required or recommended by the  United  States
23        Coast Guard or the Interstate Commerce Commission;
24             (3)  any  device  used exclusively for the firing of
25        stud cartridges, explosive rivets or  similar  industrial
26        ammunition; and
27             (4)  an  antique  firearm (other than a machine-gun)
28        which, although designed as a weapon, the  Department  of
29        State   Police  finds  by  reason  of  the  date  of  its
30        manufacture, value, design, and other characteristics  is
31        primarily a collector's item and is not likely to be used
 
HB1942 Engrossed            -2-                LRB9204437ARsb
 1        as a weapon.
 2        "Firearm  ammunition"  means any self-contained cartridge
 3    or shotgun shell, by whatever name known, which  is  designed
 4    to  be  used  or  adaptable  to  use in a firearm; excluding,
 5    however:
 6             (1)  any ammunition  exclusively  designed  for  use
 7        with  a  device used exclusively for signalling or safety
 8        and required or recommended by the  United  States  Coast
 9        Guard or the Interstate Commerce Commission; and
10             (2)  any  ammunition  designed  exclusively  for use
11        with a stud or rivet driver or other  similar  industrial
12        ammunition.
13    (Source: P.A. 91-357, eff. 7-29-99.)

14        (430 ILCS 65/14) (from Ch. 38, par. 83-14)
15        Sec. 14.  Sentence.
16        (a)  A  violation  of  paragraph (1) of subsection (a) of
17    Section 2, when the person's Firearm  Owner's  Identification
18    Card  is expired but the person is not otherwise disqualified
19    from renewing the card, is a Class A misdemeanor.
20        (b)  Except as provided in subsection (a) with respect to
21    an expired card, a violation of paragraph (1)  of  subsection
22    (a)  of  Section  2  is a Class A misdemeanor when the person
23    does  not  possess  a   currently   valid   Firearm   Owner's
24    Identification  Card,  but  is  otherwise eligible under this
25    Act.  A second or subsequent violation is a Class 4 felony.
26        (c)  A violation of paragraph (1) of  subsection  (a)  of
27    Section 2 is a Class 3 felony when:
28             (1)  the  person's  Firearm  Owner's  Identification
29        Card is revoked or subject to revocation under Section 8;
30        or
31             (2)  the  person's  Firearm  Owner's  Identification
32        Card  is  expired  and not otherwise eligible for renewal
33        under this Act; or
 
HB1942 Engrossed            -3-                LRB9204437ARsb
 1             (3)  the person does not possess a  currently  valid
 2        Firearm  Owner's  Identification  Card, and the person is
 3        not otherwise eligible under this Act.
 4        (d)  A violation of subsection (a)  of  Section  3  is  a
 5    Class 4 felony.
 6        (e)  Except  as  provided by Section 6.1 of this Act, any
 7    other violation of this Act is a Class A misdemeanor.
 8    (Source: P.A. 91-694, eff. 4-13-00.)

 9        (430 ILCS 65/6.1 new)
10        Sec. 6.1.  Altered, forged or counterfeit Firearm Owner's
11    Identification Cards.
12        (a)  Any person who forges or materially alters a Firearm
13    Owner's Identification Card or  who  counterfeits  a  Firearm
14    Owner's Identification Card commits a Class 2 felony.
15        (b)  Any   person   who   possesses   a  Firearm  Owner's
16    Identification Card with knowledge that it has been forged or
17    materially altered commits a Class 2  felony.  A  person  who
18    possesses   a   Firearm   Owner's  Identification  Card  with
19    knowledge that it is counterfeit commits a Class 2 felony.

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