State of Illinois
92nd General Assembly
Legislation

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92_HB4972

 
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 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, 3.1 and adding Section  3.5
 6    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

 
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 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        "Gun  show"  means  any  event  at  which  firearms   are
14    exhibited or offered for sale, transferred, or exchanged by 2
15    or  more  persons, regardless of whether other items are also
16    offered for sale, transfer, or exchange.
17        "Gun show promoter/organizer" means one or  more  persons
18    who   perform  one  or  more  of  the  following  activities:
19    scheduling, organizing, overseeing, arranging, promoting,  or
20    supervising a gun show as defined in this Section.
21        "Gun  show vendor" means a person, other than a federally
22    licensed firearms dealer, who exhibits any firearm at  a  gun
23    show,  or  who  offers  to  sell,  transfer,  or exchange any
24    firearm at a gun show, or who sells, transfers, or  exchanges
25    any firearm at a gun show.
26        "Grounds  of  a  gun show" means the geographical area in
27    which the gun show is located, including any areas  used  for
28    parking for the gun show.
29    (Source: P.A. 91-357, eff. 7-29-99; 92-414, eff. 1-1-02.)

30        (430 ILCS 65/3.1) (from Ch. 38, par. 83-3.1)
31        Sec. 3.1. Firearm transfer inquiry system Dial up system.
32    The  Department  of  State  Police  shall  provide  a firearm
33    transfer inquiry dial up telephone system utilizing available
 
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 1    technology which shall  be  used,  in  the  form  and  manner
 2    prescribed  by the Director of State Police, by any federally
 3    licensed firearm dealer who is to transfer  a  firearm  under
 4    the  provisions  of  this Act. The Department of State Police
 5    shall utilize existing technology which allows the caller  to
 6    be  charged  a  fee  equivalent to the cost of providing this
 7    service  but  not  to  exceed  $2.   Fees  collected  by  the
 8    Department of State Police shall be deposited  in  the  State
 9    Police Services Fund and used to provide the service.
10        Upon  receiving a request for a background inquiry from a
11    federally licensed firearm dealer, the  Department  of  State
12    Police  shall  immediately approve, or within the time period
13    established by Section 24-3 of  the  Criminal  Code  of  1961
14    regarding  the  delivery  of  firearms,  notify the inquiring
15    dealer of any objection that would disqualify the  transferee
16    from  acquiring  or  possessing  a firearm. In conducting the
17    inquiry, the Department of State Police  shall  initiate  and
18    complete  an  automated search of its criminal history record
19    information  files  and  those  of  the  Federal  Bureau   of
20    Investigation,   including   the  National  Instant  Criminal
21    Background Check System, and of the files of  the  Department
22    of Human Services relating to mental health and developmental
23    disabilities  to  obtain  any  felony  conviction  or patient
24    hospitalization information which would disqualify  a  person
25    from  obtaining  or  require  revocation of a currently valid
26    Firearm Owner's Identification Card.
27        The Department of State Police must act as  the  Illinois
28    Point of Contact for the National Instant Criminal Background
29    Check System.
30        The  Department of State Police shall promulgate rules to
31    implement this system.
32    (Source: P.A. 91-399, eff. 7-30-99.)

33        (430 ILCS 65/3.5 new)
 
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 1        Sec. 3.5.  Private transfers  of  firearms  by  gun  show
 2    vendors at gun shows.
 3        (a)  Gun show vendors who desire to transfer a firearm to
 4    any  person while that person is on the grounds of a gun show
 5    must do so only through a federally licensed firearm  dealer.
 6    The dealer must follow the procedure set forth in Section 3.1
 7    of this Act as if the dealer were the seller of the firearm.
 8        (b)  Any gun show promoter/organizer shall be responsible
 9    for  notifying  gun  show vendors of the requirements of this
10    Section.

11        (430 ILCS 65/4) (from Ch. 38, par. 83-4)
12        Sec.  4.  (a)  Each  applicant  for  a  Firearm   Owner's
13    Identification Card must:
14             (1)  Make   application   in  the  form  and  manner
15        prescribed by the Director on blank  forms  prepared  and
16        furnished at convenient locations throughout the State by
17        the  Department  of State Police, or by electronic means,
18        if and when made available by  the  Department  of  State
19        Police; and
20             (2)  Submit  evidence  to  the  Department  of State
21        Police that:
22                  (i)  He or she is 21 years of age or  over,  or
23             if he or she is under 21 years of age that he or she
24             has  the  written  consent  of  his or her parent or
25             legal guardian to possess and acquire  firearms  and
26             firearm ammunition and that he or she has never been
27             convicted  of  a  misdemeanor  other  than a traffic
28             offense or adjudged delinquent,  provided,  however,
29             that  such  parent  or  legal  guardian  is  not  an
30             individual  prohibited from having a Firearm Owner's
31             Identification Card and files an affidavit with  the
32             Department  as  prescribed by the Department stating
33             that he or she is not an individual prohibited  from
 
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 1             having a Card;
 2                  (ii)  He  or  she  has  not been convicted of a
 3             felony  under  the  laws  of  this  or   any   other
 4             jurisdiction;
 5                  (iii)  He or she is not addicted to narcotics;
 6                  (iv)  He  or  she  has  not been a patient in a
 7             mental institution within the past 5 years;
 8                  (v)  He or she is not mentally retarded;
 9                  (vi)  He  or  she  is  not  an  alien  who   is
10             unlawfully  present  in  the United States under the
11             laws of the United States;
12                  (vii)  He or she is not subject to an  existing
13             order  of  protection  prohibiting  him  or her from
14             possessing a firearm;
15                  (viii)  He or she has not been convicted within
16             the past 5 years  of  battery,  assault,  aggravated
17             assault,  violation  of an order of protection, or a
18             substantially    similar    offense    in    another
19             jurisdiction,  in  which  a  firearm  was  used   or
20             possessed;
21                  (ix)  He  or  she  has  not  been  convicted of
22             domestic battery or a substantially similar  offense
23             in  another  jurisdiction  committed on or after the
24             effective date of this amendatory Act of 1997; and
25                  (x)  He or she has not  been  convicted  within
26             the   past   5   years  of  domestic  battery  or  a
27             substantially    similar    offense    in    another
28             jurisdiction committed before the effective date  of
29             this amendatory Act of 1997; and
30             (3)  Upon request by the Department of State Police,
31        sign  a release on a form prescribed by the Department of
32        State Police waiving any  right  to  confidentiality  and
33        requesting  the  disclosure  to  the  Department of State
34        Police of limited  mental  health  institution  admission
 
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 1        information from another state, the District of Columbia,
 2        any  other  territory  of the United States, or a foreign
 3        nation concerning the applicant for the sole  purpose  of
 4        determining  whether the applicant is or was a patient in
 5        a mental health institution and disqualified  because  of
 6        that    status   from   receiving   a   Firearm   Owner's
 7        Identification Card.  No mental health care or  treatment
 8        records may be requested.  The information received shall
 9        be destroyed within one year of receipt.
10        (a-5)  Each    applicant    for    a    Firearm   Owner's
11    Identification Card who is over the age of 18  shall  furnish
12    to  the Department of State Police either his or her driver's
13    license number or Illinois Identification Card number.
14        (b)  Each application form shall  include  the  following
15    statement  printed  in  bold  type:  "Warning: Entering false
16    information  on  an  application  for   a   Firearm   Owner's
17    Identification  Card  is  punishable  as  a Class 2 felony in
18    accordance with subsection (d-5) of Section 14 of the Firearm
19    Owners Identification Card Act.".
20        (c)  Upon such written consent, pursuant  to  Section  4,
21    paragraph  (a)  (2)  (i), the parent or legal guardian giving
22    the consent shall be liable for any  damages  resulting  from
23    the applicant's use of firearms or firearm ammunition.
24    (Source:  P.A.  91-514,  eff.  1-1-00;  91-694, eff. 4-13-00;
25    92-442, eff. 8-17-01.)

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