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92_SB1936enr SB1936 Enrolled LRB9214499RCcd 1 AN ACT in relation to 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 5 is amended by changing Sections 2 and 4 and by adding Section 6 15b as follows: 7 (430 ILCS 65/2) (from Ch. 38, par. 83-2) 8 Sec. 2. Firearm Owner's Identification Card required; 9 exceptions. 10 (a) (1) No person may acquire or possess any firearm 11 within this State without having in his or her possession a 12 Firearm Owner's Identification Card previously issued in his 13 or her name by the Department of State Police under the 14 provisions of this Act. 15 (2) No person may acquire or possess firearm ammunition 16 within this State without having in his or her possession a 17 Firearm Owner's Identification Card previously issued in his 18 or her name by the Department of State Police under the 19 provisions of this Act. 20 (b) The provisions of this Section regarding the 21 possession of firearms and firearm ammunition do not apply 22 to: 23 (1) United States Marshals, while engaged in the 24 operation of their official duties; 25 (2) Members of the Armed Forces of the United 26 States or the National Guard, while engaged in the 27 operation of their official duties; 28 (3) Federal officials required to carry firearms, 29 while engaged in the operation of their official duties; 30 (4) Members of bona fide veterans organizations 31 which receive firearms directly from the armed forces of SB1936 Enrolled -2- LRB9214499RCcd 1 the United States, while using the firearms for 2 ceremonial purposes with blank ammunition; 3 (5) Nonresident hunters during hunting season, with 4 valid nonresident hunting licenses and while in an area 5 where hunting is permitted; however, at all other times 6 and in all other places these persons must have their 7 firearms unloaded and enclosed in a case; 8 (6) Those hunters exempt from obtaining a hunting 9 license who are required to submit their Firearm Owner's 10 Identification Card when hunting on Department of Natural 11 Resources owned or managed sites; 12 (7) Nonresidents while on a firing or shooting 13 range recognized by the Department of State Police; 14 however, these persons must at all other times and in all 15 other places have their firearms unloaded and enclosed in 16 a case; 17 (8) Nonresidents while at a firearm showing or 18 display recognized by the Department of State Police; 19 however, at all other times and in all other places these 20 persons must have their firearms unloaded and enclosed in 21 a case; 22 (9) Nonresidents whose firearms are unloaded and 23 enclosed in a case; 24 (10) Nonresidents who are currently licensed or 25 registered to possess a firearm in their resident state; 26 (11) Unemancipated minors while in the custody and 27 immediate control of their parent or legal guardian or 28 other person in loco parentis to the minor if the parent 29 or legal guardian or other person in loco parentis to the 30 minor has a currently valid Firearm Owner's 31 Identification Card; 32 (12) Color guards of bona fide veterans 33 organizations or members of bona fide American Legion 34 bands while using firearms for ceremonial purposes with SB1936 Enrolled -3- LRB9214499RCcd 1 blank ammunition; 2 (13) Nonresident hunters whose state of residence 3 does not require them to be licensed or registered to 4 possess a firearm and only during hunting season, with 5 valid hunting licenses, while accompanied by, and using a 6 firearm owned by, a person who possesses a valid Firearm 7 Owner's Identification Card and while in an area within a 8 commercial club licensed under the Wildlife Code where 9 hunting is permitted and controlled, but in no instance 10 upon sites owned or managed by the Department of Natural 11 Resources;and12 (14) Resident hunters who are properly authorized 13 to hunt and, while accompanied by a person who possesses 14 a valid Firearm Owner's Identification Card, hunt in an 15 area within a commercial club licensed under the Wildlife 16 Code where hunting is permitted and controlled; and.17 (15) A person who is otherwise eligible to obtain a 18 Firearm Owner's Identification Card under this Act and is 19 under the direct supervision of a holder of a Firearm 20 Owner's Identification Card who is 21 years of age or 21 older while the person is on a firing or shooting range 22 or is a participant in a firearms safety and training 23 course recognized by a law enforcement agency or a 24 national, statewide shooting sports organization. 25 (c) The provisions of this Section regarding the 26 acquisition and possession of firearms and firearm ammunition 27 do not apply to law enforcement officials of this or any 28 other jurisdiction, while engaged in the operation of their 29 official duties. 30 (Source: P.A. 91-694, eff. 4-13-00.) 31 (430 ILCS 65/4) (from Ch. 38, par. 83-4) 32 Sec. 4. (a) Each applicant for a Firearm Owner's 33 Identification Card must: SB1936 Enrolled -4- LRB9214499RCcd 1 (1) Make application on blank forms prepared and 2 furnished at convenient locations throughout the State by 3 the Department of State Police, or by electronic means, 4 if and when made available by the Department of State 5 Police; and 6 (2) Submit evidence to the Department of State 7 Police that: 8 (i) He or she is 21 years of age or over, or 9 if he or she is under 21 years of age that he or she 10 has the written consent of his or her parent or 11 legal guardian to possess and acquire firearms and 12 firearm ammunition and that he or she has never been 13 convicted of a misdemeanor other than a traffic 14 offense or adjudged delinquent, provided, however, 15 that such parent or legal guardian is not an 16 individual prohibited from having a Firearm Owner's 17 Identification Card and files an affidavit with the 18 Department as prescribed by the Department stating 19 that he or she is not an individual prohibited from 20 having a Card; 21 (ii) He or she has not been convicted of a 22 felony under the laws of this or any other 23 jurisdiction; 24 (iii) He or she is not addicted to narcotics; 25 (iv) He or she has not been a patient in a 26 mental institution within the past 5 years; 27 (v) He or she is not mentally retarded; 28 (vi) He or she is not an alien who is 29 unlawfully present in the United States under the 30 laws of the United States; 31 (vii) He or she is not subject to an existing 32 order of protection prohibiting him or her from 33 possessing a firearm; 34 (viii) He or she has not been convicted within SB1936 Enrolled -5- LRB9214499RCcd 1 the past 5 years of battery, assault, aggravated 2 assault, violation of an order of protection, or a 3 substantially similar offense in another 4 jurisdiction, in which a firearm was used or 5 possessed; 6 (ix) He or she has not been convicted of 7 domestic battery or a substantially similar offense 8 in another jurisdiction committed on or after the 9 effective date of this amendatory Act of 1997; and 10 (x) He or she has not been convicted within 11 the past 5 years of domestic battery or a 12 substantially similar offense in another 13 jurisdiction committed before the effective date of 14 this amendatory Act of 1997; and 15 (3) Upon request by the Department of State Police, 16 sign a release on a form prescribed by the Department of 17 State Police waiving any right to confidentiality and 18 requesting the disclosure to the Department of State 19 Police of limited mental health institution admission 20 information from another state, the District of Columbia, 21 any other territory of the United States, or a foreign 22 nation concerning the applicant for the sole purpose of 23 determining whether the applicant is or was a patient in 24 a mental health institution and disqualified because of 25 that status from receiving a Firearm Owner's 26 Identification Card. No mental health care or treatment 27 records may be requested. The information received shall 28 be destroyed within one year of receipt. 29 (a-5) Each applicant for a Firearm Owner's 30 Identification Card who is over the age of 18 shall furnish 31 to the Department of State Police either his or her driver's 32 license number or Illinois Identification Card number. 33 (a-10) Each applicant for a Firearm Owner's 34 Identification Card, who is employed as an armed security SB1936 Enrolled -6- LRB9214499RCcd 1 officer at a nuclear energy, storage, weapons, or development 2 facility regulated by the Nuclear Regulatory Commission and 3 who is not an Illinois resident, shall furnish to the 4 Department of State Police his or her driver's license number 5 or state identification card number from his or her state of 6 residence. The Department of State Police may promulgate 7 rules to enforce the provisions of this subsection (a-10). 8 (b) Each application form shall include the following 9 statement printed in bold type: "Warning: Entering false 10 information on an application for a Firearm Owner's 11 Identification Card is punishable as a Class 2 felony in 12 accordance with subsection (d-5) of Section 14 of the Firearm 13 Owners Identification Card Act.". 14 (c) Upon such written consent, pursuant to Section 4, 15 paragraph (a) (2) (i), the parent or legal guardian giving 16 the consent shall be liable for any damages resulting from 17 the applicant's use of firearms or firearm ammunition. 18 (Source: P.A. 91-514, eff. 1-1-00; 91-694, eff. 4-13-00; 19 92-442, eff. 8-17-01.) 20 (430 ILCS 65/15b new) 21 Sec. 15b. Certified abstracts. Any certified abstract 22 issued by the Director of State Police or transmitted 23 electronically by the Director of State Police under this 24 Section to a court or on request of a law enforcement agency 25 for the record of a named person as to the status of the 26 person's Firearm Owner's Identification Card is prima facie 27 evidence of the facts stated in the certified abstract and if 28 the name appearing in the abstract is the same as that of a 29 person named in an information or warrant, the abstract is 30 prima facie evidence that the person named in the information 31 or warrant is the same person as the person named in the 32 abstract and is admissible for any prosecution under this Act 33 or any other applicable violation of law and may be admitted SB1936 Enrolled -7- LRB9214499RCcd 1 as proof of any prior conviction or proof of records, 2 notices, or orders recorded on individual Firearm Owner's 3 Identification Card records maintained by the Department of 4 State Police. 5 Section 10. The Criminal Code of 1961 is amended by 6 changing Section 24-3.1 as follows: 7 (720 ILCS 5/24-3.1) (from Ch. 38, par. 24-3.1) 8 Sec. 24-3.1. Unlawful possession of firearms and firearm 9 ammunition. 10 (a) A person commits the offense of unlawful possession 11 of firearms or firearm ammunition when: 12 (1) He is under 18 years of age and has in his 13 possession any firearm of a size which may be concealed 14 upon the person; or 15 (2) He is under 21 years of age, has been convicted 16 of a misdemeanor other than a traffic offense or adjudged 17 delinquent and has any firearms or firearm ammunition in 18 his possession; or 19 (3) He is a narcotic addict and has any firearms or 20 firearm ammunition in his possession; or 21 (4) He has been a patient in a mental hospital 22 within the past 5 years and has any firearms or firearm 23 ammunition in his possession; or 24 (5) He is mentally retarded and has any firearms or 25 firearm ammunition in his possession; or 26 (6) He has in his possession any explosive bullet. 27 For purposes of this paragraph "explosive bullet" means 28 the projectile portion of an ammunition cartridge which 29 contains or carries an explosive charge which will explode 30 upon contact with the flesh of a human or an animal. 31 "Cartridge" means a tubular metal case having a projectile 32 affixed at the front thereof and a cap or primer at the rear SB1936 Enrolled -8- LRB9214499RCcd 1 end thereof, with the propellant contained in such tube 2 between the projectile and the cap; or 3 (b) Sentence. 4 Unlawful possession of firearms, other than handguns, and 5 firearm ammunition is a Class A misdemeanor. Unlawful 6 possession of handguns is a Class 4 felony. 7 (c) Nothing in paragraph (1) of subsection (a) of this 8 Section prohibits a person under 18 years of age from 9 participating in any lawful recreational activity with a 10 firearm such as, but not limited to, practice shooting at 11 targets upon established public or private target ranges or 12 hunting, trapping, or fishing in accordance with the Wildlife 13 Code or the Fish and Aquatic Life Code. 14 (Source: P.A. 91-696, eff. 4-13-00.) 15 Section 99. Effective date. This Act takes effect upon 16 becoming law.