Public Act 094-0006
 		





SB1962 Enrolled
LRB094 11402 RLC 42294 b






    AN ACT concerning firearms.

 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:


 
    Section 5. The Firearm Owners Identification Card Act is 
amended  by changing the title of the Act and Sections 1, 1.1, 
2, 3, and 3.1 as follows:
 


    (430 ILCS 65/Act title)


An Act relating to the acquisition,
possession and transfer 
of firearms,
and firearm ammunition, stun guns, and tasers, to 
provide a
penalty for the violation thereof and to make an 
appropriation in
connection therewith.
 



    (430 ILCS 65/1)  (from Ch. 38, par. 83-1)



    Sec. 1. It is hereby declared as a matter of legislative 
determination that
in order to promote and protect the health, 
safety and welfare of the
public, it is necessary and in the 
public interest to provide a system of
identifying persons who 
are not qualified to acquire or possess firearms,
and firearm 
ammunition, stun guns, and tasers within the State of Illinois 
by the establishment of
a system of Firearm Owner's 
Identification Cards, thereby establishing a
practical and 
workable system by which law enforcement authorities will be

afforded an opportunity to identify those persons who are 
prohibited by
Section 24--3.1 of the "Criminal Code of 1961", 
as amended, from
acquiring or possessing firearms and firearm 
ammunition and who are prohibited by this Act from acquiring 
stun guns and tasers.

(Source: Laws 1967, p. 2600.)

 



    (430 ILCS 65/1.1)  (from Ch. 38, par. 83-1.1)



    Sec. 1.1. For purposes of this Act: 

    "Counterfeit" means to copy or imitate, without legal 
authority, with
intent
to deceive.

    "Firearm" means any device, by
whatever name known, which 
is designed to expel a projectile or projectiles
by the action 
of an explosion, expansion of gas or escape of gas; excluding,

however:


        (1) any pneumatic gun, spring gun, paint ball gun or 
    B-B gun which
either expels a single globular projectile 
    not exceeding .18 inch in
diameter and which has a maximum 
    muzzle velocity of less than 700 feet
per second or 
    breakable paint balls containing washable marking colors;


        (2) any device used exclusively for signalling or 
    safety and required or
recommended by the United States 
    Coast Guard or the Interstate Commerce
Commission;


        (3) any device used exclusively for the firing of stud 
    cartridges,
explosive rivets or similar industrial 
    ammunition; and


        (4) an antique firearm (other than a machine-gun) 
    which, although
designed as a weapon, the Department of 
    State Police finds by reason of
the date of its 
    manufacture, value, design, and other characteristics is

    primarily a collector's item and is not likely to be used 
    as a weapon.

    "Firearm ammunition" means any self-contained cartridge or 
shotgun
shell, by whatever name known, which is designed to be 
used or adaptable to
use in a firearm; excluding, however:


        (1) any ammunition exclusively designed for use with a 
    device used
exclusively for signalling or safety and 
    required or recommended by the
United States Coast Guard or 
    the Interstate Commerce Commission; and


        (2) any ammunition designed exclusively for use with a 
    stud or rivet
driver or other similar industrial 
    ammunition.

    "Stun gun or taser" has the meaning ascribed to it in 
Section 24-1 of the Criminal Code of 1961.

(Source: P.A. 91-357, eff. 7-29-99; 92-414, eff. 1-1-02.)

 



    (430 ILCS 65/2)  (from Ch. 38, par. 83-2)



    Sec. 2. Firearm Owner's Identification Card required; 
exceptions. 


    (a) (1) No person may acquire or possess any firearm, stun 
    gun, or taser within this 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 this Act.


        (2) No person may acquire or possess firearm ammunition 
    within this
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 this Act.

    (b) The provisions of this Section regarding the possession 
of firearms,
and firearm ammunition, stun guns, and tasers do 
not apply to:


        (1) United States Marshals, while engaged in the 
    operation of their
official duties;


        (2) Members of the Armed Forces of the United States or 
    the National
Guard, while engaged in the operation of their 
    official duties;


        (3) Federal officials required to carry firearms, 
    while engaged in the
operation of their official duties;


        (4) Members of bona fide veterans organizations which 
    receive firearms
directly from the armed forces of the 
    United States, while using the
firearms for ceremonial 
    purposes with blank ammunition;


        (5) Nonresident hunters during hunting season, with 
    valid nonresident
hunting licenses and while in an area 
    where hunting is permitted; however,
at all other times and 
    in all other places these persons must have their
firearms 
    unloaded and enclosed in a case;


        (6) Those hunters exempt from obtaining a hunting 
    license who are
required to submit their Firearm Owner's 
    Identification Card when hunting
on Department of Natural 
    Resources owned or managed sites;


        (7) Nonresidents while on a firing or shooting range 
    recognized by the
Department of State Police; however, 
    these persons must at all other times
and in all other 
    places have their firearms unloaded and enclosed in a case;


        (8) Nonresidents while at a firearm showing or display 
    recognized by
the Department of State Police; however, at 
    all other times and in all
other places these persons must 
    have their firearms unloaded and enclosed
in a case;


        (9) Nonresidents whose firearms are unloaded and 
    enclosed in a case;


        (10) Nonresidents who are currently licensed or 
    registered to possess a
firearm in their resident state;


        (11) Unemancipated minors while in the custody and 
    immediate control of
their parent or legal guardian or 
    other person in loco parentis to the
minor if the parent or 
    legal guardian or other person in loco parentis to
the 
    minor has a currently valid Firearm Owner's Identification

    Card;


        (12) Color guards of bona fide veterans organizations 
    or members of bona
fide American Legion bands while using 
    firearms for ceremonial purposes
with blank ammunition;


        (13) Nonresident hunters whose state of residence does 
    not require
them to be licensed or registered to possess a 
    firearm and only during
hunting season, with valid hunting 
    licenses, while accompanied by, and
using a firearm owned 
    by, a person who possesses a valid Firearm Owner's

    Identification Card and while in an area within a 
    commercial club licensed
under the Wildlife Code where 
    hunting is permitted and controlled, but in
no instance 
    upon sites owned or managed by the Department of Natural

    Resources;


        (14) Resident hunters who are properly authorized to 
    hunt and,
while accompanied by a person who possesses a 
    valid Firearm Owner's
Identification Card, hunt in an area 
    within a commercial club licensed
under the Wildlife Code 
    where hunting is permitted and controlled; and


        (15) A person who is otherwise eligible to obtain a 
    Firearm Owner's
Identification Card under this Act and is 
    under the direct supervision of a
holder of a Firearm

    Owner's Identification Card who is 21 years of age or older 
    while the person is
on a firing or shooting range
or is a

    participant in a firearms safety and training course 
    recognized by a law
enforcement agency or a national, 
    statewide shooting sports organization.

    (c) The provisions of this Section regarding the 
acquisition and possession
of firearms,
and firearm 
ammunition, stun guns, and tasers do not apply to law 
enforcement officials
of this or any other jurisdiction, while 
engaged in the operation of their
official duties.

(Source: P.A. 91-694, eff. 4-13-00; 92-839, eff. 8-22-02.)

 



    (430 ILCS 65/3)  (from Ch. 38, par. 83-3)



    Sec. 3. (a) Except as provided in Section 3a, no person may 
knowingly
transfer, or cause to be transferred, any firearm,
or

any firearm ammunition, stun gun, or taser to any person within 
this State unless the
transferee with whom he deals displays a 
currently valid Firearm Owner's
Identification Card which has 
previously been issued in his name by the
Department of State 
Police under the provisions of this Act. In addition,
all 
firearm, stun gun, and taser transfers by federally licensed 
firearm dealers are subject
to Section 3.1.

    (b) Any person within this State who transfers or causes to 
be
transferred any firearm, stun gun, or taser shall keep a 
record of such transfer for a period
of 10 years from the date 
of transfer. Such record shall contain the date
of the 
transfer; the description, serial number or other information

identifying the firearm, stun gun, or taser if no serial number 
is available; and, if the
transfer was completed within this 
State, the transferee's Firearm Owner's
Identification Card 
number. On demand of a peace officer such transferor
shall 
produce for inspection such record of transfer.

    (c) The provisions of this Section regarding the transfer 
of firearm
ammunition shall not apply to those persons 
specified in paragraph (b) of
Section 2 of this Act.

(Source: P.A. 92-442, eff. 8-17-01.)

 



    (430 ILCS 65/3.1)  (from Ch. 38, par. 83-3.1)



    Sec. 3.1. Dial up system. The Department of State Police 
shall provide
a dial up telephone system which shall be used by 
any federally licensed
firearm dealer who is to transfer a 
firearm, stun gun, or taser under the provisions of this
Act. 
The Department of State Police shall utilize existing 
technology which
allows the caller to be charged a fee 
equivalent to the cost of providing
this service but not to 
exceed $2.  Fees collected by the Department of
State Police 
shall be deposited in the State Police Services Fund and used

to provide the service.

    Upon receiving a request from a federally licensed firearm 
dealer, the
Department of State Police shall immediately 
approve, or within the time
period established by Section 24-3 
of the Criminal Code of 1961 regarding
the delivery of 
firearms, stun guns, and tasers notify the inquiring dealer of 
any objection that
would disqualify the transferee from 
acquiring or possessing a firearm, stun gun, or taser. In

conducting the inquiry, the Department of State Police shall 
initiate and
complete an automated search of its criminal 
history record information
files and those of the Federal 
Bureau of Investigation, including the
National Instant 
Criminal Background Check System, and of the files of
the 
Department of Human Services relating to mental health and

developmental disabilities to obtain
any felony conviction or 
patient hospitalization information which would
disqualify a 
person from obtaining or require revocation of a currently

valid Firearm Owner's Identification Card.

    The Department of State Police must act as the Illinois 
Point of Contact
for the National Instant Criminal Background 
Check System.

    The Department of State Police shall promulgate rules to 
implement this
system.

(Source: P.A. 91-399, eff. 7-30-99.)


 
    Section 10. The Criminal Code of 1961 is amended  by 
changing Section 24-3 as follows:
 



    (720 ILCS 5/24-3)  (from Ch. 38, par. 24-3)



    Sec. 24-3. Unlawful Sale of Firearms. 

    (A) A person commits the offense of unlawful sale of 
firearms when he
or she knowingly does any of the following:


        (a) Sells or gives any firearm of a size which may be 
    concealed upon the
person to any person under 18 years of 
    age.


        (b) Sells or gives any firearm to a person under 21 
    years of age who has
been convicted of a misdemeanor other 
    than a traffic offense or adjudged
delinquent.


        (c) Sells or gives any firearm to any narcotic addict.


        (d) Sells or gives any firearm to any person who has 
    been convicted of a
felony under the laws of this or any 
    other jurisdiction.


        (e) Sells or gives any firearm to any person who has 
    been a patient in a
mental hospital within the past 5 
    years.


        (f) Sells or gives any firearms to any person who is 
    mentally
retarded.


        (g) Delivers any firearm of a size which may be 
    concealed upon the
person, incidental to a sale, without 
    withholding delivery of such firearm
for at least 72 hours 
    after application for its purchase has been made, or

    delivers any rifle, shotgun or other long gun, or a stun 
    gun or taser, incidental to a sale,
without withholding 
    delivery of such rifle, shotgun or other long gun, or a 
    stun gun or taser for
at least 24 hours after application 
    for its purchase has been made.  However,
this paragraph (g) 
    does not apply to: (1) the sale of a firearm
to a law 
    enforcement officer or a person who desires to purchase a 
    firearm for
use in promoting the public interest incident 
    to his or her employment as a
bank guard, armed truck 
    guard, or other similar employment; (2) a mail
order sale 
    of a firearm to a nonresident of Illinois under which the 
    firearm
is mailed to a point outside the boundaries of 
    Illinois; (3) the sale
of a firearm to a nonresident of 
    Illinois while at a firearm showing or display
recognized 
    by the Illinois Department of State Police; or (4) the sale 
    of a
firearm to a dealer licensed as a federal firearms 
    dealer under Section 923
of the federal Gun Control Act of 
    1968 (18 U.S.C. 923).


        (h) While holding any license
as a dealer,
importer, 
    manufacturer or pawnbroker
under the federal Gun Control 
    Act of 1968,
manufactures, sells or delivers to any 
    unlicensed person a handgun having
a barrel, slide, frame 
    or receiver which is a die casting of zinc alloy or
any 
    other nonhomogeneous metal which will melt or deform at a 
    temperature
of less than 800 degrees Fahrenheit.  For 
    purposes of this paragraph, (1)
"firearm" is defined as in 
    the Firearm Owners Identification Card Act; and (2)

    "handgun" is defined as a firearm designed to be held
and 
    fired by the use of a single hand, and includes a 
    combination of parts from
which such a firearm can be 
    assembled.


        (i) Sells or gives a firearm of any size to any person 
    under 18 years of
age who does not possess a valid Firearm 
    Owner's Identification Card.


        (j) Sells or gives a firearm while engaged in the 
    business of selling
firearms at wholesale or retail without 
    being licensed as a federal firearms
dealer under Section 
    923 of the federal Gun Control Act of 1968 (18 U.S.C.
923).  
    In this paragraph (j):


        A person "engaged in the business" means a person who 
    devotes time,
attention, and
labor to
engaging in the 
    activity as a regular course of trade or business with the

    principal objective of livelihood and profit, but does not 
    include a person who
makes occasional repairs of firearms 
    or who occasionally fits special barrels,
stocks, or 
    trigger mechanisms to firearms.


        "With the principal objective of livelihood and 
    profit" means that the
intent
underlying the sale or 
    disposition of firearms is predominantly one of
obtaining 
    livelihood and pecuniary gain, as opposed to other intents, 
    such as
improving or liquidating a personal firearms 
    collection; however, proof of
profit shall not be required 
    as to a person who engages in the regular and
repetitive 
    purchase and disposition of firearms for criminal purposes 
    or
terrorism.

        (k) Sells or transfers ownership of a firearm to a 
    person who does not display to the seller or transferor of 
    the firearm a currently valid Firearm Owner's 
    Identification Card that has previously been issued in the 
    transferee's name by the Department of State Police under 
    the provisions of the Firearm Owners Identification Card 
    Act.  This paragraph (k) does not apply to the transfer of a 
    firearm to a person who is exempt from the requirement of 
    possessing a Firearm Owner's Identification Card under 
    Section 2 of the Firearm Owners Identification Card Act. 
    For the purposes of this Section, a currently valid Firearm 
    Owner's Identification Card means (i) a Firearm Owner's 
    Identification Card that has not expired or (ii) if the 
    transferor is licensed as a federal firearms dealer under 
    Section 923 of the federal Gun Control Act of 1968 (18 
    U.S.C. 923), an approval number issued in accordance with 
    Section 3.1 of the Firearm Owners Identification Card Act 
    shall be proof that the Firearm Owner's Identification Card 
    was valid.
    (B) Paragraph (h) of subsection (A) does not include 
firearms sold within 6
months after enactment of Public
Act 
78-355 (approved August 21, 1973, effective October 1, 1973), 
nor is any
firearm legally owned or
possessed by any citizen or 
purchased by any citizen within 6 months after the
enactment of 
Public Act 78-355 subject
to confiscation or seizure under the 
provisions of that Public Act.  Nothing in
Public Act 78-355 
shall be construed to prohibit the gift or trade of
any firearm 
if that firearm was legally held or acquired within 6 months 
after
the enactment of that Public Act.

    (C) Sentence.


        (1) Any person convicted of unlawful sale of firearms 
    in violation of
any of paragraphs (c) through (h) of 
    subsection (A) commits a Class
4
felony.


        (2) Any person convicted of unlawful sale of firearms 
    in violation of
paragraph (b) or (i) of subsection (A) 
    commits a Class 3 felony.


        (3) Any person convicted of unlawful sale of firearms 
    in violation of
paragraph (a) of subsection (A) commits a 
    Class 2 felony.


        (4) Any person convicted of unlawful sale of firearms 
    in violation of
paragraph (a), (b), or (i) of subsection 
    (A) in any school, on the real
property comprising a 
    school, within 1,000 feet of the real property comprising
a 
    school, at a school related activity, or on or within 1,000 
    feet of any
conveyance owned, leased, or contracted by a 
    school or school district to
transport students to or from 
    school or a school related activity,
regardless of the time 
    of day or time of year at which the offense
was committed, 
    commits a Class 1 felony.  Any person convicted of a second

    or subsequent violation of unlawful sale of firearms in 
    violation of paragraph
(a), (b), or (i) of subsection (A) 
    in any school, on the real property
comprising a school, 
    within 1,000 feet of the real property comprising a
school, 
    at a school related activity, or on or within 1,000 feet of 
    any
conveyance owned, leased, or contracted by a school or 
    school district to
transport students to or from school or 
    a school related activity,
regardless of the time of day or 
    time of year at which the offense
was committed, commits a 
    Class 1 felony for which the sentence shall be a
term of 
    imprisonment of no less than 5 years and no more than 15 
    years.


        (5) Any person convicted of unlawful sale of firearms 
    in violation of
paragraph (a) or (i) of subsection (A) in 
    residential property owned,
operated, or managed by a 
    public housing agency or leased by a public housing
agency 
    as part of a scattered site or mixed-income development, in 
    a public
park, in a
courthouse, on residential property 
    owned, operated, or managed by a public
housing agency or 
    leased by a public housing agency as part of a scattered 
    site
or mixed-income development, on the real property 
    comprising any public park,
on the real
property comprising 
    any courthouse, or on any public way within 1,000 feet
of 
    the real property comprising any public park, courthouse, 
    or residential
property owned, operated, or managed by a 
    public housing agency or leased by a
public housing agency 
    as part of a scattered site or mixed-income development

    commits a
Class 2 felony.


        (6) Any person convicted of unlawful sale of firearms 
    in violation of
paragraph (j) of subsection (A) commits a 
    Class A misdemeanor.  A second or
subsequent violation is a 
    Class 4 felony.
        (7) Any person convicted of unlawful sale of firearms 
    in violation of paragraph (k) of subsection (A) commits a 
    Class 4 felony.  A third or subsequent conviction for a 
    violation of paragraph (k) of subsection (A) is a Class 1 
    felony.


    (D) For purposes of this Section:

    "School" means a public or private elementary or secondary 
school,
community college, college, or university.

    "School related activity" means any sporting, social, 
academic, or
other activity for which students' attendance or 
participation is sponsored,
organized, or funded in whole or in 
part by a school or school district.

    (E) A prosecution for a violation of paragraph (k) of 
subsection (A) of this Section may be commenced within 6 years 
after the commission of the offense. A prosecution for a 
violation of this Section other than paragraph (g) of 
subsection (A) of this Section may be commenced within 5 years 
after the commission of the offense defined in the particular 
paragraph.

(Source: P.A. 93-162, eff. 7-10-03; 93-906, eff. 8-11-04.)