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| Public Act 094-0353 |
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AN ACT concerning firearms.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The Firearm Owners Identification Card Act is | ||||
amended by changing Sections 1.1, 3, 3.1, 3a, and 5 as follows:
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(430 ILCS 65/1.1) (from Ch. 38, par. 83-1.1)
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Sec. 1.1. For purposes of this Act:
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"Counterfeit" means to copy or imitate, without legal | ||||
authority, with
intent
to deceive. | ||||
"Federally licensed firearm dealer" means a person who is | ||||
licensed as a federal firearms dealer under Section 923 of the | ||||
federal Gun Control Act of 1968 (18 U.S.C. 923).
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"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,
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however:
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(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;
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(2) any device used exclusively for signalling or | ||||
safety and required or
recommended by the United States | ||||
Coast Guard or the Interstate Commerce
Commission;
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(3) any device used exclusively for the firing of stud | ||||
cartridges,
explosive rivets or similar industrial | ||||
ammunition; and
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(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
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primarily a collector's item and is not likely to be used | ||||
as a weapon.
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"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:
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(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
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(2) any ammunition designed exclusively for use with a | ||
stud or rivet
driver or other similar industrial | ||
ammunition. | ||
"Gun show" means an event or function: | ||
(1) at which the sale and transfer of firearms is the | ||
regular and normal course of business and where 50 or more | ||
firearms are displayed, offered, or exhibited for sale, | ||
transfer, or exchange; or | ||
(2) at which not less than 10 gun show vendors display, | ||
offer, or exhibit for sale, sell, transfer, or exchange | ||
firearms.
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"Gun show" includes the entire premises provided for an | ||
event or function, including parking areas for the event or | ||
function, that is sponsored to facilitate the purchase, sale, | ||
transfer, or exchange of firearms as described in this Section.
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"Gun show" does not include training or safety classes, | ||
competitive shooting events, such as rifle, shotgun, or handgun | ||
matches, trap, skeet, or sporting clays shoots, dinners, | ||
banquets, raffles, or
any other event where the sale or | ||
transfer of firearms is not the primary course of business. | ||
"Gun show promoter" means a person who organizes or | ||
operates a gun show. | ||
"Gun show vendor" means a person who exhibits, sells, | ||
offers for sale, transfers, or exchanges any firearms at a gun | ||
show, regardless of whether the person arranges with a gun show | ||
promoter for a fixed location from which to exhibit, sell, | ||
offer for sale, transfer, or exchange any firearm. | ||
"Sanctioned competitive shooting event" means a shooting | ||
contest officially recognized by a national or state shooting | ||
sport association, and includes any sight-in or practice | ||
conducted in conjunction with the event.
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(Source: P.A. 91-357, eff. 7-29-99; 92-414, eff. 1-1-02.)
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(430 ILCS 65/3) (from Ch. 38, par. 83-3)
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Sec. 3. (a) Except as provided in Section 3a, no person may | ||
knowingly
transfer, or cause to be transferred, any firearm or
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any firearm ammunition 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 transfers by | ||
federally licensed firearm dealers are subject
to Section 3.1.
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(a-5) Any person who is not a federally licensed firearm | ||
dealer and who desires to transfer or sell a firearm while that | ||
person is on the grounds of a gun show must, before selling or | ||
transferring the firearm, request the Department of State | ||
Police to conduct a background check on the prospective | ||
recipient of the firearm in accordance with Section 3.1.
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(b) Any person within this State who transfers or causes to | ||
be
transferred any firearm 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 if no | ||
serial number is available; and, if the
transfer was completed | ||
within this State, the transferee's Firearm Owner's
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Identification Card number. On demand of a peace officer such | ||
transferor
shall produce for inspection such record of | ||
transfer. If the transfer or sale took place at a gun show, the | ||
record shall include the unique identification number. Failure | ||
to record the unique identification number is a petty offense.
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(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.
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(Source: P.A. 92-442, eff. 8-17-01.)
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(430 ILCS 65/3.1) (from Ch. 38, par. 83-3.1)
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Sec. 3.1. Dial up system. | ||
(a) The Department of State Police shall provide
a dial up | ||
telephone system or utilize other existing technology which | ||
shall be used by any federally licensed
firearm dealer, gun | ||
show promoter, or gun show vendor who is to transfer a firearm | ||
under the provisions of this
Act. The Department of State | ||
Police may
shall utilize existing technology which
allows the | ||
caller to be charged a fee equivalent to the cost of providing
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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.
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(b) Upon receiving a request from a federally licensed | ||
firearm dealer, gun show promoter, or gun show vendor, the
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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, notify the | ||
inquiring dealer, gun show promoter, or gun show vendor of any | ||
objection that
would disqualify the transferee from acquiring | ||
or possessing a firearm. In
conducting the inquiry, the | ||
Department of State Police shall initiate and
complete an | ||
automated search of its criminal history record information
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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. | ||
(c) If receipt of a firearm would not violate Section 24-3 | ||
of the Criminal Code of 1961, federal law, or this Act the | ||
Department of State Police shall: | ||
(1) assign a unique identification number to the | ||
transfer; and | ||
(2) provide the licensee, gun show promoter, or gun | ||
show vendor with the number. | ||
(d) Approvals issued by the Department of State Police for | ||
the purchase of a firearm are valid for 30 days from the date | ||
of issue.
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(e) The Department of State Police must act as the Illinois | ||
Point of Contact
for the National Instant Criminal Background | ||
Check System.
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(f) The Department of State Police shall promulgate rules | ||
not inconsistent with this Section to implement this
system.
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(Source: P.A. 91-399, eff. 7-30-99.)
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(430 ILCS 65/3a) (from Ch. 38, par. 83-3a)
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Sec. 3a. (a) Any resident of Illinois who has obtained a | ||
firearm
owner's identification card pursuant to this Act and | ||
who is not otherwise
prohibited from obtaining, possessing or | ||
using a firearm may purchase or
obtain a rifle or shotgun or | ||
ammunition for a rifle or shotgun in Iowa,
Missouri, Indiana, | ||
Wisconsin or Kentucky.
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(b) Any resident of Iowa, Missouri, Indiana, Wisconsin or | ||
Kentucky
or a
non-resident with a valid non-resident hunting | ||
license, who
is 18 years of age or older and who is not | ||
prohibited by the laws of
Illinois, the state of his domicile, | ||
or the United States from obtaining,
possessing or using a | ||
firearm, may purchase or obtain a rifle,
shotgun or
ammunition | ||
for a rifle or shotgun in Illinois.
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(b-5) Any non-resident who is participating in a sanctioned | ||
competitive
shooting
event, who is 18 years of age or older and | ||
who is not prohibited by the laws of
Illinois,
the state of his | ||
or her domicile, or the United States from obtaining,
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possessing, or using
a firearm, may purchase or obtain a | ||
shotgun or shotgun ammunition in Illinois
for the
purpose of | ||
participating in that event. A person may purchase or obtain a
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shotgun or
shotgun ammunition under this subsection only at the | ||
site where the sanctioned
competitive shooting event is being | ||
held.
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For purposes of this subsection, "sanctioned competitive
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shooting event" means a shooting contest officially recognized | ||
by a national or
state shooting sport association, and includes | ||
any sight-in or practice
conducted in conjunction with the | ||
event.
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(c) Any transaction under this Section is subject to the | ||
provisions of
the Gun Control Act of 1968 (18 U.S.C. 922 | ||
(b)(3)).
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(Source: P.A. 92-528, eff. 2-8-02.)
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(430 ILCS 65/5) (from Ch. 38, par. 83-5)
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Sec. 5. The Department of State Police shall either approve | ||
or
deny all applications within 30 days from the date they are | ||
received,
and every applicant found qualified pursuant to | ||
Section 8 of this Act by
the Department shall be entitled to a | ||
Firearm Owner's Identification
Card upon the payment of a $5 | ||
fee. $3 of each fee derived from the
issuance of Firearm | ||
Owner's Identification Cards, or renewals thereof,
shall be | ||
deposited in the Wildlife and Fish Fund in the State Treasury;
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$1 of such fee shall be deposited in the State Police Services | ||
Fund
General Revenue Fund
in the State Treasury and $1 of such | ||
fee shall be deposited in the
Firearm Owner's Notification | ||
Fund. Monies in the Firearm Owner's
Notification Fund shall be | ||
used exclusively to pay for the cost of sending
notices of | ||
expiration of Firearm Owner's Identification Cards under | ||
Section
13.2 of this Act.
Excess monies in the Firearm Owner's | ||
Notification Fund shall be used to
ensure the prompt and | ||
efficient processing of applications received under
Section 4 | ||
of this Act.
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(Source: P.A. 84-1426.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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