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92_HB4972
LRB9210661ARsb
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.)