[ Search ] [ PDF text ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ Enrolled ] | [ House Amendment 001 ] |
| [ House Amendment 002 ] | [ Senate Amendment 001 ] | [ Senate Amendment 002 ] |
92_SB1936eng SB1936 Engrossed 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 Section 2 as follows: 6 (430 ILCS 65/2) (from Ch. 38, par. 83-2) 7 Sec. 2. Firearm Owner's Identification Card required; 8 exceptions. 9 (a) (1) No person may acquire or possess any firearm 10 within this State without having in his or her possession a 11 Firearm Owner's Identification Card previously issued in his 12 or her name by the Department of State Police under the 13 provisions of this Act. 14 (2) No person may acquire or possess firearm ammunition 15 within this State without having in his or her possession a 16 Firearm Owner's Identification Card previously issued in his 17 or her name by the Department of State Police under the 18 provisions of this Act. 19 (b) The provisions of this Section regarding the 20 possession of firearms and firearm ammunition do not apply 21 to: 22 (1) United States Marshals, while engaged in the 23 operation of their official duties; 24 (2) Members of the Armed Forces of the United 25 States or the National Guard, while engaged in the 26 operation of their official duties; 27 (3) Federal officials required to carry firearms, 28 while engaged in the operation of their official duties; 29 (4) Members of bona fide veterans organizations 30 which receive firearms directly from the armed forces of 31 the United States, while using the firearms for SB1936 Engrossed -2- LRB9214499RCcd 1 ceremonial purposes with blank ammunition; 2 (5) Nonresident hunters during hunting season, with 3 valid nonresident hunting licenses and while in an area 4 where hunting is permitted; however, at all other times 5 and in all other places these persons must have their 6 firearms unloaded and enclosed in a case; 7 (6) Those hunters exempt from obtaining a hunting 8 license who are required to submit their Firearm Owner's 9 Identification Card when hunting on Department of Natural 10 Resources owned or managed sites; 11 (7) Nonresidents while on a firing or shooting 12 range recognized by the Department of State Police; 13 however, these persons must at all other times and in all 14 other places have their firearms unloaded and enclosed in 15 a case; 16 (8) Nonresidents while at a firearm showing or 17 display recognized by the Department of State Police; 18 however, at all other times and in all other places these 19 persons must have their firearms unloaded and enclosed in 20 a case; 21 (9) Nonresidents whose firearms are unloaded and 22 enclosed in a case; 23 (10) Nonresidents who are currently licensed or 24 registered to possess a firearm in their resident state; 25 (11) Unemancipated minors while in the custody and 26 immediate control of their parent or legal guardian or 27 other person in loco parentis to the minor if the parent 28 or legal guardian or other person in loco parentis to the 29 minor has a currently valid Firearm Owner's 30 Identification Card; 31 (12) Color guards of bona fide veterans 32 organizations or members of bona fide American Legion 33 bands while using firearms for ceremonial purposes with 34 blank ammunition; SB1936 Engrossed -3- LRB9214499RCcd 1 (13) Nonresident hunters whose state of residence 2 does not require them to be licensed or registered to 3 possess a firearm and only during hunting season, with 4 valid hunting licenses, while accompanied by, and using a 5 firearm owned by, a person who possesses a valid Firearm 6 Owner's Identification Card and while in an area within a 7 commercial club licensed under the Wildlife Code where 8 hunting is permitted and controlled, but in no instance 9 upon sites owned or managed by the Department of Natural 10 Resources;and11 (14) Resident hunters who are properly authorized 12 to hunt and, while accompanied by a person who possesses 13 a valid Firearm Owner's Identification Card, hunt in an 14 area within a commercial club licensed under the Wildlife 15 Code where hunting is permitted and controlled; and.16 (15) A person who is otherwise eligible to obtain a 17 Firearm Owner's Identification Card under this Act and is 18 under the direct supervision of a holder of a Firearm 19 Owner's Identification Card who is 21 years of age or 20 older while the person is on a firing or shooting range 21 or is a participant in a firearms safety and training 22 course recognized by a law enforcement agency or a 23 national, statewide shooting sports organization. 24 (c) The provisions of this Section regarding the 25 acquisition and possession of firearms and firearm ammunition 26 do not apply to law enforcement officials of this or any 27 other jurisdiction, while engaged in the operation of their 28 official duties. 29 (Source: P.A. 91-694, eff. 4-13-00.) 30 Section 10. The Criminal Code of 1961 is amended by 31 changing Section 24-3.1 as follows: 32 (720 ILCS 5/24-3.1) (from Ch. 38, par. 24-3.1) SB1936 Engrossed -4- LRB9214499RCcd 1 Sec. 24-3.1. Unlawful possession of firearms and firearm 2 ammunition. 3 (a) A person commits the offense of unlawful possession 4 of firearms or firearm ammunition when: 5 (1) He is under 18 years of age and has in his 6 possession any firearm of a size which may be concealed 7 upon the person; or 8 (2) He is under 21 years of age, has been convicted 9 of a misdemeanor other than a traffic offense or adjudged 10 delinquent and has any firearms or firearm ammunition in 11 his possession; or 12 (3) He is a narcotic addict and has any firearms or 13 firearm ammunition in his possession; or 14 (4) He has been a patient in a mental hospital 15 within the past 5 years and has any firearms or firearm 16 ammunition in his possession; or 17 (5) He is mentally retarded and has any firearms or 18 firearm ammunition in his possession; or 19 (6) He has in his possession any explosive bullet. 20 For purposes of this paragraph "explosive bullet" means 21 the projectile portion of an ammunition cartridge which 22 contains or carries an explosive charge which will explode 23 upon contact with the flesh of a human or an animal. 24 "Cartridge" means a tubular metal case having a projectile 25 affixed at the front thereof and a cap or primer at the rear 26 end thereof, with the propellant contained in such tube 27 between the projectile and the cap; or 28 (b) Sentence. 29 Unlawful possession of firearms, other than handguns, and 30 firearm ammunition is a Class A misdemeanor. Unlawful 31 possession of handguns is a Class 4 felony. 32 (c) Nothing in paragraph (1) of subsection (a) of this 33 Section prohibits a person under 18 years of age from 34 participating in any lawful recreational activity with a SB1936 Engrossed -5- LRB9214499RCcd 1 firearm such as, but not limited to, practice shooting at 2 targets upon established public or private target ranges or 3 hunting, trapping, or fishing in accordance with the Wildlife 4 Code or the Fish and Aquatic Life Code. 5 (Source: P.A. 91-696, eff. 4-13-00.) 6 Section 99. Effective date. This Act takes effect upon 7 becoming law.