Bill Text: IL SB1238 | 2013-2014 | 98th General Assembly | Amended
Bill Title: Amends the Environmental Protection Act. Makes a technical change in a Section concerning the short title.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Failed) 2015-01-13 - Session Sine Die [SB1238 Detail]
Download: Illinois-2013-SB1238-Amended.html
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1 | AMENDMENT TO SENATE BILL 1238
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2 | AMENDMENT NO. ______. Amend Senate Bill 1238 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 1. Short title. This Act may be cited as the Gun | ||||||
5 | Safety and Responsibility Act.
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6 | Section 5. Legislative findings; purpose and intent. The | ||||||
7 | General Assembly hereby finds and declares: | ||||||
8 | (a) Gun violence takes an extraordinary toll on families | ||||||
9 | and communities in Illinois. In 2010, over 1,000 individuals | ||||||
10 | died from firearm-related injuries in Illinois. In that same | ||||||
11 | year, incidents of gun murders, gun suicides, and unintentional | ||||||
12 | shootings in Illinois killed 142 children and adolescents ages | ||||||
13 | 19 and younger. | ||||||
14 | (b) Existing federal firearm laws have proven insufficient | ||||||
15 | to prevent dangerous individuals from obtaining firearms and | ||||||
16 | from carrying those firearms into, and using those firearms in, |
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1 | public places. | ||||||
2 | (c) The federal Brady Handgun Violence Prevention Act | ||||||
3 | allows unlicensed private sellers of firearms, who account for | ||||||
4 | 40% of firearms sold in the United States, to sell firearms | ||||||
5 | without performing a background check on the prospective | ||||||
6 | purchaser. Federal law does not require sellers to report sales | ||||||
7 | of firearms to law enforcement. In fact, federal law does not | ||||||
8 | even allow the FBI to maintain records of approved gun | ||||||
9 | purchasers for more than 24 hours. Federal law also provides no | ||||||
10 | comprehensive system of firearms registration, and does not | ||||||
11 | require firearm owners to report to law enforcement if their | ||||||
12 | firearms are lost or stolen. | ||||||
13 | (d) Background checks performed by licensed dealers have | ||||||
14 | proven to be extremely effective at keeping guns out of the | ||||||
15 | hands of prohibited persons. Since the federal background check | ||||||
16 | requirement was adopted in 1994, over 1.9 million criminals and | ||||||
17 | other prohibited persons across the United States have been | ||||||
18 | prohibited from buying guns. In 2010 alone, 70,972 gun | ||||||
19 | transfers were denied using the federal background check | ||||||
20 | system. Nevertheless, individuals prohibited by law from | ||||||
21 | possessing guns can easily obtain them from private sellers. | ||||||
22 | Universal background checks will help ensure that persons | ||||||
23 | buying guns are legally eligible to do so. | ||||||
24 | (e) Firearm registration laws, which require individuals | ||||||
25 | to record their ownership or possession of a firearm with a | ||||||
26 | designated law enforcement agency, and laws requiring sellers |
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1 | to report firearm sales to a centralized database help law | ||||||
2 | enforcement quickly and reliably "trace" (identify the source | ||||||
3 | of) firearms recovered from crime scenes, and retrieve firearms | ||||||
4 | from persons who have become legally prohibited from possessing | ||||||
5 | them through criminal convictions or other prohibitions. These | ||||||
6 | laws also discourage illegal firearm sales by creating | ||||||
7 | accountability for gun owners, and help law enforcement return | ||||||
8 | lost or stolen firearms to their rightful owners. Furthermore, | ||||||
9 | information generated by firearm sales reporting and | ||||||
10 | registration systems helps protect law enforcement officers | ||||||
11 | responding to an incident by providing them with information | ||||||
12 | about firearms that may be present at the scene. | ||||||
13 | (f) States with some form of both registration and | ||||||
14 | licensing systems have greater success keeping firearms from | ||||||
15 | being recovered in crimes than states without those systems in | ||||||
16 | place. Illinois currently has a licensing system through the | ||||||
17 | Firearm Owners Identification Card Act, but no system of | ||||||
18 | firearms registration. | ||||||
19 | (g) Laws requiring the reporting of lost or stolen firearms | ||||||
20 | are beneficial to law enforcement because they: (1) help deter | ||||||
21 | and prosecute gun traffickers and criminals who often falsely | ||||||
22 | claim that a crime gun that has been traced to them was lost or | ||||||
23 | stolen in order to hide their involvement in the crime; (2) | ||||||
24 | help disarm persons ineligible to possess firearms by deterring | ||||||
25 | a person who has fallen into a prohibited category from falsely | ||||||
26 | claiming that his or her firearm was lost or stolen; and (3) |
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1 | help return lost or stolen firearms to their owners. Reporting | ||||||
2 | laws also make gun owners more accountable for their weapons. | ||||||
3 | (h) Firearms carried or possessed in public places increase | ||||||
4 | the risk of deaths and injuries by increasing the chances that | ||||||
5 | firearms will be used to settle disputes, and by increasing the | ||||||
6 | risk of an accidental shooting at a place where large numbers | ||||||
7 | of people are gathered. The carrying or possession of firearms | ||||||
8 | in public places also increases the risk that those firearms | ||||||
9 | will be lost or stolen, and end up in the hands of criminals or | ||||||
10 | other persons ineligible to possess firearms. | ||||||
11 | (i) Flawed application processes in existing state systems | ||||||
12 | for licensing individuals to carry concealed weapons ("CCW | ||||||
13 | laws") have allowed numerous persons prohibited from | ||||||
14 | possessing firearms to receive CCW permits. Analyses have found | ||||||
15 | that numerous criminals (including rapists, armed robbers, | ||||||
16 | individuals who had pleaded guilty or no contest to felonies, | ||||||
17 | individuals with outstanding warrants, people with active | ||||||
18 | domestic violence injunctions against them, and 6 registered | ||||||
19 | sex offenders) had been issued CCW licenses under other states' | ||||||
20 | permissive laws. | ||||||
21 | (j) Research has shown that individuals issued CCW permits | ||||||
22 | include not only people who have committed violent crimes in | ||||||
23 | the past, but also those who subsequently commit violent | ||||||
24 | crimes. One study found that Texas CCW permit holders were | ||||||
25 | arrested for weapons-related crimes at a rate 81% higher than | ||||||
26 | that of the state's general adult population. According to the |
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1 | Violence Policy Center (VPC), between May 2007 and November | ||||||
2 | 2012, individuals licensed to carry concealed weapons ("CCW | ||||||
3 | permit holders") killed at least 14 law enforcement officers | ||||||
4 | and 485 private citizens (including 35 shooters who killed | ||||||
5 | themselves after an attack). | ||||||
6 | (k) On December 11, 2012, the Seventh Circuit Court of | ||||||
7 | Appeals in Moore v. Madigan, upheld a challenge to the Illinois | ||||||
8 | law prohibiting the carrying of handguns, either openly or | ||||||
9 | concealed in public places. The Seventh Circuit reversed and | ||||||
10 | remanded the lower court's dismissal of the challenge but | ||||||
11 | stayed the mandate for 180 days to allow the General Assembly | ||||||
12 | to remedy the violation by enacting a new law. Moore v. | ||||||
13 | Madigan, 702 F.3d 933 (7th Cir. Ill. 2012). | ||||||
14 | (l) The Seventh Circuit's opinion in Moore suggested that | ||||||
15 | Illinois adopt a discretionary concealed carry licensing law. | ||||||
16 | The court explained that since Illinois "is not a state with a | ||||||
17 | strong pro-gun culture, unlike the states that began allowing | ||||||
18 | concealed carriage before Heller and MacDonald [sic] enlarged | ||||||
19 | the scope of Second Amendment rights", a discretionary law | ||||||
20 | would be more appropriate for Illinois than a law with only | ||||||
21 | "minimal permit restrictions on carriage of guns outside the | ||||||
22 | home". (emphasis in original). Additionally, the court | ||||||
23 | endorsed a requirement that concealed carry licensing | ||||||
24 | applicants demonstrate that they have experience using, and can | ||||||
25 | safely handle, a firearm. The court also spoke approvingly of | ||||||
26 | state legislation that would allow private property owners to |
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1 | prohibit firearms, including concealed weapons, on their | ||||||
2 | property. | ||||||
3 | (m) The Seventh Circuit's opinion in Moore favorably cited | ||||||
4 | Kachalsky v. County of Westchester, 701 F.3d 81 (2d Cir. N.Y. | ||||||
5 | 2012), a recent opinion of the Second Circuit Court of Appeals, | ||||||
6 | which upheld New York's law restricting the carrying of | ||||||
7 | firearms in public. New York's law gives the local issuing | ||||||
8 | authority considerable discretion in deciding whether to issue | ||||||
9 | a license, and has been interpreted to require an applicant for | ||||||
10 | an unrestricted license to demonstrate "a special need for | ||||||
11 | self-protection distinguishable from that of the general | ||||||
12 | community". By favorably citing the Second Circuit's opinion in | ||||||
13 | Kachalsky, the Seventh Circuit in Moore indicated that it | ||||||
14 | agreed that New York's requirements are consistent with the | ||||||
15 | Second Amendment. | ||||||
16 | (n) Federal regulation of firearms dealers and ammunition | ||||||
17 | sellers is currently inadequate to protect public safety. | ||||||
18 | Although federal law requires firearms dealers to obtain a | ||||||
19 | license from the Bureau of Alcohol, Tobacco, Firearms and | ||||||
20 | Explosives ("ATF"), ATF does not have the resources or | ||||||
21 | authority to properly oversee the more than 60,000 firearms | ||||||
22 | dealers, manufacturers, collectors and others that it | ||||||
23 | licenses. ATF reported in 2007 that it inspects each licensee, | ||||||
24 | on average, only once every 17 years. Between 1975 and 2005, | ||||||
25 | ATF revoked, on average, fewer than 20 federal firearms | ||||||
26 | licenses per year. The Office of the Inspector General has |
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1 | concluded that inspections by ATF are not fully effective for | ||||||
2 | ensuring that licensees comply with federal firearms laws. | ||||||
3 | (o) Federally-licensed firearm dealers ("FFLs") are a | ||||||
4 | major source of trafficked firearms. In June of 2000, ATF | ||||||
5 | issued a comprehensive report of firearms trafficking in this | ||||||
6 | country. That report analyzed 1,530 trafficking investigations | ||||||
7 | during the period July 1996 through December 1998, involving | ||||||
8 | more than 84,000 diverted firearms. ATF found that FFLs were | ||||||
9 | associated with the largest number of trafficked guns (over | ||||||
10 | 40,000) and concluded that "FFLs' access to large numbers of | ||||||
11 | firearms makes them a particular threat to public safety when | ||||||
12 | they fail to comply with the law." In 1998, ATF found that 56% | ||||||
13 | of randomly inspected dealers and 30% of pawnbrokers selling 50 | ||||||
14 | or more guns had violated federal firearms law. In addition, | ||||||
15 | during fiscal year 2007, ATF found over 30,000 firearms missing | ||||||
16 | from licensees' inventories with no record of sale. | ||||||
17 | (p) According to a 1998 ATF random sample of FFLs | ||||||
18 | nationwide, 56% of firearms dealers operated out of their | ||||||
19 | homes, and 33% were located in businesses that are not usually | ||||||
20 | associated with gun sales, such as funeral homes or auto parts | ||||||
21 | stores. | ||||||
22 | (q) ATF faces numerous obstacles that limit its ability to | ||||||
23 | enforce the law; for example, ATF may conduct only one | ||||||
24 | unannounced inspection of each FFL per year, the burden of | ||||||
25 | proof for ATF's prosecution and revocation of licenses is | ||||||
26 | extremely high, serious violations of federal firearms law are |
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1 | classified as misdemeanors rather than felonies, and ATF has | ||||||
2 | historically been grossly understaffed. | ||||||
3 | (r) Federal law is silent regarding many important aspects | ||||||
4 | of firearms dealers' and ammunition sellers' businesses. Among | ||||||
5 | other things, federal law does not require these businesses to: | ||||||
6 | (1) conduct employee background checks; (2) implement security | ||||||
7 | requirements to prevent thefts; or (3) refrain from operating | ||||||
8 | in residential neighborhoods or near schools, daycare centers | ||||||
9 | or parks. | ||||||
10 | (s) It is the purpose and intent of the General Assembly to | ||||||
11 | strengthen Illinois' firearm laws by requiring firearm | ||||||
12 | purchasers to be subject to a background check, by requiring | ||||||
13 | firearms dealers and ammunition sellers to obtain a State | ||||||
14 | license and report gun sales, by enacting a comprehensive | ||||||
15 | system of firearm registration, by requiring the State Police | ||||||
16 | to maintain records of gun sales, by requiring gun owners to | ||||||
17 | report any lost or stolen firearms, and by restricting the | ||||||
18 | carrying of firearms in public places in the State in | ||||||
19 | compliance with the Seventh Circuit's opinion in Moore. The | ||||||
20 | General Assembly believes that these restrictions will help to | ||||||
21 | keep guns out of the hands of felons, domestic abusers, the | ||||||
22 | mentally ill, and other prohibited persons, will discourage | ||||||
23 | illegal gun sales and gun trafficking, and will help law | ||||||
24 | enforcement solve gun crimes. The General Assembly further | ||||||
25 | believes it is necessary to restrict the carrying of firearms | ||||||
26 | in public places to individuals who have demonstrated a |
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1 | particularized need to carry a firearm in public because they | ||||||
2 | are exposed to unusual personal danger, distinct from other | ||||||
3 | members of the community. The General Assembly further believes | ||||||
4 | that individuals who are licensed to carry a concealed firearm | ||||||
5 | in public should first undergo extensive safety training, and a | ||||||
6 | comprehensive background check. The General Assembly believes | ||||||
7 | these restrictions will help to reduce gun deaths and injuries | ||||||
8 | and increase public safety.
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9 | Section 10. Definitions. As used in Sections 1 through 80 | ||||||
10 | of this Act: | ||||||
11 | "Applicant" means a person who is applying for a license to | ||||||
12 | carry a concealed firearm under this Act. | ||||||
13 | "Concealed firearm" means a loaded or unloaded handgun | ||||||
14 | carried on or about a person entirely hidden from view of the | ||||||
15 | public, or carried in a vehicle in such a way as it is entirely | ||||||
16 | hidden from view of the public. | ||||||
17 | "Department" means the Department of State Police. | ||||||
18 | "Director" means the Director of State Police. | ||||||
19 | "Handgun" means any device which is designed to expel a | ||||||
20 | projectile or projectiles by the action of an explosion, | ||||||
21 | expansion of gas, or escape of gas that is designed to be held | ||||||
22 | and fired by the use of a single hand, and includes a | ||||||
23 | combination of parts from which the firearm can be assembled. | ||||||
24 | "Handgun" does not include a stun gun or taser. | ||||||
25 | "License" means a license issued by the Department of State |
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1 | Police to carry a loaded or unloaded concealed firearm. | ||||||
2 | "Licensee" means a person issued a license to carry a | ||||||
3 | concealed firearm. | ||||||
4 | "Peace officer" means (1) any person who by virtue of his | ||||||
5 | or her office or public employment is vested by law with a duty | ||||||
6 | to maintain public order or to make arrests for offenses, | ||||||
7 | whether that duty extends to any offenses or is limited to | ||||||
8 | specific offenses, or (2) any person who, by statute, is | ||||||
9 | granted and authorized to exercise powers similar to those | ||||||
10 | conferred upon any peace officer employed by a law enforcement | ||||||
11 | agency of this State. | ||||||
12 | "Particularized need" means that the applicant is exposed | ||||||
13 | to unusual personal danger, distinct from other members of the | ||||||
14 | community. | ||||||
15 | "Superintendent" means the Superintendent of Police for | ||||||
16 | the City of Chicago.
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17 | Section 15. Issuance of licenses to carry a concealed | ||||||
18 | firearm. | ||||||
19 | (a) A licensee shall possess a license any time the | ||||||
20 | licensee carries a concealed firearm except: | ||||||
21 | (1) if the person is carrying or possessing a concealed | ||||||
22 | firearm and the person is on his or her land or in his or | ||||||
23 | her abode or legal dwelling or in the abode or legal | ||||||
24 | dwelling of another adult as an invitee with that adult's | ||||||
25 | express permission to carry a concealed firearm; |
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1 | (2) if the person is authorized to carry a firearm | ||||||
2 | under Section 24-2 of the Criminal Code of 2012; or | ||||||
3 | (3) the firearm is broken down in a non-functioning | ||||||
4 | state, is not immediately accessible, or is unloaded and | ||||||
5 | enclosed in a firearm case, carrying box, shipping box, or | ||||||
6 | other similar portable container designed for the safe | ||||||
7 | transportation of firearms. | ||||||
8 | (a-5) A licensee shall display the license upon the request | ||||||
9 | of a peace officer or person designated to enforce the | ||||||
10 | provisions of Section 55. | ||||||
11 | (b) The Department shall make applications for a license | ||||||
12 | available no later than 180 days after the date specified in | ||||||
13 | subsection (g). Applications shall be available at Department | ||||||
14 | locations, sheriff offices, Chicago Police Headquarters, on | ||||||
15 | the Department's official website, and any other location | ||||||
16 | designated by the Department. | ||||||
17 | (c) A completed application for a license shall be | ||||||
18 | submitted to the office of the sheriff of the county in which | ||||||
19 | the applicant resides with any accompanying materials and fees, | ||||||
20 | unless the applicant resides in the City of Chicago, in which | ||||||
21 | case the application shall be submitted to the Superintendent | ||||||
22 | of Police. The applicant shall verify the contents of the | ||||||
23 | application by oath or affirmation in writing before an officer | ||||||
24 | authorized by the sheriff or Superintendent. The sheriff or | ||||||
25 | Superintendent shall review the application and shall promptly | ||||||
26 | return an incomplete application to the applicant. Each |
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1 | applicant for a license or renewal of a license under this Act | ||||||
2 | shall pay at the time of application a fee to the Department in | ||||||
3 | an amount set by the Department, and a fee to the sheriff or | ||||||
4 | Superintendent in an amount set by the sheriff or | ||||||
5 | Superintendent. | ||||||
6 | (d) A sheriff or the Superintendent may submit a | ||||||
7 | recommendation for approval of an application to the | ||||||
8 | Department, if the applicant is an eligible individual under | ||||||
9 | Section 20 who has sufficiently demonstrated, in the judgment | ||||||
10 | of the sheriff or Superintendent, that: | ||||||
11 | (1) he or she has a particularized need for the | ||||||
12 | license; | ||||||
13 | (2) he or she is a responsible person; and | ||||||
14 | (3) the issuance of a license is in the public's | ||||||
15 | interest. | ||||||
16 | If the application is approved, the sheriff or | ||||||
17 | Superintendent shall submit the application, any accompanying | ||||||
18 | materials, and the application fee to the Department within 30 | ||||||
19 | days of receipt, unless good cause exists to extend this time | ||||||
20 | period. Upon request of a municipal law enforcement agency, the | ||||||
21 | sheriff shall notify the department of the name, address, and | ||||||
22 | date of birth of any person submitting an application for a | ||||||
23 | license. The municipal police department may submit to the | ||||||
24 | sheriff information deemed to be relevant to the application, | ||||||
25 | and the sheriff may consider the information when determining | ||||||
26 | whether to submit an objection. If the applicant is found by a |
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1 | sheriff or Superintendent to be ineligible, the sheriff or | ||||||
2 | Superintendent shall deny the application and notify the | ||||||
3 | applicant in writing, stating the grounds for denial. The | ||||||
4 | notice of denial must inform the applicant that he or she may, | ||||||
5 | within 30 days, appeal the denial. Upon receiving an appeal, | ||||||
6 | the sheriff or Superintendent shall reconsider its decision and | ||||||
7 | inform the applicant within 30 days of the result of the | ||||||
8 | reconsideration. If upon reconsideration the sheriff or | ||||||
9 | Superintendent denies the application, the applicant must be | ||||||
10 | informed of the right to administrative review. | ||||||
11 | (e) Once the Department has received a recommendation for | ||||||
12 | approval from the sheriff or Superintendent, the Department | ||||||
13 | shall consider whether the applicant is eligible for a license | ||||||
14 | under Section 20, and whether, in the judgment of the | ||||||
15 | Department, the applicant meets the qualifications of | ||||||
16 | subsection (d) of this Section. The Department may issue a | ||||||
17 | license to an applicant who meets these requirements and has | ||||||
18 | obtained the approval of the sheriff or Superintendent. If the | ||||||
19 | applicant is found by the Department to be ineligible, the | ||||||
20 | Department shall follow the procedures set forth in subsection | ||||||
21 | (d) for reconsideration of the application. | ||||||
22 | (f) The license shall be issued or denied by the Department | ||||||
23 | within 3 months of receipt of a completed application from a | ||||||
24 | sheriff or the Superintendent, unless good cause exists to | ||||||
25 | extend this time period. A license shall be valid throughout | ||||||
26 | the State for a period of 2 years. |
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1 | (g) Notwithstanding the other provisions of this Act, no | ||||||
2 | license shall be issued under this Act unless and until the | ||||||
3 | Department has reported any persons prohibited from possessing | ||||||
4 | a firearm to the National Instant Criminal Background Check | ||||||
5 | System, Denied Persons Files, in accordance with Public Act | ||||||
6 | 95-564. | ||||||
7 | (h) Fees authorized by this Act shall be set in amounts | ||||||
8 | sufficient to cover the costs of administering and enforcing | ||||||
9 | this Act, and may be increased at any time as necessary to | ||||||
10 | cover these costs. | ||||||
11 | (i) The Department shall adopt rules to implement the | ||||||
12 | provisions of this Section.
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13 | Section 20. Eligibility of an applicant for a license. The | ||||||
14 | Department shall not issue a license to an applicant completing | ||||||
15 | an application in accordance with Section 25 of this Act unless | ||||||
16 | the person has demonstrated that he or she: | ||||||
17 | (1) is at least 21 years of age; | ||||||
18 | (2) has a valid Firearm Owner's Identification Card; | ||||||
19 | (3) has been a resident of this State for at least the | ||||||
20 | previous 30 days; | ||||||
21 | (4) has not, in this State or any other state, been | ||||||
22 | convicted of, pled guilty to, or entered a plea of nolo | ||||||
23 | contendere for: (A) a felony, (B) a misdemeanor involving the | ||||||
24 | use or threat of physical force or violence to any person, (C) | ||||||
25 | a misdemeanor involving the use, possession, or distribution of |
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1 | a controlled substance or cannabis within the 10 years | ||||||
2 | preceding the date of the application, or (D) a misdemeanor | ||||||
3 | involving the manufacture, sale, carrying, possession, or use | ||||||
4 | of a firearm or dangerous or deadly weapon or ammunition; | ||||||
5 | (5) has not been adjudicated a delinquent minor under the | ||||||
6 | Juvenile Court Act of 1987 or a similar law in another | ||||||
7 | jurisdiction, for an offense which, if committed by an adult, | ||||||
8 | would disqualify the adult for a license under this Section; | ||||||
9 | (6) has not, within the preceding 5 years, been subject to | ||||||
10 | an order of protection, or 2 or more emergency orders of | ||||||
11 | protection, under Section 112A-14 of the Code of Criminal | ||||||
12 | Procedure of 1963 or under Section 214 of the Illinois Domestic | ||||||
13 | Violence Act of 1986, or any similar law in another | ||||||
14 | jurisdiction;
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15 | (7) has not been a patient in a mental institution within | ||||||
16 | the past 5 years, has not been adjudicated as having a mental | ||||||
17 | defect, or is not intellectually disabled; | ||||||
18 | (8) is not free on any form of bond or pretrial release, | ||||||
19 | other than for a traffic offense, and has no outstanding | ||||||
20 | warrants in this State or any other state; | ||||||
21 | (9) does not chronically and habitually abuse alcoholic | ||||||
22 | beverages as evidenced by the applicant having 2 or more | ||||||
23 | convictions for violating Section 11-501 of the Illinois | ||||||
24 | Vehicle Code or similar provision of a local ordinance or | ||||||
25 | another state's law within 5 years preceding the date of the | ||||||
26 | application, or if the applicant has elected treatment under |
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1 | the supervision of a licensed program in accordance with the | ||||||
2 | Alcoholism and Other Drug Abuse and Dependency Act or similar | ||||||
3 | laws of any other state, within 5 years preceding the date of | ||||||
4 | the application;
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5 | (10) has completed firearms training and any educational | ||||||
6 | component required in Section 70 of this Act; and | ||||||
7 | (11) possesses the same powers of eyesight as required for | ||||||
8 | a driver's license under Section 6-109 of the Illinois Vehicle | ||||||
9 | Code.
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10 | Section 25. Contents of application. | ||||||
11 | (a) The application shall be in writing, under oath and | ||||||
12 | penalty of perjury, on a standard form adopted by the | ||||||
13 | Department and shall be accompanied by the documentation | ||||||
14 | required in this Section and any applicable fees.
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15 | (b) The application shall contain the following | ||||||
16 | information: | ||||||
17 | (1) the applicant's name, current address, home and | ||||||
18 | business telephone numbers, and cell phone number, if any, | ||||||
19 | gender, date and year of birth, place of birth, height, | ||||||
20 | weight, hair color, eye color, maiden name or any other | ||||||
21 | name the applicant has used or identified with, and any | ||||||
22 | address at which the applicant resided for more than 30 | ||||||
23 | days within the 5 years preceding the date of the | ||||||
24 | application; | ||||||
25 | (2) the present business or occupation and any business |
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1 | or occupation in which the applicant has engaged during the | ||||||
2 | 5-year period immediately preceding the application and | ||||||
3 | the addresses of those businesses or places of employment; | ||||||
4 | (3) the applicant's driver's license or State | ||||||
5 | identification card number and the last 4 digits of the | ||||||
6 | applicant's social security number; | ||||||
7 | (4) the marital status of the applicant; | ||||||
8 | (5) the names and last known addresses of the | ||||||
9 | applicant's spouse and any former spouses, children, | ||||||
10 | stepchildren, and foster children, current household | ||||||
11 | members and household members during the preceding 5 years: | ||||||
12 | (6) questions to certify or demonstrate the applicant | ||||||
13 | has completed firearms training and any educational | ||||||
14 | component required in Section 70 of this Act; | ||||||
15 | (7) proof that the applicant is a resident of this | ||||||
16 | State and has been for at least the previous 30 days; | ||||||
17 | (8) whether the federal government or a governmental | ||||||
18 | entity in any state or subdivision of any state has denied | ||||||
19 | or revoked the applicant's license, permit, registration, | ||||||
20 | or certificate pertaining to any firearm and if so, the | ||||||
21 | jurisdiction, the identifying number of the license, | ||||||
22 | permit, registration, or certificate, the reason, and the | ||||||
23 | date; | ||||||
24 | (9) whether the applicant has failed a drug test within | ||||||
25 | the preceding 5 years and if so, the provider of the test, | ||||||
26 | the specific substance involved, and date of the test; |
| |||||||
| |||||||
1 | (10) whether the applicant has ever been prohibited by | ||||||
2 | law from purchasing, possessing, or carrying a firearm and | ||||||
3 | if so, the jurisdiction, the date, and the reason for the | ||||||
4 | prohibition; | ||||||
5 | (11) whether the applicant has been suspended or | ||||||
6 | expelled from a postsecondary educational institution, | ||||||
7 | such as a college or university, because of suspected | ||||||
8 | mental illness or violent behavior, and if so, the name of | ||||||
9 | the school, the date, and the reason for the suspension or | ||||||
10 | expulsion; | ||||||
11 | (12) a description of any incident in which the | ||||||
12 | applicant threatened, injured or killed any person, if a | ||||||
13 | firearm was involved or the incident occurred during the | ||||||
14 | preceding 5 years and the police were involved, including, | ||||||
15 | for each incident, the date, place, time, circumstances, | ||||||
16 | and the names of the persons and police agencies involved, | ||||||
17 | if any; | ||||||
18 | (13) a waiver of privacy and confidentiality rights and | ||||||
19 | privileges enjoyed by the applicant under any federal and | ||||||
20 | State laws, including those governing access to juvenile | ||||||
21 | court, criminal justice, psychological or psychiatric | ||||||
22 | records, or records relating to the applicant's history of | ||||||
23 | institutionalization, and an affirmative request that any | ||||||
24 | person having custody of the record provide it or | ||||||
25 | information concerning it to the Department; | ||||||
26 | (14) a conspicuous warning that false statements made |
| |||||||
| |||||||
1 | by the applicant will result in prosecution for perjury in | ||||||
2 | accordance with Section 32-2 of the Criminal Code of 2012; | ||||||
3 | (15) an affirmation that the applicant possesses a | ||||||
4 | currently valid Firearm Owner's Identification Card; | ||||||
5 | (16) an affirmation that the applicant has never been | ||||||
6 | convicted in this State or any other state of (A) a felony, | ||||||
7 | (B) a misdemeanor involving the use or threat of physical | ||||||
8 | force or violence to any person, (C) a misdemeanor | ||||||
9 | involving the use, possession, or distribution of a | ||||||
10 | controlled substance or cannabis within the 10 years | ||||||
11 | preceding the date of the application, or (D) a misdemeanor | ||||||
12 | involving the manufacture, sale, carrying, possession or | ||||||
13 | use of a firearm or dangerous or deadly weapon or | ||||||
14 | ammunition; | ||||||
15 | (17) an explanation of the applicant's particularized | ||||||
16 | need for and intended use of the firearm, including | ||||||
17 | descriptions of any incident in which the applicant has | ||||||
18 | been threatened or injured, or copies of police reports or | ||||||
19 | restraining orders, if applicable; | ||||||
20 | (18) the make, model, manufacturer's name, caliber or | ||||||
21 | gauge, and serial number of each firearm to be carried | ||||||
22 | under the license; | ||||||
23 | (19) written agreement that, if the person is | ||||||
24 | approached by a peace officer while carrying a concealed | ||||||
25 | firearm under the license, the person will immediately | ||||||
26 | inform the officer that he or she is in possession of a |
| |||||||
| |||||||
1 | firearm and a license to carry a concealed firearm, and | ||||||
2 | will submit to a pat down search and allow the officer to | ||||||
3 | take possession of the firearm for the duration of the | ||||||
4 | encounter; | ||||||
5 | (20) written consent to submit to one or more field | ||||||
6 | sobriety or chemical tests to determine the presence of | ||||||
7 | alcohol or drugs, at any point when the person is carrying | ||||||
8 | a concealed firearm and the person is approached by a peace | ||||||
9 | officer who has a reasonable suspicion that the person is | ||||||
10 | under the influence of alcohol or a controlled substance; | ||||||
11 | (21) proof that the applicant possesses the same powers | ||||||
12 | of eyesight as required for a driver's license under | ||||||
13 | Section 6-109 of the Illinois Vehicle Code. If an applicant | ||||||
14 | does not possess a current Illinois driver's license, the | ||||||
15 | applicant may present a current optometrist's or | ||||||
16 | ophthalmologist's statement certifying the vision reading | ||||||
17 | obtained from the applicant; and | ||||||
18 | (22) any other information that the sheriff, | ||||||
19 | Superintendent, or the Department finds necessary to | ||||||
20 | process an application. | ||||||
21 | (c) A person applying for a license shall provide a head | ||||||
22 | and shoulder color photograph in a size specified by the | ||||||
23 | Department that was taken within the 30 days preceding the date | ||||||
24 | of the application. The applicant shall consent to both the | ||||||
25 | sheriff or Superintendent and the Department reviewing and | ||||||
26 | using the applicant's digital driver's license or Illinois |
| |||||||
| |||||||
1 | Identification photograph and signature, if available. The | ||||||
2 | Secretary of State shall allow the sheriff or Superintendent | ||||||
3 | and the Department access to the photograph and signature for | ||||||
4 | the purpose of identifying the applicant and issuing to the | ||||||
5 | applicant a license. | ||||||
6 | (d) A person applying for a license shall submit with an | ||||||
7 | application a full set of legible fingerprints. Fingerprinting | ||||||
8 | may be administered by the Department or any other federal, | ||||||
9 | State, county, or municipal law enforcement agency. The cost of | ||||||
10 | fingerprinting shall be paid by the applicant. The Department | ||||||
11 | shall accept a hard copy or electronic version of fingerprints. | ||||||
12 | (e) A person applying for a license shall submit a | ||||||
13 | photocopy of a certificate or other evidence of completion of a | ||||||
14 | course to show compliance with Section 70 of this Act. | ||||||
15 | (f) The Department is authorized to establish a system for | ||||||
16 | electronically submitting applications, including applications | ||||||
17 | for renewal or a replacement license.
| ||||||
18 | Section 30. Investigation of applicant. | ||||||
19 | (a) The sheriff, or if the applicant resides in the City of | ||||||
20 | Chicago, the Superintendent of Police, shall complete a | ||||||
21 | background check on an applicant for a license to carry a | ||||||
22 | concealed firearm to ensure compliance with the requirements of | ||||||
23 | this Act and any federal, State, and local laws. The background | ||||||
24 | check shall include a search of the following: | ||||||
25 | (1) the National Instant Criminal Background Check |
| |||||||
| |||||||
1 | System of the Federal Bureau of Investigation; | ||||||
2 | (2) any available State and local criminal history | ||||||
3 | record information files, including records of juvenile | ||||||
4 | adjudications; | ||||||
5 | (3) any available federal, State, and local records | ||||||
6 | regarding wanted persons;
| ||||||
7 | (4) any available federal, State, and local records of | ||||||
8 | domestic violence restraining and protective orders; | ||||||
9 | (5) any available federal, State, and local records | ||||||
10 | identifying persons who are unlawful users of or addicted | ||||||
11 | to any controlled substance (as defined in Section 802 of | ||||||
12 | Title 21 of the United States Code); | ||||||
13 | (6) the files of the Department of Human Services | ||||||
14 | relating to mental health and developmental disabilities; | ||||||
15 | and | ||||||
16 | (7) any other available files of any federal, State, | ||||||
17 | local agency, and other entity (private or public) in any | ||||||
18 | jurisdiction likely to contain information relevant to | ||||||
19 | whether the applicant is prohibited from purchasing or | ||||||
20 | possessing a firearm under federal, State, or local law. | ||||||
21 | (b) As part of its investigation, the sheriff, | ||||||
22 | Superintendent, or Department may, at its discretion, conduct | ||||||
23 | interviews of the applicant, any of the applicant's current or | ||||||
24 | former family or household members, co-workers, employers, | ||||||
25 | neighbors, the character references as listed on the | ||||||
26 | application, and any other member of the public who may have |
| |||||||
| |||||||
1 | information relevant to the application. | ||||||
2 | (c) In addition to the above, the sheriff, Superintendent, | ||||||
3 | or Department may, at its discretion, require the applicant, at | ||||||
4 | the applicant's expense, to undergo a mental health examination | ||||||
5 | by a licensed psychiatrist or psychologist or any other tests, | ||||||
6 | interviews, or examinations that it believes appropriate.
| ||||||
7 | Section 35. Database of applicants and licensees. | ||||||
8 | (a) The Department shall maintain a database of applicants | ||||||
9 | for a license and licenses. The database shall be available to | ||||||
10 | any law enforcement agencies, State's Attorneys, and the | ||||||
11 | Attorney General. Members and staff of the judiciary may access | ||||||
12 | the database for the purpose of determining whether to | ||||||
13 | confiscate a license or to ensure compliance with this Act or | ||||||
14 | any other law. The database shall be searchable and provide any | ||||||
15 | information included in the application, a photograph of the | ||||||
16 | applicant or licensee, and any information related to | ||||||
17 | violations of this Act. Individual law enforcement agencies | ||||||
18 | shall not maintain a separate, searchable database of | ||||||
19 | applicants and licensees containing information included in | ||||||
20 | the database. | ||||||
21 | (b) The Department shall make available on its website | ||||||
22 | statistical information about the number of licenses issued by | ||||||
23 | county, age, race, or gender. The Department shall also make | ||||||
24 | available on its website and upon request information about the | ||||||
25 | number of arrests and convictions and the types of crimes |
| |||||||
| |||||||
1 | committed since the last report by licensees. The report shall | ||||||
2 | be updated quarterly. Except as provided in this subsection, | ||||||
3 | applications and information in the database shall be | ||||||
4 | confidential and exempt from disclosure under the Freedom of | ||||||
5 | Information Act. The sheriff, Superintendent, or Department | ||||||
6 | may answer requests to confirm or deny whether a person has | ||||||
7 | been issued a license as part of inquiries dealing with a | ||||||
8 | criminal investigation, and may disclose the existence of an | ||||||
9 | application as necessary to conduct the interviews authorized | ||||||
10 | by subsection (b) of Section 30. No law enforcement agency, | ||||||
11 | State's Attorney, or member or staff of the judiciary, other | ||||||
12 | than the Department, shall provide any information to a | ||||||
13 | requester not entitled to it by law, except as provided in this | ||||||
14 | subsection.
| ||||||
15 | Section 40. Suspension or revocation of a license. | ||||||
16 | (a) A license issued or renewed under this Act shall be | ||||||
17 | revoked if, at any time, the licensee is found ineligible for a | ||||||
18 | license based on the criteria set forth in Section 20 of this | ||||||
19 | Act or the licensee no longer possesses a Firearm Owner's | ||||||
20 | Identification Card. This subsection does not apply to a person | ||||||
21 | who has filed an application with the State Police for renewal | ||||||
22 | of a Firearm Owner's Identification Card and who is not | ||||||
23 | otherwise ineligible to obtain a Firearm Owner's | ||||||
24 | Identification Card. | ||||||
25 | (b) A license shall be revoked if an order of protection |
| |||||||
| |||||||
1 | under Section 112A-14 of the Code of Criminal Procedure of 1963 | ||||||
2 | or under Section 214 of the Illinois Domestic Violence Act of | ||||||
3 | 1986 is issued against a licensee, or if the Department is made | ||||||
4 | aware of a similar order issued against the licensee in any | ||||||
5 | other jurisdiction. If an order of protection is issued against | ||||||
6 | a licensee, the licensee shall surrender the license, as | ||||||
7 | applicable, to the court at the time the order is entered or to | ||||||
8 | the law enforcement agency or entity designated to serve | ||||||
9 | process at the time the licensee is served the order. The | ||||||
10 | court, law enforcement agency, or entity responsible for | ||||||
11 | serving the order shall transmit the license to the Department. | ||||||
12 | (c) The Department may temporarily or permanently suspend a | ||||||
13 | license for a violation of Section 55 of this Act in accordance | ||||||
14 | with subsection (g) of Section 55. | ||||||
15 | (d) A license shall be invalid upon expiration of the | ||||||
16 | license, unless the licensee has submitted an application to | ||||||
17 | renew the license. A person who fails to renew his or her | ||||||
18 | application within 30 days after its expiration must reapply | ||||||
19 | for a new license and pay the fee for a new application. | ||||||
20 | (e) The Department may suspend a license if a licensee | ||||||
21 | fails to submit a change of address or name or fails to report | ||||||
22 | a lost or destroyed license to the Department within 30 days.
| ||||||
23 | Section 45. Renewal of license. | ||||||
24 | (a) Not later than 120 days before the expiration of any | ||||||
25 | license issued under this Act, the Department shall notify the |
| |||||||
| |||||||
1 | licensee in writing of the expiration and furnish an | ||||||
2 | application for renewal of the license or make the application | ||||||
3 | available on-line. | ||||||
4 | (b) Applications for renewal of a license shall be made to | ||||||
5 | the office of the sheriff of the county in which the applicant | ||||||
6 | resides with any accompanying materials and fees, unless the | ||||||
7 | applicant resides in the City of Chicago, in which case the | ||||||
8 | application shall be made to the Superintendent of Police. The | ||||||
9 | sheriff or Superintendent shall follow the procedures in | ||||||
10 | Section 15 for submittal of the renewal application and | ||||||
11 | accompanying materials to the Department. A license may be | ||||||
12 | renewed for a period of 2 years upon receipt of a completed | ||||||
13 | renewal application, renewal fees, and completion of an | ||||||
14 | investigation under Section 30. The renewal application shall | ||||||
15 | contain the information required in Section 25, except that the | ||||||
16 | applicant need not resubmit a full set of fingerprints. A | ||||||
17 | license holder must repeat the safety training and testing | ||||||
18 | requirements in Section 70 at least once every 4 years, and | ||||||
19 | more frequently at the discretion of the sheriff or | ||||||
20 | Superintendent.
| ||||||
21 | Section 50. Change of address, change of name, or lost or | ||||||
22 | destroyed licenses. | ||||||
23 | (a) The licensee shall notify the Department within 30 days | ||||||
24 | of moving or changing a residence or any change of name, and | ||||||
25 | upon the discovery of the loss or destruction of a license. |
| |||||||
| |||||||
1 | (b) If a licensee changes residence within this State or | ||||||
2 | changes his or her name, the licensee shall request a new | ||||||
3 | license. The licensee shall submit a fee in an amount set by | ||||||
4 | the Department, a notarized statement that the licensee has | ||||||
5 | changed residence or his or her name, and a photograph as | ||||||
6 | required in Section 25 of this Act. The statement must include | ||||||
7 | the prior and current address or name and the date the | ||||||
8 | applicant moved or changed his or her name. | ||||||
9 | (c) A lost or destroyed license shall be invalid. To | ||||||
10 | request a new license, the licensee shall submit (1) a fee in | ||||||
11 | an amount set by the Department, (2) a notarized statement that | ||||||
12 | the licensee no longer possesses the license and that it was | ||||||
13 | lost or destroyed, (3) a copy of a police report stating that | ||||||
14 | the license was lost, destroyed, or stolen, and (4) a | ||||||
15 | photograph as required in Section 25 of this Act.
| ||||||
16 | Section 55. Restrictions. | ||||||
17 | (a) No license issued under this Act shall authorize any | ||||||
18 | person to knowingly carry a concealed firearm into: | ||||||
19 | (1) Any building under the control of the Governor, | ||||||
20 | Lieutenant Governor, Attorney General, Secretary of State, | ||||||
21 | Comptroller, or Treasurer. | ||||||
22 | (2) Any building under control of the General Assembly | ||||||
23 | or any of its support service agencies, including the | ||||||
24 | portion of a building in which a committee of the General | ||||||
25 | Assembly convenes for the purpose of conducting meetings of |
| |||||||
| |||||||
1 | committees, joint committees, or legislative commissions. | ||||||
2 | (3) Any courthouse or building occupied in whole or in | ||||||
3 | part by the Circuit, Appellate, or Supreme Court or a room | ||||||
4 | designated as a courtroom for court proceedings by any of | ||||||
5 | these courts. | ||||||
6 | (4) Any meeting of the governing body of a unit of | ||||||
7 | local government or special district. | ||||||
8 | (5) Any place which is licensed to sell intoxicating | ||||||
9 | beverages. | ||||||
10 | (6) Any area of an airport to which access is | ||||||
11 | controlled by the inspection of persons and property. | ||||||
12 | (7) Any place where the carrying of a firearm is | ||||||
13 | prohibited by federal law. | ||||||
14 | (8) Any elementary or secondary school. | ||||||
15 | (9) Any portion of a building used as a child care | ||||||
16 | facility. Nothing in this Section shall prevent the | ||||||
17 | operator of a child care facility in a family home from | ||||||
18 | owning or possessing a firearm or license, so long as the | ||||||
19 | firearm is stored unloaded in a locked container. | ||||||
20 | (10) Any gaming facility licensed under the Riverboat | ||||||
21 | Gambling Act or the Illinois Horse Racing Act of 1975. | ||||||
22 | (11) Any gated area of an amusement park. | ||||||
23 | (12) Any stadium, arena, or collegiate or professional | ||||||
24 | sporting event. | ||||||
25 | (13) A hospital or mental health facility. | ||||||
26 | (14) A library without the written consent of the |
| |||||||
| |||||||
1 | library's governing body. The governing body shall inform | ||||||
2 | the appropriate law enforcement agency of the consent. | ||||||
3 | (15) Any police, sheriff, or State Police office or | ||||||
4 | station without the consent of the chief law enforcement | ||||||
5 | officer in charge of that office or station. | ||||||
6 | (16) Any adult or juvenile detention or correctional | ||||||
7 | institution, prison, or jail. | ||||||
8 | (17) Any polling place on any election day. | ||||||
9 | (18) Any street fair or festival, farmer's market, | ||||||
10 | carnival, concert, protest, parade or other temporary | ||||||
11 | special event, that is conducted primarily outdoors on | ||||||
12 | property open to the public, and that requires the issuance | ||||||
13 | of a permit from the city or county where it occurs, unless | ||||||
14 | the city or county specifically authorizes licensees to | ||||||
15 | carry concealed firearms at the event. | ||||||
16 | (19) Any private property without the express | ||||||
17 | permission of the owner, manager, operator, or individual | ||||||
18 | with the authority to control activities in that place at | ||||||
19 | that time. This provision shall apply to private property | ||||||
20 | of any kind, including private residences and places of | ||||||
21 | business, regardless of whether they are open or closed to | ||||||
22 | members of the public. | ||||||
23 | (20) Any building owned, leased, or controlled by a | ||||||
24 | municipality or any building or property owned, leased or | ||||||
25 | controlled by a school district unless authorized by a | ||||||
26 | majority vote of members of its governing board. Nothing in |
| |||||||
| |||||||
1 | this paragraph shall prohibit a licensee from carrying a | ||||||
2 | concealed firearm on any sidewalk, on any highway or | ||||||
3 | roadway, in any public restroom, or in the licensee's own | ||||||
4 | residence. | ||||||
5 | (a-1) Nothing in this Act shall preempt, abridge, limit, or | ||||||
6 | diminish the authority of community colleges, and public and | ||||||
7 | private colleges and universities from prohibiting, | ||||||
8 | restricting or otherwise regulating firearms on or in close | ||||||
9 | proximity to their campuses, grounds and other property, | ||||||
10 | including but not limited to sidewalks, commons, and highways, | ||||||
11 | owned by the school district, community college, or public or | ||||||
12 | private college or university or in buildings used in whole or | ||||||
13 | in part for housing, classrooms, laboratories, medical | ||||||
14 | clinics, hospitals, and artistic, athletic and entertainment | ||||||
15 | venues; or on or in property owned, controlled or leased by | ||||||
16 | officially recognized student organizations or officially | ||||||
17 | recognized university-related organizations. | ||||||
18 | (a-2) Nothing in this Act shall preempt, abridge, limit or | ||||||
19 | diminish the authority of community colleges, and public and | ||||||
20 | private colleges and universities from prohibiting persons | ||||||
21 | from carrying a firearm into a vehicle owned, leased or | ||||||
22 | controlled by the school districts, community colleges, or | ||||||
23 | public or private college or universities regardless of where | ||||||
24 | the vehicle travels. School districts, community colleges, and | ||||||
25 | public or private colleges or universities may develop | ||||||
26 | resolutions, regulations, or policies regarding the storage |
| |||||||
| |||||||
1 | and maintenance of firearms, including but not limited to | ||||||
2 | designating areas where individuals may park vehicles that | ||||||
3 | carry firearms. These resolutions, regulations, or policies | ||||||
4 | may specify that persons in violation of the resolutions, | ||||||
5 | regulations, or policies may be denied entrance to the campus, | ||||||
6 | grounds, building, vehicles or other property and subjected to | ||||||
7 | a civil fine of no more than $1,500 for any violation of the | ||||||
8 | provisions of the resolution, regulation, or policy. | ||||||
9 | (a-3) Nothing in this Act shall preempt, abridge, limit, or | ||||||
10 | diminish the authority of community colleges, and public or | ||||||
11 | private colleges or universities from taking actions | ||||||
12 | proscribed by their resolutions, regulations, or policies | ||||||
13 | against violations of the resolutions, regulations, or | ||||||
14 | policies, which may qualify as student, employee, or visitor | ||||||
15 | misconduct and may result in discipline, including, but not | ||||||
16 | limited to, expulsion from the school district, community | ||||||
17 | college, or public or private college or university, | ||||||
18 | termination of employment or appointment, or suspension or | ||||||
19 | banning from the school district, community college, or public | ||||||
20 | or private college or university campuses, grounds and other | ||||||
21 | property. | ||||||
22 | (a-4) Nothing in this Act shall preempt, abridge, limit, or | ||||||
23 | diminish the authority of community colleges, and public or | ||||||
24 | private colleges and universities from permitting the carrying | ||||||
25 | or use of firearms for the purposes of instruction and | ||||||
26 | curriculum of officially recognized programs, such as military |
| |||||||
| |||||||
1 | science programs. These programs shall be authorized by the | ||||||
2 | chief executive officer of the community college, or public or | ||||||
3 | private college or university or his or her designee. | ||||||
4 | (b) A licensee shall not be in violation of this Section | ||||||
5 | while he or she is traveling along a public right of way that | ||||||
6 | touches or crosses any of the premises specified in subsection | ||||||
7 | (a) if the handgun is carried on his or her person in | ||||||
8 | accordance with the provisions of this Act or is being | ||||||
9 | transported in a vehicle by the licensee in accordance with any | ||||||
10 | other applicable provisions of law. | ||||||
11 | (c) A license to carry a concealed firearm issued or | ||||||
12 | renewed under this Act may include any additional reasonable | ||||||
13 | restrictions or conditions which the Department deems | ||||||
14 | warranted, including restrictions as to the time, place, | ||||||
15 | manner, and circumstances under which the person may carry a | ||||||
16 | firearm. No license to carry a concealed firearm issued under | ||||||
17 | this Act shall be valid within the City of Chicago unless the | ||||||
18 | Superintendent of Police of that City has issued a special | ||||||
19 | permit authorizing the license holder to carry a concealed | ||||||
20 | firearm in the City. No license to carry a concealed firearm | ||||||
21 | shall be valid in Cook County outside the City of Chicago | ||||||
22 | unless the Cook County Sheriff has issued a special permit | ||||||
23 | authorizing the license holder to carry a concealed firearm in | ||||||
24 | Cook County, except that a license holder who has received a | ||||||
25 | special permit from the Superintendent of Police of the City of | ||||||
26 | Chicago shall be authorized to carry a concealed firearm |
| |||||||
| |||||||
1 | throughout Cook County. | ||||||
2 | (d) If a law enforcement officer initiates an investigative | ||||||
3 | stop, including but not limited to a traffic stop, of a | ||||||
4 | licensee who is carrying a concealed firearm, the licensee | ||||||
5 | shall immediately disclose to the officer that he or she is in | ||||||
6 | possession of a concealed firearm under this Act. The licensee | ||||||
7 | shall comply with any lawful orders and directions from the | ||||||
8 | officer. For the safety of the officer and the public, the | ||||||
9 | officer may conduct a pat down of the licensee and take | ||||||
10 | possession of the firearm for the duration of the encounter. | ||||||
11 | (e) A licensee shall not carry a concealed firearm while | ||||||
12 | under the influence of alcohol or any drug, substance, or | ||||||
13 | compound in an amount that would render the licensee unfit to | ||||||
14 | drive under Section 11-501 of the Illinois Vehicle Code. If a | ||||||
15 | licensee is approached by a peace officer while carrying a | ||||||
16 | concealed firearm and the officer has a reasonable suspicion | ||||||
17 | that the licensee is under the influence, the officer may | ||||||
18 | require the licensee to submit to one or more field sobriety or | ||||||
19 | chemical tests to determine the presence of alcohol or any | ||||||
20 | drug, substance, or compound that would render the licensee | ||||||
21 | unfit to drive under Section 11-501 of the Illinois Vehicle | ||||||
22 | Code. | ||||||
23 | (f) A violation of subsection (a), (b), (c), (d), or (e) is | ||||||
24 | a Class B misdemeanor. A knowing violation of subsection (a), | ||||||
25 | (b), (c), (d), or (e) is a Class A misdemeanor. The court may | ||||||
26 | require a licensee to pay a $150 fee, in addition to any other |
| |||||||
| |||||||
1 | fees or court costs, for a violation of subsection (d). | ||||||
2 | (g) The Department may suspend a license for up to 180 days | ||||||
3 | for a violation of subsection (a), (b), (c), (d), or (e). The | ||||||
4 | Department shall permanently revoke a license for a willful | ||||||
5 | violation of this Section.
| ||||||
6 | Section 60. Immunity, employees, and agents. The office of | ||||||
7 | the county sheriff, or any employee or agent of the county | ||||||
8 | sheriff, or the Superintendent of the Chicago Police Department | ||||||
9 | or any employee or agent of the Superintendent, or the | ||||||
10 | Department of State Police shall not be liable for damages in | ||||||
11 | any civil action arising from alleged wrongful or improper | ||||||
12 | granting, denying, renewing, revoking, suspending, or failure | ||||||
13 | to grant, deny, renew, revoke, or suspend licenses issued under | ||||||
14 | this Act, except for willful or wanton misconduct.
| ||||||
15 | Section 65. Statistical report. | ||||||
16 | (a) By March 1 of each year, the Department shall submit a | ||||||
17 | statistical report to the Governor, the President of the | ||||||
18 | Senate, and the Speaker of the House of Representatives | ||||||
19 | indicating the number of licenses issued, revoked, suspended, | ||||||
20 | denied, and issued after appeal since the last report and in | ||||||
21 | total and also the number of licenses currently valid. The | ||||||
22 | report shall also include the number of arrests and convictions | ||||||
23 | and the types of crimes committed since the last report by | ||||||
24 | licensees, including the name of any licensee who has been |
| |||||||
| |||||||
1 | convicted of a crime, and the type of crime. | ||||||
2 | (b) The Secretary of State shall conduct a study to | ||||||
3 | determine the cost and feasibility of creating a method of | ||||||
4 | adding an identifiable code, background, or other means to show | ||||||
5 | that an individual has been issued a license by the Department | ||||||
6 | on the person's driver's license.
| ||||||
7 | Section 70. Applicant training. | ||||||
8 | (a) Students in the applicant training course shall provide | ||||||
9 | their own safe, functional handgun and factory-loaded | ||||||
10 | ammunition. The applicant shall complete the requirements of | ||||||
11 | this Section for each particular make and model of handguns | ||||||
12 | that the applicant may be licensed to carry. | ||||||
13 | (b) The applicant training course shall be the standardized | ||||||
14 | training course approved by the Department. The sheriff, or, if | ||||||
15 | the applicant resides in the City of Chicago, the | ||||||
16 | Superintendent may impose additional requirements for the | ||||||
17 | training course. The course shall be taught by a qualified | ||||||
18 | firearms instructor, consisting of at least 8 hours of | ||||||
19 | instruction, covering at least the following topics for each | ||||||
20 | particular handgun to be carried by the applicant:
| ||||||
21 | (1) handgun safety in the classroom, at home, on the | ||||||
22 | firing range, or while carrying the firearm; | ||||||
23 | (2) the basic principles of marksmanship; | ||||||
24 | (3) care and cleaning of each particular handgun to be | ||||||
25 | carried by the applicant; |
| |||||||
| |||||||
1 | (4) by means of a instruction and videotape produced or | ||||||
2 | approved by the Department: | ||||||
3 | (A) the requirements for obtaining a license to | ||||||
4 | carry a concealed firearm in this State; | ||||||
5 | (B) laws relating to firearms as prescribed in this | ||||||
6 | Act, the Firearm Owners Identification Card Act, | ||||||
7 | Article 24 of the Criminal Code of 2012, and 18 U.S.C. | ||||||
8 | 921 through 930; and | ||||||
9 | (C) laws relating to the justifiable use of force | ||||||
10 | as prescribed in Article 7 of the Criminal Code of | ||||||
11 | 2012. | ||||||
12 | (5) live firing exercises of sufficient duration for | ||||||
13 | each applicant to fire each particular handgun to be | ||||||
14 | carried by the applicant: | ||||||
15 | (A) a minimum of 50 rounds; and | ||||||
16 | (B) 30 rounds from a distance of 7 yards and 20 | ||||||
17 | rounds from a distance of 15 yards at a B-21 silhouette | ||||||
18 | or equivalent target as approved by the Department;
| ||||||
19 | (6) methods for safely storing and securing firearms | ||||||
20 | and ammunition and preventing access by children and other | ||||||
21 | unauthorized persons; and | ||||||
22 | (7) techniques for avoiding a criminal attack and how | ||||||
23 | to manage a violent confrontation, including conflict | ||||||
24 | resolution.
| ||||||
25 | (c) Prior to conducting range firing, the course instructor | ||||||
26 | shall: |
| |||||||
| |||||||
1 | (1) inspect each applicant's firearm; and | ||||||
2 | (2) not allow the firing of a handgun which is not in | ||||||
3 | sound mechanical condition or otherwise may pose a safety | ||||||
4 | hazard.
| ||||||
5 | (d) The classroom portion of the course may, at the | ||||||
6 | qualified firearms instructor's discretion, be divided into | ||||||
7 | segments of not less than 2 hours each. | ||||||
8 | (e) Applicant training courses shall not be open to anyone | ||||||
9 | under the age of 21 and no certificate of completion shall be | ||||||
10 | issued to persons less than 21 years of age. | ||||||
11 | (f) Instructors shall maintain any records for students' | ||||||
12 | performance for not less than 5 years. | ||||||
13 | (g) At the conclusion of the classroom portion of the | ||||||
14 | applicant training course, the qualified firearms instructor | ||||||
15 | shall: | ||||||
16 | (1) distribute a standard course examination to the | ||||||
17 | students; | ||||||
18 | (2) not leave the room in which the examination is | ||||||
19 | being held while the examination is in progress; | ||||||
20 | (3) collect examination booklets and answer sheets | ||||||
21 | from each student at the end of the examination period; and | ||||||
22 | (4) not grade the examinations in the presence of | ||||||
23 | students. | ||||||
24 | (h) A person shall not: | ||||||
25 | (1) make an unauthorized copy of the applicant training | ||||||
26 | course examination, in whole or in part; or |
| |||||||
| |||||||
1 | (2) possess the applicant training course examination, | ||||||
2 | or questions from the examination, unless authorized by the | ||||||
3 | Department. | ||||||
4 | (i) During the firearms safety training course, the | ||||||
5 | applicant must satisfactorily demonstrate to the course | ||||||
6 | instructor the safe handling of each particular handgun to be | ||||||
7 | carried by the applicant. This demonstration must include the | ||||||
8 | proper loading and unloading of the handgun, the proper | ||||||
9 | engaging and disengaging of common firearm safety mechanisms, | ||||||
10 | and the proper firing of the handgun. If the handgun has a | ||||||
11 | detachable magazine, the demonstration must also include the | ||||||
12 | proper removal and reattachment of the magazine. | ||||||
13 | (j) Grades of "passing" shall not be given on range work to | ||||||
14 | an applicant who:
| ||||||
15 | (1) does not follow the orders of the certified | ||||||
16 | firearms instructor; | ||||||
17 | (2) in the judgment of the certified firearms | ||||||
18 | instructor, handles a firearm in a manner that poses a | ||||||
19 | danger to the applicant or to others; or | ||||||
20 | (3) during the testing portion of the range work fails | ||||||
21 | to hit the silhouette portion of the target with 70% of the | ||||||
22 | 30 rounds fired for each particular handgun to be carried | ||||||
23 | by the applicant. | ||||||
24 | (k) Certified firearms instructors shall:
| ||||||
25 | (1) allow monitoring of their classes by officials of | ||||||
26 | any certifying agency;
|
| |||||||
| |||||||
1 | (2) make any course records available upon demand to | ||||||
2 | authorized personnel of the Department; and | ||||||
3 | (3) not divulge course records except as authorized by | ||||||
4 | the certifying agency. | ||||||
5 | (l) Fees for applicant training courses shall be set by the | ||||||
6 | instructor. | ||||||
7 | (m) An applicant training course shall not have more than | ||||||
8 | 40 students in the classroom portion or more than 5 students | ||||||
9 | per range officer engaged in range firing. | ||||||
10 | (n) Within 3 business days after the completion of the | ||||||
11 | course, the certified firearms instructor shall: | ||||||
12 | (1) grade the examinations; and | ||||||
13 | (2) issue to the student: | ||||||
14 | (A) a certificate of successful course completion; | ||||||
15 | or | ||||||
16 | (B) notification that the applicant has failed the | ||||||
17 | written portion of the course, the live firing portion | ||||||
18 | of the course, or both, and will not be issued a | ||||||
19 | certificate of completion.
| ||||||
20 | (o) A student shall be issued a certificate of completion | ||||||
21 | if he or she: | ||||||
22 | (1) answers at least 70% of the written examination | ||||||
23 | questions correctly. The Department shall develop the | ||||||
24 | written exam not to exceed 50 questions; and | ||||||
25 | (2) achieves a grade of "passing" on the range work. | ||||||
26 | (p)(1) Students who score below 70% on the written |
| |||||||
| |||||||
1 | examination may retake the examination one time without having | ||||||
2 | to retake the course. | ||||||
3 | (2) Students who do not achieve a grade of "passing" on the | ||||||
4 | range work may repeat the range work one time without having to | ||||||
5 | retake the course. | ||||||
6 | (q) For purposes of this Section, successful completion of | ||||||
7 | Firearms Instructor Training under Section 75 shall meet the | ||||||
8 | training requirements of this Section if approved by the | ||||||
9 | sheriff or Superintendent.
| ||||||
10 | Section 75. Firearms instructors training. | ||||||
11 | (a) Not later than 90 days after the effective date of this | ||||||
12 | Act, the Department shall offer and teach courses to qualify | ||||||
13 | instructors under this Section in each State Police District | ||||||
14 | that has a suitable gun range. Courses shall be available at | ||||||
15 | least bi-monthly, or whenever 5 or more individuals request a | ||||||
16 | class in any State Police District. However, nothing in this | ||||||
17 | Section shall require a course to be held if there are no | ||||||
18 | requests pending, and adjoining districts may combine classes | ||||||
19 | in order to have at least 5 participants. | ||||||
20 | (b) Persons who are not qualified firearms instructors | ||||||
21 | shall not teach applicant training courses or advertise or | ||||||
22 | otherwise represent courses they teach as qualifying their | ||||||
23 | students to meet the requirements to receive a license under | ||||||
24 | this Act. | ||||||
25 | (c) Persons who are not certified instructor trainers shall |
| |||||||
| |||||||
1 | not teach instructor qualification courses. | ||||||
2 | (d) Persons wishing to become qualified firearms | ||||||
3 | instructors shall: | ||||||
4 | (1) be at least 21 years of age; | ||||||
5 | (2) be a citizen of the United States; and | ||||||
6 | (3) meet the requirements of Section 20, and any | ||||||
7 | additional requirements established by the Department. | ||||||
8 | (e) Persons wishing to become instructor trainers, in | ||||||
9 | addition to the requirements of subsection (d) of this Section, | ||||||
10 | shall: | ||||||
11 | (1) possess a high school diploma or GED certificate; | ||||||
12 | and | ||||||
13 | (2) have at least one of the following valid firearms | ||||||
14 | instructor certifications: | ||||||
15 | (A) certification from a firearms instructor's | ||||||
16 | course offered by a State or federal governmental | ||||||
17 | agency; or | ||||||
18 | (B) a similar firearms instructor qualifying | ||||||
19 | course, approved by the Director of State Police or his | ||||||
20 | or her designee. | ||||||
21 | (f)(1) Persons wishing to become qualified firearms | ||||||
22 | instructors or instructor trainers shall agree to background | ||||||
23 | checks. | ||||||
24 | (2) An applicant to become a qualified firearms | ||||||
25 | instructor may be disqualified from taking firearms | ||||||
26 | instructor training, or have his or her instructor |
| |||||||
| |||||||
1 | qualification revoked, if the applicant: | ||||||
2 | (A) does not meet the requirements of Section 20 of | ||||||
3 | this Act; | ||||||
4 | (B) provides false or misleading information on | ||||||
5 | the application; or | ||||||
6 | (C) has had a prior instructor qualification | ||||||
7 | revoked by the Department or other issuing body. | ||||||
8 | (g) The training course to certify firearms instructors and | ||||||
9 | instructor trainers shall include: | ||||||
10 | (1) At least 16 hours of instruction covering at least | ||||||
11 | the following topics by means of a videotape produced or | ||||||
12 | approved by the Department: | ||||||
13 | (A) the requirements for obtaining a license under | ||||||
14 | this Act; | ||||||
15 | (B) laws relating to firearms as contained in this | ||||||
16 | Act, the Firearm Owners Identification Card Act, | ||||||
17 | Article 24 of the Criminal Code of 2012, and 18 U.S.C. | ||||||
18 | 921 through 930; | ||||||
19 | (C) laws relating to the justifiable use of force | ||||||
20 | as contained in Article 7 of the Criminal Code of 2012; | ||||||
21 | (D) the conducting of applicant training courses; | ||||||
22 | (E) record-keeping requirements of this Act; | ||||||
23 | (F) the basic nomenclature of handguns; | ||||||
24 | (G) the basic principles of marksmanship; and | ||||||
25 | (H) the safe handling of handguns.
| ||||||
26 | (2) A classroom demonstration, during which the |
| |||||||
| |||||||
1 | instructor candidate shall receive instruction on and | ||||||
2 | demonstrate competency in the ability to prepare and | ||||||
3 | deliver a classroom presentation using materials from the | ||||||
4 | applicant curriculum. | ||||||
5 | (3) Range instruction and firing of live ammunition, | ||||||
6 | during which the instructor candidate shall receive | ||||||
7 | instruction on and demonstrate competency in the ability | ||||||
8 | to: | ||||||
9 | (A) handle and fire a handgun safely and | ||||||
10 | accurately; | ||||||
11 | (B) conduct a function test and safety inspection | ||||||
12 | of revolvers and pistols; | ||||||
13 | (C) clean revolvers and pistols; and | ||||||
14 | (D) supervise and conduct live firing exercises in | ||||||
15 | a safe and efficient manner. | ||||||
16 | (h) To qualify as a certified firearms instructor or | ||||||
17 | instructor trainer, instructor candidates shall meet any | ||||||
18 | requirements established by the Department, and achieve: | ||||||
19 | (1) a minimum score of 80% on a written examination | ||||||
20 | covering the material taught during the classroom portion | ||||||
21 | of the course; and | ||||||
22 | (2) a minimum score of 80% on range firing of a handgun | ||||||
23 | while aiming at a B-21 silhouette target or an equivalent | ||||||
24 | as approved by the Department, with a minimum of:
| ||||||
25 | (A) 20 rounds from 7 yards; and | ||||||
26 | (B) 10 rounds from 15 yards; and |
| |||||||
| |||||||
1 | (C) a score of "passing" from the course instructor | ||||||
2 | for demonstrating competency in each of the following:
| ||||||
3 | (i) supervising and conducting live fire; | ||||||
4 | (ii) cleaning and inspecting handguns; and | ||||||
5 | (iii) preparing and delivering the classroom | ||||||
6 | lecture. | ||||||
7 | (i) Instructor candidates who fail to meet the minimum | ||||||
8 | requirements of subsection (h) of this Section may retake the | ||||||
9 | examination, range work, or classroom demonstration one time | ||||||
10 | without having to repeat the course. | ||||||
11 | (j) Qualified firearms instructor and instructor trainer | ||||||
12 | certificates shall be valid for 10 years from the date of | ||||||
13 | issue. Qualified firearms instructors or instructor trainers | ||||||
14 | may renew their certification by successfully completing a | ||||||
15 | refresher course offered or approved by the Department. | ||||||
16 | (k) The fees for instructor courses or refresher courses | ||||||
17 | shall be $100 per student paid to the Department. Fees shall | ||||||
18 | not be refunded to those who do not pass or otherwise fail to | ||||||
19 | complete a course. | ||||||
20 | (l) Course participants shall provide their own safe, | ||||||
21 | functional handgun and factory-loaded ammunition. | ||||||
22 | (m) Prior to conducting range firing, the course instructor | ||||||
23 | shall:
| ||||||
24 | (1) inspect each applicant's firearm; and
| ||||||
25 | (2) not allow the firing of a handgun which is not in | ||||||
26 | sound mechanical condition or otherwise may pose a safety |
| |||||||
| |||||||
1 | hazard.
| ||||||
2 | Section 80. Features of a license. | ||||||
3 | (a) If an application for a license to carry a concealed | ||||||
4 | firearm is approved, the Department shall issue to the | ||||||
5 | applicant a license to carry a concealed firearm on a form | ||||||
6 | prescribed by the Department which contains the applicant's | ||||||
7 | name, photograph, residence address, date of birth, a unique | ||||||
8 | license number, the make, model, caliber or gauge, and serial | ||||||
9 | number of the firearm or firearms to be carried, other personal | ||||||
10 | information as may be required by the Department, the date the | ||||||
11 | license expires, and any additional restrictions or conditions | ||||||
12 | the Department may impose on the applicant's carrying of a | ||||||
13 | firearm. | ||||||
14 | (b) A license to carry a concealed firearm issued by the | ||||||
15 | this State shall not exempt the licensee from the requirements | ||||||
16 | of a background check, including a check of the National | ||||||
17 | Instant Criminal Background Check System, upon purchase or | ||||||
18 | transfer of a firearm.
| ||||||
19 | Section 85. Definitions. As used in Sections 85 through 150 | ||||||
20 | of this Act: | ||||||
21 | "Ammunition" has the same meaning as "firearm ammunition" | ||||||
22 | in Section 1.1 of the Firearm Owners Identification Card Act. | ||||||
23 | "Applicant" means a person who is seeking the issuance or | ||||||
24 | renewal of a registration certificate for a firearm that he or |
| |||||||
| |||||||
1 | she owns or possesses. | ||||||
2 | "Department" means the Department of State Police. | ||||||
3 | "Firearm" has the same meaning as "firearm" in Section 1.1 | ||||||
4 | of the Firearm Owners Identification Card Act. | ||||||
5 | "Person" means any individual, corporation, company, | ||||||
6 | association, firm, partnership, club, organization, society, | ||||||
7 | joint stock company or other entity. | ||||||
8 | "Registrant" means a person who has been issued a | ||||||
9 | registration certificate for a firearm that he or she owns or | ||||||
10 | possess.
| ||||||
11 | Section 90. Firearm registration requirement. | ||||||
12 | (a) Every person in the State must register each firearm he | ||||||
13 | or she owns or possesses in accordance with this Act. | ||||||
14 | (b) No person shall deliver a firearm, and no person shall | ||||||
15 | receive or obtain a firearm, until each of the following has | ||||||
16 | occurred: | ||||||
17 | (1) the buyer or transferee has completed an | ||||||
18 | application to register the firearm at the place of | ||||||
19 | business of a federally licensed firearms dealer in | ||||||
20 | accordance with Section 105; | ||||||
21 | (2) the federally licensed firearms dealer has | ||||||
22 | verified that the prospective registrant is the person | ||||||
23 | whose driver's license or other government-issued | ||||||
24 | identification card is contained in the application; | ||||||
25 | (3) the federally licensed firearms dealer has |
| |||||||
| |||||||
1 | transmitted the completed application to register the | ||||||
2 | firearm to the Department of State Police in a manner | ||||||
3 | prescribed by the Department; and | ||||||
4 | (4) the federally licensed firearms dealer has | ||||||
5 | provided a receipt for the application to the prospective | ||||||
6 | registrant on a form to be prescribed by the Department. | ||||||
7 | (c) A person shall be deemed to have complied with | ||||||
8 | subsection (a) of this Section for a firearm if he or she | ||||||
9 | produces a valid receipt indicating that he or she has applied | ||||||
10 | to register that firearm in accordance with this Act and the | ||||||
11 | application is pending.
| ||||||
12 | Section 95. Ammunition purchase, possession, delivery.
| ||||||
13 | (a) No person shall purchase or possess ammunition within | ||||||
14 | this State without having first obtained a registration | ||||||
15 | certificate identifying a firearm that is suitable for use with | ||||||
16 | that ammunition, or a receipt demonstrating that the person has | ||||||
17 | applied to register a suitable firearm in accordance with this | ||||||
18 | Act and that the application is pending.
| ||||||
19 | (b) No person shall deliver ammunition to any person within | ||||||
20 | this State without having first verified that the ammunition | ||||||
21 | purchaser possesses a registration certificate for a firearm | ||||||
22 | that is suitable for use with that ammunition, or a receipt | ||||||
23 | demonstrating that the person has applied to register a | ||||||
24 | suitable firearm in accordance with this Act and the | ||||||
25 | application is pending.
|
| |||||||
| |||||||
1 | Section 100. Exceptions.
Sections 90 and 95 do not apply to | ||||||
2 | the ownership, possession, or receipt of a firearm or | ||||||
3 | ammunition by, or delivery of a firearm or ammunition to:
| ||||||
4 | (1) any law enforcement or corrections agency, or law | ||||||
5 | enforcement or corrections officer acting within the course and | ||||||
6 | scope of his or her employment or official duties;
| ||||||
7 | (2) a United States Marshal or member of the Armed Forces | ||||||
8 | of the United States or the National Guard, or a federal | ||||||
9 | official, who is required to possess a firearm in the operation | ||||||
10 | of his or her official duties;
| ||||||
11 | (3) licensed firearms manufacturers, importers, or | ||||||
12 | dealers, while engaged in the course and scope of their | ||||||
13 | activities as licensees, provided that the persons are properly | ||||||
14 | licensed under federal, state, and local law;
| ||||||
15 | (4) a gunsmith who is in possession of a firearm solely for | ||||||
16 | the purposes of service or repair;
| ||||||
17 | (5) a common carrier, warehouseman, or other person engaged | ||||||
18 | in the business of transporting or storing goods, to the extent | ||||||
19 | that the possession or receipt of any firearm is in the | ||||||
20 | ordinary course of business and not for the personal use of any | ||||||
21 | person;
| ||||||
22 | (6) a person who is under 18 years of age who is in | ||||||
23 | possession of a registered firearm for lawful hunting or | ||||||
24 | sporting purposes or for any other lawful recreational activity | ||||||
25 | while under the direct supervision and control of the |
| |||||||
| |||||||
1 | registrant;
| ||||||
2 | (7) a person who is 18 years of age or older who is in | ||||||
3 | possession of a registered firearm while accompanying the | ||||||
4 | registrant and using the firearm for lawful hunting or sporting | ||||||
5 | purposes or for any other lawful recreational activity;
| ||||||
6 | (8) a new resident of the State who has brought his or her | ||||||
7 | firearm into the State within the preceding 90 days, or who | ||||||
8 | produces a valid receipt indicating that he or she has applied | ||||||
9 | to register the firearm within this time period and the | ||||||
10 | application is pending;
| ||||||
11 | (9) nonresidents of this State participating in lawful | ||||||
12 | hunting or sporting activity or other lawful recreational | ||||||
13 | activity in this State, provided that their ownership or | ||||||
14 | possession of a firearm for those purposes is lawful in the | ||||||
15 | jurisdiction in which they reside, and that the weapon is | ||||||
16 | transported in compliance with 18 U.S.C. 926A;
| ||||||
17 | (10) a person being loaned a firearm solely for the purpose | ||||||
18 | of shooting at targets, if the loan occurs on the premises of a | ||||||
19 | properly licensed target facility, and the firearm is always | ||||||
20 | kept within the premises of the target range;
| ||||||
21 | (11) a person who has acquired a firearm by operation of | ||||||
22 | law upon the death of the former owner of the firearm within | ||||||
23 | the preceding 90 days, or who produces a valid receipt | ||||||
24 | indicating that he or she has applied to register the firearm | ||||||
25 | within this time period and the application is pending;
| ||||||
26 | (12) a person lawfully transporting a firearm through |
| |||||||
| |||||||
1 | Illinois in accordance with 18 U.S.C. 926A; or
| ||||||
2 | (13) an adult family member of the registrant of the | ||||||
3 | firearm if the registrant resides with the family member but is | ||||||
4 | not currently present in the residence, provided that the | ||||||
5 | family member does not maintain control over the firearm for | ||||||
6 | more than 14 consecutive days. This exception shall not apply | ||||||
7 | if the registrant or the family member knows or has reasonable | ||||||
8 | cause to believe that federal, State, or local law prohibits | ||||||
9 | the family member from purchasing or possessing firearms, or | ||||||
10 | the registrant knows or has reasonable cause to believe that | ||||||
11 | the family member is likely to use the firearm for unlawful | ||||||
12 | purposes.
| ||||||
13 | (14) members of bona fide veterans organizations which | ||||||
14 | receive firearms directly from the armed forces of the United | ||||||
15 | States, while using the firearms for ceremonial purposes with | ||||||
16 | blank ammunition;
| ||||||
17 | (15) color guards of bona fide veterans organizations or | ||||||
18 | members of bona fide American Legion bands while using firearms | ||||||
19 | for ceremonial purposes with blank ammunition;
| ||||||
20 | (16) nonresidents while at a firearm showing or display | ||||||
21 | recognized by the Department, provided that at any other times | ||||||
22 | and in any other places the weapon is transported in compliance | ||||||
23 | with 18 U.S.C. § 926A;
or | ||||||
24 | (17) competitive shooting athletes whose competition | ||||||
25 | firearms are sanctioned by the International Olympic | ||||||
26 | Committee, the International Paralympic Committee, the |
| |||||||
| |||||||
1 | International Shooting Sport Federation, or USA Shooting in | ||||||
2 | connection with the athletes' training for and participation in | ||||||
3 | shooting competitions at the 2016 Olympic and Paralympic Games | ||||||
4 | and sanctioned test events leading up to the 2016 Olympic and | ||||||
5 | Paralympic Games, provided that the weapons are transported in | ||||||
6 | compliance with 18 U.S.C. 926A.
| ||||||
7 | Section 105. Application to register a firearm.
| ||||||
8 | (a) Any person who is required to register a firearm under | ||||||
9 | this Act shall:
| ||||||
10 | (1) For a newly purchased firearm or firearm presently | ||||||
11 | obtained as a gift or through other transfer, other than a | ||||||
12 | firearm obtained by operation of law upon the death of the | ||||||
13 | former owner, apply to register the firearm at the place of | ||||||
14 | business of a federally licensed firearms dealer in | ||||||
15 | accordance with Section 90.
| ||||||
16 | (2) For a firearm that was lawfully owned or possessed | ||||||
17 | on the effective date of this Act, was brought into the | ||||||
18 | State by a new resident, or was acquired by operation of | ||||||
19 | law upon the death of the former owner: | ||||||
20 | (A) appear in person at the place of business of a | ||||||
21 | federally licensed firearms dealer; and
| ||||||
22 | (B) complete and submit to the Department the | ||||||
23 | application, in writing, signed under penalty of | ||||||
24 | perjury, on a form prescribed by the Department.
| ||||||
25 | (b) A federally licensed firearms dealer shall process an |
| |||||||
| |||||||
1 | application for registration at its place of business in | ||||||
2 | accordance with Section 90 and this Section whenever it is | ||||||
3 | requested. The federally licensed firearms dealer shall: | ||||||
4 | (1) make available the form for an application to | ||||||
5 | register a firearm upon request;
| ||||||
6 | (2) verify that the prospective registrant is the | ||||||
7 | person whose driver's license or other government-issued | ||||||
8 | identification card is contained in the application;
| ||||||
9 | (3) transmit the completed application to register the | ||||||
10 | firearm to the Department of State Police in a manner | ||||||
11 | prescribed by the Department; and
| ||||||
12 | (4) provide a receipt for the application to the | ||||||
13 | prospective registrant on a form to be prescribed by the | ||||||
14 | Department. | ||||||
15 | The federally licensed firearms dealer may charge a fee for | ||||||
16 | this service.
| ||||||
17 | (c) Any person who is required to register a firearm must | ||||||
18 | provide the following information on a registration | ||||||
19 | application created by the Department, which form shall | ||||||
20 | include:
| ||||||
21 | (1) the applicant's full name and any other name by | ||||||
22 | which the applicant has ever been known;
| ||||||
23 | (2) the home address and telephone number of the | ||||||
24 | applicant;
| ||||||
25 | (3) the occupation, business address, and telephone | ||||||
26 | number of the applicant;
|
| |||||||
| |||||||
1 | (4) the applicant's gender, race, height, weight, date | ||||||
2 | of birth, place of birth, country of citizenship, social | ||||||
3 | security number, and, if the applicant is not a U.S. | ||||||
4 | citizen, alien or admission number;
| ||||||
5 | (5) a copy of the applicant's current driver's license | ||||||
6 | or other government-issued identification card containing | ||||||
7 | a photograph of the applicant;
| ||||||
8 | (6) information concerning any denial or revocation of | ||||||
9 | a license, permit or registration certificate pertaining | ||||||
10 | to any firearm owned or possessed by the applicant;
| ||||||
11 | (7) the make, model, manufacturer's name, caliber or | ||||||
12 | gauge, and serial number of any firearms for which the | ||||||
13 | applicant seeks to obtain a registration certificate;
| ||||||
14 | (8) the date the applicant acquired each firearm; | ||||||
15 | (9) for any firearms to be transferred under paragraph | ||||||
16 | (a)(1), the name, address, and telephone number of the | ||||||
17 | person from whom each firearm was obtained, and in the case | ||||||
18 | of a firearms dealer, the dealer's license number;
| ||||||
19 | (10) the name of, and description of any instance in | ||||||
20 | which, any court, board, commission or other lawful | ||||||
21 | authority has done either of the following, including dates | ||||||
22 | of commitment and release:
| ||||||
23 | (A) determined that the applicant, as a result of | ||||||
24 | marked subnormal intelligence, mental illness, | ||||||
25 | incompetency, condition, or disease, was a danger to | ||||||
26 | himself or herself or others, lacked the mental |
| |||||||
| |||||||
1 | capacity to contract or manage his or her own affairs, | ||||||
2 | or was not guilty of a crime by reason of insanity or | ||||||
3 | incompetent to stand trial; or
| ||||||
4 | (B) involuntarily committed the person to a mental | ||||||
5 | institution (including the name and address of the | ||||||
6 | institution);
and | ||||||
7 | (11) an authorization and release to obtain | ||||||
8 | information relevant to the person's eligibility to | ||||||
9 | register a firearm under this Act, from any source, that | ||||||
10 | waives any right to confidentiality and requests the | ||||||
11 | disclosure of the information to the Department for the | ||||||
12 | sole purpose of determining the person's eligibility to | ||||||
13 | register a firearm under this Act;
| ||||||
14 | (12) the applicant's right thumbprint;
| ||||||
15 | (13) two identical color photographs of the | ||||||
16 | applicant's face, frontal view, 2 inches square in size, | ||||||
17 | taken within the 30 days immediately preceding the | ||||||
18 | application, as specified in rules of the Department; and
| ||||||
19 | (14) any additional information the Department deems | ||||||
20 | necessary to process the application.
| ||||||
21 | (d) The Department may charge a fee to cover the | ||||||
22 | administrative costs of the registration for each firearm.
| ||||||
23 | Section 110. Investigation by Department.
| ||||||
24 | (a) In addition to the requirement of a background check | ||||||
25 | upon sale of a firearm under Sections 3 and 3.1 of the Firearm |
| |||||||
| |||||||
1 | Owners Identification Card Act, the Department must complete a | ||||||
2 | background check of any person who applies for:
| ||||||
3 | (1) a registration certificate for a firearm that was | ||||||
4 | lawfully owned or possessed on the effective date of this | ||||||
5 | Act, was brought into the State by a new resident, or was | ||||||
6 | acquired by operation of law upon the death of the former | ||||||
7 | owner;
| ||||||
8 | (2) a registration certificate for a firearm that was | ||||||
9 | transferred to the applicant without the background check | ||||||
10 | required by Section 3.1 of the Firearm Owners | ||||||
11 | Identification Card Act; or | ||||||
12 | (3) a renewal of a registration certificate unless, | ||||||
13 | within 12 months of the date the renewal application is | ||||||
14 | submitted, the applicant passed a background check | ||||||
15 | conducted by the Department in connection with the | ||||||
16 | applicant's acquisition of another firearm.
| ||||||
17 | (b) The background check required by subsection (a) shall | ||||||
18 | be equivalent in scope to the background check that is | ||||||
19 | conducted upon transfer of a firearm in accordance with | ||||||
20 | Sections 3 and 3.1 of the Firearm Owners Identification Card | ||||||
21 | Act.
| ||||||
22 | (c) No registration certificate shall be issued or renewed | ||||||
23 | if the applicant is prohibited from purchasing or possessing a | ||||||
24 | firearm under federal, State, or local law.
| ||||||
25 | Section 115. Registration approval, denial or revocation.
|
| |||||||
| |||||||
1 | (a) After consideration of an application for a | ||||||
2 | registration certificate or for renewal of a registration | ||||||
3 | certificate and any information obtained relative thereto, the | ||||||
4 | Department shall either approve or deny the application and | ||||||
5 | notify the applicant in writing of the decision, including the | ||||||
6 | reason for denial, and the appeal procedures under Section 125.
| ||||||
7 | (b) The Department may grant or renew a registration | ||||||
8 | certificate only if the applicant is in compliance with this | ||||||
9 | Act and any other applicable federal, State, and local laws | ||||||
10 | relating to firearms and ammunition.
| ||||||
11 | (c) The Department shall deny the issuance or renewal of a | ||||||
12 | registration certificate, or shall revoke an existing | ||||||
13 | registration certificate:
| ||||||
14 | (1) for failure to meet any of the requirements of this | ||||||
15 | Act, including the requirements for renewal under Section | ||||||
16 | 135, or any other applicable federal, state, or local law | ||||||
17 | relating to firearms or ammunition;
| ||||||
18 | (2) for fraud or misrepresentation in securing a | ||||||
19 | registration certificate;
| ||||||
20 | (3) if the applicant is or becomes prohibited from | ||||||
21 | purchasing or possessing a firearm under federal, State, or | ||||||
22 | local law; or
| ||||||
23 | (4) upon the occurrence of any event or circumstance | ||||||
24 | that would disqualify the registrant from being issued the | ||||||
25 | original registration certificate.
|
| |||||||
| |||||||
1 | Section 120. Features and use of firearm registration | ||||||
2 | certificates.
| ||||||
3 | (a) If the application to register a firearm is approved, | ||||||
4 | the Department shall issue to the registrant a registration | ||||||
5 | certificate on a form prescribed by the Department for each | ||||||
6 | firearm listed on the application. Each registration | ||||||
7 | certificate must contain the date of the registration, a unique | ||||||
8 | registration number, the registrant's name, residence address, | ||||||
9 | date of birth, photograph, the make, model, manufacturer's | ||||||
10 | name, caliber or gauge and serial number of the firearm, the | ||||||
11 | date the registration certificate expires, and other personal | ||||||
12 | information as may be required by the Department.
| ||||||
13 | (b) The registration certificate shall not be transferable | ||||||
14 | or assignable.
| ||||||
15 | Section 125. Appeal procedure.
| ||||||
16 | (a) If an application to register a firearm or to renew a | ||||||
17 | registration certificate is denied, or if a registration | ||||||
18 | certificate is revoked, the Department shall inform the | ||||||
19 | applicant or registrant in writing of the reasons for the | ||||||
20 | denial or revocation, and of the appeal procedures under this | ||||||
21 | Section. The applicant may, within 30 days after receiving | ||||||
22 | notice of the denial or revocation, file an appeal of the | ||||||
23 | denial or revocation with the Department. The appeal must be | ||||||
24 | made in writing, setting forth the specific grounds for the | ||||||
25 | appeal.
|
| |||||||
| |||||||
1 | (b) If the applicant or registrant submits a timely appeal, | ||||||
2 | the Department shall hold a hearing to reconsider its decision. | ||||||
3 | The Department shall provide a written decision regarding the | ||||||
4 | appeal. The decision of the Department upon reconsideration | ||||||
5 | shall be subject to judicial review.
| ||||||
6 | (c) In the event that the decision to deny the application | ||||||
7 | or revoke the registration certificate is affirmed, the | ||||||
8 | decision to deny the application or revoke the registration | ||||||
9 | shall become final only after the time for judicial review of | ||||||
10 | the decision upon reconsideration has expired.
| ||||||
11 | Section 130. Surrender and removal of firearms upon denial | ||||||
12 | or revocation of registration.
| ||||||
13 | (a) When a decision to deny an application to register, to | ||||||
14 | renew a registration certificate, or to revoke a registration | ||||||
15 | certificate becomes final, the applicant or registrant must | ||||||
16 | immediately surrender to the Department the firearm for which | ||||||
17 | the applicant was denied registration or renewal or for which | ||||||
18 | the registration certificate was revoked.
| ||||||
19 | (b) If an applicant or registrant fails to surrender his or | ||||||
20 | her firearm to the Department after he or she receives notice | ||||||
21 | that the decision to deny an application to register, to renew | ||||||
22 | or to revoke a registration certificate becomes final, the | ||||||
23 | Department shall retrieve the firearm within 48 hours.
| ||||||
24 | Section 135. Duration and renewal.
|
| |||||||
| |||||||
1 | (a) Registration certificates shall expire automatically 2 | ||||||
2 | years after the date of issuance. To apply for renewal of a | ||||||
3 | registration certificate, the registrant shall complete an | ||||||
4 | application for registration as described in Section 105.
| ||||||
5 | (b) The Department shall mail renewal notices to each | ||||||
6 | registrant at least 90 days prior to expiration of the | ||||||
7 | registration certificate. Applications for renewal shall be | ||||||
8 | received by the Department 30 days prior to the expiration of | ||||||
9 | the current registration certificate. | ||||||
10 | (c) The renewal process for each registrant shall include a | ||||||
11 | background check, as provided in Section 110.
| ||||||
12 | (d) The Department shall follow the procedures of Section | ||||||
13 | 115 in approving or denying the application for renewal.
| ||||||
14 | Section 140. Firearm registration records.
The Department | ||||||
15 | shall retain an accurate record of each application for a | ||||||
16 | registration certificate, received and acted upon, together | ||||||
17 | with any other information pertaining thereto on any | ||||||
18 | applications issued or denied under the provisions of this Act. | ||||||
19 | The information shall be maintained in an accessible manner and | ||||||
20 | available to any law enforcement agencies upon request.
| ||||||
21 | Section 145. Reporting requirements for registrants.
A | ||||||
22 | registrant shall report to the Department:
| ||||||
23 | (a) within 48 hours of the time he or she discovered or | ||||||
24 | should have discovered any change in his or her status that |
| |||||||
| |||||||
1 | would affect his or her eligibility to own or possess a firearm | ||||||
2 | or registration certificate; and
| ||||||
3 | (b) within 14 days of the occurrence of:
| ||||||
4 | (1) any change in the information appearing on the | ||||||
5 | registration certificate that would not affect his or her | ||||||
6 | eligibility for the registration certificate; or
| ||||||
7 | (2) the time he or she knew or should have known of the | ||||||
8 | loss, theft, or destruction of a registration certificate.
| ||||||
9 | Section 150. Sentence.
| ||||||
10 | (a) The following persons shall be subject to a civil | ||||||
11 | penalty not to exceed $5,000:
| ||||||
12 | (1) Any new resident who brings a firearm into the | ||||||
13 | State and who fails to lawfully dispose of or apply to | ||||||
14 | register the firearm within 90 days of entering this State.
| ||||||
15 | (2) Any person who acquires a firearm by operation of | ||||||
16 | law upon the death of the former owner and who fails to | ||||||
17 | lawfully dispose of or apply to register the firearm within | ||||||
18 | 90 days of acquiring the firearm.
| ||||||
19 | (3) Any person who owns or possesses a firearm in this | ||||||
20 | State on the effective date of this Act and fails to | ||||||
21 | lawfully dispose of or apply to register the firearm within | ||||||
22 | 120 days of the effective date of this Act. | ||||||
23 | (b) Any person who owns or possesses a firearm after his or | ||||||
24 | her registration certificate for that firearm has been revoked, | ||||||
25 | or any federally licensed firearms dealer who fails to comply |
| |||||||
| |||||||
1 | with its duties under Section 105 is guilty of a Class 4 | ||||||
2 | felony.
| ||||||
3 | (c) Except as provided in subsections (a) and (b) and in | ||||||
4 | Section 100, any person who owns or possesses an unregistered | ||||||
5 | firearm in the State that he or she did not own or possess on | ||||||
6 | the effective date of this Act is guilty of a Class 2 felony.
| ||||||
7 | (d) Any person who knowingly enters false information on an | ||||||
8 | application to register a firearm, who knowingly gives a false | ||||||
9 | answer to any question on the application, or who knowingly | ||||||
10 | submits false evidence in connection with an application is | ||||||
11 | guilty of a Class 2 felony.
| ||||||
12 | (e) Any person who acquires or possesses ammunition in | ||||||
13 | violation of subsection (a) of Section 95 is guilty of a Class | ||||||
14 | A misdemeanor.
| ||||||
15 | (f) Any person who transfers ammunition in violation of | ||||||
16 | subsection (b) of Section 95 is guilty of a Class 4 felony.
| ||||||
17 | (g) Any firearm or ammunition owned or possessed in | ||||||
18 | violation of this Act shall be subject to confiscation and | ||||||
19 | forfeiture to the State.
| ||||||
20 | Section 155. Definitions. As used in Sections 155 to 240 of | ||||||
21 | this Act:
| ||||||
22 | "Ammunition" has the same meaning as "firearm ammunition" | ||||||
23 | in Section 1.1 of the Firearm Owners Identification Card Act.
| ||||||
24 | "Applicant" means any person who applies for a dealer | ||||||
25 | permit, or the renewal of the permit, to sell, lease, or |
| |||||||
| |||||||
1 | transfer firearms or ammunition.
| ||||||
2 | "Department" means the Department of State Police.
| ||||||
3 | To "engage in the business of selling, leasing, or | ||||||
4 | otherwise transferring firearms or ammunition" means to:
| ||||||
5 | (1) Conduct a business selling, leasing or | ||||||
6 | transferring firearms or ammunition;
| ||||||
7 | (2) Hold one's self out as engaged in the business of | ||||||
8 | selling, leasing or otherwise transferring firearms or | ||||||
9 | ammunition; or
| ||||||
10 | (3) Sell, lease or transfer firearms or ammunition in | ||||||
11 | quantity, in series, or in individual transactions, or in | ||||||
12 | any other manner indicative of trade.
| ||||||
13 | "Firearm" has the same meaning as "firearm" in Section 1.1 | ||||||
14 | of the Firearm Owners Identification Card Act.
| ||||||
15 | "Dealer permit" means a permit issued by the Department to | ||||||
16 | sell, lease, or transfer firearms or ammunition under this Act.
| ||||||
17 | "Permittee" or "firearms dealer permittee" means any | ||||||
18 | person engaged in the business of selling, leasing, or | ||||||
19 | otherwise transferring any firearm or ammunition who has | ||||||
20 | obtained a permit from the Department to sell, lease, or | ||||||
21 | transfer firearms or ammunition under this Act.
| ||||||
22 | "Person" means any individual, corporation, company, | ||||||
23 | association, firm, partnership, club, organization, society, | ||||||
24 | joint stock company, or other entity.
| ||||||
25 | Section 160. Permit requirement.
It is unlawful for any |
| |||||||
| |||||||
1 | person to engage in the business of selling, leasing, or | ||||||
2 | otherwise transferring firearms or ammunition without a dealer | ||||||
3 | permit, as required by this Act.
| ||||||
4 | Section 165. Application for a dealer permit.
| ||||||
5 | (a) Any person who is required to obtain a dealer permit | ||||||
6 | under this Act shall:
| ||||||
7 | (1) Appear in person at a time and place designated by | ||||||
8 | the Department;
| ||||||
9 | (2) Complete and submit to the Department an | ||||||
10 | application, in writing, signed under penalty of perjury, | ||||||
11 | on a form prescribed by the Department;
| ||||||
12 | (3) Provide any relevant information requested to | ||||||
13 | demonstrate compliance with this Act, including:
| ||||||
14 | (A) the applicant's full name and any other name by | ||||||
15 | which the applicant has ever been known;
| ||||||
16 | (B) the home address and telephone number of the | ||||||
17 | applicant;
| ||||||
18 | (C) the present occupation, business address, and | ||||||
19 | business telephone number of the applicant;
| ||||||
20 | (D) the license or permit numbers of any federal, | ||||||
21 | state, or local licenses or permits held by the | ||||||
22 | applicant that authorize the applicant to sell, lease, | ||||||
23 | or otherwise transfer firearms or ammunition, if any;
| ||||||
24 | (E) information relating to every other license or | ||||||
25 | permit to sell, lease, transfer, purchase, or possess |
| |||||||
| |||||||
1 | firearms or ammunition which was sought by the | ||||||
2 | applicant from the federal government or from any state | ||||||
3 | or subdivision of any state, including, but not limited | ||||||
4 | to, the type of license or permit sought, the date of | ||||||
5 | each application and whether it resulted in the | ||||||
6 | issuance of the license or permit, and the date and | ||||||
7 | circumstances of any revocation or suspension;
| ||||||
8 | (F) the address of the proposed location for which | ||||||
9 | the permit is sought, if different than applicant's | ||||||
10 | business address; | ||||||
11 | (G) the business name, and the name of any | ||||||
12 | corporation, partnership, or other entity that has any | ||||||
13 | ownership in, or control over, the business;
| ||||||
14 | (H) the names, dates of birth, and addresses of any | ||||||
15 | persons who will have access to or control of workplace | ||||||
16 | firearms or ammunition, including but not limited to, | ||||||
17 | the applicant's employees, agents, and supervisors, if | ||||||
18 | any;
| ||||||
19 | (I) proof of a possessory interest in the property | ||||||
20 | at which the proposed business will be conducted, as | ||||||
21 | owner, lessee, or other legal occupant, and, if the | ||||||
22 | applicant is not the owner of record of the real | ||||||
23 | property upon which the applicant's business is to be | ||||||
24 | located and conducted, the written consent of the owner | ||||||
25 | of record of the real property to the applicant's | ||||||
26 | proposed business;
|
| |||||||
| |||||||
1 | (J) the date, location, and nature of any criminal | ||||||
2 | convictions of the applicant, if any, in any | ||||||
3 | jurisdiction in the United States;
| ||||||
4 | (K) proof that the applicant has applied for or | ||||||
5 | received a certificate of registration under the | ||||||
6 | Retailers' Occupation Tax Act; and
| ||||||
7 | (L) written approval from the local sheriff of the | ||||||
8 | county or chief of police of the city in which the | ||||||
9 | business is located, together with a statement of any | ||||||
10 | additional requirements or conditions the business | ||||||
11 | must fulfill in order to comply with local law, | ||||||
12 | including requirements or conditions imposed by the | ||||||
13 | sheriff or chief at his or her discretion.
| ||||||
14 | (b) The Department may charge a fee to cover the | ||||||
15 | administrative costs of the issuance of the permit.
| ||||||
16 | Section 170. Investigation by Department and employee | ||||||
17 | background checks.
| ||||||
18 | (a) The Department shall conduct an investigation to | ||||||
19 | determine, for the protection of public health and safety, | ||||||
20 | whether the dealer permit may be issued or renewed. The | ||||||
21 | Department shall require: (1) the applicant; and (2) any | ||||||
22 | persons who will have access to or control of workplace | ||||||
23 | firearms or ammunition, including but not limited to the | ||||||
24 | applicant's employees, agents, or supervisors, or both, if any, | ||||||
25 | to provide fingerprints, a recent photograph, a signed |
| |||||||
| |||||||
1 | authorization for the release of pertinent records, and any | ||||||
2 | additional information which the Department considers | ||||||
3 | necessary to complete the investigation. The investigation | ||||||
4 | shall include the initiation and completion of an automated | ||||||
5 | search of the Department's criminal history record information | ||||||
6 | files and those of the Federal Bureau of Investigation, | ||||||
7 | including the National Instant Criminal Background Check | ||||||
8 | System, and of the files of the Department of Human Services | ||||||
9 | relating to mental health and developmental disabilities to | ||||||
10 | obtain any information that would disqualify a person from a | ||||||
11 | dealer permit under this Act.
| ||||||
12 | (b) Prior to issuance or renewal of the dealer permit, the | ||||||
13 | Department shall inspect the premises of the proposed business | ||||||
14 | to ensure compliance with this Act.
| ||||||
15 | (c) The Department may grant or renew a dealer permit if | ||||||
16 | the applicant or permittee is in compliance with this Act and | ||||||
17 | any other applicable federal, State, and local laws.
| ||||||
18 | Section 175. Grounds for permit denial.
| ||||||
19 | (a) The Department shall deny the issuance or renewal of a | ||||||
20 | dealer permit if the operation of the business would not or | ||||||
21 | does not comply with federal, State, or local law, or if the | ||||||
22 | applicant or permittee:
| ||||||
23 | (1) is under 21 years of age;
| ||||||
24 | (2) is not licensed as required by any applicable | ||||||
25 | federal, State, and local laws;
|
| |||||||
| |||||||
1 | (3) has made a false or misleading statement of a | ||||||
2 | material fact or omission of a material fact in the | ||||||
3 | application for a dealer permit, or in any other documents | ||||||
4 | submitted to the Department under this Act. If a permit is | ||||||
5 | denied on this ground, the applicant is prohibited from | ||||||
6 | reapplying for a permit for a period of 5 years;
| ||||||
7 | (4) has had a license or permit to sell, lease, | ||||||
8 | transfer, purchase, or possess firearms or ammunition from | ||||||
9 | the federal government or the government of any state or | ||||||
10 | subdivision of any state revoked, suspended, or denied for | ||||||
11 | good cause within the preceding 5 years;
| ||||||
12 | (5) is prohibited by any federal, State, or local law | ||||||
13 | from purchasing or possessing firearms or ammunition, or | ||||||
14 | has been convicted of: | ||||||
15 | (A) an offense relating to the manufacture, sale, | ||||||
16 | possession or use of a firearm or dangerous or deadly | ||||||
17 | weapon or ammunition therefor;
| ||||||
18 | (B) an offense involving the use of force or | ||||||
19 | violence upon the person of another;
| ||||||
20 | (C) an offense involving theft, fraud, dishonesty, | ||||||
21 | or deceit;
| ||||||
22 | (D) within the preceding 5 years, an offense | ||||||
23 | involving the manufacture, sale, possession, or use of | ||||||
24 | a controlled substance; or
| ||||||
25 | (6) is currently, or has been within the preceding 5 | ||||||
26 | years, an unlawful user of or addicted to a controlled |
| |||||||
| |||||||
1 | substance.
| ||||||
2 | (b) Employees, agents or supervisors of the applicant or | ||||||
3 | permittee may not have access to or control over workplace | ||||||
4 | firearms or ammunition until the Department has conducted an | ||||||
5 | investigation under Section 170, and verified that none of the | ||||||
6 | conditions listed in paragraph (1), (4), (5), or (6) of | ||||||
7 | subsection (a) of this Section exist, as applied to those | ||||||
8 | employees, agents or supervisors. A new law enforcement | ||||||
9 | investigation and background verification of the persons must | ||||||
10 | be conducted each time the permittee renews his or her permit, | ||||||
11 | or applies for a new permit. Except as provided in subsection | ||||||
12 | (c), the Department shall deny the issuance or renewal of | ||||||
13 | dealer permit, or shall revoke an existing permit, if the | ||||||
14 | applicant or permittee allows any employee, agent, or | ||||||
15 | supervisor to have access to or control over workplace firearms | ||||||
16 | or ammunition prior to the completion of the law enforcement | ||||||
17 | investigation and background verification of those persons, or | ||||||
18 | if those persons have not undergone the law enforcement | ||||||
19 | investigation and background verification process within the | ||||||
20 | last 5 years.
| ||||||
21 | (c) Where an applicant is applying for a dealer permit to | ||||||
22 | sell, lease, or transfer firearms or ammunition within the | ||||||
23 | first 180 days of the effective date of this Act, and where the | ||||||
24 | applicant has an existing firearms dealer business which | ||||||
25 | complies with any applicable federal, State and local laws, or | ||||||
26 | is not a seller of firearms but is already engaged in the sale |
| |||||||
| |||||||
1 | of ammunition:
| ||||||
2 | (1) the applicant's current employees, agents, or | ||||||
3 | supervisors may continue to have access to or control over | ||||||
4 | workplace firearms and ammunition pending the completion | ||||||
5 | of the Department's investigation and background | ||||||
6 | verification; and
| ||||||
7 | (2) where one or more of the applicant's employees, | ||||||
8 | agents, or supervisors are found to be in violation of the | ||||||
9 | conditions listed in paragraph (1), (4), (5), or (6) of | ||||||
10 | subsection (a) of this Section, the applicant has 60 days | ||||||
11 | from the mailing of written notification from the | ||||||
12 | Department to verify that the persons have been removed or | ||||||
13 | reassigned so that they no longer have access to or control | ||||||
14 | of workplace firearms or ammunition. Failure of the | ||||||
15 | applicant to comply with this subsection shall cause the | ||||||
16 | Department to deny the application for a dealer permit.
| ||||||
17 | (d) A person who knowingly makes a false statement or | ||||||
18 | knowingly conceals a material fact or uses false information or | ||||||
19 | identification in any application for a dealer permit under | ||||||
20 | this Act commits a Class A misdemeanor.
| ||||||
21 | Section 180. Issuance of dealer permit; duration.
| ||||||
22 | (a) A dealer permit expires 5 years after the date of | ||||||
23 | issuance. A permit may be renewed for an additional 5-year | ||||||
24 | period if the permittee submits a timely application for | ||||||
25 | renewal, accompanied by a nonrefundable renewal fee |
| |||||||
| |||||||
1 | established by the Department. Renewal of the permit is | ||||||
2 | contingent upon the permittee's compliance with the terms and | ||||||
3 | conditions of the original application and permit, as detailed | ||||||
4 | in this Act, and any additional conditions arising from | ||||||
5 | newly-adopted laws or determined by rules adopted by the | ||||||
6 | Department. Department personnel shall inspect the permitted | ||||||
7 | business premises for compliance with this Act prior to renewal | ||||||
8 | of the permit. The renewal application and the renewal fee must | ||||||
9 | be received by the Department no later than 90 days before the | ||||||
10 | expiration of the current permit.
| ||||||
11 | (b) A decision regarding issuance or renewal of the dealer | ||||||
12 | permit may be appealed in the manner provided under the | ||||||
13 | Illinois Administrative Procedure Act.
| ||||||
14 | Section 185. Revocation of dealer permit. The Department | ||||||
15 | may revoke the dealer permit of any person found to be in | ||||||
16 | violation of any provision of this Act or any other applicable | ||||||
17 | federal, State, or local law.
| ||||||
18 | Section 190. Report of permit revocation to federal | ||||||
19 | authorities. In addition to any other penalty or remedy, the | ||||||
20 | Department shall report any person or entity whose dealer | ||||||
21 | permit is revoked under this Act to the Bureau of Alcohol, | ||||||
22 | Tobacco, Firearms and Explosives within the U.S. Department of | ||||||
23 | Justice, and to the local sheriff or Chief of Police.
|
| |||||||
| |||||||
1 | Section 195. Display of dealer permit. The dealer permit, | ||||||
2 | or a certified copy of it, shall be displayed in a prominent | ||||||
3 | place on the business premises where it can be easily seen by | ||||||
4 | those entering the premises.
| ||||||
5 | Section 200. Nonassignability. A dealer permit issued | ||||||
6 | under this Act is not assignable. Any attempt to assign a | ||||||
7 | dealer permit shall result in revocation of the permit.
| ||||||
8 | Section 205. Compliance by existing businesses. A person | ||||||
9 | engaged in the business of selling, leasing, or otherwise | ||||||
10 | transferring any firearm or ammunition on the effective date of | ||||||
11 | this Act shall, within 90 days of the effective date, comply | ||||||
12 | with this Act. However, any person whose business is located in | ||||||
13 | any location described in Section 220 of this Act may continue | ||||||
14 | to sell, lease, or transfer firearms or ammunition for up to 2 | ||||||
15 | years after the effective date of this Act. After the 2-year | ||||||
16 | period has expired, any of those persons is prohibited from | ||||||
17 | selling, leasing, or transferring firearms or ammunition in the | ||||||
18 | named location.
| ||||||
19 | Section 210. Law enforcement inspections. Permittees shall | ||||||
20 | have their places of business open for inspection by federal, | ||||||
21 | State, and local law enforcement during any hours of operation. | ||||||
22 | The Department shall conduct an inspection of the business in | ||||||
23 | connection with the initial issuance of a permit, and |
| |||||||
| |||||||
1 | thereafter conduct an inspection in connection with each | ||||||
2 | renewal of the permit. Permittees shall maintain any records, | ||||||
3 | documents, firearms, and ammunition in a manner and place | ||||||
4 | accessible for inspection by federal, State and local law | ||||||
5 | enforcement.
| ||||||
6 | Section 215. On-site security. | ||||||
7 | (a) Every firearm and ammunition in the inventory of a | ||||||
8 | permittee must be kept at the permitted business location. | ||||||
9 | (b) No firearm may be displayed in any outer window of the | ||||||
10 | business premises of the permittee or in any other place where | ||||||
11 | it can readily be seen from the outside. | ||||||
12 | (c) The Department shall adopt standards specifying | ||||||
13 | minimum security requirements for permittees. By January 1, | ||||||
14 | 2015, every permittee shall comply with the standards. Failure | ||||||
15 | to fully comply with the security requirements imposed by the | ||||||
16 | Department shall be sufficient cause for denial or revocation | ||||||
17 | of the permit by the Department. The standards may provide for: | ||||||
18 | (1) the manner of securing firearms and ammunition when | ||||||
19 | the location is both open and closed for business; | ||||||
20 | (2) alarm systems for permittees; and | ||||||
21 | (3) other reasonable requirements to reduce the risk of | ||||||
22 | burglaries and other crimes or accidents at permittees' | ||||||
23 | business establishments.
| ||||||
24 | Section 220. Location of business premises. |
| |||||||
| |||||||
1 | (a) The business of a permittee shall be carried on only in | ||||||
2 | the building located at the street address shown on the permit. | ||||||
3 | This requirement does not prohibit the permittee from | ||||||
4 | participating in a gun show or event as defined under federal | ||||||
5 | law that is authorized by federal, State, or local law upon | ||||||
6 | compliance with those laws. | ||||||
7 | (b) The business premises shall not be located in any | ||||||
8 | district or area that is zoned for residential use, or within | ||||||
9 | 1,000 feet of any school, pre-school, day-care facility, park, | ||||||
10 | community center, place of worship, liquor store, bar, youth | ||||||
11 | center, video arcade, amusement park (not including a temporary | ||||||
12 | carnival or similar event), or residentially zoned district or | ||||||
13 | area.
| ||||||
14 | Section 225. Warnings to consumers. The Department may | ||||||
15 | require permittees to post warnings or otherwise provide | ||||||
16 | information to consumers regarding firearms laws and the safe | ||||||
17 | storage of firearms. A permittee shall post any warnings or | ||||||
18 | provide any information to consumers as required by the | ||||||
19 | Department.
| ||||||
20 | Section 230. Precautions against illegal sales. | ||||||
21 | (a) The permittee shall refuse to sell or transfer a | ||||||
22 | firearm to any person the permittee knows or has reason to know | ||||||
23 | is purchasing the firearm on behalf of another person, unless | ||||||
24 | the person purchasing the firearm from the permittee is another |
| |||||||
| |||||||
1 | permittee. | ||||||
2 | (b) The permittee shall refuse to sell or transfer a | ||||||
3 | firearm to any person the permittee knows or has reason to know | ||||||
4 | is purchasing the firearm with the intent to resell or transfer | ||||||
5 | the firearm in violation of federal, State, or local law. | ||||||
6 | (c) The permittee shall refuse to sell or transfer a | ||||||
7 | firearm to any person who has provided a home address in a | ||||||
8 | municipality or county in which possession of that type of | ||||||
9 | firearm is illegal, unless the transferee presents reasonably | ||||||
10 | satisfactory evidence that the firearm will not be used or | ||||||
11 | possessed unlawfully in that municipality or county. | ||||||
12 | (d) The permittee shall refuse to sell or transfer a | ||||||
13 | firearm to any person who has provided a home address in a | ||||||
14 | municipality or county that requires a license for or | ||||||
15 | registration of the firearm, unless the purchaser presents | ||||||
16 | satisfactory evidence of compliance with the licensing or | ||||||
17 | registration requirement.
| ||||||
18 | Section 235. Penalty. Any person who engages in the | ||||||
19 | business of selling, leasing, or otherwise transferring | ||||||
20 | firearms or ammunition without a dealer permit as required by | ||||||
21 | this Act is guilty of a Class 4 felony.
| ||||||
22 | Section 240. Enforcement; rulemaking. | ||||||
23 | (a) This Act must be enforced by the Department, and may be | ||||||
24 | enforced, for the purpose of determining compliance with this |
| |||||||
| |||||||
1 | Act, by any municipality in which the licensee is located or, | ||||||
2 | if the licensee is not located in a municipality, by the county | ||||||
3 | in which the licensee is located. | ||||||
4 | (b) The Department shall adopt rules necessary for the | ||||||
5 | implementation and administration of this Act.
| ||||||
6 | Section 245. The Freedom of Information Act is amended by | ||||||
7 | changing Section 7.5 as follows:
| ||||||
8 | (5 ILCS 140/7.5) | ||||||
9 | Sec. 7.5. Statutory Exemptions. To the extent provided for | ||||||
10 | by the statutes referenced below, the following shall be exempt | ||||||
11 | from inspection and copying: | ||||||
12 | (a) All information determined to be confidential under | ||||||
13 | Section 4002 of the Technology Advancement and Development Act. | ||||||
14 | (b) Library circulation and order records identifying | ||||||
15 | library users with specific materials under the Library Records | ||||||
16 | Confidentiality Act. | ||||||
17 | (c) Applications, related documents, and medical records | ||||||
18 | received by the Experimental Organ Transplantation Procedures | ||||||
19 | Board and any and all documents or other records prepared by | ||||||
20 | the Experimental Organ Transplantation Procedures Board or its | ||||||
21 | staff relating to applications it has received. | ||||||
22 | (d) Information and records held by the Department of | ||||||
23 | Public Health and its authorized representatives relating to | ||||||
24 | known or suspected cases of sexually transmissible disease or |
| |||||||
| |||||||
1 | any information the disclosure of which is restricted under the | ||||||
2 | Illinois Sexually Transmissible Disease Control Act. | ||||||
3 | (e) Information the disclosure of which is exempted under | ||||||
4 | Section 30 of the Radon Industry Licensing Act. | ||||||
5 | (f) Firm performance evaluations under Section 55 of the | ||||||
6 | Architectural, Engineering, and Land Surveying Qualifications | ||||||
7 | Based Selection Act. | ||||||
8 | (g) Information the disclosure of which is restricted and | ||||||
9 | exempted under Section 50 of the Illinois Prepaid Tuition Act. | ||||||
10 | (h) Information the disclosure of which is exempted under | ||||||
11 | the State Officials and Employees Ethics Act, and records of | ||||||
12 | any lawfully created State or local inspector general's office | ||||||
13 | that would be exempt if created or obtained by an Executive | ||||||
14 | Inspector General's office under that Act. | ||||||
15 | (i) Information contained in a local emergency energy plan | ||||||
16 | submitted to a municipality in accordance with a local | ||||||
17 | emergency energy plan ordinance that is adopted under Section | ||||||
18 | 11-21.5-5 of the Illinois Municipal Code. | ||||||
19 | (j) Information and data concerning the distribution of | ||||||
20 | surcharge moneys collected and remitted by wireless carriers | ||||||
21 | under the Wireless Emergency Telephone Safety Act. | ||||||
22 | (k) Law enforcement officer identification information or | ||||||
23 | driver identification information compiled by a law | ||||||
24 | enforcement agency or the Department of Transportation under | ||||||
25 | Section 11-212 of the Illinois Vehicle Code. | ||||||
26 | (l) Records and information provided to a residential |
| |||||||
| |||||||
1 | health care facility resident sexual assault and death review | ||||||
2 | team or the Executive Council under the Abuse Prevention Review | ||||||
3 | Team Act. | ||||||
4 | (m) Information provided to the predatory lending database | ||||||
5 | created pursuant to Article 3 of the Residential Real Property | ||||||
6 | Disclosure Act, except to the extent authorized under that | ||||||
7 | Article. | ||||||
8 | (n) Defense budgets and petitions for certification of | ||||||
9 | compensation and expenses for court appointed trial counsel as | ||||||
10 | provided under Sections 10 and 15 of the Capital Crimes | ||||||
11 | Litigation Act. This subsection (n) shall apply until the | ||||||
12 | conclusion of the trial of the case, even if the prosecution | ||||||
13 | chooses not to pursue the death penalty prior to trial or | ||||||
14 | sentencing. | ||||||
15 | (o) Information that is prohibited from being disclosed | ||||||
16 | under Section 4 of the Illinois Health and Hazardous Substances | ||||||
17 | Registry Act. | ||||||
18 | (p) Security portions of system safety program plans, | ||||||
19 | investigation reports, surveys, schedules, lists, data, or | ||||||
20 | information compiled, collected, or prepared by or for the | ||||||
21 | Regional Transportation Authority under Section 2.11 of the | ||||||
22 | Regional Transportation Authority Act or the St. Clair County | ||||||
23 | Transit District under the Bi-State Transit Safety Act. | ||||||
24 | (q) Information prohibited from being disclosed by the | ||||||
25 | Personnel Records Review Act. | ||||||
26 | (r) Information prohibited from being disclosed by the |
| |||||||
| |||||||
1 | Illinois School Student Records Act. | ||||||
2 | (s) Information the disclosure of which is restricted under | ||||||
3 | Section 5-108 of the Public Utilities Act.
| ||||||
4 | (t) All identified or deidentified health information in | ||||||
5 | the form of health data or medical records contained in, stored | ||||||
6 | in, submitted to, transferred by, or released from the Illinois | ||||||
7 | Health Information Exchange, and identified or deidentified | ||||||
8 | health information in the form of health data and medical | ||||||
9 | records of the Illinois Health Information Exchange in the | ||||||
10 | possession of the Illinois Health Information Exchange | ||||||
11 | Authority due to its administration of the Illinois Health | ||||||
12 | Information Exchange. The terms "identified" and | ||||||
13 | "deidentified" shall be given the same meaning as in the Health | ||||||
14 | Insurance Accountability and Portability Act of 1996, Public | ||||||
15 | Law 104-191, or any subsequent amendments thereto, and any | ||||||
16 | regulations promulgated thereunder. | ||||||
17 | (u) Records and information provided to an independent team | ||||||
18 | of experts under Brian's Law. | ||||||
19 | (v) Names and information of people who have applied for or | ||||||
20 | received Firearm Owner's Identification Cards under the | ||||||
21 | Firearm Owners Identification Card Act. | ||||||
22 | (w) Personally identifiable information which is exempted | ||||||
23 | from disclosure under subsection (g) of Section 19.1 of the | ||||||
24 | Toll Highway Act. | ||||||
25 | (x) Information which is exempted from disclosure under | ||||||
26 | Section 5-1014.3 of the Counties Code or Section 8-11-21 of the |
| |||||||
| |||||||
1 | Illinois Municipal Code. | ||||||
2 | (y) Information maintained by the Department of State | ||||||
3 | Police in accordance with subsection (a) of Section 35 and | ||||||
4 | Section 140 of the Gun Safety and Responsibility Act, except as | ||||||
5 | authorized by that Act. | ||||||
6 | (Source: P.A. 96-542, eff. 1-1-10; 96-1235, eff. 1-1-11; | ||||||
7 | 96-1331, eff. 7-27-10; 97-80, eff. 7-5-11; 97-333, eff. | ||||||
8 | 8-12-11; 97-342, eff. 8-12-11; 97-813, eff. 7-13-12; 97-976, | ||||||
9 | eff. 1-1-13.)
| ||||||
10 | Section 250. The Firearm Owners Identification Card Act is | ||||||
11 | amended by changing Sections 3, 3.1, and 8 as follows:
| ||||||
12 | (430 ILCS 65/3) (from Ch. 38, par. 83-3) | ||||||
13 | Sec. 3. (a) Except as provided in Section 3a, no person may | ||||||
14 | knowingly
transfer, or cause to be transferred, any firearm, | ||||||
15 | firearm ammunition, stun gun, or taser to any person within | ||||||
16 | this State unless the
transferee with whom he deals displays a | ||||||
17 | currently valid Firearm Owner's
Identification Card which has | ||||||
18 | previously been issued in his name by the
Department of State | ||||||
19 | Police under the provisions of this Act. In addition,
all | ||||||
20 | firearm, stun gun, and taser transfers by federally licensed | ||||||
21 | firearm dealers are subject
to Section 3.1. | ||||||
22 | (a-5) Any person who is not a firearms dealer permittee | ||||||
23 | under the Gun Safety and Responsibility Act federally licensed | ||||||
24 | firearm dealer and who desires to transfer or sell a firearm to |
| |||||||
| |||||||
1 | another person, who is not a firearms dealer permittee under | ||||||
2 | the Act, shall do so only through a firearms dealer permittee, | ||||||
3 | as follows: | ||||||
4 | (1) the seller or other transferor shall deliver the | ||||||
5 | firearm to the permittee, who shall retain possession of | ||||||
6 | the firearm until every legal requirement for the sale or | ||||||
7 | other transfer has been met, including compliance with any | ||||||
8 | State or local waiting periods; | ||||||
9 | (2) the permittee shall process the sale or other | ||||||
10 | transfer as if he or she were the seller or other | ||||||
11 | transferor and the permittee shall comply with any | ||||||
12 | requirements of federal, State, and local law that would | ||||||
13 | apply if he or she were the seller or other transferor of | ||||||
14 | the firearm; | ||||||
15 | (3) the permittee shall conduct a background check on | ||||||
16 | the purchaser or other transferee in accordance with 18 | ||||||
17 | U.S.C. 922(t) and State and local law and, if the | ||||||
18 | transaction is not prohibited, deliver the firearm to that | ||||||
19 | person after any other legal requirements are met; | ||||||
20 | (4) if the permittee cannot legally deliver the firearm | ||||||
21 | to the purchaser or other transferee, the permittee shall | ||||||
22 | conduct a background check on the seller or other | ||||||
23 | transferor in accordance with 18 U.S.C. 922(t), and State | ||||||
24 | and local law, and, if the return is not prohibited, return | ||||||
25 | the firearm to that person; | ||||||
26 | (5) if the permittee cannot legally return the firearm |
| |||||||
| |||||||
1 | to the seller or other transferor, the permittee shall | ||||||
2 | deliver the firearm to local law enforcement within 24 | ||||||
3 | hours; and | ||||||
4 | (6) the purchaser or transferee may be required by the | ||||||
5 | dealer permittee to pay a fee not to exceed $10 per | ||||||
6 | firearm, which the dealer permittee may retain as | ||||||
7 | compensation for performing the functions required under | ||||||
8 | this subsection, plus the applicable fees authorized by | ||||||
9 | Section 3.1. The provisions of this subsection (a-5) do not | ||||||
10 | apply to: | ||||||
11 | (A) any law enforcement or corrections agency, or | ||||||
12 | law enforcement or corrections officer acting within | ||||||
13 | the course and scope of his or her employment or | ||||||
14 | official duties; | ||||||
15 | (B) a United States Marshal or member of the armed | ||||||
16 | forces of the United States or the National Guard, or a | ||||||
17 | federal official transferring or receiving a firearm | ||||||
18 | as required in the operation of his or her official | ||||||
19 | duties; | ||||||
20 | (C) a gunsmith who receives a firearm solely for | ||||||
21 | the purposes of service or repair, or the return of the | ||||||
22 | firearm to its owner by the gunsmith; | ||||||
23 | (D) a common carrier, warehouseman, or other | ||||||
24 | person engaged in the business of transportation or | ||||||
25 | storage, to the extent that the receipt of any firearm | ||||||
26 | is in the ordinary course of business and not for the |
| |||||||
| |||||||
1 | personal use of the person; | ||||||
2 | (E) a person who is loaned a firearm solely for the | ||||||
3 | purpose of shooting at targets, if the loan occurs on | ||||||
4 | the premises of a properly licensed target facility, | ||||||
5 | and the firearm is always kept within the premises of | ||||||
6 | the target range; | ||||||
7 | (F) a person who is under 18 years of age who is | ||||||
8 | loaned a firearm for lawful hunting or sporting | ||||||
9 | purposes or for any other lawful recreational activity | ||||||
10 | while under the direct supervision and control of a | ||||||
11 | responsible adult; | ||||||
12 | (G) a person who is 18 years of age or older who is | ||||||
13 | loaned a firearm while the person is accompanying the | ||||||
14 | lawful owner and using the firearm for lawful hunting | ||||||
15 | or sporting purposes or for any other lawful | ||||||
16 | recreational activity; | ||||||
17 | (H) a person who acquired the firearm by operation | ||||||
18 | of law upon the death of the former owner of the | ||||||
19 | firearm within the preceding 60 days. At the end of the | ||||||
20 | 60-day period, the person must either have lawfully | ||||||
21 | transferred the firearm or must have contacted the | ||||||
22 | Department of State Police to notify the department | ||||||
23 | that he or she has possession of the firearm and | ||||||
24 | intends to retain possession of the firearm, in | ||||||
25 | compliance with any federal, State, and local laws, at | ||||||
26 | which time the Department of State Police shall conduct |
| |||||||
| |||||||
1 | a background check on the person; or | ||||||
2 | (I) an adult family member of the lawful owner of | ||||||
3 | the firearm if the owner resides with the family member | ||||||
4 | but is not currently present in the residence, provided | ||||||
5 | that the family member does not maintain control over | ||||||
6 | the firearm for more than 14 consecutive days. This | ||||||
7 | exception shall not apply if the owner or the family | ||||||
8 | member knows or has reasonable cause to believe that | ||||||
9 | federal, State, or local law prohibits the family | ||||||
10 | member from purchasing or possessing firearms, or the | ||||||
11 | owner knows or has reasonable cause to believe that the | ||||||
12 | family member is likely to use the firearm for unlawful | ||||||
13 | purposes. while that person is on the grounds of a gun | ||||||
14 | show must, before selling or transferring the firearm, | ||||||
15 | request the Department of State Police to conduct a | ||||||
16 | background check on the prospective recipient of the | ||||||
17 | firearm in accordance with Section 3.1. | ||||||
18 | (b) Any person within this State who transfers or causes to | ||||||
19 | be
transferred any firearm, stun gun, or taser shall keep a | ||||||
20 | record of such transfer for a period
of 10 years from the date | ||||||
21 | of transfer. Such record shall contain the date
of the | ||||||
22 | transfer; the description, serial number or other information
| ||||||
23 | identifying the firearm, stun gun, or taser if no serial number | ||||||
24 | is available; and, if the
transfer was completed within this | ||||||
25 | State, the transferee's Firearm Owner's
Identification Card | ||||||
26 | number. On or after January 1, 2006, the record shall contain |
| |||||||
| |||||||
1 | the date of application for transfer of the firearm. On demand | ||||||
2 | of a peace officer such transferor
shall produce for inspection | ||||||
3 | such record of transfer. If the transfer or sale took place at | ||||||
4 | a gun show, the record shall include the unique identification | ||||||
5 | number. Failure to record the unique identification number is a | ||||||
6 | petty offense.
| ||||||
7 | (b-5) Any resident may purchase ammunition from a person | ||||||
8 | within or outside of Illinois if shipment is by United States | ||||||
9 | mail or by a private express carrier authorized by federal law | ||||||
10 | to ship ammunition. Any resident purchasing ammunition within | ||||||
11 | or outside the State of Illinois must provide the seller with a | ||||||
12 | copy of his or her valid Firearm Owner's Identification Card | ||||||
13 | and either his or her Illinois driver's license or Illinois | ||||||
14 | State Identification Card prior to the shipment of the | ||||||
15 | ammunition. The ammunition may be shipped only to an address on | ||||||
16 | either of those 2 documents. | ||||||
17 | (c) The provisions of this Section regarding the transfer | ||||||
18 | of firearm
ammunition shall not apply to those persons | ||||||
19 | specified in paragraph (b) of
Section 2 of this Act. | ||||||
20 | (Source: P.A. 97-1135, eff. 12-4-12.)
| ||||||
21 | (430 ILCS 65/3.1) (from Ch. 38, par. 83-3.1)
| ||||||
22 | Sec. 3.1. Dial up system. | ||||||
23 | (a) The Department of State Police shall provide
a dial up | ||||||
24 | telephone system or utilize other existing technology which | ||||||
25 | shall be used by any federally licensed
firearm dealer, gun |
| |||||||
| |||||||
1 | show promoter, or gun show vendor who is to transfer a firearm, | ||||||
2 | stun gun, or taser under the provisions of this
Act. The | ||||||
3 | Department of State Police may utilize existing technology | ||||||
4 | which
allows the caller to be charged a fee not to exceed $2. | ||||||
5 | Fees collected by the Department of
State Police shall be | ||||||
6 | deposited in the State Police Services Fund and used
to provide | ||||||
7 | the service.
| ||||||
8 | (b) Upon receiving a request from a federally licensed | ||||||
9 | firearm dealer, gun show promoter, or gun show vendor, the
| ||||||
10 | Department of State Police shall immediately approve, or within | ||||||
11 | the time
period established by Section 24-3 of the Criminal | ||||||
12 | Code of 2012 regarding
the delivery of firearms, stun guns, and | ||||||
13 | tasers notify the inquiring dealer, gun show promoter, or gun | ||||||
14 | show vendor of any objection that
would disqualify the | ||||||
15 | transferee from acquiring or possessing a firearm, stun gun, or | ||||||
16 | taser. In
conducting the inquiry, the Department of State | ||||||
17 | Police shall initiate and
complete an automated search of its | ||||||
18 | criminal history record information
files and those of the | ||||||
19 | Federal Bureau of Investigation, including the
National | ||||||
20 | Instant Criminal Background Check System, and of the files of
| ||||||
21 | the Department of Human Services relating to mental health and
| ||||||
22 | developmental disabilities to obtain
any felony conviction or | ||||||
23 | patient hospitalization information which would
disqualify a | ||||||
24 | person from obtaining or require revocation of a currently
| ||||||
25 | valid Firearm Owner's Identification Card. | ||||||
26 | (c) If receipt of a firearm would not violate Section 24-3 |
| |||||||
| |||||||
1 | of the Criminal Code of 2012, federal law, or this Act the | ||||||
2 | Department of State Police shall: | ||||||
3 | (1) assign a unique identification number to the | ||||||
4 | transfer; and | ||||||
5 | (2) provide the licensee, gun show promoter, or gun | ||||||
6 | show vendor with the number. | ||||||
7 | (d) Approvals issued by the Department of State Police for | ||||||
8 | the purchase of a firearm are valid for 30 days from the date | ||||||
9 | of issue.
| ||||||
10 | (e) (1) The Department of State Police must act as the | ||||||
11 | Illinois Point of Contact
for the National Instant Criminal | ||||||
12 | Background Check System. | ||||||
13 | (2) The Department of State Police and the Department of | ||||||
14 | Human Services shall, in accordance with State and federal law | ||||||
15 | regarding confidentiality, enter into a memorandum of | ||||||
16 | understanding with the Federal Bureau of Investigation for the | ||||||
17 | purpose of implementing the National Instant Criminal | ||||||
18 | Background Check System in the State. The Department of State | ||||||
19 | Police shall report the name, date of birth, and physical | ||||||
20 | description of any person prohibited from possessing a firearm | ||||||
21 | pursuant to the Firearm Owners Identification Card Act or 18 | ||||||
22 | U.S.C. 922(g) and (n) to the National Instant Criminal | ||||||
23 | Background Check System Index, Denied Persons Files.
| ||||||
24 | (f) The Department of State Police shall promulgate rules | ||||||
25 | not inconsistent with this Section to implement this
system.
| ||||||
26 | (g) The Department of State Police shall develop an |
| |||||||
| |||||||
1 | Internet-based system which shall be used by any dealer who is | ||||||
2 | to transfer a firearm under the provisions of this Act after | ||||||
3 | January 1, 2015. The Department of State Police shall have the | ||||||
4 | system completed and available for use by that date. The | ||||||
5 | Department shall adopt rules not inconsistent with this Section | ||||||
6 | to implement this system. | ||||||
7 | (h) Effective January 1, 2015, the Internet-based system | ||||||
8 | shall be used for every sale or transfer of a firearm subject | ||||||
9 | to subsection (a-5) of Section 3 of this Act as follows: | ||||||
10 | (1) The federally licensed firearms dealer shall | ||||||
11 | utilize the internet-based system to request the | ||||||
12 | Department of State Police to conduct a background check | ||||||
13 | prior to sale or transfer of a firearm. The dealer shall be | ||||||
14 | required to enter any information that is required by | ||||||
15 | federal firearms transaction form 4473 into the system in | ||||||
16 | order to request a background check, along with the | ||||||
17 | transferee's Firearm Owner's Identification Card number. | ||||||
18 | If the sale or transfer is a private party transfer of a | ||||||
19 | firearm that the dealer is processing under Section 3 of | ||||||
20 | this Act, the dealer shall note this fact in the system, | ||||||
21 | along with the private seller or transferor's name and | ||||||
22 | address. | ||||||
23 | (2) The Department of State Police shall utilize the | ||||||
24 | system to notify the dealer of the approval or denial of | ||||||
25 | the sale or transfer and the unique identification number | ||||||
26 | assigned to the transfer. |
| |||||||
| |||||||
1 | (3) The dealer shall utilize the system to notify the | ||||||
2 | Department of State Police if and when delivery of the | ||||||
3 | firearm or firearms occurs. | ||||||
4 | (4) The Department of State Police shall require the | ||||||
5 | dealer to charge the transferee a fee sufficient to cover | ||||||
6 | the Department's costs associated with each use of this | ||||||
7 | system. Fees collected by the Department of State Police | ||||||
8 | shall be deposited in the State Police Services Fund and | ||||||
9 | used to provide the service. | ||||||
10 | (i) Effective January 1, 2015, the Department of State | ||||||
11 | Police shall keep and maintain a searchable database of any | ||||||
12 | information it sends or receives through the Internet-based | ||||||
13 | system under this Section, which information shall be | ||||||
14 | accessible to any law enforcement officer upon request, | ||||||
15 | including: | ||||||
16 | (1) information from federal firearms transaction form | ||||||
17 | 4473, including the name, address, date of birth, and | ||||||
18 | driver's license or other government-issued identification | ||||||
19 | number of the transferee, and the make, model, serial | ||||||
20 | number, type, and caliber or gauge of the firearm; | ||||||
21 | (2) the identity of the federally licensed firearms | ||||||
22 | dealer and the dealer's agent or employee who processed | ||||||
23 | each sale or transfer; | ||||||
24 | (3) the transferee's Firearm Owner's Identification | ||||||
25 | Card number; | ||||||
26 | (4) whether the sale or transfer is a private party |
| |||||||
| |||||||
1 | transfer under Section 3 of this Act, and if so, the | ||||||
2 | original seller or transferor's name and address; and | ||||||
3 | (5) the date of delivery of any firearm. | ||||||
4 | (j) Effective January 1, 2015, each federally licensed | ||||||
5 | firearms dealer shall maintain a permanent written record of | ||||||
6 | any information sent or received through the Internet-based | ||||||
7 | system, including any information listed in subsection (h), in | ||||||
8 | accordance with rules established by the Department of State | ||||||
9 | Police. These records shall be available for inspection any law | ||||||
10 | enforcement officer upon request. | ||||||
11 | (Source: P.A. 97-1150, eff. 1-25-13.)
| ||||||
12 | (430 ILCS 65/8) (from Ch. 38, par. 83-8)
| ||||||
13 | (Text of Section before amendment by P.A. 97-1167 )
| ||||||
14 | Sec. 8. The Department of State Police has authority to | ||||||
15 | deny an
application for or to revoke and seize a Firearm | ||||||
16 | Owner's Identification
Card previously issued under this Act | ||||||
17 | only if the Department finds that the
applicant or the person | ||||||
18 | to whom such card was issued is or was at the time
of issuance:
| ||||||
19 | (a) A person under 21 years of age who has been convicted | ||||||
20 | of a
misdemeanor other than a traffic offense or adjudged | ||||||
21 | delinquent;
| ||||||
22 | (b) A person under 21 years of age who does not have the | ||||||
23 | written consent
of his parent or guardian to acquire and | ||||||
24 | possess firearms and firearm
ammunition, or whose parent or | ||||||
25 | guardian has revoked such written consent,
or where such parent |
| |||||||
| |||||||
1 | or guardian does not qualify to have a Firearm Owner's
| ||||||
2 | Identification Card;
| ||||||
3 | (c) A person convicted of a felony under the laws of this | ||||||
4 | or any other
jurisdiction;
| ||||||
5 | (d) A person addicted to narcotics;
| ||||||
6 | (e) A person who has been a patient of a mental institution | ||||||
7 | within the
past 5 years or has been adjudicated as a mental | ||||||
8 | defective;
| ||||||
9 | (f) A person whose mental condition is of such a nature | ||||||
10 | that it poses
a clear and present danger to the applicant, any | ||||||
11 | other person or persons or
the community;
| ||||||
12 | For the purposes of this Section, "mental condition" means | ||||||
13 | a state of
mind manifested by violent, suicidal, threatening or | ||||||
14 | assaultive behavior.
| ||||||
15 | (g) A person who is intellectually disabled;
| ||||||
16 | (h) A person who intentionally makes a false statement in | ||||||
17 | the Firearm
Owner's Identification Card application;
| ||||||
18 | (i) An alien who is unlawfully present in
the United States | ||||||
19 | under the laws of the United States;
| ||||||
20 | (i-5) An alien who has been admitted to the United States | ||||||
21 | under a
non-immigrant visa (as that term is defined in Section | ||||||
22 | 101(a)(26) of the
Immigration and Nationality Act (8 U.S.C. | ||||||
23 | 1101(a)(26))), except that this
subsection (i-5) does not apply | ||||||
24 | to any alien who has been lawfully admitted to
the United | ||||||
25 | States under a non-immigrant visa if that alien is:
| ||||||
26 | (1) admitted to the United States for lawful hunting or |
| |||||||
| |||||||
1 | sporting purposes;
| ||||||
2 | (2) an official representative of a foreign government | ||||||
3 | who is:
| ||||||
4 | (A) accredited to the United States Government or | ||||||
5 | the Government's
mission to an international | ||||||
6 | organization having its headquarters in the United
| ||||||
7 | States; or
| ||||||
8 | (B) en route to or from another country to which | ||||||
9 | that alien is
accredited;
| ||||||
10 | (3) an official of a foreign government or | ||||||
11 | distinguished foreign visitor
who has been so designated by | ||||||
12 | the Department of State;
| ||||||
13 | (4) a foreign law enforcement officer of a friendly | ||||||
14 | foreign government
entering the United States on official | ||||||
15 | business; or
| ||||||
16 | (5) one who has received a waiver from the Attorney | ||||||
17 | General of the United
States pursuant to 18 U.S.C. | ||||||
18 | 922(y)(3);
| ||||||
19 | (j) (Blank);
| ||||||
20 | (k) A person who has been convicted within the past 5 years | ||||||
21 | of battery,
assault, aggravated assault, violation of an order | ||||||
22 | of protection, or a
substantially similar offense in another | ||||||
23 | jurisdiction, in which a firearm was
used or possessed;
| ||||||
24 | (l) A person who has been convicted of domestic battery, | ||||||
25 | aggravated domestic battery, or a substantially
similar | ||||||
26 | offense in another jurisdiction committed before, on or after |
| |||||||
| |||||||
1 | January 1, 2012 (the effective date of Public Act 97-158). If | ||||||
2 | the applicant or person who has been previously issued a | ||||||
3 | Firearm Owner's Identification Card under this Act knowingly | ||||||
4 | and intelligently waives the right to have an offense described | ||||||
5 | in this paragraph (l) tried by a jury, and by guilty plea or | ||||||
6 | otherwise, results in a conviction for an offense in which a | ||||||
7 | domestic relationship is not a required element of the offense | ||||||
8 | but in which a determination of the applicability of 18 U.S.C. | ||||||
9 | 922(g)(9) is made under Section 112A-11.1 of the Code of | ||||||
10 | Criminal Procedure of 1963, an entry by the court of a judgment | ||||||
11 | of conviction for that offense shall be grounds for denying an | ||||||
12 | application for and for revoking and seizing a Firearm Owner's | ||||||
13 | Identification Card previously issued to the person under this | ||||||
14 | Act;
| ||||||
15 | (m) (Blank);
| ||||||
16 | (n) A person who is prohibited from acquiring or possessing
| ||||||
17 | firearms or firearm ammunition by any Illinois State statute or | ||||||
18 | by federal
law;
| ||||||
19 | (o) A minor subject to a petition filed under Section 5-520 | ||||||
20 | of the
Juvenile Court Act of 1987 alleging that the minor is a | ||||||
21 | delinquent minor for
the commission of an offense that if | ||||||
22 | committed by an adult would be a felony;
| ||||||
23 | (p) An adult who had been adjudicated a delinquent minor | ||||||
24 | under the Juvenile
Court Act of 1987 for the commission of an | ||||||
25 | offense that if committed by an
adult would be a felony; or
| ||||||
26 | (q) A person who is not a resident of the State of |
| |||||||
| |||||||
1 | Illinois, except as provided in subsection (a-10) of Section 4. | ||||||
2 | The Department of State Police may revoke and seize a | ||||||
3 | Firearm Owner's Identification Card previously issued under | ||||||
4 | this Act of a person who fails to report the loss or theft of a | ||||||
5 | firearm a second time to the local law enforcement agency | ||||||
6 | within 72 hours after obtaining knowledge of the second loss or | ||||||
7 | theft. | ||||||
8 | (Source: P.A. 96-701, eff. 1-1-10; 97-158, eff. 1-1-12; 97-227, | ||||||
9 | eff. 1-1-12; 97-813, eff. 7-13-12; 97-1131, eff. 1-1-13.)
| ||||||
10 | (Text of Section after amendment by P.A. 97-1167 ) | ||||||
11 | Sec. 8. The Department of State Police has authority to | ||||||
12 | deny an
application for or to revoke and seize a Firearm | ||||||
13 | Owner's Identification
Card previously issued under this Act | ||||||
14 | only if the Department finds that the
applicant or the person | ||||||
15 | to whom such card was issued is or was at the time
of issuance:
| ||||||
16 | (a) A person under 21 years of age who has been convicted | ||||||
17 | of a
misdemeanor other than a traffic offense or adjudged | ||||||
18 | delinquent;
| ||||||
19 | (b) A person under 21 years of age who does not have the | ||||||
20 | written consent
of his parent or guardian to acquire and | ||||||
21 | possess firearms and firearm
ammunition, or whose parent or | ||||||
22 | guardian has revoked such written consent,
or where such parent | ||||||
23 | or guardian does not qualify to have a Firearm Owner's
| ||||||
24 | Identification Card;
| ||||||
25 | (c) A person convicted of a felony under the laws of this |
| |||||||
| |||||||
1 | or any other
jurisdiction;
| ||||||
2 | (d) A person addicted to narcotics;
| ||||||
3 | (e) A person who has been a patient of a mental institution | ||||||
4 | within the
past 5 years. An active law enforcement officer | ||||||
5 | employed by a unit of government who is denied, revoked, or has | ||||||
6 | his or her Firearm Owner's Identification Card seized under | ||||||
7 | this subsection (e) may obtain relief as described in | ||||||
8 | subsection (c-5) of Section 10 of this Act if the officer did | ||||||
9 | not act in a manner threatening to the officer, another person, | ||||||
10 | or the public as determined by the treating clinical | ||||||
11 | psychologist or physician, and the officer seeks mental health | ||||||
12 | treatment;
| ||||||
13 | (f) A person whose mental condition is of such a nature | ||||||
14 | that it poses
a clear and present danger to the applicant, any | ||||||
15 | other person or persons or
the community;
| ||||||
16 | For the purposes of this Section, "mental condition" means | ||||||
17 | a state of
mind manifested by violent, suicidal, threatening or | ||||||
18 | assaultive behavior.
| ||||||
19 | (g) A person who is intellectually disabled;
| ||||||
20 | (h) A person who intentionally makes a false statement in | ||||||
21 | the Firearm
Owner's Identification Card application;
| ||||||
22 | (i) An alien who is unlawfully present in
the United States | ||||||
23 | under the laws of the United States;
| ||||||
24 | (i-5) An alien who has been admitted to the United States | ||||||
25 | under a
non-immigrant visa (as that term is defined in Section | ||||||
26 | 101(a)(26) of the
Immigration and Nationality Act (8 U.S.C. |
| |||||||
| |||||||
1 | 1101(a)(26))), except that this
subsection (i-5) does not apply | ||||||
2 | to any alien who has been lawfully admitted to
the United | ||||||
3 | States under a non-immigrant visa if that alien is:
| ||||||
4 | (1) admitted to the United States for lawful hunting or | ||||||
5 | sporting purposes;
| ||||||
6 | (2) an official representative of a foreign government | ||||||
7 | who is:
| ||||||
8 | (A) accredited to the United States Government or | ||||||
9 | the Government's
mission to an international | ||||||
10 | organization having its headquarters in the United
| ||||||
11 | States; or
| ||||||
12 | (B) en route to or from another country to which | ||||||
13 | that alien is
accredited;
| ||||||
14 | (3) an official of a foreign government or | ||||||
15 | distinguished foreign visitor
who has been so designated by | ||||||
16 | the Department of State;
| ||||||
17 | (4) a foreign law enforcement officer of a friendly | ||||||
18 | foreign government
entering the United States on official | ||||||
19 | business; or
| ||||||
20 | (5) one who has received a waiver from the Attorney | ||||||
21 | General of the United
States pursuant to 18 U.S.C. | ||||||
22 | 922(y)(3);
| ||||||
23 | (j) (Blank);
| ||||||
24 | (k) A person who has been convicted within the past 5 years | ||||||
25 | of battery,
assault, aggravated assault, violation of an order | ||||||
26 | of protection, or a
substantially similar offense in another |
| |||||||
| |||||||
1 | jurisdiction, in which a firearm was
used or possessed;
| ||||||
2 | (l) A person who has been convicted of domestic battery, | ||||||
3 | aggravated domestic battery, or a substantially
similar | ||||||
4 | offense in another jurisdiction committed before, on or after | ||||||
5 | January 1, 2012 (the effective date of Public Act 97-158). If | ||||||
6 | the applicant or person who has been previously issued a | ||||||
7 | Firearm Owner's Identification Card under this Act knowingly | ||||||
8 | and intelligently waives the right to have an offense described | ||||||
9 | in this paragraph (l) tried by a jury, and by guilty plea or | ||||||
10 | otherwise, results in a conviction for an offense in which a | ||||||
11 | domestic relationship is not a required element of the offense | ||||||
12 | but in which a determination of the applicability of 18 U.S.C. | ||||||
13 | 922(g)(9) is made under Section 112A-11.1 of the Code of | ||||||
14 | Criminal Procedure of 1963, an entry by the court of a judgment | ||||||
15 | of conviction for that offense shall be grounds for denying an | ||||||
16 | application for and for revoking and seizing a Firearm Owner's | ||||||
17 | Identification Card previously issued to the person under this | ||||||
18 | Act;
| ||||||
19 | (m) (Blank);
| ||||||
20 | (n) A person who is prohibited from acquiring or possessing
| ||||||
21 | firearms or firearm ammunition by any Illinois State statute or | ||||||
22 | by federal
law;
| ||||||
23 | (o) A minor subject to a petition filed under Section 5-520 | ||||||
24 | of the
Juvenile Court Act of 1987 alleging that the minor is a | ||||||
25 | delinquent minor for
the commission of an offense that if | ||||||
26 | committed by an adult would be a felony;
|
| |||||||
| |||||||
1 | (p) An adult who had been adjudicated a delinquent minor | ||||||
2 | under the Juvenile
Court Act of 1987 for the commission of an | ||||||
3 | offense that if committed by an
adult would be a felony;
| ||||||
4 | (q) A person who is not a resident of the State of | ||||||
5 | Illinois, except as provided in subsection (a-10) of Section 4; | ||||||
6 | or | ||||||
7 | (r) A person who has been adjudicated as a mental | ||||||
8 | defective. | ||||||
9 | The Department of State Police may revoke and seize a | ||||||
10 | Firearm Owner's Identification Card previously issued under | ||||||
11 | this Act of a person who fails to report the loss or theft of a | ||||||
12 | firearm a second time to the local law enforcement agency | ||||||
13 | within 72 hours after obtaining knowledge of the second loss or | ||||||
14 | theft. | ||||||
15 | (Source: P.A. 96-701, eff. 1-1-10; 97-158, eff. 1-1-12; 97-227, | ||||||
16 | eff. 1-1-12; 97-813, eff. 7-13-12; 97-1131, eff. 1-1-13; | ||||||
17 | 97-1167, eff. 6-1-13.)
| ||||||
18 | Section 255. The Criminal Code of 2012 is amended by | ||||||
19 | changing Sections 21-6, 24-1, 24-1.6, 24-2, 24-3, and 24-3.5 | ||||||
20 | and by adding Sections 24-4.1, 24-4.2, and 24-4.3 as follows:
| ||||||
21 | (720 ILCS 5/21-6) (from Ch. 38, par. 21-6)
| ||||||
22 | Sec. 21-6. Unauthorized Possession or Storage of Weapons.
| ||||||
23 | (a) Whoever possesses or stores any weapon enumerated in | ||||||
24 | Section 33A-1
in any building or on land supported in whole or |
| |||||||
| |||||||
1 | in part with public
funds or in any building on such land | ||||||
2 | without
prior written permission from the chief security | ||||||
3 | officer for such land or
building commits a Class A | ||||||
4 | misdemeanor.
| ||||||
5 | (b) The chief security officer must grant any reasonable | ||||||
6 | request for
permission under paragraph (a).
| ||||||
7 | (c) This Section does not apply to a person acting lawfully | ||||||
8 | under the Gun Safety and Responsibility Act. | ||||||
9 | (Source: P.A. 89-685, eff. 6-1-97.)
| ||||||
10 | (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
| ||||||
11 | Sec. 24-1. Unlawful Use of Weapons.
| ||||||
12 | (a) A person commits the offense of unlawful use of weapons | ||||||
13 | when
he knowingly:
| ||||||
14 | (1) Sells, manufactures, purchases, possesses or | ||||||
15 | carries any bludgeon,
black-jack, slung-shot, sand-club, | ||||||
16 | sand-bag, metal knuckles or other knuckle weapon | ||||||
17 | regardless of its composition, throwing star,
or any knife, | ||||||
18 | commonly referred to as a switchblade knife, which has a
| ||||||
19 | blade that opens automatically by hand pressure applied to | ||||||
20 | a button,
spring or other device in the handle of the | ||||||
21 | knife, or a ballistic knife,
which is a device that propels | ||||||
22 | a knifelike blade as a projectile by means
of a coil | ||||||
23 | spring, elastic material or compressed gas; or
| ||||||
24 | (2) Carries or possesses with intent to use the same | ||||||
25 | unlawfully
against another, a dagger, dirk, billy, |
| |||||||
| |||||||
1 | dangerous knife, razor,
stiletto, broken bottle or other | ||||||
2 | piece of glass, stun gun or taser or
any other dangerous or | ||||||
3 | deadly weapon or instrument of like character; or
| ||||||
4 | (3) Carries on or about his person or in any vehicle, a | ||||||
5 | tear gas gun
projector or bomb or any object containing | ||||||
6 | noxious liquid gas or
substance, other than an object | ||||||
7 | containing a non-lethal noxious liquid gas
or substance | ||||||
8 | designed solely for personal defense carried by a person 18
| ||||||
9 | years of age or older; or
| ||||||
10 | (4) Carries or possesses in any vehicle or concealed on | ||||||
11 | or about his
person except when on his land or in his own | ||||||
12 | abode, legal dwelling, or fixed place of
business, or on | ||||||
13 | the land or in the legal dwelling of another person as an | ||||||
14 | invitee with that person's permission, any pistol, | ||||||
15 | revolver, stun gun or taser or other firearm, except
that
| ||||||
16 | this subsection (a) (4) does not apply to or affect | ||||||
17 | transportation of weapons
that meet one of the following | ||||||
18 | conditions:
| ||||||
19 | (i) are broken down in a non-functioning state; or
| ||||||
20 | (ii) are not immediately accessible; or
| ||||||
21 | (iii) are unloaded and enclosed in a case, firearm | ||||||
22 | carrying box,
shipping box, or other container by a | ||||||
23 | person who has been issued a currently
valid Firearm | ||||||
24 | Owner's
Identification Card; or
| ||||||
25 | (5) Sets a spring gun; or
| ||||||
26 | (6) Possesses any device or attachment of any kind |
| |||||||
| |||||||
1 | designed, used or
intended for use in silencing the report | ||||||
2 | of any firearm; or
| ||||||
3 | (7) Sells, manufactures, purchases, possesses or | ||||||
4 | carries:
| ||||||
5 | (i) a machine gun, which shall be defined for the | ||||||
6 | purposes of this
subsection as any weapon,
which | ||||||
7 | shoots, is designed to shoot, or can be readily | ||||||
8 | restored to shoot,
automatically more than one shot | ||||||
9 | without manually reloading by a single
function of the | ||||||
10 | trigger, including the frame or receiver
of any such | ||||||
11 | weapon, or sells, manufactures, purchases, possesses, | ||||||
12 | or
carries any combination of parts designed or | ||||||
13 | intended for
use in converting any weapon into a | ||||||
14 | machine gun, or any combination or
parts from which a | ||||||
15 | machine gun can be assembled if such parts are in the
| ||||||
16 | possession or under the control of a person;
| ||||||
17 | (ii) any rifle having one or
more barrels less than | ||||||
18 | 16 inches in length or a shotgun having one or more
| ||||||
19 | barrels less than 18 inches in length or any weapon | ||||||
20 | made from a rifle or
shotgun, whether by alteration, | ||||||
21 | modification, or otherwise, if such a weapon
as | ||||||
22 | modified has an overall length of less than 26 inches; | ||||||
23 | or
| ||||||
24 | (iii) any
bomb, bomb-shell, grenade, bottle or | ||||||
25 | other container containing an
explosive substance of | ||||||
26 | over one-quarter ounce for like purposes, such
as, but |
| |||||||
| |||||||
1 | not limited to, black powder bombs and Molotov | ||||||
2 | cocktails or
artillery projectiles; or
| ||||||
3 | (8) Carries or possesses any firearm, stun gun or taser | ||||||
4 | or other
deadly weapon in any place which is licensed to | ||||||
5 | sell intoxicating
beverages, or at any public gathering | ||||||
6 | held pursuant to a license issued
by any governmental body | ||||||
7 | or any public gathering at which an admission
is charged, | ||||||
8 | excluding a place where a showing, demonstration or lecture
| ||||||
9 | involving the exhibition of unloaded firearms is | ||||||
10 | conducted.
| ||||||
11 | This subsection (a)(8) does not apply to any auction or | ||||||
12 | raffle of a firearm
held pursuant to
a license or permit | ||||||
13 | issued by a governmental body, nor does it apply to persons
| ||||||
14 | engaged
in firearm safety training courses; or
| ||||||
15 | (9) Carries or possesses in a vehicle or on or about | ||||||
16 | his person any
pistol, revolver, stun gun or taser or | ||||||
17 | firearm or ballistic knife, when
he is hooded, robed or | ||||||
18 | masked in such manner as to conceal his identity; or
| ||||||
19 | (10) Carries or possesses on or about his person, upon | ||||||
20 | any public street,
alley, or other public lands within the | ||||||
21 | corporate limits of a city, village
or incorporated town, | ||||||
22 | except when an invitee thereon or therein, for the
purpose | ||||||
23 | of the display of such weapon or the lawful commerce in | ||||||
24 | weapons, or
except when on his land or in his own abode, | ||||||
25 | legal dwelling, or fixed place of business, or on the land | ||||||
26 | or in the legal dwelling of another person as an invitee |
| |||||||
| |||||||
1 | with that person's permission, any
pistol, revolver, stun | ||||||
2 | gun or taser or other firearm, except that this
subsection | ||||||
3 | (a) (10) does not apply to or affect transportation of | ||||||
4 | weapons that
meet one of the following conditions:
| ||||||
5 | (i) are broken down in a non-functioning state; or
| ||||||
6 | (ii) are not immediately accessible; or
| ||||||
7 | (iii) are unloaded and enclosed in a firearm case, | ||||||
8 | firearm carrying box,
shipping box, or other similar | ||||||
9 | portable container designed for the safe | ||||||
10 | transportation of firearms by a person who has been | ||||||
11 | issued a currently
valid Firearm Owner's
| ||||||
12 | Identification Card.
| ||||||
13 | A "stun gun or taser", as used in this paragraph (a) | ||||||
14 | means (i) any device
which is powered by electrical | ||||||
15 | charging units, such as, batteries, and
which fires one or | ||||||
16 | several barbs attached to a length of wire and
which, upon | ||||||
17 | hitting a human, can send out a current capable of | ||||||
18 | disrupting
the person's nervous system in such a manner as | ||||||
19 | to render him incapable of
normal functioning or (ii) any | ||||||
20 | device which is powered by electrical
charging units, such | ||||||
21 | as batteries, and which, upon contact with a human or
| ||||||
22 | clothing worn by a human, can send out current capable of | ||||||
23 | disrupting
the person's nervous system in such a manner as | ||||||
24 | to render him incapable
of normal functioning; or
| ||||||
25 | (11) Sells, manufactures or purchases any explosive | ||||||
26 | bullet. For purposes
of this paragraph (a) "explosive |
| |||||||
| |||||||
1 | bullet" means the projectile portion of
an ammunition | ||||||
2 | cartridge which contains or carries an explosive charge | ||||||
3 | which
will explode upon contact with the flesh of a human | ||||||
4 | or an animal.
"Cartridge" means a tubular metal case having | ||||||
5 | a projectile affixed at the
front thereof and a cap or | ||||||
6 | primer at the rear end thereof, with the
propellant | ||||||
7 | contained in such tube between the projectile and the cap; | ||||||
8 | or
| ||||||
9 | (12) (Blank); or
| ||||||
10 | (13) Carries or possesses on or about his or her person | ||||||
11 | while in a building occupied by a unit of government, a | ||||||
12 | billy club, other weapon of like character, or other | ||||||
13 | instrument of like character intended for use as a weapon. | ||||||
14 | For the purposes of this Section, "billy club" means a | ||||||
15 | short stick or club commonly carried by police officers | ||||||
16 | which is either telescopic or constructed of a solid piece | ||||||
17 | of wood or other man-made material. | ||||||
18 | (b) Sentence. A person convicted of a violation of | ||||||
19 | subsection 24-1(a)(1)
through (5), subsection 24-1(a)(10),
| ||||||
20 | subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a | ||||||
21 | Class A
misdemeanor.
A person convicted of a violation of | ||||||
22 | subsection
24-1(a)(8) or 24-1(a)(9) commits a
Class 4 felony; a | ||||||
23 | person
convicted of a violation of subsection 24-1(a)(6) or | ||||||
24 | 24-1(a)(7)(ii) or (iii)
commits a Class 3 felony. A person | ||||||
25 | convicted of a violation of subsection
24-1(a)(7)(i) commits a | ||||||
26 | Class 2 felony and shall be sentenced to a term of imprisonment |
| |||||||
| |||||||
1 | of not less than 3 years and not more than 7 years, unless the | ||||||
2 | weapon is possessed in the
passenger compartment of a motor | ||||||
3 | vehicle as defined in Section 1-146 of the
Illinois Vehicle | ||||||
4 | Code, or on the person, while the weapon is loaded, in which
| ||||||
5 | case it shall be a Class X felony. A person convicted of a
| ||||||
6 | second or subsequent violation of subsection 24-1(a)(4), | ||||||
7 | 24-1(a)(8),
24-1(a)(9), or
24-1(a)(10) commits a Class 3 | ||||||
8 | felony. The possession of each weapon in violation of this | ||||||
9 | Section constitutes a single and separate violation.
| ||||||
10 | (c) Violations in specific places.
| ||||||
11 | (1) A person who violates subsection 24-1(a)(6) or | ||||||
12 | 24-1(a)(7) in any
school, regardless of the time of day or | ||||||
13 | the time of year, in residential
property owned, operated | ||||||
14 | or managed by a public housing agency or
leased by
a public | ||||||
15 | housing agency as part of a scattered site or mixed-income
| ||||||
16 | development, in a
public park, in a courthouse, on the real | ||||||
17 | property comprising any school,
regardless of the
time of | ||||||
18 | day or the time of year, on residential property owned, | ||||||
19 | operated
or
managed by a public housing agency
or leased by | ||||||
20 | a public housing agency as part of a scattered site or
| ||||||
21 | mixed-income development,
on the real property comprising | ||||||
22 | any
public park, on the real property comprising any | ||||||
23 | courthouse, in any conveyance
owned, leased or contracted | ||||||
24 | by a school to
transport students to or from school or a | ||||||
25 | school related activity, in any conveyance
owned, leased, | ||||||
26 | or contracted by a public transportation agency, or on any
|
| |||||||
| |||||||
1 | public way within 1,000 feet of the real property | ||||||
2 | comprising any school,
public park, courthouse, public | ||||||
3 | transportation facility, or residential property owned, | ||||||
4 | operated, or managed
by a public housing agency
or leased | ||||||
5 | by a public housing agency as part of a scattered site or
| ||||||
6 | mixed-income development
commits a Class 2 felony and shall | ||||||
7 | be sentenced to a term of imprisonment of not less than 3 | ||||||
8 | years and not more than 7 years.
| ||||||
9 | (1.5) A person who violates subsection 24-1(a)(4), | ||||||
10 | 24-1(a)(9), or
24-1(a)(10) in any school, regardless of the | ||||||
11 | time of day or the time of year,
in residential property | ||||||
12 | owned, operated, or managed by a public
housing
agency
or | ||||||
13 | leased by a public housing agency as part of a scattered | ||||||
14 | site or
mixed-income development,
in
a public
park, in a | ||||||
15 | courthouse, on the real property comprising any school, | ||||||
16 | regardless
of the time of day or the time of year, on | ||||||
17 | residential property owned,
operated, or managed by a | ||||||
18 | public housing agency
or leased by a public housing agency | ||||||
19 | as part of a scattered site or
mixed-income development,
on | ||||||
20 | the real property
comprising any public park, on the real | ||||||
21 | property comprising any courthouse, in
any conveyance | ||||||
22 | owned, leased, or contracted by a school to transport | ||||||
23 | students
to or from school or a school related activity, in | ||||||
24 | any conveyance
owned, leased, or contracted by a public | ||||||
25 | transportation agency, or on any public way within
1,000 | ||||||
26 | feet of the real property comprising any school, public |
| |||||||
| |||||||
1 | park, courthouse,
public transportation facility, or | ||||||
2 | residential property owned, operated, or managed by a | ||||||
3 | public
housing agency
or leased by a public housing agency | ||||||
4 | as part of a scattered site or
mixed-income development
| ||||||
5 | commits a Class 3 felony.
| ||||||
6 | (2) A person who violates subsection 24-1(a)(1), | ||||||
7 | 24-1(a)(2), or
24-1(a)(3)
in any school, regardless of the | ||||||
8 | time of day or the time of year, in
residential property | ||||||
9 | owned, operated or managed by a public housing
agency
or | ||||||
10 | leased by a public housing agency as part of a scattered | ||||||
11 | site or
mixed-income development,
in
a public park, in a | ||||||
12 | courthouse, on the real property comprising any school,
| ||||||
13 | regardless of the time of day or the time of year, on | ||||||
14 | residential property
owned, operated or managed by a public | ||||||
15 | housing agency
or leased by a public housing agency as part | ||||||
16 | of a scattered site or
mixed-income development,
on the | ||||||
17 | real property
comprising any public park, on the real | ||||||
18 | property comprising any courthouse, in
any conveyance | ||||||
19 | owned, leased or contracted by a school to transport | ||||||
20 | students
to or from school or a school related activity, in | ||||||
21 | any conveyance
owned, leased, or contracted by a public | ||||||
22 | transportation agency, or on any public way within
1,000 | ||||||
23 | feet of the real property comprising any school, public | ||||||
24 | park, courthouse,
public transportation facility, or | ||||||
25 | residential property owned, operated, or managed by a | ||||||
26 | public
housing agency or leased by a public housing agency |
| |||||||
| |||||||
1 | as part of a scattered
site or mixed-income development | ||||||
2 | commits a Class 4 felony. "Courthouse"
means any building | ||||||
3 | that is used by the Circuit, Appellate, or Supreme Court of
| ||||||
4 | this State for the conduct of official business.
| ||||||
5 | (3) Paragraphs (1), (1.5), and (2) of this subsection | ||||||
6 | (c) shall not
apply to law
enforcement officers or security | ||||||
7 | officers of such school, college, or
university or to | ||||||
8 | students carrying or possessing firearms for use in | ||||||
9 | training
courses, parades, hunting, target shooting on | ||||||
10 | school ranges, or otherwise with
the consent of school | ||||||
11 | authorities and which firearms are transported unloaded
| ||||||
12 | enclosed in a suitable case, box, or transportation | ||||||
13 | package.
| ||||||
14 | (4) For the purposes of this subsection (c), "school" | ||||||
15 | means any public or
private elementary or secondary school, | ||||||
16 | community college, college, or
university.
| ||||||
17 | (5) For the purposes of this subsection (c), "public | ||||||
18 | transportation agency" means a public or private agency | ||||||
19 | that provides for the transportation or conveyance of
| ||||||
20 | persons by means available to the general public, except | ||||||
21 | for transportation
by automobiles not used for conveyance | ||||||
22 | of the general public as passengers; and "public | ||||||
23 | transportation facility" means a terminal or other place
| ||||||
24 | where one may obtain public transportation.
| ||||||
25 | (d) The presence in an automobile other than a public | ||||||
26 | omnibus of any
weapon, instrument or substance referred to in |
| |||||||
| |||||||
1 | subsection (a)(7) is
prima facie evidence that it is in the | ||||||
2 | possession of, and is being
carried by, all persons occupying | ||||||
3 | such automobile at the time such
weapon, instrument or | ||||||
4 | substance is found, except under the following
circumstances: | ||||||
5 | (i) if such weapon, instrument or instrumentality is
found upon | ||||||
6 | the person of one of the occupants therein; or (ii) if such
| ||||||
7 | weapon, instrument or substance is found in an automobile | ||||||
8 | operated for
hire by a duly licensed driver in the due, lawful | ||||||
9 | and proper pursuit of
his trade, then such presumption shall | ||||||
10 | not apply to the driver.
| ||||||
11 | (e) Exemptions. Crossbows, Common or Compound bows and | ||||||
12 | Underwater
Spearguns are exempted from the definition of | ||||||
13 | ballistic knife as defined in
paragraph (1) of subsection (a) | ||||||
14 | of this Section.
| ||||||
15 | (Source: P.A. 95-331, eff. 8-21-07; 95-809, eff. 1-1-09; | ||||||
16 | 95-885, eff. 1-1-09; 96-41, eff. 1-1-10; 96-328, eff. 8-11-09; | ||||||
17 | 96-742, eff. 8-25-09; 96-1000, eff. 7-2-10.)
| ||||||
18 | (720 ILCS 5/24-1.6) | ||||||
19 | Sec. 24-1.6. Aggravated unlawful use of a weapon. | ||||||
20 | (a) A person commits the offense of aggravated unlawful use | ||||||
21 | of a weapon when
he or she knowingly: | ||||||
22 | (1) Carries on or about his or her person or in any | ||||||
23 | vehicle or concealed
on or about his or her person except | ||||||
24 | when on his or her land or in his or her
abode, legal | ||||||
25 | dwelling, or fixed place of business, or on the land or in |
| |||||||
| |||||||
1 | the legal dwelling of another person as an invitee with | ||||||
2 | that person's permission, any pistol, revolver, stun gun or | ||||||
3 | taser or
other firearm; or | ||||||
4 | (2) Carries or possesses on or about his or her person, | ||||||
5 | upon any public
street, alley, or other public lands within | ||||||
6 | the corporate limits of a city,
village or incorporated | ||||||
7 | town, except when an invitee thereon or therein, for
the | ||||||
8 | purpose of the display of such weapon or the lawful | ||||||
9 | commerce in weapons, or
except when on his or her own land | ||||||
10 | or in his or her own abode, legal dwelling, or fixed place | ||||||
11 | of
business, or on the land or in the legal dwelling of | ||||||
12 | another person as an invitee with that person's permission, | ||||||
13 | any pistol, revolver, stun gun or taser or other firearm; | ||||||
14 | and | ||||||
15 | (3) One of the following factors is present: | ||||||
16 | (A) the firearm possessed was uncased, loaded and | ||||||
17 | immediately accessible
at the time of the offense; or | ||||||
18 | (B) the firearm possessed was uncased, unloaded | ||||||
19 | and the ammunition for
the weapon was immediately | ||||||
20 | accessible at the time of the offense; or | ||||||
21 | (C) the person possessing the firearm has not been | ||||||
22 | issued a currently
valid Firearm Owner's | ||||||
23 | Identification Card; or | ||||||
24 | (D) the person possessing the weapon was | ||||||
25 | previously adjudicated
a delinquent minor under the | ||||||
26 | Juvenile Court Act of 1987 for an act that if
committed |
| |||||||
| |||||||
1 | by an adult would be a felony; or | ||||||
2 | (E) the person possessing the weapon was engaged in | ||||||
3 | a misdemeanor
violation of the Cannabis
Control Act, in | ||||||
4 | a misdemeanor violation of the Illinois Controlled | ||||||
5 | Substances
Act, or in a misdemeanor violation of the | ||||||
6 | Methamphetamine Control and Community Protection Act; | ||||||
7 | or | ||||||
8 | (F) (blank); or | ||||||
9 | (G) the person possessing the weapon had a order of | ||||||
10 | protection issued
against him or her within the | ||||||
11 | previous 2 years; or | ||||||
12 | (H) the person possessing the weapon was engaged in | ||||||
13 | the commission or
attempted commission of
a | ||||||
14 | misdemeanor involving the use or threat of violence | ||||||
15 | against
the person or property of another; or | ||||||
16 | (I) the person possessing the weapon was under 21 | ||||||
17 | years of age and in
possession of a handgun as defined | ||||||
18 | in Section 24-3, unless the person under 21
is engaged | ||||||
19 | in lawful activities under the Wildlife Code or | ||||||
20 | described in
subsection 24-2(b)(1), (b)(3), or | ||||||
21 | 24-2(f). | ||||||
22 | (b) "Stun gun or taser" as used in this Section has the | ||||||
23 | same definition
given to it in Section 24-1 of this Code. | ||||||
24 | (c) This Section does not apply to or affect the | ||||||
25 | transportation or
possession
of weapons that: | ||||||
26 | (i) are broken down in a non-functioning state; or |
| |||||||
| |||||||
1 | (ii) are not immediately accessible; or | ||||||
2 | (iii) are unloaded and enclosed in a firearm case, | ||||||
3 | firearm carrying box,
shipping box, or other similar | ||||||
4 | portable container designed for the safe | ||||||
5 | transportation of firearms by a person who has been | ||||||
6 | issued a currently
valid Firearm Owner's
| ||||||
7 | Identification Card. | ||||||
8 | (d) Sentence. | ||||||
9 | (1) Aggravated unlawful use of a weapon is a Class 4 | ||||||
10 | felony;
a second or subsequent offense is a Class 2 felony | ||||||
11 | for which the person shall be sentenced to a term of | ||||||
12 | imprisonment of not less than 3 years and not more than 7 | ||||||
13 | years. | ||||||
14 | (2) Except as otherwise provided in paragraphs (3) and | ||||||
15 | (4) of this subsection (d), a first offense of aggravated | ||||||
16 | unlawful use of a weapon committed with a firearm by a | ||||||
17 | person 18 years of age or older where the factors listed in | ||||||
18 | both items (A) and (C) of paragraph (3) of subsection (a) | ||||||
19 | are present is a Class 4 felony, for which the person shall | ||||||
20 | be sentenced to a term of imprisonment of not less than one | ||||||
21 | year and not more than 3 years. | ||||||
22 | (3) Aggravated unlawful use of
a weapon by a person who | ||||||
23 | has been previously
convicted of a felony in this State or | ||||||
24 | another jurisdiction is a Class 2
felony for which the | ||||||
25 | person shall be sentenced to a term of imprisonment of not | ||||||
26 | less than 3 years and not more than 7 years. |
| |||||||
| |||||||
1 | (4) Aggravated unlawful use of a weapon while wearing | ||||||
2 | or in possession of body armor as defined in Section 33F-1 | ||||||
3 | by a person who has not been issued a valid Firearms | ||||||
4 | Owner's Identification Card in accordance with Section 5 of | ||||||
5 | the Firearm Owners Identification Card Act is a Class X | ||||||
6 | felony.
| ||||||
7 | (e) The possession of each firearm in violation of this | ||||||
8 | Section constitutes a single and separate violation. | ||||||
9 | (Source: P.A. 95-331, eff. 8-21-07; 96-742, eff. 8-25-09; | ||||||
10 | 96-829, eff. 12-3-09; 96-1107, eff. 1-1-11.)
| ||||||
11 | (720 ILCS 5/24-2)
| ||||||
12 | Sec. 24-2. Exemptions.
| ||||||
13 | (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and | ||||||
14 | 24-1(a)(13) and Section
24-1.6 do not apply to
or affect any of | ||||||
15 | the following:
| ||||||
16 | (1) Peace officers, and any person summoned by a peace | ||||||
17 | officer to
assist in making arrests or preserving the | ||||||
18 | peace, while actually engaged in
assisting such officer.
| ||||||
19 | (2) Wardens, superintendents and keepers of prisons,
| ||||||
20 | penitentiaries, jails and other institutions for the | ||||||
21 | detention of persons
accused or convicted of an offense, | ||||||
22 | while in the performance of their
official duty, or while | ||||||
23 | commuting between their homes and places of employment.
| ||||||
24 | (3) Members of the Armed Services or Reserve Forces of | ||||||
25 | the United States
or the Illinois National Guard or the |
| |||||||
| |||||||
1 | Reserve Officers Training Corps,
while in the performance | ||||||
2 | of their official duty.
| ||||||
3 | (4) Special agents employed by a railroad or a public | ||||||
4 | utility to
perform police functions, and guards of armored | ||||||
5 | car companies, while
actually engaged in the performance of | ||||||
6 | the duties of their employment or
commuting between their | ||||||
7 | homes and places of employment; and watchmen
while actually | ||||||
8 | engaged in the performance of the duties of their | ||||||
9 | employment.
| ||||||
10 | (5) Persons licensed as private security contractors, | ||||||
11 | private
detectives, or private alarm contractors, or | ||||||
12 | employed by an agency
certified by the Department of | ||||||
13 | Financial and Professional Regulation, if their duties
| ||||||
14 | include the carrying of a weapon under the provisions of | ||||||
15 | the Private
Detective, Private Alarm,
Private Security, | ||||||
16 | Fingerprint Vendor, and Locksmith Act of 2004,
while | ||||||
17 | actually
engaged in the performance of the duties of their | ||||||
18 | employment or commuting
between their homes and places of | ||||||
19 | employment, provided that such commuting
is accomplished | ||||||
20 | within one hour from departure from home or place of
| ||||||
21 | employment, as the case may be. A person shall be | ||||||
22 | considered eligible for this
exemption if he or she has | ||||||
23 | completed the required 20
hours of training for a private | ||||||
24 | security contractor, private
detective, or private alarm | ||||||
25 | contractor, or employee of a licensed agency and 20 hours | ||||||
26 | of required firearm
training, and has been issued a firearm |
| |||||||
| |||||||
1 | control card by
the Department of Financial and | ||||||
2 | Professional Regulation. Conditions for the renewal of
| ||||||
3 | firearm control cards issued under the provisions of this | ||||||
4 | Section
shall be the same as for those cards issued under | ||||||
5 | the provisions of the
Private Detective, Private Alarm,
| ||||||
6 | Private Security, Fingerprint Vendor, and Locksmith Act of | ||||||
7 | 2004. The
firearm control card shall be carried by the | ||||||
8 | private security contractor, private
detective, or private | ||||||
9 | alarm contractor, or employee of the licensed agency at all
| ||||||
10 | times when he or she is in possession of a concealable | ||||||
11 | weapon.
| ||||||
12 | (6) Any person regularly employed in a commercial or | ||||||
13 | industrial
operation as a security guard for the protection | ||||||
14 | of persons employed
and private property related to such | ||||||
15 | commercial or industrial
operation, while actually engaged | ||||||
16 | in the performance of his or her
duty or traveling between | ||||||
17 | sites or properties belonging to the
employer, and who, as | ||||||
18 | a security guard, is a member of a security force of
at | ||||||
19 | least 5 persons registered with the Department of Financial | ||||||
20 | and Professional
Regulation; provided that such security | ||||||
21 | guard has successfully completed a
course of study, | ||||||
22 | approved by and supervised by the Department of
Financial | ||||||
23 | and Professional Regulation, consisting of not less than 40 | ||||||
24 | hours of training
that includes the theory of law | ||||||
25 | enforcement, liability for acts, and the
handling of | ||||||
26 | weapons. A person shall be considered eligible for this
|
| |||||||
| |||||||
1 | exemption if he or she has completed the required 20
hours | ||||||
2 | of training for a security officer and 20 hours of required | ||||||
3 | firearm
training, and has been issued a firearm control | ||||||
4 | card by
the Department of Financial and Professional | ||||||
5 | Regulation. Conditions for the renewal of
firearm control | ||||||
6 | cards issued under the provisions of this Section
shall be | ||||||
7 | the same as for those cards issued under the provisions of | ||||||
8 | the
Private Detective, Private Alarm,
Private Security, | ||||||
9 | Fingerprint Vendor, and Locksmith Act of 2004. The
firearm | ||||||
10 | control card shall be carried by the security guard at all
| ||||||
11 | times when he or she is in possession of a concealable | ||||||
12 | weapon.
| ||||||
13 | (7) Agents and investigators of the Illinois | ||||||
14 | Legislative Investigating
Commission authorized by the | ||||||
15 | Commission to carry the weapons specified in
subsections | ||||||
16 | 24-1(a)(3) and 24-1(a)(4), while on duty in the course of
| ||||||
17 | any investigation for the Commission.
| ||||||
18 | (8) Persons employed by a financial institution for the | ||||||
19 | protection of
other employees and property related to such | ||||||
20 | financial institution, while
actually engaged in the | ||||||
21 | performance of their duties, commuting between
their homes | ||||||
22 | and places of employment, or traveling between sites or
| ||||||
23 | properties owned or operated by such financial | ||||||
24 | institution, provided that
any person so employed has | ||||||
25 | successfully completed a course of study,
approved by and | ||||||
26 | supervised by the Department of Financial and Professional |
| |||||||
| |||||||
1 | Regulation,
consisting of not less than 40 hours of | ||||||
2 | training which includes theory of
law enforcement, | ||||||
3 | liability for acts, and the handling of weapons.
A person | ||||||
4 | shall be considered to be eligible for this exemption if he | ||||||
5 | or
she has completed the required 20 hours of training for | ||||||
6 | a security officer
and 20 hours of required firearm | ||||||
7 | training, and has been issued a
firearm control card by the | ||||||
8 | Department of Financial and Professional Regulation.
| ||||||
9 | Conditions for renewal of firearm control cards issued | ||||||
10 | under the
provisions of this Section shall be the same as | ||||||
11 | for those issued under the
provisions of the Private | ||||||
12 | Detective, Private Alarm,
Private Security, Fingerprint | ||||||
13 | Vendor, and Locksmith Act of 2004.
Such firearm control | ||||||
14 | card shall be carried by the person so
trained at all times | ||||||
15 | when such person is in possession of a concealable
weapon. | ||||||
16 | For purposes of this subsection, "financial institution" | ||||||
17 | means a
bank, savings and loan association, credit union or | ||||||
18 | company providing
armored car services.
| ||||||
19 | (9) Any person employed by an armored car company to | ||||||
20 | drive an armored
car, while actually engaged in the | ||||||
21 | performance of his duties.
| ||||||
22 | (10) Persons who have been classified as peace officers | ||||||
23 | pursuant
to the Peace Officer Fire Investigation Act.
| ||||||
24 | (11) Investigators of the Office of the State's | ||||||
25 | Attorneys Appellate
Prosecutor authorized by the board of | ||||||
26 | governors of the Office of the
State's Attorneys Appellate |
| |||||||
| |||||||
1 | Prosecutor to carry weapons pursuant to
Section 7.06 of the | ||||||
2 | State's Attorneys Appellate Prosecutor's Act.
| ||||||
3 | (12) Special investigators appointed by a State's | ||||||
4 | Attorney under
Section 3-9005 of the Counties Code.
| ||||||
5 | (12.5) Probation officers while in the performance of | ||||||
6 | their duties, or
while commuting between their homes, | ||||||
7 | places of employment or specific locations
that are part of | ||||||
8 | their assigned duties, with the consent of the chief judge | ||||||
9 | of
the circuit for which they are employed.
| ||||||
10 | (13) Court Security Officers while in the performance | ||||||
11 | of their official
duties, or while commuting between their | ||||||
12 | homes and places of employment, with
the
consent of the | ||||||
13 | Sheriff.
| ||||||
14 | (13.5) A person employed as an armed security guard at | ||||||
15 | a nuclear energy,
storage, weapons or development site or | ||||||
16 | facility regulated by the Nuclear
Regulatory Commission | ||||||
17 | who has completed the background screening and training
| ||||||
18 | mandated by the rules and regulations of the Nuclear | ||||||
19 | Regulatory Commission.
| ||||||
20 | (14) Manufacture, transportation, or sale of weapons | ||||||
21 | to
persons
authorized under subdivisions (1) through | ||||||
22 | (13.5) of this
subsection
to
possess those weapons.
| ||||||
23 | (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section | ||||||
24 | 24-1.6 do not
apply to or affect
any of the following:
| ||||||
25 | (1) Members of any club or organization organized for | ||||||
26 | the purpose of
practicing shooting at targets upon |
| |||||||
| |||||||
1 | established target ranges, whether
public or private, and | ||||||
2 | patrons of such ranges, while such members
or patrons are | ||||||
3 | using their firearms on those target ranges.
| ||||||
4 | (2) Duly authorized military or civil organizations | ||||||
5 | while parading,
with the special permission of the | ||||||
6 | Governor.
| ||||||
7 | (3) Hunters, trappers or fishermen with a license or
| ||||||
8 | permit while engaged in hunting,
trapping or fishing.
| ||||||
9 | (4) Transportation of weapons that are broken down in a
| ||||||
10 | non-functioning state or are not immediately accessible.
| ||||||
11 | (5) Carrying or possessing any pistol, revolver, stun | ||||||
12 | gun or taser or other firearm on the land or in the legal | ||||||
13 | dwelling of another adult person as an invitee with that | ||||||
14 | adult's person' s permission to carry a concealed firearm . | ||||||
15 | (c) Subsection 24-1(a)(7) does not apply to or affect any | ||||||
16 | of the
following:
| ||||||
17 | (1) Peace officers while in performance of their | ||||||
18 | official duties.
| ||||||
19 | (2) Wardens, superintendents and keepers of prisons, | ||||||
20 | penitentiaries,
jails and other institutions for the | ||||||
21 | detention of persons accused or
convicted of an offense.
| ||||||
22 | (3) Members of the Armed Services or Reserve Forces of | ||||||
23 | the United States
or the Illinois National Guard, while in | ||||||
24 | the performance of their official
duty.
| ||||||
25 | (4) Manufacture, transportation, or sale of machine | ||||||
26 | guns to persons
authorized under subdivisions (1) through |
| |||||||
| |||||||
1 | (3) of this subsection to
possess machine guns, if the | ||||||
2 | machine guns are broken down in a
non-functioning state or | ||||||
3 | are not immediately accessible.
| ||||||
4 | (5) Persons licensed under federal law to manufacture | ||||||
5 | any weapon from
which 8 or more shots or bullets can be | ||||||
6 | discharged by a
single function of the firing device, or | ||||||
7 | ammunition for such weapons, and
actually engaged in the | ||||||
8 | business of manufacturing such weapons or
ammunition, but | ||||||
9 | only with respect to activities which are within the lawful
| ||||||
10 | scope of such business, such as the manufacture, | ||||||
11 | transportation, or testing
of such weapons or ammunition. | ||||||
12 | This exemption does not authorize the
general private | ||||||
13 | possession of any weapon from which 8 or more
shots or | ||||||
14 | bullets can be discharged by a single function of the | ||||||
15 | firing
device, but only such possession and activities as | ||||||
16 | are within the lawful
scope of a licensed manufacturing | ||||||
17 | business described in this paragraph.
| ||||||
18 | During transportation, such weapons shall be broken | ||||||
19 | down in a
non-functioning state or not immediately | ||||||
20 | accessible.
| ||||||
21 | (6) The manufacture, transport, testing, delivery, | ||||||
22 | transfer or sale,
and all lawful commercial or experimental | ||||||
23 | activities necessary thereto, of
rifles, shotguns, and | ||||||
24 | weapons made from rifles or shotguns,
or ammunition for | ||||||
25 | such rifles, shotguns or weapons, where engaged in
by a | ||||||
26 | person operating as a contractor or subcontractor pursuant |
| |||||||
| |||||||
1 | to a
contract or subcontract for the development and supply | ||||||
2 | of such rifles,
shotguns, weapons or ammunition to the | ||||||
3 | United States government or any
branch of the Armed Forces | ||||||
4 | of the United States, when such activities are
necessary | ||||||
5 | and incident to fulfilling the terms of such contract.
| ||||||
6 | The exemption granted under this subdivision (c)(6)
| ||||||
7 | shall also apply to any authorized agent of any such | ||||||
8 | contractor or
subcontractor who is operating within the | ||||||
9 | scope of his employment, where
such activities involving | ||||||
10 | such weapon, weapons or ammunition are necessary
and | ||||||
11 | incident to fulfilling the terms of such contract.
| ||||||
12 | During transportation, any such weapon shall be broken | ||||||
13 | down in a
non-functioning state, or not immediately | ||||||
14 | accessible.
| ||||||
15 | (7) A person possessing a rifle with a barrel or | ||||||
16 | barrels less than 16 inches in length if: (A) the person | ||||||
17 | has been issued a Curios and Relics license from the U.S. | ||||||
18 | Bureau of Alcohol, Tobacco, Firearms and Explosives; or (B) | ||||||
19 | the person is an active member of a bona fide, nationally | ||||||
20 | recognized military re-enacting group and the modification | ||||||
21 | is required and necessary to accurately portray the weapon | ||||||
22 | for historical re-enactment purposes; the re-enactor is in | ||||||
23 | possession of a valid and current re-enacting group | ||||||
24 | membership credential; and the overall length of the weapon | ||||||
25 | as modified is not less than 26 inches. | ||||||
26 | During transportation, any such weapon shall be broken |
| |||||||
| |||||||
1 | down in a
non-functioning state, or not immediately | ||||||
2 | accessible.
| ||||||
3 | (d) Subsection 24-1(a)(1) does not apply to the purchase, | ||||||
4 | possession
or carrying of a black-jack or slung-shot by a peace | ||||||
5 | officer.
| ||||||
6 | (e) Subsection 24-1(a)(8) does not apply to any owner, | ||||||
7 | manager or
authorized employee of any place specified in that | ||||||
8 | subsection nor to any
law enforcement officer.
| ||||||
9 | (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and | ||||||
10 | Section 24-1.6
do not apply
to members of any club or | ||||||
11 | organization organized for the purpose of practicing
shooting | ||||||
12 | at targets upon established target ranges, whether public or | ||||||
13 | private,
while using their firearms on those target ranges.
| ||||||
14 | (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply | ||||||
15 | to:
| ||||||
16 | (1) Members of the Armed Services or Reserve Forces of | ||||||
17 | the United
States or the Illinois National Guard, while in | ||||||
18 | the performance of their
official duty.
| ||||||
19 | (2) Bonafide collectors of antique or surplus military | ||||||
20 | ordinance.
| ||||||
21 | (3) Laboratories having a department of forensic | ||||||
22 | ballistics, or
specializing in the development of | ||||||
23 | ammunition or explosive ordinance.
| ||||||
24 | (4) Commerce, preparation, assembly or possession of | ||||||
25 | explosive
bullets by manufacturers of ammunition licensed | ||||||
26 | by the federal government,
in connection with the supply of |
| |||||||
| |||||||
1 | those organizations and persons exempted
by subdivision | ||||||
2 | (g)(1) of this Section, or like organizations and persons
| ||||||
3 | outside this State, or the transportation of explosive | ||||||
4 | bullets to any
organization or person exempted in this | ||||||
5 | Section by a common carrier or by a
vehicle owned or leased | ||||||
6 | by an exempted manufacturer.
| ||||||
7 | (g-5) Subsection 24-1(a)(6) does not apply to or affect | ||||||
8 | persons licensed
under federal law to manufacture any device or | ||||||
9 | attachment of any kind designed,
used, or intended for use in | ||||||
10 | silencing the report of any firearm, firearms, or
ammunition
| ||||||
11 | for those firearms equipped with those devices, and actually | ||||||
12 | engaged in the
business of manufacturing those devices, | ||||||
13 | firearms, or ammunition, but only with
respect to
activities | ||||||
14 | that are within the lawful scope of that business, such as the
| ||||||
15 | manufacture, transportation, or testing of those devices, | ||||||
16 | firearms, or
ammunition. This
exemption does not authorize the | ||||||
17 | general private possession of any device or
attachment of any | ||||||
18 | kind designed, used, or intended for use in silencing the
| ||||||
19 | report of any firearm, but only such possession and activities | ||||||
20 | as are within
the
lawful scope of a licensed manufacturing | ||||||
21 | business described in this subsection
(g-5). During | ||||||
22 | transportation, these devices shall be detached from any weapon
| ||||||
23 | or
not immediately accessible.
| ||||||
24 | (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
| ||||||
25 | 24-1.6 do not apply to
or affect any parole agent or parole | ||||||
26 | supervisor who meets the qualifications and conditions |
| |||||||
| |||||||
1 | prescribed in Section 3-14-1.5 of the Unified Code of | ||||||
2 | Corrections. | ||||||
3 | (g-7) Subsection 24-1(a)(6) does not apply to a peace | ||||||
4 | officer while serving as a member of a tactical response team | ||||||
5 | or special operations team. A peace officer may not personally | ||||||
6 | own or apply for ownership of a device or attachment of any | ||||||
7 | kind designed, used, or intended for use in silencing the | ||||||
8 | report of any firearm. These devices shall be owned and | ||||||
9 | maintained by lawfully recognized units of government whose | ||||||
10 | duties include the investigation of criminal acts. | ||||||
11 | (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and | ||||||
12 | 24-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an | ||||||
13 | athlete's possession, transport on official Olympic and | ||||||
14 | Paralympic transit systems established for athletes, or use of | ||||||
15 | competition firearms sanctioned by the International Olympic | ||||||
16 | Committee, the International Paralympic Committee, the | ||||||
17 | International Shooting Sport Federation, or USA Shooting in | ||||||
18 | connection with such athlete's training for and participation | ||||||
19 | in shooting competitions at the 2016 Olympic and Paralympic | ||||||
20 | Games and sanctioned test events leading up to the 2016 Olympic | ||||||
21 | and Paralympic Games. | ||||||
22 | (h) An information or indictment based upon a violation of | ||||||
23 | any
subsection of this Article need not negative any exemptions | ||||||
24 | contained in
this Article. The defendant shall have the burden | ||||||
25 | of proving such an
exemption.
| ||||||
26 | (i) Nothing in this Article shall prohibit, apply to, or |
| |||||||
| |||||||
1 | affect
the transportation, carrying, or possession, of any | ||||||
2 | pistol or revolver,
stun gun, taser, or other firearm consigned | ||||||
3 | to a common carrier operating
under license of the State of | ||||||
4 | Illinois or the federal government, where
such transportation, | ||||||
5 | carrying, or possession is incident to the lawful
| ||||||
6 | transportation in which such common carrier is engaged; and | ||||||
7 | nothing in this
Article shall prohibit, apply to, or affect the | ||||||
8 | transportation, carrying,
or possession of any pistol, | ||||||
9 | revolver, stun gun, taser, or other firearm,
not the subject of | ||||||
10 | and regulated by subsection 24-1(a)(7) or subsection
24-2(c) of | ||||||
11 | this Article, which is unloaded and enclosed in a firearm case, | ||||||
12 | firearm
carrying box, shipping box, or other similar portable | ||||||
13 | container designed for the safe transportation of firearms , by | ||||||
14 | the possessor of a valid
Firearm Owners Identification Card.
| ||||||
15 | (Source: P.A. 96-7, eff. 4-3-09; 96-230, eff. 1-1-10; 96-742, | ||||||
16 | eff. 8-25-09; 96-1000, eff. 7-2-10; 97-465, eff. 8-22-11; | ||||||
17 | 97-676, eff. 6-1-12; 97-936, eff. 1-1-13; 97-1010, eff. 1-1-13; | ||||||
18 | revised 8-23-12.)
| ||||||
19 | (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
| ||||||
20 | (Text of Section before amendment by P.A. 97-1167 )
| ||||||
21 | Sec. 24-3. Unlawful sale or delivery of firearms.
| ||||||
22 | (A) A person commits the offense of unlawful sale or | ||||||
23 | delivery of firearms when he
or she knowingly does any of the | ||||||
24 | following:
| ||||||
25 | (a) Sells or gives any firearm of a size which may be |
| |||||||
| |||||||
1 | concealed upon the
person to any person under 18 years of | ||||||
2 | age.
| ||||||
3 | (b) Sells or gives any firearm to a person under 21 | ||||||
4 | years of age who has
been convicted of a misdemeanor other | ||||||
5 | than a traffic offense or adjudged
delinquent.
| ||||||
6 | (c) Sells or gives any firearm to any narcotic addict.
| ||||||
7 | (d) Sells or gives any firearm to any person who has | ||||||
8 | been convicted of a
felony under the laws of this or any | ||||||
9 | other jurisdiction.
| ||||||
10 | (e) Sells or gives any firearm to any person who has | ||||||
11 | been a patient in a
mental hospital within the past 5 | ||||||
12 | years.
| ||||||
13 | (f) Sells or gives any firearms to any person who is | ||||||
14 | intellectually disabled.
| ||||||
15 | (g) Delivers any firearm of a size which may be | ||||||
16 | concealed upon the
person, incidental to a sale, without | ||||||
17 | withholding delivery of such firearm
for at least 72 hours | ||||||
18 | after application for its purchase has been made, or
| ||||||
19 | delivers any rifle, shotgun or other long gun, or a stun | ||||||
20 | gun or taser, incidental to a sale,
without withholding | ||||||
21 | delivery of such rifle, shotgun or other long gun, or a | ||||||
22 | stun gun or taser for
at least 24 hours after application | ||||||
23 | for its purchase has been made.
However,
this paragraph (g) | ||||||
24 | does not apply to: (1) the sale of a firearm
to a law | ||||||
25 | enforcement officer if the seller of the firearm knows that | ||||||
26 | the person to whom he or she is selling the firearm is a |
| |||||||
| |||||||
1 | law enforcement officer or the sale of a firearm to a | ||||||
2 | person who desires to purchase a firearm for
use in | ||||||
3 | promoting the public interest incident to his or her | ||||||
4 | employment as a
bank guard, armed truck guard, or other | ||||||
5 | similar employment; (2) a mail
order sale of a firearm to a | ||||||
6 | nonresident of Illinois under which the firearm
is mailed | ||||||
7 | to a point outside the boundaries of Illinois; (3) the sale
| ||||||
8 | of a firearm to a nonresident of Illinois while at a | ||||||
9 | firearm showing or display
recognized by the Illinois | ||||||
10 | Department of State Police; or (4) the sale of a
firearm to | ||||||
11 | a dealer licensed as a federal firearms dealer under | ||||||
12 | Section 923
of the federal Gun Control Act of 1968 (18 | ||||||
13 | U.S.C. 923). For purposes of this paragraph (g), | ||||||
14 | "application" means when the buyer and seller reach an | ||||||
15 | agreement to purchase a firearm.
| ||||||
16 | (h) While holding any license
as a dealer,
importer, | ||||||
17 | manufacturer or pawnbroker
under the federal Gun Control | ||||||
18 | Act of 1968,
manufactures, sells or delivers to any | ||||||
19 | unlicensed person a handgun having
a barrel, slide, frame | ||||||
20 | or receiver which is a die casting of zinc alloy or
any | ||||||
21 | other nonhomogeneous metal which will melt or deform at a | ||||||
22 | temperature
of less than 800 degrees Fahrenheit. For | ||||||
23 | purposes of this paragraph, (1)
"firearm" is defined as in | ||||||
24 | the Firearm Owners Identification Card Act; and (2)
| ||||||
25 | "handgun" is defined as a firearm designed to be held
and | ||||||
26 | fired by the use of a single hand, and includes a |
| |||||||
| |||||||
1 | combination of parts from
which such a firearm can be | ||||||
2 | assembled.
| ||||||
3 | (i) Sells or gives a firearm of any size to any person | ||||||
4 | under 18 years of
age who does not possess a valid Firearm | ||||||
5 | Owner's Identification Card.
| ||||||
6 | (j) Sells or gives a firearm while engaged in the | ||||||
7 | business of selling
firearms at wholesale or retail without | ||||||
8 | being licensed as a federal firearms
dealer under Section | ||||||
9 | 923 of the federal Gun Control Act of 1968 (18 U.S.C.
923). | ||||||
10 | In this paragraph (j):
| ||||||
11 | A person "engaged in the business" means a person who | ||||||
12 | devotes time,
attention, and
labor to
engaging in the | ||||||
13 | activity as a regular course of trade or business with the
| ||||||
14 | principal objective of livelihood and profit, but does not | ||||||
15 | include a person who
makes occasional repairs of firearms | ||||||
16 | or who occasionally fits special barrels,
stocks, or | ||||||
17 | trigger mechanisms to firearms.
| ||||||
18 | "With the principal objective of livelihood and | ||||||
19 | profit" means that the
intent
underlying the sale or | ||||||
20 | disposition of firearms is predominantly one of
obtaining | ||||||
21 | livelihood and pecuniary gain, as opposed to other intents, | ||||||
22 | such as
improving or liquidating a personal firearms | ||||||
23 | collection; however, proof of
profit shall not be required | ||||||
24 | as to a person who engages in the regular and
repetitive | ||||||
25 | purchase and disposition of firearms for criminal purposes | ||||||
26 | or
terrorism.
|
| |||||||
| |||||||
1 | (k) Sells or transfers ownership of a firearm to a | ||||||
2 | person who does not display to the seller or transferor of | ||||||
3 | the firearm a currently valid Firearm Owner's | ||||||
4 | Identification Card that has previously been issued in the | ||||||
5 | transferee's name by the Department of State Police under | ||||||
6 | the provisions of the Firearm Owners Identification Card | ||||||
7 | Act. This paragraph (k) does not apply to the transfer of a | ||||||
8 | firearm to a person who is exempt from the requirement of | ||||||
9 | possessing a Firearm Owner's Identification Card under | ||||||
10 | Section 2 of the Firearm Owners Identification Card Act. | ||||||
11 | For the purposes of this Section, a currently valid Firearm | ||||||
12 | Owner's Identification Card means (i) a Firearm Owner's | ||||||
13 | Identification Card that has not expired or (ii) if the | ||||||
14 | transferor is licensed as a federal firearms dealer under | ||||||
15 | Section 923 of the federal Gun Control Act of 1968 (18 | ||||||
16 | U.S.C. 923), an approval number issued in accordance with | ||||||
17 | Section 3.1 of the Firearm Owners Identification Card Act | ||||||
18 | shall be proof that the Firearm Owner's Identification Card | ||||||
19 | was valid. | ||||||
20 | (l) Not
being entitled to the possession of a firearm, | ||||||
21 | delivers the
firearm, knowing it to have been stolen or | ||||||
22 | converted. It may be inferred that
a person who possesses a | ||||||
23 | firearm with knowledge that its serial number has
been | ||||||
24 | removed or altered has knowledge that the firearm is stolen | ||||||
25 | or converted. | ||||||
26 | (m) Transfers or possesses with intent to transfer a |
| |||||||
| |||||||
1 | firearm to another person who is not a firearms dealer | ||||||
2 | permittee under the Gun Safety and Responsibility Act, | ||||||
3 | without complying with subsection (a-5) of Section 3 of the | ||||||
4 | Firearm Owners Identification Card Act by conducting the | ||||||
5 | transfer through a firearms dealer permittee. This | ||||||
6 | paragraph (m) does not apply to a firearms dealer | ||||||
7 | permittee, or any of the persons listed as exceptions in | ||||||
8 | subsection (a-5) of Section 3 of the Firearm Owners | ||||||
9 | Identification Card Act. | ||||||
10 | (n) Transfers or possesses with intent to transfer a | ||||||
11 | firearm to another person without complying with Section 90 | ||||||
12 | of the Gun Safety and Responsibility Act. This paragraph | ||||||
13 | (n) does not apply to any of the persons listed in Section | ||||||
14 | 100 of the Gun Safety and Responsibility Act. | ||||||
15 | (B) Paragraph (h) of subsection (A) does not include | ||||||
16 | firearms sold within 6
months after enactment of Public
Act | ||||||
17 | 78-355 (approved August 21, 1973, effective October 1, 1973), | ||||||
18 | nor is any
firearm legally owned or
possessed by any citizen or | ||||||
19 | purchased by any citizen within 6 months after the
enactment of | ||||||
20 | Public Act 78-355 subject
to confiscation or seizure under the | ||||||
21 | provisions of that Public Act. Nothing in
Public Act 78-355 | ||||||
22 | shall be construed to prohibit the gift or trade of
any firearm | ||||||
23 | if that firearm was legally held or acquired within 6 months | ||||||
24 | after
the enactment of that Public Act.
| ||||||
25 | (C) Sentence.
| ||||||
26 | (1) Any person convicted of unlawful sale or delivery |
| |||||||
| |||||||
1 | of firearms in violation of
paragraph (c), (e), (f), (g), | ||||||
2 | or (h) of subsection (A) commits a Class
4
felony.
| ||||||
3 | (2) Any person convicted of unlawful sale or delivery | ||||||
4 | of firearms in violation of
paragraph (b) or (i) of | ||||||
5 | subsection (A) commits a Class 3 felony.
| ||||||
6 | (3) Any person convicted of unlawful sale or delivery | ||||||
7 | of firearms in violation of
paragraph (a) of subsection (A) | ||||||
8 | commits a Class 2 felony.
| ||||||
9 | (4) Any person convicted of unlawful sale or delivery | ||||||
10 | of firearms in violation of
paragraph (a), (b), or (i) , | ||||||
11 | (m), or (n) of subsection (A) in any school, on the real
| ||||||
12 | property comprising a school, within 1,000 feet of the real | ||||||
13 | property comprising
a school, at a school related activity, | ||||||
14 | or on or within 1,000 feet of any
conveyance owned, leased, | ||||||
15 | or contracted by a school or school district to
transport | ||||||
16 | students to or from school or a school related activity,
| ||||||
17 | regardless of the time of day or time of year at which the | ||||||
18 | offense
was committed, commits a Class 1 felony. Any person | ||||||
19 | convicted of a second
or subsequent violation of unlawful | ||||||
20 | sale or delivery of firearms in violation of paragraph
(a), | ||||||
21 | (b), or (i) , (m), or (n) of subsection (A) in any school, | ||||||
22 | on the real property
comprising a school, within 1,000 feet | ||||||
23 | of the real property comprising a
school, at a school | ||||||
24 | related activity, or on or within 1,000 feet of any
| ||||||
25 | conveyance owned, leased, or contracted by a school or | ||||||
26 | school district to
transport students to or from school or |
| |||||||
| |||||||
1 | a school related activity,
regardless of the time of day or | ||||||
2 | time of year at which the offense
was committed, commits a | ||||||
3 | Class 1 felony for which the sentence shall be a
term of | ||||||
4 | imprisonment of no less than 5 years and no more than 15 | ||||||
5 | years.
| ||||||
6 | (5) Any person convicted of unlawful sale or delivery | ||||||
7 | of firearms in violation of
paragraph (a) or (i) of | ||||||
8 | subsection (A) in residential property owned,
operated, or | ||||||
9 | managed by a public housing agency or leased by a public | ||||||
10 | housing
agency as part of a scattered site or mixed-income | ||||||
11 | development, in a public
park, in a
courthouse, on | ||||||
12 | residential property owned, operated, or managed by a | ||||||
13 | public
housing agency or leased by a public housing agency | ||||||
14 | as part of a scattered site
or mixed-income development, on | ||||||
15 | the real property comprising any public park,
on the real
| ||||||
16 | property comprising any courthouse, or on any public way | ||||||
17 | within 1,000 feet
of the real property comprising any | ||||||
18 | public park, courthouse, or residential
property owned, | ||||||
19 | operated, or managed by a public housing agency or leased | ||||||
20 | by a
public housing agency as part of a scattered site or | ||||||
21 | mixed-income development
commits a
Class 2 felony.
| ||||||
22 | (6) Any person convicted of unlawful sale or delivery | ||||||
23 | of firearms in violation of
paragraph (j) of subsection (A) | ||||||
24 | commits a Class A misdemeanor. A second or
subsequent | ||||||
25 | violation is a Class 4 felony. | ||||||
26 | (7) Any person convicted of unlawful sale or delivery |
| |||||||
| |||||||
1 | of firearms in violation of paragraph (k) of subsection (A) | ||||||
2 | commits a Class 4 felony. A third or subsequent conviction | ||||||
3 | for a violation of paragraph (k) of subsection (A) is a | ||||||
4 | Class 1 felony.
| ||||||
5 | (8) A person 18 years of age or older convicted of | ||||||
6 | unlawful sale or delivery of firearms in violation of | ||||||
7 | paragraph (a) or (i) of subsection (A), when the firearm | ||||||
8 | that was sold or given to another person under 18 years of | ||||||
9 | age was used in the commission of or attempt to commit a | ||||||
10 | forcible felony, shall be fined or imprisoned, or both, not | ||||||
11 | to exceed the maximum provided for the most serious | ||||||
12 | forcible felony so committed or attempted by the person | ||||||
13 | under 18 years of age who was sold or given the firearm. | ||||||
14 | (9) Any person convicted of unlawful sale or delivery | ||||||
15 | of firearms in violation of
paragraph (d) of subsection (A) | ||||||
16 | commits a Class 3 felony. | ||||||
17 | (10) Any person convicted of unlawful sale or delivery | ||||||
18 | of firearms in violation of paragraph (l) of subsection (A) | ||||||
19 | commits a Class 2 felony if the delivery is of one firearm. | ||||||
20 | Any person convicted of unlawful sale or delivery of | ||||||
21 | firearms in violation of paragraph (l) of subsection (A) | ||||||
22 | commits a Class 1 felony if the delivery is of not less | ||||||
23 | than 2 and not more than 5 firearms at the
same time or | ||||||
24 | within a one year period. Any person convicted of unlawful | ||||||
25 | sale or delivery of firearms in violation of paragraph (l) | ||||||
26 | of subsection (A) commits a Class X felony for which he or |
| |||||||
| |||||||
1 | she shall be sentenced
to a term of imprisonment of not | ||||||
2 | less than 6 years and not more than 30
years if the | ||||||
3 | delivery is of not less than 6 and not more than 10 | ||||||
4 | firearms at the
same time or within a 2 year period. Any | ||||||
5 | person convicted of unlawful sale or delivery of firearms | ||||||
6 | in violation of paragraph (l) of subsection (A) commits a | ||||||
7 | Class X felony for which he or she shall be sentenced
to a | ||||||
8 | term of imprisonment of not less than 6 years and not more | ||||||
9 | than 40
years if the delivery is of not less than 11 and | ||||||
10 | not more than 20 firearms at the
same time or within a 3 | ||||||
11 | year period. Any person convicted of unlawful sale or | ||||||
12 | delivery of firearms in violation of paragraph (l) of | ||||||
13 | subsection (A) commits a Class X felony for which he or she | ||||||
14 | shall be sentenced
to a term of imprisonment of not less | ||||||
15 | than 6 years and not more than 50
years if the delivery is | ||||||
16 | of not less than 21 and not more than 30 firearms at the
| ||||||
17 | same time or within a 4 year period. Any person convicted | ||||||
18 | of unlawful sale or delivery of firearms in violation of | ||||||
19 | paragraph (l) of subsection (A) commits a Class X felony | ||||||
20 | for which he or she shall be sentenced
to a term of | ||||||
21 | imprisonment of not less than 6 years and not more than 60
| ||||||
22 | years if the delivery is of 31 or more firearms at the
same | ||||||
23 | time or within a 5 year period. | ||||||
24 | (D) For purposes of this Section:
| ||||||
25 | "School" means a public or private elementary or secondary | ||||||
26 | school,
community college, college, or university.
|
| |||||||
| |||||||
1 | "School related activity" means any sporting, social, | ||||||
2 | academic, or
other activity for which students' attendance or | ||||||
3 | participation is sponsored,
organized, or funded in whole or in | ||||||
4 | part by a school or school district.
| ||||||
5 | (E) A prosecution for a violation of paragraph (k) of | ||||||
6 | subsection (A) of this Section may be commenced within 6 years | ||||||
7 | after the commission of the offense. A prosecution for a | ||||||
8 | violation of this Section other than paragraph (g) of | ||||||
9 | subsection (A) of this Section may be commenced within 5 years | ||||||
10 | after the commission of the offense defined in the particular | ||||||
11 | paragraph.
| ||||||
12 | (Source: P.A. 96-190, eff. 1-1-10; 97-227, eff. 1-1-12; 97-347, | ||||||
13 | eff. 1-1-12; 97-813, eff. 7-13-12.)
| ||||||
14 | (Text of Section after amendment by P.A. 97-1167 )
| ||||||
15 | Sec. 24-3. Unlawful sale or delivery of firearms.
| ||||||
16 | (A) A person commits the offense of unlawful sale or | ||||||
17 | delivery of firearms when he
or she knowingly does any of the | ||||||
18 | following:
| ||||||
19 | (a) Sells or gives any firearm of a size which may be | ||||||
20 | concealed upon the
person to any person under 18 years of | ||||||
21 | age.
| ||||||
22 | (b) Sells or gives any firearm to a person under 21 | ||||||
23 | years of age who has
been convicted of a misdemeanor other | ||||||
24 | than a traffic offense or adjudged
delinquent.
| ||||||
25 | (c) Sells or gives any firearm to any narcotic addict.
|
| |||||||
| |||||||
1 | (d) Sells or gives any firearm to any person who has | ||||||
2 | been convicted of a
felony under the laws of this or any | ||||||
3 | other jurisdiction.
| ||||||
4 | (e) Sells or gives any firearm to any person who has | ||||||
5 | been a patient in a
mental institution within the past 5 | ||||||
6 | years. In this subsection (e): | ||||||
7 | "Mental institution" means any hospital, | ||||||
8 | institution, clinic, evaluation facility, mental | ||||||
9 | health center, or part thereof, which is used primarily | ||||||
10 | for the care or treatment of persons with mental | ||||||
11 | illness. | ||||||
12 | "Patient in a mental institution" means the person | ||||||
13 | was admitted, either voluntarily or involuntarily, to | ||||||
14 | a mental institution for mental health treatment, | ||||||
15 | unless the treatment was voluntary and solely for an | ||||||
16 | alcohol abuse disorder and no other secondary | ||||||
17 | substance abuse disorder or mental illness.
| ||||||
18 | (f) Sells or gives any firearms to any person who is | ||||||
19 | intellectually disabled.
| ||||||
20 | (g) Delivers any firearm of a size which may be | ||||||
21 | concealed upon the
person, incidental to a sale, without | ||||||
22 | withholding delivery of such firearm
for at least 72 hours | ||||||
23 | after application for its purchase has been made, or
| ||||||
24 | delivers any rifle, shotgun or other long gun, or a stun | ||||||
25 | gun or taser, incidental to a sale,
without withholding | ||||||
26 | delivery of such rifle, shotgun or other long gun, or a |
| |||||||
| |||||||
1 | stun gun or taser for
at least 24 hours after application | ||||||
2 | for its purchase has been made.
However,
this paragraph (g) | ||||||
3 | does not apply to: (1) the sale of a firearm
to a law | ||||||
4 | enforcement officer if the seller of the firearm knows that | ||||||
5 | the person to whom he or she is selling the firearm is a | ||||||
6 | law enforcement officer or the sale of a firearm to a | ||||||
7 | person who desires to purchase a firearm for
use in | ||||||
8 | promoting the public interest incident to his or her | ||||||
9 | employment as a
bank guard, armed truck guard, or other | ||||||
10 | similar employment; (2) a mail
order sale of a firearm to a | ||||||
11 | nonresident of Illinois under which the firearm
is mailed | ||||||
12 | to a point outside the boundaries of Illinois; (3) the sale
| ||||||
13 | of a firearm to a nonresident of Illinois while at a | ||||||
14 | firearm showing or display
recognized by the Illinois | ||||||
15 | Department of State Police; or (4) the sale of a
firearm to | ||||||
16 | a dealer licensed as a federal firearms dealer under | ||||||
17 | Section 923
of the federal Gun Control Act of 1968 (18 | ||||||
18 | U.S.C. 923). For purposes of this paragraph (g), | ||||||
19 | "application" means when the buyer and seller reach an | ||||||
20 | agreement to purchase a firearm.
| ||||||
21 | (h) While holding any license
as a dealer,
importer, | ||||||
22 | manufacturer or pawnbroker
under the federal Gun Control | ||||||
23 | Act of 1968,
manufactures, sells or delivers to any | ||||||
24 | unlicensed person a handgun having
a barrel, slide, frame | ||||||
25 | or receiver which is a die casting of zinc alloy or
any | ||||||
26 | other nonhomogeneous metal which will melt or deform at a |
| |||||||
| |||||||
1 | temperature
of less than 800 degrees Fahrenheit. For | ||||||
2 | purposes of this paragraph, (1)
"firearm" is defined as in | ||||||
3 | the Firearm Owners Identification Card Act; and (2)
| ||||||
4 | "handgun" is defined as a firearm designed to be held
and | ||||||
5 | fired by the use of a single hand, and includes a | ||||||
6 | combination of parts from
which such a firearm can be | ||||||
7 | assembled.
| ||||||
8 | (i) Sells or gives a firearm of any size to any person | ||||||
9 | under 18 years of
age who does not possess a valid Firearm | ||||||
10 | Owner's Identification Card.
| ||||||
11 | (j) Sells or gives a firearm while engaged in the | ||||||
12 | business of selling
firearms at wholesale or retail without | ||||||
13 | being licensed as a federal firearms
dealer under Section | ||||||
14 | 923 of the federal Gun Control Act of 1968 (18 U.S.C.
923). | ||||||
15 | In this paragraph (j):
| ||||||
16 | A person "engaged in the business" means a person who | ||||||
17 | devotes time,
attention, and
labor to
engaging in the | ||||||
18 | activity as a regular course of trade or business with the
| ||||||
19 | principal objective of livelihood and profit, but does not | ||||||
20 | include a person who
makes occasional repairs of firearms | ||||||
21 | or who occasionally fits special barrels,
stocks, or | ||||||
22 | trigger mechanisms to firearms.
| ||||||
23 | "With the principal objective of livelihood and | ||||||
24 | profit" means that the
intent
underlying the sale or | ||||||
25 | disposition of firearms is predominantly one of
obtaining | ||||||
26 | livelihood and pecuniary gain, as opposed to other intents, |
| |||||||
| |||||||
1 | such as
improving or liquidating a personal firearms | ||||||
2 | collection; however, proof of
profit shall not be required | ||||||
3 | as to a person who engages in the regular and
repetitive | ||||||
4 | purchase and disposition of firearms for criminal purposes | ||||||
5 | or
terrorism.
| ||||||
6 | (k) Sells or transfers ownership of a firearm to a | ||||||
7 | person who does not display to the seller or transferor of | ||||||
8 | the firearm a currently valid Firearm Owner's | ||||||
9 | Identification Card that has previously been issued in the | ||||||
10 | transferee's name by the Department of State Police under | ||||||
11 | the provisions of the Firearm Owners Identification Card | ||||||
12 | Act. This paragraph (k) does not apply to the transfer of a | ||||||
13 | firearm to a person who is exempt from the requirement of | ||||||
14 | possessing a Firearm Owner's Identification Card under | ||||||
15 | Section 2 of the Firearm Owners Identification Card Act. | ||||||
16 | For the purposes of this Section, a currently valid Firearm | ||||||
17 | Owner's Identification Card means (i) a Firearm Owner's | ||||||
18 | Identification Card that has not expired or (ii) if the | ||||||
19 | transferor is licensed as a federal firearms dealer under | ||||||
20 | Section 923 of the federal Gun Control Act of 1968 (18 | ||||||
21 | U.S.C. 923), an approval number issued in accordance with | ||||||
22 | Section 3.1 of the Firearm Owners Identification Card Act | ||||||
23 | shall be proof that the Firearm Owner's Identification Card | ||||||
24 | was valid. | ||||||
25 | (l) Not
being entitled to the possession of a firearm, | ||||||
26 | delivers the
firearm, knowing it to have been stolen or |
| |||||||
| |||||||
1 | converted. It may be inferred that
a person who possesses a | ||||||
2 | firearm with knowledge that its serial number has
been | ||||||
3 | removed or altered has knowledge that the firearm is stolen | ||||||
4 | or converted. | ||||||
5 | (m) Transfers or possesses with intent to transfer a | ||||||
6 | firearm to another person who is not a firearms dealer | ||||||
7 | permittee under the Gun Safety and Responsibility Act, | ||||||
8 | without complying with subsection (a-5) of Section 3 of the | ||||||
9 | Firearm Owners Identification Card Act by conducting the | ||||||
10 | transfer through a firearms dealer permittee. This | ||||||
11 | paragraph (m) does not apply to a firearms dealer | ||||||
12 | permittee, or any of the persons listed as exceptions in | ||||||
13 | subsection (a-5) of Section 3 of the Firearm Owners | ||||||
14 | Identification Card Act. | ||||||
15 | (n) Transfers or possesses with intent to transfer a | ||||||
16 | firearm to another person without complying with Section 90 | ||||||
17 | of the Gun Safety and Responsibility Act. This paragraph | ||||||
18 | (n) does not apply to any of the persons listed in Section | ||||||
19 | 100 of the Gun Safety and Responsibility Act. | ||||||
20 | (B) Paragraph (h) of subsection (A) does not include | ||||||
21 | firearms sold within 6
months after enactment of Public
Act | ||||||
22 | 78-355 (approved August 21, 1973, effective October 1, 1973), | ||||||
23 | nor is any
firearm legally owned or
possessed by any citizen or | ||||||
24 | purchased by any citizen within 6 months after the
enactment of | ||||||
25 | Public Act 78-355 subject
to confiscation or seizure under the | ||||||
26 | provisions of that Public Act. Nothing in
Public Act 78-355 |
| |||||||
| |||||||
1 | shall be construed to prohibit the gift or trade of
any firearm | ||||||
2 | if that firearm was legally held or acquired within 6 months | ||||||
3 | after
the enactment of that Public Act.
| ||||||
4 | (C) Sentence.
| ||||||
5 | (1) Any person convicted of unlawful sale or delivery | ||||||
6 | of firearms in violation of
paragraph (c), (e), (f), (g), | ||||||
7 | or (h) of subsection (A) commits a Class
4
felony.
| ||||||
8 | (2) Any person convicted of unlawful sale or delivery | ||||||
9 | of firearms in violation of
paragraph (b) or (i) of | ||||||
10 | subsection (A) commits a Class 3 felony.
| ||||||
11 | (3) Any person convicted of unlawful sale or delivery | ||||||
12 | of firearms in violation of
paragraph (a) of subsection (A) | ||||||
13 | commits a Class 2 felony.
| ||||||
14 | (4) Any person convicted of unlawful sale or delivery | ||||||
15 | of firearms in violation of
paragraph (a), (b), or (i) , | ||||||
16 | (m), or (n) of subsection (A) in any school, on the real
| ||||||
17 | property comprising a school, within 1,000 feet of the real | ||||||
18 | property comprising
a school, at a school related activity, | ||||||
19 | or on or within 1,000 feet of any
conveyance owned, leased, | ||||||
20 | or contracted by a school or school district to
transport | ||||||
21 | students to or from school or a school related activity,
| ||||||
22 | regardless of the time of day or time of year at which the | ||||||
23 | offense
was committed, commits a Class 1 felony. Any person | ||||||
24 | convicted of a second
or subsequent violation of unlawful | ||||||
25 | sale or delivery of firearms in violation of paragraph
(a), | ||||||
26 | (b), or (i) , (m), or (n) of subsection (A) in any school, |
| |||||||
| |||||||
1 | on the real property
comprising a school, within 1,000 feet | ||||||
2 | of the real property comprising a
school, at a school | ||||||
3 | related activity, or on or within 1,000 feet of any
| ||||||
4 | conveyance owned, leased, or contracted by a school or | ||||||
5 | school district to
transport students to or from school or | ||||||
6 | a school related activity,
regardless of the time of day or | ||||||
7 | time of year at which the offense
was committed, commits a | ||||||
8 | Class 1 felony for which the sentence shall be a
term of | ||||||
9 | imprisonment of no less than 5 years and no more than 15 | ||||||
10 | years.
| ||||||
11 | (5) Any person convicted of unlawful sale or delivery | ||||||
12 | of firearms in violation of
paragraph (a) or (i) of | ||||||
13 | subsection (A) in residential property owned,
operated, or | ||||||
14 | managed by a public housing agency or leased by a public | ||||||
15 | housing
agency as part of a scattered site or mixed-income | ||||||
16 | development, in a public
park, in a
courthouse, on | ||||||
17 | residential property owned, operated, or managed by a | ||||||
18 | public
housing agency or leased by a public housing agency | ||||||
19 | as part of a scattered site
or mixed-income development, on | ||||||
20 | the real property comprising any public park,
on the real
| ||||||
21 | property comprising any courthouse, or on any public way | ||||||
22 | within 1,000 feet
of the real property comprising any | ||||||
23 | public park, courthouse, or residential
property owned, | ||||||
24 | operated, or managed by a public housing agency or leased | ||||||
25 | by a
public housing agency as part of a scattered site or | ||||||
26 | mixed-income development
commits a
Class 2 felony.
|
| |||||||
| |||||||
1 | (6) Any person convicted of unlawful sale or delivery | ||||||
2 | of firearms in violation of
paragraph (j) of subsection (A) | ||||||
3 | commits a Class A misdemeanor. A second or
subsequent | ||||||
4 | violation is a Class 4 felony. | ||||||
5 | (7) Any person convicted of unlawful sale or delivery | ||||||
6 | of firearms in violation of paragraph (k) of subsection (A) | ||||||
7 | commits a Class 4 felony. A third or subsequent conviction | ||||||
8 | for a violation of paragraph (k) of subsection (A) is a | ||||||
9 | Class 1 felony.
| ||||||
10 | (8) A person 18 years of age or older convicted of | ||||||
11 | unlawful sale or delivery of firearms in violation of | ||||||
12 | paragraph (a) or (i) of subsection (A), when the firearm | ||||||
13 | that was sold or given to another person under 18 years of | ||||||
14 | age was used in the commission of or attempt to commit a | ||||||
15 | forcible felony, shall be fined or imprisoned, or both, not | ||||||
16 | to exceed the maximum provided for the most serious | ||||||
17 | forcible felony so committed or attempted by the person | ||||||
18 | under 18 years of age who was sold or given the firearm. | ||||||
19 | (9) Any person convicted of unlawful sale or delivery | ||||||
20 | of firearms in violation of
paragraph (d) of subsection (A) | ||||||
21 | commits a Class 3 felony. | ||||||
22 | (10) Any person convicted of unlawful sale or delivery | ||||||
23 | of firearms in violation of paragraph (l) of subsection (A) | ||||||
24 | commits a Class 2 felony if the delivery is of one firearm. | ||||||
25 | Any person convicted of unlawful sale or delivery of | ||||||
26 | firearms in violation of paragraph (l) of subsection (A) |
| |||||||
| |||||||
1 | commits a Class 1 felony if the delivery is of not less | ||||||
2 | than 2 and not more than 5 firearms at the
same time or | ||||||
3 | within a one year period. Any person convicted of unlawful | ||||||
4 | sale or delivery of firearms in violation of paragraph (l) | ||||||
5 | of subsection (A) commits a Class X felony for which he or | ||||||
6 | she shall be sentenced
to a term of imprisonment of not | ||||||
7 | less than 6 years and not more than 30
years if the | ||||||
8 | delivery is of not less than 6 and not more than 10 | ||||||
9 | firearms at the
same time or within a 2 year period. Any | ||||||
10 | person convicted of unlawful sale or delivery of firearms | ||||||
11 | in violation of paragraph (l) of subsection (A) commits a | ||||||
12 | Class X felony for which he or she shall be sentenced
to a | ||||||
13 | term of imprisonment of not less than 6 years and not more | ||||||
14 | than 40
years if the delivery is of not less than 11 and | ||||||
15 | not more than 20 firearms at the
same time or within a 3 | ||||||
16 | year period. Any person convicted of unlawful sale or | ||||||
17 | delivery of firearms in violation of paragraph (l) of | ||||||
18 | subsection (A) commits a Class X felony for which he or she | ||||||
19 | shall be sentenced
to a term of imprisonment of not less | ||||||
20 | than 6 years and not more than 50
years if the delivery is | ||||||
21 | of not less than 21 and not more than 30 firearms at the
| ||||||
22 | same time or within a 4 year period. Any person convicted | ||||||
23 | of unlawful sale or delivery of firearms in violation of | ||||||
24 | paragraph (l) of subsection (A) commits a Class X felony | ||||||
25 | for which he or she shall be sentenced
to a term of | ||||||
26 | imprisonment of not less than 6 years and not more than 60
|
| |||||||
| |||||||
1 | years if the delivery is of 31 or more firearms at the
same | ||||||
2 | time or within a 5 year period. | ||||||
3 | (D) For purposes of this Section:
| ||||||
4 | "School" means a public or private elementary or secondary | ||||||
5 | school,
community college, college, or university.
| ||||||
6 | "School related activity" means any sporting, social, | ||||||
7 | academic, or
other activity for which students' attendance or | ||||||
8 | participation is sponsored,
organized, or funded in whole or in | ||||||
9 | part by a school or school district.
| ||||||
10 | (E) A prosecution for a violation of paragraph (k) of | ||||||
11 | subsection (A) of this Section may be commenced within 6 years | ||||||
12 | after the commission of the offense. A prosecution for a | ||||||
13 | violation of this Section other than paragraph (g) of | ||||||
14 | subsection (A) of this Section may be commenced within 5 years | ||||||
15 | after the commission of the offense defined in the particular | ||||||
16 | paragraph.
| ||||||
17 | (Source: P.A. 96-190, eff. 1-1-10; 97-227, eff. 1-1-12; 97-347, | ||||||
18 | eff. 1-1-12; 97-813, eff. 7-13-12; 97-1167, eff. 6-1-13.)
| ||||||
19 | (720 ILCS 5/24-3.5)
| ||||||
20 | Sec. 24-3.5. Unlawful purchase of a firearm.
| ||||||
21 | (a) For purposes of this Section,
"firearms transaction | ||||||
22 | record form" means a form:
| ||||||
23 | (1) executed by a transferee
of a firearm stating: (i) | ||||||
24 | the transferee's name and address (including county
or | ||||||
25 | similar political subdivision); (ii) whether the |
| |||||||
| |||||||
1 | transferee is a citizen of
the United States;
(iii) the | ||||||
2 | transferee's State of residence; and (iv) the date and | ||||||
3 | place of
birth, height, weight, and race of the transferee; | ||||||
4 | and
| ||||||
5 | (2) on which the transferee certifies that he or she is | ||||||
6 | not
prohibited by federal law from transporting or shipping | ||||||
7 | a firearm
in interstate or foreign commerce or receiving a | ||||||
8 | firearm that has been shipped
or transported in interstate | ||||||
9 | or foreign commerce or possessing a firearm in or
affecting | ||||||
10 | commerce.
| ||||||
11 | (b) A person commits the offense of unlawful purchase of a | ||||||
12 | firearm when he or she who
knowingly purchases or attempts to | ||||||
13 | purchase a
firearm with the intent to deliver that firearm to | ||||||
14 | another person who
is prohibited by federal or State law from | ||||||
15 | possessing a firearm.
| ||||||
16 | (c) A person commits the offense of unlawful purchase of a | ||||||
17 | firearm when he
or she, in purchasing or attempting to purchase | ||||||
18 | a firearm, intentionally
provides false or
misleading | ||||||
19 | information on a United States Department of the Treasury, | ||||||
20 | Bureau of
Alcohol, Tobacco and Firearms firearms transaction | ||||||
21 | record form.
| ||||||
22 | (c-5) A person commits unlawful purchase of a firearm when | ||||||
23 | he or she knowingly purchases or attempts to purchase a firearm | ||||||
24 | with the intent to resell or transfer the firearm in violation | ||||||
25 | of Illinois law. | ||||||
26 | (d) Exemption. It is not a violation of subsection (b) of |
| |||||||
| |||||||
1 | this Section for a
person to make a gift or loan of a firearm to | ||||||
2 | a
person who is not
prohibited by federal or State law from | ||||||
3 | possessing a firearm
if the transfer of the firearm
is made in | ||||||
4 | accordance with Section 3 of the Firearm Owners Identification | ||||||
5 | Card
Act.
| ||||||
6 | (e) Sentence.
| ||||||
7 | (1) A person who commits the offense of unlawful | ||||||
8 | purchase of a
firearm:
| ||||||
9 | (A) is guilty of a Class 2 felony for purchasing or | ||||||
10 | attempting to
purchase one firearm;
| ||||||
11 | (B) is guilty of a Class 1 felony for purchasing or | ||||||
12 | attempting to
purchase not less than 2
firearms and not | ||||||
13 | more than 5 firearms at the same time or within a one
| ||||||
14 | year period;
| ||||||
15 | (C) is guilty of a Class X felony for which the | ||||||
16 | offender shall be sentenced to a term of imprisonment | ||||||
17 | of not less than 9 years and not more than 40 years for | ||||||
18 | purchasing or attempting to
purchase not less than 6
| ||||||
19 | firearms at the same time or within a 2
year period.
| ||||||
20 | (2) In addition to any other penalty that may be | ||||||
21 | imposed for a violation
of this Section, the court may | ||||||
22 | sentence a person convicted of a violation of
subsection | ||||||
23 | (c) of this Section to a fine not to exceed $250,000 for | ||||||
24 | each
violation.
| ||||||
25 | (f) A prosecution for unlawful purchase of a firearm may be | ||||||
26 | commenced within 6 years after the commission of the offense.
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1 | (Source: P.A. 95-882, eff. 1-1-09.)
| ||||||
2 | (720 ILCS 5/24-4.1 new) | ||||||
3 | Sec. 24-4.1. Unlawful private acquisition of firearms. | ||||||
4 | (a) It is unlawful for any person who is not a firearms | ||||||
5 | dealer permittee under the Gun Safety and Responsibility Act to | ||||||
6 | acquire a firearm from another person who is not a firearms | ||||||
7 | dealer permittee, without with complying with subsection (a-5) | ||||||
8 | of Section 3 of the Firearm Owners Identification Card Act by | ||||||
9 | conducting the transfer through a firearms dealer permittee. | ||||||
10 | (b) This Section does not apply to the persons listed as | ||||||
11 | exceptions in subsection (a-5) of Section 3 of the Firearm | ||||||
12 | Owners Identification Card Act. | ||||||
13 | (c) A violation of this Section is a Class 4 felony for a | ||||||
14 | first offense and a Class 3 felony for a second or subsequent | ||||||
15 | offense.
| ||||||
16 | (720 ILCS 5/24-4.2 new) | ||||||
17 | Sec. 24-4.2. Report of lost or stolen firearms. | ||||||
18 | (a) If a person who possesses a firearm thereafter loses or | ||||||
19 | misplaces the firearm, or if the firearm is stolen from the | ||||||
20 | person, the person must report the loss or theft to the local | ||||||
21 | law enforcement agency within 72 hours after he or she knew or | ||||||
22 | reasonably should have known of the loss or theft. | ||||||
23 | (b) Subsection (a) does not apply to the following persons: | ||||||
24 | (1) any federal law enforcement or corrections agency, |
| |||||||
| |||||||
1 | or federal law enforcement or corrections officer acting | ||||||
2 | within the course and scope of his or her employment or | ||||||
3 | official duties; or | ||||||
4 | (2) a United States Marshal or member of the armed | ||||||
5 | forces of the United States or the National Guard, or a | ||||||
6 | federal official, who is required to possess a firearm in | ||||||
7 | the operation of his or her official duties. | ||||||
8 | (c) It is unlawful for any person to report to the local | ||||||
9 | law enforcement agency that a firearm has been lost or stolen, | ||||||
10 | knowing the report to be false. | ||||||
11 | (d) A person who violates subsection (a) of this Section is | ||||||
12 | guilty of a petty offense for a first violation. A second or | ||||||
13 | subsequent violation of subsection (a) of this Section is a | ||||||
14 | Class A misdemeanor. A violation of subsection (c) of this | ||||||
15 | Section is a Class 2 felony.
| ||||||
16 | (720 ILCS 5/24-4.3 new) | ||||||
17 | Sec. 24-4.3. Safe storage of firearms. | ||||||
18 | (a) As used in this Section: | ||||||
19 | "Disabled" means rendered inoperable in such a way that | ||||||
20 | only an authorized user can make the firearm capable of firing. | ||||||
21 | "Locked" means fully enclosed and locked by a padlock, key | ||||||
22 | lock, combination lock or similar locking device. | ||||||
23 | "Residence" means any structure intended or used for human | ||||||
24 | habitation including but not limited to houses, condominiums, | ||||||
25 | rooms, in law units, motels, hotels, sro's, time-shares, |
| |||||||
| |||||||
1 | recreational and other vehicles where human habitation occurs. | ||||||
2 | "Store or keep" does not include a firearm while a person | ||||||
3 | who is in lawful possession of the firearm is carrying it on | ||||||
4 | his or her person or has the firearm under his or her immediate | ||||||
5 | control. | ||||||
6 | "Under his or her immediate control" means the firearm is | ||||||
7 | in the lawful possession of a person and it is not possible for | ||||||
8 | the firearm to come into the possession of another person | ||||||
9 | without the consent of the person in lawful possession of the | ||||||
10 | firearm, unless the other person gains access to the firearm | ||||||
11 | through means of an unlawful entry or physical force. | ||||||
12 | (b) No person shall store or keep a firearm in a residence | ||||||
13 | unless the firearm is unloaded; and | ||||||
14 | (1) the firearm is locked within a container designed | ||||||
15 | to prevent children and unauthorized users from obtaining | ||||||
16 | access to a firearm; or | ||||||
17 | (2) the firearm is disabled by a trigger lock or other | ||||||
18 | device designed to prevent children and unauthorized users | ||||||
19 | from firing the firearm. The device may be installed on the | ||||||
20 | firearm or incorporated into the design of the firearm.
| ||||||
21 | Section 995. No acceleration or delay. Where this Act makes | ||||||
22 | changes in a statute that is represented in this Act by text | ||||||
23 | that is not yet or no longer in effect (for example, a Section | ||||||
24 | represented by multiple versions), the use of that text does | ||||||
25 | not accelerate or delay the taking effect of (i) the changes |
| |||||||
| |||||||
1 | made by this Act or (ii) provisions derived from any other | ||||||
2 | Public Act.
| ||||||
3 | Section 999. Effective date. This Act takes effect upon | ||||||
4 | becoming law.".
|