Bill Text: IL SB2561 | 2017-2018 | 100th General Assembly | Engrossed

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Bill Title: Amends the Firearm Owners Identification Card Act. Provides that no person may acquire or possess any pre-packaged explosive components within this State without having in his or her possession a Firearm Owner's Identification Card previously issued in his or her name by the Department of State Police. Provides exemptions. Amends the Criminal Code of 2012. Provides that a person commits unlawful sale or delivery of pre-packaged explosive components when he or she knowingly sells or gives pre-packaged explosive components to a person who is disqualified under the Firearm Owner's Identification Card Act; sells or transfers pre-packaged explosive components to a person who does not display to the seller or transferor of the pre-packaged explosive components a currently valid Firearm Owner's Identification Card that has previously been issued in the transferee's name by the Department of State Police under the Firearm Owners Identification Card Act; or sells or gives pre-packaged explosive components while engaged in the business of selling pre-packaged explosive components at wholesale or retail without being licensed as a federal firearms dealer under the federal Gun Control Act of 1968. Provides that any person who is convicted of unlawful sale or delivery of pre-packaged explosive components commits a Class 4 felony. Defines "pre-packaged explosive components". Makes other changes. Effective July 1, 2018.

Spectrum: Moderate Partisan Bill (Democrat 12-3)

Status: (Failed) 2019-01-09 - Session Sine Die [SB2561 Detail]

Download: Illinois-2017-SB2561-Engrossed.html

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AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Firearm Owners Identification Card Act is
amended by changing Sections 1, 1.1, 2, and 3 as follows:
(430 ILCS 65/1) (from Ch. 38, par. 83-1)
Sec. 1. It is hereby declared as a matter of legislative
determination that in order to promote and protect the health,
safety, and welfare of the public, it is necessary and in the
public interest to provide a system of identifying persons who
are not qualified to acquire or possess firearms, pre-packaged
explosive components, firearm ammunition, stun guns, and
tasers within the State of Illinois by the establishment of a
system of Firearm Owner's Identification Cards, thereby
establishing a practical and workable system by which law
enforcement authorities will be afforded an opportunity to
identify those persons who are prohibited by Section 24-3.1 of
the Criminal Code of 2012, from acquiring or possessing
firearms and firearm ammunition and who are prohibited by this
Act from acquiring stun guns and tasers.
(Source: P.A. 97-1150, eff. 1-25-13.)
(430 ILCS 65/1.1) (from Ch. 38, par. 83-1.1)

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Sec. 1.1. For purposes of this Act:
"Addicted to narcotics" means a person who has been:
(1) convicted of an offense involving the use or
possession of cannabis, a controlled substance, or
methamphetamine within the past year; or
(2) determined by the Department of State Police to be
addicted to narcotics based upon federal law or federal
guidelines.
"Addicted to narcotics" does not include possession or use
of a prescribed controlled substance under the direction and
authority of a physician or other person authorized to
prescribe the controlled substance when the controlled
substance is used in the prescribed manner.
"Adjudicated as a person with a mental disability" means
the person is the subject of a determination by a court, board,
commission or other lawful authority that the person, as a
result of marked subnormal intelligence, or mental illness,
mental impairment, incompetency, condition, or disease:
(1) presents a clear and present danger to himself,
herself, or to others;
(2) lacks the mental capacity to manage his or her own
affairs or is adjudicated a person with a disability as
defined in Section 11a-2 of the Probate Act of 1975;
(3) is not guilty in a criminal case by reason of
insanity, mental disease or defect;
(3.5) is guilty but mentally ill, as provided in

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Section 5-2-6 of the Unified Code of Corrections;
(4) is incompetent to stand trial in a criminal case;
(5) is not guilty by reason of lack of mental
responsibility under Articles 50a and 72b of the Uniform
Code of Military Justice, 10 U.S.C. 850a, 876b;
(6) is a sexually violent person under subsection (f)
of Section 5 of the Sexually Violent Persons Commitment
Act;
(7) is a sexually dangerous person under the Sexually
Dangerous Persons Act;
(8) is unfit to stand trial under the Juvenile Court
Act of 1987;
(9) is not guilty by reason of insanity under the
Juvenile Court Act of 1987;
(10) is subject to involuntary admission as an
inpatient as defined in Section 1-119 of the Mental Health
and Developmental Disabilities Code;
(11) is subject to involuntary admission as an
outpatient as defined in Section 1-119.1 of the Mental
Health and Developmental Disabilities Code;
(12) is subject to judicial admission as set forth in
Section 4-500 of the Mental Health and Developmental
Disabilities Code; or
(13) is subject to the provisions of the Interstate
Agreements on Sexually Dangerous Persons Act.
"Clear and present danger" means a person who:

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(1) communicates a serious threat of physical violence
against a reasonably identifiable victim or poses a clear
and imminent risk of serious physical injury to himself,
herself, or another person as determined by a physician,
clinical psychologist, or qualified examiner; or
(2) demonstrates threatening physical or verbal
behavior, such as violent, suicidal, or assaultive
threats, actions, or other behavior, as determined by a
physician, clinical psychologist, qualified examiner,
school administrator, or law enforcement official.
"Clinical psychologist" has the meaning provided in
Section 1-103 of the Mental Health and Developmental
Disabilities Code.
"Controlled substance" means a controlled substance or
controlled substance analog as defined in the Illinois
Controlled Substances Act.
"Counterfeit" means to copy or imitate, without legal
authority, with intent to deceive.
"Federally licensed firearm dealer" means a person who is
licensed as a federal firearms dealer under Section 923 of the
federal Gun Control Act of 1968 (18 U.S.C. 923).
"Firearm" means any device, by whatever name known, which
is designed to expel a projectile or projectiles by the action
of an explosion, expansion of gas or escape of gas; excluding,
however:
(1) any pneumatic gun, spring gun, paint ball gun, or

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B-B gun which expels a single globular projectile not
exceeding .18 inch in diameter or which has a maximum
muzzle velocity of less than 700 feet per second;
(1.1) any pneumatic gun, spring gun, paint ball gun, or
B-B gun which expels breakable paint balls containing
washable marking colors;
(2) any device used exclusively for signalling or
safety and required or recommended by the United States
Coast Guard or the Interstate Commerce Commission;
(3) any device used exclusively for the firing of stud
cartridges, explosive rivets or similar industrial
ammunition; and
(4) an antique firearm (other than a machine-gun)
which, although designed as a weapon, the Department of
State Police finds by reason of the date of its
manufacture, value, design, and other characteristics is
primarily a collector's item and is not likely to be used
as a weapon.
"Firearm ammunition" means any self-contained cartridge or
shotgun shell, by whatever name known, which is designed to be
used or adaptable to use in a firearm; excluding, however:
(1) any ammunition exclusively designed for use with a
device used exclusively for signalling or safety and
required or recommended by the United States Coast Guard or
the Interstate Commerce Commission; and
(2) any ammunition designed exclusively for use with a

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stud or rivet driver or other similar industrial
ammunition.
"Gun show" means an event or function:
(1) at which the sale and transfer of firearms is the
regular and normal course of business and where 50 or more
firearms are displayed, offered, or exhibited for sale,
transfer, or exchange; or
(2) at which not less than 10 gun show vendors display,
offer, or exhibit for sale, sell, transfer, or exchange
firearms.
"Gun show" includes the entire premises provided for an
event or function, including parking areas for the event or
function, that is sponsored to facilitate the purchase, sale,
transfer, or exchange of firearms as described in this Section.
Nothing in this definition shall be construed to exclude a gun
show held in conjunction with competitive shooting events at
the World Shooting Complex sanctioned by a national governing
body in which the sale or transfer of firearms is authorized
under subparagraph (5) of paragraph (g) of subsection (A) of
Section 24-3 of the Criminal Code of 2012.
Unless otherwise expressly stated, "gun show" does not
include training or safety classes, competitive shooting
events, such as rifle, shotgun, or handgun matches, trap,
skeet, or sporting clays shoots, dinners, banquets, raffles, or
any other event where the sale or transfer of firearms is not
the primary course of business.

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"Gun show promoter" means a person who organizes or
operates a gun show.
"Gun show vendor" means a person who exhibits, sells,
offers for sale, transfers, or exchanges any firearms at a gun
show, regardless of whether the person arranges with a gun show
promoter for a fixed location from which to exhibit, sell,
offer for sale, transfer, or exchange any firearm.
"Involuntarily admitted" has the meaning as prescribed in
Sections 1-119 and 1-119.1 of the Mental Health and
Developmental Disabilities Code.
"Mental health facility" means any licensed private
hospital or hospital affiliate, institution, or facility, or
part thereof, and any facility, or part thereof, operated by
the State or a political subdivision thereof which provide
treatment of persons with mental illness and includes all
hospitals, institutions, clinics, evaluation facilities,
mental health centers, colleges, universities, long-term care
facilities, and nursing homes, or parts thereof, which provide
treatment of persons with mental illness whether or not the
primary purpose is to provide treatment of persons with mental
illness.
"National governing body" means a group of persons who
adopt rules and formulate policy on behalf of a national
firearm sporting organization.
"Patient" means:
(1) a person who voluntarily receives mental health

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treatment as an in-patient or resident of any public or
private mental health facility, unless the treatment was
solely for an alcohol abuse disorder and no other secondary
substance abuse disorder or mental illness; or
(2) a person who voluntarily receives mental health
treatment as an out-patient or is provided services by a
public or private mental health facility, and who poses a
clear and present danger to himself, herself, or to others.
"Person with a developmental disability" means a person
with a disability which is attributable to any other condition
which results in impairment similar to that caused by an
intellectual disability and which requires services similar to
those required by persons with intellectual disabilities. The
disability must originate before the age of 18 years, be
expected to continue indefinitely, and constitute a
substantial disability. This disability results, in the
professional opinion of a physician, clinical psychologist, or
qualified examiner, in significant functional limitations in 3
or more of the following areas of major life activity:
(i) self-care;
(ii) receptive and expressive language;
(iii) learning;
(iv) mobility; or
(v) self-direction.
"Person with an intellectual disability" means a person
with a significantly subaverage general intellectual

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functioning which exists concurrently with impairment in
adaptive behavior and which originates before the age of 18
years.
"Physician" has the meaning as defined in Section 1-120 of
the Mental Health and Developmental Disabilities Code.
"Pre-packaged explosive components" has the same meaning
ascribed to the term in Section 24-4.3 of the Criminal Code of
2012.
"Qualified examiner" has the meaning provided in Section
1-122 of the Mental Health and Developmental Disabilities Code.
"Sanctioned competitive shooting event" means a shooting
contest officially recognized by a national or state shooting
sport association, and includes any sight-in or practice
conducted in conjunction with the event.
"School administrator" means the person required to report
under the School Administrator Reporting of Mental Health Clear
and Present Danger Determinations Law.
"Stun gun or taser" has the meaning ascribed to it in
Section 24-1 of the Criminal Code of 2012.
(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15; 99-143,
eff. 7-27-15; 99-642, eff. 7-28-16.)
(430 ILCS 65/2) (from Ch. 38, par. 83-2)
Sec. 2. Firearm Owner's Identification Card required;
exceptions.
(a) (1) No person may acquire or possess any firearm,

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pre-packaged explosive components, stun gun, or taser within
this State without having in his or her possession a Firearm
Owner's Identification Card previously issued in his or her
name by the Department of State Police under the provisions of
this Act.
(2) No person may acquire or possess firearm ammunition
within this State without having in his or her possession a
Firearm Owner's Identification Card previously issued in his or
her name by the Department of State Police under the provisions
of this Act.
(b) The provisions of this Section regarding the possession
of firearms, firearm ammunition, stun guns, and tasers do not
apply to:
(1) United States Marshals, while engaged in the
operation of their official duties;
(2) Members of the Armed Forces of the United States or
the National Guard, while engaged in the operation of their
official duties;
(3) Federal officials required to carry firearms,
while engaged in the operation of their official duties;
(4) Members of bona fide veterans organizations which
receive firearms directly from the armed forces of the
United States, while using the firearms for ceremonial
purposes with blank ammunition;
(5) Nonresident hunters during hunting season, with
valid nonresident hunting licenses and while in an area

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where hunting is permitted; however, at all other times and
in all other places these persons must have their firearms
unloaded and enclosed in a case;
(6) Those hunters exempt from obtaining a hunting
license who are required to submit their Firearm Owner's
Identification Card when hunting on Department of Natural
Resources owned or managed sites;
(7) Nonresidents while on a firing or shooting range
recognized by the Department of State Police; however,
these persons must at all other times and in all other
places have their firearms unloaded and enclosed in a case;
(8) Nonresidents while at a firearm showing or display
recognized by the Department of State Police; however, at
all other times and in all other places these persons must
have their firearms unloaded and enclosed in a case;
(9) Nonresidents whose firearms are unloaded and
enclosed in a case;
(10) Nonresidents who are currently licensed or
registered to possess a firearm in their resident state;
(11) Unemancipated minors while in the custody and
immediate control of their parent or legal guardian or
other person in loco parentis to the minor if the parent or
legal guardian or other person in loco parentis to the
minor has a currently valid Firearm Owner's Identification
Card;
(12) Color guards of bona fide veterans organizations

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or members of bona fide American Legion bands while using
firearms for ceremonial purposes with blank ammunition;
(13) Nonresident hunters whose state of residence does
not require them to be licensed or registered to possess a
firearm and only during hunting season, with valid hunting
licenses, while accompanied by, and using a firearm owned
by, a person who possesses a valid Firearm Owner's
Identification Card and while in an area within a
commercial club licensed under the Wildlife Code where
hunting is permitted and controlled, but in no instance
upon sites owned or managed by the Department of Natural
Resources;
(14) Resident hunters who are properly authorized to
hunt and, while accompanied by a person who possesses a
valid Firearm Owner's Identification Card, hunt in an area
within a commercial club licensed under the Wildlife Code
where hunting is permitted and controlled;
(15) A person who is otherwise eligible to obtain a
Firearm Owner's Identification Card under this Act and is
under the direct supervision of a holder of a Firearm
Owner's Identification Card who is 21 years of age or older
while the person is on a firing or shooting range or is a
participant in a firearms safety and training course
recognized by a law enforcement agency or a national,
statewide shooting sports organization; and
(16) Competitive shooting athletes whose competition

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firearms are sanctioned by the International Olympic
Committee, the International Paralympic Committee, the
International Shooting Sport Federation, or USA Shooting
in connection with such athletes' training for and
participation in shooting competitions at the 2016 Olympic
and Paralympic Games and sanctioned test events leading up
to the 2016 Olympic and Paralympic Games.
(c) The provisions of this Section regarding the
acquisition and possession of firearms, pre-packaged explosive
components, firearm ammunition, stun guns, and tasers do not
apply to law enforcement officials of this or any other
jurisdiction, while engaged in the performance operation of
their official duties.
(c-5) The provisions of paragraphs (1) and (2) of
subsection (a) of this Section regarding the possession of
firearms and firearm ammunition do not apply to the holder of a
valid concealed carry license issued under the Firearm
Concealed Carry Act who is in physical possession of the
concealed carry license.
(c-10) The provisions of paragraph (1) of subsection (a) of
this Section regarding the acquisition and possession of
pre-packaged explosive components do not apply to:
(1) Members of the Armed Services or Reserves
Forces of the United States or the Illinois National Guard
while in the performance of their official duty.
(2) Persons licensed under State and federal law to

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manufacture, import, or sell pre-packaged explosive
components, and actually engaged in that business, but only
with respect to activities which are within the lawful
scope of the business, including the manufacture,
transportation, or testing of pre-packaged explosive
components.
(3) Contractors or subcontractors engaged in the
manufacture, transport, testing, delivery, transfer or
sale, and lawful experimental activities under a contract
or subcontract for the development and supply of the
product to the United States government or any branch of
the Armed Forces of the United States, when those
activities are necessary and incident to fulfilling the
terms of the contract. The exemption granted under this
paragraph (3) shall also apply to any authorized agent of
any contractor or subcontractor described in this
paragraph (3) who is operating within the scope of his or
her employment, when the activities involving the
pre-packaged explosive components are necessary and
incident to fulfilling the terms of the contract.
(4) Sales clerks or retail merchants selling or
transferring pre-packaged explosive components.
(d) Any person who becomes a resident of this State, who is
not otherwise prohibited from obtaining, possessing, or using a
firearm or firearm ammunition, shall not be required to have a
Firearm Owner's Identification Card to possess firearms or

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firearms ammunition until 60 calendar days after he or she
obtains an Illinois driver's license or Illinois
Identification Card.
(Source: P.A. 99-29, eff. 7-10-15.)
(430 ILCS 65/3) (from Ch. 38, par. 83-3)
Sec. 3. (a) Except as provided in Section 3a, no person may
knowingly transfer, or cause to be transferred, any firearm,
pre-packaged explosive components, firearm ammunition, stun
gun, or taser to any person within this State unless the
transferee with whom he deals displays either: (1) a currently
valid Firearm Owner's Identification Card which has previously
been issued in his or her name by the Department of State
Police under the provisions of this Act; or (2) a currently
valid license to carry a concealed firearm which has previously
been issued in his or her name by the Department of State
Police under the Firearm Concealed Carry Act. In addition, all
firearm, stun gun, and taser transfers by federally licensed
firearm dealers are subject to Section 3.1.
(a-5) Any person who is not a federally licensed firearm
dealer and who desires to transfer or sell a firearm while that
person is on the grounds of a gun show must, before selling or
transferring the firearm, request the Department of State
Police to conduct a background check on the prospective
recipient of the firearm in accordance with Section 3.1.
(a-10) Notwithstanding item (2) of subsection (a) of this

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Section, any person who is not a federally licensed firearm
dealer and who desires to transfer or sell a firearm or
firearms to any person who is not a federally licensed firearm
dealer shall, before selling or transferring the firearms,
contact the Department of State Police with the transferee's or
purchaser's Firearm Owner's Identification Card number to
determine the validity of the transferee's or purchaser's
Firearm Owner's Identification Card. This subsection shall not
be effective until January 1, 2014. The Department of State
Police may adopt rules concerning the implementation of this
subsection. The Department of State Police shall provide the
seller or transferor an approval number if the purchaser's
Firearm Owner's Identification Card is valid. Approvals issued
by the Department for the purchase of a firearm pursuant to
this subsection are valid for 30 days from the date of issue.
(a-15) The provisions of subsection (a-10) of this Section
do not apply to:
(1) transfers that occur at the place of business of a
federally licensed firearm dealer, if the federally
licensed firearm dealer conducts a background check on the
prospective recipient of the firearm in accordance with
Section 3.1 of this Act and follows all other applicable
federal, State, and local laws as if he or she were the
seller or transferor of the firearm, although the dealer is
not required to accept the firearm into his or her
inventory. The purchaser or transferee may be required by

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the federally licensed firearm dealer to pay a fee not to
exceed $10 per firearm, which the dealer may retain as
compensation for performing the functions required under
this paragraph, plus the applicable fees authorized by
Section 3.1;
(2) transfers as a bona fide gift to the transferor's
husband, wife, son, daughter, stepson, stepdaughter,
father, mother, stepfather, stepmother, brother, sister,
nephew, niece, uncle, aunt, grandfather, grandmother,
grandson, granddaughter, father-in-law, mother-in-law,
son-in-law, or daughter-in-law;
(3) transfers by persons acting pursuant to operation
of law or a court order;
(4) transfers on the grounds of a gun show under
subsection (a-5) of this Section;
(5) the delivery of a firearm by its owner to a
gunsmith for service or repair, the return of the firearm
to its owner by the gunsmith, or the delivery of a firearm
by a gunsmith to a federally licensed firearms dealer for
service or repair and the return of the firearm to the
gunsmith;
(6) temporary transfers that occur while in the home of
the unlicensed transferee, if the unlicensed transferee is
not otherwise prohibited from possessing firearms and the
unlicensed transferee reasonably believes that possession
of the firearm is necessary to prevent imminent death or

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great bodily harm to the unlicensed transferee;
(7) transfers to a law enforcement or corrections
agency or a law enforcement or corrections officer acting
within the course and scope of his or her official duties;
(8) transfers of firearms that have been rendered
permanently inoperable to a nonprofit historical society,
museum, or institutional collection; and
(9) transfers to a person who is exempt from the
requirement of possessing a Firearm Owner's Identification
Card under Section 2 of this Act.
(a-20) The Department of State Police shall develop an
Internet-based system for individuals to determine the
validity of a Firearm Owner's Identification Card prior to the
sale or transfer of a firearm. The Department shall have the
Internet-based system completed and available for use by July
1, 2015. The Department shall adopt rules not inconsistent with
this Section to implement this system.
(b) Any person within this State who transfers or causes to
be transferred any firearm, pre-packaged explosive components,
stun gun, or taser shall keep a record of the such transfer for
a period of 10 years from the date of transfer. The Such record
shall contain the date of the transfer; the description, serial
number or other information identifying the firearm,
pre-packaged explosive components, stun gun, or taser if no
serial number is available; and, if the transfer was completed
within this State, the transferee's Firearm Owner's

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Identification Card number and any approval number or
documentation provided by the Department of State Police under
pursuant to subsection (a-10) of this Section. On or after
January 1, 2006, the record shall contain the date of
application for transfer of the firearm. On demand of a peace
officer the such transferor shall produce for inspection the
such record of transfer. If the transfer or sale took place at
a gun show, the record shall include the unique identification
number. Failure to record the unique identification number or
approval number is a petty offense.
(b-5) Any resident may purchase ammunition from a person
within or outside of Illinois if shipment is by United States
mail or by a private express carrier authorized by federal law
to ship ammunition. Any resident purchasing ammunition within
or outside the State of Illinois must provide the seller with a
copy of his or her valid Firearm Owner's Identification Card or
valid concealed carry license and either his or her Illinois
driver's license or Illinois State Identification Card prior to
the shipment of the ammunition. The ammunition may be shipped
only to an address on either of those 2 documents.
(c) The provisions of this Section regarding the transfer
of firearm ammunition shall not apply to those persons
specified in paragraph (b) of Section 2 of this Act.
(Source: P.A. 98-508, eff. 8-19-13; 99-29, eff. 7-10-15.)
Section 10. The Criminal Code of 2012 is amended by adding

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Section 24-4.3 as follows:
(720 ILCS 5/24-4.3 new)
Sec. 24-4.3. Unlawful sale or delivery of pre-packaged
explosive components.
(a) A person commits unlawful sale or delivery of
pre-packaged explosive components when he or she knowingly does
any of the following:
(1) Sells or gives pre-packaged explosive components
to a person who is disqualified under the Firearm Owners
Identification Card Act.
(2) Sells or transfers pre-packaged explosive
components to a person who does not display to the seller
or transferor of the pre-packaged explosive components a
currently valid Firearm Owner's Identification Card that
has previously been issued in the transferee's name by the
Department of State Police under the Firearm Owners
Identification Card Act. This paragraph (2) does not apply
to the transfer of pre-packaged explosive components to a
person who is exempt from the requirement of possessing a
Firearm Owner's Identification Card under Section 2 of the
Firearm Owners Identification Card Act. For the purposes of
this Section, a currently valid Firearm Owner's
Identification Card means a Firearm Owner's Identification
Card that has not expired.
(3) Sells or gives pre-packaged explosive components

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while engaged in the business of selling pre-packaged
explosive components at wholesale or retail without being
licensed as a federal firearms dealer under Section 923 of
the federal Gun Control Act of 1968 (18 U.S.C. 923). In
this paragraph (3), a person "engaged in the business"
means a person who devotes time, attention, and labor to
engaging in the activity as a regular course of trade or
business with the principal objective of livelihood and
profit.
(b) For the purposes of this Section, "pre-packaged
explosive components" means a pre-packaged product containing
2 or more unmixed, commercially manufactured chemical
substances that are not independently classified as explosives
but which, when mixed or combined, results in an explosive
material subject to regulation by the federal Bureau of
Alcohol, Tobacco, Firearms, and Explosives under Title 27 CFR
Part 555.
(c) All sellers or transferors who have complied with the
requirements of this Section shall not be liable for damages in
any civil action arising from the use or misuse by the
transferee of the pre-packaged explosive components
transferred, except for willful or wanton misconduct on the
part of the seller or transferor.
(d) Sentence. Any person who is convicted of unlawful sale
or delivery of pre-packaged explosive components commits a
Class 4 felony.

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Section 99. Effective date. This Act takes effect July 1,
2018.