|
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB2945 Introduced , by Rep. Allen Skillicorn SYNOPSIS AS INTRODUCED:
|
| 430 ILCS 65/2 | from Ch. 38, par. 83-2 | 430 ILCS 65/3 | from Ch. 38, par. 83-3 | 430 ILCS 65/3.1 | from Ch. 38, par. 83-3.1 |
|
Amends the Firearm Owners Identification Card Act. Removes provisions that a person may not acquire or possess a stun gun or taser within the 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 the Act.
| |
| | |
| | A BILL FOR |
|
|
| | HB2945 | | LRB100 10170 RLC 20351 b |
|
|
| 1 | | AN ACT concerning safety.
|
| 2 | | Be it enacted by the People of the State of Illinois,
|
| 3 | | represented in the General Assembly:
|
| 4 | | Section 5. The Firearm Owners Identification Card Act is |
| 5 | | amended by changing Sections 2, 3, and 3.1 as follows:
|
| 6 | | (430 ILCS 65/2) (from Ch. 38, par. 83-2)
|
| 7 | | Sec. 2. Firearm Owner's Identification Card required; |
| 8 | | exceptions.
|
| 9 | | (a) (1) No person may acquire or possess any firearm, stun |
| 10 | | gun, or taser within this State
without having in his or her |
| 11 | | possession a Firearm Owner's Identification Card
previously |
| 12 | | issued in his or her name by the Department of State Police |
| 13 | | under
the provisions of this Act.
|
| 14 | | (2) No person may acquire or possess firearm ammunition |
| 15 | | within this
State without having in his or her possession a |
| 16 | | Firearm Owner's Identification
Card previously issued in his or |
| 17 | | her name by the Department of State Police
under the provisions |
| 18 | | of this Act.
|
| 19 | | (b) The provisions of this Section regarding the possession |
| 20 | | of firearms or , firearm ammunition, stun guns, and tasers do |
| 21 | | not apply to:
|
| 22 | | (1) United States Marshals, while engaged in the |
| 23 | | operation of their
official duties;
|
|
| | HB2945 | - 2 - | LRB100 10170 RLC 20351 b |
|
|
|
| 1 | | (2) Members of the Armed Forces of the United States or |
| 2 | | the National
Guard, while engaged in the operation of their |
| 3 | | official duties;
|
| 4 | | (3) Federal officials required to carry firearms, |
| 5 | | while engaged in the
operation of their official duties;
|
| 6 | | (4) Members of bona fide veterans organizations which |
| 7 | | receive firearms
directly from the armed forces of the |
| 8 | | United States, while using the
firearms for ceremonial |
| 9 | | purposes with blank ammunition;
|
| 10 | | (5) Nonresident hunters during hunting season, with |
| 11 | | valid nonresident
hunting licenses and while in an area |
| 12 | | where hunting is permitted; however,
at all other times and |
| 13 | | in all other places these persons must have their
firearms |
| 14 | | unloaded and enclosed in a case;
|
| 15 | | (6) Those hunters exempt from obtaining a hunting |
| 16 | | license who are
required to submit their Firearm Owner's |
| 17 | | Identification Card when hunting
on Department of Natural |
| 18 | | Resources owned or managed sites;
|
| 19 | | (7) Nonresidents while on a firing or shooting range |
| 20 | | recognized by the
Department of State Police; however, |
| 21 | | these persons must at all other times
and in all other |
| 22 | | places have their firearms unloaded and enclosed in a case;
|
| 23 | | (8) Nonresidents while at a firearm showing or display |
| 24 | | recognized by
the Department of State Police; however, at |
| 25 | | all other times and in all
other places these persons must |
| 26 | | have their firearms unloaded and enclosed
in a case;
|
|
| | HB2945 | - 3 - | LRB100 10170 RLC 20351 b |
|
|
|
| 1 | | (9) Nonresidents whose firearms are unloaded and |
| 2 | | enclosed in a case;
|
| 3 | | (10) Nonresidents who are currently licensed or |
| 4 | | registered to possess a
firearm in their resident state;
|
| 5 | | (11) Unemancipated minors while in the custody and |
| 6 | | immediate control of
their parent or legal guardian or |
| 7 | | other person in loco parentis to the
minor if the parent or |
| 8 | | legal guardian or other person in loco parentis to
the |
| 9 | | minor has a currently valid Firearm Owner's Identification
|
| 10 | | Card;
|
| 11 | | (12) Color guards of bona fide veterans organizations |
| 12 | | or members of bona
fide American Legion bands while using |
| 13 | | firearms for ceremonial purposes
with blank ammunition;
|
| 14 | | (13) Nonresident hunters whose state of residence does |
| 15 | | not require
them to be licensed or registered to possess a |
| 16 | | firearm and only during
hunting season, with valid hunting |
| 17 | | licenses, while accompanied by, and
using a firearm owned |
| 18 | | by, a person who possesses a valid Firearm Owner's
|
| 19 | | Identification Card and while in an area within a |
| 20 | | commercial club licensed
under the Wildlife Code where |
| 21 | | hunting is permitted and controlled, but in
no instance |
| 22 | | upon sites owned or managed by the Department of Natural
|
| 23 | | Resources;
|
| 24 | | (14) Resident hunters who are properly authorized to |
| 25 | | hunt and,
while accompanied by a person who possesses a |
| 26 | | valid Firearm Owner's
Identification Card, hunt in an area |
|
| | HB2945 | - 4 - | LRB100 10170 RLC 20351 b |
|
|
|
| 1 | | within a commercial club licensed
under the Wildlife Code |
| 2 | | where hunting is permitted and controlled;
|
| 3 | | (15) A person who is otherwise eligible to obtain a |
| 4 | | Firearm Owner's
Identification Card under this Act and is |
| 5 | | under the direct supervision of a
holder of a Firearm
|
| 6 | | Owner's Identification Card who is 21 years of age or older |
| 7 | | while the person is
on a firing or shooting range
or is a
|
| 8 | | participant in a firearms safety and training course |
| 9 | | recognized by a law
enforcement agency or a national, |
| 10 | | statewide shooting sports organization; and
|
| 11 | | (16) Competitive shooting athletes whose competition |
| 12 | | firearms are sanctioned by the International Olympic |
| 13 | | Committee, the International Paralympic Committee, the |
| 14 | | International Shooting Sport Federation, or USA Shooting |
| 15 | | in connection with such athletes' training for and |
| 16 | | participation in shooting competitions at the 2016 Olympic |
| 17 | | and Paralympic Games and sanctioned test events leading up |
| 18 | | to the 2016 Olympic and Paralympic Games. |
| 19 | | (c) The provisions of this Section regarding the |
| 20 | | acquisition and possession
of firearms or , firearm ammunition, |
| 21 | | stun guns, and tasers do not apply to law enforcement officials
|
| 22 | | of this or any other jurisdiction, while engaged in the |
| 23 | | operation of their
official duties.
|
| 24 | | (c-5) The provisions of paragraphs (1) and (2) of |
| 25 | | subsection (a) of this Section regarding the possession of |
| 26 | | firearms
and firearm ammunition do not apply to the holder of a |
|
| | HB2945 | - 5 - | LRB100 10170 RLC 20351 b |
|
|
|
| 1 | | valid concealed carry
license issued under the Firearm |
| 2 | | Concealed Carry Act who is in physical
possession of the |
| 3 | | concealed carry license. |
| 4 | | (d) Any person who becomes a resident of this State, who is |
| 5 | | not otherwise prohibited from obtaining, possessing, or using a |
| 6 | | firearm or firearm ammunition, shall not be required to have a |
| 7 | | Firearm Owner's Identification Card to possess firearms or |
| 8 | | firearms ammunition until 60 calendar days after he or she |
| 9 | | obtains an Illinois driver's license or Illinois |
| 10 | | Identification Card. |
| 11 | | (Source: P.A. 99-29, eff. 7-10-15.)
|
| 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 or |
| 15 | | , firearm ammunition, stun gun, or taser to any person within |
| 16 | | this State unless the
transferee with whom he deals displays |
| 17 | | either: (1) a currently valid Firearm Owner's
Identification |
| 18 | | Card which has previously been issued in his or her name by the
|
| 19 | | Department of State Police under the provisions of this Act; or |
| 20 | | (2) a currently valid license to carry a concealed firearm |
| 21 | | which has previously been issued in his or her name by the
|
| 22 | | Department of State Police under the Firearm Concealed Carry |
| 23 | | Act. In addition,
all firearm, stun gun, and taser transfers by |
| 24 | | federally licensed firearm dealers are subject
to Section 3.1. |
| 25 | | (a-5) Any person who is not a federally licensed firearm |
|
| | HB2945 | - 6 - | LRB100 10170 RLC 20351 b |
|
|
|
| 1 | | dealer and who desires to transfer or sell a firearm while that |
| 2 | | person is on the grounds of a gun show must, before selling or |
| 3 | | transferring the firearm, request the Department of State |
| 4 | | Police to conduct a background check on the prospective |
| 5 | | recipient of the firearm in accordance with Section 3.1.
|
| 6 | | (a-10) Notwithstanding item (2) of subsection (a) of this |
| 7 | | Section, any person who is not a federally licensed firearm |
| 8 | | dealer and who desires to transfer or sell a firearm or |
| 9 | | firearms to any person who is not a federally licensed firearm |
| 10 | | dealer shall, before selling or transferring the firearms, |
| 11 | | contact the Department of State Police with the transferee's or |
| 12 | | purchaser's Firearm Owner's Identification Card number to |
| 13 | | determine the validity of the transferee's or purchaser's |
| 14 | | Firearm Owner's Identification Card. This subsection shall not |
| 15 | | be effective until January 1, 2014. The Department of State |
| 16 | | Police may adopt rules concerning the implementation of this |
| 17 | | subsection. The Department of State Police shall provide the |
| 18 | | seller or transferor an approval number if the purchaser's |
| 19 | | Firearm Owner's Identification Card is valid. Approvals issued |
| 20 | | by the Department for the purchase of a firearm pursuant to |
| 21 | | this subsection are valid for 30 days from the date of issue. |
| 22 | | (a-15) The provisions of subsection (a-10) of this Section |
| 23 | | do not apply to: |
| 24 | | (1) transfers that occur at the place of business of a |
| 25 | | federally licensed firearm dealer, if the federally |
| 26 | | licensed firearm dealer conducts a background check on the |
|
| | HB2945 | - 7 - | LRB100 10170 RLC 20351 b |
|
|
|
| 1 | | prospective recipient of the firearm in accordance with |
| 2 | | Section 3.1 of this Act and follows all other applicable |
| 3 | | federal, State, and local laws as if he or she were the |
| 4 | | seller or transferor of the firearm, although the dealer is |
| 5 | | not required to accept the firearm into his or her |
| 6 | | inventory. The purchaser or transferee may be required by |
| 7 | | the federally licensed firearm dealer to pay a fee not to |
| 8 | | exceed $10 per firearm, which the dealer may retain as |
| 9 | | compensation for performing the functions required under |
| 10 | | this paragraph, plus the applicable fees authorized by |
| 11 | | Section 3.1; |
| 12 | | (2) transfers as a bona fide gift to the transferor's |
| 13 | | husband, wife, son, daughter, stepson, stepdaughter, |
| 14 | | father, mother, stepfather, stepmother, brother, sister, |
| 15 | | nephew, niece, uncle, aunt, grandfather, grandmother, |
| 16 | | grandson, granddaughter, father-in-law, mother-in-law, |
| 17 | | son-in-law, or daughter-in-law; |
| 18 | | (3) transfers by persons acting pursuant to operation |
| 19 | | of law or a court order; |
| 20 | | (4) transfers on the grounds of a gun show under |
| 21 | | subsection (a-5) of this Section; |
| 22 | | (5) the delivery of a firearm by its owner to a |
| 23 | | gunsmith for service or repair, the return of the firearm |
| 24 | | to its owner by the gunsmith, or the delivery of a firearm |
| 25 | | by a gunsmith to a federally licensed firearms dealer for |
| 26 | | service or repair and the return of the firearm to the |
|
| | HB2945 | - 8 - | LRB100 10170 RLC 20351 b |
|
|
|
| 1 | | gunsmith; |
| 2 | | (6) temporary transfers that occur while in the home of |
| 3 | | the unlicensed transferee, if the unlicensed transferee is |
| 4 | | not otherwise prohibited from possessing firearms and the |
| 5 | | unlicensed transferee reasonably believes that possession |
| 6 | | of the firearm is necessary to prevent imminent death or |
| 7 | | great bodily harm to the unlicensed transferee; |
| 8 | | (7) transfers to a law enforcement or corrections |
| 9 | | agency or a law enforcement or corrections officer acting |
| 10 | | within the course and scope of his or her official duties; |
| 11 | | (8) transfers of firearms that have been rendered |
| 12 | | permanently inoperable to a nonprofit historical society, |
| 13 | | museum, or institutional collection; and |
| 14 | | (9) transfers to a person who is exempt from the |
| 15 | | requirement of possessing a Firearm Owner's Identification |
| 16 | | Card under Section 2 of this Act. |
| 17 | | (a-20) The Department of State Police shall develop an |
| 18 | | Internet-based system for individuals to determine the |
| 19 | | validity of a Firearm Owner's Identification Card prior to the |
| 20 | | sale or transfer of a firearm. The Department shall have the |
| 21 | | Internet-based system completed and available for use by July |
| 22 | | 1, 2015. The Department shall adopt rules not inconsistent with |
| 23 | | this Section to implement this system. |
| 24 | | (b) Any person within this State who transfers or causes to |
| 25 | | be
transferred any firearm, stun gun, or taser shall keep a |
| 26 | | record of such transfer for a period
of 10 years from the date |
|
| | HB2945 | - 9 - | LRB100 10170 RLC 20351 b |
|
|
|
| 1 | | of transfer. Such record shall contain the date
of the |
| 2 | | transfer; the description, serial number or other information
|
| 3 | | identifying the firearm, stun gun, or taser if no serial number |
| 4 | | is available; and, if the
transfer was completed within this |
| 5 | | State, the transferee's Firearm Owner's
Identification Card |
| 6 | | number and any approval number or documentation provided by the |
| 7 | | Department of State Police pursuant to subsection (a-10) of |
| 8 | | this Section. On or after January 1, 2006, the record shall |
| 9 | | contain the date of application for transfer of the firearm. On |
| 10 | | demand of a peace officer such transferor
shall produce for |
| 11 | | inspection such record of transfer. If the transfer or sale |
| 12 | | took place at a gun show, the record shall include the unique |
| 13 | | identification number. Failure to record the unique |
| 14 | | identification number or approval number is a petty offense.
|
| 15 | | (b-5) Any resident may purchase ammunition from a person |
| 16 | | within or outside of Illinois if shipment is by United States |
| 17 | | mail or by a private express carrier authorized by federal law |
| 18 | | to ship ammunition. Any resident purchasing ammunition within |
| 19 | | or outside the State of Illinois must provide the seller with a |
| 20 | | copy of his or her valid Firearm Owner's Identification Card or |
| 21 | | valid concealed carry license and either his or her Illinois |
| 22 | | driver's license or Illinois State Identification Card prior to |
| 23 | | the shipment of the ammunition. The ammunition may be shipped |
| 24 | | only to an address on either of those 2 documents. |
| 25 | | (c) The provisions of this Section regarding the transfer |
| 26 | | of firearm
ammunition shall not apply to those persons |
|
| | HB2945 | - 10 - | LRB100 10170 RLC 20351 b |
|
|
|
| 1 | | specified in paragraph (b) of
Section 2 of this Act. |
| 2 | | (Source: P.A. 98-508, eff. 8-19-13; 99-29, eff. 7-10-15.)
|
| 3 | | (430 ILCS 65/3.1) (from Ch. 38, par. 83-3.1)
|
| 4 | | Sec. 3.1. Dial up system. |
| 5 | | (a) The Department of State Police shall provide
a dial up |
| 6 | | telephone system or utilize other existing technology which |
| 7 | | shall be used by any federally licensed
firearm dealer, gun |
| 8 | | show promoter, or gun show vendor who is to transfer a firearm, |
| 9 | | stun gun, or taser under the provisions of this
Act. The |
| 10 | | Department of State Police may utilize existing technology |
| 11 | | which
allows the caller to be charged a fee not to exceed $2. |
| 12 | | Fees collected by the Department of
State Police shall be |
| 13 | | deposited in the State Police Services Fund and used
to provide |
| 14 | | the service.
|
| 15 | | (b) Upon receiving a request from a federally licensed |
| 16 | | firearm dealer, gun show promoter, or gun show vendor, the
|
| 17 | | Department of State Police shall immediately approve, or within |
| 18 | | the time
period established by Section 24-3 of the Criminal |
| 19 | | Code of 2012 regarding
the delivery of firearms, stun guns, and |
| 20 | | tasers notify the inquiring dealer, gun show promoter, or gun |
| 21 | | show vendor of any objection that
would disqualify the |
| 22 | | transferee from acquiring or possessing a firearm, stun gun, or |
| 23 | | taser. In
conducting the inquiry, the Department of State |
| 24 | | Police shall initiate and
complete an automated search of its |
| 25 | | criminal history record information
files and those of the |
|
| | HB2945 | - 11 - | LRB100 10170 RLC 20351 b |
|
|
|
| 1 | | Federal Bureau of Investigation, including the
National |
| 2 | | Instant Criminal Background Check System, and of the files of
|
| 3 | | the Department of Human Services relating to mental health and
|
| 4 | | developmental disabilities to obtain
any felony conviction or |
| 5 | | patient hospitalization information which would
disqualify a |
| 6 | | person from obtaining or require revocation of a currently
|
| 7 | | valid Firearm Owner's Identification Card. |
| 8 | | (c) If receipt of a firearm would not violate Section 24-3 |
| 9 | | of the Criminal Code of 2012, federal law, or this Act the |
| 10 | | Department of State Police shall: |
| 11 | | (1) assign a unique identification number to the |
| 12 | | transfer; and |
| 13 | | (2) provide the licensee, gun show promoter, or gun |
| 14 | | show vendor with the number. |
| 15 | | (d) Approvals issued by the Department of State Police for |
| 16 | | the purchase of a firearm are valid for 30 days from the date |
| 17 | | of issue.
|
| 18 | | (e) (1) The Department of State Police must act as the |
| 19 | | Illinois Point of Contact
for the National Instant Criminal |
| 20 | | Background Check System. |
| 21 | | (2) The Department of State Police and the Department of |
| 22 | | Human Services shall, in accordance with State and federal law |
| 23 | | regarding confidentiality, enter into a memorandum of |
| 24 | | understanding with the Federal Bureau of Investigation for the |
| 25 | | purpose of implementing the National Instant Criminal |
| 26 | | Background Check System in the State. The Department of State |
|
| | HB2945 | - 12 - | LRB100 10170 RLC 20351 b |
|
|
|
| 1 | | Police shall report the name, date of birth, and physical |
| 2 | | description of any person prohibited from possessing a firearm |
| 3 | | pursuant to the Firearm Owners Identification Card Act or 18 |
| 4 | | U.S.C. 922(g) and (n) to the National Instant Criminal |
| 5 | | Background Check System Index, Denied Persons Files.
|
| 6 | | (3) The Department of State Police shall provide notice of |
| 7 | | the disqualification of a person under subsection (b) of this |
| 8 | | Section or the revocation of a person's Firearm Owner's |
| 9 | | Identification Card under Section 8 or Section 8.2 of this Act, |
| 10 | | and the reason for the disqualification or revocation, to all |
| 11 | | law enforcement agencies with jurisdiction to assist with the |
| 12 | | seizure of the person's Firearm Owner's Identification Card. |
| 13 | | (f) The Department of State Police shall adopt rules not |
| 14 | | inconsistent with this Section to implement this
system.
|
| 15 | | (Source: P.A. 98-63, eff. 7-9-13; 99-787, eff. 1-1-17.)
|