100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 SB2561

Introduced 2/6/2018, by Sen. Julie A. Morrison

SYNOPSIS AS INTRODUCED:

`430 ILCS 65/1`	`from Ch. 38, par. 83-1`
`430 ILCS 65/1.1`	`from Ch. 38, par. 83-1.1`
`430 ILCS 65/2`	`from Ch. 38, par. 83-2`
`430 ILCS 65/3`	`from Ch. 38, par. 83-3`
`720 ILCS 5/24-4.3 new`

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.

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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

FISCAL NOTE ACT MAY APPLY

A BILL FOR

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1 AN ACT concerning regulation.

2 Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4 Section 5. The Firearm Owners Identification Card Act is

5 amended by changing Sections 1, 1.1, 2, and 3 as follows:

6 (430 ILCS 65/1) (from Ch. 38, par. 83-1)

7 Sec. 1. It is hereby declared as a matter of legislative

8 determination that in order to promote and protect the health,

9 safety,and welfare of the public, it is necessary and in the

10 public interest to provide a system of identifying persons who

11 are not qualified to acquire or possess firearms, pre-packaged

12 explosive components, firearm ammunition, stun guns, and

13 tasers within the State of Illinois by the establishment of a

14 system of Firearm Owner's Identification Cards, thereby

15 establishing a practical and workable system by which law

16 enforcement authorities will be afforded an opportunity to

17 identify those persons who are prohibited by Section 24-3.1 of

18 the Criminal Code of 2012, from acquiring or possessing

19 firearms and firearm ammunition and who are prohibited by this

20 Act from acquiring stun guns and tasers.

21 (Source: P.A. 97-1150, eff. 1-25-13.)

22 (430 ILCS 65/1.1) (from Ch. 38, par. 83-1.1)

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1 Sec. 1.1. For purposes of this Act:

2 "Addicted to narcotics" means a person who has been:

3 (1) convicted of an offense involving the use or

4 possession of cannabis, a controlled substance, or

5 methamphetamine within the past year; or

6 (2) determined by the Department of State Police to be

7 addicted to narcotics based upon federal law or federal

8 guidelines.

9 "Addicted to narcotics" does not include possession or use

10 of a prescribed controlled substance under the direction and

11 authority of a physician or other person authorized to

12 prescribe the controlled substance when the controlled

13 substance is used in the prescribed manner.

14 "Adjudicated as a person with a mental disability" means

15 the person is the subject of a determination by a court, board,

16 commission or other lawful authority that the person, as a

17 result of marked subnormal intelligence, or mental illness,

18 mental impairment, incompetency, condition, or disease:

19 (1) presents a clear and present danger to himself,

20 herself, or to others;

21 (2) lacks the mental capacity to manage his or her own

22 affairs or is adjudicated a person with a disability as

23 defined in Section 11a-2 of the Probate Act of 1975;

24 (3) is not guilty in a criminal case by reason of

25 insanity, mental disease or defect;

26 (3.5) is guilty but mentally ill, as provided in

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1 Section 5-2-6 of the Unified Code of Corrections;

2 (4) is incompetent to stand trial in a criminal case;

3 (5) is not guilty by reason of lack of mental

4 responsibility under Articles 50a and 72b of the Uniform

5 Code of Military Justice, 10 U.S.C. 850a, 876b;

6 (6) is a sexually violent person under subsection (f)

7 of Section 5 of the Sexually Violent Persons Commitment

8 Act;

9 (7) is a sexually dangerous person under the Sexually

10 Dangerous Persons Act;

11 (8) is unfit to stand trial under the Juvenile Court

12 Act of 1987;

13 (9) is not guilty by reason of insanity under the

14 Juvenile Court Act of 1987;

15 (10) is subject to involuntary admission as an

16 inpatient as defined in Section 1-119 of the Mental Health

17 and Developmental Disabilities Code;

18 (11) is subject to involuntary admission as an

19 outpatient as defined in Section 1-119.1 of the Mental

20 Health and Developmental Disabilities Code;

21 (12) is subject to judicial admission as set forth in

22 Section 4-500 of the Mental Health and Developmental

23 Disabilities Code; or

24 (13) is subject to the provisions of the Interstate

25 Agreements on Sexually Dangerous Persons Act.

26 "Clear and present danger" means a person who:

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1 (1) communicates a serious threat of physical violence

2 against a reasonably identifiable victim or poses a clear

3 and imminent risk of serious physical injury to himself,

4 herself, or another person as determined by a physician,

5 clinical psychologist, or qualified examiner; or

6 (2) demonstrates threatening physical or verbal

7 behavior, such as violent, suicidal, or assaultive

8 threats, actions, or other behavior, as determined by a

9 physician, clinical psychologist, qualified examiner,

10 school administrator, or law enforcement official.

11 "Clinical psychologist" has the meaning provided in

12 Section 1-103 of the Mental Health and Developmental

13 Disabilities Code.

14 "Controlled substance" means a controlled substance or

15 controlled substance analog as defined in the Illinois

16 Controlled Substances Act.

17 "Counterfeit" means to copy or imitate, without legal

18 authority, with intent to deceive.

19 "Federally licensed firearm dealer" means a person who is

20 licensed as a federal firearms dealer under Section 923 of the

21 federal Gun Control Act of 1968 (18 U.S.C. 923).

22 "Firearm" means any device, by whatever name known, which

23 is designed to expel a projectile or projectiles by the action

24 of an explosion, expansion of gas or escape of gas; excluding,

25 however:

26 (1) any pneumatic gun, spring gun, paint ball gun, or

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1 B-B gun which expels a single globular projectile not

2 exceeding .18 inch in diameter or which has a maximum

3 muzzle velocity of less than 700 feet per second;

4 (1.1) any pneumatic gun, spring gun, paint ball gun, or

5 B-B gun which expels breakable paint balls containing

6 washable marking colors;

7 (2) any device used exclusively for signalling or

8 safety and required or recommended by the United States

9 Coast Guard or the Interstate Commerce Commission;

10 (3) any device used exclusively for the firing of stud

11 cartridges, explosive rivets or similar industrial

12 ammunition; and

13 (4) an antique firearm (other than a machine-gun)

14 which, although designed as a weapon, the Department of

15 State Police finds by reason of the date of its

16 manufacture, value, design, and other characteristics is

17 primarily a collector's item and is not likely to be used

18 as a weapon.

19 "Firearm ammunition" means any self-contained cartridge or

20 shotgun shell, by whatever name known, which is designed to be

21 used or adaptable to use in a firearm; excluding, however:

22 (1) any ammunition exclusively designed for use with a

23 device used exclusively for signalling or safety and

24 required or recommended by the United States Coast Guard or

25 the Interstate Commerce Commission; and

26 (2) any ammunition designed exclusively for use with a

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1 stud or rivet driver or other similar industrial

2 ammunition.

3 "Gun show" means an event or function:

4 (1) at which the sale and transfer of firearms is the

5 regular and normal course of business and where 50 or more

6 firearms are displayed, offered, or exhibited for sale,

7 transfer, or exchange; or

8 (2) at which not less than 10 gun show vendors display,

9 offer, or exhibit for sale, sell, transfer, or exchange

10 firearms.

11 "Gun show" includes the entire premises provided for an

12 event or function, including parking areas for the event or

13 function, that is sponsored to facilitate the purchase, sale,

14 transfer, or exchange of firearms as described in this Section.

15 Nothing in this definition shall be construed to exclude a gun

16 show held in conjunction with competitive shooting events at

17 the World Shooting Complex sanctioned by a national governing

18 body in which the sale or transfer of firearms is authorized

19 under subparagraph (5) of paragraph (g) of subsection (A) of

20 Section 24-3 of the Criminal Code of 2012.

21 Unless otherwise expressly stated, "gun show" does not

22 include training or safety classes, competitive shooting

23 events, such as rifle, shotgun, or handgun matches, trap,

24 skeet, or sporting clays shoots, dinners, banquets, raffles, or

25 any other event where the sale or transfer of firearms is not

26 the primary course of business.

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1 "Gun show promoter" means a person who organizes or

2 operates a gun show.

3 "Gun show vendor" means a person who exhibits, sells,

4 offers for sale, transfers, or exchanges any firearms at a gun

5 show, regardless of whether the person arranges with a gun show

6 promoter for a fixed location from which to exhibit, sell,

7 offer for sale, transfer, or exchange any firearm.

8 "Involuntarily admitted" has the meaning as prescribed in

9 Sections 1-119 and 1-119.1 of the Mental Health and

10 Developmental Disabilities Code.

11 "Mental health facility" means any licensed private

12 hospital or hospital affiliate, institution, or facility, or

13 part thereof, and any facility, or part thereof, operated by

14 the State or a political subdivision thereof which provide

15 treatment of persons with mental illness and includes all

16 hospitals, institutions, clinics, evaluation facilities,

17 mental health centers, colleges, universities, long-term care

18 facilities, and nursing homes, or parts thereof, which provide

19 treatment of persons with mental illness whether or not the

20 primary purpose is to provide treatment of persons with mental

21 illness.

22 "National governing body" means a group of persons who

23 adopt rules and formulate policy on behalf of a national

24 firearm sporting organization.

25 "Patient" means:

26 (1) a person who voluntarily receives mental health

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1 treatment as an in-patient or resident of any public or

2 private mental health facility, unless the treatment was

3 solely for an alcohol abuse disorder and no other secondary

4 substance abuse disorder or mental illness; or

5 (2) a person who voluntarily receives mental health

6 treatment as an out-patient or is provided services by a

7 public or private mental health facility, and who poses a

8 clear and present danger to himself, herself, or to others.

9 "Person with a developmental disability" means a person

10 with a disability which is attributable to any other condition

11 which results in impairment similar to that caused by an

12 intellectual disability and which requires services similar to

13 those required by persons with intellectual disabilities. The

14 disability must originate before the age of 18 years, be

15 expected to continue indefinitely, and constitute a

16 substantial disability. This disability results, in the

17 professional opinion of a physician, clinical psychologist, or

18 qualified examiner, in significant functional limitations in 3

19 or more of the following areas of major life activity:

20 (i) self-care;

21 (ii) receptive and expressive language;

22 (iii) learning;

23 (iv) mobility; or

24 (v) self-direction.

25 "Person with an intellectual disability" means a person

26 with a significantly subaverage general intellectual

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1 functioning which exists concurrently with impairment in

2 adaptive behavior and which originates before the age of 18

3 years.

4 "Physician" has the meaning as defined in Section 1-120 of

5 the Mental Health and Developmental Disabilities Code.

6 "Pre-packaged explosive components" has the same meaning

7 ascribed to the term in Section 24-4.3 of the Criminal Code of

8 2012.

9 "Qualified examiner" has the meaning provided in Section

10 1-122 of the Mental Health and Developmental Disabilities Code.

11 "Sanctioned competitive shooting event" means a shooting

12 contest officially recognized by a national or state shooting

13 sport association, and includes any sight-in or practice

14 conducted in conjunction with the event.

15 "School administrator" means the person required to report

16 under the School Administrator Reporting of Mental Health Clear

17 and Present Danger Determinations Law.

18 "Stun gun or taser" has the meaning ascribed to it in

19 Section 24-1 of the Criminal Code of 2012.

20 (Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15; 99-143,

21 eff. 7-27-15; 99-642, eff. 7-28-16.)

22 (430 ILCS 65/2) (from Ch. 38, par. 83-2)

23 Sec. 2. Firearm Owner's Identification Card required;

24 exceptions.

25 (a) (1) No person may acquire or possess any firearm,

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1 pre-packaged explosive components, stun gun, or taser within

2 this State without having in his or her possession a Firearm

3 Owner's Identification Card previously issued in his or her

4 name by the Department of State Police under the provisions of

5 this Act.

6 (2) No person may acquire or possess firearm ammunition

7 within this State without having in his or her possession a

8 Firearm Owner's Identification Card previously issued in his or

9 her name by the Department of State Police under the provisions

10 of this Act.

11 (b) The provisions of this Section regarding the possession

12 of firearms, firearm ammunition, stun guns, and tasers do not

13 apply to:

14 (1) United States Marshals, while engaged in the

15 operation of their official duties;

16 (2) Members of the Armed Forces of the United States or

17 the National Guard, while engaged in the operation of their

18 official duties;

19 (3) Federal officials required to carry firearms,

20 while engaged in the operation of their official duties;

21 (4) Members of bona fide veterans organizations which

22 receive firearms directly from the armed forces of the

23 United States, while using the firearms for ceremonial

24 purposes with blank ammunition;

25 (5) Nonresident hunters during hunting season, with

26 valid nonresident hunting licenses and while in an area

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1 where hunting is permitted; however, at all other times and

2 in all other places these persons must have their firearms

3 unloaded and enclosed in a case;

4 (6) Those hunters exempt from obtaining a hunting

5 license who are required to submit their Firearm Owner's

6 Identification Card when hunting on Department of Natural

7 Resources owned or managed sites;

8 (7) Nonresidents while on a firing or shooting range

9 recognized by the Department of State Police; however,

10 these persons must at all other times and in all other

11 places have their firearms unloaded and enclosed in a case;

12 (8) Nonresidents while at a firearm showing or display

13 recognized by the Department of State Police; however, at

14 all other times and in all other places these persons must

15 have their firearms unloaded and enclosed in a case;

16 (9) Nonresidents whose firearms are unloaded and

17 enclosed in a case;

18 (10) Nonresidents who are currently licensed or

19 registered to possess a firearm in their resident state;

20 (11) Unemancipated minors while in the custody and

21 immediate control of their parent or legal guardian or

22 other person in loco parentis to the minor if the parent or

23 legal guardian or other person in loco parentis to the

24 minor has a currently valid Firearm Owner's Identification

25 Card;

26 (12) Color guards of bona fide veterans organizations

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1 or members of bona fide American Legion bands while using

2 firearms for ceremonial purposes with blank ammunition;

3 (13) Nonresident hunters whose state of residence does

4 not require them to be licensed or registered to possess a

5 firearm and only during hunting season, with valid hunting

6 licenses, while accompanied by, and using a firearm owned

7 by, a person who possesses a valid Firearm Owner's

8 Identification Card and while in an area within a

9 commercial club licensed under the Wildlife Code where

10 hunting is permitted and controlled, but in no instance

11 upon sites owned or managed by the Department of Natural

12 Resources;

13 (14) Resident hunters who are properly authorized to

14 hunt and, while accompanied by a person who possesses a

15 valid Firearm Owner's Identification Card, hunt in an area

16 within a commercial club licensed under the Wildlife Code

17 where hunting is permitted and controlled;

18 (15) A person who is otherwise eligible to obtain a

19 Firearm Owner's Identification Card under this Act and is

20 under the direct supervision of a holder of a Firearm

21 Owner's Identification Card who is 21 years of age or older

22 while the person is on a firing or shooting range or is a

23 participant in a firearms safety and training course

24 recognized by a law enforcement agency or a national,

25 statewide shooting sports organization; and

26 (16) Competitive shooting athletes whose competition

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1 firearms are sanctioned by the International Olympic

2 Committee, the International Paralympic Committee, the

3 International Shooting Sport Federation, or USA Shooting

4 in connection with such athletes' training for and

5 participation in shooting competitions at the 2016 Olympic

6 and Paralympic Games and sanctioned test events leading up

7 to the 2016 Olympic and Paralympic Games.

8 (c) The provisions of this Section regarding the

9 acquisition and possession of firearms,pre-packaged explosive

10 components, firearm ammunition, stun guns, and tasers do not

11 apply to law enforcement officials of this or any other

12 jurisdiction, while engaged in the performance ~~operation~~ of

13 their official duties.

14 (c-5) The provisions of paragraphs (1) and (2) of

15 subsection (a) of this Section regarding the possession of

16 firearms and firearm ammunition do not apply to the holder of a

17 valid concealed carry license issued under the Firearm

18 Concealed Carry Act who is in physical possession of the

19 concealed carry license.

20 (c-10) The provisions of paragraph (1) of subsection (a) of

21 this Section regarding the acquisition and possession of

22 pre-packaged explosive components do not apply to:

23 (1) Members of the Armed Services or Reserves

24 Forces of the United States or the Illinois National Guard

25 while in the performance of their official duty.

26 (2) Persons licensed under State and federal law to

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1 manufacture, import, or sell pre-packaged explosive

2 components, and actually engaged in that business, but only

3 with respect to activities which are within the lawful

4 scope of the business, including the manufacture,

5 transportation, or testing of pre-packaged explosive

6 components.

7 (3) Contractors or subcontractors engaged in the

8 manufacture, transport, testing, delivery, transfer or

9 sale, and lawful experimental activities under a contract

10 or subcontract for the development and supply of the

11 product to the United States government or any branch of

12 the Armed Forces of the United States, when those

13 activities are necessary and incident to fulfilling the

14 terms of the contract. The exemption granted under this

15 paragraph (3) shall also apply to any authorized agent of

16 any contractor or subcontractor described in this

17 paragraph (3) who is operating within the scope of his or

18 her employment, when the activities involving the

19 pre-packaged explosive components are necessary and

20 incident to fulfilling the terms of the contract.

21 (4) Sales clerks or retail merchants selling or

22 transferring pre-packaged explosive components.

23 (d) Any person who becomes a resident of this State, who is

24 not otherwise prohibited from obtaining, possessing, or using a

25 firearm or firearm ammunition, shall not be required to have a

26 Firearm Owner's Identification Card to possess firearms or

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1 firearms ammunition until 60 calendar days after he or she

2 obtains an Illinois driver's license or Illinois

3 Identification Card.

4 (Source: P.A. 99-29, eff. 7-10-15.)

5 (430 ILCS 65/3) (from Ch. 38, par. 83-3)

6 Sec. 3. (a) Except as provided in Section 3a, no person may

7 knowingly transfer, or cause to be transferred, any firearm,

8 pre-packaged explosive components, firearm ammunition, stun

9 gun, or taser to any person within this State unless the

10 transferee with whom he deals displays either: (1) a currently

11 valid Firearm Owner's Identification Card which has previously

12 been issued in his or her name by the Department of State

13 Police under the provisions of this Act; or (2) a currently

14 valid license to carry a concealed firearm which has previously

15 been issued in his or her name by the Department of State

16 Police under the Firearm Concealed Carry Act. In addition, all

17 firearm, stun gun, and taser transfers by federally licensed

18 firearm dealers are subject to Section 3.1.

19 (a-5) Any person who is not a federally licensed firearm

20 dealer and who desires to transfer or sell a firearm while that

21 person is on the grounds of a gun show must, before selling or

22 transferring the firearm, request the Department of State

23 Police to conduct a background check on the prospective

24 recipient of the firearm in accordance with Section 3.1.

25 (a-10) Notwithstanding item (2) of subsection (a) of this

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1 Section, any person who is not a federally licensed firearm

2 dealer and who desires to transfer or sell a firearm or

3 firearms to any person who is not a federally licensed firearm

4 dealer shall, before selling or transferring the firearms,

5 contact the Department of State Police with the transferee's or

6 purchaser's Firearm Owner's Identification Card number to

7 determine the validity of the transferee's or purchaser's

8 Firearm Owner's Identification Card. This subsection shall not

9 be effective until January 1, 2014. The Department of State

10 Police may adopt rules concerning the implementation of this

11 subsection. The Department of State Police shall provide the

12 seller or transferor an approval number if the purchaser's

13 Firearm Owner's Identification Card is valid. Approvals issued

14 by the Department for the purchase of a firearm pursuant to

15 this subsection are valid for 30 days from the date of issue.

16 (a-15) The provisions of subsection (a-10) of this Section

17 do not apply to:

18 (1) transfers that occur at the place of business of a

19 federally licensed firearm dealer, if the federally

20 licensed firearm dealer conducts a background check on the

21 prospective recipient of the firearm in accordance with

22 Section 3.1 of this Act and follows all other applicable

23 federal, State, and local laws as if he or she were the

24 seller or transferor of the firearm, although the dealer is

25 not required to accept the firearm into his or her

26 inventory. The purchaser or transferee may be required by

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1 the federally licensed firearm dealer to pay a fee not to

2 exceed $10 per firearm, which the dealer may retain as

3 compensation for performing the functions required under

4 this paragraph, plus the applicable fees authorized by

5 Section 3.1;

6 (2) transfers as a bona fide gift to the transferor's

7 husband, wife, son, daughter, stepson, stepdaughter,

8 father, mother, stepfather, stepmother, brother, sister,

9 nephew, niece, uncle, aunt, grandfather, grandmother,

10 grandson, granddaughter, father-in-law, mother-in-law,

11 son-in-law, or daughter-in-law;

12 (3) transfers by persons acting pursuant to operation

13 of law or a court order;

14 (4) transfers on the grounds of a gun show under

15 subsection (a-5) of this Section;

16 (5) the delivery of a firearm by its owner to a

17 gunsmith for service or repair, the return of the firearm

18 to its owner by the gunsmith, or the delivery of a firearm

19 by a gunsmith to a federally licensed firearms dealer for

20 service or repair and the return of the firearm to the

21 gunsmith;

22 (6) temporary transfers that occur while in the home of

23 the unlicensed transferee, if the unlicensed transferee is

24 not otherwise prohibited from possessing firearms and the

25 unlicensed transferee reasonably believes that possession

26 of the firearm is necessary to prevent imminent death or

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1 great bodily harm to the unlicensed transferee;

2 (7) transfers to a law enforcement or corrections

3 agency or a law enforcement or corrections officer acting

4 within the course and scope of his or her official duties;

5 (8) transfers of firearms that have been rendered

6 permanently inoperable to a nonprofit historical society,

7 museum, or institutional collection; and

8 (9) transfers to a person who is exempt from the

9 requirement of possessing a Firearm Owner's Identification

10 Card under Section 2 of this Act.

11 (a-20) The Department of State Police shall develop an

12 Internet-based system for individuals to determine the

13 validity of a Firearm Owner's Identification Card prior to the

14 sale or transfer of a firearm. The Department shall have the

15 Internet-based system completed and available for use by July

16 1, 2015. The Department shall adopt rules not inconsistent with

17 this Section to implement this system.

18 (b) Any person within this State who transfers or causes to

19 be transferred any firearm,pre-packaged explosive components,

20 stun gun, or taser shall keep a record of the ~~such~~ transfer for

21 a period of 10 years from the date of transfer.The ~~Such~~ record

22 shall contain the date of the transfer; the description, serial

23 number or other information identifying the firearm,

24 pre-packaged explosive components, stun gun, or taser if no

25 serial number is available; and, if the transfer was completed

26 within this State, the transferee's Firearm Owner's

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1 Identification Card number and any approval number or

2 documentation provided by the Department of State Police under

3 ~~pursuant to~~ subsection (a-10) of this Section. On or after

4 January 1, 2006, the record shall contain the date of

5 application for transfer of the firearm. On demand of a peace

6 officer the ~~such~~transferor shall produce for inspectionthe

7 ~~such~~ record of transfer. If the transfer or sale took place at

8 a gun show, the record shall include the unique identification

9 number. Failure to record the unique identification number or

10 approval number is a petty offense.

11 (b-5) Any resident may purchase ammunition from a person

12 within or outside of Illinois if shipment is by United States

13 mail or by a private express carrier authorized by federal law

14 to ship ammunition. Any resident purchasing ammunition within

15 or outside the State of Illinois must provide the seller with a

16 copy of his or her valid Firearm Owner's Identification Card or

17 valid concealed carry license and either his or her Illinois

18 driver's license or Illinois State Identification Card prior to

19 the shipment of the ammunition. The ammunition may be shipped

20 only to an address on either of those 2 documents.

21 (c) The provisions of this Section regarding the transfer

22 of firearm ammunition shall not apply to those persons

23 specified in paragraph (b) of Section 2 of this Act.

24 (Source: P.A. 98-508, eff. 8-19-13; 99-29, eff. 7-10-15.)

25 Section 10. The Criminal Code of 2012 is amended by adding

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1 Section 24-4.3 as follows:

2 (720 ILCS 5/24-4.3 new)

3 Sec. 24-4.3. Unlawful sale or delivery of pre-packaged

4 explosive components.

5 (a) A person commits unlawful sale or delivery of

6 pre-packaged explosive components when he or she knowingly does

7 any of the following:

8 (1) Sells or gives pre-packaged explosive components

9 to a person who is disqualified under the Firearm Owners

10 Identification Card Act.

11 (2) Sells or transfers pre-packaged explosive

12 components to a person who does not display to the seller

13 or transferor of the pre-packaged explosive components a

14 currently valid Firearm Owner's Identification Card that

15 has previously been issued in the transferee's name by the

16 Department of State Police under the Firearm Owners

17 Identification Card Act. This paragraph (2) does not apply

18 to the transfer of pre-packaged explosive components to a

19 person who is exempt from the requirement of possessing a

20 Firearm Owner's Identification Card under Section 2 of the

21 Firearm Owners Identification Card Act. For the purposes of

22 this Section, a currently valid Firearm Owner's

23 Identification Card means a Firearm Owner's Identification

24 Card that has not expired.

25 (3) Sells or gives pre-packaged explosive components

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1 while engaged in the business of selling pre-packaged

2 explosive components at wholesale or retail without being

3 licensed as a federal firearms dealer under Section 923 of

4 the federal Gun Control Act of 1968 (18 U.S.C. 923). In

5 this paragraph (3), a person "engaged in the business"

6 means a person who devotes time, attention, and labor to

7 engaging in the activity as a regular course of trade or

8 business with the principal objective of livelihood and

9 profit.

10 (b) For the purposes of this Section, "pre-packaged

11 explosive components" means a pre-packaged product containing

12 2 or more unmixed, commercially manufactured chemical

13 substances that are not independently classified as explosives

14 but which when mixed or combined, results in an explosive

15 material subject to regulation by the federal Bureau of

16 Alcohol, Tobacco, Firearms, and Explosives under Title 27 CFR

17 Part 555.

18 (c) All sellers or transferors who have complied with the

19 requirements of this Section shall not be liable for damages in

20 any civil action arising from the use or misuse by the

21 transferee of the pre-packaged explosive components

22 transferred, except for willful or wanton misconduct on the

23 part of the seller or transferor.

24 (d) Sentence. Any person who is convicted of unlawful sale

25 or delivery of pre-packaged explosive components commits a

26 Class 4 felony.

SB2561

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LRB100 20206 RLC 35491 b

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

2 2018.