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| 1 | | or her possession a Firearm Owner's Identification
Card |
| 2 | | previously issued in his or her name by the Department of State |
| 3 | | Police
under the provisions of this Act.
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| 4 | | (b) The provisions of this Section regarding the possession |
| 5 | | of firearms, firearm ammunition, stun guns, and tasers do not |
| 6 | | apply to:
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| 7 | | (1) United States Marshals, while engaged in the |
| 8 | | operation of their
official duties;
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| 9 | | (2) Members of the Armed Forces of the United States or |
| 10 | | the National
Guard, while engaged in the operation of their |
| 11 | | official duties;
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| 12 | | (3) Federal officials required to carry firearms, |
| 13 | | while engaged in the
operation of their official duties;
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| 14 | | (4) Members of bona fide veterans organizations which |
| 15 | | receive firearms
directly from the armed forces of the |
| 16 | | United States, while using the
firearms for ceremonial |
| 17 | | purposes with blank ammunition;
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| 18 | | (5) Nonresident hunters during hunting season, with |
| 19 | | valid nonresident
hunting licenses and while in an area |
| 20 | | where hunting is permitted; however,
at all other times and |
| 21 | | in all other places these persons must have their
firearms |
| 22 | | unloaded and enclosed in a case;
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| 23 | | (6) Those hunters exempt from obtaining a hunting |
| 24 | | license who are
required to submit their Firearm Owner's |
| 25 | | Identification Card when hunting
on Department of Natural |
| 26 | | Resources owned or managed sites;
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| 1 | | (7) Nonresidents while on a firing or shooting range |
| 2 | | recognized by the
Department of State Police; however, |
| 3 | | these persons must at all other times
and in all other |
| 4 | | places have their firearms unloaded and enclosed in a case;
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| 5 | | (8) Nonresidents while at a firearm showing or display |
| 6 | | recognized by
the Department of State Police; however, at |
| 7 | | all other times and in all
other places these persons must |
| 8 | | have their firearms unloaded and enclosed
in a case;
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| 9 | | (9) Nonresidents whose firearms are unloaded and |
| 10 | | enclosed in a case;
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| 11 | | (10) Nonresidents who are currently licensed or |
| 12 | | registered to possess a
firearm in their resident state;
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| 13 | | (11) Unemancipated minors while in the custody and |
| 14 | | immediate control of
their parent or legal guardian or |
| 15 | | other person in loco parentis to the
minor if the parent or |
| 16 | | legal guardian or other person in loco parentis to
the |
| 17 | | minor possesses has a currently valid Firearm Owner's |
| 18 | | Identification
Card;
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| 19 | | (12) Color guards of bona fide veterans organizations |
| 20 | | or members of bona
fide American Legion bands while using |
| 21 | | firearms for ceremonial purposes
with blank ammunition;
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| 22 | | (13) Nonresident hunters whose state of residence does |
| 23 | | not require
them to be licensed or registered to possess a |
| 24 | | firearm and only during
hunting season, with valid hunting |
| 25 | | licenses, while accompanied by, and
using a firearm owned |
| 26 | | by, a person who possesses a valid Firearm Owner's
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| 1 | | Identification Card and while in an area within a |
| 2 | | commercial club licensed
under the Wildlife Code where |
| 3 | | hunting is permitted and controlled, but in
no instance |
| 4 | | upon sites owned or managed by the Department of Natural
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| 5 | | Resources;
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| 6 | | (14) Resident hunters who are properly authorized to |
| 7 | | hunt and,
while accompanied by a person who possesses a |
| 8 | | valid Firearm Owner's
Identification Card, hunt in an area |
| 9 | | within a commercial club licensed
under the Wildlife Code |
| 10 | | where hunting is permitted and controlled;
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| 11 | | (15) A person who is otherwise eligible to obtain a |
| 12 | | Firearm Owner's
Identification Card under this Act and is |
| 13 | | under the direct supervision of a
holder of a Firearm
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| 14 | | Owner's Identification Card who is 21 years of age or older |
| 15 | | while the person is
on a firing or shooting range
or is a
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| 16 | | participant in a firearms safety and training course |
| 17 | | recognized by a law
enforcement agency or a national, |
| 18 | | statewide shooting sports organization; and
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| 19 | | (16) Competitive shooting athletes whose competition |
| 20 | | firearms are sanctioned by the International Olympic |
| 21 | | Committee, the International Paralympic Committee, the |
| 22 | | International Shooting Sport Federation, or USA Shooting |
| 23 | | in connection with such athletes' training for and |
| 24 | | participation in shooting competitions at the 2016 Olympic |
| 25 | | and Paralympic Games and sanctioned test events leading up |
| 26 | | to the 2016 Olympic and Paralympic Games. |
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| 1 | | (c) The provisions of this Section regarding the |
| 2 | | acquisition and possession
of firearms, firearm ammunition, |
| 3 | | stun guns, and tasers do not apply to law enforcement officials
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| 4 | | of this or any other jurisdiction, while engaged in the |
| 5 | | operation of their
official duties.
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| 6 | | (c-5) The provisions of paragraphs (1) and (2) of |
| 7 | | subsection (a) of this Section regarding the possession of |
| 8 | | firearms
and firearm ammunition do not apply to the holder of a |
| 9 | | valid concealed carry
license issued under the Firearm |
| 10 | | Concealed Carry Act who possesses a is in physical
possession |
| 11 | | of the concealed carry license. |
| 12 | | (d) Any person who becomes a resident of this State, who is |
| 13 | | not otherwise prohibited from obtaining, possessing, or using a |
| 14 | | firearm or firearm ammunition, shall not be required to have a |
| 15 | | Firearm Owner's Identification Card to possess firearms or |
| 16 | | firearms ammunition until 60 calendar days after he or she |
| 17 | | obtains an Illinois driver's license or Illinois |
| 18 | | Identification Card. |
| 19 | | (Source: P.A. 99-29, eff. 7-10-15.)
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| 20 | | (430 ILCS 65/3) (from Ch. 38, par. 83-3) |
| 21 | | Sec. 3. (a) Except as provided in Section 3a, no person may |
| 22 | | knowingly
transfer, or cause to be transferred, any firearm, |
| 23 | | firearm ammunition, stun gun, or taser to any person within |
| 24 | | this State unless the
transferee with whom he or she deals |
| 25 | | possesses displays either: (1) a currently valid Firearm |
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| 1 | | Owner's
Identification Card which has previously been issued in |
| 2 | | his or her name by the
Department of State Police under the |
| 3 | | provisions of this Act; or (2) a currently valid license to |
| 4 | | carry a concealed firearm which has previously been issued in |
| 5 | | his or her name by the
Department of State Police under the |
| 6 | | Firearm Concealed Carry Act. In addition,
all firearm, stun |
| 7 | | gun, and taser transfers by federally licensed firearm dealers |
| 8 | | are subject
to Section 3.1. |
| 9 | | (a-5) Any person who is not a federally licensed firearm |
| 10 | | dealer and who desires to transfer or sell a firearm while that |
| 11 | | person is on the grounds of a gun show must, before selling or |
| 12 | | transferring the firearm, request the Department of State |
| 13 | | Police to conduct a background check on the prospective |
| 14 | | recipient of the firearm in accordance with Section 3.1.
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| 15 | | (a-10) Notwithstanding item (2) of subsection (a) of this |
| 16 | | Section, any person who is not a federally licensed firearm |
| 17 | | dealer and who desires to transfer or sell a firearm or |
| 18 | | firearms to any person who is not a federally licensed firearm |
| 19 | | dealer shall, before selling or transferring the firearms, |
| 20 | | contact the Department of State Police with the transferee's or |
| 21 | | purchaser's Firearm Owner's Identification Card number to |
| 22 | | determine the validity of the transferee's or purchaser's |
| 23 | | Firearm Owner's Identification Card. This subsection (a-10) |
| 24 | | shall not be effective until January 1, 2014. The Department of |
| 25 | | State Police may adopt rules concerning the implementation of |
| 26 | | this subsection (a-10). The Department of State Police shall |
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| 1 | | provide the seller or transferor an approval number if the |
| 2 | | purchaser's Firearm Owner's Identification Card is valid. |
| 3 | | Approvals issued by the Department for the purchase of a |
| 4 | | firearm pursuant to this subsection are valid for 30 days from |
| 5 | | the date of issue. |
| 6 | | (a-15) The provisions of subsection (a-10) of this Section |
| 7 | | do not apply to: |
| 8 | | (1) transfers that occur at the place of business of a |
| 9 | | federally licensed firearm dealer, if the federally |
| 10 | | licensed firearm dealer conducts a background check on the |
| 11 | | prospective recipient of the firearm in accordance with |
| 12 | | Section 3.1 of this Act and follows all other applicable |
| 13 | | federal, State, and local laws as if he or she were the |
| 14 | | seller or transferor of the firearm, although the dealer is |
| 15 | | not required to accept the firearm into his or her |
| 16 | | inventory. The purchaser or transferee may be required by |
| 17 | | the federally licensed firearm dealer to pay a fee not to |
| 18 | | exceed $10 per firearm, which the dealer may retain as |
| 19 | | compensation for performing the functions required under |
| 20 | | this paragraph, plus the applicable fees authorized by |
| 21 | | Section 3.1; |
| 22 | | (2) transfers as a bona fide gift to the transferor's |
| 23 | | husband, wife, son, daughter, stepson, stepdaughter, |
| 24 | | father, mother, stepfather, stepmother, brother, sister, |
| 25 | | nephew, niece, uncle, aunt, grandfather, grandmother, |
| 26 | | grandson, granddaughter, father-in-law, mother-in-law, |
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| 1 | | son-in-law, or daughter-in-law; |
| 2 | | (3) transfers by persons acting pursuant to operation |
| 3 | | of law or a court order; |
| 4 | | (4) transfers on the grounds of a gun show under |
| 5 | | subsection (a-5) of this Section; |
| 6 | | (5) the delivery of a firearm by its owner to a |
| 7 | | gunsmith for service or repair, the return of the firearm |
| 8 | | to its owner by the gunsmith, or the delivery of a firearm |
| 9 | | by a gunsmith to a federally licensed firearms dealer for |
| 10 | | service or repair and the return of the firearm to the |
| 11 | | gunsmith; |
| 12 | | (6) temporary transfers that occur while in the home of |
| 13 | | the unlicensed transferee, if the unlicensed transferee is |
| 14 | | not otherwise prohibited from possessing firearms and the |
| 15 | | unlicensed transferee reasonably believes that possession |
| 16 | | of the firearm is necessary to prevent imminent death or |
| 17 | | great bodily harm to the unlicensed transferee; |
| 18 | | (7) transfers to a law enforcement or corrections |
| 19 | | agency or a law enforcement or corrections officer acting |
| 20 | | within the course and scope of his or her official duties; |
| 21 | | (8) transfers of firearms that have been rendered |
| 22 | | permanently inoperable to a nonprofit historical society, |
| 23 | | museum, or institutional collection; and |
| 24 | | (9) transfers to a person who is exempt from the |
| 25 | | requirement of possessing a Firearm Owner's Identification |
| 26 | | Card under Section 2 of this Act. |
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| 1 | | (a-20) The Department of State Police shall develop an |
| 2 | | Internet-based system for individuals to determine the |
| 3 | | validity of a Firearm Owner's Identification Card prior to the |
| 4 | | sale or transfer of a firearm. The Department shall have the |
| 5 | | Internet-based system completed and available for use by July |
| 6 | | 1, 2015. The Department shall adopt rules not inconsistent with |
| 7 | | this Section to implement this system. |
| 8 | | (b) Any person within this State who transfers or causes to |
| 9 | | be
transferred any firearm, stun gun, or taser shall keep a |
| 10 | | record of such transfer for a period
of 10 years from the date |
| 11 | | of transfer. Such record shall contain the date
of the |
| 12 | | transfer; the description, serial number or other information
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| 13 | | identifying the firearm, stun gun, or taser if no serial number |
| 14 | | is available; and, if the
transfer was completed within this |
| 15 | | State, the transferee's Firearm Owner's
Identification Card |
| 16 | | number and any approval number or documentation provided by the |
| 17 | | Department of State Police pursuant to subsection (a-10) of |
| 18 | | this Section. On or after January 1, 2006, the record shall |
| 19 | | contain the date of application for transfer of the firearm. On |
| 20 | | demand of a peace officer such transferor
shall produce for |
| 21 | | inspection such record of transfer. If the transfer or sale |
| 22 | | took place at a gun show, the record shall include the unique |
| 23 | | identification number. Failure to record the unique |
| 24 | | identification number or approval number is a petty offense.
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| 25 | | (b-5) Any resident may purchase ammunition from a person |
| 26 | | within or outside of Illinois if shipment is by United States |
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| 1 | | mail or by a private express carrier authorized by federal law |
| 2 | | to ship ammunition. Any resident purchasing ammunition within |
| 3 | | or outside the State of Illinois must provide the seller with a |
| 4 | | copy of his or her valid Firearm Owner's Identification Card or |
| 5 | | valid concealed carry license and either his or her Illinois |
| 6 | | driver's license or Illinois State Identification Card prior to |
| 7 | | the shipment of the ammunition. The ammunition may be shipped |
| 8 | | only to an address on either of those 2 documents. |
| 9 | | (c) The provisions of this Section regarding the transfer |
| 10 | | of firearm
ammunition shall not apply to those persons |
| 11 | | specified in paragraph (b) of
Section 2 of this Act. |
| 12 | | (Source: P.A. 98-508, eff. 8-19-13; 99-29, eff. 7-10-15.)
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| 13 | | (430 ILCS 65/6.2 new) |
| 14 | | Sec. 6.2. Electronic Firearm Owner's Identification Cards. |
| 15 | | The Department of State Police may develop a system under which |
| 16 | | the holder of a Firearm Owner's Identification Card may display |
| 17 | | an electronic version of his or her Firearm Owner's |
| 18 | | Identification Card on a mobile telephone or other portable |
| 19 | | electronic device. An electronic version of a Firearm Owner's |
| 20 | | Identification Card shall contain security features the |
| 21 | | Department determines to be necessary to ensure that the |
| 22 | | electronic version is accurate and current and shall satisfy |
| 23 | | other requirements the Department determines to be necessary |
| 24 | | regarding form and content. The display or possession of an |
| 25 | | electronic version of a valid Firearm Owner's Identification |
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| 1 | | Card in accordance with the requirements of the Department |
| 2 | | satisfies all requirements for the display or possession of a |
| 3 | | valid Firearm Owner's Identification Card under the laws of |
| 4 | | this State. The possession or display of an electronic Firearm |
| 5 | | Owner's Identification Card on a mobile telephone or other |
| 6 | | portable electronic device does not constitute consent for a |
| 7 | | law enforcement officer, court, or other officer of the court |
| 8 | | to access other contents of the mobile telephone or other |
| 9 | | portable electronic device. The Department may adopt rules to |
| 10 | | implement this Section.
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| 11 | | Section 10. The Firearm Concealed Carry Act is amended by |
| 12 | | adding Section 11 as follows:
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| 13 | | (430 ILCS 66/11 new) |
| 14 | | Sec. 11. Electronic concealed carry licenses. The |
| 15 | | Department of State Police may develop a system under which the |
| 16 | | holder of a concealed carry license may display an electronic |
| 17 | | version of his or her license on a mobile telephone or other |
| 18 | | portable electronic device. An electronic version of a license |
| 19 | | shall contain security features the Department determines to be |
| 20 | | necessary to ensure that the electronic version is accurate and |
| 21 | | current and shall satisfy other requirements the Department |
| 22 | | determines to be necessary regarding form and content. The |
| 23 | | display or possession of an electronic version of a license in |
| 24 | | accordance with the requirements of the Department satisfies |
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| 1 | | all requirements for the display or possession of a valid |
| 2 | | license under the laws of this State. The possession or display |
| 3 | | of an electronic license on a mobile telephone or other |
| 4 | | portable electronic device does not constitute consent for a |
| 5 | | law enforcement officer, court, or other officer of the court |
| 6 | | to access other contents of the mobile telephone or other |
| 7 | | portable electronic device. The Department may adopt rules to |
| 8 | | implement this Section.".
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