102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB3126

Introduced 1/11/2022, by Sen. Neil Anderson

SYNOPSIS AS INTRODUCED:
430 ILCS 65/2 from Ch. 38, par. 83-2
430 ILCS 65/3 from Ch. 38, par. 83-3

Amends the Firearm Owners Identification Card Act. Eliminates provision that no person may acquire or possess firearm ammunition 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 Illinois State Police under the provisions of the Act. Eliminates provision that no person may knowingly transfer, or cause to be transferred, any firearm ammunition to any person within the State unless the transferee with whom the person deals displays either: (1) a currently valid Firearm Owner's Identification Card which has previously been issued in his or her name by the Illinois State Police under the provisions of the Act; or (2) a currently valid license to carry a concealed firearm which has previously been issued in his or her name by the Illinois State Police under the Firearm Concealed Carry Act. Effective immediately.
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A BILL FOR

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1 AN ACT concerning safety.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Firearm Owners Identification Card Act is
5amended by changing Sections 2 and 3 as follows:
6 (430 ILCS 65/2) (from Ch. 38, par. 83-2)
7 Sec. 2. Firearm Owner's Identification Card required;
8exceptions.
9 (a) (1) No person may acquire or possess any firearm, stun
10gun, or taser within this State without having in his or her
11possession a Firearm Owner's Identification Card previously
12issued in his or her name by the Illinois State Police under
13the provisions of this Act.
14 (2) (Blank). No person may acquire or possess firearm
15ammunition within this State without having in his or her
16possession a Firearm Owner's Identification Card previously
17issued in his or her name by the Illinois State Police under
18the provisions of this Act.
19 (b) The provisions of this Section regarding the
20possession of firearms, firearm ammunition, stun guns, and
21tasers do not apply to:
22 (1) United States Marshals, while engaged in the
23 operation of their official duties;

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1 (2) Members of the Armed Forces of the United States
2 or the National Guard, while engaged in the operation of
3 their 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
13 and in all other places these persons must have their
14 firearms 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 Illinois State Police; however, these
21 persons must at all other times and in all other places
22 have their firearms unloaded and enclosed in a case;
23 (8) Nonresidents while at a firearm showing or display
24 recognized by the Illinois State Police; however, at all
25 other times and in all other places these persons must
26 have their firearms unloaded and enclosed in a case;

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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

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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
7 older while the person is on a firing or shooting range or
8 is a 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
20acquisition and possession of firearms, firearm ammunition,
21stun guns, and tasers do not apply to law enforcement
22officials of this or any other jurisdiction, while engaged in
23the operation of their official duties.
24 (c-5) The provisions of paragraphs (1) and (2) of
25subsection (a) of this Section regarding the possession of
26firearms and firearm ammunition do not apply to the holder of a

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1valid concealed carry license issued under the Firearm
2Concealed Carry Act who is in physical possession of the
3concealed carry license.
4 (d) Any person who becomes a resident of this State, who is
5not otherwise prohibited from obtaining, possessing, or using
6a firearm or firearm ammunition, shall not be required to have
7a Firearm Owner's Identification Card to possess firearms or
8firearms ammunition until 60 calendar days after he or she
9obtains an Illinois driver's license or Illinois
10Identification Card.
11(Source: P.A. 102-538, eff. 8-20-21.)
12 (430 ILCS 65/3) (from Ch. 38, par. 83-3)
13 (Text of Section before amendment by P.A. 102-237)
14 Sec. 3. (a) Except as provided in Section 3a, no person may
15knowingly transfer, or cause to be transferred, any firearm,
16firearm ammunition, stun gun, or taser to any person within
17this State unless the transferee with whom he deals displays
18either: (1) a currently valid Firearm Owner's Identification
19Card which has previously been issued in his or her name by the
20Illinois State Police under the provisions of this Act; or (2)
21a currently valid license to carry a concealed firearm which
22has previously been issued in his or her name by the Illinois
23State Police under the Firearm Concealed Carry Act. In
24addition, all firearm, stun gun, and taser transfers by
25federally licensed firearm dealers are subject to Section 3.1.

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1 (a-5) Any person who is not a federally licensed firearm
2dealer and who desires to transfer or sell a firearm while that
3person is on the grounds of a gun show must, before selling or
4transferring the firearm, request the Illinois State Police to
5conduct a background check on the prospective recipient of the
6firearm in accordance with Section 3.1.
7 (a-10) Notwithstanding item (2) of subsection (a) of this
8Section, any person who is not a federally licensed firearm
9dealer and who desires to transfer or sell a firearm or
10firearms to any person who is not a federally licensed firearm
11dealer shall, before selling or transferring the firearms,
12contact the Illinois State Police with the transferee's or
13purchaser's Firearm Owner's Identification Card number to
14determine the validity of the transferee's or purchaser's
15Firearm Owner's Identification Card. This subsection shall not
16be effective until January 1, 2014. The Illinois State Police
17may adopt rules concerning the implementation of this
18subsection. The Illinois State Police shall provide the seller
19or transferor an approval number if the purchaser's Firearm
20Owner's Identification Card is valid. Approvals issued by the
21Illinois State Police Department for the purchase of a firearm
22pursuant to this subsection are valid for 30 days from the date
23of issue.
24 (a-15) The provisions of subsection (a-10) of this Section
25do not apply to:
26 (1) transfers that occur at the place of business of a

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1 federally licensed firearm dealer, if the federally
2 licensed firearm dealer conducts a background check on the
3 prospective recipient of the firearm in accordance with
4 Section 3.1 of this Act and follows all other applicable
5 federal, State, and local laws as if he or she were the
6 seller or transferor of the firearm, although the dealer
7 is not required to accept the firearm into his or her
8 inventory. The purchaser or transferee may be required by
9 the federally licensed firearm dealer to pay a fee not to
10 exceed $10 per firearm, which the dealer may retain as
11 compensation for performing the functions required under
12 this paragraph, plus the applicable fees authorized by
13 Section 3.1;
14 (2) transfers as a bona fide gift to the transferor's
15 husband, wife, son, daughter, stepson, stepdaughter,
16 father, mother, stepfather, stepmother, brother, sister,
17 nephew, niece, uncle, aunt, grandfather, grandmother,
18 grandson, granddaughter, father-in-law, mother-in-law,
19 son-in-law, or daughter-in-law;
20 (3) transfers by persons acting pursuant to operation
21 of law or a court order;
22 (4) transfers on the grounds of a gun show under
23 subsection (a-5) of this Section;
24 (5) the delivery of a firearm by its owner to a
25 gunsmith for service or repair, the return of the firearm
26 to its owner by the gunsmith, or the delivery of a firearm

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1 by a gunsmith to a federally licensed firearms dealer for
2 service or repair and the return of the firearm to the
3 gunsmith;
4 (6) temporary transfers that occur while in the home
5 of the unlicensed transferee, if the unlicensed transferee
6 is not otherwise prohibited from possessing firearms and
7 the unlicensed transferee reasonably believes that
8 possession of the firearm is necessary to prevent imminent
9 death or great bodily harm to the unlicensed transferee;
10 (7) transfers to a law enforcement or corrections
11 agency or a law enforcement or corrections officer acting
12 within the course and scope of his or her official duties;
13 (8) transfers of firearms that have been rendered
14 permanently inoperable to a nonprofit historical society,
15 museum, or institutional collection; and
16 (9) transfers to a person who is exempt from the
17 requirement of possessing a Firearm Owner's Identification
18 Card under Section 2 of this Act.
19 (a-20) The Illinois State Police shall develop an
20Internet-based system for individuals to determine the
21validity of a Firearm Owner's Identification Card prior to the
22sale or transfer of a firearm. The Illinois State Police
23Department shall have the Internet-based system completed and
24available for use by July 1, 2015. The Illinois State Police
25Department shall adopt rules not inconsistent with this
26Section to implement this system.

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1 (b) Any person within this State who transfers or causes
2to be transferred any firearm, stun gun, or taser shall keep a
3record of such transfer for a period of 10 years from the date
4of transfer. Such record shall contain the date of the
5transfer; the description, serial number or other information
6identifying the firearm, stun gun, or taser if no serial
7number is available; and, if the transfer was completed within
8this State, the transferee's Firearm Owner's Identification
9Card number and any approval number or documentation provided
10by the Illinois State Police pursuant to subsection (a-10) of
11this Section; if the transfer was not completed within this
12State, the record shall contain the name and address of the
13transferee. On or after January 1, 2006, the record shall
14contain the date of application for transfer of the firearm.
15On demand of a peace officer such transferor shall produce for
16inspection such record of transfer. If the transfer or sale
17took place at a gun show, the record shall include the unique
18identification number. Failure to record the unique
19identification number or approval number is a petty offense.
20For transfers of a firearm, stun gun, or taser made on or after
21January 18, 2019 (the effective date of Public Act 100-1178)
22this amendatory Act of the 100th General Assembly, failure by
23the private seller to maintain the transfer records in
24accordance with this Section is a Class A misdemeanor for the
25first offense and a Class 4 felony for a second or subsequent
26offense. A transferee shall not be criminally liable under

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1this Section provided that he or she provides the Illinois
2State Police with the transfer records in accordance with
3procedures established by the Illinois State Police
4Department. The Illinois State Police Department shall
5establish, by rule, a standard form on its website.
6 (b-5) (Blank). Any resident may purchase ammunition from a
7person within or outside of Illinois if shipment is by United
8States mail or by a private express carrier authorized by
9federal law to ship ammunition. Any resident purchasing
10ammunition within or outside the State of Illinois must
11provide the seller with a copy of his or her valid Firearm
12Owner's Identification Card or valid concealed carry license
13and either his or her Illinois driver's license or Illinois
14State Identification Card prior to the shipment of the
15ammunition. The ammunition may be shipped only to an address
16on either of those 2 documents.
17 (c) (Blank). The provisions of this Section regarding the
18transfer of firearm ammunition shall not apply to those
19persons specified in paragraph (b) of Section 2 of this Act.
20(Source: P.A. 102-538, eff. 8-20-21; revised 10-13-21.)
21 (Text of Section after amendment by P.A. 102-237)
22 Sec. 3. (a) Except as provided in Section 3a, no person may
23knowingly transfer, or cause to be transferred, any firearm,
24firearm ammunition, stun gun, or taser to any person within
25this State unless the transferee with whom he deals displays

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1either: (1) a currently valid Firearm Owner's Identification
2Card which has previously been issued in his or her name by the
3Illinois State Police under the provisions of this Act; or (2)
4a currently valid license to carry a concealed firearm which
5has previously been issued in his or her name by the Illinois
6State Police under the Firearm Concealed Carry Act. In
7addition, all firearm, stun gun, and taser transfers by
8federally licensed firearm dealers are subject to Section 3.1.
9 (a-5) Any person who is not a federally licensed firearm
10dealer and who desires to transfer or sell a firearm while that
11person is on the grounds of a gun show must, before selling or
12transferring the firearm, request the Illinois State Police to
13conduct a background check on the prospective recipient of the
14firearm in accordance with Section 3.1.
15 (a-10) Notwithstanding item (2) of subsection (a) of this
16Section, any person who is not a federally licensed firearm
17dealer and who desires to transfer or sell a firearm or
18firearms to any person who is not a federally licensed firearm
19dealer shall, before selling or transferring the firearms,
20contact a federal firearm license dealer under paragraph (1)
21of subsection (a-15) of this Section to conduct the transfer
22or the Illinois State Police with the transferee's or
23purchaser's Firearm Owner's Identification Card number to
24determine the validity of the transferee's or purchaser's
25Firearm Owner's Identification Card under State and federal
26law, including the National Instant Criminal Background Check

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1System. This subsection shall not be effective until January
21, 2024. Until that date the transferor shall contact the
3Illinois State Police with the transferee's or purchaser's
4Firearm Owner's Identification Card number to determine the
5validity of the card. The Illinois State Police may adopt
6rules concerning the implementation of this subsection. The
7Illinois State Police shall provide the seller or transferor
8an approval number if the purchaser's Firearm Owner's
9Identification Card is valid. Approvals issued by the Illinois
10State Police Department for the purchase of a firearm pursuant
11to this subsection are valid for 30 days from the date of
12issue.
13 (a-15) The provisions of subsection (a-10) of this Section
14do not apply to:
15 (1) transfers that occur at the place of business of a
16 federally licensed firearm dealer, if the federally
17 licensed firearm dealer conducts a background check on the
18 prospective recipient of the firearm in accordance with
19 Section 3.1 of this Act and follows all other applicable
20 federal, State, and local laws as if he or she were the
21 seller or transferor of the firearm, although the dealer
22 is not required to accept the firearm into his or her
23 inventory. The purchaser or transferee may be required by
24 the federally licensed firearm dealer to pay a fee not to
25 exceed $25 per firearm, which the dealer may retain as
26 compensation for performing the functions required under

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1 this paragraph, plus the applicable fees authorized by
2 Section 3.1;
3 (2) transfers as a bona fide gift to the transferor's
4 husband, wife, son, daughter, stepson, stepdaughter,
5 father, mother, stepfather, stepmother, brother, sister,
6 nephew, niece, uncle, aunt, grandfather, grandmother,
7 grandson, granddaughter, father-in-law, mother-in-law,
8 son-in-law, or daughter-in-law;
9 (3) transfers by persons acting pursuant to operation
10 of law or a court order;
11 (4) transfers on the grounds of a gun show under
12 subsection (a-5) of this Section;
13 (5) the delivery of a firearm by its owner to a
14 gunsmith for service or repair, the return of the firearm
15 to its owner by the gunsmith, or the delivery of a firearm
16 by a gunsmith to a federally licensed firearms dealer for
17 service or repair and the return of the firearm to the
18 gunsmith;
19 (6) temporary transfers that occur while in the home
20 of the unlicensed transferee, if the unlicensed transferee
21 is not otherwise prohibited from possessing firearms and
22 the unlicensed transferee reasonably believes that
23 possession of the firearm is necessary to prevent imminent
24 death or great bodily harm to the unlicensed transferee;
25 (7) transfers to a law enforcement or corrections
26 agency or a law enforcement or corrections officer acting

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1 within the course and scope of his or her official duties;
2 (8) transfers of firearms that have been rendered
3 permanently inoperable to a nonprofit historical society,
4 museum, or institutional collection; and
5 (9) transfers to a person who is exempt from the
6 requirement of possessing a Firearm Owner's Identification
7 Card under Section 2 of this Act.
8 (a-20) The Illinois State Police shall develop an
9Internet-based system for individuals to determine the
10validity of a Firearm Owner's Identification Card prior to the
11sale or transfer of a firearm. The Illinois State Police
12Department shall have the Internet-based system updated and
13available for use by January 1, 2024. The Illinois State
14Police shall adopt rules not inconsistent with this Section to
15implement this system; but no rule shall allow the Illinois
16State Police to retain records in contravention of State and
17federal law.
18 (a-25) On or before January 1, 2022, the Illinois State
19Police shall develop an Internet-based system upon which the
20serial numbers of firearms that have been reported stolen are
21available for public access for individuals to ensure any
22firearms are not reported stolen prior to the sale or transfer
23of a firearm under this Section. The Illinois State Police
24shall have the Internet-based system completed and available
25for use by July 1, 2022. The Illinois State Police Department
26shall adopt rules not inconsistent with this Section to

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1implement this system.
2 (b) Any person within this State who transfers or causes
3to be transferred any firearm, stun gun, or taser shall keep a
4record of such transfer for a period of 10 years from the date
5of transfer. Any person within this State who receives any
6firearm, stun gun, or taser pursuant to subsection (a-10)
7shall provide a record of the transfer within 10 days of the
8transfer to a federally licensed firearm dealer and shall not
9be required to maintain a transfer record. The federally
10licensed firearm dealer shall maintain the transfer record for
1120 years from the date of receipt. A federally licensed
12firearm dealer may charge a fee not to exceed $25 to retain the
13record. The record shall be provided and maintained in either
14an electronic or paper format. The federally licensed firearm
15dealer shall not be liable for the accuracy of any information
16in the transfer record submitted pursuant to this Section.
17Such records shall contain the date of the transfer; the
18description, serial number or other information identifying
19the firearm, stun gun, or taser if no serial number is
20available; and, if the transfer was completed within this
21State, the transferee's Firearm Owner's Identification Card
22number and any approval number or documentation provided by
23the Illinois State Police pursuant to subsection (a-10) of
24this Section; if the transfer was not completed within this
25State, the record shall contain the name and address of the
26transferee. On or after January 1, 2006, the record shall

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1contain the date of application for transfer of the firearm.
2On demand of a peace officer such transferor shall produce for
3inspection such record of transfer. For any transfer pursuant
4to subsection (a-10) of this Section, on the demand of a peace
5officer, such transferee shall identify the federally licensed
6firearm dealer maintaining the transfer record. If the
7transfer or sale took place at a gun show, the record shall
8include the unique identification number. Failure to record
9the unique identification number or approval number is a petty
10offense. For transfers of a firearm, stun gun, or taser made on
11or after January 18, 2019 (the effective date of Public Act
12100-1178) this amendatory Act of the 100th General Assembly,
13failure by the private seller to maintain the transfer records
14in accordance with this Section, or failure by a transferee
15pursuant to subsection a-10 of this Section to identify the
16federally licensed firearm dealer maintaining the transfer
17record, is a Class A misdemeanor for the first offense and a
18Class 4 felony for a second or subsequent offense occurring
19within 10 years of the first offense and the second offense was
20committed after conviction of the first offense. Whenever any
21person who has not previously been convicted of any violation
22of subsection (a-5), the court may grant supervision pursuant
23to and consistent with the limitations of Section 5-6-1 of the
24Unified Code of Corrections. A transferee or transferor shall
25not be criminally liable under this Section provided that he
26or she provides the Illinois State Police with the transfer

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1records in accordance with procedures established by the
2Illinois State Police Department. The Illinois State Police
3Department shall establish, by rule, a standard form on its
4website.
5 (b-5) (Blank). Any resident may purchase ammunition from a
6person within or outside of Illinois if shipment is by United
7States mail or by a private express carrier authorized by
8federal law to ship ammunition. Any resident purchasing
9ammunition within or outside the State of Illinois must
10provide the seller with a copy of his or her valid Firearm
11Owner's Identification Card or valid concealed carry license
12and either his or her Illinois driver's license or Illinois
13State Identification Card prior to the shipment of the
14ammunition. The ammunition may be shipped only to an address
15on either of those 2 documents.
16 (c) (Blank). The provisions of this Section regarding the
17transfer of firearm ammunition shall not apply to those
18persons specified in paragraph (b) of Section 2 of this Act.
19(Source: P.A. 102-237, eff. 1-1-24; 102-538, eff. 8-20-21;
20revised 10-13-21.)
21 Section 95. No acceleration or delay. Where this Act makes
22changes in a statute that is represented in this Act by text
23that is not yet or no longer in effect (for example, a Section
24represented by multiple versions), the use of that text does
25not accelerate or delay the taking effect of (i) the changes

SB3126- 18 -LRB102 23254 RLC 32419 b
1made by this Act or (ii) provisions derived from any other
2Public Act.
3 Section 99. Effective date. This Act takes effect upon
4becoming law.