98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB2633

Introduced , by Rep. Maria Antonia Berrios

SYNOPSIS AS INTRODUCED:
430 ILCS 65/3 from Ch. 38, par. 83-3
430 ILCS 65/14 from Ch. 38, par. 83-14

Amends the Firearm Owners Identification Card Act. Provides that the transferor of a firearm, stun gun, or taser must furnish a record of the transfer, within 10 days of the transfer, to the Department of State Police. The transferee must furnish a record of the transfer and a copy of his or her valid Firearm Owner's Identification Card to the Department of State Police within 10 days of the transfer. Provides that the Department of State Police must maintain the record for a period of 10 years. Provides that a violation is a petty offense. Effective immediately.
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FISCAL NOTE ACT MAY APPLY

A BILL FOR

HB2633LRB098 08521 RLC 38632 b
1 AN ACT concerning firearms.
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 3 and 14 as follows:
6 (430 ILCS 65/3) (from Ch. 38, par. 83-3)
7 Sec. 3. (a) Except as provided in Section 3a, no person may
8knowingly transfer, or cause to be transferred, any firearm,
9firearm ammunition, stun gun, or taser to any person within
10this State unless the transferee with whom he deals displays a
11currently valid Firearm Owner's Identification Card which has
12previously been issued in his name by the Department of State
13Police under the provisions of this Act. In addition, all
14firearm, stun gun, and taser transfers by federally licensed
15firearm dealers are subject to Section 3.1.
16 (a-5) Any person who is not a federally licensed firearm
17dealer and who desires to transfer or sell a firearm while that
18person is on the grounds of a gun show must, before selling or
19transferring the firearm, request the Department of State
20Police to conduct a background check on the prospective
21recipient of the firearm in accordance with Section 3.1.
22 (b) Any person within this State who transfers or causes to
23be transferred any firearm, stun gun, or taser shall keep a

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1record of such transfer for a period of 10 years from the date
2of transfer. Such record shall contain the date of the
3transfer; the description, serial number or other information
4identifying the firearm, stun gun, or taser if no serial number
5is available; and, if the transfer was completed within this
6State, the transferee's Firearm Owner's Identification Card
7number. On or after January 1, 2006, the record shall contain
8the date of application for transfer of the firearm. On demand
9of a peace officer such transferor shall produce for inspection
10such record of transfer. If the transfer or sale took place at
11a gun show, the record shall include the unique identification
12number. Failure to record the unique identification number is a
13petty offense.
14 (b-1) The transferor of a firearm, stun gun, or taser must
15furnish a record of the transfer, within 10 days of the
16transfer, to the Department of State Police. The transferee
17must furnish a record of the transfer and a copy of his or her
18valid Firearm Owner's Identification Card to the Department of
19State Police within 10 days of the transfer. The Department of
20State Police must maintain the record for a period of 10 years.
21 (b-5) Any resident may purchase ammunition from a person
22within or outside of Illinois if shipment is by United States
23mail or by a private express carrier authorized by federal law
24to ship ammunition. Any resident purchasing ammunition within
25or outside the State of Illinois must provide the seller with a
26copy of his or her valid Firearm Owner's Identification Card

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1and either his or her Illinois driver's license or Illinois
2State Identification Card prior to the shipment of the
3ammunition. The ammunition may be shipped only to an address on
4either of those 2 documents.
5 (c) The provisions of this Section regarding the transfer
6of firearm ammunition shall not apply to those persons
7specified in paragraph (b) of Section 2 of this Act.
8(Source: P.A. 97-1135, eff. 12-4-12.)
9 (430 ILCS 65/14) (from Ch. 38, par. 83-14)
10 Sec. 14. Sentence.
11 (a) Except as provided in subsection (a-5), a violation of
12paragraph (1) of subsection (a) of Section 2, when the person's
13Firearm Owner's Identification Card is expired but the person
14is not otherwise disqualified from renewing the card, is a
15Class A misdemeanor.
16 (a-5) A violation of paragraph (1) of subsection (a) of
17Section 2, when the person's Firearm Owner's Identification
18Card is expired but the person is not otherwise disqualified
19from owning, purchasing, or possessing firearms, is a petty
20offense if the card was expired for 6 months or less from the
21date of expiration.
22 (b) Except as provided in subsection (a) with respect to an
23expired card, a violation of paragraph (1) of subsection (a) of
24Section 2 is a Class A misdemeanor when the person does not
25possess a currently valid Firearm Owner's Identification Card,

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1but is otherwise eligible under this Act. A second or
2subsequent violation is a Class 4 felony.
3 (c) A violation of paragraph (1) of subsection (a) of
4Section 2 is a Class 3 felony when:
5 (1) the person's Firearm Owner's Identification Card
6 is revoked or subject to revocation under Section 8; or
7 (2) the person's Firearm Owner's Identification Card
8 is expired and not otherwise eligible for renewal under
9 this Act; or
10 (3) the person does not possess a currently valid
11 Firearm Owner's Identification Card, and the person is not
12 otherwise eligible under this Act.
13 (d) A violation of subsection (a) of Section 3 is a Class 4
14felony. A third or subsequent conviction is a Class 1 felony.
15 (d-1) A violation of subsection (b-1) of Section 3 is a
16petty offense.
17 (d-5) Any person who knowingly enters false information on
18an application for a Firearm Owner's Identification Card, who
19knowingly gives a false answer to any question on the
20application, or who knowingly submits false evidence in
21connection with an application is guilty of a Class 2 felony.
22 (e) Except as provided by Section 6.1 of this Act, any
23other violation of this Act is a Class A misdemeanor.
24(Source: P.A. 97-1131, eff. 1-1-13.)
25 Section 99. Effective date. This Act takes effect upon
26becoming law.