(430 ILCS 65/0.01)(from Ch. 38, par. 83‑0.1) Sec. 0.01. Short title. This Act may be cited as the Firearm Owners Identification Card Act. (Source: P.A. 86‑1324.)
(430 ILCS 65/1)(from Ch. 38, par. 83‑1) Sec. 1. It is hereby declared as a matter of legislative determination that in order to promote and protect the health, safety and welfare of the public, it is necessary and in the public interest to provide a system of identifying persons who are not qualified to acquire or possess firearms, firearm ammunition, stun guns, and tasers within the State of Illinois by the establishment of a system of Firearm Owner's Identification Cards, thereby establishing a practical and workable system by which law enforcement authorities will be afforded an opportunity to identify those persons who are prohibited by Section 24‑3.1 of the "Criminal Code of 1961", as amended, from acquiring or possessing firearms and firearm ammunition and who are prohibited by this Act from acquiring stun guns and tasers. (Source: P.A. 94‑6, eff. 1‑1‑06.)
(430 ILCS 65/1.1)(from Ch. 38, par. 83‑1.1) Sec. 1.1. For purposes of this Act: "Has been adjudicated as a mental defective" means the person is the subject of a determination by a court, board, commission or other lawful authority that a person, as a result of marked subnormal intelligence, or mental illness, mental impairment, incompetency, condition, or disease: (1) is a danger to himself, herself, or to others; (2) lacks the mental capacity to manage his or her
own affairs;
(3) is not guilty in a criminal case by reason of
insanity, mental disease or defect;
(4) is incompetent to stand trial in a criminal case; (5) is not guilty by reason of lack of mental
responsibility pursuant to Articles 50a and 72b of the Uniform Code of Military Justice, 10 U.S.C. 850a, 876b.
"Counterfeit" means to copy or imitate, without legal authority, with intent to deceive. "Federally licensed firearm dealer" means a person who is licensed as a federal firearms dealer under Section 923 of the federal Gun Control Act of 1968 (18 U.S.C. 923). "Firearm" means any device, by whatever name known, which is designed to expel a projectile or projectiles by the action of an explosion, expansion of gas or escape of gas; excluding, however: (1) any pneumatic gun, spring gun, paint ball gun or
B‑B gun which either expels a single globular projectile not exceeding .18 inch in diameter and which has a maximum muzzle velocity of less than 700 feet per second or breakable paint balls containing washable marking colors;
(2) any device used exclusively for signalling or
safety and required or recommended by the United States Coast Guard or the Interstate Commerce Commission;
(3) any device used exclusively for the firing of
stud cartridges, explosive rivets or similar industrial ammunition; and
(4) an antique firearm (other than a machine‑gun)
which, although designed as a weapon, the Department of State Police finds by reason of the date of its manufacture, value, design, and other characteristics is primarily a collector's item and is not likely to be used as a weapon.
"Firearm ammunition" means any self‑contained cartridge or shotgun shell, by whatever name known, which is designed to be used or adaptable to use in a firearm; excluding, however: (1) any ammunition exclusively designed for use with
a device used exclusively for signalling or safety and required or recommended by the United States Coast Guard or the Interstate Commerce Commission; and
(2) any ammunition designed exclusively for use with
a stud or rivet driver or other similar industrial ammunition.
"Gun show" means an event or function: (1) at which the sale and transfer of firearms is the
regular and normal course of business and where 50 or more firearms are displayed, offered, or exhibited for sale, transfer, or exchange; or
(2) at which not less than 10 gun show vendors
display, offer, or exhibit for sale, sell, transfer, or exchange firearms.
"Gun show" includes the entire premises provided for an
event or function, including parking areas for the event or function, that is sponsored to facilitate the purchase, sale, transfer, or exchange of firearms as described in this Section.
"Gun show" does not include training or safety classes,
competitive shooting events, such as rifle, shotgun, or handgun matches, trap, skeet, or sporting clays shoots, dinners, banquets, raffles, or any other event where the sale or transfer of firearms is not the primary course of business.
"Gun show promoter" means a person who organizes or
operates a gun show.
"Gun show vendor" means a person who exhibits, sells,
offers for sale, transfers, or exchanges any firearms at a gun show, regardless of whether the person arranges with a gun show promoter for a fixed location from which to exhibit, sell, offer for sale, transfer, or exchange any firearm.
"Sanctioned competitive shooting event" means a shooting
contest officially recognized by a national or state shooting sport association, and includes any sight‑in or practice conducted in conjunction with the event.
"Stun gun or taser" has the meaning ascribed to it in Section 24‑1 of the Criminal Code of 1961. (Source: P.A. 94‑6, eff. 1‑1‑06; 94‑353, eff. 7‑29‑05; 95‑331, eff. 8‑21‑07; 95‑581, eff. 6‑1‑08.)
(430 ILCS 65/2)(from Ch. 38, par. 83‑2) Sec. 2. Firearm Owner's Identification Card required; exceptions. (a) (1) No person may acquire or possess any firearm,
stun gun, or taser 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 under the provisions of this Act.
(2) No person may acquire or possess firearm
ammunition 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 under the provisions of this Act.
(b) The provisions of this Section regarding the possession of firearms, firearm ammunition, stun guns, and tasers do not apply to: (1) United States Marshals, while engaged in the
operation of their official duties;
(2) Members of the Armed Forces of the United States
or the National Guard, while engaged in the operation of their official duties;
(3) Federal officials required to carry firearms,
while engaged in the operation of their official duties;
(4) Members of bona fide veterans organizations
which receive firearms directly from the armed forces of the United States, while using the firearms for ceremonial purposes with blank ammunition;
(5) Nonresident hunters during hunting season, with
valid nonresident hunting licenses and while in an area where hunting is permitted; however, at all other times and in all other places these persons must have their firearms unloaded and enclosed in a case;
(6) Those hunters exempt from obtaining a hunting
license who are required to submit their Firearm Owner's Identification Card when hunting on Department of Natural Resources owned or managed sites;
(7) Nonresidents while on a firing or shooting range
recognized by the Department of State Police; however, these persons must at all other times and in all other places have their firearms unloaded and enclosed in a case;
(8) Nonresidents while at a firearm showing or
display recognized by the Department of State Police; however, at all other times and in all other places these persons must have their firearms unloaded and enclosed in a case;
(9) Nonresidents whose firearms are unloaded and
enclosed in a case;
(10) Nonresidents who are currently licensed or
registered to possess a firearm in their resident state;
(11) Unemancipated minors while in the custody and
immediate control of their parent or legal guardian or other person in loco parentis to the minor if the parent or legal guardian or other person in loco parentis to the minor has a currently valid Firearm Owner's Identification Card;
(12) Color guards of bona fide veterans
organizations or members of bona fide American Legion bands while using firearms for ceremonial purposes with blank ammunition;
(13) Nonresident hunters whose state of residence
does not require them to be licensed or registered to possess a firearm and only during hunting season, with valid hunting licenses, while accompanied by, and using a firearm owned by, a person who possesses a valid Firearm Owner's Identification Card and while in an area within a commercial club licensed under the Wildlife Code where hunting is permitted and controlled, but in no instance upon sites owned or managed by the Department of Natural Resources;
(14) Resident hunters who are properly authorized to
hunt and, while accompanied by a person who possesses a valid Firearm Owner's Identification Card, hunt in an area within a commercial club licensed under the Wildlife Code where hunting is permitted and controlled;
(15) A person who is otherwise eligible to obtain a
Firearm Owner's Identification Card under this Act and is under the direct supervision of a holder of a Firearm Owner's Identification Card who is 21 years of age or older while the person is on a firing or shooting range or is a participant in a firearms safety and training course recognized by a law enforcement agency or a national, statewide shooting sports organization; and
firearms are sanctioned by the International Olympic Committee, the International Paralympic Committee, the International Shooting Sport Federation, or USA Shooting in connection with such athletes' training for and participation in shooting competitions at the 2016 Olympic and Paralympic Games and sanctioned test events leading up to the 2016 Olympic and Paralympic Games.
(c) The provisions of this Section regarding the acquisition and possession of firearms, firearm ammunition, stun guns, and tasers do not apply to law enforcement officials of this or any other jurisdiction, while engaged in the operation of their official duties. (Source: P.A. 96‑7, eff. 4‑3‑09.)
(430 ILCS 65/3)(from Ch. 38, par. 83‑3) Sec. 3. (a) Except as provided in Section 3a, no person may knowingly transfer, or cause to be transferred, any firearm, firearm ammunition, stun gun, or taser to any person within this State unless the transferee with whom he deals displays a currently valid Firearm Owner's Identification Card which has previously been issued in his name by the Department of State Police under the provisions of this Act. In addition, all firearm, stun gun, and taser transfers by federally licensed firearm dealers are subject to Section 3.1. (a‑5) Any person who is not a federally licensed firearm dealer and who desires to transfer or sell a firearm while that person is on the grounds of a gun show must, before selling or transferring the firearm, request the Department of State Police to conduct a background check on the prospective recipient of the firearm in accordance with Section 3.1. (b) Any person within this State who transfers or causes to be transferred any firearm, stun gun, or taser shall keep a record of such transfer for a period of 10 years from the date of transfer. Such record shall contain the date of the transfer; the description, serial number or other information identifying the firearm, stun gun, or taser if no serial number is available; and, if the transfer was completed within this State, the transferee's Firearm Owner's Identification Card number. On or after January 1, 2006, the record shall contain the date of application for transfer of the firearm. On demand of a peace officer such transferor shall produce for inspection such record of transfer. If the transfer or sale took place at a gun show, the record shall include the unique identification number. Failure to record the unique identification number is a petty offense. (b‑5) Any resident may purchase ammunition from a person outside of Illinois. Any resident purchasing ammunition outside the State of Illinois must provide the seller with a copy of his or her valid Firearm Owner's Identification Card and either his or her Illinois driver's license or Illinois State Identification Card prior to the shipment of the ammunition. The ammunition may be shipped only to an address on either of those 2 documents. (c) The provisions of this Section regarding the transfer of firearm ammunition shall not apply to those persons specified in paragraph (b) of Section 2 of this Act. (Source: P.A. 94‑6, eff. 1‑1‑06; 94‑284, eff. 7‑21‑05; 94‑353, eff. 7‑29‑05; 94‑571, eff. 8‑12‑05; 95‑331, eff. 8‑21‑07.)
(430 ILCS 65/3a)(from Ch. 38, par. 83‑3a) Sec. 3a. (a) Any resident of Illinois who has obtained a firearm owner's identification card pursuant to this Act and who is not otherwise prohibited from obtaining, possessing or using a firearm may purchase or obtain a rifle or shotgun or ammunition for a rifle or shotgun in Iowa, Missouri, Indiana, Wisconsin or Kentucky. (b) Any resident of Iowa, Missouri, Indiana, Wisconsin or Kentucky or a non‑resident with a valid non‑resident hunting license, who is 18 years of age or older and who is not prohibited by the laws of Illinois, the state of his domicile, or the United States from obtaining, possessing or using a firearm, may purchase or obtain a rifle, shotgun or ammunition for a rifle or shotgun in Illinois. (b‑5) Any non‑resident who is participating in a sanctioned competitive shooting event, who is 18 years of age or older and who is not prohibited by the laws of Illinois, the state of his or her domicile, or the United States from obtaining, possessing, or using a firearm, may purchase or obtain a shotgun or shotgun ammunition in Illinois for the purpose of participating in that event. A person may purchase or obtain a shotgun or shotgun ammunition under this subsection only at the site where the sanctioned competitive shooting event is being held. (c) Any transaction under this Section is subject to the provisions of the Gun Control Act of 1968 (18 U.S.C. 922 (b)(3)). (Source: P.A. 94‑353, eff. 7‑29‑05.)
(430 ILCS 65/3.1)(from Ch. 38, par. 83‑3.1) Sec. 3.1. Dial up system. (a) The Department of State Police shall provide a dial up telephone system or utilize other existing technology which shall be used by any federally licensed firearm dealer, gun show promoter, or gun show vendor who is to transfer a firearm, stun gun, or taser under the provisions of this Act. The Department of State Police may utilize existing technology which allows the caller to be charged a fee not to exceed $2. Fees collected by the Department of State Police shall be deposited in the State Police Services Fund and used to provide the service. (b) Upon receiving a request from a federally licensed firearm dealer, gun show promoter, or gun show vendor, the Department of State Police shall immediately approve, or within the time period established by Section 24‑3 of the Criminal Code of 1961 regarding the delivery of firearms, stun guns, and tasers notify the inquiring dealer, gun show promoter, or gun show vendor of any objection that would disqualify the transferee from acquiring or possessing a firearm, stun gun, or taser. In conducting the inquiry, the Department of State Police shall initiate and complete an automated search of its criminal history record information files and those of the Federal Bureau of Investigation, including the National Instant Criminal Background Check System, and of the files of the Department of Human Services relating to mental health and developmental disabilities to obtain any felony conviction or patient hospitalization information which would disqualify a person from obtaining or require revocation of a currently valid Firearm Owner's Identification Card. (c) If receipt of a firearm would not violate Section 24‑3 of the Criminal Code of 1961, federal law, or this Act the Department of State Police shall: (1) assign a unique identification number to the
transfer; and
(2) provide the licensee, gun show promoter, or gun
show vendor with the number.
(d) Approvals issued by the Department of State Police
for the purchase of a firearm are valid for 30 days from the date of issue.
(e) (1) The Department of State Police must act as the Illinois Point of Contact for the National Instant Criminal Background Check System. (2) The Department of State Police and the Department of Human Services shall, in accordance with State and federal law regarding confidentiality, enter into a memorandum of understanding with the Federal Bureau of Investigation for the purpose of implementing the National Instant Criminal Background Check System in the State. The Department of State Police shall report the name, date of birth, and physical description of any person prohibited from possessing a firearm pursuant to the Firearm Owners Identification Card Act or 18 U.S.C. 922(g) and (n) to the National Instant Criminal Background Check System Index, Denied Persons Files. (f) The Department of State Police shall promulgate rules not inconsistent with this Section to implement this system. (Source: P.A. 94‑6, eff. 1‑1‑06; 94‑353, eff. 7‑29‑05; 95‑331, eff. 8‑21‑07; 95‑564, eff. 6‑1‑08.)
(430 ILCS 65/3.2) Sec. 3.2. List of prohibited projectiles; notice to dealers. Prior to January 1, 2002, the Department of State Police shall list on the Department's World Wide Web site all firearm projectiles that are prohibited under Sections 24‑2.1, 24‑2.2, and 24‑3.2 of the Criminal Code of 1961, together with a statement setting forth the sentence that may be imposed for violating those Sections. The Department of State Police shall, prior to January 1, 2002, send a list of all firearm projectiles that are prohibited under Sections 24‑2.1, 24‑2.2, and 24‑3.2 of the Criminal Code of 1961 to each federally licensed firearm dealer in Illinois registered with the Department. (Source: P.A. 92‑423, eff. 1‑1‑02.)
(430 ILCS 65/3.3) Sec. 3.3. Report to the local law enforcement agency. The Department of State Police must report the name and address of a person to the local law enforcement agency where the person resides if the person attempting to purchase a firearm is disqualified from purchasing a firearm because of information obtained under Section 3.1 that would disqualify the person from obtaining a Firearm Owner's Identification Card under any of subsections (c) through (n) of Section 8 of this Act. (Source: P.A. 94‑125, eff. 1‑1‑06.)
(430 ILCS 65/4)(from Ch. 38, par. 83‑4) Sec. 4. (a) Each applicant for a Firearm Owner's Identification Card must: (1) Make application on blank forms prepared and
furnished at convenient locations throughout the State by the Department of State Police, or by electronic means, if and when made available by the Department of State Police; and
(2) Submit evidence to the Department of State
Police that:
(i) He or she is 21 years of age or over, or if
he or she is under 21 years of age that he or she has the written consent of his or her parent or legal guardian to possess and acquire firearms and firearm ammunition and that he or she has never been convicted of a misdemeanor other than a traffic offense or adjudged delinquent, provided, however, that such parent or legal guardian is not an individual prohibited from having a Firearm Owner's Identification Card and files an affidavit with the Department as prescribed by the Department stating that he or she is not an individual prohibited from having a Card;
(ii) He or she has not been convicted of a
felony under the laws of this or any other jurisdiction;
(iii) He or she is not addicted to narcotics; (iv) He or she has not been a patient in a
mental institution within the past 5 years and he or she has not been adjudicated as a mental defective;
(v) He or she is not mentally retarded; (vi) He or she is not an alien who is unlawfully
present in the United States under the laws of the United States;
(vii) He or she is not subject to an existing
order of protection prohibiting him or her from possessing a firearm;
(viii) He or she has not been convicted within
the past 5 years of battery, assault, aggravated assault, violation of an order of protection, or a substantially similar offense in another jurisdiction, in which a firearm was used or possessed;
(ix) He or she has not been convicted of
domestic battery or a substantially similar offense in another jurisdiction committed on or after the effective date of this amendatory Act of 1997;
(x) He or she has not been convicted within the
past 5 years of domestic battery or a substantially similar offense in another jurisdiction committed before the effective date of this amendatory Act of 1997;
(xi) He or she is not an alien who has been
admitted to the United States under a non‑immigrant visa (as that term is defined in Section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(26))), or that he or she is an alien who has been lawfully admitted to the United States under a non‑immigrant visa if that alien is:
(1) admitted to the United States for lawful
hunting or sporting purposes;
(2) an official representative of a foreign
government who is:
(A) accredited to the United States
Government or the Government's mission to an international organization having its headquarters in the United States; or
(B) en route to or from another country
to which that alien is accredited;
(3) an official of a foreign government or
distinguished foreign visitor who has been so designated by the Department of State;
(430 ILCS 65/0.01)(from Ch. 38, par. 83‑0.1) Sec. 0.01. Short title. This Act may be cited as the Firearm Owners Identification Card Act. (Source: P.A. 86‑1324.)
(430 ILCS 65/1)(from Ch. 38, par. 83‑1) Sec. 1. It is hereby declared as a matter of legislative determination that in order to promote and protect the health, safety and welfare of the public, it is necessary and in the public interest to provide a system of identifying persons who are not qualified to acquire or possess firearms, firearm ammunition, stun guns, and tasers within the State of Illinois by the establishment of a system of Firearm Owner's Identification Cards, thereby establishing a practical and workable system by which law enforcement authorities will be afforded an opportunity to identify those persons who are prohibited by Section 24‑3.1 of the "Criminal Code of 1961", as amended, from acquiring or possessing firearms and firearm ammunition and who are prohibited by this Act from acquiring stun guns and tasers. (Source: P.A. 94‑6, eff. 1‑1‑06.)
(430 ILCS 65/1.1)(from Ch. 38, par. 83‑1.1) Sec. 1.1. For purposes of this Act: "Has been adjudicated as a mental defective" means the person is the subject of a determination by a court, board, commission or other lawful authority that a person, as a result of marked subnormal intelligence, or mental illness, mental impairment, incompetency, condition, or disease: (1) is a danger to himself, herself, or to others; (2) lacks the mental capacity to manage his or her
own affairs;
(3) is not guilty in a criminal case by reason of
insanity, mental disease or defect;
(4) is incompetent to stand trial in a criminal case; (5) is not guilty by reason of lack of mental
responsibility pursuant to Articles 50a and 72b of the Uniform Code of Military Justice, 10 U.S.C. 850a, 876b.
"Counterfeit" means to copy or imitate, without legal authority, with intent to deceive. "Federally licensed firearm dealer" means a person who is licensed as a federal firearms dealer under Section 923 of the federal Gun Control Act of 1968 (18 U.S.C. 923). "Firearm" means any device, by whatever name known, which is designed to expel a projectile or projectiles by the action of an explosion, expansion of gas or escape of gas; excluding, however: (1) any pneumatic gun, spring gun, paint ball gun or
B‑B gun which either expels a single globular projectile not exceeding .18 inch in diameter and which has a maximum muzzle velocity of less than 700 feet per second or breakable paint balls containing washable marking colors;
(2) any device used exclusively for signalling or
safety and required or recommended by the United States Coast Guard or the Interstate Commerce Commission;
(3) any device used exclusively for the firing of
stud cartridges, explosive rivets or similar industrial ammunition; and
(4) an antique firearm (other than a machine‑gun)
which, although designed as a weapon, the Department of State Police finds by reason of the date of its manufacture, value, design, and other characteristics is primarily a collector's item and is not likely to be used as a weapon.
"Firearm ammunition" means any self‑contained cartridge or shotgun shell, by whatever name known, which is designed to be used or adaptable to use in a firearm; excluding, however: (1) any ammunition exclusively designed for use with
a device used exclusively for signalling or safety and required or recommended by the United States Coast Guard or the Interstate Commerce Commission; and
(2) any ammunition designed exclusively for use with
a stud or rivet driver or other similar industrial ammunition.
"Gun show" means an event or function: (1) at which the sale and transfer of firearms is the
regular and normal course of business and where 50 or more firearms are displayed, offered, or exhibited for sale, transfer, or exchange; or
(2) at which not less than 10 gun show vendors
display, offer, or exhibit for sale, sell, transfer, or exchange firearms.
"Gun show" includes the entire premises provided for an
event or function, including parking areas for the event or function, that is sponsored to facilitate the purchase, sale, transfer, or exchange of firearms as described in this Section.
"Gun show" does not include training or safety classes,
competitive shooting events, such as rifle, shotgun, or handgun matches, trap, skeet, or sporting clays shoots, dinners, banquets, raffles, or any other event where the sale or transfer of firearms is not the primary course of business.
"Gun show promoter" means a person who organizes or
operates a gun show.
"Gun show vendor" means a person who exhibits, sells,
offers for sale, transfers, or exchanges any firearms at a gun show, regardless of whether the person arranges with a gun show promoter for a fixed location from which to exhibit, sell, offer for sale, transfer, or exchange any firearm.
"Sanctioned competitive shooting event" means a shooting
contest officially recognized by a national or state shooting sport association, and includes any sight‑in or practice conducted in conjunction with the event.
"Stun gun or taser" has the meaning ascribed to it in Section 24‑1 of the Criminal Code of 1961. (Source: P.A. 94‑6, eff. 1‑1‑06; 94‑353, eff. 7‑29‑05; 95‑331, eff. 8‑21‑07; 95‑581, eff. 6‑1‑08.)
(430 ILCS 65/2)(from Ch. 38, par. 83‑2) Sec. 2. Firearm Owner's Identification Card required; exceptions. (a) (1) No person may acquire or possess any firearm,
stun gun, or taser 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 under the provisions of this Act.
(2) No person may acquire or possess firearm
ammunition 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 under the provisions of this Act.
(b) The provisions of this Section regarding the possession of firearms, firearm ammunition, stun guns, and tasers do not apply to: (1) United States Marshals, while engaged in the
operation of their official duties;
(2) Members of the Armed Forces of the United States
or the National Guard, while engaged in the operation of their official duties;
(3) Federal officials required to carry firearms,
while engaged in the operation of their official duties;
(4) Members of bona fide veterans organizations
which receive firearms directly from the armed forces of the United States, while using the firearms for ceremonial purposes with blank ammunition;
(5) Nonresident hunters during hunting season, with
valid nonresident hunting licenses and while in an area where hunting is permitted; however, at all other times and in all other places these persons must have their firearms unloaded and enclosed in a case;
(6) Those hunters exempt from obtaining a hunting
license who are required to submit their Firearm Owner's Identification Card when hunting on Department of Natural Resources owned or managed sites;
(7) Nonresidents while on a firing or shooting range
recognized by the Department of State Police; however, these persons must at all other times and in all other places have their firearms unloaded and enclosed in a case;
(8) Nonresidents while at a firearm showing or
display recognized by the Department of State Police; however, at all other times and in all other places these persons must have their firearms unloaded and enclosed in a case;
(9) Nonresidents whose firearms are unloaded and
enclosed in a case;
(10) Nonresidents who are currently licensed or
registered to possess a firearm in their resident state;
(11) Unemancipated minors while in the custody and
immediate control of their parent or legal guardian or other person in loco parentis to the minor if the parent or legal guardian or other person in loco parentis to the minor has a currently valid Firearm Owner's Identification Card;
(12) Color guards of bona fide veterans
organizations or members of bona fide American Legion bands while using firearms for ceremonial purposes with blank ammunition;
(13) Nonresident hunters whose state of residence
does not require them to be licensed or registered to possess a firearm and only during hunting season, with valid hunting licenses, while accompanied by, and using a firearm owned by, a person who possesses a valid Firearm Owner's Identification Card and while in an area within a commercial club licensed under the Wildlife Code where hunting is permitted and controlled, but in no instance upon sites owned or managed by the Department of Natural Resources;
(14) Resident hunters who are properly authorized to
hunt and, while accompanied by a person who possesses a valid Firearm Owner's Identification Card, hunt in an area within a commercial club licensed under the Wildlife Code where hunting is permitted and controlled;
(15) A person who is otherwise eligible to obtain a
Firearm Owner's Identification Card under this Act and is under the direct supervision of a holder of a Firearm Owner's Identification Card who is 21 years of age or older while the person is on a firing or shooting range or is a participant in a firearms safety and training course recognized by a law enforcement agency or a national, statewide shooting sports organization; and
firearms are sanctioned by the International Olympic Committee, the International Paralympic Committee, the International Shooting Sport Federation, or USA Shooting in connection with such athletes' training for and participation in shooting competitions at the 2016 Olympic and Paralympic Games and sanctioned test events leading up to the 2016 Olympic and Paralympic Games.
(c) The provisions of this Section regarding the acquisition and possession of firearms, firearm ammunition, stun guns, and tasers do not apply to law enforcement officials of this or any other jurisdiction, while engaged in the operation of their official duties. (Source: P.A. 96‑7, eff. 4‑3‑09.)
(430 ILCS 65/3)(from Ch. 38, par. 83‑3) Sec. 3. (a) Except as provided in Section 3a, no person may knowingly transfer, or cause to be transferred, any firearm, firearm ammunition, stun gun, or taser to any person within this State unless the transferee with whom he deals displays a currently valid Firearm Owner's Identification Card which has previously been issued in his name by the Department of State Police under the provisions of this Act. In addition, all firearm, stun gun, and taser transfers by federally licensed firearm dealers are subject to Section 3.1. (a‑5) Any person who is not a federally licensed firearm dealer and who desires to transfer or sell a firearm while that person is on the grounds of a gun show must, before selling or transferring the firearm, request the Department of State Police to conduct a background check on the prospective recipient of the firearm in accordance with Section 3.1. (b) Any person within this State who transfers or causes to be transferred any firearm, stun gun, or taser shall keep a record of such transfer for a period of 10 years from the date of transfer. Such record shall contain the date of the transfer; the description, serial number or other information identifying the firearm, stun gun, or taser if no serial number is available; and, if the transfer was completed within this State, the transferee's Firearm Owner's Identification Card number. On or after January 1, 2006, the record shall contain the date of application for transfer of the firearm. On demand of a peace officer such transferor shall produce for inspection such record of transfer. If the transfer or sale took place at a gun show, the record shall include the unique identification number. Failure to record the unique identification number is a petty offense. (b‑5) Any resident may purchase ammunition from a person outside of Illinois. Any resident purchasing ammunition outside the State of Illinois must provide the seller with a copy of his or her valid Firearm Owner's Identification Card and either his or her Illinois driver's license or Illinois State Identification Card prior to the shipment of the ammunition. The ammunition may be shipped only to an address on either of those 2 documents. (c) The provisions of this Section regarding the transfer of firearm ammunition shall not apply to those persons specified in paragraph (b) of Section 2 of this Act. (Source: P.A. 94‑6, eff. 1‑1‑06; 94‑284, eff. 7‑21‑05; 94‑353, eff. 7‑29‑05; 94‑571, eff. 8‑12‑05; 95‑331, eff. 8‑21‑07.)
(430 ILCS 65/3a)(from Ch. 38, par. 83‑3a) Sec. 3a. (a) Any resident of Illinois who has obtained a firearm owner's identification card pursuant to this Act and who is not otherwise prohibited from obtaining, possessing or using a firearm may purchase or obtain a rifle or shotgun or ammunition for a rifle or shotgun in Iowa, Missouri, Indiana, Wisconsin or Kentucky. (b) Any resident of Iowa, Missouri, Indiana, Wisconsin or Kentucky or a non‑resident with a valid non‑resident hunting license, who is 18 years of age or older and who is not prohibited by the laws of Illinois, the state of his domicile, or the United States from obtaining, possessing or using a firearm, may purchase or obtain a rifle, shotgun or ammunition for a rifle or shotgun in Illinois. (b‑5) Any non‑resident who is participating in a sanctioned competitive shooting event, who is 18 years of age or older and who is not prohibited by the laws of Illinois, the state of his or her domicile, or the United States from obtaining, possessing, or using a firearm, may purchase or obtain a shotgun or shotgun ammunition in Illinois for the purpose of participating in that event. A person may purchase or obtain a shotgun or shotgun ammunition under this subsection only at the site where the sanctioned competitive shooting event is being held. (c) Any transaction under this Section is subject to the provisions of the Gun Control Act of 1968 (18 U.S.C. 922 (b)(3)). (Source: P.A. 94‑353, eff. 7‑29‑05.)
(430 ILCS 65/3.1)(from Ch. 38, par. 83‑3.1) Sec. 3.1. Dial up system. (a) The Department of State Police shall provide a dial up telephone system or utilize other existing technology which shall be used by any federally licensed firearm dealer, gun show promoter, or gun show vendor who is to transfer a firearm, stun gun, or taser under the provisions of this Act. The Department of State Police may utilize existing technology which allows the caller to be charged a fee not to exceed $2. Fees collected by the Department of State Police shall be deposited in the State Police Services Fund and used to provide the service. (b) Upon receiving a request from a federally licensed firearm dealer, gun show promoter, or gun show vendor, the Department of State Police shall immediately approve, or within the time period established by Section 24‑3 of the Criminal Code of 1961 regarding the delivery of firearms, stun guns, and tasers notify the inquiring dealer, gun show promoter, or gun show vendor of any objection that would disqualify the transferee from acquiring or possessing a firearm, stun gun, or taser. In conducting the inquiry, the Department of State Police shall initiate and complete an automated search of its criminal history record information files and those of the Federal Bureau of Investigation, including the National Instant Criminal Background Check System, and of the files of the Department of Human Services relating to mental health and developmental disabilities to obtain any felony conviction or patient hospitalization information which would disqualify a person from obtaining or require revocation of a currently valid Firearm Owner's Identification Card. (c) If receipt of a firearm would not violate Section 24‑3 of the Criminal Code of 1961, federal law, or this Act the Department of State Police shall: (1) assign a unique identification number to the
transfer; and
(2) provide the licensee, gun show promoter, or gun
show vendor with the number.
(d) Approvals issued by the Department of State Police
for the purchase of a firearm are valid for 30 days from the date of issue.
(e) (1) The Department of State Police must act as the Illinois Point of Contact for the National Instant Criminal Background Check System. (2) The Department of State Police and the Department of Human Services shall, in accordance with State and federal law regarding confidentiality, enter into a memorandum of understanding with the Federal Bureau of Investigation for the purpose of implementing the National Instant Criminal Background Check System in the State. The Department of State Police shall report the name, date of birth, and physical description of any person prohibited from possessing a firearm pursuant to the Firearm Owners Identification Card Act or 18 U.S.C. 922(g) and (n) to the National Instant Criminal Background Check System Index, Denied Persons Files. (f) The Department of State Police shall promulgate rules not inconsistent with this Section to implement this system. (Source: P.A. 94‑6, eff. 1‑1‑06; 94‑353, eff. 7‑29‑05; 95‑331, eff. 8‑21‑07; 95‑564, eff. 6‑1‑08.)
(430 ILCS 65/3.2) Sec. 3.2. List of prohibited projectiles; notice to dealers. Prior to January 1, 2002, the Department of State Police shall list on the Department's World Wide Web site all firearm projectiles that are prohibited under Sections 24‑2.1, 24‑2.2, and 24‑3.2 of the Criminal Code of 1961, together with a statement setting forth the sentence that may be imposed for violating those Sections. The Department of State Police shall, prior to January 1, 2002, send a list of all firearm projectiles that are prohibited under Sections 24‑2.1, 24‑2.2, and 24‑3.2 of the Criminal Code of 1961 to each federally licensed firearm dealer in Illinois registered with the Department. (Source: P.A. 92‑423, eff. 1‑1‑02.)
(430 ILCS 65/3.3) Sec. 3.3. Report to the local law enforcement agency. The Department of State Police must report the name and address of a person to the local law enforcement agency where the person resides if the person attempting to purchase a firearm is disqualified from purchasing a firearm because of information obtained under Section 3.1 that would disqualify the person from obtaining a Firearm Owner's Identification Card under any of subsections (c) through (n) of Section 8 of this Act. (Source: P.A. 94‑125, eff. 1‑1‑06.)
(430 ILCS 65/4)(from Ch. 38, par. 83‑4) Sec. 4. (a) Each applicant for a Firearm Owner's Identification Card must: (1) Make application on blank forms prepared and
furnished at convenient locations throughout the State by the Department of State Police, or by electronic means, if and when made available by the Department of State Police; and
(2) Submit evidence to the Department of State
Police that:
(i) He or she is 21 years of age or over, or if
he or she is under 21 years of age that he or she has the written consent of his or her parent or legal guardian to possess and acquire firearms and firearm ammunition and that he or she has never been convicted of a misdemeanor other than a traffic offense or adjudged delinquent, provided, however, that such parent or legal guardian is not an individual prohibited from having a Firearm Owner's Identification Card and files an affidavit with the Department as prescribed by the Department stating that he or she is not an individual prohibited from having a Card;
(ii) He or she has not been convicted of a
felony under the laws of this or any other jurisdiction;
(iii) He or she is not addicted to narcotics; (iv) He or she has not been a patient in a
mental institution within the past 5 years and he or she has not been adjudicated as a mental defective;
(v) He or she is not mentally retarded; (vi) He or she is not an alien who is unlawfully
present in the United States under the laws of the United States;
(vii) He or she is not subject to an existing
order of protection prohibiting him or her from possessing a firearm;
(viii) He or she has not been convicted within
the past 5 years of battery, assault, aggravated assault, violation of an order of protection, or a substantially similar offense in another jurisdiction, in which a firearm was used or possessed;
(ix) He or she has not been convicted of
domestic battery or a substantially similar offense in another jurisdiction committed on or after the effective date of this amendatory Act of 1997;
(x) He or she has not been convicted within the
past 5 years of domestic battery or a substantially similar offense in another jurisdiction committed before the effective date of this amendatory Act of 1997;
(xi) He or she is not an alien who has been
admitted to the United States under a non‑immigrant visa (as that term is defined in Section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(26))), or that he or she is an alien who has been lawfully admitted to the United States under a non‑immigrant visa if that alien is:
(1) admitted to the United States for lawful
hunting or sporting purposes;
(2) an official representative of a foreign
government who is:
(A) accredited to the United States
Government or the Government's mission to an international organization having its headquarters in the United States; or
(B) en route to or from another country
to which that alien is accredited;
(3) an official of a foreign government or
distinguished foreign visitor who has been so designated by the Department of State;
(430 ILCS 65/0.01)(from Ch. 38, par. 83‑0.1) Sec. 0.01. Short title. This Act may be cited as the Firearm Owners Identification Card Act. (Source: P.A. 86‑1324.)
(430 ILCS 65/1)(from Ch. 38, par. 83‑1) Sec. 1. It is hereby declared as a matter of legislative determination that in order to promote and protect the health, safety and welfare of the public, it is necessary and in the public interest to provide a system of identifying persons who are not qualified to acquire or possess firearms, firearm ammunition, stun guns, and tasers within the State of Illinois by the establishment of a system of Firearm Owner's Identification Cards, thereby establishing a practical and workable system by which law enforcement authorities will be afforded an opportunity to identify those persons who are prohibited by Section 24‑3.1 of the "Criminal Code of 1961", as amended, from acquiring or possessing firearms and firearm ammunition and who are prohibited by this Act from acquiring stun guns and tasers. (Source: P.A. 94‑6, eff. 1‑1‑06.)
(430 ILCS 65/1.1)(from Ch. 38, par. 83‑1.1) Sec. 1.1. For purposes of this Act: "Has been adjudicated as a mental defective" means the person is the subject of a determination by a court, board, commission or other lawful authority that a person, as a result of marked subnormal intelligence, or mental illness, mental impairment, incompetency, condition, or disease: (1) is a danger to himself, herself, or to others; (2) lacks the mental capacity to manage his or her
own affairs;
(3) is not guilty in a criminal case by reason of
insanity, mental disease or defect;
(4) is incompetent to stand trial in a criminal case; (5) is not guilty by reason of lack of mental
responsibility pursuant to Articles 50a and 72b of the Uniform Code of Military Justice, 10 U.S.C. 850a, 876b.
"Counterfeit" means to copy or imitate, without legal authority, with intent to deceive. "Federally licensed firearm dealer" means a person who is licensed as a federal firearms dealer under Section 923 of the federal Gun Control Act of 1968 (18 U.S.C. 923). "Firearm" means any device, by whatever name known, which is designed to expel a projectile or projectiles by the action of an explosion, expansion of gas or escape of gas; excluding, however: (1) any pneumatic gun, spring gun, paint ball gun or
B‑B gun which either expels a single globular projectile not exceeding .18 inch in diameter and which has a maximum muzzle velocity of less than 700 feet per second or breakable paint balls containing washable marking colors;
(2) any device used exclusively for signalling or
safety and required or recommended by the United States Coast Guard or the Interstate Commerce Commission;
(3) any device used exclusively for the firing of
stud cartridges, explosive rivets or similar industrial ammunition; and
(4) an antique firearm (other than a machine‑gun)
which, although designed as a weapon, the Department of State Police finds by reason of the date of its manufacture, value, design, and other characteristics is primarily a collector's item and is not likely to be used as a weapon.
"Firearm ammunition" means any self‑contained cartridge or shotgun shell, by whatever name known, which is designed to be used or adaptable to use in a firearm; excluding, however: (1) any ammunition exclusively designed for use with
a device used exclusively for signalling or safety and required or recommended by the United States Coast Guard or the Interstate Commerce Commission; and
(2) any ammunition designed exclusively for use with
a stud or rivet driver or other similar industrial ammunition.
"Gun show" means an event or function: (1) at which the sale and transfer of firearms is the
regular and normal course of business and where 50 or more firearms are displayed, offered, or exhibited for sale, transfer, or exchange; or
(2) at which not less than 10 gun show vendors
display, offer, or exhibit for sale, sell, transfer, or exchange firearms.
"Gun show" includes the entire premises provided for an
event or function, including parking areas for the event or function, that is sponsored to facilitate the purchase, sale, transfer, or exchange of firearms as described in this Section.
"Gun show" does not include training or safety classes,
competitive shooting events, such as rifle, shotgun, or handgun matches, trap, skeet, or sporting clays shoots, dinners, banquets, raffles, or any other event where the sale or transfer of firearms is not the primary course of business.
"Gun show promoter" means a person who organizes or
operates a gun show.
"Gun show vendor" means a person who exhibits, sells,
offers for sale, transfers, or exchanges any firearms at a gun show, regardless of whether the person arranges with a gun show promoter for a fixed location from which to exhibit, sell, offer for sale, transfer, or exchange any firearm.
"Sanctioned competitive shooting event" means a shooting
contest officially recognized by a national or state shooting sport association, and includes any sight‑in or practice conducted in conjunction with the event.
"Stun gun or taser" has the meaning ascribed to it in Section 24‑1 of the Criminal Code of 1961. (Source: P.A. 94‑6, eff. 1‑1‑06; 94‑353, eff. 7‑29‑05; 95‑331, eff. 8‑21‑07; 95‑581, eff. 6‑1‑08.)
(430 ILCS 65/2)(from Ch. 38, par. 83‑2) Sec. 2. Firearm Owner's Identification Card required; exceptions. (a) (1) No person may acquire or possess any firearm,
stun gun, or taser 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 under the provisions of this Act.
(2) No person may acquire or possess firearm
ammunition 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 under the provisions of this Act.
(b) The provisions of this Section regarding the possession of firearms, firearm ammunition, stun guns, and tasers do not apply to: (1) United States Marshals, while engaged in the
operation of their official duties;
(2) Members of the Armed Forces of the United States
or the National Guard, while engaged in the operation of their official duties;
(3) Federal officials required to carry firearms,
while engaged in the operation of their official duties;
(4) Members of bona fide veterans organizations
which receive firearms directly from the armed forces of the United States, while using the firearms for ceremonial purposes with blank ammunition;
(5) Nonresident hunters during hunting season, with
valid nonresident hunting licenses and while in an area where hunting is permitted; however, at all other times and in all other places these persons must have their firearms unloaded and enclosed in a case;
(6) Those hunters exempt from obtaining a hunting
license who are required to submit their Firearm Owner's Identification Card when hunting on Department of Natural Resources owned or managed sites;
(7) Nonresidents while on a firing or shooting range
recognized by the Department of State Police; however, these persons must at all other times and in all other places have their firearms unloaded and enclosed in a case;
(8) Nonresidents while at a firearm showing or
display recognized by the Department of State Police; however, at all other times and in all other places these persons must have their firearms unloaded and enclosed in a case;
(9) Nonresidents whose firearms are unloaded and
enclosed in a case;
(10) Nonresidents who are currently licensed or
registered to possess a firearm in their resident state;
(11) Unemancipated minors while in the custody and
immediate control of their parent or legal guardian or other person in loco parentis to the minor if the parent or legal guardian or other person in loco parentis to the minor has a currently valid Firearm Owner's Identification Card;
(12) Color guards of bona fide veterans
organizations or members of bona fide American Legion bands while using firearms for ceremonial purposes with blank ammunition;
(13) Nonresident hunters whose state of residence
does not require them to be licensed or registered to possess a firearm and only during hunting season, with valid hunting licenses, while accompanied by, and using a firearm owned by, a person who possesses a valid Firearm Owner's Identification Card and while in an area within a commercial club licensed under the Wildlife Code where hunting is permitted and controlled, but in no instance upon sites owned or managed by the Department of Natural Resources;
(14) Resident hunters who are properly authorized to
hunt and, while accompanied by a person who possesses a valid Firearm Owner's Identification Card, hunt in an area within a commercial club licensed under the Wildlife Code where hunting is permitted and controlled;
(15) A person who is otherwise eligible to obtain a
Firearm Owner's Identification Card under this Act and is under the direct supervision of a holder of a Firearm Owner's Identification Card who is 21 years of age or older while the person is on a firing or shooting range or is a participant in a firearms safety and training course recognized by a law enforcement agency or a national, statewide shooting sports organization; and
firearms are sanctioned by the International Olympic Committee, the International Paralympic Committee, the International Shooting Sport Federation, or USA Shooting in connection with such athletes' training for and participation in shooting competitions at the 2016 Olympic and Paralympic Games and sanctioned test events leading up to the 2016 Olympic and Paralympic Games.
(c) The provisions of this Section regarding the acquisition and possession of firearms, firearm ammunition, stun guns, and tasers do not apply to law enforcement officials of this or any other jurisdiction, while engaged in the operation of their official duties. (Source: P.A. 96‑7, eff. 4‑3‑09.)
(430 ILCS 65/3)(from Ch. 38, par. 83‑3) Sec. 3. (a) Except as provided in Section 3a, no person may knowingly transfer, or cause to be transferred, any firearm, firearm ammunition, stun gun, or taser to any person within this State unless the transferee with whom he deals displays a currently valid Firearm Owner's Identification Card which has previously been issued in his name by the Department of State Police under the provisions of this Act. In addition, all firearm, stun gun, and taser transfers by federally licensed firearm dealers are subject to Section 3.1. (a‑5) Any person who is not a federally licensed firearm dealer and who desires to transfer or sell a firearm while that person is on the grounds of a gun show must, before selling or transferring the firearm, request the Department of State Police to conduct a background check on the prospective recipient of the firearm in accordance with Section 3.1. (b) Any person within this State who transfers or causes to be transferred any firearm, stun gun, or taser shall keep a record of such transfer for a period of 10 years from the date of transfer. Such record shall contain the date of the transfer; the description, serial number or other information identifying the firearm, stun gun, or taser if no serial number is available; and, if the transfer was completed within this State, the transferee's Firearm Owner's Identification Card number. On or after January 1, 2006, the record shall contain the date of application for transfer of the firearm. On demand of a peace officer such transferor shall produce for inspection such record of transfer. If the transfer or sale took place at a gun show, the record shall include the unique identification number. Failure to record the unique identification number is a petty offense. (b‑5) Any resident may purchase ammunition from a person outside of Illinois. Any resident purchasing ammunition outside the State of Illinois must provide the seller with a copy of his or her valid Firearm Owner's Identification Card and either his or her Illinois driver's license or Illinois State Identification Card prior to the shipment of the ammunition. The ammunition may be shipped only to an address on either of those 2 documents. (c) The provisions of this Section regarding the transfer of firearm ammunition shall not apply to those persons specified in paragraph (b) of Section 2 of this Act. (Source: P.A. 94‑6, eff. 1‑1‑06; 94‑284, eff. 7‑21‑05; 94‑353, eff. 7‑29‑05; 94‑571, eff. 8‑12‑05; 95‑331, eff. 8‑21‑07.)
(430 ILCS 65/3a)(from Ch. 38, par. 83‑3a) Sec. 3a. (a) Any resident of Illinois who has obtained a firearm owner's identification card pursuant to this Act and who is not otherwise prohibited from obtaining, possessing or using a firearm may purchase or obtain a rifle or shotgun or ammunition for a rifle or shotgun in Iowa, Missouri, Indiana, Wisconsin or Kentucky. (b) Any resident of Iowa, Missouri, Indiana, Wisconsin or Kentucky or a non‑resident with a valid non‑resident hunting license, who is 18 years of age or older and who is not prohibited by the laws of Illinois, the state of his domicile, or the United States from obtaining, possessing or using a firearm, may purchase or obtain a rifle, shotgun or ammunition for a rifle or shotgun in Illinois. (b‑5) Any non‑resident who is participating in a sanctioned competitive shooting event, who is 18 years of age or older and who is not prohibited by the laws of Illinois, the state of his or her domicile, or the United States from obtaining, possessing, or using a firearm, may purchase or obtain a shotgun or shotgun ammunition in Illinois for the purpose of participating in that event. A person may purchase or obtain a shotgun or shotgun ammunition under this subsection only at the site where the sanctioned competitive shooting event is being held. (c) Any transaction under this Section is subject to the provisions of the Gun Control Act of 1968 (18 U.S.C. 922 (b)(3)). (Source: P.A. 94‑353, eff. 7‑29‑05.)
(430 ILCS 65/3.1)(from Ch. 38, par. 83‑3.1) Sec. 3.1. Dial up system. (a) The Department of State Police shall provide a dial up telephone system or utilize other existing technology which shall be used by any federally licensed firearm dealer, gun show promoter, or gun show vendor who is to transfer a firearm, stun gun, or taser under the provisions of this Act. The Department of State Police may utilize existing technology which allows the caller to be charged a fee not to exceed $2. Fees collected by the Department of State Police shall be deposited in the State Police Services Fund and used to provide the service. (b) Upon receiving a request from a federally licensed firearm dealer, gun show promoter, or gun show vendor, the Department of State Police shall immediately approve, or within the time period established by Section 24‑3 of the Criminal Code of 1961 regarding the delivery of firearms, stun guns, and tasers notify the inquiring dealer, gun show promoter, or gun show vendor of any objection that would disqualify the transferee from acquiring or possessing a firearm, stun gun, or taser. In conducting the inquiry, the Department of State Police shall initiate and complete an automated search of its criminal history record information files and those of the Federal Bureau of Investigation, including the National Instant Criminal Background Check System, and of the files of the Department of Human Services relating to mental health and developmental disabilities to obtain any felony conviction or patient hospitalization information which would disqualify a person from obtaining or require revocation of a currently valid Firearm Owner's Identification Card. (c) If receipt of a firearm would not violate Section 24‑3 of the Criminal Code of 1961, federal law, or this Act the Department of State Police shall: (1) assign a unique identification number to the
transfer; and
(2) provide the licensee, gun show promoter, or gun
show vendor with the number.
(d) Approvals issued by the Department of State Police
for the purchase of a firearm are valid for 30 days from the date of issue.
(e) (1) The Department of State Police must act as the Illinois Point of Contact for the National Instant Criminal Background Check System. (2) The Department of State Police and the Department of Human Services shall, in accordance with State and federal law regarding confidentiality, enter into a memorandum of understanding with the Federal Bureau of Investigation for the purpose of implementing the National Instant Criminal Background Check System in the State. The Department of State Police shall report the name, date of birth, and physical description of any person prohibited from possessing a firearm pursuant to the Firearm Owners Identification Card Act or 18 U.S.C. 922(g) and (n) to the National Instant Criminal Background Check System Index, Denied Persons Files. (f) The Department of State Police shall promulgate rules not inconsistent with this Section to implement this system. (Source: P.A. 94‑6, eff. 1‑1‑06; 94‑353, eff. 7‑29‑05; 95‑331, eff. 8‑21‑07; 95‑564, eff. 6‑1‑08.)
(430 ILCS 65/3.2) Sec. 3.2. List of prohibited projectiles; notice to dealers. Prior to January 1, 2002, the Department of State Police shall list on the Department's World Wide Web site all firearm projectiles that are prohibited under Sections 24‑2.1, 24‑2.2, and 24‑3.2 of the Criminal Code of 1961, together with a statement setting forth the sentence that may be imposed for violating those Sections. The Department of State Police shall, prior to January 1, 2002, send a list of all firearm projectiles that are prohibited under Sections 24‑2.1, 24‑2.2, and 24‑3.2 of the Criminal Code of 1961 to each federally licensed firearm dealer in Illinois registered with the Department. (Source: P.A. 92‑423, eff. 1‑1‑02.)
(430 ILCS 65/3.3) Sec. 3.3. Report to the local law enforcement agency. The Department of State Police must report the name and address of a person to the local law enforcement agency where the person resides if the person attempting to purchase a firearm is disqualified from purchasing a firearm because of information obtained under Section 3.1 that would disqualify the person from obtaining a Firearm Owner's Identification Card under any of subsections (c) through (n) of Section 8 of this Act. (Source: P.A. 94‑125, eff. 1‑1‑06.)
(430 ILCS 65/4)(from Ch. 38, par. 83‑4) Sec. 4. (a) Each applicant for a Firearm Owner's Identification Card must: (1) Make application on blank forms prepared and
furnished at convenient locations throughout the State by the Department of State Police, or by electronic means, if and when made available by the Department of State Police; and
(2) Submit evidence to the Department of State
Police that:
(i) He or she is 21 years of age or over, or if
he or she is under 21 years of age that he or she has the written consent of his or her parent or legal guardian to possess and acquire firearms and firearm ammunition and that he or she has never been convicted of a misdemeanor other than a traffic offense or adjudged delinquent, provided, however, that such parent or legal guardian is not an individual prohibited from having a Firearm Owner's Identification Card and files an affidavit with the Department as prescribed by the Department stating that he or she is not an individual prohibited from having a Card;
(ii) He or she has not been convicted of a
felony under the laws of this or any other jurisdiction;
(iii) He or she is not addicted to narcotics; (iv) He or she has not been a patient in a
mental institution within the past 5 years and he or she has not been adjudicated as a mental defective;
(v) He or she is not mentally retarded; (vi) He or she is not an alien who is unlawfully
present in the United States under the laws of the United States;
(vii) He or she is not subject to an existing
order of protection prohibiting him or her from possessing a firearm;
(viii) He or she has not been convicted within
the past 5 years of battery, assault, aggravated assault, violation of an order of protection, or a substantially similar offense in another jurisdiction, in which a firearm was used or possessed;
(ix) He or she has not been convicted of
domestic battery or a substantially similar offense in another jurisdiction committed on or after the effective date of this amendatory Act of 1997;
(x) He or she has not been convicted within the
past 5 years of domestic battery or a substantially similar offense in another jurisdiction committed before the effective date of this amendatory Act of 1997;
(xi) He or she is not an alien who has been
admitted to the United States under a non‑immigrant visa (as that term is defined in Section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(26))), or that he or she is an alien who has been lawfully admitted to the United States under a non‑immigrant visa if that alien is:
(1) admitted to the United States for lawful
hunting or sporting purposes;
(2) an official representative of a foreign
government who is:
(A) accredited to the United States
Government or the Government's mission to an international organization having its headquarters in the United States; or
(B) en route to or from another country
to which that alien is accredited;
(3) an official of a foreign government or
distinguished foreign visitor who has been so designated by the Department of State;
