(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 2012, from
acquiring or possessing firearms and firearm ammunition and who are prohibited by this Act from acquiring stun guns and tasers.
(Source: P.A. 97-1150, eff. 1-25-13.)
(430 ILCS 65/1.1) (from Ch. 38, par. 83-1.1)
(Text of Section from P.A. 102-813)
Sec. 1.1. For purposes of this Act:
"Addicted to narcotics" means a person who has been:
"Addicted to narcotics" does not include possession or use of a prescribed controlled substance under the direction and authority of a physician or other person authorized to prescribe the controlled substance when the controlled substance is used in the prescribed manner.
"Adjudicated as a person with a mental disability" means the person is the subject of a determination by a court, board, commission or other lawful authority that the person, as a result of marked subnormal intelligence, or mental illness, mental impairment, incompetency, condition, or disease:
"Clear and present danger" means a person who:
"Clinical psychologist" has the meaning provided in Section 1-103 of the Mental Health and Developmental Disabilities Code.
"Controlled substance" means a controlled substance or controlled substance analog as defined in the Illinois Controlled Substances Act.
"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:
"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:
"Gun show" means an event or function:
"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.
Nothing in this definition shall be construed to exclude a gun show held in conjunction with competitive shooting events at the World Shooting Complex sanctioned by a national governing body in which the sale or transfer of firearms is authorized under subparagraph (5) of paragraph (g) of subsection (A) of Section 24-3 of the Criminal Code of 2012.
Unless otherwise expressly stated, "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.
"Involuntarily admitted" has the meaning as prescribed in Sections 1-119 and 1-119.1 of the Mental Health and Developmental Disabilities Code.
"Mental health facility" means any licensed private hospital or hospital affiliate, institution, or facility, or part thereof, and any facility, or part thereof, operated by the State or a political subdivision thereof which provides treatment of persons with mental illness and includes all hospitals, institutions, clinics, evaluation facilities, mental health centers, colleges, universities, long-term care facilities, and nursing homes, or parts thereof, which provide treatment of persons with mental illness whether or not the primary purpose is to provide treatment of persons with mental illness.
"National governing body" means a group of persons who adopt rules and formulate policy on behalf of a national firearm sporting organization.
"Patient" means:
"Person with a developmental disability" means a person with a disability which is attributable to any other condition which results in impairment similar to that caused by an intellectual disability and which requires services similar to those required by persons with intellectual disabilities. The disability must originate before the age of 18
years, be expected to continue indefinitely, and constitute a substantial disability. This disability results, in the professional opinion of a physician, clinical psychologist, or qualified examiner, in significant functional limitations in 3 or more of the following areas of major life activity:
"Person with an intellectual disability" means a person with a significantly subaverage general intellectual functioning which exists concurrently with impairment in adaptive behavior and which originates before the age of 18 years.
"Physician" has the meaning as defined in Section 1-120 of the Mental Health and Developmental Disabilities Code.
"Protective order" means any orders of protection issued under the Illinois Domestic Violence Act of 1986, stalking no contact orders issued under the Stalking No Contact Order Act, civil no contact orders issued under the Civil No Contact Order Act, and firearms restraining orders issued under the Firearms Restraining Order Act.
"Qualified examiner" has the meaning provided in Section 1-122 of the Mental Health and Developmental Disabilities Code.
"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.
"School administrator" means the person required to report under the School Administrator Reporting of Mental Health Clear and Present Danger Determinations Law.
"Stun gun or taser" has the meaning ascribed to it in Section 24-1 of the Criminal Code of 2012.
(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
(Text of Section from P.A. 102-890)
Sec. 1.1. For purposes of this Act:
"Addicted to narcotics" means a person who has been:
"Addicted to narcotics" does not include possession or use of a prescribed controlled substance under the direction and authority of a physician or other person authorized to prescribe the controlled substance when the controlled substance is used in the prescribed manner.
"Adjudicated as a person with a mental disability" means the person is the subject of a determination by a court, board, commission or other lawful authority that the person, as a result of marked subnormal intelligence, or mental illness, mental impairment, incompetency, condition, or disease:
"Clear and present danger" means a person who:
"Clinical psychologist" has the meaning provided in Section 1-103 of the Mental Health and Developmental Disabilities Code.
"Controlled substance" means a controlled substance or controlled substance analog as defined in the Illinois Controlled Substances Act.
"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:
"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:
"Gun show" means an event or function:
"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.
Nothing in this definition shall be construed to exclude a gun show held in conjunction with competitive shooting events at the World Shooting Complex sanctioned by a national governing body in which the sale or transfer of firearms is authorized under subparagraph (5) of paragraph (g) of subsection (A) of Section 24-3 of the Criminal Code of 2012.
Unless otherwise expressly stated, "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.
"Involuntarily admitted" has the meaning as prescribed in Sections 1-119 and 1-119.1 of the Mental Health and Developmental Disabilities Code.
"Mental health facility" means any licensed private hospital or hospital affiliate, institution, or facility, or part thereof, and any facility, or part thereof, operated by the State or a political subdivision thereof which provides treatment of persons with mental illness and includes all hospitals, institutions, clinics, evaluation facilities, mental health centers, colleges, universities, long-term care facilities, and nursing homes, or parts thereof, which provide treatment of persons with mental illness whether or not the primary purpose is to provide treatment of persons with mental illness.
"National governing body" means a group of persons who adopt rules and formulate policy on behalf of a national firearm sporting organization.
"Patient" means:
"Person with a developmental disability" means a person with a disability which is attributable to any other condition which results in impairment similar to that caused by an intellectual disability and which requires services similar to those required by persons with intellectual disabilities. The disability must originate before the age of 18
years, be expected to continue indefinitely, and constitute a substantial disability. This disability results, in the professional opinion of a physician, clinical psychologist, or qualified examiner, in significant functional limitations in 3 or more of the following areas of major life activity:
"Person with an intellectual disability" means a person with a significantly subaverage general intellectual functioning which exists concurrently with impairment in adaptive behavior and which originates before the age of 18 years.
"Physician" has the meaning as defined in Section 1-120 of the Mental Health and Developmental Disabilities Code.
"Protective order" means any orders of protection issued under the Illinois Domestic Violence Act of 1986, stalking no contact orders issued under the Stalking No Contact Order Act, civil no contact orders issued under the Civil No Contact Order Act, and firearms restraining orders issued under the Firearms Restraining Order Act or a substantially similar order issued by the court of another state, tribe, or United States territory or military tribunal.
"Qualified examiner" has the meaning provided in Section 1-122 of the Mental Health and Developmental Disabilities Code.
"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.
"School administrator" means the person required to report under the School Administrator Reporting of Mental Health Clear and Present Danger Determinations Law.
"Stun gun or taser" has the meaning ascribed to it in Section 24-1 of the Criminal Code of 2012.
(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; 102-890, eff. 5-19-22.)
(Text of Section from P.A. 102-972)
Sec. 1.1. For purposes of this Act:
"Addicted to narcotics" means a person who has been:
"Addicted to narcotics" does not include possession or use of a prescribed controlled substance under the direction and authority of a physician or other person authorized to prescribe the controlled substance when the controlled substance is used in the prescribed manner.
"Adjudicated as a person with a mental disability" means the person is the subject of a determination by a court, board, commission or other lawful authority that the person, as a result of marked subnormal intelligence, or mental illness, mental impairment, incompetency, condition, or disease:
"Clear and present danger" means a person who:
"Clinical psychologist" has the meaning provided in Section 1-103 of the Mental Health and Developmental Disabilities Code.
"Controlled substance" means a controlled substance or controlled substance analog as defined in the Illinois Controlled Substances Act.
"Counterfeit" means to copy or imitate, without legal authority, with
intent
to deceive.
"Developmental disability" means a severe, chronic disability of an individual that:
"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:
"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:
"Gun show" means an event or function:
"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.
Nothing in this definition shall be construed to exclude a gun show held in conjunction with competitive shooting events at the World Shooting Complex sanctioned by a national governing body in which the sale or transfer of firearms is authorized under subparagraph (5) of paragraph (g) of subsection (A) of Section 24-3 of the Criminal Code of 2012.
Unless otherwise expressly stated, "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.
"Intellectual disability" means significantly subaverage general intellectual functioning, existing concurrently with deficits in adaptive behavior and manifested during the developmental period, which is defined as before the age of 22, that adversely affects a child's educational performance.
"Involuntarily admitted" has the meaning as prescribed in Sections 1-119 and 1-119.1 of the Mental Health and Developmental Disabilities Code.
"Mental health facility" means any licensed private hospital or hospital affiliate, institution, or facility, or part thereof, and any facility, or part thereof, operated by the State or a political subdivision thereof which provides treatment of persons with mental illness and includes all hospitals, institutions, clinics, evaluation facilities, mental health centers, colleges, universities, long-term care facilities, and nursing homes, or parts thereof, which provide treatment of persons with mental illness whether or not the primary purpose is to provide treatment of persons with mental illness.
"National governing body" means a group of persons who adopt rules and formulate policy on behalf of a national firearm sporting organization.
"Patient" means:
"Physician" has the meaning as defined in Section 1-120 of the Mental Health and Developmental Disabilities Code.
"Protective order" means any orders of protection issued under the Illinois Domestic Violence Act of 1986, stalking no contact orders issued under the Stalking No Contact Order Act, civil no contact orders issued under the Civil No Contact Order Act, and firearms restraining orders issued under the Firearms Restraining Order Act.
"Qualified examiner" has the meaning provided in Section 1-122 of the Mental Health and Developmental Disabilities Code.
"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.
"School administrator" means the person required to report under the School Administrator Reporting of Mental Health Clear and Present Danger Determinations Law.
"Stun gun or taser" has the meaning ascribed to it in Section 24-1 of the Criminal Code of 2012.
(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; 102-972, eff. 1-1-23.)
(Text of Section from P.A. 102-1030)
Sec. 1.1. For purposes of this Act:
"Addicted to narcotics" means a person who has been:
"Addicted to narcotics" does not include possession or use of a prescribed controlled substance under the direction and authority of a physician or other person authorized to prescribe the controlled substance when the controlled substance is used in the prescribed manner.
"Adjudicated as a person with a mental disability" means the person is the subject of a determination by a court, board, commission or other lawful authority that the person, as a result of marked subnormal intelligence, or mental illness, mental impairment, incompetency, condition, or disease:
"Clear and present danger" means a person who:
"Clinical psychologist" has the meaning provided in Section 1-103 of the Mental Health and Developmental Disabilities Code.
"Controlled substance" means a controlled substance or controlled substance analog as defined in the Illinois Controlled Substances Act.
"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:
"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:
"Gun show" means an event or function:
"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.
Nothing in this definition shall be construed to exclude a gun show held in conjunction with competitive shooting events at the World Shooting Complex sanctioned by a national governing body in which the sale or transfer of firearms is authorized under subparagraph (5) of paragraph (g) of subsection (A) of Section 24-3 of the Criminal Code of 2012.
Unless otherwise expressly stated, "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.
"Involuntarily admitted" has the meaning as prescribed in Sections 1-119 and 1-119.1 of the Mental Health and Developmental Disabilities Code.
"Mental health facility" means any licensed private hospital or hospital affiliate, institution, or facility, or part thereof, and any facility, or part thereof, operated by the State or a political subdivision thereof which provides treatment of persons with mental illness and includes all hospitals, institutions, clinics, evaluation facilities, mental health centers, colleges, universities, long-term care facilities, and nursing homes, or parts thereof, which provide treatment of persons with mental illness whether or not the primary purpose is to provide treatment of persons with mental illness.
"National governing body" means a group of persons who adopt rules and formulate policy on behalf of a national firearm sporting organization.
"Noncitizen" means a person who is not a citizen of the United States, but is a person who is a foreign-born person who lives in the United States, has not been naturalized, and is still a citizen of a foreign country.
"Patient" means:
"Person with a developmental disability" means a person with a disability which is attributable to any other condition which results in impairment similar to that caused by an intellectual disability and which requires services similar to those required by persons with intellectual disabilities. The disability must originate before the age of 18
years, be expected to continue indefinitely, and constitute a substantial disability. This disability results, in the professional opinion of a physician, clinical psychologist, or qualified examiner, in significant functional limitations in 3 or more of the following areas of major life activity:
"Person with an intellectual disability" means a person with a significantly subaverage general intellectual functioning which exists concurrently with impairment in adaptive behavior and which originates before the age of 18 years.
"Physician" has the meaning as defined in Section 1-120 of the Mental Health and Developmental Disabilities Code.
"Protective order" means any orders of protection issued under the Illinois Domestic Violence Act of 1986, stalking no contact orders issued under the Stalking No Contact Order Act, civil no contact orders issued under the Civil No Contact Order Act, and firearms restraining orders issued under the Firearms Restraining Order Act.
"Qualified examiner" has the meaning provided in Section 1-122 of the Mental Health and Developmental Disabilities Code.
"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.
"School administrator" means the person required to report under the School Administrator Reporting of Mental Health Clear and Present Danger Determinations Law.
"Stun gun or taser" has the meaning ascribed to it in Section 24-1 of the Criminal Code of 2012.
(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; 102-1030, eff. 5-27-22.)
(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 Illinois 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 Illinois 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:
(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.
(c-5) The provisions of paragraphs (1) and (2) of subsection (a) of this Section regarding the possession of firearms
and firearm ammunition do not apply to the holder of a valid concealed carry
license issued under the Firearm Concealed Carry Act who is in physical
possession of the concealed carry license.
(d) Any person who becomes a resident of this State, who is not otherwise prohibited from obtaining, possessing, or using a firearm or firearm ammunition, shall not be required to have a Firearm Owner's Identification Card to possess firearms or firearms ammunition until 60 calendar days after he or she obtains an Illinois driver's license or Illinois Identification Card.
(Source: P.A. 102-538, eff. 8-20-21; 102-1116, eff. 1-10-23.)
(430 ILCS 65/3) (from Ch. 38, par. 83-3)
(Text of Section before amendment by P.A. 102-237)
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 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 this 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. 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 Illinois State Police to conduct a background check on the prospective recipient of the firearm in accordance with Section 3.1.
(a-10) Notwithstanding item (2) of subsection (a) of this Section, any person who is not a federally licensed firearm dealer and who desires to transfer or sell a firearm or firearms to any person who is not a federally licensed firearm dealer shall, before selling or transferring the firearms, contact a federal firearm license dealer under paragraph (1) of subsection (a-15) of this Section to conduct the transfer or the Illinois State Police with the transferee's or purchaser's Firearm Owner's Identification Card number to determine the validity of the transferee's or purchaser's Firearm Owner's Identification Card under State and federal law including the National Instant Criminal Background Check System. This subsection shall not be effective until July 1, 2023. Until that date the transferor shall contact the Illinois State Police with the transferee's or purchaser's Firearm Owner's Identification Card number to determine the validity of the card. The Illinois State Police may adopt rules concerning the implementation of this subsection. The Illinois State Police shall provide the seller or transferor an approval number if the purchaser's Firearm Owner's Identification Card is valid. Approvals issued by the Illinois State Police for the purchase of a firearm pursuant to this subsection are valid for 30 days from the date of issue.
(a-15) The provisions of subsection (a-10) of this Section do not apply to:
(a-20) The Illinois State Police shall develop an Internet-based system for individuals to determine the validity of a Firearm Owner's Identification Card prior to the sale or transfer of a firearm. The Illinois State Police shall have the Internet-based system updated and available for use by January 1, 2024. The Illinois State Police shall adopt rules not inconsistent with this Section to implement this system, but no rule shall allow the Illinois State Police to retain records in contravention of State and federal law.
(a-25) On or before January 1, 2022, the Illinois State Police shall develop an Internet-based system upon which the serial numbers of firearms that have been reported stolen are available for public access for individuals to ensure any firearms are not reported stolen prior to the sale or transfer of a firearm under this Section. The Illinois State Police shall have the Internet-based system completed and available for use by July 1, 2022. The Illinois State Police shall adopt rules not inconsistent with this Section to implement this system.
(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. Any person within this State who receives any firearm, stun gun, or taser pursuant to subsection (a-10) shall provide a record of the transfer within 10 days of the transfer to a federally licensed firearm dealer and shall not be required to maintain a transfer record. The federally licensed firearm dealer shall maintain the transfer record for 20 years from the date of receipt. A federally licensed firearm dealer may charge a fee not to exceed $25 to retain the record. The record shall be provided and maintained in either an electronic or paper format. The federally licensed firearm dealer shall not be liable for the accuracy of any information in the transfer record submitted pursuant to this Section. Such records 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 and any approval number or documentation provided by the Illinois State Police pursuant to subsection (a-10) of this Section; if the transfer was not completed within this State, the record shall contain the name and address of the transferee. 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. For any transfer pursuant to subsection (a-10) of this Section, on the demand of a peace officer, such transferee shall identify the federally licensed firearm dealer maintaining the transfer record. 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 or approval number is a petty offense.
For transfers of a firearm, stun gun, or taser made on or after January 18, 2019 (the effective date of Public Act 100-1178), failure by the private seller to maintain the transfer records in accordance with this Section, or failure by a transferee pursuant to subsection a-10 of this Section to identify the federally licensed firearm dealer maintaining the transfer record, is a Class A misdemeanor for the first offense and a Class 4 felony for a second or subsequent offense occurring within 10 years of the first offense and the second offense was committed after conviction of the first offense. Whenever any person who has not previously been convicted of any violation of subsection (a-5), the court may grant supervision pursuant to and consistent with the limitations of Section 5-6-1 of the Unified Code of Corrections. A transferee or transferor shall not be criminally liable under this Section provided that he or she provides the Illinois State Police with the transfer records in accordance with procedures established by the Illinois State Police. The Illinois State Police shall establish, by rule, a standard form on its website.
(b-5) Any resident may purchase ammunition from a person within or outside of Illinois if shipment is by United States mail or by a private express carrier authorized by federal law to ship ammunition. Any resident purchasing ammunition within or outside the State of Illinois must provide the seller with a copy of his or her valid Firearm Owner's Identification Card or valid concealed carry license 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. 102-538, eff. 8-20-21; 102-813, eff. 5-13-22; 102-1116, eff. 1-10-23.)
(Text of Section after amendment by P.A. 102-237)
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 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 this 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. 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 Illinois State Police to conduct a background check on the prospective recipient of the firearm in accordance with Section 3.1.
(a-10) Notwithstanding item (2) of subsection (a) of this Section, any person who is not a federally licensed firearm dealer and who desires to transfer or sell a firearm or firearms to any person who is not a federally licensed firearm dealer shall, before selling or transferring the firearms, contact a federal firearm license dealer under paragraph (1) of subsection (a-15) of this Section to conduct the transfer or the Illinois State Police with the transferee's or purchaser's Firearm Owner's Identification Card number to determine the validity of the transferee's or purchaser's Firearm Owner's Identification Card under State and federal law, including the National Instant Criminal Background Check System. This subsection shall not be effective until July 1, 2023. Until that date the transferor shall contact the Illinois State Police with the transferee's or purchaser's Firearm Owner's Identification Card number to determine the validity of the card. The Illinois State Police may adopt rules concerning the implementation of this subsection. The Illinois State Police shall provide the seller or transferor an approval number if the purchaser's Firearm Owner's Identification Card is valid. Approvals issued by the Illinois State Police for the purchase of a firearm pursuant to this subsection are valid for 30 days from the date of issue.
(a-15) The provisions of subsection (a-10) of this Section do not apply to:
(a-20) The Illinois State Police shall develop an Internet-based system for individuals to determine the validity of a Firearm Owner's Identification Card prior to the sale or transfer of a firearm. The Illinois State Police shall have the Internet-based system updated and available for use by January 1, 2024. The Illinois State Police shall adopt rules not inconsistent with this Section to implement this system; but no rule shall allow the Illinois State Police to retain records in contravention of State and federal law.
(a-25) On or before January 1, 2022, the Illinois State Police shall develop an Internet-based system upon which the serial numbers of firearms that have been reported stolen are available for public access for individuals to ensure any firearms are not reported stolen prior to the sale or transfer of a firearm under this Section. The Illinois State Police shall have the Internet-based system completed and available for use by July 1, 2022. The Illinois State Police shall adopt rules not inconsistent with this Section to implement this system.
(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. Any person within this State who receives any firearm, stun gun, or taser pursuant to subsection (a-10) shall provide a record of the transfer within 10 days of the transfer to a federally licensed firearm dealer and shall not be required to maintain a transfer record. The federally licensed firearm dealer shall maintain the transfer record for 20 years from the date of receipt. A federally licensed firearm dealer may charge a fee not to exceed $25 to retain the record. The record shall be provided and maintained in either an electronic or paper format. The federally licensed firearm dealer shall not be liable for the accuracy of any information in the transfer record submitted pursuant to this Section. Such records 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 and any approval number or documentation provided by the Illinois State Police pursuant to subsection (a-10) of this Section; if the transfer was not completed within this State, the record shall contain the name and address of the transferee. 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. For any transfer pursuant to subsection (a-10) of this Section, on the demand of a peace officer, such transferee shall identify the federally licensed firearm dealer maintaining the transfer record. 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 or approval number is a petty offense.
For transfers of a firearm, stun gun, or taser made on or after January 18, 2019 (the effective date of Public Act 100-1178), failure by the private seller to maintain the transfer records in accordance with this Section, or failure by a transferee pursuant to subsection a-10 of this Section to identify the federally licensed firearm dealer maintaining the transfer record, is a Class A misdemeanor for the first offense and a Class 4 felony for a second or subsequent offense occurring within 10 years of the first offense and the second offense was committed after conviction of the first offense. Whenever any person who has not previously been convicted of any violation of subsection (a-5), the court may grant supervision pursuant to and consistent with the limitations of Section 5-6-1 of the Unified Code of Corrections. A transferee or transferor shall not be criminally liable under this Section provided that he or she provides the Illinois State Police with the transfer records in accordance with procedures established by the Illinois State Police. The Illinois State Police shall establish, by rule, a standard form on its website.
(b-5) Any resident may purchase ammunition from a person within or outside of Illinois if shipment is by United States mail or by a private express carrier authorized by federal law to ship ammunition. Any resident purchasing ammunition within or outside the State of Illinois must provide the seller with a copy of his or her valid Firearm Owner's Identification Card or valid concealed carry license 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. 102-237, eff. 1-1-24; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22; 102-1116, eff. 1-10-23.)
(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.
(b-10) Any non-resident registered competitor or attendee of a competitive shooting
event held at the World Shooting Complex sanctioned by a national governing
body, 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 rifle, shotgun, or other long gun or ammunition for
a rifle, shotgun, or other long gun at the competitive shooting event. The
sanctioning body shall provide a list of registered competitors and attendees as required
under subparagraph (5) of paragraph (g) of subsection (A) of Section 24-3 of the Criminal Code of 2012. A competitor or attendee of a competitive shooting event who does not wish to
purchase a firearm at the event is not required to register or have his or her name
appear on a list of registered competitors and attendees provided to the Department of State
Police by the sanctioning body.
(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. 99-29, eff. 7-10-15.)
(430 ILCS 65/3.1) (from Ch. 38, par. 83-3.1)
Sec. 3.1. Firearm Transfer Inquiry Program.
(a) The Illinois 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 Illinois State Police may utilize existing technology which
allows the caller to be charged a fee not to exceed $2. Fees collected by the Illinois State Police shall be deposited in the State Police Firearm 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
Illinois State Police shall immediately approve or, within the time
period established by Section 24-3 of the Criminal Code of 2012 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 Illinois 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.
(b-5) By January 1, 2023, the Illinois State Police shall by rule provide a process for the automatic renewal of the Firearm Owner's Identification Card of a person at the time of an inquiry in subsection (b). Persons eligible for this process must have a set of fingerprints on file with their applications under either subsection (a-25) of Section 4 or the Firearm Concealed Carry Act.
(c) If receipt of a firearm would not violate Section 24-3 of the Criminal Code of 2012, federal law, or this Act, the Illinois State Police shall:
(d) Approvals issued by the Illinois State Police for the purchase of a firearm are valid for 30 days from the date of issue.
(e) (1) The Illinois State Police must act as the Illinois Point of Contact
for the National Instant Criminal Background Check System.
(2) The Illinois 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 Illinois 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.
(3) The Illinois State Police shall provide notice of the disqualification of a person under subsection (b) of this Section or the revocation of a person's Firearm Owner's Identification Card under Section 8 or Section 8.2 of this Act, and the reason for the disqualification or revocation, to all law enforcement agencies with jurisdiction to assist with the seizure of the person's Firearm Owner's Identification Card.
(f) The Illinois State Police shall adopt rules not inconsistent with this Section to implement this
system.
(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
(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 2012, 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 2012 to each federally licensed firearm dealer
in Illinois registered with the Department.
(Source: P.A. 97-1150, eff. 1-25-13.)
(430 ILCS 65/3.3)
Sec. 3.3. Report to the local law enforcement agency. The Illinois 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 subsection (a-10) of Section 3 or 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. 102-538, eff. 8-20-21.)
(430 ILCS 65/4) (from Ch. 38, par. 83-4)
Sec. 4. Application for Firearm Owner's Identification Cards.
(a) Each applicant for a Firearm Owner's Identification Card must:
(a-5) Each applicant for a Firearm Owner's Identification Card who is over
the age of 18 shall furnish to the Illinois State Police either his or
her Illinois driver's license number or Illinois Identification Card number, except as
provided in subsection (a-10).
(a-10) Each applicant for a Firearm Owner's Identification Card,
who is employed as a law enforcement officer, an armed security officer in Illinois, or by the United States Military
permanently assigned in Illinois and who is not an Illinois resident, shall furnish to
the Illinois State Police his or her driver's license number or state
identification card number from his or her state of residence. The Illinois State Police may adopt rules to enforce the provisions of this
subsection (a-10).
(a-15) If an applicant applying for a Firearm Owner's Identification Card moves from the residence address named in the application, he or she shall immediately notify in a form and manner prescribed by the Illinois State Police of that change of address.
(a-20) Each applicant for a Firearm Owner's Identification Card shall furnish to the Illinois State Police his or her photograph. An applicant who is 21 years of age or older seeking a religious exemption to the photograph requirement must furnish with the application an approved copy of United States Department of the Treasury Internal Revenue Service Form 4029. In lieu of a photograph, an applicant regardless of age seeking a religious exemption to the photograph requirement shall submit fingerprints on a form and manner prescribed by the Illinois State Police with his or her application.
(a-25) Beginning January 1, 2023, each applicant for the issuance of a Firearm Owner's Identification Card may include a full set of his or her fingerprints in electronic format to the Illinois State Police, unless the applicant has previously provided a full set of his or her fingerprints to the Illinois State Police under this Act or the Firearm Concealed Carry Act.
The fingerprints must be transmitted through a live scan fingerprint vendor licensed by the Department of Financial and Professional Regulation. The fingerprints shall be checked against the fingerprint records now and hereafter filed in the Illinois State Police and Federal Bureau of Investigation criminal history records databases, including all available State and local criminal history record information files.
The Illinois State Police shall charge applicants a one-time fee for conducting the criminal history record check, which shall be deposited into the State Police Services Fund and shall not exceed the actual cost of the State and national criminal history record check.
(a-26) The Illinois State Police shall research, explore, and report to the General Assembly by January 1, 2022 on the feasibility of permitting voluntarily submitted fingerprints obtained for purposes other than Firearm Owner's Identification Card enforcement that are contained in the Illinois State Police database for purposes of this Act.
(b) Each application form shall include the following statement printed in
bold type: "Warning: Entering false information on an application for a Firearm
Owner's Identification Card is punishable as a Class 2 felony in accordance
with subsection (d-5) of Section 14 of the Firearm Owners Identification Card
Act.".
(c) Upon such written consent, pursuant to Section 4, paragraph (a)(2)(i),
the parent or legal guardian giving the consent shall be liable for any
damages resulting from the applicant's use of firearms or firearm ammunition.
(Source: P.A. 101-80, eff. 7-12-19; 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22; 102-1030, eff. 5-27-22; 102-1116, eff. 1-10-23.)
(430 ILCS 65/4.1)
Sec. 4.1. Assault weapon, .50 caliber rifle, assault weapon attachment, or .50 caliber cartridge endorsement.
(a) The endorsement affidavit form completed pursuant to Section 24-1.9 of the Criminal Code of 2012 must be executed electronically through the individual's Firearm Owner's Identification Card account.
(b) The Illinois State Police shall adopt rules in accordance with this Section for the electronic submission of an endorsement affidavit.
(c) Entering false information on the endorsement affidavit form is a violation of this Act and is also punishable as perjury under Section 32-2 of the Criminal Code of 2012.
(Source: P.A. 102-1116, eff. 1-10-23.)
(430 ILCS 65/5) (from Ch. 38, par. 83-5)
Sec. 5. Application and renewal.
(a) The Illinois State Police shall either approve or
deny all applications within 30 days from the date they are received,
except as provided in subsections (b) and (c), and every applicant found qualified under Section 8 of this Act by
the Illinois State Police shall be entitled to a Firearm Owner's Identification
Card upon the payment of a $10 fee and applicable processing fees. The processing fees shall be limited to charges by the State Treasurer for using the electronic online payment system. Any applicant who is an active duty member of the Armed Forces of the United States, a member of the Illinois National Guard, or a member of the Reserve Forces of the United States is exempt from the application fee. $5 of each fee derived from the issuance of a Firearm Owner's Identification Card or renewals thereof shall be deposited in the State Police Firearm Services Fund and $5 into the State Police Revocation Enforcement Fund.
(b) Renewal applications shall be approved or denied within 60 business days, provided the applicant submitted his or her renewal application prior to the expiration of his or her Firearm Owner's Identification Card. If a renewal application has been submitted prior to the expiration date of the applicant's Firearm Owner's Identification Card, the Firearm Owner's Identification Card shall remain valid while the Illinois State Police processes the application, unless the person is subject to or becomes subject to revocation under this Act. The cost for a renewal application shall be $10 and may include applicable processing fees, which shall be limited to charges by the State Treasurer for using the electronic online payment system, which shall be deposited into the State Police Firearm Services Fund.
(c) If the Firearm Owner's Identification Card of a licensee under the Firearm Concealed Carry Act expires during the term of the licensee's concealed carry license, the Firearm Owner's Identification Card and the license remain valid and the licensee does not have to renew his or her Firearm Owner's Identification Card during the duration of the concealed carry license. Unless the Illinois State Police has reason to believe the licensee is no longer eligible for the card, the Illinois State Police may automatically renew the licensee's Firearm Owner's Identification Card and send a renewed Firearm Owner's Identification Card to the licensee.
(d) The Illinois State Police may adopt rules concerning the use of voluntarily submitted fingerprints, as allowed by State and federal law.
(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
(430 ILCS 65/5.1)
Sec. 5.1. (Repealed).
(Source: P.A. 102-538, eff. 8-20-21. Repealed by P.A. 102-1071, eff. 6-10-22.)
(430 ILCS 65/6) (from Ch. 38, par. 83-6)
Sec. 6. Contents of Firearm Owner's Identification Card.
(a) A Firearm Owner's Identification Card, issued by the Illinois State Police at such places as the Director of the Illinois State Police
shall
specify, shall contain the applicant's name, residence, date of birth, sex,
physical description, recent photograph, except as provided in subsection (c-5), and signature. Each Firearm Owner's
Identification Card must have the Firearm Owner's Identification Card number boldly and conspicuously
displayed on the face of the card. Each Firearm Owner's
Identification Card must have printed on it the following: "CAUTION - This
card does not permit bearer to UNLAWFULLY carry or use firearms."
Before December 1, 2002,
the Department of State Police may use a person's digital photograph and signature from his or
her
Illinois driver's license or Illinois Identification Card, if available. On
and after December 1, 2002,
the Illinois State Police (formerly the Department of State Police) shall use a person's digital photograph and signature from his
or her
Illinois driver's license or Illinois Identification Card, if available. The Illinois State Police
shall decline to use a person's digital photograph or signature if
the digital photograph or signature is the result of or associated with
fraudulent or erroneous data, unless otherwise provided by law.
(b) A person applying for a Firearm Owner's Identification Card shall
consent
to the Illinois State Police using the applicant's digital driver's
license
or Illinois Identification Card photograph, if available, and signature on the
applicant's
Firearm Owner's Identification Card. The Secretary
of State shall allow the Illinois State Police access to the photograph
and signature for the purpose of identifying the applicant and issuing to the
applicant a
Firearm Owner's Identification Card.
(c) The Secretary of State shall conduct a study to determine the cost
and
feasibility of creating a method of adding an identifiable code, background, or
other means on the driver's license or Illinois Identification Card to show
that
an individual is not disqualified from owning or possessing a firearm under
State or federal law. The Secretary shall report the findings of this study August 17, 2002 (12 months after the effective date of Public Act 92-442).
(c-5) If a person qualifies for a photograph exemption, in lieu of a photograph, the Firearm Owner's Identification Card shall contain a copy of the card holder's fingerprints. Each Firearm Owner's Identification Card described in this subsection (c-5) must have printed on it the following: "This card is only valid for firearm purchases through a federally licensed firearms dealer when presented with photographic identification, as prescribed by 18 U.S.C. 922(t)(1)(C)."
(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
(430 ILCS 65/6.1)
Sec. 6.1.
Altered, forged or counterfeit Firearm Owner's Identification
Cards.
(a) Any person who forges or materially alters a Firearm Owner's
Identification Card or
who counterfeits a Firearm Owner's Identification Card commits a Class 2
felony.
(b) Any person who knowingly possesses a forged or materially altered
Firearm
Owner's Identification Card with the intent to use it commits a Class 2 felony.
A person
who possesses a Firearm Owner's Identification Card with knowledge that it is
counterfeit
commits a Class 2 felony.
(Source: P.A. 92-414, eff. 1-1-02.)
(430 ILCS 65/6.2)
Sec. 6.2. Electronic Firearm Owner's Identification Cards. Beginning January 1, 2022, the Illinois State Police may develop a system under which the holder of a Firearm Owner's Identification Card may display an electronic version of his or her Firearm Owner's Identification Card on a mobile telephone or other portable electronic device. An electronic version of a Firearm Owner's Identification Card shall contain security features the Illinois State Police determines to be necessary to ensure that the electronic version is accurate and current and shall satisfy other requirements the Illinois State Police determines to be necessary regarding form and content. The display or possession of an electronic version of a valid Firearm Owner's Identification Card in accordance with the requirements of the Illinois State Police satisfies all requirements for the display or possession of a valid Firearm Owner's Identification Card under the laws of this State. The possession or display of an electronic Firearm Owner's Identification Card on a mobile telephone or other portable electronic device does not constitute consent for a law enforcement officer, court, or other officer of the court to access other contents of the mobile telephone or other portable electronic device. The Illinois State Police may adopt rules to implement this Section.
(Source: P.A. 102-237, eff. 1-1-22.)
(430 ILCS 65/7) (from Ch. 38, par. 83-7)
Sec. 7. Validity of Firearm Owner's Identification Card.
(a) Except as provided in Section 8 of this Act or elsewhere in this Section, a Firearm Owner's
Identification Card issued under the provisions of this Act shall be valid
for the person to whom it is issued for a period of 10 years from the date
of issuance. Unless the person no longer meets the requirements or becomes subject to suspension or revocation under this Act, a card issued under an application made as provided in subsection (a-25) of Section 4 shall remain valid if the person meets the requirements of subsection (b-5) of Section 3.1.
(b) If a renewal application is submitted to the Department before the expiration date of the applicant's current Firearm Owner's Identification Card, the Firearm Owner's Identification Card shall remain valid, unless the person is subject to or becomes subject to revocation under this Act. Unless the person no longer meets the requirements or becomes subject to suspension or revocation under this Act, a card issued under a renewal application made as provided in subsection (a-25) of Section 4 shall remain valid if the person meets the implementation requirements of Section 3.1.
(c) Beginning January 1, 2022, if the Firearm Owner's Identification Card of a licensee under the Firearm Concealed Carry Act expires during the term of the licensee's concealed carry license, the Firearm Owner's Identification Card and the license remain valid during the validity of the concealed carry license and the licensee does not have to renew his or her Firearm Owner's Identification Card, if the Firearm Owner's Identification Card has not been otherwise renewed as provided in this Act. Unless the Illinois State Police has reason to believe the licensee is no longer eligible for the card, the Illinois State Police may automatically renew the licensee's Firearm Owner's Identification Card.
(Source: P.A. 102-237, eff. 1-1-22.)
(430 ILCS 65/7.5)
Sec. 7.5. Email and text message notifications. A person subject to this Act may notify the Illinois State Police upon application or at any time thereafter that he or she would like to receive correspondence from the Illinois State Police via email or text message and may opt out of first-class mail. Such correspondence may include notification of the status of a person's application, suspension, revocation, appeal, and other notifications concerning his or her Firearm Owner's Identification Card. A person may request email or text message, or both. Any person selecting email or text message alerts must have either or both the person's email or cellular phone number on file with the Illinois State Police.
(Source: P.A. 102-237, eff. 1-1-22.)
(430 ILCS 65/8) (from Ch. 38, par. 83-8)
Sec. 8. Grounds for denial and revocation. The Illinois State Police has authority to deny an
application for or to revoke and seize a Firearm Owner's Identification
Card previously issued under this Act only if the Illinois State Police finds that the
applicant or the person to whom such card was issued is or was at the time
of issuance:
Upon revocation of a person's Firearm Owner's Identification Card, the Illinois State Police shall provide notice to the person and the person shall comply with Section 9.5 of this Act.
(Source: P.A. 101-80, eff. 7-12-19; 102-538, eff. 8-20-21; 102-645, eff. 1-1-22; 102-813, eff. 5-13-22; 102-1030, eff. 5-27-22; 102-1116, eff. 1-10-23.)
(430 ILCS 65/8.1) (from Ch. 38, par. 83-8.1)
Sec. 8.1. Notifications to the Illinois State Police.
(a) The Circuit Clerk shall, in the form and manner required by the
Supreme Court, notify the Illinois State Police of all final dispositions
of cases for which the Department has received information reported to it under
Sections 2.1 and 2.2 of the Criminal Identification Act.
(b) Upon adjudication of any individual as a person with a mental disability as defined in Section 1.1 of this Act or a finding that a person has been involuntarily admitted, the court shall direct the circuit court clerk to immediately notify the Illinois State Police, Firearm Owner's Identification (FOID) department, and shall forward a copy of the court order to the Department.
(b-1) Beginning July 1, 2016, and each July 1 and December 30 of every year thereafter, the circuit court clerk shall, in the form and manner prescribed by the Illinois State Police, notify the Illinois State Police, Firearm Owner's Identification (FOID) department if the court has not directed the circuit court clerk to notify the Illinois State Police, Firearm Owner's Identification (FOID) department under subsection (b) of this Section, within the preceding 6 months, because no person has been adjudicated as a person with a mental disability by the court as defined in Section 1.1 of this Act or if no person has been involuntarily admitted. The Supreme Court may adopt any orders or rules necessary to identify the persons who shall be reported to the Illinois State Police under subsection (b), or any other orders or rules necessary to implement the requirements of this Act.
(c) The Department of Human Services shall, in the form and manner prescribed by the Illinois State Police, report all information collected under subsection (b) of Section 12 of the Mental Health and Developmental Disabilities Confidentiality Act for the purpose of determining whether a person who may be or may have been a patient in a mental health facility is disqualified under State or federal law from receiving or retaining a Firearm Owner's Identification Card, or purchasing a weapon.
(d) If a person is determined to pose a clear and present danger to himself, herself, or to others:
The Department of Human Services shall immediately update its records and information relating to mental health and developmental disabilities, and if appropriate, shall notify the Illinois State Police in a form and manner prescribed by the Illinois State Police. The Illinois State Police shall determine whether to revoke the person's Firearm Owner's Identification Card under Section 8 of this Act. Any information disclosed under this subsection shall remain privileged and confidential, and shall not be redisclosed, except as required under subsection (e) of Section 3.1 of this Act, nor used for any other purpose. The method of providing this information shall guarantee that the information is not released beyond what is necessary for the purpose of this Section and shall be provided by rule by the Department of Human Services. The identity of the person reporting under this Section shall not be disclosed to the subject of the report. The physician, clinical psychologist, qualified examiner, law enforcement official, or school administrator making the determination and his or her employer shall not be held criminally, civilly, or professionally liable for making or not making the notification required under this subsection, except for willful or wanton misconduct.
(e) The Illinois State Police shall adopt rules to implement this Section.
(Source: P.A. 102-538, eff. 8-20-21.)
(430 ILCS 65/8.2)
Sec. 8.2. Firearm Owner's Identification Card denial, suspension, or revocation. The Illinois State Police shall deny an application or shall suspend or revoke and seize a Firearm Owner's Identification Card previously issued under this Act if the Department finds that the applicant or person to whom such card was issued is or was at the time of issuance subject to a protective order issued under the laws of this or any other jurisdiction. When the duration of the protective order is expected to be less than one year, the Illinois State Police may suspend the Firearm Owner's Identification Card under Section 8.3 of the Act and shall reinstate it upon conclusion of the suspension if no other grounds for denial or revocation are found under Section 8 of the Act.
(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21.)
(430 ILCS 65/8.3)
Sec. 8.3. Suspension of Firearm Owner's Identification Card. The Illinois State Police may suspend the Firearm Owner's Identification Card of a person whose Firearm Owner's Identification Card is subject to revocation and seizure under this Act for the duration of the disqualification if the disqualification is not a permanent grounds for revocation of a Firearm Owner's Identification Card under this Act. The Illinois State Police may adopt rules necessary to implement this Section.
(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
(430 ILCS 65/8.4)
Sec. 8.4. Cancellation of Firearm Owner's Identification
Card. The Illinois State Police may cancel a Firearm
Owner's Identification Card if a person is not prohibited by
State or federal law from acquiring or possessing a firearm or
firearm ammunition and the sole purpose is for an
administrative reason. This includes, at
the request of the Firearm Owner's Identification Card holder,
a person who surrenders his or her Illinois driver's license or
Illinois identification card to another jurisdiction, or a
person's Firearm Owner's Identification Card is reported as
lost, stolen, or destroyed. The Illinois State Police may adopt rules
necessary to implement this Section.
(Source: P.A. 102-237, eff. 1-1-22.)
(430 ILCS 65/8.5)
Sec. 8.5. Illinois State Police to monitor databases for firearms prohibitors. The Illinois State Police shall continuously monitor relevant State and federal databases, as allowed by State and federal law, for firearms prohibitors and correlate those records with Firearm Owner's Identification Card holders to ensure compliance with this Act and any other State and federal laws. As used in this Section, "firearms prohibitor" means any factor listed in Section 8 or Section 8.2 of this Act or Section 24-3 or 24-3.1 of the Criminal Code of 2012 that prohibits a person from transferring or possessing a firearm, firearm ammunition, Firearm Owner's Identification Card, or concealed carry license.
(Source: P.A. 102-237, eff. 1-1-22.)
(430 ILCS 65/9) (from Ch. 38, par. 83-9)
Sec. 9.
Every person whose application for a Firearm Owner's Identification
Card is denied, and every holder of such a Card whose Card is revoked
or seized, shall receive a written notice from the Department of State
Police stating specifically the grounds upon which
his application has
been denied or upon which his Identification Card has been revoked. The written notice shall include the requirements of Section 9.5 of this Act and the person's right to administrative or judicial review under Section 10 and 11 of this Act. A copy of the written notice shall be provided to the sheriff and law enforcement agency where the person resides.
(Source: P.A. 100-201, eff. 8-18-17.)
(430 ILCS 65/9.5)
Sec. 9.5. Revocation of Firearm Owner's Identification
Card.
(a) A person who receives a revocation notice under Section 9 of this Act shall, within 48 hours of receiving notice of the revocation:
(b) Upon confirming through the portal created under Section 2605-304 of the Illinois State Police Law of the Civil Administrative Code of Illinois that the Firearm Owner's Identification Card has been revoked by the Illinois State Police, surrendered cards shall be destroyed by the law enforcement agency receiving the cards. If a card has not been revoked, the card shall be returned to the cardholder.
(b-5) If a court orders the surrender of a Firearms Owner's Identification Card and accepts receipt of the Card, the court shall destroy the Card and direct the person whose Firearm Owner's Identification Card has been surrendered to comply with paragraph (2) of subsection (a).
(b-10) If the person whose Firearm Owner's Identification Card has been revoked has either lost or destroyed the Card, the person must still comply with paragraph (2) of subsection (a).
(b-15) A notation shall be made in the portal created under Section 2605-304 of the Illinois State Police Law of the Civil Administrative Code of Illinois that the revoked Firearm Owner's Identification Card has been destroyed.
(c) If the person whose Firearm Owner's Identification Card has been revoked fails to comply with the requirements of this Section, the sheriff or law enforcement agency where the person resides may petition the circuit court to issue a warrant to search for and seize the Firearm Owner's Identification Card and firearms in the possession or under the custody or control of the person whose Firearm Owner's Identification Card has been revoked.
(d) A violation of subsection (a) of this Section is a Class A misdemeanor.
(e) The observation of a Firearm Owner's Identification Card in the possession of a person whose Firearm Owner's Identification Card has been revoked constitutes a sufficient basis for the arrest of that person for violation of this Section.
(f) Within 30 days after July 9, 2013 (the effective date of Public Act 98-63), the Illinois State Police shall provide written notice of the requirements of this Section to persons whose Firearm Owner's Identification Cards have been revoked, suspended, or expired and who have failed to surrender their cards to the Illinois State Police.
(g) A person whose Firearm Owner's Identification Card has been revoked and who received notice under subsection (f) shall comply with the requirements of this Section within 48 hours of receiving notice.
(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
(430 ILCS 65/10) (from Ch. 38, par. 83-10)
Sec. 10. Appeals; hearing; relief from firearm prohibitions.
(a) Whenever an application for a Firearm Owner's Identification
Card is denied or whenever such a Card is revoked or seized
as provided for in Section 8 of this Act, the aggrieved party may
(1) file a record challenge with the Director regarding the record upon which the decision to deny or revoke the Firearm Owner's Identification Card was based under subsection (a-5); or (2) appeal
to the Director of the Illinois State Police through December 31, 2022, or beginning January 1, 2023, the Firearm Owner's Identification Card Review Board for a hearing seeking relief from
such denial or revocation unless the denial or revocation
was based upon a forcible felony, stalking, aggravated stalking, domestic
battery, any violation of the Illinois Controlled Substances Act, the Methamphetamine Control and Community Protection Act, or the
Cannabis Control Act that is classified as a Class 2 or greater felony,
any
felony violation of Article 24 of the Criminal Code of 1961 or the Criminal Code of 2012, or any
adjudication as a delinquent minor for the commission of an
offense that if committed by an adult would be a felony, in which case the
aggrieved party may petition the circuit court in writing in the county of
his or her residence for a hearing seeking relief from such denial or revocation.
(a-5) There is created a Firearm Owner's Identification Card Review Board to consider any appeal under subsection (a) beginning January 1, 2023, other than an appeal directed to the circuit court and except when the applicant is challenging the record upon which the decision to deny or revoke was based as provided in subsection (a-10).
(a-10) Whenever an applicant or cardholder is not seeking relief from a firearms prohibition under subsection (c) but rather does not believe the applicant is appropriately denied or revoked and is challenging the record upon which the decision to deny or revoke the Firearm Owner's Identification Card was based, or whenever the Illinois State Police fails to act on an application within 30 days of its receipt, the applicant shall file such challenge with the Director. The Director shall render a decision within 60 business days of receipt of all information supporting the challenge. The Illinois State Police shall adopt rules for the review of a record challenge.
(b) At least 30 days before any hearing in the circuit court, the
petitioner shall serve the
relevant State's Attorney with a copy of the petition. The State's Attorney
may object to the petition and present evidence. At the hearing, the court
shall
determine whether substantial justice has been done. Should the court
determine that substantial justice has not been done, the court shall issue an
order directing the Illinois State Police to issue a Card. However, the court shall not issue the order if the petitioner is otherwise prohibited from obtaining, possessing, or using a firearm under
federal law.
(c) Any person prohibited from possessing a firearm under Sections 24-1.1
or 24-3.1 of the Criminal Code of 2012 or acquiring a Firearm Owner's
Identification Card under Section 8 of this Act may apply to
the Firearm Owner's Identification Card Review Board
or petition the circuit court in the county where the petitioner resides,
whichever is applicable in accordance with subsection (a) of this Section,
requesting relief
from such prohibition and the Board or court may grant such relief if it
is
established by the applicant to the court's or the Board's satisfaction
that:
(c-5) (1) An active law enforcement officer employed by a unit of government or a Department of Corrections employee authorized to possess firearms who is denied, revoked, or has his or her Firearm Owner's Identification Card seized under subsection (e) of Section 8 of this Act may apply to the Firearm Owner's Identification Card Review Board requesting relief if the officer or employee did not act in a manner threatening to the officer or employee, another person, or the public as determined by the treating clinical psychologist or physician, and as a result of his or her work is referred by the employer for or voluntarily seeks mental health evaluation or treatment by a licensed clinical psychologist, psychiatrist, or qualified examiner, and:
(2) The Firearm Owner's Identification Card Review Board shall grant expedited relief to active law enforcement officers and employees described in paragraph (1) of this subsection (c-5) upon a determination by the Board that the officer's or employee's possession of a firearm does not present a threat to themselves, others, or public safety. The Board shall act on the request for relief within 30 business days of receipt of:
(3) Officers and employees eligible for the expedited relief in paragraph (2) of this subsection (c-5) have the burden of proof on eligibility and must provide all information required. The Board may not consider granting expedited relief until the proof and information is received.
(4) "Clinical psychologist", "psychiatrist", and "qualified examiner" shall have the same meaning as provided in Chapter I of the Mental Health and Developmental Disabilities Code.
(c-10) (1) An applicant, who is denied, revoked, or has his or her Firearm Owner's Identification Card seized under subsection (e) of Section 8 of this Act based upon a determination of a developmental disability or an intellectual disability may apply to the Firearm Owner's Identification Card Review Board requesting relief.
(2) The Board shall act on the request for relief within 60 business days of receipt of written certification, in the form prescribed by the Board, from a physician or clinical psychologist, or qualified examiner, that the aggrieved party's developmental disability or intellectual disability condition is determined by a physician, clinical psychologist, or qualified to be mild. If a fact-finding conference is scheduled to obtain additional information concerning the circumstances of the denial or revocation, the 60 business days the Director has to act shall be tolled until the completion of the fact-finding conference.
(3) The Board may grant relief if the aggrieved party's developmental disability or intellectual disability is mild as determined by a physician, clinical psychologist, or qualified examiner and it is established by the applicant to the Board's satisfaction that:
(4) The Board may not grant relief if the condition is determined by a physician, clinical psychologist, or qualified examiner to be moderate, severe, or profound.
(5) The changes made to this Section by Public Act 99-29 apply to requests for
relief pending on or before July 10, 2015 (the effective date of Public Act 99-29), except that the 60-day period for the Director to act on requests pending before the effective date shall begin
on July 10, 2015 (the effective date of Public Act 99-29). All appeals as provided in subsection (a-5) pending on January 1, 2023 shall be considered by the Board.
(d) When a minor is adjudicated delinquent for an offense which if
committed by an adult would be a felony, the court shall notify the Illinois State Police.
(e) The court shall review the denial of an application or the revocation of
a Firearm Owner's Identification Card of a person who has been adjudicated
delinquent for an offense that if
committed by an adult would be a felony if an
application for relief has been filed at least 10 years after the adjudication
of delinquency and the court determines that the applicant should be
granted relief from disability to obtain a Firearm Owner's Identification Card.
If the court grants relief, the court shall notify the Illinois State
Police that the disability has
been removed and that the applicant is eligible to obtain a Firearm Owner's
Identification Card.
(f) Any person who is subject to the disabilities of 18 U.S.C. 922(d)(4) and 922(g)(4) of the federal Gun Control Act of 1968 because of an adjudication or commitment that occurred under the laws of this State or who was determined to be subject to the provisions of subsections (e), (f), or (g) of Section 8 of this Act may apply to the Illinois State Police requesting relief from that prohibition. The Board shall grant the relief if it is established by a preponderance of the evidence that the person will not be likely to act in a manner dangerous to public safety and that granting relief would not be contrary to the public interest. In making this determination, the Board shall receive evidence concerning (i) the circumstances regarding the firearms disabilities from which relief is sought; (ii) the petitioner's mental health and criminal history records, if any; (iii) the petitioner's reputation, developed at a minimum through character witness statements, testimony, or other character evidence; and (iv) changes in the petitioner's condition or circumstances since the disqualifying events relevant to the relief sought. If relief is granted under this subsection or by order of a court under this Section, the Director shall as soon as practicable but in no case later than 15 business days, update, correct, modify, or remove the person's record in any database that the Illinois State Police makes available to the National Instant Criminal Background Check System and notify the United States Attorney General that the basis for the record being made available no longer applies. The Illinois State Police shall adopt rules for the administration of this Section.
(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; 102-645, eff. 1-1-22; 102-813, eff. 5-13-22; 102-1115, eff. 1-9-23.)
(430 ILCS 65/11) (from Ch. 38, par. 83-11)
Sec. 11. Judicial review of final administrative decisions.
(a) All final administrative decisions of the Firearm Owner's Identification Card Review Board under this
Act, except final administrative decisions of the Firearm Owner's Identification Card Review Board to deny a person's application for relief under subsection (f) of Section 10 of this Act, shall be subject to judicial review under the provisions of the Administrative
Review Law, and all amendments and
modifications thereof, and the rules adopted pursuant thereto. The term
"administrative decision" is defined as in Section 3-101 of the Code of
Civil Procedure.
(b) Any final administrative decision by the Firearm Owner's Identification Card Review Board to deny a person's application for relief under subsection (f) of Section 10 of this Act is subject to de novo judicial review by the circuit court, and any party may offer evidence that is otherwise proper and admissible without regard to whether that evidence is part of the administrative record.
(c) The Firearm Owner's Identification Card Review Board shall submit a report to the General
Assembly on March 1 of each year, beginning March 1, 1991, listing all
final decisions by a court of this State upholding, reversing, or
reversing in part any administrative decision made by the Illinois State Police.
(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
(430 ILCS 65/12) (from Ch. 38, par. 83-12)
Sec. 12.
The provisions of this Act shall not apply to the passing or
transfer of any firearm or firearm ammunition upon the death of the owner
thereof to his heir or legatee or to the passing or transfer of any firearm
or firearm ammunition incident to any legal proceeding or action until 60
days after such passing or transfer.
(Source: Laws 1967, p. 2600.)
(430 ILCS 65/13) (from Ch. 38, par. 83-13)
Sec. 13.
Nothing in this Act shall make lawful the acquisition or
possession of firearms or firearm ammunition which is otherwise prohibited
by law.
(Source: Laws 1967, p. 2600.)
(430 ILCS 65/13.1) (from Ch. 38, par. 83-13.1)
Sec. 13.1. Preemption.
(a) Except as otherwise provided in the Firearm Concealed Carry Act and subsections (b) and (c) of this Section, the provisions of any ordinance enacted by any municipality which
requires registration or imposes greater restrictions or limitations on the
acquisition, possession and transfer of firearms than are imposed by this
Act, are not invalidated or affected by this Act.
(b) Notwithstanding subsection (a) of this Section, the regulation, licensing, possession, and registration of handguns and ammunition for a handgun, and the transportation of any firearm and ammunition by a holder of a valid Firearm Owner's Identification Card issued by the Illinois State Police under this Act are exclusive powers and functions of this State. Any ordinance or regulation, or portion of that ordinance or regulation, enacted on or before the effective date of this amendatory Act of the 98th General Assembly that purports to impose regulations or restrictions on a holder of a valid Firearm Owner's Identification Card issued by the Illinois State Police under this Act in a manner that is inconsistent with this Act, on the effective date of this amendatory Act of the 98th General Assembly, shall be invalid in its application to a holder of a valid Firearm Owner's Identification Card issued by the Illinois State Police under this Act.
(c) Notwithstanding subsection (a) of this Section, the regulation of the possession or ownership of assault weapons are exclusive powers and functions of this State. Any ordinance or regulation, or portion of that ordinance or regulation, that purports to regulate the possession or ownership of assault weapons in a manner that is inconsistent with this Act, shall be invalid unless the ordinance or regulation is enacted on, before, or within 10 days after the effective date of this amendatory Act of the 98th General Assembly. Any ordinance or regulation described in this subsection (c) enacted more than 10 days after the effective date of this amendatory Act of the 98th General Assembly is invalid. An ordinance enacted on, before, or within 10 days after the effective date of this amendatory Act of the 98th General Assembly may be amended. The enactment or amendment of ordinances under this subsection (c) are subject to the submission requirements of Section 13.3. For the purposes of this subsection, "assault weapons" means firearms designated by either make or model or by a test or list of cosmetic features that cumulatively would place the firearm into a definition of "assault weapon" under the ordinance.
(d) For the purposes of this Section, "handgun" has the meaning ascribed to it in Section 5 of the Firearm Concealed Carry Act.
(e) This Section is a denial and limitation of home rule powers and functions under subsection (h) of Section 6 of Article VII of the Illinois Constitution.
(Source: P.A. 102-538, eff. 8-20-21.)
(430 ILCS 65/13.2) (from Ch. 38, par. 83-13.2)
Sec. 13.2. Renewal; name, photograph, or address change; replacement card. The Illinois State Police shall, 180 days
prior to the expiration of a Firearm Owner's Identification Card,
forward by first class mail or by other means provided in Section 7.5 to each person whose card is to expire a
notification of the
expiration of the card and instructions for renewal.
It is the obligation of the holder of a Firearm Owner's Identification Card
to notify the Illinois State Police of any address change since the
issuance of
the Firearm Owner's Identification Card. The Illinois State Police may update the applicant and card holder's address based upon records in the Secretary of State Driver's License or Illinois identification card records of applicants who do not have driver's licenses. Any person whose legal name has changed from the name on the card that he or she has been previously issued must apply for a corrected card within 30 calendar days after the change. The cost for an updated or corrected card shall be $5. The cost for replacement of a card which has been lost, destroyed, or stolen shall be $5 if the loss, destruction, or theft of the card is reported to the Illinois State Police. The fees collected under this Section shall be deposited into the State Police Firearm Services Fund.
(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
(430 ILCS 65/13.3)
Sec. 13.3. Municipal ordinance submission. Within 6 months after the
effective date of
this amendatory Act of the 92nd General Assembly, every municipality must
submit
to the Illinois State Police a copy of every ordinance adopted by the
municipality
that regulates the acquisition, possession, sale, or transfer of firearms
within the
municipality
and must submit, 30 days after adoption, every such ordinance
adopted
after its initial submission of ordinances under this Section. The Illinois State Police shall compile these ordinances and
publish
them in a form available to the public free of charge and shall periodically
update this
compilation of ordinances in a manner prescribed by the Director of the Illinois State
Police.
(Source: P.A. 102-538, eff. 8-20-21.)
(430 ILCS 65/13.4)
Sec. 13.4. Illinois State Police; rule making authority. The Illinois State Police shall by rule adopt the following procedures:
(Source: P.A. 102-237, eff. 1-1-22.)
(430 ILCS 65/14) (from Ch. 38, par. 83-14)
Sec. 14. Sentence.
(a) Except as provided in subsection (a-5), a violation of paragraph (1) of subsection (a) of Section 2, when the
person's Firearm Owner's
Identification Card is expired but the person is not otherwise disqualified
from renewing the card, is a Class A misdemeanor.
(a-5) A violation of paragraph (1) of subsection (a) of Section 2, when the
person's Firearm Owner's
Identification Card is expired but the person is not otherwise disqualified
from owning, purchasing, or possessing firearms, is a petty offense if the card was expired for 6 months or less from the date of expiration.
(b) Except as provided in subsection (a) with respect to an expired
card, a violation of paragraph (1) of subsection (a) of Section 2 is a
Class A misdemeanor when the person does not possess a currently valid Firearm
Owner's Identification Card, but is otherwise eligible under this Act. A
second or subsequent violation is a Class 4 felony.
(c) A violation of paragraph (1) of subsection (a) of Section 2 is a Class
3 felony when:
(d) A violation of subsection (a) of Section 3 is a Class 4 felony.
A third or subsequent conviction is a Class 1 felony.
(d-5) Any person who knowingly enters false information on an application
for a Firearm Owner's Identification Card, who knowingly gives a false answer
to any question on the application, or who knowingly submits false evidence in
connection with an application is guilty of a Class 2 felony.
(e) Except as provided by Section 6.1 of this Act, any other
violation of this Act is a Class A misdemeanor.
(Source: P.A. 97-1131, eff. 1-1-13.)
(430 ILCS 65/15) (from Ch. 38, par. 83-15)
Sec. 15.
If any provision of this Act or application thereof to any person
or circumstance is held invalid, such invalidity does not affect other
provisions or applications of this Act which can be given effect without
the invalid application or provision, and to this end the provisions of
this Act are declared to be severable.
(Source: Laws 1967, p. 2600.)
(430 ILCS 65/15a) (from Ch. 38, par. 83-15a)
Sec. 15a.
When this amendatory Act enacted by the Seventy-Sixth General Assembly
takes effect the records of the Department of Public Safety relating to the
administration of the Act amended shall be transferred to the Illinois State Police. All Firearm Owner's Identification
Cards issued by the
Department of Public Safety shall be valid for the period for which they
were issued unless revoked or seized in the manner provided in the Act
amended. The Illinois State Police as the successor to the
Department of Public Safety shall have the rights, powers and duties
provided in, and be subject to the provisions of Sections 5-95, 5-700, and
5-705 of the Departments of State Government Law.
(Source: P.A. 102-538, eff. 8-20-21.)
(430 ILCS 65/15b)
Sec. 15b. Certified abstracts. Any certified abstract issued by the
Director of the Illinois State
Police or transmitted electronically by the Director of the Illinois State Police under this
Section to a
court or on request of a law enforcement agency for the record of a named
person as to
the status of the person's Firearm Owner's Identification Card is prima facie
evidence of
the facts stated in the certified abstract and if the name appearing in the
abstract is the
same as that of a person named in an information or warrant, the abstract is
prima facie
evidence that the person named in the information or warrant is the same person
as the
person named in the abstract and is admissible for any prosecution under this
Act or any
other applicable violation of law and may be admitted as proof of any prior
conviction or proof of records, notices, or orders recorded on individual
Firearm Owner's Identification Card records maintained by the Illinois State Police.
(Source: P.A. 102-538, eff. 8-20-21.)
(430 ILCS 65/16) (from Ch. 38, par. 83-16)
Sec. 16.
When 2% of the number of registered voters in the State
desire to pass upon the question of whether the General Assembly should
repeal this Act regulating the acquisition, possession and transfer of
firearms and firearm ammunition, they shall, at least 78 days before a
regular
election to be held throughout the State, file in the office of the
State Board of Elections, a petition directed
to the Board in
accordance with the general election law.
The petition shall be composed
of county petitions from each of the counties throughout the State and
each county petition shall contain the signatures of at least 2% of the
number of registered voters in the county. The petition shall request
that the question "Should the General Assembly repeal the Act entitled
'An Act relating to the acquisition, possession and transfer of firearms
and firearm ammunition, to provide a penalty for the violation thereof
and to make an appropriation in connection therewith,' approved August
3, 1967, as amended?" be submitted to the voters of the State at the
next ensuing State-wide election at which such question may be acted
upon.
(Source: P.A. 81-1489.)
(430 ILCS 65/16.1) (from Ch. 38, par. 83-16.1)
Sec. 16.1.
A petition for the submission of the proposition shall be in
substantially the following form:
To the State Board of Elections
The undersigned, residents and registered voters of the State of
Illinois, respectfully petition that you cause to be submitted, in the
manner provided by the general election law to the voters of the State of
Illinois, at the next State-wide election, the proposition "Should the
General Assembly repeal an Act entitled 'An Act relating to the
acquisition, possession and transfer of firearms and firearm ammunition,
to provide a penalty for the violation thereof and to make an
appropriation in connection therewith', approved August 3, 1967, as
amended?"
--------------------------------------------------------------
--------------------------------------------------------------
Such petition shall conform to the requirements of the general election
law. The Board shall certify the question to the proper election officials
who shall submit the question at an election in accordance with the general
election law. Upon request of any citizen
for a reproduced copy of the petition and paying or tendering to the
State Board of Elections the costs of making
the copy, the Board
shall immediately make, or cause to be made a reproduced copy of such
petition. The Board shall also deliver to such person his
official certification that such copy is a true copy of the original,
stating the day when such original was filed in its office.
(Source: P.A. 81-1489.)
(430 ILCS 65/16-3) (from Ch. 38, par. 83-16.3)
Sec. 16-3.
The Secretary of State shall cause the question to be plainly
printed upon separate ballots as follows:
--------------------------------------------------------------
Should the General Assembly repeal the Act
entitled "An Act relating to the acquisition, YES
possession and transfer of firearms and
firearm ammunition, to provide a penalty ---------------
for the violation thereof and to make an
appropriation in connection therewith", NO
approved August 3, 1967, as amended?
--------------------------------------------------------------
(Source: P.A. 77-1819.)
Structure Illinois Compiled Statutes
430 ILCS 5/ - Liquefied Petroleum Gas Regulation Act.
430 ILCS 10/ - Liquefied Petroleum Gas Container Act.
430 ILCS 15/ - Gasoline Storage Act.
430 ILCS 20/ - Gasoline Receptacle Labeling Act.
430 ILCS 25/ - Natural Gas Odor Injection Act.
430 ILCS 27/ - Illinois Propane Education and Research Act of 1997.
430 ILCS 30/ - Illinois Hazardous Materials Transportation Act.
430 ILCS 32/ - Nitroglycerin Transportation Act.
430 ILCS 35/ - Uniform Hazardous Substances Act of Illinois.
430 ILCS 40/ - Illinois Poison Prevention Packaging Act.
430 ILCS 45/ - Illinois Chemical Safety Act.
430 ILCS 50/ - Hazardous Materials Emergency Act.
430 ILCS 55/ - Hazardous Material Emergency Response Reimbursement Act.
430 ILCS 60/ - Safety Glazing Materials Act.
430 ILCS 65/ - Firearm Owners Identification Card Act.
430 ILCS 66/ - Firearm Concealed Carry Act.
430 ILCS 67/ - Firearms Restraining Order Act.
430 ILCS 68/ - Firearm Dealer License Certification Act.
430 ILCS 69/ - Reimagine Public Safety Act.
430 ILCS 70/ - Illinois Public Demonstrations Law.
430 ILCS 75/ - Boiler and Pressure Vessel Safety Act.
430 ILCS 85/ - Amusement Ride and Attraction Safety Act.
430 ILCS 95/ - Release of Genetically Engineered Organisms Act.
430 ILCS 100/ - Illinois Emergency Planning and Community Right to Know Act.
430 ILCS 110/ - Eyeglass Frame and Lens Act.
430 ILCS 115/ - Illinois Modular Dwelling and Mobile Structure Safety Act.
430 ILCS 117/ - Manufactured Home Quality Assurance Act.
430 ILCS 120/ - Illinois Manufactured Home Installers Act.
430 ILCS 125/ - Children's Product Safety Act.
430 ILCS 130/ - Emergency Evacuation Plan for People with Disabilities Act.
430 ILCS 132/ - Illinois Premise Alert Program (PAP) Act.
430 ILCS 135/ - Carbon Monoxide Alarm Detector Act.
430 ILCS 140/ - Cadmium-Safe Kids Act.
430 ILCS 145/ - Movable Soccer Goal Safety Act (aka Zach's Law).
430 ILCS 150/ - Abandoned Refrigerator Act.
430 ILCS 155/ - Outdoor Lighting Installation Act.
430 ILCS 160/ - Peephole Installation Act.
430 ILCS 165/ - Excavation Fence Act.