(430 ILCS 65/1.1) (from Ch. 38, par. 83‑1.1)
Sec. 1.1. For purposes of this Act:
"Has been adjudicated as a mental defective" means the person is the subject of a determination by a court, board, commission or other lawful authority that a person, as a result of marked subnormal intelligence, or mental illness, mental impairment, incompetency, condition, or disease:
(1) is a danger to himself, herself, or to others;
(2) lacks the mental capacity to manage his or her
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(3) is not guilty in a criminal case by reason of |
| insanity, mental disease or defect; | |
(4) is incompetent to stand trial in a criminal case;
(5) is not guilty by reason of lack of mental |
| responsibility pursuant to Articles 50a and 72b of the Uniform Code of Military Justice, 10 U.S.C. 850a, 876b. | |
"Counterfeit" means to copy or imitate, without legal authority, with intent to deceive.
"Federally licensed firearm dealer" means a person who is licensed as a federal firearms dealer under Section 923 of the federal Gun Control Act of 1968 (18 U.S.C. 923).
"Firearm" means any device, by whatever name known, which is designed to expel a projectile or projectiles by the action of an explosion, expansion of gas or escape of gas; excluding, however:
(1) any pneumatic gun, spring gun, paint ball gun or |
| B‑B gun which either expels a single globular projectile not exceeding .18 inch in diameter and which has a maximum muzzle velocity of less than 700 feet per second or breakable paint balls containing washable marking colors; | |
(2) any device used exclusively for signalling or |
| safety and required or recommended by the United States Coast Guard or the Interstate Commerce Commission; | |
(3) any device used exclusively for the firing of |
| stud cartridges, explosive rivets or similar industrial ammunition; and | |
(4) an antique firearm (other than a machine‑gun) |
| which, although designed as a weapon, the Department of State Police finds by reason of the date of its manufacture, value, design, and other characteristics is primarily a collector's item and is not likely to be used as a weapon. | |
"Firearm ammunition" means any self‑contained cartridge or shotgun shell, by whatever name known, which is designed to be used or adaptable to use in a firearm; excluding, however:
(1) any ammunition exclusively designed for use with |
| a device used exclusively for signalling or safety and required or recommended by the United States Coast Guard or the Interstate Commerce Commission; and | |
(2) any ammunition designed exclusively for use with |
| a stud or rivet driver or other similar industrial ammunition. | |
"Gun show" means an event or function:
(1) at which the sale and transfer of firearms is the |
| regular and normal course of business and where 50 or more firearms are displayed, offered, or exhibited for sale, transfer, or exchange; or | |
(2) at which not less than 10 gun show vendors |
| display, offer, or exhibit for sale, sell, transfer, or exchange firearms. | |
"Gun show" includes the entire premises provided for an |
| event or function, including parking areas for the event or function, that is sponsored to facilitate the purchase, sale, transfer, or exchange of firearms as described in this Section. | |
"Gun show" does not include training or safety classes, |
| competitive shooting events, such as rifle, shotgun, or handgun matches, trap, skeet, or sporting clays shoots, dinners, banquets, raffles, or any other event where the sale or transfer of firearms is not the primary course of business. | |
"Gun show promoter" means a person who organizes or |
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"Gun show vendor" means a person who exhibits, sells, |
| offers for sale, transfers, or exchanges any firearms at a gun show, regardless of whether the person arranges with a gun show promoter for a fixed location from which to exhibit, sell, offer for sale, transfer, or exchange any firearm. | |
"Sanctioned competitive shooting event" means a shooting |
| contest officially recognized by a national or state shooting sport association, and includes any sight‑in or practice conducted in conjunction with the event. | |
"Stun gun or taser" has the meaning ascribed to it in Section 24‑1 of the Criminal Code of 1961.
(Source: P.A. 94‑6, eff. 1‑1‑06; 94‑353, eff. 7‑29‑05; 95‑331, eff. 8‑21‑07; 95‑581, eff. 6‑1‑08.) |
(430 ILCS 65/2) (from Ch. 38, par. 83‑2)
Sec. 2. Firearm Owner's Identification Card required; exceptions.
(a) (1) No person may acquire or possess any firearm,
| stun gun, or taser within this State without having in his or her possession a Firearm Owner's Identification Card previously issued in his or her name by the Department of State Police under the provisions of this Act. | |
(2) No person may acquire or possess firearm |
| ammunition within this State without having in his or her possession a Firearm Owner's Identification Card previously issued in his or her name by the Department of State Police under the provisions of this Act. | |
(b) The provisions of this Section regarding the possession of firearms, firearm ammunition, stun guns, and tasers do not apply to:
(1) United States Marshals, while engaged in the |
| operation of their official duties; | |
(2) Members of the Armed Forces of the United States |
| or the National Guard, while engaged in the operation of their official duties; | |
(3) Federal officials required to carry firearms, |
| while engaged in the operation of their official duties; | |
(4) Members of bona fide veterans organizations |
| which receive firearms directly from the armed forces of the United States, while using the firearms for ceremonial purposes with blank ammunition; | |
(5) Nonresident hunters during hunting season, with |
| valid nonresident hunting licenses and while in an area where hunting is permitted; however, at all other times and in all other places these persons must have their firearms unloaded and enclosed in a case; | |
(6) Those hunters exempt from obtaining a hunting |
| license who are required to submit their Firearm Owner's Identification Card when hunting on Department of Natural Resources owned or managed sites; | |
(7) Nonresidents while on a firing or shooting range |
| recognized by the Department of State Police; however, these persons must at all other times and in all other places have their firearms unloaded and enclosed in a case; | |
(8) Nonresidents while at a firearm showing or |
| display recognized by the Department of State Police; however, at all other times and in all other places these persons must have their firearms unloaded and enclosed in a case; | |
(9) Nonresidents whose firearms are unloaded and |
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(10) Nonresidents who are currently licensed or |
| registered to possess a firearm in their resident state; | |
(11) Unemancipated minors while in the custody and |
| immediate control of their parent or legal guardian or other person in loco parentis to the minor if the parent or legal guardian or other person in loco parentis to the minor has a currently valid Firearm Owner's Identification Card; | |
(12) Color guards of bona fide veterans |
| organizations or members of bona fide American Legion bands while using firearms for ceremonial purposes with blank ammunition; | |
(13) Nonresident hunters whose state of residence |
| does not require them to be licensed or registered to possess a firearm and only during hunting season, with valid hunting licenses, while accompanied by, and using a firearm owned by, a person who possesses a valid Firearm Owner's Identification Card and while in an area within a commercial club licensed under the Wildlife Code where hunting is permitted and controlled, but in no instance upon sites owned or managed by the Department of Natural Resources; | |
(14) Resident hunters who are properly authorized to |
| hunt and, while accompanied by a person who possesses a valid Firearm Owner's Identification Card, hunt in an area within a commercial club licensed under the Wildlife Code where hunting is permitted and controlled; | |
(15) A person who is otherwise eligible to obtain a |
| Firearm Owner's Identification Card under this Act and is under the direct supervision of a holder of a Firearm Owner's Identification Card who is 21 years of age or older while the person is on a firing or shooting range or is a participant in a firearms safety and training course recognized by a law enforcement agency or a national, statewide shooting sports organization; and | |
(16) Competitive shooting athletes whose competition |
| firearms are sanctioned by the International Olympic Committee, the International Paralympic Committee, the International Shooting Sport Federation, or USA Shooting in connection with such athletes' training for and participation in shooting competitions at the 2016 Olympic and Paralympic Games and sanctioned test events leading up to the 2016 Olympic and Paralympic Games. | |
(c) The provisions of this Section regarding the acquisition and possession of firearms, firearm ammunition, stun guns, and tasers do not apply to law enforcement officials of this or any other jurisdiction, while engaged in the operation of their official duties.
(Source: P.A. 96‑7, eff. 4‑3‑09.) |
(430 ILCS 65/4) (from Ch. 38, par. 83‑4)
Sec. 4. (a) Each applicant for a Firearm Owner's Identification Card must:
(1) Make application on blank forms prepared and
| furnished at convenient locations throughout the State by the Department of State Police, or by electronic means, if and when made available by the Department of State Police; and | |
(2) Submit evidence to the Department of State |
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(i) He or she is 21 years of age or over, or if |
| he or she is under 21 years of age that he or she has the written consent of his or her parent or legal guardian to possess and acquire firearms and firearm ammunition and that he or she has never been convicted of a misdemeanor other than a traffic offense or adjudged delinquent, provided, however, that such parent or legal guardian is not an individual prohibited from having a Firearm Owner's Identification Card and files an affidavit with the Department as prescribed by the Department stating that he or she is not an individual prohibited from having a Card; | |
(ii) He or she has not been convicted of a |
| felony under the laws of this or any other jurisdiction; | |
(iii) He or she is not addicted to narcotics;
(iv) He or she has not been a patient in a |
| mental institution within the past 5 years and he or she has not been adjudicated as a mental defective; | |
(v) He or she is not mentally retarded;
(vi) He or she is not an alien who is unlawfully |
| present in the United States under the laws of the United States; | |
(vii) He or she is not subject to an existing |
| order of protection prohibiting him or her from possessing a firearm; | |
(viii) He or she has not been convicted within |
| the past 5 years of battery, assault, aggravated assault, violation of an order of protection, or a substantially similar offense in another jurisdiction, in which a firearm was used or possessed; | |
(ix) He or she has not been convicted of |
| domestic battery or a substantially similar offense in another jurisdiction committed on or after the effective date of this amendatory Act of 1997; | |
(x) He or she has not been convicted within the |
| past 5 years of domestic battery or a substantially similar offense in another jurisdiction committed before the effective date of this amendatory Act of 1997; | |
(xi) He or she is not an alien who has been |
| admitted to the United States under a non‑immigrant visa (as that term is defined in Section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(26))), or that he or she is an alien who has been lawfully admitted to the United States under a non‑immigrant visa if that alien is: | |
(1) admitted to the United States for lawful |
| hunting or sporting purposes; | |
(2) an official representative of a foreign |
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(A) accredited to the United States |
| Government or the Government's mission to an international organization having its headquarters in the United States; or | |
(B) en route to or from another country |
| to which that alien is accredited; | |
(3) an official of a foreign government or |
| distinguished foreign visitor who has been so designated by the Department of State; | |
(4) a foreign law enforcement officer of a |
| friendly foreign government entering the United States on official business; or | |
(5) one who has received a waiver from the |
| Attorney General of the United States pursuant to 18 U.S.C. 922(y)(3); | |
(xii) He or she is not a minor subject to a |
| petition filed under Section 5‑520 of the Juvenile Court Act of 1987 alleging that the minor is a delinquent minor for the commission of an offense that if committed by an adult would be a felony; and | |
(xiii) He or she is not an adult who had been |
| adjudicated a delinquent minor under the Juvenile Court Act of 1987 for the commission of an offense that if committed by an adult would be a felony; and | |
(3) Upon request by the Department of State Police, |
| sign a release on a form prescribed by the Department of State Police waiving any right to confidentiality and requesting the disclosure to the Department of State Police of limited mental health institution admission information from another state, the District of Columbia, any other territory of the United States, or a foreign nation concerning the applicant for the sole purpose of determining whether the applicant is or was a patient in a mental health institution and disqualified because of that status from receiving a Firearm Owner's Identification Card. No mental health care or treatment records may be requested. The information received shall be destroyed within one year of receipt. | |
(a‑5) Each applicant for a Firearm Owner's Identification Card who is over the age of 18 shall furnish to the Department of State Police either his or her driver's license number or Illinois Identification Card number.
(a‑10) Each applicant for a Firearm Owner's Identification Card, who is employed as an armed security officer at a nuclear energy, storage, weapons, or development facility regulated by the Nuclear Regulatory Commission and who is not an Illinois resident, shall furnish to the Department of State Police his or her driver's license number or state identification card number from his or her state of residence. The Department of State Police may promulgate rules to enforce the provisions of this subsection (a‑10).
(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. 95‑581, eff. 6‑1‑08.) |
(430 ILCS 65/8) (from Ch. 38, par. 83‑8)
Sec. 8. The Department of 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 Department finds that the applicant or the person to whom such card was issued is or was at the time of issuance:
(a) A person under 21 years of age who has been convicted of a misdemeanor other than a traffic offense or adjudged delinquent;
(b) A person under 21 years of age who does not have the written consent of his parent or guardian to acquire and possess firearms and firearm ammunition, or whose parent or guardian has revoked such written consent, or where such parent or guardian does not qualify to have a Firearm Owner's Identification Card;
(c) A person convicted of a felony under the laws of this or any other jurisdiction;
(d) A person addicted to narcotics;
(e) A person who has been a patient of a mental institution within the past 5 years or has been adjudicated as a mental defective;
(f) A person whose mental condition is of such a nature that it poses a clear and present danger to the applicant, any other person or persons or the community;
For the purposes of this Section, "mental condition" means a state of mind manifested by violent, suicidal, threatening or assaultive behavior.
(g) A person who is mentally retarded;
(h) A person who intentionally makes a false statement in the Firearm Owner's Identification Card application;
(i) An alien who is unlawfully present in the United States under the laws of the United States;
(i‑5) An alien who has been admitted to the United States under a non‑immigrant visa (as that term is defined in Section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(26))), except that this subsection (i‑5) does not apply to any alien who has been lawfully admitted to the United States under a non‑immigrant visa if that alien is:
(1) admitted to the United States for lawful hunting
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(2) an official representative of a foreign |
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(A) accredited to the United States Government |
| or the Government's mission to an international organization having its headquarters in the United States; or | |
(B) en route to or from another country to which |
| that alien is accredited; | |
(3) an official of a foreign government or |
| distinguished foreign visitor who has been so designated by the Department of State; | |
(4) a foreign law enforcement officer of a friendly |
| foreign government entering the United States on official business; or | |
(5) one who has received a waiver from the Attorney |
| General of the United States pursuant to 18 U.S.C. 922(y)(3); | |
(j) (Blank);
(k) A person who has been convicted within the past 5 years of battery, assault, aggravated assault, violation of an order of protection, or a substantially similar offense in another jurisdiction, in which a firearm was used or possessed;
(l) A person who has been convicted of domestic battery or a substantially similar offense in another jurisdiction committed on or after January 1, 1998;
(m) A person who has been convicted within the past 5 years of domestic battery or a substantially similar offense in another jurisdiction committed before January 1, 1998;
(n) A person who is prohibited from acquiring or possessing firearms or firearm ammunition by any Illinois State statute or by federal law;
(o) A minor subject to a petition filed under Section 5‑520 of the Juvenile Court Act of 1987 alleging that the minor is a delinquent minor for the commission of an offense that if committed by an adult would be a felony; or
(p) An adult who had been adjudicated a delinquent minor under the Juvenile Court Act of 1987 for the commission of an offense that if committed by an adult would be a felony.
(Source: P.A. 95‑581, eff. 6‑1‑08; 96‑701, eff. 1‑1‑10.) |
(430 ILCS 65/10) (from Ch. 38, par. 83‑10)
Sec. 10. (a) Whenever an application for a Firearm Owner's Identification Card is denied, whenever the Department fails to act on an application within 30 days of its receipt, or whenever such a Card is revoked or seized as provided for in Section 8 of this Act, the aggrieved party may appeal to the Director of the Department of State Police for a hearing upon such denial, revocation or seizure, unless the denial, revocation, or seizure 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 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 upon such denial, revocation, or seizure.
(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 Department of State Police to issue a Card.
(c) Any person prohibited from possessing a firearm under Sections 24‑1.1 or 24‑3.1 of the Criminal Code of 1961 or acquiring a Firearm Owner's Identification Card under Section 8 of this Act may apply to the Director of the Department of State Police 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 Director or court may grant such relief if it is established by the applicant to the court's or Director's satisfaction that:
(0.05) when in the circuit court, the State's |
| Attorney has been served with a written copy of the petition at least 30 days before any such hearing in the circuit court and at the hearing the State's Attorney was afforded an opportunity to present evidence and object to the petition; |
|
(1) the applicant has not been convicted of a |
| forcible felony under the laws of this State or any other jurisdiction within 20 years of the applicant's application for a Firearm Owner's Identification Card, or at least 20 years have passed since the end of any period of imprisonment imposed in relation to that conviction; |
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(2) the circumstances regarding a criminal |
| conviction, where applicable, the applicant's criminal history and his reputation are such that the applicant will not be likely to act in a manner dangerous to public safety; and |
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(3) granting relief would not be contrary to the |
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(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 Department of 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 Department of 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 prohibited from possessing a firearm under 18 U.S.C. 922(d)(4) and 922(g)(4) of the federal Gun Control Act of 1968 may apply to the Department of State Police requesting relief from such prohibition and the Director shall grant such relief if it is established to the Director's satisfaction that the person will not be likely to act in a manner dangerous to public safety and granting relief would not be contrary to the public interest.
(Source: P.A. 96‑1368, eff. 7‑28‑10.) |
(430 ILCS 65/14) (from Ch. 38, par. 83‑14)
Sec. 14. Sentence.
(a) 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.
(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:
(1) the person's Firearm Owner's Identification Card |
| is revoked or subject to revocation under Section 8; or | |
(2) the person's Firearm Owner's Identification Card |
| is expired and not otherwise eligible for renewal under this Act; or | |
(3) the person does not possess a currently valid |
| Firearm Owner's Identification Card, and the person is not otherwise eligible under this Act. | |
(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. 91‑694, eff. 4‑13‑00; 92‑414, eff. 1‑1‑02; 92‑442, eff. 8‑17‑01; 92‑651, eff. 7‑11‑02.) |
