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2005 Illinois Code - Chapter 430 Public Safety 430 ILCS 65/      Firearm Owners Identification Card Act.

    (430 ILCS 65/0.01) (from Ch. 38, par. 83‑0.1)
    Sec. 0.01. Short title. This Act may be cited as the Firearm Owners Identification Card Act.
(Source: P.A. 86‑1324.)

    (430 ILCS 65/1)(from Ch. 38, par. 83‑1)
    Sec. 1. It is hereby declared as a matter of legislative determination that in order to promote and protect the health, safety and welfare of the public, it is necessary and in the public interest to provide a system of identifying persons who are not qualified to acquire or possess firearms, firearm ammunition, stun guns, and tasers within the State of Illinois by the establishment of a system of Firearm Owner's Identification Cards, thereby establishing a practical and workable system by which law enforcement authorities will be afforded an opportunity to identify those persons who are prohibited by Section 24‑3.1 of the "Criminal Code of 1961", as amended, from acquiring or possessing firearms and firearm ammunition and who are prohibited by this Act from acquiring stun guns and tasers.
(Source: P.A. 94‑6, eff. 1‑1‑06.)

    (430 ILCS 65/1.1)(from Ch. 38, par. 83‑1.1)
    (Text of Section from P.A. 94‑6)
    Sec. 1.1. For purposes of this Act:
    "Counterfeit" means to copy or imitate, without legal authority, with intent to deceive.
    "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.
    "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.)
 
    (Text of Section from P.A. 94‑353)
    Sec. 1.1. For purposes of this 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:
        (1) any pneumatic gun, spring gun, paint ball gun or
    
B‑B gun which either expels a single globular projectile not exceeding .18 inch in diameter and which has a maximum muzzle velocity of less than 700 feet per second or breakable paint balls containing washable marking colors;
        (2) any device used exclusively for signalling or
    
safety and required or recommended by the United States Coast Guard or the Interstate Commerce Commission;
        (3) any device used exclusively for the firing of
    
stud cartridges, explosive rivets or similar industrial ammunition; and
        (4) an antique firearm (other than a machine‑gun)
    
which, although designed as a weapon, the Department of State Police finds by reason of the date of its manufacture, value, design, and other characteristics is primarily a collector's item and is not likely to be used as a weapon.
    "Firearm ammunition" means any self‑contained cartridge or shotgun shell, by whatever name known, which is designed to be used or adaptable to use in a firearm; excluding, however:
        (1) any ammunition exclusively designed for use with
    
a device used exclusively for signalling or safety and required or recommended by the United States Coast Guard or the Interstate Commerce Commission; and
        (2) any ammunition designed exclusively for use with
    
a stud or rivet driver or other similar industrial ammunition.
    "Gun show" means an event or function:
        (1) at which the sale and transfer of firearms is the
    
regular and normal course of business and where 50 or more firearms are displayed, offered, or exhibited for sale, transfer, or exchange; or
        (2) at which not less than 10 gun show vendors
    
display, offer, or exhibit for sale, sell, transfer, or exchange firearms.
    "Gun show" includes the entire premises provided for an
    
event or function, including parking areas for the event or function, that is sponsored to facilitate the purchase, sale, transfer, or exchange of firearms as described in this Section.
    "Gun show" does not include training or safety classes,
    
competitive shooting events, such as rifle, shotgun, or handgun matches, trap, skeet, or sporting clays shoots, dinners, banquets, raffles, or any other event where the sale or transfer of firearms is not the primary course of business.
    "Gun show promoter" means a person who organizes or
    
operates a gun show.
    "Gun show vendor" means a person who exhibits, sells,
    
offers for sale, transfers, or exchanges any firearms at a gun show, regardless of whether the person arranges with a gun show promoter for a fixed location from which to exhibit, sell, offer for sale, transfer, or exchange any firearm.
    "Sanctioned competitive shooting event" means a shooting
    
contest officially recognized by a national or state shooting sport association, and includes any sight‑in or practice conducted in conjunction with the event.
(Source: P.A. 94‑353, eff. 7‑29‑05.)

    (430 ILCS 65/2)(from Ch. 38, par. 83‑2)
    Sec. 2. Firearm Owner's Identification Card required; exceptions.
    (a) (1) No person may acquire or possess any firearm,
    
stun gun, or taser within this State without having in his or her possession a Firearm Owner's Identification Card previously issued in his or her name by the Department of State Police under the provisions of this Act.
        (2) No person may acquire or possess firearm
    
ammunition within this State without having in his or her possession a Firearm Owner's Identification Card previously issued in his or her name by the Department of State Police under the provisions of this Act.
    (b) The provisions of this Section regarding the possession of firearms, firearm ammunition, stun guns, and tasers do not apply to:
        (1) United States Marshals, while engaged in the
    
operation of their official duties;
        (2) Members of the Armed Forces of the United States
    
or the National Guard, while engaged in the operation of their official duties;
        (3) Federal officials required to carry firearms,
    
while engaged in the operation of their official duties;
        (4) Members of bona fide veterans organizations
    
which receive firearms directly from the armed forces of the United States, while using the firearms for ceremonial purposes with blank ammunition;
        (5) Nonresident hunters during hunting season, with
    
valid nonresident hunting licenses and while in an area where hunting is permitted; however, at all other times and in all other places these persons must have their firearms unloaded and enclosed in a case;
        (6) Those hunters exempt from obtaining a hunting
    
license who are required to submit their Firearm Owner's Identification Card when hunting on Department of Natural Resources owned or managed sites;
        (7) Nonresidents while on a firing or shooting range
    
recognized by the Department of State Police; however, these persons must at all other times and in all other places have their firearms unloaded and enclosed in a case;
        (8) Nonresidents while at a firearm showing or
    
display recognized by the Department of State Police; however, at all other times and in all other places these persons must have their firearms unloaded and enclosed in a case;
        (9) Nonresidents whose firearms are unloaded and
    
enclosed in a case;
        (10) Nonresidents who are currently licensed or
    
registered to possess a firearm in their resident state;
        (11) Unemancipated minors while in the custody and
    
immediate control of their parent or legal guardian or other person in loco parentis to the minor if the parent or legal guardian or other person in loco parentis to the minor has a currently valid Firearm Owner's Identification Card;
        (12) Color guards of bona fide veterans
    
organizations or members of bona fide American Legion bands while using firearms for ceremonial purposes with blank ammunition;
        (13) Nonresident hunters whose state of residence
    
does not require them to be licensed or registered to possess a firearm and only during hunting season, with valid hunting licenses, while accompanied by, and using a firearm owned by, a person who possesses a valid Firearm Owner's Identification Card and while in an area within a commercial club licensed under the Wildlife Code where hunting is permitted and controlled, but in no instance upon sites owned or managed by the Department of Natural Resources;
        (14) Resident hunters who are properly authorized to
    
hunt and, while accompanied by a person who possesses a valid Firearm Owner's Identification Card, hunt in an area within a commercial club licensed under the Wildlife Code where hunting is permitted and controlled; and
        (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.
    (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. 94‑6, eff. 1‑1‑06.)

    (430 ILCS 65/3)(from Ch. 38, par. 83‑3)
    (Text of Section from P.A. 94‑6)
    Sec. 3. (a) Except as provided in Section 3a, no person may knowingly transfer, or cause to be transferred, any firearm, firearm ammunition, stun gun, or taser to any person within this State unless the transferee with whom he deals displays a currently valid Firearm Owner's Identification Card which has previously been issued in his name by the Department of State Police under the provisions of this Act. In addition, all firearm, stun gun, and taser transfers by federally licensed firearm dealers are subject to Section 3.1.
    (b) Any person within this State who transfers or causes to be transferred any firearm, stun gun, or taser shall keep a record of such transfer for a period of 10 years from the date of transfer. Such record shall contain the date of the transfer; the description, serial number or other information identifying the firearm, stun gun, or taser if no serial number is available; and, if the transfer was completed within this State, the transferee's Firearm Owner's Identification Card number. On demand of a peace officer such transferor shall produce for inspection such record of transfer.
    (c) The provisions of this Section regarding the transfer of firearm ammunition shall not apply to those persons specified in paragraph (b) of Section 2 of this Act.
(Source: P.A. 94‑6, eff. 1‑1‑06.)
 
    (Text of Section from P.A. 94‑284)
    Sec. 3. (a) Except as provided in Section 3a, no person may knowingly transfer, or cause to be transferred, any firearm or any firearm ammunition to any person within this State unless the transferee with whom he deals displays a currently valid Firearm Owner's Identification Card which has previously been issued in his name by the Department of State Police under the provisions of this Act. In addition, all firearm transfers by federally licensed firearm dealers are subject to Section 3.1.
    (b) Any person within this State who transfers or causes to be transferred any firearm shall keep a record of such transfer for a period of 10 years from the date of transfer. Such record shall contain the date of the transfer; the description, serial number or other information identifying the firearm if no serial number is available; and, if the transfer was completed within this State, the transferee's Firearm Owner's Identification Card number. On or after January 1, 2006, the record shall contain the date of application for transfer of the firearm. On demand of a peace officer such transferor shall produce for inspection such record of transfer.
    (c) The provisions of this Section regarding the transfer of firearm ammunition shall not apply to those persons specified in paragraph (b) of Section 2 of this Act.
(Source: P.A. 94‑284, eff. 7‑21‑05.)
 
    (Text of Section from P.A. 94‑353)
    Sec. 3. (a) Except as provided in Section 3a, no person may knowingly transfer, or cause to be transferred, any firearm or any firearm ammunition to any person within this State unless the transferee with whom he deals displays a currently valid Firearm Owner's Identification Card which has previously been issued in his name by the Department of State Police under the provisions of this Act. In addition, all firearm transfers by federally licensed firearm dealers are subject to Section 3.1.
    (a‑5) Any person who is not a federally licensed firearm dealer and who desires to transfer or sell a firearm while that person is on the grounds of a gun show must, before selling or transferring the firearm, request the Department of State Police to conduct a background check on the prospective recipient of the firearm in accordance with Section 3.1.
    (b) Any person within this State who transfers or causes to be transferred any firearm shall keep a record of such transfer for a period of 10 years from the date of transfer. Such record shall contain the date of the transfer; the description, serial number or other information identifying the firearm if no serial number is available; and, if the transfer was completed within this State, the transferee's Firearm Owner's Identification Card number. On demand of a peace officer such transferor shall produce for inspection such record of transfer. If the transfer or sale took place at a gun show, the record shall include the unique identification number. Failure to record the unique identification number is a petty offense.
    (c) The provisions of this Section regarding the transfer of firearm ammunition shall not apply to those persons specified in paragraph (b) of Section 2 of this Act.
(Source: P.A. 94‑353, eff. 7‑29‑05.)
 
    (Text of Section from P.A. 94‑571)
    Sec. 3. (a) Except as provided in Section 3a, no person may knowingly transfer, or cause to be transferred, any firearm or any firearm ammunition to any person within this State unless the transferee with whom he deals displays a currently valid Firearm Owner's Identification Card which has previously been issued in his name by the Department of State Police under the provisions of this Act. In addition, all firearm transfers by federally licensed firearm dealers are subject to Section 3.1.
    (b) Any person within this State who transfers or causes to be transferred any firearm shall keep a record of such transfer for a period of 10 years from the date of transfer. Such record shall contain the date of the transfer; the description, serial number or other information identifying the firearm if no serial number is available; and, if the transfer was completed within this State, the transferee's Firearm Owner's Identification Card number. On demand of a peace officer such transferor shall produce for inspection such record of transfer.
    (b‑5) Any resident may purchase ammunition from a person outside of Illinois. Any resident purchasing ammunition outside the State of Illinois must provide the seller with a copy of his or her valid Firearm Owner's Identification Card and either his or her Illinois driver's license or Illinois State Identification Card prior to the shipment of the ammunition. The ammunition may be shipped only to an address on either of those 2 documents.
    (c) The provisions of this Section regarding the transfer of firearm ammunition shall not apply to those persons specified in paragraph (b) of Section 2 of this Act.
(Source: P.A. 94‑571, eff. 8‑12‑05.)

    (430 ILCS 65/3a)(from Ch. 38, par. 83‑3a)
    Sec. 3a. (a) Any resident of Illinois who has obtained a firearm owner's identification card pursuant to this Act and who is not otherwise prohibited from obtaining, possessing or using a firearm may purchase or obtain a rifle or shotgun or ammunition for a rifle or shotgun in Iowa, Missouri, Indiana, Wisconsin or Kentucky.
    (b) Any resident of Iowa, Missouri, Indiana, Wisconsin or Kentucky or a non‑resident with a valid non‑resident hunting license, who is 18 years of age or older and who is not prohibited by the laws of Illinois, the state of his domicile, or the United States from obtaining, possessing or using a firearm, may purchase or obtain a rifle, shotgun or ammunition for a rifle or shotgun in Illinois.
    (b‑5) Any non‑resident who is participating in a sanctioned competitive shooting event, who is 18 years of age or older and who is not prohibited by the laws of Illinois, the state of his or her domicile, or the United States from obtaining, possessing, or using a firearm, may purchase or obtain a shotgun or shotgun ammunition in Illinois for the purpose of participating in that event. A person may purchase or obtain a shotgun or shotgun ammunition under this subsection only at the site where the sanctioned competitive shooting event is being held.
    (c) Any transaction under this Section is subject to the provisions of the Gun Control Act of 1968 (18 U.S.C. 922 (b)(3)).
(Source: P.A. 94‑353, eff. 7‑29‑05.)

    (430 ILCS 65/3.1)(from Ch. 38, par. 83‑3.1)
    (Text of Section from P.A. 94‑6)
    Sec. 3.1. Dial up system. The Department of State Police shall provide a dial up telephone system which shall be used by any federally licensed firearm dealer who is to transfer a firearm, stun gun, or taser under the provisions of this Act. The Department of State Police shall utilize existing technology which allows the caller to be charged a fee equivalent to the cost of providing this service but not to exceed $2. Fees collected by the Department of State Police shall be deposited in the State Police Services Fund and used to provide the service.
    Upon receiving a request from a federally licensed firearm dealer, the Department of State Police shall immediately approve, or within the time period established by Section 24‑3 of the Criminal Code of 1961 regarding the delivery of firearms, stun guns, and tasers notify the inquiring dealer of any objection that would disqualify the transferee from acquiring or possessing a firearm, stun gun, or taser. In conducting the inquiry, the Department of State Police shall initiate and complete an automated search of its criminal history record information files and those of the Federal Bureau of Investigation, including the National Instant Criminal Background Check System, and of the files of the Department of Human Services relating to mental health and developmental disabilities to obtain any felony conviction or patient hospitalization information which would disqualify a person from obtaining or require revocation of a currently valid Firearm Owner's Identification Card.
    The Department of State Police must act as the Illinois Point of Contact for the National Instant Criminal Background Check System.
    The Department of State Police shall promulgate rules to implement this system.
(Source: P.A. 94‑6, eff. 1‑1‑06.)
 
    (Text of Section from P.A. 94‑353)
    Sec. 3.1. Dial up system.
    (a) The Department of State Police shall provide a dial up telephone system or utilize other existing technology which shall be used by any federally licensed firearm dealer, gun show promoter, or gun show vendor who is to transfer a firearm under the provisions of this Act. The Department of State Police may utilize existing technology which allows the caller to be charged a fee not to exceed $2. Fees collected by the Department of State Police shall be deposited in the State Police Services Fund and used to provide the service.
    (b) Upon receiving a request from a federally licensed firearm dealer, gun show promoter, or gun show vendor, the Department of State Police shall immediately approve, or within the time period established by Section 24‑3 of the Criminal Code of 1961 regarding the delivery of firearms, 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. In conducting the inquiry, the Department of State Police shall initiate and complete an automated search of its criminal history record information files and those of the Federal Bureau of Investigation, including the National Instant Criminal Background Check System, and of the files of the Department of Human Services relating to mental health and developmental disabilities to obtain any felony conviction or patient hospitalization information which would disqualify a person from obtaining or require revocation of a currently valid Firearm Owner's Identification Card.
    (c) If receipt of a firearm would not violate Section 24‑3 of the Criminal Code of 1961, federal law, or this Act the Department of State Police shall:
        (1) assign a unique identification number to the
    
transfer; and
        (2) provide the licensee, gun show promoter, or gun
    
show vendor with the number.
    (d) Approvals issued by the Department of State Police
    
for the purchase of a firearm are valid for 30 days from the date of issue.
    (e) The Department of State Police must act as the Illinois Point of Contact for the National Instant Criminal Background Check System.
    (f) The Department of State Police shall promulgate rules not inconsistent with this Section to implement this system.
(Source: P.A. 94‑353, eff. 7‑29‑05.)

    (430 ILCS 65/3.2)
    Sec. 3.2. List of prohibited projectiles; notice to dealers. Prior to January 1, 2002, the Department of State Police shall list on the Department's World Wide Web site all firearm projectiles that are prohibited under Sections 24‑2.1, 24‑2.2, and 24‑3.2 of the Criminal Code of 1961, together with a statement setting forth the sentence that may be imposed for violating those Sections. The Department of State Police shall, prior to January 1, 2002, send a list of all firearm projectiles that are prohibited under Sections 24‑2.1, 24‑2.2, and 24‑3.2 of the Criminal Code of 1961 to each federally licensed firearm dealer in Illinois registered with the Department.
(Source: P.A. 92‑423, eff. 1‑1‑02.)

    (430 ILCS 65/3.3)
    Sec. 3.3. Report to the local law enforcement agency. The Department of State Police must report the name and address of a person to the local law enforcement agency where the person resides if the person attempting to purchase a firearm is disqualified from purchasing a firearm because of information obtained under Section 3.1 that would disqualify the person from obtaining a Firearm Owner's Identification Card under any of subsections (c) through (n) of Section 8 of this Act.
(Source: P.A. 94‑125, eff. 1‑1‑06.)

    (430 ILCS 65/4) (from Ch. 38, par. 83‑4)
    Sec. 4. (a) Each applicant for a Firearm Owner's Identification Card must:
        (1) Make application on blank forms prepared and
    
furnished at convenient locations throughout the State by the Department of State Police, or by electronic means, if and when made available by the Department of State Police; and
        (2) Submit evidence to the Department of State
    
Police that:
            (i) He or she is 21 years of age or over, or if
        
he or she is under 21 years of age that he or she has the written consent of his or her parent or legal guardian to possess and acquire firearms and firearm ammunition and that he or she has never been convicted of a misdemeanor other than a traffic offense or adjudged delinquent, provided, however, that such parent or legal guardian is not an individual prohibited from having a Firearm Owner's Identification Card and files an affidavit with the Department as prescribed by the Department stating that he or she is not an individual prohibited from having a Card;
            (ii) He or she has not been convicted of a
        
felony under the laws of this or any other jurisdiction;
            (iii) He or she is not addicted to narcotics;
            (iv) He or she has not been a patient in a
        
mental institution within the past 5 years;
            (v) He or she is not mentally retarded;
            (vi) He or she is not an alien who is unlawfully
        
present in the United States under the laws of the United States;
            (vii) He or she is not subject to an existing
        
order of protection prohibiting him or her from possessing a firearm;
            (viii) He or she has not been convicted within
        
the past 5 years of battery, assault, aggravated assault, violation of an order of protection, or a substantially similar offense in another jurisdiction, in which a firearm was used or possessed;
            (ix) He or she has not been convicted of
        
domestic battery or a substantially similar offense in another jurisdiction committed on or after the effective date of this amendatory Act of 1997;
            (x) He or she has not been convicted within the
        
past 5 years of domestic battery or a substantially similar offense in another jurisdiction committed before the effective date of this amendatory Act of 1997;
            (xi) He or she is not an alien who has been
        
admitted to the United States under a non‑immigrant visa (as that term is defined in Section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(26))), or that he or she is an alien who has been lawfully admitted to the United States under a non‑immigrant visa if that alien is:
                (1) admitted to the United States for lawful
            
hunting or sporting purposes;
                (2) an official representative of a foreign
            
government who is:
                    (A) accredited to the United States
                
Government or the Government's mission to an international organization having its headquarters in the United States; or
                    (B) en route to or from another country
                
to which that alien is accredited;
                (3) an official of a foreign government or
            
distinguished foreign visitor who has been so designated by the Department of State;
                (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. 92‑442, eff. 8‑17‑01; 92‑839, eff. 8‑22‑02; 92‑854, eff. 12‑5‑02; 93‑367, eff. 1‑1‑04.)

    (430 ILCS 65/5)(from Ch. 38, par. 83‑5)
    Sec. 5. The Department of State Police shall either approve or deny all applications within 30 days from the date they are received, and every applicant found qualified pursuant to Section 8 of this Act by the Department shall be entitled to a Firearm Owner's Identification Card upon the payment of a $5 fee. $3 of each fee derived from the issuance of Firearm Owner's Identification Cards, or renewals thereof, shall be deposited in the Wildlife and Fish Fund in the State Treasury; $1 of such fee shall be deposited in the State Police Services Fund and $1 of such fee shall be deposited in the Firearm Owner's Notification Fund. Monies in the Firearm Owner's Notification Fund shall be used exclusively to pay for the cost of sending notices of expiration of Firearm Owner's Identification Cards under Section 13.2 of this Act. Excess monies in the Firearm Owner's Notification Fund shall be used to ensure the prompt and efficient processing of applications received under Section 4 of this Act.
(Source: P.A. 94‑353, eff. 7‑29‑05.)

    (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 Department of State Police at such places as the Director of the Department shall specify, shall contain the applicant's name, residence, date of birth, sex, physical description, recent photograph and signature. Each Firearm Owner's Identification Card must have the expiration date 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 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 Department shall use a person's digital photograph and signature from his or her Illinois driver's license or Illinois Identification Card, if available. The Department 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 Department of 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 Department of 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 12 months after the effective date of this amendatory Act of the 92nd General Assembly.
(Source: P.A. 91‑694, eff. 4‑13‑00; 92‑442, eff. 8‑17‑01.)

    (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 65/7) (from Ch. 38, par. 83‑7)
    Sec. 7. Except as provided in Section 8 of this Act, 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 5 years from the date of issuance.
(Source: Laws 1967, p. 2600.)

    (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;
    (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
    
or sporting purposes;
        (2) an official representative of a foreign
    
government who is:
            (A) accredited to the United States Government
        
or the Government's mission to an international organization having its headquarters in the United States; or
            (B) en route to or from another country to which
        
that alien is accredited;
        (3) an official of a foreign government or
    
distinguished foreign visitor who has been so designated by the Department of State;
        (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) A person who is subject to an existing order of protection prohibiting him or her from possessing a firearm;
    (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. 92‑854, eff. 12‑5‑02; 93‑367, eff. 1‑1‑04.)

    (430 ILCS 65/8.1) (from Ch. 38, par. 83‑8.1)
    Sec. 8.1. The Circuit Clerk shall, in the form and manner required by the Supreme Court, notify the Department of State Police of all final dispositions of cases for which the Department has received information reported to it under Section 2.1 of the Criminal Identification Act.
(Source: P.A. 87‑905.)

    (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 before his 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.
(Source: P.A. 84‑25.)

    (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;
        (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
        (3) granting relief would not be contrary to the
    
public interest.
    (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.
(Source: P.A. 93‑367, eff. 1‑1‑04; 94‑556, eff. 9‑11‑05.)

    (430 ILCS 65/11) (from Ch. 38, par. 83‑11)
    Sec. 11. All final administrative decisions of the Department under 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.
    The Director of State Police 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 Department of State Police.
(Source: P.A. 86‑882.)

    (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.
    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.
(Source: P. A. 76‑1939.)

    (430 ILCS 65/13.2) (from Ch. 38, par. 83‑13.2)
    Sec. 13.2. The Department of State Police shall, 60 days prior to the expiration of a Firearm Owner's Identification Card, forward by first class mail to each person whose card is to expire a notification of the expiration of the card and an application which may be used to apply for renewal of the card. It is the obligation of the holder of a Firearm Owner's Identification Card to notify the Department of State Police of any address change since the issuance of the Firearm Owner's Identification Card.
(Source: P.A. 91‑690, eff. 4‑13‑00.)

    (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 Department of 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 Department of 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 State Police.
(Source: P.A. 92‑238, eff. 8‑3‑01.)

    (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.)

    (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 Department of 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 Department of 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 (20 ILCS 5/5‑95, 5/5‑700, and 5/5‑705).
(Source: P.A. 91‑239, eff. 1‑1‑00.)

    (430 ILCS 65/15b)
    Sec. 15b. Certified abstracts. Any certified abstract issued by the Director of State Police or transmitted electronically by the Director of 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 Department of State Police.
(Source: P.A. 92‑839, eff. 8‑22‑02.)

    (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.)

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