Sen. Julie A. Morrison
Filed: 3/20/2017
 
 


 




10000SB0315sam001LRB100 05100 SLF 23226 a



1
AMENDMENT TO SENATE BILL 315 




2 AMENDMENT NO. ______. Amend Senate Bill 315 by replacing 
3everything after the enacting clause with the following:


4 "Section 5. The Firearm Owners Identification Card Act is 
5amended by changing Sections 1, 1.1, 2, 3, and 3.1 as follows:




6 (430 ILCS 65/1) (from Ch. 38, par. 83-1)



7 Sec. 1. It is hereby declared as a matter of legislative 
8determination that
in order to promote and protect the health, 
9safety, and welfare of the
public, it is necessary and in the 
10public interest to provide a system of
identifying persons who 
11are not qualified to acquire or possess firearms, pre-packaged 
12explosive components, firearm ammunition, stun guns, and 
13tasers within the State of Illinois by the establishment of
a 
14system of Firearm Owner's Identification Cards, thereby 
15establishing a
practical and workable system by which law 
16enforcement authorities will be
afforded an opportunity to 
 
 
10000SB0315sam001- 2 -LRB100 05100 SLF 23226 a


1identify those persons who are prohibited by
Section 24-3.1 of 
2the Criminal Code of 2012, from
acquiring or possessing 
3firearms and firearm ammunition and who are prohibited by this 
4Act from acquiring stun guns and tasers.

5(Source: P.A. 97-1150, eff. 1-25-13.)




6 (430 ILCS 65/1.1) (from Ch. 38, par. 83-1.1)


7 Sec. 1.1. For purposes of this Act: 

8 "Addicted to narcotics" means a person who has been: 
9  (1) convicted of an offense involving the use or 
10 possession of cannabis, a controlled substance, or 
11 methamphetamine within the past year; or 
12  (2) determined by the Department of State Police to be 
13 addicted to narcotics based upon federal law or federal 
14 guidelines. 
15 "Addicted to narcotics" does not include possession or use 
16of a prescribed controlled substance under the direction and 
17authority of a physician or other person authorized to 
18prescribe the controlled substance when the controlled 
19substance is used in the prescribed manner.
20 "Adjudicated as a person with a mental disability" means 
21the person is the subject of a determination by a court, board, 
22commission or other lawful authority that the person, as a 
23result of marked subnormal intelligence, or mental illness, 
24mental impairment, incompetency, condition, or disease:
25  (1) presents a clear and present danger to himself, 
 
 
10000SB0315sam001- 3 -LRB100 05100 SLF 23226 a


1 herself, or to others;
2  (2) lacks the mental capacity to manage his or her own 
3 affairs or is adjudicated a person with a disability as 
4 defined in Section 11a-2 of the Probate Act of 1975;
5  (3) is not guilty in a criminal case by reason of 
6 insanity, mental disease or defect;
7  (3.5) is guilty but mentally ill, as provided in 
8 Section 5-2-6 of the Unified Code of Corrections; 
9  (4) is incompetent to stand trial in a criminal case; 
10  (5) is not guilty by reason of lack of mental 
11 responsibility under Articles 50a and 72b of the Uniform 
12 Code of Military Justice, 10 U.S.C. 850a, 876b;

13  (6) is a sexually violent person under subsection (f) 
14 of Section 5 of the Sexually Violent Persons Commitment 
15 Act; 
16  (7) is a sexually dangerous person under the Sexually 
17 Dangerous Persons Act; 
18  (8) is unfit to stand trial under the Juvenile Court 
19 Act of 1987; 
20  (9) is not guilty by reason of insanity under the 
21 Juvenile Court Act of 1987; 
22  (10) is subject to involuntary admission as an 
23 inpatient as defined in Section 1-119 of the Mental Health 
24 and Developmental Disabilities Code; 
25  (11) is subject to involuntary admission as an 
26 outpatient as defined in Section 1-119.1 of the Mental 
 
 
10000SB0315sam001- 4 -LRB100 05100 SLF 23226 a


1 Health and Developmental Disabilities Code; 
2  (12) is subject to judicial admission as set forth in 
3 Section 4-500 of the Mental Health and Developmental 
4 Disabilities Code; or 
5  (13) is subject to the provisions of the Interstate 
6 Agreements on Sexually Dangerous Persons Act. 
7 "Clear and present danger" means a person who:
8  (1) communicates a serious threat of physical violence 
9 against a reasonably identifiable victim or poses a clear 
10 and imminent risk of serious physical injury to himself, 
11 herself, or another person as determined by a physician, 
12 clinical psychologist, or qualified examiner; or
13  (2) demonstrates threatening physical or verbal 
14 behavior, such as violent, suicidal, or assaultive 
15 threats, actions, or other behavior, as determined by a 
16 physician, clinical psychologist, qualified examiner, 
17 school administrator, or law enforcement official.
18 "Clinical psychologist" has the meaning provided in 
19Section 1-103 of the Mental Health and Developmental 
20Disabilities Code.
21 "Controlled substance" means a controlled substance or 
22controlled substance analog as defined in the Illinois 
23Controlled Substances Act. 
24 "Counterfeit" means to copy or imitate, without legal 
25authority, with
intent
to deceive.
26 "Federally licensed firearm dealer" means a person who is 
 
 
10000SB0315sam001- 5 -LRB100 05100 SLF 23226 a


1licensed as a federal firearms dealer under Section 923 of the 
2federal Gun Control Act of 1968 (18 U.S.C. 923).


3 "Firearm" means any device, by
whatever name known, which 
4is designed to expel a projectile or projectiles
by the action 
5of an explosion, expansion of gas or escape of gas; excluding,

6however:

7  (1) any pneumatic gun, spring gun, paint ball gun, or 
8 B-B gun which
expels a single globular projectile not 
9 exceeding .18 inch in
diameter or which has a maximum 
10 muzzle velocity of less than 700 feet
per second;

11  (1.1) any pneumatic gun, spring gun, paint ball gun, or 
12 B-B gun which expels breakable paint balls containing 
13 washable marking colors; 
14  (2) any device used exclusively for signalling or 
15 safety and required or
recommended by the United States 
16 Coast Guard or the Interstate Commerce
Commission;

17  (3) any device used exclusively for the firing of stud 
18 cartridges,
explosive rivets or similar industrial 
19 ammunition; and

20  (4) an antique firearm (other than a machine-gun) 
21 which, although
designed as a weapon, the Department of 
22 State Police finds by reason of
the date of its 
23 manufacture, value, design, and other characteristics is

24 primarily a collector's item and is not likely to be used 
25 as a weapon.

26 "Firearm ammunition" means any self-contained cartridge or 
 
 
10000SB0315sam001- 6 -LRB100 05100 SLF 23226 a


1shotgun
shell, by whatever name known, which is designed to be 
2used or adaptable to
use in a firearm; excluding, however:

3  (1) any ammunition exclusively designed for use with a 
4 device used
exclusively for signalling or safety and 
5 required or recommended by the
United States Coast Guard or 
6 the Interstate Commerce Commission; and

7  (2) any ammunition designed exclusively for use with a 
8 stud or rivet
driver or other similar industrial 
9 ammunition.
10 "Gun show" means an event or function:
11  (1) at which the sale and transfer of firearms is the 
12 regular and normal course of business and where 50 or more 
13 firearms are displayed, offered, or exhibited for sale, 
14 transfer, or exchange; or
15  (2) at which not less than 10 gun show vendors display, 
16 offer, or exhibit for sale, sell, transfer, or exchange 
17 firearms.

18 "Gun show" includes the entire premises provided for an 
19event or function, including parking areas for the event or 
20function, that is sponsored to facilitate the purchase, sale, 
21transfer, or exchange of firearms as described in this Section.

22Nothing in this definition shall be construed to exclude a gun 
23show held in conjunction with competitive shooting events at 
24the World Shooting Complex sanctioned by a national governing 
25body in which the sale or transfer of firearms is authorized 
26under subparagraph (5) of paragraph (g) of subsection (A) of 
 
 
10000SB0315sam001- 7 -LRB100 05100 SLF 23226 a


1Section 24-3 of the Criminal Code of 2012. 
2 Unless otherwise expressly stated, "gun show" does not 
3include training or safety classes, competitive shooting 
4events, such as rifle, shotgun, or handgun matches, trap, 
5skeet, or sporting clays shoots, dinners, banquets, raffles, or

6any other event where the sale or transfer of firearms is not 
7the primary course of business.
8 "Gun show promoter" means a person who organizes or 
9operates a gun show.
10 "Gun show vendor" means a person who exhibits, sells, 
11offers for sale, transfers, or exchanges any firearms at a gun 
12show, regardless of whether the person arranges with a gun show 
13promoter for a fixed location from which to exhibit, sell, 
14offer for sale, transfer, or exchange any firearm.
15 "Involuntarily admitted" has the meaning as prescribed in 
16Sections 1-119 and 1-119.1 of the Mental Health and 
17Developmental Disabilities Code. 
18 "Mental health facility" means any licensed private 
19hospital or hospital affiliate, institution, or facility, or 
20part thereof, and any facility, or part thereof, operated by 
21the State or a political subdivision thereof which provide 
22treatment of persons with mental illness and includes all 
23hospitals, institutions, clinics, evaluation facilities, 
24mental health centers, colleges, universities, long-term care 
25facilities, and nursing homes, or parts thereof, which provide 
26treatment of persons with mental illness whether or not the 
 
 
10000SB0315sam001- 8 -LRB100 05100 SLF 23226 a


1primary purpose is to provide treatment of persons with mental 
2illness. 
3 "National governing body" means a group of persons who 
4adopt rules and formulate policy on behalf of a national 
5firearm sporting organization. 
6 "Patient" means: 
7  (1) a person who voluntarily receives mental health 
8 treatment as an in-patient or resident of any public or 
9 private mental health facility, unless the treatment was 
10 solely for an alcohol abuse disorder and no other secondary 
11 substance abuse disorder or mental illness; or 
12  (2) a person who voluntarily receives mental health 
13 treatment as an out-patient or is provided services by a 
14 public or private mental health facility, and who poses a 
15 clear and present danger to himself, herself, or to others. 
16 "Person with a developmental disability" means a person 
17with a disability which is attributable to any other condition 
18which results in impairment similar to that caused by an 
19intellectual disability and which requires services similar to 
20those required by persons with intellectual disabilities. The 
21disability must originate before the age of 18
years, be 
22expected to continue indefinitely, and constitute a 
23substantial disability. This disability results, in the 
24professional opinion of a physician, clinical psychologist, or 
25qualified examiner, in significant functional limitations in 3 
26or more of the following areas of major life activity:
 
 
10000SB0315sam001- 9 -LRB100 05100 SLF 23226 a


1  (i) self-care;
2  (ii) receptive and expressive language;
3  (iii) learning;
4  (iv) mobility; or
5  (v) self-direction. 
6 "Person with an intellectual disability" means a person 
7with a significantly subaverage general intellectual 
8functioning which exists concurrently with impairment in 
9adaptive behavior and which originates before the age of 18 
10years. 
11 "Physician" has the meaning as defined in Section 1-120 of 
12the Mental Health and Developmental Disabilities Code.
13 "Pre-packaged explosive components" has the same meaning 
14ascribed to the term in Section 24-4.3 of the Criminal Code of 
152012.
16 "Qualified examiner" has the meaning provided in Section 
171-122 of the Mental Health and Developmental Disabilities Code.
18 "Sanctioned competitive shooting event" means a shooting 
19contest officially recognized by a national or state shooting 
20sport association, and includes any sight-in or practice 
21conducted in conjunction with the event.


22 "School administrator" means the person required to report 
23under the School Administrator Reporting of Mental Health Clear 
24and Present Danger Determinations Law.
25 "Stun gun or taser" has the meaning ascribed to it in 
26Section 24-1 of the Criminal Code of 2012.
 
 
10000SB0315sam001- 10 -LRB100 05100 SLF 23226 a


1(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15; 99-143, 
2eff. 7-27-15; 99-642, eff. 7-28-16.)




3 (430 ILCS 65/2) (from Ch. 38, par. 83-2)


4 Sec. 2. Firearm Owner's Identification Card required; 
5exceptions. 

6 (a) (1) No person may acquire or possess any firearm, 
7pre-packaged explosive components, stun gun, or taser within 
8this State
without having in his or her possession a Firearm 
9Owner's Identification Card
previously issued in his or her 
10name by the Department of State Police under
the provisions of 
11this Act. 

12 (2) No person may acquire or possess firearm ammunition 
13within this
State without having in his or her possession a 
14Firearm Owner's Identification
Card previously issued in his or 
15her name by the Department of State Police
under the provisions 
16of this Act.

17 (b) The provisions of this Section regarding the possession 
18of firearms, firearm ammunition, stun guns, and tasers do not 
19apply to:

20  (1) United States Marshals, while engaged in the 
21 operation of their
official duties;

22  (2) Members of the Armed Forces of the United States or 
23 the National
Guard, while engaged in the operation of their 
24 official duties;

25  (3) Federal officials required to carry firearms, 
 
 
10000SB0315sam001- 11 -LRB100 05100 SLF 23226 a


1 while engaged in the
operation of their official duties;

2  (4) Members of bona fide veterans organizations which 
3 receive firearms
directly from the armed forces of the 
4 United States, while using the
firearms for ceremonial 
5 purposes with blank ammunition;

6  (5) Nonresident hunters during hunting season, with 
7 valid nonresident
hunting licenses and while in an area 
8 where hunting is permitted; however,
at all other times and 
9 in all other places these persons must have their
firearms 
10 unloaded and enclosed in a case;

11  (6) Those hunters exempt from obtaining a hunting 
12 license who are
required to submit their Firearm Owner's 
13 Identification Card when hunting
on Department of Natural 
14 Resources owned or managed sites;

15  (7) Nonresidents while on a firing or shooting range 
16 recognized by the
Department of State Police; however, 
17 these persons must at all other times
and in all other 
18 places have their firearms unloaded and enclosed in a case;


19  (8) Nonresidents while at a firearm showing or display 
20 recognized by
the Department of State Police; however, at 
21 all other times and in all
other places these persons must 
22 have their firearms unloaded and enclosed
in a case;

23  (9) Nonresidents whose firearms are unloaded and 
24 enclosed in a case;

25  (10) Nonresidents who are currently licensed or 
26 registered to possess a
firearm in their resident state;

 
 
10000SB0315sam001- 12 -LRB100 05100 SLF 23226 a


1  (11) Unemancipated minors while in the custody and 
2 immediate control of
their parent or legal guardian or 
3 other person in loco parentis to the
minor if the parent or 
4 legal guardian or other person in loco parentis to
the 
5 minor has a currently valid Firearm Owner's Identification

6 Card;

7  (12) Color guards of bona fide veterans organizations 
8 or members of bona
fide American Legion bands while using 
9 firearms for ceremonial purposes
with blank ammunition;

10  (13) Nonresident hunters whose state of residence does 
11 not require
them to be licensed or registered to possess a 
12 firearm and only during
hunting season, with valid hunting 
13 licenses, while accompanied by, and
using a firearm owned 
14 by, a person who possesses a valid Firearm Owner's

15 Identification Card and while in an area within a 
16 commercial club licensed
under the Wildlife Code where 
17 hunting is permitted and controlled, but in
no instance 
18 upon sites owned or managed by the Department of Natural

19 Resources;

20  (14) Resident hunters who are properly authorized to 
21 hunt and,
while accompanied by a person who possesses a 
22 valid Firearm Owner's
Identification Card, hunt in an area 
23 within a commercial club licensed
under the Wildlife Code 
24 where hunting is permitted and controlled;

25  (15) A person who is otherwise eligible to obtain a 
26 Firearm Owner's
Identification Card under this Act and is 
 
 
10000SB0315sam001- 13 -LRB100 05100 SLF 23226 a


1 under the direct supervision of a
holder of a Firearm

2 Owner's Identification Card who is 21 years of age or older 
3 while the person is
on a firing or shooting range
or is a

4 participant in a firearms safety and training course 
5 recognized by a law
enforcement agency or a national, 
6 statewide shooting sports organization; and

7  (16) Competitive shooting athletes whose competition 
8 firearms are sanctioned by the International Olympic 
9 Committee, the International Paralympic Committee, the 
10 International Shooting Sport Federation, or USA Shooting 
11 in connection with such athletes' training for and 
12 participation in shooting competitions at the 2016 Olympic 
13 and Paralympic Games and sanctioned test events leading up 
14 to the 2016 Olympic and Paralympic Games. 
15 (c) The provisions of this Section regarding the 
16acquisition and possession
of firearms, pre-packaged explosive 
17components, firearm ammunition, stun guns, and tasers do not 
18apply to law enforcement officials
of this or any other 
19jurisdiction, while engaged in the performance operation of 
20their
official duties.

21 (c-5) The provisions of paragraphs (1) and (2) of 
22subsection (a) of this Section regarding the possession of 
23firearms
and firearm ammunition do not apply to the holder of a 
24valid concealed carry
license issued under the Firearm 
25Concealed Carry Act who is in physical
possession of the 
26concealed carry license. 
 
 
10000SB0315sam001- 14 -LRB100 05100 SLF 23226 a


1 (c-10) The provisions of paragraph (1) of subsection (a) of 
2this Section regarding the acquisition and possession of 
3pre-packaged explosive components do not apply to:
4   (1) Members of the Armed Services or Reserves 
5 Forces of the United States or the Illinois National Guard 
6 while in the performance of their official duty. 
7   (2) Persons licensed under State and federal law to 
8 manufacture, import, or sell pre-packaged explosive 
9 components, and actually engaged in that business, but only 
10 with respect to activities which are within the lawful 
11 scope of the business, including the manufacture, 
12 transportation, or testing of pre-packaged explosive 
13 components. 
14   (3) Contractors or subcontractors engaged in the 
15 manufacture, transport, testing, delivery, transfer or 
16 sale, and lawful experimental activities under a contract 
17 or subcontract for the development and supply of the 
18 product to the United States government or any branch of 
19 the Armed Forces of the United States, when those 
20 activities are necessary and incident to fulfilling the 
21 terms of the contract. The exemption granted under this 
22 paragraph (3) shall also apply to any authorized agent of 
23 any contractor or subcontractor described in this 
24 paragraph (3) who is operating within the scope of his or 
25 her employment, when the activities involving the 
26 pre-packaged explosive components are necessary and 
 
 
10000SB0315sam001- 15 -LRB100 05100 SLF 23226 a


1 incident to fulfilling the terms of the contract. 
2   (4) Sales clerks or retail merchants selling or 
3 transferring pre-packaged explosive components. 
4 (d) Any person who becomes a resident of this State, who is 
5not otherwise prohibited from obtaining, possessing, or using a 
6firearm or firearm ammunition, shall not be required to have a 
7Firearm Owner's Identification Card to possess firearms or 
8firearms ammunition until 60 calendar days after he or she 
9obtains an Illinois driver's license or Illinois 
10Identification Card. 
11(Source: P.A. 99-29, eff. 7-10-15.)


12 (430 ILCS 65/3) (from Ch. 38, par. 83-3)
13 Sec. 3. (a) Except as provided in Section 3a, no person may 
14knowingly
transfer, or cause to be transferred, any firearm, 
15pre-packaged explosive components, firearm ammunition, stun 
16gun, or taser to any person within this State unless the

17transferee with whom he deals displays either: (1) a currently 
18valid Firearm Owner's
Identification Card which has previously 
19been issued in his or her name by the
Department of State 
20Police under the provisions of this Act; or (2) a currently 
21valid license to carry a concealed firearm which has previously 
22been issued in his or her name by the
Department of State 
23Police under the Firearm Concealed Carry Act. In addition,
all 
24firearm, pre-packaged explosive components, stun gun, and 
25taser transfers by federally licensed firearm dealers are 
 
 
10000SB0315sam001- 16 -LRB100 05100 SLF 23226 a


1subject
to Section 3.1.
2 (a-5) Any person who is not a federally licensed firearm 
3dealer and who desires to transfer or sell a firearm while that 
4person is on the grounds of a gun show must, before selling or 
5transferring the firearm, request the Department of State 
6Police to conduct a background check on the prospective 
7recipient of the firearm in accordance with Section 3.1.

8 (a-10) Notwithstanding item (2) of subsection (a) of this 
9Section, any person who is not a federally licensed firearm 
10dealer and who desires to transfer or sell a firearm or 
11firearms to any person who is not a federally licensed firearm 
12dealer shall, before selling or transferring the firearms, 
13contact the Department of State Police with the transferee's or 
14purchaser's Firearm Owner's Identification Card number to 
15determine the validity of the transferee's or purchaser's 
16Firearm Owner's Identification Card. This subsection shall not 
17be effective until January 1, 2014. The Department of State 
18Police may adopt rules concerning the implementation of this 
19subsection. The Department of State Police shall provide the 
20seller or transferor an approval number if the purchaser's 
21Firearm Owner's Identification Card is valid. Approvals issued 
22by the Department for the purchase of a firearm pursuant to 
23this subsection are valid for 30 days from the date of issue.
24 (a-15) The provisions of subsection (a-10) of this Section 
25do not apply to:
26  (1) transfers that occur at the place of business of a 
 
 
10000SB0315sam001- 17 -LRB100 05100 SLF 23226 a


1 federally licensed firearm dealer, if the federally 
2 licensed firearm dealer conducts a background check on the 
3 prospective recipient of the firearm in accordance with 
4 Section 3.1 of this Act and follows all other applicable 
5 federal, State, and local laws as if he or she were the 
6 seller or transferor of the firearm, although the dealer is 
7 not required to accept the firearm into his or her 
8 inventory. The purchaser or transferee may be required by 
9 the federally licensed firearm dealer to pay a fee not to 
10 exceed $10 per firearm, which the dealer may retain as 
11 compensation for performing the functions required under 
12 this paragraph, plus the applicable fees authorized by 
13 Section 3.1;
14  (2) transfers as a bona fide gift to the transferor's 
15 husband, wife, son, daughter, stepson, stepdaughter, 
16 father, mother, stepfather, stepmother, brother, sister, 
17 nephew, niece, uncle, aunt, grandfather, grandmother, 
18 grandson, granddaughter, father-in-law, mother-in-law, 
19 son-in-law, or daughter-in-law;
20  (3) transfers by persons acting pursuant to operation 
21 of law or a court order;
22  (4) transfers on the grounds of a gun show under 
23 subsection (a-5) of this Section;
24  (5) the delivery of a firearm by its owner to a 
25 gunsmith for service or repair, the return of the firearm 
26 to its owner by the gunsmith, or the delivery of a firearm 
 
 
10000SB0315sam001- 18 -LRB100 05100 SLF 23226 a


1 by a gunsmith to a federally licensed firearms dealer for 
2 service or repair and the return of the firearm to the 
3 gunsmith;
4  (6) temporary transfers that occur while in the home of 
5 the unlicensed transferee, if the unlicensed transferee is 
6 not otherwise prohibited from possessing firearms and the 
7 unlicensed transferee reasonably believes that possession 
8 of the firearm is necessary to prevent imminent death or 
9 great bodily harm to the unlicensed transferee;
10  (7) transfers to a law enforcement or corrections 
11 agency or a law enforcement or corrections officer acting 
12 within the course and scope of his or her official duties;
13  (8) transfers of firearms that have been rendered 
14 permanently inoperable to a nonprofit historical society, 
15 museum, or institutional collection; and
16  (9) transfers to a person who is exempt from the 
17 requirement of possessing a Firearm Owner's Identification 
18 Card under Section 2 of this Act.
19 (a-20) The Department of State Police shall develop an 
20Internet-based system for individuals to determine the 
21validity of a Firearm Owner's Identification Card prior to the 
22sale or transfer of a firearm. The Department shall have the 
23Internet-based system completed and available for use by July 
241, 2015. The Department shall adopt rules not inconsistent with 
25this Section to implement this system.
26 (b) Any person within this State who transfers or causes to 
 
 
10000SB0315sam001- 19 -LRB100 05100 SLF 23226 a


1be
transferred any firearm, pre-packaged explosive components, 
2stun gun, or taser shall keep a record of the such transfer for 
3a period
of 10 years from the date of transfer. The Such record 
4shall contain the date
of the transfer; the description, serial 
5number or other information
identifying the firearm, 
6pre-packaged explosive components, stun gun, or taser if no 
7serial number is available; and, if the
transfer was completed 
8within this State, the transferee's Firearm Owner's

9Identification Card number and any approval number or 
10documentation provided by the Department of State Police under 
11pursuant to subsection (a-10) of this Section. On or after 
12January 1, 2006, the record shall contain the date of 
13application for transfer of the firearm. On demand of a peace 
14officer the such transferor
shall produce for inspection the 
15such record of transfer. If the transfer or sale took place at 
16a gun show, the record shall include the unique identification 
17number. Failure to record the unique identification number or 
18approval number is a petty offense.

19 (b-5) Any resident may purchase ammunition from a person 
20within or outside of Illinois if shipment is by United States 
21mail or by a private express carrier authorized by federal law 
22to ship ammunition. Any resident purchasing ammunition within 
23or outside the State of Illinois must provide the seller with a 
24copy of his or her valid Firearm Owner's Identification Card or 
25valid concealed carry license and either his or her Illinois 
26driver's license or Illinois State Identification Card prior to 
 
 
10000SB0315sam001- 20 -LRB100 05100 SLF 23226 a


1the shipment of the ammunition. The ammunition may be shipped 
2only to an address on either of those 2 documents.
3 (c) The provisions of this Section regarding the transfer 
4of firearm
ammunition shall not apply to those persons 
5specified in paragraph (b) of
Section 2 of this Act.
6(Source: P.A. 98-508, eff. 8-19-13; 99-29, eff. 7-10-15.)



7 (430 ILCS 65/3.1) (from Ch. 38, par. 83-3.1)



8 Sec. 3.1. Dial up system. 
9 (a) The Department of State Police shall provide
a dial up 
10telephone system or utilize other existing technology which 
11shall be used by any federally licensed
firearm dealer, gun 
12show promoter, or gun show vendor who is to transfer a firearm, 
13stun gun, or taser under the provisions of this
Act. The 
14Department of State Police may utilize existing technology 
15which
allows the caller to be charged a fee not to exceed $2. 
16Fees collected by the Department of
State Police shall be 
17deposited in the State Police Services Fund and used
to provide 
18the service.


19 (b) Upon receiving a request from a federally licensed 
20firearm dealer, gun show promoter, or gun show vendor, the

21Department of State Police shall immediately approve, or within 
22the time
period established by Section 24-3 of the Criminal 
23Code of 2012 regarding
the delivery of firearms, stun guns, and 
24tasers notify the inquiring dealer, gun show promoter, or gun 
25show vendor of any objection that
would disqualify the 
 
 
10000SB0315sam001- 21 -LRB100 05100 SLF 23226 a


1transferee from acquiring or possessing a firearm, stun gun, or 
2taser. In
conducting the inquiry, the Department of State 
3Police shall initiate and
complete an automated search of its 
4criminal history record information
files and those of the 
5Federal Bureau of Investigation, including the
National 
6Instant Criminal Background Check System, and of the files of

7the Department of Human Services relating to mental health and

8developmental disabilities to obtain
any felony conviction or 
9patient hospitalization information which would
disqualify a 
10person from obtaining or require revocation of a currently

11valid Firearm Owner's Identification Card.
12 (c) If receipt of a firearm would not violate Section 24-3 
13of the Criminal Code of 2012, federal law, or this Act the 
14Department of State Police shall:
15  (1) assign a unique identification number to the 
16 transfer; and
17  (2) provide the licensee, gun show promoter, or gun 
18 show vendor with the number.
19 (d) Approvals issued by the Department of State Police for 
20the purchase of a firearm are valid for 30 days from the date 
21of issue.


22 (d-5) Upon receiving a request from a federally licensed 
23firearm dealer, the Department of State Police shall 
24immediately approve or disprove the delivery of pre-packaged 
25explosive components and notify the inquiring dealer of any 
26objection that would disqualify the transferee from acquiring 
 
 
10000SB0315sam001- 22 -LRB100 05100 SLF 23226 a


1or possessing pre-packaged explosive components. In conducting 
2the inquiry, the Department of State Police shall initiate and 
3complete an automated search of its criminal history record 
4information files and those of the Federal Bureau of 
5Investigation, including the National Instant Criminal 
6Background Check System, and of the files of the Department of 
7Human Services relating to mental health and developmental 
8disabilities to obtain any felony conviction or patient 
9hospitalization information which would disqualify a person 
10from obtaining or require revocation of a currently valid 
11Firearm Owner's Identification Card.
12 (d-10) If the receipt of pre-packaged explosive components 
13would not violate this Act, the Department of State Police 
14shall: 
15  (1) assign a unique identification number to the 
16 transfer; and
17  (2) provide the licensee with the number.
18 (d-15) Approvals issued by the Department of State Police 
19for the purchase of a pre-packaged explosive components are 
20valid for 30 days from the date of issue. 
21 (e) (1) The Department of State Police must act as the 
22Illinois Point of Contact
for the National Instant Criminal 
23Background Check System.
24 (2) The Department of State Police and the Department of 
25Human Services shall, in accordance with State and federal law 
26regarding confidentiality, enter into a memorandum of 
 
 
10000SB0315sam001- 23 -LRB100 05100 SLF 23226 a


1understanding with the Federal Bureau of Investigation for the 
2purpose of implementing the National Instant Criminal 
3Background Check System in the State. The Department of State 
4Police shall report the name, date of birth, and physical 
5description of any person prohibited from possessing a firearm 
6pursuant to the Firearm Owners Identification Card Act or 18 
7U.S.C. 922(g) and (n) to the National Instant Criminal 
8Background Check System Index, Denied Persons Files.


9 (3) The Department of State Police shall provide notice of 
10the disqualification of a person under subsection (b) of this 
11Section or the revocation of a person's Firearm Owner's 
12Identification Card under Section 8 or Section 8.2 of this Act, 
13and the reason for the disqualification or revocation, to all 
14law enforcement agencies with jurisdiction to assist with the 
15seizure of the person's Firearm Owner's Identification Card. 
16 (f) The Department of State Police shall adopt rules not 
17inconsistent with this Section to implement this
system.

18(Source: P.A. 98-63, eff. 7-9-13; 99-787, eff. 1-1-17.)

19 Section 10. The Criminal Code of 2012 is amended by adding 
2024-4.3 as follows:

21 (720 ILCS 5/24-4.3 new)
22 Sec. 24-4.3. Unlawful sale or delivery of pre-packaged 
23explosive components.
24 (a) A person commits unlawful sale or delivery of 
 
 
10000SB0315sam001- 24 -LRB100 05100 SLF 23226 a


1pre-packaged explosive components when he or she knowingly does 
2any of the following: 
3  (1) Sells or gives pre-packaged explosive components 
4 to a person who is disqualified under the Firearm Owners 
5 Identification Card Act.
6  (2) Sells or transfers pre-packaged explosive 
7 components to a person who does not display to the seller 
8 or transferor of the pre-packaged explosive components a 
9 currently valid Firearm Owner's Identification Card that 
10 has previously been issued in the transferee's name by the 
11 Department of State Police under the Firearm Owners 
12 Identification Card Act. This paragraph (2) does not apply 
13 to the transfer of pre-packaged explosive components to a 
14 person who is exempt from the requirement of possessing a 
15 Firearm Owner's Identification Card under Section 2 of the 
16 Firearm Owners Identification Card Act. For the purposes of 
17 this Section, a currently valid Firearm Owner's 
18 Identification Card means a Firearm Owner's Identification 
19 Card that has not expired. An approval number issued under 
20 Section 3.1 of the Firearm Owners Identification Card Act 
21 shall be proof that the Firearm Owner's Identification Card 
22 was valid.
23  (3) Sells or gives pre-packaged explosive components 
24 while engaged in the business of selling pre-packaged 
25 explosive components at wholesale or retail without being 
26 licensed as a federal firearms dealer under Section 923 of 
 
 
10000SB0315sam001- 25 -LRB100 05100 SLF 23226 a


1 the federal Gun Control Act of 1968 (18 U.S.C. 923). In 
2 this paragraph (3), a person "engaged in the business" 
3 means a person who devotes time, attention, and labor to 
4 engaging in the activity as a regular course of trade or 
5 business with the principal objective of livelihood and 
6 profit. 
7 (b) For the purposes of this Section, "pre-packaged 
8explosive components" means a pre-packaged product containing 
92 or more unmixed, commercially manufactured chemical 
10substances that are not independently classified as explosives 
11but which when mixed or combined, results in an explosive 
12material subject to regulation by the federal Bureau of 
13Alcohol, Tobacco, Firearms, and Explosives under Title 27 CFR 
14Part 555. 
15 (c) All sellers or transferors who have complied with the 
16requirements of this Section shall not be liable for damages in 
17any civil action arising from the use or misuse by the 
18transferee of the pre-packaged explosive components 
19transferred, except for willful or wanton misconduct on the 
20part of the seller or transferor.
21 (d) Sentence. Any person who is convicted of unlawful sale 
22or delivery of pre-packaged explosive components commits a 
23Class 4 felony. 



24 Section 99. Effective date. This Act takes effect July 1, 
252018.".