Bill Text: IL SB0754 | 2023-2024 | 103rd General Assembly | Engrossed

---

Bill Title: Amends the Firearm Owners Identification Card Act. Provides that no person may acquire or possess any prepackaged explosive components 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. Provides exemptions. Amends the Criminal Code of 2012. Provides that a person commits unlawful sale or delivery of prepackaged explosive components when he or she knowingly sells or gives prepackaged explosive components to a person who is disqualified under the Firearm Owner's Identification Card Act; sells or transfers prepackaged explosive components to a person who does not display to the seller or transferor of the prepackaged explosive components a currently valid Firearm Owner's Identification Card that has previously been issued in the transferee's name by the Department of State Police under the Firearm Owners Identification Card Act; or sells or gives prepackaged explosive components while engaged in the business of selling prepackaged explosive components at wholesale or retail without being licensed as a federal firearms dealer under the federal Gun Control Act of 1968. Provides that any person who is convicted of unlawful sale or delivery of prepackaged explosive components commits a Class 4 felony. Defines "prepackaged explosive components". Makes other changes. Effective July 1, 2023.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed) 2023-04-28 - Rule 19(a) / Re-referred to Rules Committee [SB0754 Detail]

Download: Illinois-2023-SB0754-Engrossed.html

---

SB0754 Engrossed LRB103 03208 BMS 48214 b
AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Firearm Owners Identification Card Act is
amended by changing Sections 1, 1.1, 2, and 3 as follows:
(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, prepackaged explosive components, stun guns, and
tasers within the State of Illinois by the establishment of a
system of Firearm Owner's Identification Cards, thereby
establishing a practical and workable system by which law
enforcement authorities will be afforded an opportunity to
identify those persons who are prohibited by Section 24-3.1 of
the Criminal Code of 2012, from acquiring or possessing
firearms and firearm ammunition and who are prohibited by this
Act from acquiring stun guns and tasers.
(Source: P.A. 97-1150, eff. 1-25-13.)
(430 ILCS 65/1.1)

SB0754 Engrossed - 2 - LRB103 03208 BMS 48214 b
Sec. 1.1. For purposes of this Act:
"Addicted to narcotics" means a person who has been:
(1) convicted of an offense involving the use or
possession of cannabis, a controlled substance, or
methamphetamine within the past year; or
(2) determined by the Illinois State Police to be
addicted to narcotics based upon federal law or federal
guidelines.
"Addicted to narcotics" does not include possession or use
of a prescribed controlled substance under the direction and
authority of a physician or other person authorized to
prescribe the controlled substance when the controlled
substance is used in the prescribed manner.
"Adjudicated as a person with a mental disability" means
the person is the subject of a determination by a court, board,
commission or other lawful authority that the person, as a
result of marked subnormal intelligence, or mental illness,
mental impairment, incompetency, condition, or disease:
(1) presents a clear and present danger to himself,
herself, or to others;
(2) lacks the mental capacity to manage his or her own
affairs or is adjudicated a person with a disability as
defined in Section 11a-2 of the Probate Act of 1975;
(3) is not guilty in a criminal case by reason of
insanity, mental disease or defect;
(3.5) is guilty but mentally ill, as provided in

SB0754 Engrossed - 3 - LRB103 03208 BMS 48214 b
Section 5-2-6 of the Unified Code of Corrections;
(4) is incompetent to stand trial in a criminal case;
(5) is not guilty by reason of lack of mental
responsibility under Articles 50a and 72b of the Uniform
Code of Military Justice, 10 U.S.C. 850a, 876b;
(6) is a sexually violent person under subsection (f)
of Section 5 of the Sexually Violent Persons Commitment
Act;
(7) is a sexually dangerous person under the Sexually
Dangerous Persons Act;
(8) is unfit to stand trial under the Juvenile Court
Act of 1987;
(9) is not guilty by reason of insanity under the
Juvenile Court Act of 1987;
(10) is subject to involuntary admission as an
inpatient as defined in Section 1-119 of the Mental Health
and Developmental Disabilities Code;
(11) is subject to involuntary admission as an
outpatient as defined in Section 1-119.1 of the Mental
Health and Developmental Disabilities Code;
(12) is subject to judicial admission as set forth in
Section 4-500 of the Mental Health and Developmental
Disabilities Code; or
(13) is subject to the provisions of the Interstate
Agreements on Sexually Dangerous Persons Act.
"Clear and present danger" means a person who:

SB0754 Engrossed - 4 - LRB103 03208 BMS 48214 b
(1) communicates a serious threat of physical violence
against a reasonably identifiable victim or poses a clear
and imminent risk of serious physical injury to himself,
herself, or another person as determined by a physician,
clinical psychologist, or qualified examiner; or
(2) demonstrates threatening physical or verbal
behavior, such as violent, suicidal, or assaultive
threats, actions, or other behavior, as determined by a
physician, clinical psychologist, qualified examiner,
school administrator, or law enforcement official.
"Clinical psychologist" has the meaning provided in
Section 1-103 of the Mental Health and Developmental
Disabilities Code.
"Controlled substance" means a controlled substance or
controlled substance analog as defined in the Illinois
Controlled Substances Act.
"Counterfeit" means to copy or imitate, without legal
authority, with intent to deceive.
"Developmental disability" means a severe, chronic
disability of an individual that:
(1) is attributable to a mental or physical impairment
or combination of mental and physical impairments;
(2) is manifested before the individual attains age
22;
(3) is likely to continue indefinitely;
(4) results in substantial functional limitations in 3

SB0754 Engrossed - 5 - LRB103 03208 BMS 48214 b
or more of the following areas of major life activity:
(A) Self-care.
(B) Receptive and expressive language.
(C) Learning.
(D) Mobility.
(E) Self-direction.
(F) Capacity for independent living.
(G) Economic self-sufficiency; and
(5) reflects the individual's need for a combination
and sequence of special, interdisciplinary, or generic
services, individualized supports, or other forms of
assistance that are of lifelong or extended duration and
are individually planned and coordinated.
"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 expels a single globular projectile not
exceeding .18 inch in diameter or which has a maximum
muzzle velocity of less than 700 feet per second;
(1.1) any pneumatic gun, spring gun, paint ball gun,
or B-B gun which expels breakable paint balls containing

SB0754 Engrossed - 6 - LRB103 03208 BMS 48214 b
washable marking colors;
(2) any device used exclusively for signaling 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 Illinois 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 signaling 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,

SB0754 Engrossed - 7 - LRB103 03208 BMS 48214 b
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. Nothing in this definition shall be construed to
exclude a gun show held in conjunction with competitive
shooting events at the World Shooting Complex sanctioned by a
national governing body in which the sale or transfer of
firearms is authorized under subparagraph (5) of paragraph (g)
of subsection (A) of Section 24-3 of the Criminal Code of 2012.
Unless otherwise expressly stated, "gun show" does not
include training or safety classes, competitive shooting
events, such as rifle, shotgun, or handgun matches, trap,
skeet, or sporting clays shoots, dinners, banquets, raffles,
or any other event where the sale or transfer of firearms is
not the primary course of business.
"Gun show promoter" means a person who organizes or
operates a gun show.
"Gun show vendor" means a person who exhibits, sells,
offers for sale, transfers, or exchanges any firearms at a gun
show, regardless of whether the person arranges with a gun
show promoter for a fixed location from which to exhibit,

SB0754 Engrossed - 8 - LRB103 03208 BMS 48214 b
sell, offer for sale, transfer, or exchange any firearm.
"Intellectual disability" means significantly subaverage
general intellectual functioning, existing concurrently with
deficits in adaptive behavior and manifested during the
developmental period, which is defined as before the age of
22, that adversely affects a child's educational performance.
"Involuntarily admitted" has the meaning as prescribed in
Sections 1-119 and 1-119.1 of the Mental Health and
Developmental Disabilities Code.
"Mental health facility" means any licensed private
hospital or hospital affiliate, institution, or facility, or
part thereof, and any facility, or part thereof, operated by
the State or a political subdivision thereof which provides
treatment of persons with mental illness and includes all
hospitals, institutions, clinics, evaluation facilities,
mental health centers, colleges, universities, long-term care
facilities, and nursing homes, or parts thereof, which provide
treatment of persons with mental illness whether or not the
primary purpose is to provide treatment of persons with mental
illness.
"National governing body" means a group of persons who
adopt rules and formulate policy on behalf of a national
firearm sporting organization.
"Noncitizen" means a person who is not a citizen of the
United States, but is a person who is a foreign-born person who
lives in the United States, has not been naturalized, and is

SB0754 Engrossed - 9 - LRB103 03208 BMS 48214 b
still a citizen of a foreign country.
"Patient" means:
(1) a person who is admitted as an inpatient or
resident of a public or private mental health facility for
mental health treatment under Chapter III of the Mental
Health and Developmental Disabilities Code as an informal
admission, a voluntary admission, a minor admission, an
emergency admission, or an involuntary admission, unless
the treatment was solely for an alcohol abuse disorder; or
(2) a person who voluntarily or involuntarily receives
mental health treatment as an out-patient or is otherwise
provided services by a public or private mental health
facility and who poses a clear and present danger to
himself, herself, or others.
"Physician" has the meaning as defined in Section 1-120 of
the Mental Health and Developmental Disabilities Code.
"Prepackaged explosive components" has the same meaning
ascribed to the term in Section 24-4.3 of the Criminal Code of
2012.
"Protective order" means any orders of protection issued
under the Illinois Domestic Violence Act of 1986, stalking no
contact orders issued under the Stalking No Contact Order Act,
civil no contact orders issued under the Civil No Contact
Order Act, and firearms restraining orders issued under the
Firearms Restraining Order Act or a substantially similar
order issued by the court of another state, tribe, or United

SB0754 Engrossed - 10 - LRB103 03208 BMS 48214 b
States territory or military tribunal.
"Qualified examiner" has the meaning provided in Section
1-122 of the Mental Health and Developmental Disabilities
Code.
"Sanctioned competitive shooting event" means a shooting
contest officially recognized by a national or state shooting
sport association, and includes any sight-in or practice
conducted in conjunction with the event.
"School administrator" means the person required to report
under the School Administrator Reporting of Mental Health
Clear and Present Danger Determinations Law.
"Stun gun or taser" has the meaning ascribed to it in
Section 24-1 of the Criminal Code of 2012.
(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
102-813, eff. 5-13-22; 102-890, eff. 5-19-22; 102-972, eff.
1-1-23; 102-1030, eff. 5-27-22; revised 12-14-22.)
(430 ILCS 65/2) (from Ch. 38, par. 83-2)
Sec. 2. Firearm Owner's Identification Card required;
exceptions.
(a) (1) No person may acquire or possess any firearm,
prepackaged explosive components, stun gun, or taser within
this State without having in his or her possession a Firearm
Owner's Identification Card previously issued in his or her
name by the Illinois State Police under the provisions of this
Act.

SB0754 Engrossed - 11 - LRB103 03208 BMS 48214 b
(2) No person may acquire or possess firearm ammunition
within this State without having in his or her possession a
Firearm Owner's Identification Card previously issued in his
or her name by the Illinois State Police under the provisions
of this Act.
(b) The provisions of this Section regarding the
possession of firearms, firearm ammunition, stun guns, and
tasers do not apply to:
(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

SB0754 Engrossed - 12 - LRB103 03208 BMS 48214 b
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 Illinois 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 Illinois 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

SB0754 Engrossed - 13 - LRB103 03208 BMS 48214 b
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,
prepackaged explosive components, stun guns, and tasers do not
apply to law enforcement officials of this or any other
jurisdiction, while engaged in the performance operation of
their official duties.

SB0754 Engrossed - 14 - LRB103 03208 BMS 48214 b
(c-5) The provisions of paragraphs (1) and (2) of
subsection (a) of this Section regarding the possession of
firearms and firearm ammunition do not apply to the holder of a
valid concealed carry license issued under the Firearm
Concealed Carry Act who is in physical possession of the
concealed carry license.
(c-10) The provisions of paragraph (1) of subsection (a)
of this Section regarding the acquisition and possession of
prepackaged explosive components do not apply to:
(1) Members of the Armed Services or Reserves
Forces of the United States or the Illinois National Guard
while in the performance of their official duty.
(2) Persons licensed under State and federal law
to manufacture, import, or sell prepackaged explosive
components, and actually engaged in that business, but
only with respect to activities which are within the
lawful scope of the business, including the manufacture,
transportation, or testing of prepackaged explosive
components.
(3) Contractors or subcontractors engaged in the
manufacture, transport, testing, delivery, transfer or
sale, and lawful experimental activities under a contract
or subcontract for the development and supply of the
product to the United States government or any branch of
the Armed Forces of the United States, when those
activities are necessary and incident to fulfilling the

SB0754 Engrossed - 15 - LRB103 03208 BMS 48214 b
terms of the contract. The exemption granted under this
paragraph (3) shall also apply to any authorized agent of
any contractor or subcontractor described in this
paragraph (3) who is operating within the scope of his or
her employment, when the activities involving the
prepackaged explosive components are necessary and
incident to fulfilling the terms of the contract.
(4) Sales clerks or retail merchants selling or
transferring prepackaged explosive components.
(d) Any person who becomes a resident of this State, who is
not otherwise prohibited from obtaining, possessing, or using
a firearm or firearm ammunition, shall not be required to have
a Firearm Owner's Identification Card to possess firearms or
firearms ammunition until 60 calendar days after he or she
obtains an Illinois driver's license or Illinois
Identification Card.
(Source: P.A. 102-538, eff. 8-20-21; 102-1116, eff. 1-10-23.)
(430 ILCS 65/3) (from Ch. 38, par. 83-3)
(Text of Section before amendment by P.A. 102-237)
Sec. 3. (a) Except as provided in Section 3a, no person may
knowingly transfer, or cause to be transferred, any firearm,
firearm ammunition, prepackaged explosive components, stun
gun, or taser to any person within this State unless the
transferee with whom he deals displays either: (1) a currently
valid Firearm Owner's Identification Card which has previously

SB0754 Engrossed - 16 - LRB103 03208 BMS 48214 b
been issued in his or her name by the Illinois State Police
under the provisions of this Act; or (2) a currently valid
license to carry a concealed firearm which has previously been
issued in his or her name by the Illinois State Police under
the Firearm Concealed Carry Act. In addition, all firearm,
stun gun, and taser transfers by federally licensed firearm
dealers are subject to Section 3.1.
(a-5) Any person who is not a federally licensed firearm
dealer and who desires to transfer or sell a firearm while that
person is on the grounds of a gun show must, before selling or
transferring the firearm, request the Illinois State Police to
conduct a background check on the prospective recipient of the
firearm in accordance with Section 3.1.
(a-10) Notwithstanding item (2) of subsection (a) of this
Section, any person who is not a federally licensed firearm
dealer and who desires to transfer or sell a firearm or
firearms to any person who is not a federally licensed firearm
dealer shall, before selling or transferring the firearms,
contact a federal firearm license dealer under paragraph (1)
of subsection (a-15) of this Section to conduct the transfer
or the Illinois State Police with the transferee's or
purchaser's Firearm Owner's Identification Card number to
determine the validity of the transferee's or purchaser's
Firearm Owner's Identification Card under State and federal
law including the National Instant Criminal Background Check
System. This subsection shall not be effective until July 1,

SB0754 Engrossed - 17 - LRB103 03208 BMS 48214 b
2023. Until that date the transferor shall contact the
Illinois State Police with the transferee's or purchaser's
Firearm Owner's Identification Card number to determine the
validity of the card. The Illinois State Police may adopt
rules concerning the implementation of this subsection. The
Illinois State Police shall provide the seller or transferor
an approval number if the purchaser's Firearm Owner's
Identification Card is valid. Approvals issued by the Illinois
State Police for the purchase of a firearm pursuant to this
subsection are valid for 30 days from the date of issue.
(a-15) The provisions of subsection (a-10) of this Section
do not apply to:
(1) transfers that occur at the place of business of a
federally licensed firearm dealer, if the federally
licensed firearm dealer conducts a background check on the
prospective recipient of the firearm in accordance with
Section 3.1 of this Act and follows all other applicable
federal, State, and local laws as if he or she were the
seller or transferor of the firearm, although the dealer
is not required to accept the firearm into his or her
inventory. The purchaser or transferee may be required by
the federally licensed firearm dealer to pay a fee not to
exceed $25 per firearm, which the dealer may retain as
compensation for performing the functions required under
this paragraph, plus the applicable fees authorized by
Section 3.1;

SB0754 Engrossed - 18 - LRB103 03208 BMS 48214 b
(2) transfers as a bona fide gift to the transferor's
husband, wife, son, daughter, stepson, stepdaughter,
father, mother, stepfather, stepmother, brother, sister,
nephew, niece, uncle, aunt, grandfather, grandmother,
grandson, granddaughter, father-in-law, mother-in-law,
son-in-law, or daughter-in-law;
(3) transfers by persons acting pursuant to operation
of law or a court order;
(4) transfers on the grounds of a gun show under
subsection (a-5) of this Section;
(5) the delivery of a firearm by its owner to a
gunsmith for service or repair, the return of the firearm
to its owner by the gunsmith, or the delivery of a firearm
by a gunsmith to a federally licensed firearms dealer for
service or repair and the return of the firearm to the
gunsmith;
(6) temporary transfers that occur while in the home
of the unlicensed transferee, if the unlicensed transferee
is not otherwise prohibited from possessing firearms and
the unlicensed transferee reasonably believes that
possession of the firearm is necessary to prevent imminent
death or great bodily harm to the unlicensed transferee;
(7) transfers to a law enforcement or corrections
agency or a law enforcement or corrections officer acting
within the course and scope of his or her official duties;
(8) transfers of firearms that have been rendered

SB0754 Engrossed - 19 - LRB103 03208 BMS 48214 b
permanently inoperable to a nonprofit historical society,
museum, or institutional collection; and
(9) transfers to a person who is exempt from the
requirement of possessing a Firearm Owner's Identification
Card under Section 2 of this Act.
(a-20) The Illinois State Police shall develop an
Internet-based system for individuals to determine the
validity of a Firearm Owner's Identification Card prior to the
sale or transfer of a firearm. The Illinois State Police shall
have the Internet-based system updated and available for use
by January 1, 2024. The Illinois State Police shall adopt
rules not inconsistent with this Section to implement this
system, but no rule shall allow the Illinois State Police to
retain records in contravention of State and federal law.
(a-25) On or before January 1, 2022, the Illinois State
Police shall develop an Internet-based system upon which the
serial numbers of firearms that have been reported stolen are
available for public access for individuals to ensure any
firearms are not reported stolen prior to the sale or transfer
of a firearm under this Section. The Illinois State Police
shall have the Internet-based system completed and available
for use by July 1, 2022. The Illinois State Police shall adopt
rules not inconsistent with this Section to implement this
system.
(b) Any person within this State who transfers or causes
to be transferred any firearm, prepackaged explosive

SB0754 Engrossed - 20 - LRB103 03208 BMS 48214 b
components, stun gun, or taser shall keep a record of the such
transfer for a period of 10 years from the date of transfer.
Any person within this State who receives any firearm,
prepackaged explosive components, stun gun, or taser pursuant
to subsection (a-10) shall provide a record of the transfer
within 10 days of the transfer to a federally licensed firearm
dealer and shall not be required to maintain a transfer
record. The federally licensed firearm dealer shall maintain
the transfer record for 20 years from the date of receipt. A
federally licensed firearm dealer may charge a fee not to
exceed $25 to retain the record. The record shall be provided
and maintained in either an electronic or paper format. The
federally licensed firearm dealer shall not be liable for the
accuracy of any information in the transfer record submitted
pursuant to this Section. Such records shall contain the date
of the transfer; the description, serial number or other
information identifying the firearm, prepackaged explosive
components, stun gun, or taser if no serial number is
available; and, if the transfer was completed within this
State, the transferee's Firearm Owner's Identification Card
number and any approval number or documentation provided by
the Illinois State Police under pursuant to subsection (a-10)
of this Section; if the transfer was not completed within this
State, the record shall contain the name and address of the
transferee. On or after January 1, 2006, the record shall
contain the date of application for transfer of the firearm.

SB0754 Engrossed - 21 - LRB103 03208 BMS 48214 b
On demand of a peace officer the such transferor shall produce
for inspection such record of transfer. For any transfer
pursuant to subsection (a-10) of this Section, on the demand
of a peace officer, the such transferee shall identify the
federally licensed firearm dealer maintaining the transfer
record. If the transfer or sale took place at a gun show, the
record shall include the unique identification number. Failure
to record the unique identification number or approval number
is a petty offense. For transfers of a firearm, prepackaged
explosive components, stun gun, or taser made on or after
January 18, 2019 (the effective date of Public Act 100-1178),
failure by the private seller to maintain the transfer records
in accordance with this Section, or failure by a transferee
pursuant to subsection a-10 of this Section to identify the
federally licensed firearm dealer maintaining the transfer
record, is a Class A misdemeanor for the first offense and a
Class 4 felony for a second or subsequent offense occurring
within 10 years of the first offense and the second offense was
committed after conviction of the first offense. Whenever any
person who has not previously been convicted of any violation
of subsection (a-5), the court may grant supervision pursuant
to and consistent with the limitations of Section 5-6-1 of the
Unified Code of Corrections. A transferee or transferor shall
not be criminally liable under this Section provided that he
or she provides the Illinois State Police with the transfer
records in accordance with procedures established by the

SB0754 Engrossed - 22 - LRB103 03208 BMS 48214 b
Illinois State Police. The Illinois State Police shall
establish, by rule, a standard form on its website.
(b-5) Any resident may purchase ammunition from a person
within or outside of Illinois if shipment is by United States
mail or by a private express carrier authorized by federal law
to ship ammunition. Any resident purchasing ammunition within
or outside the State of Illinois must provide the seller with a
copy of his or her valid Firearm Owner's Identification Card
or valid concealed carry license and either his or her
Illinois driver's license or Illinois State Identification
Card prior to the shipment of the ammunition. The ammunition
may be shipped only to an address on either of those 2
documents.
(c) The provisions of this Section regarding the transfer
of firearm ammunition shall not apply to those persons
specified in paragraph (b) of Section 2 of this Act.
(Source: P.A. 102-538, eff. 8-20-21; 102-813, eff. 5-13-22;
102-1116, eff. 1-10-23.)
(Text of Section after amendment by P.A. 102-237)
Sec. 3. (a) Except as provided in Section 3a, no person may
knowingly transfer, or cause to be transferred, any firearm,
firearm ammunition, prepackaged explosive components, stun
gun, or taser to any person within this State unless the
transferee with whom he deals displays either: (1) a currently
valid Firearm Owner's Identification Card which has previously

SB0754 Engrossed - 23 - LRB103 03208 BMS 48214 b
been issued in his or her name by the Illinois State Police
under the provisions of this Act; or (2) a currently valid
license to carry a concealed firearm which has previously been
issued in his or her name by the Illinois State Police under
the Firearm Concealed Carry Act. In addition, all firearm,
stun gun, and taser transfers by federally licensed firearm
dealers are subject to Section 3.1.
(a-5) Any person who is not a federally licensed firearm
dealer and who desires to transfer or sell a firearm while that
person is on the grounds of a gun show must, before selling or
transferring the firearm, request the Illinois State Police to
conduct a background check on the prospective recipient of the
firearm in accordance with Section 3.1.
(a-10) Notwithstanding item (2) of subsection (a) of this
Section, any person who is not a federally licensed firearm
dealer and who desires to transfer or sell a firearm or
firearms to any person who is not a federally licensed firearm
dealer shall, before selling or transferring the firearms,
contact a federal firearm license dealer under paragraph (1)
of subsection (a-15) of this Section to conduct the transfer
or the Illinois State Police with the transferee's or
purchaser's Firearm Owner's Identification Card number to
determine the validity of the transferee's or purchaser's
Firearm Owner's Identification Card under State and federal
law, including the National Instant Criminal Background Check
System. This subsection shall not be effective until July 1,

SB0754 Engrossed - 24 - LRB103 03208 BMS 48214 b
2023. Until that date the transferor shall contact the
Illinois State Police with the transferee's or purchaser's
Firearm Owner's Identification Card number to determine the
validity of the card. The Illinois State Police may adopt
rules concerning the implementation of this subsection. The
Illinois State Police shall provide the seller or transferor
an approval number if the purchaser's Firearm Owner's
Identification Card is valid. Approvals issued by the Illinois
State Police for the purchase of a firearm pursuant to this
subsection are valid for 30 days from the date of issue.
(a-15) The provisions of subsection (a-10) of this Section
do not apply to:
(1) transfers that occur at the place of business of a
federally licensed firearm dealer, if the federally
licensed firearm dealer conducts a background check on the
prospective recipient of the firearm in accordance with
Section 3.1 of this Act and follows all other applicable
federal, State, and local laws as if he or she were the
seller or transferor of the firearm, although the dealer
is not required to accept the firearm into his or her
inventory. The purchaser or transferee may be required by
the federally licensed firearm dealer to pay a fee not to
exceed $25 per firearm, which the dealer may retain as
compensation for performing the functions required under
this paragraph, plus the applicable fees authorized by
Section 3.1;

SB0754 Engrossed - 25 - LRB103 03208 BMS 48214 b
(2) transfers as a bona fide gift to the transferor's
husband, wife, son, daughter, stepson, stepdaughter,
father, mother, stepfather, stepmother, brother, sister,
nephew, niece, uncle, aunt, grandfather, grandmother,
grandson, granddaughter, father-in-law, mother-in-law,
son-in-law, or daughter-in-law;
(3) transfers by persons acting pursuant to operation
of law or a court order;
(4) transfers on the grounds of a gun show under
subsection (a-5) of this Section;
(5) the delivery of a firearm by its owner to a
gunsmith for service or repair, the return of the firearm
to its owner by the gunsmith, or the delivery of a firearm
by a gunsmith to a federally licensed firearms dealer for
service or repair and the return of the firearm to the
gunsmith;
(6) temporary transfers that occur while in the home
of the unlicensed transferee, if the unlicensed transferee
is not otherwise prohibited from possessing firearms and
the unlicensed transferee reasonably believes that
possession of the firearm is necessary to prevent imminent
death or great bodily harm to the unlicensed transferee;
(7) transfers to a law enforcement or corrections
agency or a law enforcement or corrections officer acting
within the course and scope of his or her official duties;
(8) transfers of firearms that have been rendered

SB0754 Engrossed - 26 - LRB103 03208 BMS 48214 b
permanently inoperable to a nonprofit historical society,
museum, or institutional collection; and
(9) transfers to a person who is exempt from the
requirement of possessing a Firearm Owner's Identification
Card under Section 2 of this Act.
(a-20) The Illinois State Police shall develop an
Internet-based system for individuals to determine the
validity of a Firearm Owner's Identification Card prior to the
sale or transfer of a firearm. The Illinois State Police shall
have the Internet-based system updated and available for use
by January 1, 2024. The Illinois State Police shall adopt
rules not inconsistent with this Section to implement this
system; but no rule shall allow the Illinois State Police to
retain records in contravention of State and federal law.
(a-25) On or before January 1, 2022, the Illinois State
Police shall develop an Internet-based system upon which the
serial numbers of firearms that have been reported stolen are
available for public access for individuals to ensure any
firearms are not reported stolen prior to the sale or transfer
of a firearm under this Section. The Illinois State Police
shall have the Internet-based system completed and available
for use by July 1, 2022. The Illinois State Police shall adopt
rules not inconsistent with this Section to implement this
system.
(b) Any person within this State who transfers or causes
to be transferred any firearm, prepackaged explosive

SB0754 Engrossed - 27 - LRB103 03208 BMS 48214 b
components, stun gun, or taser shall keep a record of such
transfer for a period of 10 years from the date of transfer.
Any person within this State who receives any firearm,
prepackaged explosive components, stun gun, or taser pursuant
to subsection (a-10) shall provide a record of the transfer
within 10 days of the transfer to a federally licensed firearm
dealer and shall not be required to maintain a transfer
record. The federally licensed firearm dealer shall maintain
the transfer record for 20 years from the date of receipt. A
federally licensed firearm dealer may charge a fee not to
exceed $25 to retain the record. The record shall be provided
and maintained in either an electronic or paper format. The
federally licensed firearm dealer shall not be liable for the
accuracy of any information in the transfer record submitted
pursuant to this Section. Such records shall contain the date
of the transfer; the description, serial number or other
information identifying the firearm, prepackaged explosive
components, stun gun, or taser if no serial number is
available; and, if the transfer was completed within this
State, the transferee's Firearm Owner's Identification Card
number and any approval number or documentation provided by
the Illinois State Police pursuant to subsection (a-10) of
this Section; if the transfer was not completed within this
State, the record shall contain the name and address of the
transferee. On or after January 1, 2006, the record shall
contain the date of application for transfer of the firearm.

SB0754 Engrossed - 28 - LRB103 03208 BMS 48214 b
On demand of a peace officer the such transferor shall produce
for inspection the such record of transfer. For any transfer
pursuant to subsection (a-10) of this Section, on the demand
of a peace officer, the such transferee shall identify the
federally licensed firearm dealer maintaining the transfer
record. If the transfer or sale took place at a gun show, the
record shall include the unique identification number. Failure
to record the unique identification number or approval number
is a petty offense. For transfers of a firearm, stun gun, or
taser made on or after January 18, 2019 (the effective date of
Public Act 100-1178), failure by the private seller to
maintain the transfer records in accordance with this Section,
or failure by a transferee pursuant to subsection a-10 of this
Section to identify the federally licensed firearm dealer
maintaining the transfer record, is a Class A misdemeanor for
the first offense and a Class 4 felony for a second or
subsequent offense occurring within 10 years of the first
offense and the second offense was committed after conviction
of the first offense. Whenever any person who has not
previously been convicted of any violation of subsection
(a-5), the court may grant supervision pursuant to and
consistent with the limitations of Section 5-6-1 of the
Unified Code of Corrections. A transferee or transferor shall
not be criminally liable under this Section provided that he
or she provides the Illinois State Police with the transfer
records in accordance with procedures established by the

SB0754 Engrossed - 29 - LRB103 03208 BMS 48214 b
Illinois State Police. The Illinois State Police shall
establish, by rule, a standard form on its website.
(b-5) Any resident may purchase ammunition from a person
within or outside of Illinois if shipment is by United States
mail or by a private express carrier authorized by federal law
to ship ammunition. Any resident purchasing ammunition within
or outside the State of Illinois must provide the seller with a
copy of his or her valid Firearm Owner's Identification Card
or valid concealed carry license and either his or her
Illinois driver's license or Illinois State Identification
Card prior to the shipment of the ammunition. The ammunition
may be shipped only to an address on either of those 2
documents.
(c) The provisions of this Section regarding the transfer
of firearm ammunition shall not apply to those persons
specified in paragraph (b) of Section 2 of this Act.
(Source: P.A. 102-237, eff. 1-1-24; 102-538, eff. 8-20-21;
102-813, eff. 5-13-22; 102-1116, eff. 1-10-23.)
Section 10. The Criminal Code of 2012 is amended by adding
Section 24-4.3 as follows:
(720 ILCS 5/24-4.3 new)
Sec. 24-4.3. Unlawful sale or delivery of prepackaged
explosive components.
(a) A person commits unlawful sale or delivery of

SB0754 Engrossed - 30 - LRB103 03208 BMS 48214 b
prepackaged explosive components when he or she knowingly does
any of the following:
(1) Sells or gives prepackaged explosive components to
a person who is disqualified under the Firearm Owners
Identification Card Act.
(2) Sells or transfers prepackaged explosive
components to a person who does not display to the seller
or transferor of the prepackaged explosive components a
currently valid Firearm Owner's Identification Card that
has previously been issued in the transferee's name by the
Department of State Police under the Firearm Owners
Identification Card Act. This paragraph (2) does not apply
to the transfer of prepackaged explosive components to a
person who is exempt from the requirement of possessing a
Firearm Owner's Identification Card under Section 2 of the
Firearm Owners Identification Card Act. For the purposes
of this Section, a currently valid Firearm Owner's
Identification Card means a Firearm Owner's Identification
Card that has not expired.
(3) Sells or gives prepackaged explosive components
while engaged in the business of selling prepackaged
explosive components at wholesale or retail without being
licensed as a federal firearms dealer under Section 923 of
the federal Gun Control Act of 1968 (18 U.S.C. 923). In
this paragraph (3), a person "engaged in the business"
means a person who devotes time, attention, and labor to

SB0754 Engrossed - 31 - LRB103 03208 BMS 48214 b
engaging in the activity as a regular course of trade or
business with the principal objective of livelihood and
profit.
(b) For the purposes of this Section, "prepackaged
explosive components" means a prepackaged product containing 2
or more unmixed, commercially manufactured chemical substances
that are not independently classified as explosives but which,
when mixed or combined, results in an explosive material
subject to regulation by the federal Bureau of Alcohol,
Tobacco, Firearms, and Explosives under Title 27 CFR Part 555.
(c) All sellers or transferors who have complied with the
requirements of this Section shall not be liable for damages
in any civil action arising from the use or misuse by the
transferee of the prepackaged explosive components
transferred, except for willful or wanton misconduct on the
part of the seller or transferor.
(d) Sentence. Any person who is convicted of unlawful sale
or delivery of prepackaged explosive components commits a
Class 4 felony.
Section 95. No acceleration or delay. Where this Act makes
changes in a statute that is represented in this Act by text
that is not yet or no longer in effect (for example, a Section
represented by multiple versions), the use of that text does
not accelerate or delay the taking effect of (i) the changes
made by this Act or (ii) provisions derived from any other

SB0754 Engrossed - 32 - LRB103 03208 BMS 48214 b
Public Act.
Section 99. Effective date. This Act takes effect July 1,
2023.