Verified Firearm Specifications

IL1047 — erpo : expanded

Citation: 430 ILCS 67/1, et seq

30 ILCS 67/1 Sec. 1. Short title. This Act may be cited as the Firearms Restraining Order Act. 430 ILCS 67/5 Sec. 5. Definitions. As used in this Act: "Family member of the respondent" means a spouse, parent, child, or step-child of the respondent, any other person related by blood or present marriage to the respondent, or a person who shares a common dwelling with the respondent.

IL1048 — erpo : ex parte expanded

Citation: 430 ILCS 67/5; 430 ILCS 67/35

430 ILCS 67/5 “Petitioner” means: (1) a family member of the respondent as defined in this Act; or (2) a law enforcement officer, who files a petition alleging that the respondent poses a danger of causing personal injury to himself, herself, or another by having in his or her custody or control, purchasing, possessing, or receiving a firearm.

IL1046 — dvro ex parte : expanded

Citation: IL ST CH 725 §§ 5/112A-14(14.5); 5/112A-17.5(b); 725 ILCS 5/112A-3

CH 725 § 5/112A-14(14.5): (A) A person who is subject to an existing domestic violence order of protection issued under this Code may not lawfully possess weapons under Section 8.2 of the Firearm Owners Identification Card Act.

IL1045 — mental health : adjudicated as mentally incompetent//incapacitated/disabled

Citation: 430 ILCS 65/8; 430 ILCS 65/1.1

430 ILCS 65/8: (r) A person who has been adjudicated as a person with a mental disability; (t) A person involuntarily admitted into a mental health facility.

IL1085 — dvro ex parte : expanded

Citation: IL ST CH 725 §§ 5/112A-14(14.5

(a) When a complaint is made under a request for an order of protection, that the respondent has threatened or is likely to use firearms illegally against the petitioner, and the respondent is present in court, or has failed to appear after receiving actual notice, the court shall examine on oath the petitioner, and any witnesses who may be produced.

IL1044 — dvro : expanded

Citation: 725 Ill. Comp. Stat. 5/112A-3(3); 60/214(b)(14.5)

725 Ill. Comp. Stat. 5/112A-3(3) “Family or household members” include spouses, former spouses, parents, children, stepchildren, and other persons related by blood or by present or prior marriage, persons who share or formerly shared a common dwelling, persons who have or allegedly have a child in common, persons who share or allegedly share a blood relationship through a child, persons who have or have had a dating...

IL1043 — mental health : adjudicated as mentally incompetent//incapacitated/disabled

Citation: 430 ILCS 65/1.1

“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...

IL1042 — dvro : expanded

Citation: IL ST CH 725 §§ 5/112A-14(14.5); 725 ILCS 5/112A-3

(A) A person who is subject to an existing domestic violence order of protection issued under this Code may not lawfully possess weapons under Section 8.2 of the Firearm Owners Identification Card Act. 725 Ill. Comp. Stat.

IL1087 — violent misdemeanor limited

Citation: 430 Ill. Comp. Stat. 65/8(a) (k)

§ 8. Grounds for denial and revocation. The Illinois State Police has authority to deny an application for or to revoke and seize a Firearm Owner's Identification Card previously issued under this Act only if the Illinois State Police finds that the applicant or the person to whom such card was issued is or was at the time of issuance: (a) A person under 21 years of age who has been convicted of a misdemeanor other...

IL1086 — not RAND violent misdemeanor

Citation: 430 Ill. Comp. Stat. 65/8(a)

§ 8. Grounds for denial and revocation. The Illinois State Police has authority to deny an application for or to revoke and seize a Firearm Owner's Identification Card previously issued under this Act only if the Illinois State Police finds that the applicant or the person to whom such card was issued is or was at the time of issuance: (a) A person under 21 years of age who has been convicted of a misdemeanor other...

IL1041 — mental health : determined by police to be mentally incompetent/incapacitated/disabled

Citation: 430 ILCS 65/8

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: (f) A person whose mental condition is of such a nature that it poses a clear and present danger to the applicant, any other...

IL1039 — mental health : committed to mh facility : voluntary

Citation: 430 ILCS 65/8

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: (e) A person who has been a patient of a mental health facility within the past 5 years or a person who has been a patient in a...

IL1040 — mental health : adjudicated as mentally incompetent//incapacitated/disabled

Citation: 430 ILCS 65/8

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: (f) A person who has an intellectual disability

IL1065 — lost and stolen firearms

Citation: 720 ILCS 5/24-4.1(a)

If a person who possesses a valid Firearm Owner's Identification Card and who possesses or acquires a firearm thereafter loses the firearm, or if the firearm is stolen from the person, the person must report the loss or theft to the local law enforcement agency within 72 hours after obtaining knowledge of the loss or theft.

IL1069 — tracing firearms used in crimes

Citation: 720 ILCS 5/24-8

§ 24-8. Firearm tracing. (a) Upon recovering a firearm from the possession of anyone who is not permitted by federal or State law to possess a firearm, a local law enforcement agency shall use the best available information, including a firearms trace when necessary, to determine how and from whom the person gained possession of the firearm.

IL1068 — tracing firearms used in crimes

Citation: 720 ILCS 5/24-8

(a) Upon recovering a firearm from the possession of anyone who is not permitted by federal or State law to possess a firearm, a local law enforcement agency shall use the best available information, including a firearms trace when necessary, to determine how and from whom the person gained possession of the firearm.

IL1067 — tracing firearms used in crimes

Citation: 720 ILCS 5/24-8

§ 24-8. Firearm tracing. (a) Upon recovering a firearm from the possession of anyone under 21 years of age who is not permitted by federal or State law to possess a firearm, a local law enforcement agency shall use the best available information, including a firearms trace where necessary, to determine how and from where the person under 21 years of age gained possession of the firearm.

IL1088 — prohibited

Citation: 720 ILCS 5/24-5.1

§ 24-5.1. Serialization of unfinished frames or receivers; prohibition on unserialized firearms; exceptions; penalties. (b) It is unlawful for any person to knowingly sell, offer to sell, or transfer an unserialized unfinished frame or receiver or unserialized firearm, including those produced using a three-dimensional printer, unless the party purchasing or receiving the unfinished frame or receiver or unserialized...

IL1020 — general

Citation: 720 Ill. Comp. State. 5/24-3(A)(g)

A person commits the offense of unlawful sale of firearms when he knowingly: (g) Delivers any firearm of a size which may be concealed upon the person, incidental to a sale, without withholding delivery of such firearm for at least 72 hours after application for its purchase has been made, or delivers any rifle, shotgun or other long gun, incidental to a sale, without withholding delivery of such rifle, shotgun or...

IL1021 — Waiting Periods: De facto (permit required)

Citation: 430 Ill. Comp. Stat. 65/2

No person may acquire or possess any firearm or any firearm ammunition within this State without having in his possession a Firearm Owner's Identification Card previously issued in his name by the Department of Public Safety under the provisions of this Act.

IL1032 — Waiting Periods: De facto (permit required)

Citation: 430 Ill. Comp. Stat. 65/2

No person may acquire or possess any firearm or any firearm ammunition within this State without having in his possession a Firearm Owner's Identification Card previously issued in his name by the Department of Public Safety under the provisions of this Act.

IL1019 — general

Citation: Laws 1967, § 24-3

A person commits the offense of unlawful sale of firearms when he knowingly:] Delivers any firearm, incidental to a sale, without withholding delivery of such firearm for at least 72 hours after application for its purchase has been made

IL1037 — general

Citation: Laws 1967, § 24-3

A person commits the offense of unlawful sale of firearms when he knowingly:] Delivers any firearm, incidental to a sale, without withholding delivery of such firearm for at least 72 hours after application for its purchase has been made

IN1045 — sales from dealer : federal

Citation: 18 U.S.C.A. § 922(t)(1)

Beginning on the date that is 30 days after the Attorney General notifies licensees under section 103(d) of the Brady Handgun Violence Prevention Act that the national instant criminal background check system is established, a licensed importer, licensed manufacturer, or licensed dealer shall not transfer a firearm to any other person who is not licensed under this chapter, unless- (A) before the completion of the...

IN1058 — private sales : point of sale

Citation: P.L.17-1997, SEC.9

IN1044 — sales from dealer : federal

Citation: 18 U.S.C.A. § 922(t)

Beginning on the date that is 90 days after the date of enactment of this subsection and ending on the day before the date that is 60 months after such date of enactment, it shall be unlawful for any licensed importer, licensed manufacturer, or licensed dealer to sell, deliver, or transfer a handgun to an individual who is not licensed under section 923, unless- (A) after the most recent proposal of such transfer by...

IN1002 — sales from dealer

Citation: Ind. Code Ann. § 35-47-2.5-4(a)

A dealer may not sell, rent, trade, or transfer from the dealer's inventory a handgun to a person until the dealer has done all of the following: (1) Obtained from the prospective purchaser a completed and signed Form 4473 as specified in section 3 [IC 35-47-2.5-3] of this chapter. (2) Contacted NICS: (A) by telephone; or (B) electronically; to request a background check on the prospective purchaser.

IN1057 — private sales : point of sale

Citation: IN 35-47-2-9

a) At the time of applying for the transfer of a handgun, the transferee shall complete and sign an application in triplicate in the presence of the transferor containing the following information: Date and hour of the transfer, name, full address, occupation, sex, color of eyes, color of hair, race, complexion, age, place of birth, date of birt, nationality, height, weight, build, scars and marks, and the make,...

IN1059 — shall issue (permit not required)

Citation: Ind. Code Ann. § 14-16-1-23 (b)

(b) Subsection (a)(9) does not apply to a person who is carrying a firearm: (1) if: (A) the firearm is a handgun; and (B) the person is not otherwise prohibited from possessing a firearm under state or federal law; [See notes]

IN1006 — shall issue

Citation: Ind. Code Ann. § 35-47-2-3(e)

If it appears to the superintendent that the applicant: (1) has a proper reason for carrying a handgun; (2) is of good character and reputation; (3) is a proper person to be licensed; and (4) is: (A) a citizen of the United States; or (B) not a citizen of the United States but is allowed to carry a firearm in the United States under federal law; the superintendent shall issue to the applicant a qualified or an...

IN1004 — may issue

Citation: Ind. Code Sec. 35-23-4.1 (1973)

Sec. 3. Except as provided in section 4 of this chapter, no person shall carry a handgun in any vehicle or on or about his person, except in his place of abode, on his property or fixed place of business, without a license issued under this chapter.

IN1005 — prohibited

Citation: Ind. Code Ann. Sec. 5-2345-449 (1915)

2345. Weapon-Carrying dangerous. Section 449. Every person, not being a traveler, who shall wear or carry any dirk, pistol, bowie-knife, dagger, sword in cane or any other dangerous or deadly weapon concealed, or who shall carry or wear any such weapon openly, with the intent or avowed purpose of injuring his fellowman, shall, on conviction, be fined not exceeding five hundred dollars.

IN1008 — stand your ground

Citation: Ind. Code Ann. § 35-41-3-2(c)(2)

(c) A person is justified in using reasonable force against any other person to protect the person or a third person from what the person reasonably believes to be the imminent use of unlawful force.

IN1007 — traditional

Citation: Ind. Public Law No. 148, Art. 41, Ch. 3, § 2(b)

A person is justified in using reasonable force, including force that creates a substantial risk of serious bodily injury against another person if he reasonably believes that the force is necessary to prevent or terminate the other person's unlawful entry of or attack on his dwelling or curtilage.

IN1048 — traditional

Common law castle doctrine. Common law castle doctrine was solidified in the United States throughout the 19th century. “By the beginning of the twentieth century it was well accepted in the United States that a man attacked in his own home had no duty to retreat before using deadly force, so long as he reasonably believed it necessary to save his own life.” Indeed, by the 1920s, sources note that the castle...

IN1010 — intentional, reckless, or knowing provision

Citation: Ind. Code Ann. §§ 35-47-10-6, 35-47-10-7

§ 35-47-10-6. Provision of handgun by adult to child. An adult who knowingly, intentionally, or recklessly provides a handgun to a child for any purpose other than those described in section 1 [IC 35-47-10-1] of this chapter, with or without remuneration, commits dangerous control of a handgun, a Class C felony. However, the offense is a Class B felony if the adult has a prior conviction under this section.