Section 1230.10 Definitions

Section 1230

Section 1230.10  Definitions

Terms defined in the Firearm Owners

Identification Card Act [430 ILCS 65/1.1] and Section 24-1.9 and 1.10 of the

Criminal Code of 2012 [720 ILCS 5/24-1.9 and 720 ILCS 5/24-1.10] have the same

meanings when used in this Part. The following additional definitions also

apply to this Part, unless the context clearly requires a different meaning:

"Act"

means Firearm Owners Identification Card Act [430 ILCS 65].

"Active"

means the Firearm Owner's Identification Card is active in the online FOID/FCCL

system and valid for purposes of acquiring and possessing firearms and firearms

ammunition.

"Antique

firearm" shall have the meaning ascribed to it in 18 U.S.C. 921(a)(16),

i.e.:

any firearm,

including any firearm with a matchlock, flintlock, percussion cap, or similar

type of ignition system, manufactured in or before 1898; or

any replica of

any firearm described in the previous paragraph if the replica:

is not

designed or redesigned for using rimfire or conventional centerfire fixed

ammunition; or

uses rimfire

or conventional centerfire fixed ammunition that is no longer manufactured in

the United States and that is not readily available in the ordinary channels of

commercial trade; or

any muzzle-loading

rifle, muzzle-loading shotgun, or muzzle-loading pistol that is designed to use

black powder or a black powder substitute and that cannot use fixed ammunition.

The term "antique

firearm" shall not include any weapon that incorporates a firearm frame or

receiver, any firearm that is converted into a muzzle-loading weapon, or any muzzle-loading

weapon that can be readily converted to fire fixed ammunition by replacing the

barrel, bolt, breechblock or any combination of these.

"Applicant"

means a person who has submitted an application for a Firearm Owner's

Identification Card.

"Assault

Weapon" means a firearm that meets the definition of an assault weapon as

set forth in Section 24-1.9 of the Criminal Code of 2012 [720 ILCS

5/24-1.9(a)(1)]

hat can be readily converted to fire fixed ammunition by replacing the

barrel, bolt, breechblock or any combination of these.

"Applicant"

means a person who has submitted an application for a Firearm Owner's

Identification Card.

"Assault

Weapon" means a firearm that meets the definition of an assault weapon as

set forth in Section 24-1.9 of the Criminal Code of 2012 [720 ILCS

5/24-1.9(a)(1)]. For additional guidance see Appendix A.

"Assault Weapon Attachment"

means any device capable of being attached to a firearm that is specifically

designed for making or converting a firearm into any of the firearms listed in

the Act.  For example,

a pistol grip or thumbhole stock;

any feature capable of functioning

as a protruding grip that can be held by the non-trigger hand;

a folding, telescoping, thumbhole,

or detachable stock, or a stock that is otherwise foldable or adjustable in a

manner that operates to reduce the length, size, or any other dimension, or

otherwise enhances the concealability of, the weapon;

a flash suppressor;

a grenade launcher;

barrel shroud;

a threaded barrel; and

a buffer tube, arm brace, or other

part that protrudes horizontally behind the pistol grip and is designed or

redesigned to allow or facilitate a firearm to be fired from the shoulder.

"Assault weapon attachments"

do not include integral parts, components of an assault weapon, or other items

not specifically designed for a firearm, for example items specifically

designed for an airsoft gun.  Rather they are supplementary items that can be

attached to assault weapons.  If a person were to attach parts specifically

designed for an airsoft gun to a firearm thereby bringing the firearm within

the definition of assault weapon under PICA, the firearm, not the attachment,

would be regulated.

"ATF"

means the federal Bureau of Alcohol, Tobacco, Firearms and Explosives

for an airsoft gun.  Rather they are supplementary items that can be

attached to assault weapons.  If a person were to attach parts specifically

designed for an airsoft gun to a firearm thereby bringing the firearm within

the definition of assault weapon under PICA, the firearm, not the attachment,

would be regulated.

"ATF"

means the federal Bureau of Alcohol, Tobacco, Firearms and Explosives.

"Barrel Shroud" means a

component added to the rifle that was not part of the original design that is

attached to the barrel or that partially or completely encircles the barrel,

allowing the bearer to hold the firearm with the non-trigger hand without being

burned.  Barrel shroud does not include a handguard that is designed as part of

the stock regardless of whether the stock is a one-piece wood or plastic unit

or a multi-piece set.

"Capacity" means the

total number of rounds that can be used at the maximum identified chambered

sized round.

"Criminal

Justice System Employee" includes law enforcement officials, courts, State's

Attorneys, probation officers, parole officers, and federal law enforcement

officials.

"Department"

means the Illinois State Police.

"Designator"

means an indication printed on the face of a FOID Card that the card holder has

been issued an FCCL.

"Director"

means the Director of the Illinois State Police or the Director's designee.

"Endorsement

Affidavit" means an affidavit electronically executed through the online

FOID/FCCL System that registers an assault weapon, assault weapon attachment,

.50 caliber rifle, or .50 caliber cartridge, with the Department as required by

Section 24-1.9(d) of the Criminal Code of 2012 [720 ILCS 5/24-1.9(d)].

"FCCL"

means Firearm Concealed Carry License pursuant to the Firearm Concealed Carry

Act [

430 ILCS 66]

, which may

be indicated as a Designator printed on the face of a FOID Card.

"FFL"

means a person or business who has been issued a Federal Firearms License by

the federal Bureau of Alcohol, Tobacco, Firearms and Explosives

tion 24-1.9(d) of the Criminal Code of 2012 [720 ILCS 5/24-1.9(d)].

"FCCL"

means Firearm Concealed Carry License pursuant to the Firearm Concealed Carry

Act [

430 ILCS 66]

, which may

be indicated as a Designator printed on the face of a FOID Card.

"FFL"

means a person or business who has been issued a Federal Firearms License by

the federal Bureau of Alcohol, Tobacco, Firearms and Explosives.

"Felony

Indictment" shall mean an indictment for a crime punishable by

imprisonment for a term exceeding one year pursuant to 18 U.S.C. 922(d)(1) and

(n).

"Flash Suppressor" means

a muzzle attachment designed to reduce muzzle flash. A flash suppressor may

also be referred to as a flash hider but does not include a muzzle brake.

"FOID

Card" means the Firearm Owner's Identification Card as defined in Section

6 of the Act, which may include an FCCL Designator printed on the face of the

card.

"Having Possessed

Such Items Prior to January 10, 2023" means persons who possess one of the

prohibited items under the Act, as the result of a sale or transfer with a

background check initiated with the Department on or before January 10, 2023, where

the sale or transfer was completed after that date pursuant to Section 24-1.9(f)

of the Criminal Code of 2012 [720 ILCS 5/24-1.9(f)].

"Heir"

means a person who receives property by reason of the death of another whether

as heir, legatee, beneficiary, survivor or any other capacity as allowed by the

Illinois Probate Act [755 ILCS 5/] and the Illinois rules of intestate

succession.

"Inherit"

means to receive a distribution pursuant to intestate succession, will, trust,

or other method permitted by law upon the death of the owner

r"

means a person who receives property by reason of the death of another whether

as heir, legatee, beneficiary, survivor or any other capacity as allowed by the

Illinois Probate Act [755 ILCS 5/] and the Illinois rules of intestate

succession.

"Inherit"

means to receive a distribution pursuant to intestate succession, will, trust,

or other method permitted by law upon the death of the owner.

"Large capacity ammunition

feeding device" means

a)         a

magazine, belt, drum, feed strip, or similar device that has a capacity of, or

that can be readily restored or converted to accept, more than 10 rounds of any

type of ammunition for long guns and more than 15 rounds of any type of

ammunition for handguns; or

b)         any

combination of parts from which a device described in paragraph (a) can be

assembled.

"Large capacity ammunition

feeding device" does not include an attached tubular device designed to

accept, and capable of operating only with, .22 caliber rimfire ammunition or a

tubular magazine that is contained in a lever-action firearm or any device that

has been made permanently inoperable.

"Law

enforcement officer" means an employee of a government agency who:

is authorized

by law to engage in or supervise the prevention, detection, investigation,

prosecution or incarceration of any person for any violation of law;

has statutory powers of arrest or custodial detention;

is authorized by the agency to carry a firearm while on duty;

is not the

subject of any disciplinary action by the employing agency that could result in

termination;

meets the

standards established by the agency that require the employee to regularly

qualify in the use of a firearm; and

is not

prohibited by federal law from possessing a firearm

atutory powers of arrest or custodial detention;

is authorized by the agency to carry a firearm while on duty;

is not the

subject of any disciplinary action by the employing agency that could result in

termination;

meets the

standards established by the agency that require the employee to regularly

qualify in the use of a firearm; and

is not

prohibited by federal law from possessing a firearm.

"Law

enforcement official", for purposes of clear and present danger reporting,

means any peace officer, warden, superintendent or keeper of prisons, penitentiaries,

jails and other institutions for the detention of persons accused or convicted

of a criminal offense, and employees of police laboratories having a department

or section of forensic firearm identification.

"Move to

Illinois" means to relocate from another state or country with intent to

make Illinois the primary domicile as evidenced by an Illinois Driver's License

or Illinois State Identification Card.

"Muzzle

Brake" means an attachment or feature of the muzzle end of the barrel that

uses the propellant combustion gas with the desired effect of redirecting the

recoil. A muzzle brake may also be known as a compensator.

"Online

FOID/FCCL System" means the Department's applicant and person-to-person

portal which allows a person to apply for a FOID Card or FCCL and access their

FOID Card/FCCL dashboard, as well as determine whether the applicant's FOID or

another person's FOID Card is valid and active where permitted by law.

"Out-of-state resident"

means a person who does not qualify for an Illinois driver's license or an

Illinois State identification card due to his or her establishment of a primary

domicile in another state.

"Peace Officer"

shall have the meaning ascribed to it in Section 2-13 of the Criminal Code of

2012 [720 ILCS 5/2-13].

"PICA" means the Protect

Illinois Communities Act, Public Act 102-1116

"Out-of-state resident"

means a person who does not qualify for an Illinois driver's license or an

Illinois State identification card due to his or her establishment of a primary

domicile in another state.

"Peace Officer"

shall have the meaning ascribed to it in Section 2-13 of the Criminal Code of

2012 [720 ILCS 5/2-13].

"PICA" means the Protect

Illinois Communities Act, Public Act 102-1116.

"Proof of eligibility"

for purposes of transferring an assault weapon, assault weapon attachment, .50

caliber rifle, .50 caliber cartridge, or large capacity ammunition feeding

device to a person authorized to purchase and possess such items consistent

with the provisions of Sections 24-1.9 and 24-1.10 of the Criminal Code of 2012

[720 ILCS 5/24-1.9 and 720 ILCS 5/24-1.10] means a copy of a current or retired

employment identification card, a letter from the employing agency on official

letterhead, or any similar official instrument used to confirm employment and

identity.

"Properly licensed firing

range" means an area that contains shooting stations or firing lines,

target areas, and other related components for discharging firearms at a target

in a sporting event, for practice or instruction in the use of a firearm, or

for the testing of a firearm, which meets the requirements set forth in Section

5 of the Premises Liability Act 740 ILCS 130/5, as well as any applicable rules

as set forth by the unit of local government with jurisdiction.  It also

includes licensed shooting preserves and public hunting areas operated or

licensed by the Department of Natural Resources.

"Protective

order" means any orders of protection issued under the Illinois Domestic

Violence Act of 1986 [750 ILCS 60], stalking no contact orders issued under the

Stalking No Contact Order Act [740 ILCS 21], civil no contact orders issued

under the Civil No Contact Order Act [740 ILCS 22], and firearms restraining

orders issued under the Firearms Restraining Order Act [430 ILCS 67]

sources.

"Protective

order" means any orders of protection issued under the Illinois Domestic

Violence Act of 1986 [750 ILCS 60], stalking no contact orders issued under the

Stalking No Contact Order Act [740 ILCS 21], civil no contact orders issued

under the Civil No Contact Order Act [740 ILCS 22], and firearms restraining

orders issued under the Firearms Restraining Order Act [430 ILCS 67].

"Purchaser" means any person who is buying or

receiving firearms or firearms ammunition as part of a sale or transfer.

"Qualified

Law Enforcement Officer" and "Qualified Retired Law Enforcement

Officer" shall have the meanings ascribed to those terms in

the Law

Enforcement Officers Safety Act of 2004 (18 U.S.C. 926B and 926C) and as

recognized under Illinois law.

(See 720 ILCS 5/24-1.9(e)(2) and 720 ILCS

5/24-1.10(e)(2))

"Readily assembled,

modified, restored or converted" shall mean any assembly, modification,

restoration, or conversion beyond those that would be required in regular

maintenance that is fairly or reasonably efficient, quick, and easy, and does

not require special knowledge or skill, additional parts or tools, or

significant expense.  Readily assembled, modified, restored or converted shall

not include assembly, modifications, restorations, or conversions that would

damage or destroy the firearm or cause it to malfunction.

"Seller"

means any person who is selling or transferring firearms or firearms ammunition

as part of a sale or transfer.

"Stock"

means the wood or plastic component(s) to which the metal parts of a firearm

are attached to enable the shooter to hold the firearm, including but not

limited to the fore stock.

"Transfer"

means the permanent relinquishment of ownership of a firearm or other item,

where possession of the item is regulated by the Act or Article 24 of the

Criminal Code of 2012 [720 ILCS 5/24], to another person regardless of whether

consideration or money is received by the seller

earm

are attached to enable the shooter to hold the firearm, including but not

limited to the fore stock.

"Transfer"

means the permanent relinquishment of ownership of a firearm or other item,

where possession of the item is regulated by the Act or Article 24 of the

Criminal Code of 2012 [720 ILCS 5/24], to another person regardless of whether

consideration or money is received by the seller.

"Unlawful

Drug Use" shall mean any unlawful use of or addiction to any controlled

substance pursuant to 18 U.S.C. 922(d)(3) and (g)(3).

"Valid" means

current and not suspended, revoked, expired, canceled, invalidated, denied or

disqualified.