Section 1230.35 Possession and Validity of a FOID Card

Section 1230.35  Possession and Validity of a FOID Card

a)         Possession

1)         Possession

of either a valid FOID Card, FCCL, or FOID Card with Designator shall satisfy

the requirements of Section 2(a) of the Act regarding possession of a FOID

Card.

2)         A Designator

will be added to the FOID Card to distinguish between persons with an active

FOID Card only and persons with an active FOID Card and an FCCL.

3)         Possession

of a valid FOID Card or FOID Card with Designator does not relieve the holder

of the responsibility to comply with State and federal law as it pertains to

acquiring or possessing firearms or firearms ammunition.

4)         Upon

the development of a system under which an electronic version of a FOID card

can be displayed on a mobile telephone or other portable electronic device, the

possession of such electronic version shall satisfy the requirements of Section

2(a) of the Act regarding possession of a FOID Card so long as the device

contains all security features required by the Department to ensure the

electronic version is current and accurate.

b)         Validity.

Prior to the sale or transfer of any firearms or firearms ammunition, if the

FOID Card has no expiration date on its face or the FOID Card is expired, the

validity of the purchaser's FOID Card under this Act must be checked on the

Department's online FOID/FCCL system except as provided in subsection (b)(7)

below.

1)         Federally-licensed

firearm dealers transferring a firearm are exempt from this requirement but

must comply with the provisions set forth in Part 1235, Firearm Transfer

Inquiry Program, of this Title.

2)         These

inquiry requirements apply equally to transfers involving new, used, and

trade-in firearms.

3)         Inquiries

made to the Department's online FOID/FCCL system do not exempt or otherwise

relieve the person making such inquiry from compliance with any other State or

federal laws or local ordinances

ons set forth in Part 1235, Firearm Transfer

Inquiry Program, of this Title.

2)         These

inquiry requirements apply equally to transfers involving new, used, and

trade-in firearms.

3)         Inquiries

made to the Department's online FOID/FCCL system do not exempt or otherwise

relieve the person making such inquiry from compliance with any other State or

federal laws or local ordinances.

4)         The

seller will perform the inquiry by following the step-by-step instructions

provided through the Department's online FOID/FCCL system.

5)         The

Department shall determine the validity of the purchaser's FOID Card and

provide a transaction approval number if the FOID Card is active.

A)        The

seller shall not complete the sale or otherwise transfer the firearm until a

transaction approval number is provided by the Department.

B)        The

seller must complete the transfer of all firearms within 30 days after the

transaction approval number has been provided by the Department.

C)        If the

purchaser's FOID Card is not active, the Department shall advise the seller.

6)         The

purchaser and seller are required to comply with the requirements of Section 3b

of the Act [430 ILCS 65/3(b)].

A)        Purchasers

and/or sellers who elect to provide the Department with a record of the

transfer, shall do so by completing the form available on the Department's

website for this purpose.

B)        Completed

transfer record forms will be attached to the purchaser's account within the

Department's online FOID/FCCL system and retained for a period of not less than

20 years.

7)         If

the FOID Card has an expiration date printed on its face and the card has not

yet expired, the card shall be considered active for purposes of sale or

transfer of firearms ammunition only and need not be checked in the Department's

online FOID/FCCL system

the purchaser's account within the

Department's online FOID/FCCL system and retained for a period of not less than

20 years.

7)         If

the FOID Card has an expiration date printed on its face and the card has not

yet expired, the card shall be considered active for purposes of sale or

transfer of firearms ammunition only and need not be checked in the Department's

online FOID/FCCL system.  All FOID Cards must be checked in the Department's

online FOID/FCCL system for the sale or transfer of firearms as provided in

this subsection (b).