Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1230 - FIREARM OWNER'S IDENTIFICATION CARD ACT › Section 1230.10 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
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)]. 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.
"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.
"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.
"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.
"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.
"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 ].
"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.
"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.