Sen. David Koehler

Filed: 5/31/2021

 

 


 

 


 
10200HB0562sam002LRB102 02734 RLC 27443 a

1
AMENDMENT TO HOUSE BILL 562

2    AMENDMENT NO. ______. Amend House Bill 562, AS AMENDED,
3with reference to page and line numbers of Senate Amendment
4No. 1, on page 59, line 2, by replacing "$10" with "$25 $10";
5and
 
6by replacing line 4 on page 61 through line 18 on page 62 with
7the following:
8    "(b) Any person within this State who transfers or causes
9to be transferred any firearm, stun gun, or taser shall keep a
10record of such transfer for a period of 10 years from the date
11of transfer. Any person within this State who receives any
12firearm, stun gun, or taser pursuant to subsection (a-10)
13shall provide a record of the transfer within 10 days of the
14transfer to a federally licensed firearm dealer and shall not
15be required to maintain a transfer record. The federally
16licensed firearm dealer shall maintain the transfer record for
1720 years from date of receipt. A federally licensed firearm

 

 

10200HB0562sam002- 2 -LRB102 02734 RLC 27443 a

1dealer may charge a fee not to exceed $25 to retain the record.
2The record shall be provided and maintained in either an
3electronic or paper format. The federally licensed firearm
4dealer shall not be liable for the accuracy of any information
5in the transfer record submitted pursuant to this Section.
6Such records record shall contain the date of the transfer;
7the description, serial number or other information
8identifying the firearm, stun gun, or taser if no serial
9number is available; and, if the transfer was completed within
10this State, the transferee's Firearm Owner's Identification
11Card number and any approval number or documentation provided
12by the Department of State Police pursuant to subsection
13(a-10) of this Section; if the transfer was not completed
14within this State, the record shall contain the name and
15address of the transferee. On or after January 1, 2006, the
16record shall contain the date of application for transfer of
17the firearm. On demand of a peace officer such transferor
18shall produce for inspection such record of transfer. For any
19transfer pursuant to subsection (a-10) of this Section, on the
20demand of a peace officer, such transferee shall identify the
21federally licensed firearm dealer maintaining the transfer
22record. If the transfer or sale took place at a gun show, the
23record shall include the unique identification number. Failure
24to record the unique identification number or approval number
25is a petty offense. For transfers of a firearm, stun gun, or
26taser made on or after the effective date of this amendatory

 

 

10200HB0562sam002- 3 -LRB102 02734 RLC 27443 a

1Act of the 100th General Assembly, failure by the private
2seller to maintain the transfer records in accordance with
3this Section, or failure by a transferee pursuant to
4subsection a-10 of this Section to identify the federally
5licensed firearm dealer maintaining the transfer record, is a
6Class A misdemeanor for the first offense and a Class 4 felony
7for a second or subsequent offense occurring within 10 years
8of the first offense and the second offense was committed
9after conviction of the first offense. Whenever any person who
10has not previously been convicted of any violation of
11subsection (a-5), the court may grant supervision pursuant to
12and consistent with the limitations of Section 5-6-1 of the
13Unified Code of Corrections. A transferee or transferor shall
14not be criminally liable under this Section provided that he
15or she provides the Department of State Police with the
16transfer records in accordance with procedures established by
17the Department. The Department shall establish, by rule, a
18standard form on its website.".