HB6918 93RD GENERAL ASSEMBLY

LRB093 18558 RLC 44279 b

93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB6918

Introduced 02/09/04, by Harry Osterman

SYNOPSIS AS INTRODUCED:

430 ILCS 65/3.5 new

Amends the Firearm Owners Identification Card Act. Provides that a person, who is not a federally licensed firearm dealer, who desires to transfer or sell a firearm while that person is on the grounds of a gun show, must prior to the sale or transfer of the firearm: (1) request the Department of State Police to conduct a background check on the transferor and the prospective transferee of a firearm; (2) provide certain information to the Department; and (3) receive an approval from the Department of State Police, that after a background check was conducted, nothing in the records accessed by the Department, shall prohibit based on State or federal law, the purchaser from purchasing or possessing a firearm. Provides that failure to comply with these requirements is a Class A misdemeanor. Provides that failure to comply with these requirements is a Class 2 felony if the person has 2 or more previous convictions for these violations.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning firearms.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Firearm Owners Identification Card Act is amended by adding Section 3.5 as follows:

(430 ILCS 65/3.5 new)

Sec. 3.5. Private transfers of firearms by persons attending gun shows.

(a) To ensure that, prior to any sale or transfer of a firearm at a gun show in the State of Illinois, a background check is conducted on the transferor and the transferee of the firearm, the Department of State Police shall establish a system which shall be available for requests from individuals selling or transferring firearms at a gun show, other than a federally licensed firearms dealer, to conduct background checks under this system.

The Department of State Police shall utilize technology which allows the person to be charged a fee equivalent to the cost of providing the service. The fee may not exceed $2, however. Fees collected by the Department of State Police shall be deposited in the State Police Services Fund and used to provide the service.

The Department of State Police shall establish a service of conducting background checks for individuals selling or transferring firearms at a gun show, other than a federally licensed firearm dealer. Gun show promoters and other interested parties shall access the background check system through a process established by the Department of State Police.

Upon receiving a request from an individual selling or transferring firearms at a gun show, other than a federally licensed firearm dealer, the Department of State Police shall provide, during the initial transferor inquiry, an approval, denial, or conditional denial of the transfer. The time period for the Department to respond shall begin at the time the inquiry is received. When the Department provides a conditional denial, the transferor shall not transfer the firearm until an approval is provided by the Department. However, if any approval or denial is not provided in accordance with the Brady Handgun Violence Prevention Act (Brady Act, 1993), Title 18 U.S. Code, Section 922(t) and in Section 24-3 of the Criminal Code of 1961, the transfer may proceed. Failure of the Department to provide an approval or denial within the prescribed length of times does not relieve the transferor from compliance with any other statutory restrictions on firearm transfers. Regardless of the requirements of this Section, transactions must comply with all State and federal firearm laws.

(b) Any person who is not a federally licensed firearm dealer and who desires to transfer or sell a firearm while that person is on the grounds of a gun show must, prior to the sale or transfer of the firearm:

(1) Request the Department of State Police to conduct a background check on the transferor and the prospective transferee of a firearm and shall provide the following information to the Department:

(A) A valid Firearm Owner's Identification Card number of the transferor and transferee.

(B) The telephone number of the transferor and transferee.

(C) The type of firearm (long gun or short gun).

(2) Receive an approval from the Department of State Police that, after a background check was conducted, nothing in the records accessed by the Department shall prohibit, based on State or federal law, the purchaser from purchasing or possessing a firearm.

(c) From the background check under this Section, the Department of State Police shall:

(1) Determine from records and other information available to it whether the recipient is disqualified under State or federal laws from completing the transfer or is otherwise prohibited by State or federal law from purchasing or possessing a firearm; and

(2) Notify the transferor when a recipient is disqualified from completing the transfer or provide the transferor with a unique approval number indicating that the recipient is qualified to complete the transfer. The unique approval number is a permit valid for 30 days for the requested transfer. If the firearm is not transferred from the transfer to the recipient within 30 days after receipt of the unique approval number, a new request must be made by the transferor.

(d) The Department of State Police shall provide, during the initial transferor inquiry, an approval, denial, or conditional denial of the transfer. The time period for the Department to respond shall begin at the time the inquiry is received. When the Department provides a conditional denial, the transferor shall not transfer the firearm until an approval is provided by the Department. However, if any approval or denial is not provided in accordance with the Brady Handgun Violence Prevention Act (Brady Act, 1993), Title 18 U.S. Code, Section 922(t) or in Section 24-3 of the Criminal Code of 1961, the transfer may proceed. Failure of the Department to provide an approval or denial within the prescribed length of times does not relieve the transferor from compliance with any other statutory restrictions on firearm transfers. Regardless of the requirements of this Section, transactions must comply with all State and federal firearm laws.

(e) A public employee or public agency incurs no criminal or civil liability for performing the background checks required by this Section, provided the employee or agency acts in good faith without malice.

(f) A transferor other than a gun dealer may not transfer a firearm at a gun show unless the transferor:

(1) Requests a background check under this Section prior to completing the transferor;

(2) Receives notification that the recipient is qualified to complete the transfer;

(3) Has complied with Section 24-3 of the Criminal Code of 1961; and

(4) Has the recipient complete the form described in this Section.

(g) The transferor shall retain the completed form referred to in subsection (h) of this Section for at least 10 years and shall make the completed form available to law enforcement agencies for the purpose of criminal investigations. A gun show promoter shall post in a prominent place at the gun show a notice explaining the requirements of this Section. The gun show promoter shall provide the form required by subsection (h) of this Section to any person transferring a firearm at the gun show.

(h) The Department of State Police shall develop a form to be completed by a person seeking to obtain a firearm at a gun show from a transferor other than a gun show dealer. The Department shall consider including in the form all of the requirements for disclosure of information that are required by federal law for over-the-counter firearms transactions.

(i) Failure to comply with the requirement of this Section is a Class A misdemeanor. Failure to comply with the requirements of this Section is a Class 2 felony if the person has 2 or more previous convictions under this Section.

(j) In this Section:

"Gun show" means the entire premises provided for an event or function, including but not limited to parking areas for the event or function, that is sponsored to facilitate, in whole or in part, the purchase, sale, offer for sale, or collection of firearms at which:

(1) 25 or more firearms are offered or exhibited for sale, transfer, or exchange; or

(2) not less than 3 gun show vendors exhibit, sell, offer for sale, transfer, or exchange firearms.

"Gun show promoter" means a person who organizes or operates a gun show.

"Gun show vendor" means any person who exhibits, sells, offers for sale, transfers, or exchanges any firearms at a gun show, regardless of whether the person arranges with a gun show promoter for a fixed location from which to exhibit, sell, offer for sale, transfer, or exchange any firearm.

(k) The Department of State Police shall adopt rules to carry out the provisions of this Section.