HB2592 98TH GENERAL ASSEMBLY

LRB098 08846 RLC 38975 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB2592

Introduced , by Rep. Esther Golar

SYNOPSIS AS INTRODUCED:

New Act
430 ILCS 65/3	from Ch. 38, par. 83-3
430 ILCS 65/3.1	from Ch. 38, par. 83-3.1
430 ILCS 65/8	from Ch. 38, par. 83-8
720 ILCS 5/24-3	from Ch. 38, par. 24-3
720 ILCS 5/24-3.1A new
720 ILCS 5/24-3.5
720 ILCS 5/24-4.1 new

Creates the Prevention of Gun Trafficking Act. Provides that it is a Class 4 felony for any person to engage in the business of selling, leasing, or otherwise transferring firearms or ammunition without a dealer permit issued by the Department of State Police. Establishes procedures and qualifications for obtaining a permit. Amends the Firearm Owners Identification Card Act. Provides that a person who is not a federally licensed firearm dealer permittee under the Prevention of Gun Trafficking Act and who desires to transfer or sell a firearm to another person, who is not a firearms dealer permittee under that Act, shall do so only through a firearms dealer permittee. Provides exceptions. Amends the Criminal Code of 2012. Provides that if a person who possesses a firearm thereafter loses or misplaces the firearm, or if the firearm is stolen from the person, the person must report the loss or theft to the local law enforcement agency within 72 hours after when he or she knew or reasonably should have known of the loss or theft. Effective immediately.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning criminal law.

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

Section 1. Short title. This Act may be cited as the Prevention of Gun Trafficking Act.

Section 5. Legislative findings; purpose and intent. The General Assembly hereby finds and declares:

(a) Gun violence takes an extraordinary toll on families and communities in Illinois. In 2007, over 1,000 individuals died from firearm-related injuries in Illinois. In that same year, incidents of gun murders, gun suicides, and unintentional shootings in Illinois killed 150 children and adolescents ages 19 and younger.

(b) Corrupt gun dealers, straw purchasers, unlicensed sellers, and theft are major channels used to divert firearms from the lawful to the unlawful market, according to a report issued in June of 2000, by the Department of the Treasury and Bureau of Alcohol, Tobacco and Firearms (ATF). That report analyzed 1,530 trafficking investigations during the period July 1996 through December 1998, involving a total of 84,128 diverted firearms.

(c) States that have enacted laws: (1) requiring background checks before all gun sales, (2) requiring the reporting of lost or stolen firearms, and (3) allowing or requiring inspections of gun dealers, have been shown to export crime guns at significantly lower rates than the states that have not enacted the laws, according to a report issued in September 2010 by Mayors Against Illegal Guns. That report analyzed aggregate statistical crime gun trace data across the 50 states.

(d) Existing federal firearm laws have proven insufficient to prevent dangerous individuals from obtaining firearms. The federal Brady Act allows unlicensed private sellers of firearms, who account for 40% of firearms sold in the U.S., to sell firearms without performing a background check on the prospective purchaser. Federal law does not require sellers to report sales of firearms to law enforcement. In fact, federal law does not even allow the FBI to maintain records of approved gun purchasers for more than 24 hours. Federal law also does not require firearm owners to report to law enforcement if their firearms are lost or stolen.

(e) Background checks performed by licensed dealers have proven to be extremely effective at keep guns out of the hands of prohibited persons. Since the federal background check requirement was adopted in 1994, over 1.9 million criminals and other prohibited persons across the United States have been prohibited from buying guns. In 2010 alone, 70,972 gun transfers were denied using the federal background check system. Nevertheless, individuals prohibited by law from possessing guns can easily obtain them from private sellers. Universal background checks will help ensure that all persons buying guns are legally eligible to do so.

(f) Laws requiring sellers to report firearm sales to a centralized database help law enforcement quickly and reliably "trace" (identify the source of) firearms recovered from crime scenes, and retrieve firearms from persons who have become legally prohibited from possessing them through criminal convictions or other prohibitions. These laws also discourage illegal firearm sales by creating accountability for gun owners, and help law enforcement return lost or stolen firearms to their rightful owners. Furthermore, information generated by firearm sales reporting laws helps protect law enforcement officers responding to an incident by providing them with information about firearms that may be present at the scene.

(g) Laws requiring the reporting of lost or stolen firearms are beneficial to law enforcement because they: (1) help deter and prosecute gun traffickers and criminals who often falsely claim that a crime gun that has been traced to them was lost or stolen in order to hide their involvement in the crime; (2) help disarm persons ineligible to possess firearms by deterring a person who has fallen into a prohibited category from falsely claiming that his or her firearm was lost or stolen; and (3) help return lost or stolen firearms to their owners. Reporting laws also make gun owners more accountable for their weapons.

(h) Federal regulation of firearms dealers and ammunition sellers is currently inadequate to protect public safety. Although federal law requires firearms dealers to obtain a license from ATF, ATF does not have the resources or authority to properly oversee the more than 60,000 firearms dealers, manufacturers, collectors and others that it licenses. Between 1975 and 2005, ATF revoked, on average, fewer than 20 federal firearms licenses per year. The Office of the Inspector General has concluded that inspections by ATF are not fully effective for ensuring that licensees comply with federal firearms laws. The number of ATF agents "2,500" has not changed since 1972. During the same period of time, the staffs of other government agencies have increased dramatically. As a result of inadequate staffing, ATF was able to inspect less than 10% of FFLs in 2009 and, on average, dealers are inspected only once a decade.

(i) FFLs are a major source of trafficked firearms. ATF's June 2000 report found that FFLs were associated with the largest number of trafficked guns, over 40,000, and concluded that "FFLs' access to large numbers of firearms makes them a particular threat to public safety when they fail to comply with the law." In 1998, ATF found that 56% of randomly inspected dealers and 30% of pawnbrokers selling 50 or more guns had violated federal firearms law. In addition, during fiscal year 2007, ATF found over 30,000 firearms missing from licensees' inventories with no record of sale.

(j) According to a 1998 ATF random sample of FFLs nationwide, 56% of all firearms dealers operated out of their homes, and 33% were located in businesses that are not usually associated with gun sales, such as funeral homes or auto parts stores.

(k) ATF faces numerous obstacles that limit its ability to enforce the law; for example, ATF may conduct only one unannounced inspection of each FFL per year, the burden of proof for ATF's prosecution and revocation of licenses is extremely high, serious violations of federal firearms law are classified as misdemeanors rather than felonies, and ATF has historically been grossly understaffed.

(l) Federal law is silent regarding many important aspects of firearms dealers' and ammunition sellers' businesses. Among other things, federal law does not require these businesses to: (1) conduct employee background checks; (2) implement security requirements to prevent thefts; or (3) refrain from operating in residential neighborhoods or near schools, daycare centers or parks.

(m) It is the purpose and intent of the General Assembly to strengthen Illinois' firearm laws by requiring all firearm purchasers to be subject to a background check, by requiring firearms dealers and ammunition sellers to obtain a state license and report gun sales, by requiring the State Police to maintain records of gun sales, and by requiring gun owners to report all lost or stolen firearms. The General Assembly believes that these restrictions will help to keep guns out of the hands of felons, domestic abusers, the mentally ill, and other prohibited persons, will discourage illegal gun sales and gun trafficking, and will help law enforcement solve gun crimes. The General Assembly further believes these restrictions will reduce gun deaths and injuries and increase public safety.

Section 10. Definitions. As used in this Act:

(a) "Ammunition" has the same meaning as "firearm ammunition" in Section 1.1 of the Firearm Owners Identification Card Act.

(b) "Applicant" means any person who applies for a dealer permit, or the renewal of a permit, to sell, lease, or transfer firearms or ammunition.

(c) "Department" means the Department of State Police.

(d) To "engage in the business of selling, leasing, or otherwise transferring firearms or ammunition" means to:

(i) Conduct a business selling, leasing or transferring firearms or ammunition;

(ii) Hold one's self out as engaged in the business of selling, leasing or otherwise transferring firearms or ammunition; or

(iii) Sell, lease or transfer firearms or ammunition in quantity, in series, or in individual transactions, or in any other manner indicative of trade.

(e) "Firearm" has the same meaning as "firearm" in Section 1.1 of the Firearm Owners Identification Card Act.

(f) "Dealer permit" means a permit issued by the Department to sell, lease, or transfer firearms or ammunition under this Act.

(g) "Permittee" or "firearms dealer permittee" means any person engaged in the business of selling, leasing, or otherwise transferring any firearm or ammunition who has obtained a permit from the Department to sell, lease, or transfer firearms or ammunition under this Act.

(h) "Person" means any individual, corporation, company, association, firm, partnership, club, organization, society, joint stock company or other entity.

Section 15. Permit requirement. It is unlawful for any person to engage in the business of selling, leasing, or otherwise transferring firearms or ammunition without a dealer permit, as required by this Act.

Section 20. Application for a dealer permit.

(a) Any person who is required to obtain a dealer permit under this Act shall:

(1) appear in person at a time and place designated by the Department;

(2) complete and submit to the Department an application, in writing, signed under penalty of perjury, on a form prescribed by the Department;

(3) provide all relevant information requested to demonstrate compliance with this Act, including:

(A) the applicant's full name and any other name by which the applicant has ever been known;

(B) the home address and telephone number of the applicant;

(C) the present occupation, business address and business telephone number of the applicant;

(D) the license or permit numbers of all federal, state, or local licenses or permits held by the applicant that authorize the applicant to sell, lease, or otherwise transfer firearms or ammunition, if any;

(E) information relating to every other license or permit to sell, lease, transfer, purchase, or possess firearms or ammunition which was sought by the applicant from the federal government or from any state or subdivision of any state, including, but not limited to, the type of license or permit sought, the date of each application and whether it resulted in the issuance of the license or permit, and the date and circumstances of any revocation or suspension;

(F) the address of the proposed location for which the permit is sought, if different than applicant's business address;

(G) the business name, and the name of any corporation, partnership or other entity that has any ownership in, or control over, the business;

(H) the names, dates of birth, and addresses of all persons who will have access to or control of workplace firearms or ammunition, including but not limited to, the applicant's employees, agents, and supervisors, if any;

(I) proof of a possessory interest in the property at which the proposed business will be conducted, as owner, lessee, or other legal occupant, and, if the applicant is not the owner of record of the real property upon which the applicant's business is to be located and conducted, the written consent of the owner of record of the real property to the applicant's proposed business;

(J) the date, location, and nature of all criminal convictions of the applicant, if any, in any jurisdiction in the United States;

(K) proof that the applicant has applied for or received a certificate of registration under the Retailers' Occupation Tax Act; and

(L) written approval from the local sheriff of the county or chief of police of the city in which the business is located, together with a statement of any additional requirements or conditions the business must fulfill in order to comply with local law, including requirements or conditions imposed by the sheriff or chief at his or her discretion.

(b) The Department may charge a fee to cover the administrative costs of the issuance of the permit.

Section 25. Investigation by Department and employee background checks.

(a) The Department shall conduct an investigation to determine, for the protection of public health and safety, whether the dealer permit may be issued or renewed. The Department shall require: (1) the applicant; and (2) all persons who will have access to or control of workplace firearms or ammunition, including but not limited to the applicant's employees, agents or supervisors, or both, if any, to provide fingerprints, a recent photograph, a signed authorization for the release of pertinent records, and any additional information which the Department considers necessary to complete the investigation. The investigation shall include the initiation and completion of an automated search of the Department's criminal history record information files and those of the Federal Bureau of Investigation, including the National Instant Criminal Background Check System, and of the files of the Department of Human Services relating to mental health and developmental disabilities to obtain any information that would disqualify a person from a dealer permit under this Act.

(b) Prior to issuance or renewal of the dealer permit, the Department shall inspect the premises of the proposed business to ensure compliance with this Act.

(c) The Department may grant or renew a dealer permit if the applicant or permittee is in compliance with this Act and all other applicable federal, State, and local laws.

Section 30. Grounds for permit denial.

(a) The Department shall deny the issuance or renewal of a dealer permit if the operation of the business would not or does not comply with federal, State or local law, or if the applicant or permittee:

(1) is under 21 years of age;

(2) is not licensed as required by all applicable federal, State, and local laws;

(3) has made a false or misleading statement of a material fact or omission of a material fact in the application for a dealer permit, or in any other documents submitted to the Department pursuant to this Act. If a permit is denied on this ground, the applicant is prohibited from reapplying for a permit for a period of five years;

(4) has had a license or permit to sell, lease, transfer, purchase, or possess firearms or ammunition from the federal government or the government of any state or subdivision of any state revoked, suspended or denied for good cause within the preceding five years;

(5) is prohibited by any federal, State, or local law from purchasing or possessing firearms or ammunition, or has been convicted of:

(A) an offense relating to the manufacture, sale, possession or use of a firearm or dangerous or deadly weapon or ammunition therefor;

(B) an offense involving the use of force or violence upon the person of another;

(C) an offense involving theft, fraud, dishonesty or deceit; or

(D) within the preceding 5 years, an offense involving the manufacture, sale, possession, or use of a controlled substance; or

(6) is currently, or has been within the preceding 5 years, an unlawful user of or addicted to a controlled substance.

(b) Employees, agents, or supervisors of the applicant or permittee may not have access to or control over workplace firearms or ammunition until the Department has conducted an investigation under Section 25, and verified that none of the conditions listed in paragraphs (1), (4), (5), or (6) of subsection (a) of this Section exist, as applied to those employees, agents, or supervisors. A new law enforcement investigation and background verification of the person must be conducted each time the permittee renews his or her permit, or applies for a new permit. Except as provided in subsection (c), the Department shall deny the issuance or renewal of dealer permit, or shall revoke an existing permit, if the applicant or permittee allows any employee, agent, or supervisor to have access to or control over workplace firearms or ammunition prior to the completion of the law enforcement investigation and background verification of those persons, or if those persons have not undergone the law enforcement investigation and background verification process within the last 5 years.

(c) Where an applicant is applying for a dealer permit to sell, lease or transfer firearms or ammunition within the first 180 days of the effective date of this Act, and where the applicant has an existing firearms dealer business which complies with all applicable federal, State and local laws, or is not a seller of firearms but is already engaged in the sale of ammunition:

(1) the applicant's current employees, agents, or supervisors may continue to have access to or control over workplace firearms and ammunition pending the completion of the Department's investigation and background verification; and

(2) where one or more of the applicant's employees, agents, or supervisors are found to be in violation of the conditions listed in paragraph (1), (4), (5), or (6) of subsection (a) of this Section, the applicant shall have 60 days from the mailing of written notification from the Department to verify that the persons have been removed or reassigned so that they no longer have access to or control of workplace firearms or ammunition. Failure of the applicant to comply with this subsection shall cause the Department to deny the application for a dealer permit.

(d) A person who knowingly makes a false statement or knowingly conceals a material fact or uses false information or identification in any application for a dealer permit under this Act commits a Class A misdemeanor.

Section 35. Issuance of dealer permit; duration.

(a) A dealer permit expires 5 years after the date of issuance. A permit may be renewed for additional 5-year periods if the permittee submits a timely application for renewal, accompanied by a nonrefundable renewal fee established by the Department. Renewal of the permit is contingent upon the permittee's compliance with the terms and conditions of the original application and permit, as detailed in this Act, and any additional conditions arising from newly-adopted laws or determined by regulations created by the Department. Department personnel shall inspect the permitted business premises for compliance with this Act prior to renewal of the permit. The renewal application and the renewal fee must be received by the Department no later than 90 days before the expiration of the current permit.

(b) A decision regarding issuance or renewal of the dealer permit may be appealed in the manner provided under the Illinois Administrative Procedure Act.

Section 40. Revocation of dealer permit.

The Department may revoke the dealer permit of any person found to be in violation of any provision of this Act or any other applicable federal, State, or local law.

Section 45. Report of permit revocation to federal authorities. In addition to any other penalty or remedy, the Department shall report any person or entity whose dealer permit is revoked pursuant to this Act to the Bureau of Alcohol, Tobacco, Firearms & Explosives within the U.S. Department of Justice, and to the local sheriff or Chief of Police.

Section 50. Display of dealer permit. The dealer permit, or a certified copy of it, shall be displayed in a prominent place on the business premises where it can be easily seen by those entering the premises.

Section 55. Non-assignability. A dealer permit issued under this Act is not assignable. Any attempt to assign a dealer permit shall result in revocation of the permit.

Section 60. Compliance by existing businesses. A person engaged in the business of selling, leasing, or otherwise transferring any firearm or ammunition on the effective date of this Act shall, within 90 days of the effective date, comply with this Act. However, any person whose business is located in any location described in Section 75 of this Act may continue to sell, lease, or transfer firearms or ammunition for up to 2 years after the effective date of this Act. After the 2-year period has expired, any person is prohibited from selling, leasing, or transferring firearms or ammunition in the named location.

Section 65. Law enforcement inspections. Permittees shall have their places of business open for inspection by federal, state, and local law enforcement during all hours of operation. The Department shall conduct an inspection of the business in connection with the initial issuance of a permit, and thereafter conduct an inspection in connection with each renewal of the permit. Permittees shall maintain all records, documents, firearms, and ammunition in a manner and place accessible for inspection by federal, State, and local law enforcement.

Section 70. On-site security.

(a) All firearms and ammunition in the inventory of a permittee must be kept at the permitted business location.

(b) No firearm may be displayed in any outer window of the business premises of the permittee or in any other place where it can readily be seen from the outside.

(c) The Department shall adopt standards specifying minimum security requirements for permittees. By January 1, 2015, all permittees shall comply with the standards. Failure to fully comply with the security requirements imposed by the Department shall be sufficient cause for denial or revocation of the permit by the Department. The standards may provide for:

(1) the manner of securing firearms and ammunition when the location is both open and closed for business;

(2) alarm systems for permittees; and

(3) other reasonable requirements to reduce the risk of burglaries and other crimes or accidents at permittees' business establishments.

Section 75. Location of business premises.

(a) The business of a permittee shall be carried on only in the building located at the street address shown on the permit. This requirement does not prohibit the permittee from participating in a gun show or event as defined under federal law that is authorized by federal, state, or local law upon compliance with those laws.

(b) The business premises shall not be located in any district or area that is zoned for residential use, or within 1,000 feet of any school, pre-school, day-care facility, park, community center, place of worship, liquor store, bar, youth center, video arcade, amusement park (not including a temporary carnival or similar event), or residentially zoned district or area.

Section 80. Warnings to consumers. The Department may require permittees to post warnings or otherwise provide information to consumers regarding firearms laws and the safe storage of firearms. A permittee shall post any warnings or provide any information to consumers as required by the Department.

Section 85. Precautions against illegal sales.

(a) The permittee shall refuse to sell or transfer a firearm to any person the permittee knows or has reason to know is purchasing the firearm on behalf of another person, unless the person purchasing the firearm from the permittee is another permittee.

(b) The permittee shall refuse to sell or transfer a firearm to any person the permittee knows or has reason to know is purchasing the firearm with the intent to resell or transfer the firearm in violation of federal, State, or local law.

(c) The permittee shall refuse to sell or transfer a firearm to any person who has provided a home address in a municipality or county in which possession of that type of firearm is illegal, unless the transferee presents reasonably satisfactory evidence that the firearm will not be used or possessed unlawfully in that municipality or county.

(d) The permittee shall refuse to sell or transfer a firearm to any person who has provided a home address in a municipality or county that requires a license for or registration of the firearm, unless the purchaser presents satisfactory evidence of compliance with the licensing or registration requirement.

Section 90. Penalty. Any person who engages in the business of selling, leasing, or otherwise transferring firearms or ammunition without a dealer permit as required by this Act is guilty of a Class 4 felony.

Section 95. Enforcement; rulemaking.

(a) This Act must be enforced by the Department, and may be enforced, for the purpose of determining compliance with this Act, by any municipality in which the licensee is located or, if the licensee is not located in a municipality, by the county in which the licensee is located.

(b) The Department shall adopt rules necessary for the implementation and administration of this Act.

Section 100. The Firearm Owners Identification Card Act is amended by changing Sections 3, 3.1, and 8 as follows:

(430 ILCS 65/3) (from Ch. 38, par. 83-3)

Sec. 3. (a) Except as provided in Section 3a, no person may knowingly transfer, or cause to be transferred, any firearm, firearm ammunition, stun gun, or taser to any person within this State unless the transferee with whom he deals displays a currently valid Firearm Owner's Identification Card which has previously been issued in his name by the Department of State Police under the provisions of this Act. In addition, all firearm, stun gun, and taser transfers by federally licensed firearm dealers are subject to Section 3.1.

(a-5) Any person who is not a federally licensed firearm dealer permittee under the Prevention of Gun Trafficking Act and who desires to transfer or sell a firearm to another person, who is not a firearms dealer permittee under that Act, shall do so only through a firearms dealer permittee, as follows:

(1) the seller or other transferor shall deliver the firearm to the permittee, who shall retain possession of the firearm until all legal requirements for the sale or other transfer have been met, including compliance with any State or local waiting periods;

(2) the permittee shall process the sale or other transfer as if he or she were the seller or other transferor. The permittee shall comply with all requirements of federal, State, and local law that would apply if he or she were the seller or other transferor of the firearm;

(3) the permittee shall conduct a background check on the purchaser or other transferee in accordance with 18 U.S.C. 922(t) and State and local law and, if the transaction is not prohibited, deliver the firearm to that person after all other legal requirements are met;

(4) if the permittee cannot legally deliver the firearm to the purchaser or other transferee, the permittee shall conduct a background check on the seller or other transferor in accordance with 18 U.S.C. 922(t), and State and local law, and, if the return is not prohibited, return the firearm to that person;

(5) if the permittee cannot legally return the firearm to the seller or other transferor, the permittee shall deliver the firearm to local law enforcement within 24 hours; and

(6) the purchaser or transferee may be required by the dealer permittee to pay a fee not to exceed $10 per firearm, which the dealer permittee may retain as compensation for performing the functions required under this subsection, plus the applicable fees authorized by Section 3.1.

(a-6) The provisions of subsection (a-5) do not apply to:

(1) any law enforcement or corrections agency, or law enforcement or corrections officer acting within the course and scope of his or her employment or official duties;

(2) a United States Marshal or member of the Armed Forces of the United States or the National Guard, or a federal official transferring or receiving a firearm as required in the operation of his or her official duties;

(3) a gunsmith who receives a firearm solely for the purposes of service or repair, or the return of the firearm to its owner by the gunsmith;

(4) a common carrier, warehouseman, or other person engaged in the business of transportation or storage, to the extent that the receipt of any firearm is in the ordinary course of business and not for the personal use of any person;

(5) a person who is loaned a firearm solely for the purpose of shooting at targets, if the loan occurs on the premises of a properly licensed target facility, and the firearm is at all times kept within the premises of the target range;

(6) a person who is under 18 years of age who is loaned a firearm for lawful hunting or sporting purposes or for any other lawful recreational activity while under the direct supervision and control of a responsible adult;

(7) a person who is 18 years of age or older who is loaned a firearm while the person is accompanying the lawful owner and using the firearm for lawful hunting or sporting purposes or for any other lawful recreational activity;

(8) a person who acquired the firearm by operation of law upon the death of the former owner of the firearm within the preceding 60 days. At the end of the 60-day period, the person must either have lawfully transferred the firearm or must have contacted the department of state police to notify the department that he or she has possession of the firearm and intends to retain possession of the firearm, in compliance with all federal, state and local laws, at which time the Department of State Police shall conduct a background check on the person; or

(9) an adult family member of the lawful owner of the firearm if the owner resides with the family member but is not currently present in the residence, provided that the family member does not maintain control over the firearm for more than 14 consecutive days. This exception shall not apply if the owner or the family member knows or has reasonable cause to believe that federal, State, or local law prohibits the family member from purchasing or possessing firearms, or the owner knows or has reasonable cause to believe that the family member is likely to use the firearm for unlawful purposes. while that person is on the grounds of a gun show must, before selling or transferring the firearm, request the Department of State Police to conduct a background check on the prospective recipient of the firearm in accordance with Section 3.1.

(b) Any person within this State who transfers or causes to be transferred any firearm, stun gun, or taser shall keep a record of such transfer for a period of 10 years from the date of transfer. Such record shall contain the date of the transfer; the description, serial number or other information identifying the firearm, stun gun, or taser if no serial number is available; and, if the transfer was completed within this State, the transferee's Firearm Owner's Identification Card number. On or after January 1, 2006, the record shall contain the date of application for transfer of the firearm. On demand of a peace officer such transferor shall produce for inspection such record of transfer. If the transfer or sale took place at a gun show, the record shall include the unique identification number. Failure to record the unique identification number is a petty offense.

(b-5) Any resident may purchase ammunition from a person within or outside of Illinois if shipment is by United States mail or by a private express carrier authorized by federal law to ship ammunition. Any resident purchasing ammunition within or outside the State of Illinois must provide the seller with a copy of his or her valid Firearm Owner's Identification Card and either his or her Illinois driver's license or Illinois State Identification Card prior to the shipment of the ammunition. The ammunition may be shipped only to an address on either of those 2 documents.

(c) The provisions of this Section regarding the transfer of firearm ammunition shall not apply to those persons specified in paragraph (b) of Section 2 of this Act.

(Source: P.A. 97-1135, eff. 12-4-12.)

(430 ILCS 65/3.1) (from Ch. 38, par. 83-3.1)

Sec. 3.1. Dial up system.

(a) The Department of State Police shall provide a dial up telephone system or utilize other existing technology which shall be used by any federally licensed firearm dealer, gun show promoter, or gun show vendor who is to transfer a firearm, stun gun, or taser under the provisions of this Act. The Department of State Police may utilize existing technology which allows the caller to be charged a fee not to exceed $2. Fees collected by the Department of State Police shall be deposited in the State Police Services Fund and used to provide the service.

(b) Upon receiving a request from a federally licensed firearm dealer, gun show promoter, or gun show vendor, the Department of State Police shall immediately approve, or within the time period established by Section 24-3 of the Criminal Code of 2012 regarding the delivery of firearms, stun guns, and tasers notify the inquiring dealer, gun show promoter, or gun show vendor of any objection that would disqualify the transferee from acquiring or possessing a firearm, stun gun, or taser. In conducting the inquiry, the Department of State Police shall initiate and complete an automated search of its criminal history record information files and those of the Federal Bureau of Investigation, including the National Instant Criminal Background Check System, and of the files of the Department of Human Services relating to mental health and developmental disabilities to obtain any felony conviction or patient hospitalization information which would disqualify a person from obtaining or require revocation of a currently valid Firearm Owner's Identification Card.

(c) If receipt of a firearm would not violate Section 24-3 of the Criminal Code of 2012, federal law, or this Act the Department of State Police shall:

(1) assign a unique identification number to the transfer; and

(2) provide the licensee, gun show promoter, or gun show vendor with the number.

(d) Approvals issued by the Department of State Police for the purchase of a firearm are valid for 30 days from the date of issue.

(e) (1) The Department of State Police must act as the Illinois Point of Contact for the National Instant Criminal Background Check System.

(2) The Department of State Police and the Department of Human Services shall, in accordance with State and federal law regarding confidentiality, enter into a memorandum of understanding with the Federal Bureau of Investigation for the purpose of implementing the National Instant Criminal Background Check System in the State. The Department of State Police shall report the name, date of birth, and physical description of any person prohibited from possessing a firearm pursuant to the Firearm Owners Identification Card Act or 18 U.S.C. 922(g) and (n) to the National Instant Criminal Background Check System Index, Denied Persons Files.

(f) The Department of State Police shall promulgate rules not inconsistent with this Section to implement this system.

(g) The Department of State Police shall develop an Internet-based system which shall be used by any dealer who is to transfer a firearm under the provisions of this Act after January 1, 2015. The Department of State Police shall have the system completed and available for use by that date. The Department shall promulgate rules not inconsistent with this Section to implement this system.

(h) Effective January 1, 2015, the Internet-based system shall be used for every sale or transfer of a firearm subject to subsection (a-5) of Section 3 of this Act as follows:

(1) The federally licensed firearms dealer shall utilize the Internet-based system system to request the Department of State Police to conduct a background check prior to sale or transfer of a firearm. The dealer shall be required to enter all information that is required by federal firearms transaction form 4473 into the system in order to request a background check, along with the transferee's Firearm Owner's Identification Card number. if the sale or transfer is a private party transfer of a firearm that the dealer is processing under Section 3, the dealer shall note this fact in the system, along with the private seller or transferor's name and address.

(2) The Department of State Police shall utilize the system to notify the dealer of the approval or denial of the sale or transfer and the unique identification number assigned to the transfer.

(3) The dealer shall utilize the system to notify the department of state police if and when delivery of the firearm or firearms occurs.

(4) The Department of State Police shall require the dealer to charge the transferee a fee sufficient to cover the Department's costs associated with each use of this system. Fees collected by the Department of State Police shall be deposited in the State Police Services Fund and used to provide the service.

(i) Effective January 1, 2015, the Department of State Police shall keep and maintain a searchable database of all information it sends of receives through the internet based system pursuant to this Section, which information shall be accessible to any law enforcement officer upon request, including:

(1) all information from federal firearms transaction form 4473, including the name, address, date of birth, and driver's license or other government-issued identification number of the transferee, and the make, model, serial number, type, and caliber or gauge of the firearm;

(2) the identity of the federally licensed firearms dealer and the dealer's agent or employee who processed each sale or transfer;

(3) the transferee's Firearm Owner's Identification Card number;

(4) whether the sale or transfer is a private party transfer pursuant to section 3, and if so, the original seller or transferor's name and address; and

(5) the date of delivery of any firearm.

(j) Effective January 1, 2015, each federally licensed firearms dealer shall maintain a permanent written record of all information sent or received through the Internet-based system, including all information listed in subsection (h), in accordance with rules established by the Department of State Police. These records shall be available for inspection any law enforcement officer upon request.

(Source: P.A. 97-1150, eff. 1-25-13.)

(430 ILCS 65/8) (from Ch. 38, par. 83-8)

Sec. 8. The Department of State Police has authority to deny an application for or to revoke and seize a Firearm Owner's Identification Card previously issued under this Act only if the Department finds that the applicant or the person to whom such card was issued is or was at the time of issuance:

(a) A person under 21 years of age who has been convicted of a misdemeanor other than a traffic offense or adjudged delinquent;

(b) A person under 21 years of age who does not have the written consent of his parent or guardian to acquire and possess firearms and firearm ammunition, or whose parent or guardian has revoked such written consent, or where such parent or guardian does not qualify to have a Firearm Owner's Identification Card;

(c) A person convicted of a felony under the laws of this or any other jurisdiction;

(d) A person addicted to narcotics;

(e) A person who has been a patient of a mental institution within the past 5 years or has been adjudicated as a mental defective;

(f) A person whose mental condition is of such a nature that it poses a clear and present danger to the applicant, any other person or persons or the community;

For the purposes of this Section, "mental condition" means a state of mind manifested by violent, suicidal, threatening or assaultive behavior.

(g) A person who is intellectually disabled;

(h) A person who intentionally makes a false statement in the Firearm Owner's Identification Card application;

(i) An alien who is unlawfully present in the United States under the laws of the United States;

(i-5) An alien who has been admitted to the United States under a non-immigrant visa (as that term is defined in Section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(26))), except that this subsection (i-5) does not apply to any alien who has been lawfully admitted to the United States under a non-immigrant visa if that alien is:

(1) admitted to the United States for lawful hunting or sporting purposes;

(2) an official representative of a foreign government who is:

(A) accredited to the United States Government or the Government's mission to an international organization having its headquarters in the United States; or

(B) en route to or from another country to which that alien is accredited;

(3) an official of a foreign government or distinguished foreign visitor who has been so designated by the Department of State;

(4) a foreign law enforcement officer of a friendly foreign government entering the United States on official business; or

(5) one who has received a waiver from the Attorney General of the United States pursuant to 18 U.S.C. 922(y)(3);

(j) (Blank);

(k) A person who has been convicted within the past 5 years of battery, assault, aggravated assault, violation of an order of protection, or a substantially similar offense in another jurisdiction, in which a firearm was used or possessed;

(l) A person who has been convicted of domestic battery, aggravated domestic battery, or a substantially similar offense in another jurisdiction committed before, on or after January 1, 2012 (the effective date of Public Act 97-158). If the applicant or person who has been previously issued a Firearm Owner's Identification Card under this Act knowingly and intelligently waives the right to have an offense described in this paragraph (l) tried by a jury, and by guilty plea or otherwise, results in a conviction for an offense in which a domestic relationship is not a required element of the offense but in which a determination of the applicability of 18 U.S.C. 922(g)(9) is made under Section 112A-11.1 of the Code of Criminal Procedure of 1963, an entry by the court of a judgment of conviction for that offense shall be grounds for denying an application for and for revoking and seizing a Firearm Owner's Identification Card previously issued to the person under this Act;

(m) (Blank);

(n) A person who is prohibited from acquiring or possessing firearms or firearm ammunition by any Illinois State statute or by federal law;

(o) A minor subject to a petition filed under Section 5-520 of the Juvenile Court Act of 1987 alleging that the minor is a delinquent minor for the commission of an offense that if committed by an adult would be a felony;

(p) An adult who had been adjudicated a delinquent minor under the Juvenile Court Act of 1987 for the commission of an offense that if committed by an adult would be a felony; or

(q) A person who is not a resident of the State of Illinois, except as provided in subsection (a-10) of Section 4.

(r) The Department of State Police may revoke and seize a Firearm Owner's Identification Card previously issued under this Act of a person who fails to report the loss or theft of a firearm a second time to the local law enforcement agency within 72 hours after obtaining knowledge of the second loss or theft.

(Source: P.A. 96-701, eff. 1-1-10; 97-158, eff. 1-1-12; 97-227, eff. 1-1-12; 97-813, eff. 7-13-12; 97-1131, eff. 1-1-13.)

Section 105. The Criminal Code of 2012 is amended by changing Sections 24-3 and 24-3.5 and by adding Sections 24-3.1A, 24-4.1 as follows:

(720 ILCS 5/24-3) (from Ch. 38, par. 24-3)

Sec. 24-3. Unlawful sale or delivery of firearms.

(A) A person commits the offense of unlawful sale or delivery of firearms when he or she knowingly does any of the following:

(a) Sells or gives any firearm of a size which may be concealed upon the person to any person under 18 years of age.

(b) Sells or gives any firearm to a person under 21 years of age who has been convicted of a misdemeanor other than a traffic offense or adjudged delinquent.

(c) Sells or gives any firearm to any narcotic addict.

(d) Sells or gives any firearm to any person who has been convicted of a felony under the laws of this or any other jurisdiction.

(e) Sells or gives any firearm to any person who has been a patient in a mental hospital within the past 5 years.

(f) Sells or gives any firearms to any person who is intellectually disabled.

(g) Delivers any firearm of a size which may be concealed upon the person, incidental to a sale, without withholding delivery of such firearm for at least 72 hours after application for its purchase has been made, or delivers any rifle, shotgun or other long gun, or a stun gun or taser, incidental to a sale, without withholding delivery of such rifle, shotgun or other long gun, or a stun gun or taser for at least 24 hours after application for its purchase has been made. However, this paragraph (g) does not apply to: (1) the sale of a firearm to a law enforcement officer if the seller of the firearm knows that the person to whom he or she is selling the firearm is a law enforcement officer or the sale of a firearm to a person who desires to purchase a firearm for use in promoting the public interest incident to his or her employment as a bank guard, armed truck guard, or other similar employment; (2) a mail order sale of a firearm to a nonresident of Illinois under which the firearm is mailed to a point outside the boundaries of Illinois; (3) the sale of a firearm to a nonresident of Illinois while at a firearm showing or display recognized by the Illinois Department of State Police; or (4) the sale of a firearm to a dealer licensed as a federal firearms dealer under Section 923 of the federal Gun Control Act of 1968 (18 U.S.C. 923). For purposes of this paragraph (g), "application" means when the buyer and seller reach an agreement to purchase a firearm.

(h) While holding any license as a dealer, importer, manufacturer or pawnbroker under the federal Gun Control Act of 1968, manufactures, sells or delivers to any unlicensed person a handgun having a barrel, slide, frame or receiver which is a die casting of zinc alloy or any other nonhomogeneous metal which will melt or deform at a temperature of less than 800 degrees Fahrenheit. For purposes of this paragraph, (1) "firearm" is defined as in the Firearm Owners Identification Card Act; and (2) "handgun" is defined as a firearm designed to be held and fired by the use of a single hand, and includes a combination of parts from which such a firearm can be assembled.

(i) Sells or gives a firearm of any size to any person under 18 years of age who does not possess a valid Firearm Owner's Identification Card.

(j) Sells or gives a firearm while engaged in the business of selling firearms at wholesale or retail without being licensed as a federal firearms dealer under Section 923 of the federal Gun Control Act of 1968 (18 U.S.C. 923). In this paragraph (j):

A person "engaged in the business" means a person who devotes time, attention, and labor to engaging in the activity as a regular course of trade or business with the principal objective of livelihood and profit, but does not include a person who makes occasional repairs of firearms or who occasionally fits special barrels, stocks, or trigger mechanisms to firearms.

"With the principal objective of livelihood and profit" means that the intent underlying the sale or disposition of firearms is predominantly one of obtaining livelihood and pecuniary gain, as opposed to other intents, such as improving or liquidating a personal firearms collection; however, proof of profit shall not be required as to a person who engages in the regular and repetitive purchase and disposition of firearms for criminal purposes or terrorism.

(k) Sells or transfers ownership of a firearm to a person who does not display to the seller or transferor of the firearm a currently valid Firearm Owner's Identification Card that has previously been issued in the transferee's name by the Department of State Police under the provisions of the Firearm Owners Identification Card Act. This paragraph (k) does not apply to the transfer of a firearm to a person who is exempt from the requirement of possessing a Firearm Owner's Identification Card under Section 2 of the Firearm Owners Identification Card Act. For the purposes of this Section, a currently valid Firearm Owner's Identification Card means (i) a Firearm Owner's Identification Card that has not expired or (ii) if the transferor is licensed as a federal firearms dealer under Section 923 of the federal Gun Control Act of 1968 (18 U.S.C. 923), an approval number issued in accordance with Section 3.1 of the Firearm Owners Identification Card Act shall be proof that the Firearm Owner's Identification Card was valid.

(l) Not being entitled to the possession of a firearm, delivers the firearm, knowing it to have been stolen or converted. It may be inferred that a person who possesses a firearm with knowledge that its serial number has been removed or altered has knowledge that the firearm is stolen or converted.

(m) Transfers or possesses with intent to transfer a firearm to another person who is not a firearms dealer permittee under the Prevention of Gun trafficking Act, without complying with subsection a-5 of Section 3 of the Firearm Owners Identification Card Act by conducting the transfer through a firearms dealer permittee. This paragraph (m) does not apply to a firearms dealer permittee, or any of the persons listed as exceptions in subsection (a-5) of Section 3 of the Firearm Owners Identification Card Act.

(B) Paragraph (h) of subsection (A) does not include firearms sold within 6 months after enactment of Public Act 78-355 (approved August 21, 1973, effective October 1, 1973), nor is any firearm legally owned or possessed by any citizen or purchased by any citizen within 6 months after the enactment of Public Act 78-355 subject to confiscation or seizure under the provisions of that Public Act. Nothing in Public Act 78-355 shall be construed to prohibit the gift or trade of any firearm if that firearm was legally held or acquired within 6 months after the enactment of that Public Act.

(C) Sentence.

(1) Any person convicted of unlawful sale or delivery of firearms in violation of paragraph (c), (e), (f), (g), or (h) of subsection (A) commits a Class 4 felony.

(2) Any person convicted of unlawful sale or delivery of firearms in violation of paragraph (b) or (i) of subsection (A) commits a Class 3 felony.

(3) Any person convicted of unlawful sale or delivery of firearms in violation of paragraph (a) of subsection (A) commits a Class 2 felony.

(4) Any person convicted of unlawful sale or delivery of firearms in violation of paragraph (a), (b), or (i) of subsection (A) in any school, on the real property comprising a school, within 1,000 feet of the real property comprising a school, at a school related activity, or on or within 1,000 feet of any conveyance owned, leased, or contracted by a school or school district to transport students to or from school or a school related activity, regardless of the time of day or time of year at which the offense was committed, commits a Class 1 felony. Any person convicted of a second or subsequent violation of unlawful sale or delivery of firearms in violation of paragraph (a), (b), or (i) of subsection (A) in any school, on the real property comprising a school, within 1,000 feet of the real property comprising a school, at a school related activity, or on or within 1,000 feet of any conveyance owned, leased, or contracted by a school or school district to transport students to or from school or a school related activity, regardless of the time of day or time of year at which the offense was committed, commits a Class 1 felony for which the sentence shall be a term of imprisonment of no less than 5 years and no more than 15 years.

(5) Any person convicted of unlawful sale or delivery of firearms in violation of paragraph (a) or (i) of subsection (A) in residential property owned, operated, or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed-income development, in a public park, in a courthouse, on residential property owned, operated, or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed-income development, on the real property comprising any public park, on the real property comprising any courthouse, or on any public way within 1,000 feet of the real property comprising any public park, courthouse, or residential property owned, operated, or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed-income development commits a Class 2 felony.

(6) Any person convicted of unlawful sale or delivery of firearms in violation of paragraph (j) of subsection (A) commits a Class A misdemeanor. A second or subsequent violation is a Class 4 felony.

(7) Any person convicted of unlawful sale or delivery of firearms in violation of paragraph (k) of subsection (A) commits a Class 4 felony. A third or subsequent conviction for a violation of paragraph (k) of subsection (A) is a Class 1 felony.

(8) A person 18 years of age or older convicted of unlawful sale or delivery of firearms in violation of paragraph (a) or (i) of subsection (A), when the firearm that was sold or given to another person under 18 years of age was used in the commission of or attempt to commit a forcible felony, shall be fined or imprisoned, or both, not to exceed the maximum provided for the most serious forcible felony so committed or attempted by the person under 18 years of age who was sold or given the firearm.

(9) Any person convicted of unlawful sale or delivery of firearms in violation of paragraph (d) of subsection (A) commits a Class 3 felony.

(10) Any person convicted of unlawful sale or delivery of firearms in violation of paragraph (l) of subsection (A) commits a Class 2 felony if the delivery is of one firearm. Any person convicted of unlawful sale or delivery of firearms in violation of paragraph (l) of subsection (A) commits a Class 1 felony if the delivery is of not less than 2 and not more than 5 firearms at the same time or within a one year period. Any person convicted of unlawful sale or delivery of firearms in violation of paragraph (l) of subsection (A) commits a Class X felony for which he or she shall be sentenced to a term of imprisonment of not less than 6 years and not more than 30 years if the delivery is of not less than 6 and not more than 10 firearms at the same time or within a 2 year period. Any person convicted of unlawful sale or delivery of firearms in violation of paragraph (l) of subsection (A) commits a Class X felony for which he or she shall be sentenced to a term of imprisonment of not less than 6 years and not more than 40 years if the delivery is of not less than 11 and not more than 20 firearms at the same time or within a 3 year period. Any person convicted of unlawful sale or delivery of firearms in violation of paragraph (l) of subsection (A) commits a Class X felony for which he or she shall be sentenced to a term of imprisonment of not less than 6 years and not more than 50 years if the delivery is of not less than 21 and not more than 30 firearms at the same time or within a 4 year period. Any person convicted of unlawful sale or delivery of firearms in violation of paragraph (l) of subsection (A) commits a Class X felony for which he or she shall be sentenced to a term of imprisonment of not less than 6 years and not more than 60 years if the delivery is of 31 or more firearms at the same time or within a 5 year period.

(D) For purposes of this Section:

"School" means a public or private elementary or secondary school, community college, college, or university.

"School related activity" means any sporting, social, academic, or other activity for which students' attendance or participation is sponsored, organized, or funded in whole or in part by a school or school district.

(E) A prosecution for a violation of paragraph (k) of subsection (A) of this Section may be commenced within 6 years after the commission of the offense. A prosecution for a violation of this Section other than paragraph (g) of subsection (A) of this Section may be commenced within 5 years after the commission of the offense defined in the particular paragraph.

(Source: P.A. 96-190, eff. 1-1-10; 97-227, eff. 1-1-12; 97-347, eff. 1-1-12; 97-813, eff. 7-13-12.)

(720 ILCS 5/24-3.1A new)

Sec. 24-3.1A. Unlawful private acquisition of firearms.

(a) It is unlawful for any person who is not a firearms dealer permittee under the Prevention of Gun Trafficking Act to acquire a firearm from another person who is not a firearms dealer permittee , without with complying with subsection (a-5) of Section 3 of the Firearm Owners Identification Card Act by conducting the transfer through a firearms dealer permittee.

(b) This section does not apply to the persons listed as exceptions in subsection (a-5) of section 3 of the firearm Owners Identification Card Act.

(c) A violation of this Section is a Class 4 felony for a first offense and a Class 3 felony for a second or subsequent offense.

(720 ILCS 5/24-3.5)

Sec. 24-3.5. Unlawful purchase of a firearm.

(a) For purposes of this Section, "firearms transaction record form" means a form:

(1) executed by a transferee of a firearm stating: (i) the transferee's name and address (including county or similar political subdivision); (ii) whether the transferee is a citizen of the United States; (iii) the transferee's State of residence; and (iv) the date and place of birth, height, weight, and race of the transferee; and

(2) on which the transferee certifies that he or she is not prohibited by federal law from transporting or shipping a firearm in interstate or foreign commerce or receiving a firearm that has been shipped or transported in interstate or foreign commerce or possessing a firearm in or affecting commerce.

(b) A person commits the offense of unlawful purchase of a firearm who knowingly purchases or attempts to purchase a firearm with the intent to deliver that firearm to another person who is prohibited by federal or State law from possessing a firearm.

(c) A person commits the offense of unlawful purchase of a firearm when he or she, in purchasing or attempting to purchase a firearm, intentionally provides false or misleading information on a United States Department of the Treasury, Bureau of Alcohol, Tobacco and Firearms firearms transaction record form.

(c-5) A person commits the offense of unlawful purchase of a firearm who knowingly purchases or attempts to purchase a firearm with the intent to resell or transfer the firearm in violation of federal, State or local law.

(d) Exemption. It is not a violation of subsection (b) of this Section for a person to make a gift or loan of a firearm to a person who is not prohibited by federal or State law from possessing a firearm if the transfer of the firearm is made in accordance with Section 3 of the Firearm Owners Identification Card Act.

(e) Sentence.

(1) A person who commits the offense of unlawful purchase of a firearm:

(A) is guilty of a Class 2 felony for purchasing or attempting to purchase one firearm;

(B) is guilty of a Class 1 felony for purchasing or attempting to purchase not less than 2 firearms and not more than 5 firearms at the same time or within a one year period;

(C) is guilty of a Class X felony for which the offender shall be sentenced to a term of imprisonment of not less than 9 years and not more than 40 years for purchasing or attempting to purchase not less than 6 firearms at the same time or within a 2 year period.

(2) In addition to any other penalty that may be imposed for a violation of this Section, the court may sentence a person convicted of a violation of subsection (c) of this Section to a fine not to exceed $250,000 for each violation.

(f) A prosecution for unlawful purchase of a firearm may be commenced within 6 years after the commission of the offense.

(Source: P.A. 95-882, eff. 1-1-09.)

(720 ILCS 5/24-4.1 new)

Sec. 24-4.1. Report of lost or stolen firearms.

(a) If a person who possesses a firearm thereafter loses or misplaces the firearm, or if the firearm is stolen from the person, the person must report the loss or theft to the local law enforcement agency within 72 hours after when he or she knew or reasonably should have known of the loss or theft.

(b) Subsection (a) does not apply to the following persons:

(1) any federal law enforcement or corrections agency, or federal law enforcement or corrections officer acting within the course and scope of his or her employment or official duties; or

(2) a United States Marshal or member of the Armed Forces of the United States or the National Guard, or a federal official, who is required to possess a firearm in the operation of his or her official duties.

(c) It is unlawful for any person to report to the department that a firearm has been lost or stolen, knowing the report to be false.

(d) A person who violates subsection (a) of this Section is guilty of a petty offense for a first violation. A second or subsequent violation of subsection (a) of this Section is a Class A misdemeanor. A violation of subsection (c) of this Section is a Class 2 felony.

Section 999. Effective date. This Act takes effect upon becoming law.