Illinois General Assembly - Full Text of SB0337
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Full Text of SB0337  100th General Assembly

SB0337eng 100TH GENERAL ASSEMBLY



 


 
SB0337 EngrossedLRB100 05120 SMS 15130 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4
ARTICLE 1. COMBATING ILLEGAL GUN TRAFFICKING ACT

 
5    Section 1-1. References to Act. This Act may be referred
6to as the Combating Illegal Gun Trafficking Act.
 
7
ARTICLE 5. FIREARM DEALER LICENSE CERTIFICATION ACT

 
8    Section 5-1. Short title. This Article 1 may be cited as
9the Firearm Dealer License Certification Act. References in
10this Article to "this Act" mean this Article.
 
11    Section 5-5. Definitions. In this Act:
12    "Certified licensee" means a licensee that has previously
13certified its license with the Department under this Act.
14    "Department" means the Department of State Police.
15    "Director" means the Director of State Police.
16    "Entity" means any person, firm, corporation, group of
17individuals, or other legal entity.
18    "Inventory" means firearms in the possession of an
19individual or entity for the purpose of sale or transfer.
20    "License" means a Federal Firearms License authorizing a

 

 

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1person or entity to engage in the business of dealing firearms.
2    "Licensee" means a person, firm, corporation, or other
3entity who has been given, and is currently in possession of, a
4valid Federal Firearms License.
5    "Retail location" means a store or similar location open to
6the public from which a certified licensee engages in the
7business of selling, transferring, or facilitating a sale or
8transfer of a firearm. For purposes of this Act, a gun show at
9which a certified licensee engages in business from time to
10time is not a retail location.
 
11    Section 5-10. Copy of Federal Firearms License filed with
12the Department. Each licensee shall file with the Department a
13copy of its license, together with a sworn affidavit indicating
14that the license presented is in fact its license and that the
15license is valid. Upon receipt and review by the Department,
16the Department shall issue a certificate of license to the
17licensee, allowing the licensee to conduct business within this
18State. The Department shall issue an initial certificate of
19license within 30 days of receipt of the copy of license and
20sworn affidavit.
 
21    Section 5-15. Certification requirement.
22    (a) Beginning 90 days after the effective date of this Act,
23it is unlawful for a person or entity to engage in the business
24of selling, leasing, or otherwise transferring firearms

 

 

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1without a valid certificate of license issued under this Act.
2In the event that a person or entity maintains multiple
3licenses to engage in different lines of business requiring
4different licenses at one location, then the licenses shall be
5deemed one license for purposes of certification. In the event
6that a person or entity maintains multiple licenses to engage
7in business at multiple locations, under the same business name
8or a different business name, then each license and location
9must receive its own certification.
10    (b) It is unlawful for a person or entity without first
11being a certified licensee under this Act to act as if he or
12she is certified under this Act, to advertise, to assume to act
13as a certified licensee or to use a title implying that the
14person or entity is engaged in business as a certified licensee
15without a license certified under this Act.
16    (c) It is unlawful to obtain or attempt to obtain any
17certificate of license under this Act by material misstatement
18or fraudulent misrepresentation. Notwithstanding the
19provisions of Section 5-85, in addition to any penalty imposed
20under this Section, any certificate of license obtained under
21this Act due to material misstatement or fraudulent
22misrepresentation shall automatically be revoked.
23    (d) A person who violates any provision of this Section is
24guilty of a Class A misdemeanor for a first violation, and a
25Class 4 felony for a second or subsequent violation.
26    (e) In addition to any other penalty provided by law, any

 

 

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1person or entity who violates any provision of this Section
2shall pay a civil penalty to the Department in an amount not to
3exceed $10,000 for each offense, as determined by the
4Department. The civil penalty shall be assessed by the
5Department after a hearing is held in accordance with Sections
65-95 and 5-100.
7    (f) The Department has the authority and power to
8investigate any and all unlicensed activity requiring a license
9certified under this Act.
10    (g) The civil penalty shall be paid within 60 days after
11the effective date of the order imposing the civil penalty. The
12order shall constitute a judgment and may be filed and
13execution had thereon in the same manner as any judgment from
14any court of record.
15    (h) In the event the certification of a certified licensee
16is revoked, it shall be a violation of this Act for the revoked
17licensee to seek certification of a license held under a
18different name, or to re-open as a certified licensee under
19another name using the same license or as the same person or
20entity doing business under a different name.
21    (i) The Department shall require all of the following
22information from each applicant for certification under this
23Act:
24        (1) The name, full business address, and telephone
25    number of the entity. The business address for the entity
26    shall be the complete street address where firearms in the

 

 

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1    inventory of the entity are regularly stored, shall be
2    located within the State, and may not be a Post Office Box.
3        (2) All trade, business, or assumed names used by the
4    certified licensee by and under which the certified
5    licensee sells, transfers, or facilitates transfers of
6    firearms.
7        (3) The type of ownership or operation, such as a
8    partnership, corporation, or sole proprietorship.
9        (4) The name of the owner or operator of the
10    dealership, including:
11            (A) if a person, then the name and address of
12        record of the person;
13            (B) if a partnership, then the name and address of
14        record of each partner and the name of the partnership;
15            (C) if a corporation, then the name, address of
16        record, and title of each corporate officer and
17        director, and each owner of more than 5% of the
18        corporation, the corporate names, and the name of the
19        state of incorporation; and
20            (D) if a sole proprietorship, then the full name
21        and address of record of the sole proprietor and the
22        name of the business entity.
 
23    Section 5-20. Additional licensee requirements.
24    (a) A certified licensee shall make a photo copy of a
25buyer's or transferee's valid photo identification card

 

 

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1whenever a firearm sale transaction takes place. The photo copy
2shall be attached to the documentation detailing the record of
3sale.
4    (b) A certified licensee shall post in a conspicuous
5position on the premises where the licensee conducts business a
6sign that contains the following warning in block letters not
7less than one inch in height:
8        "With few exceptions, it is unlawful for you to:
9            (A) store or leave an unsecured firearm in a place
10        where a child can obtain access to it;
11            (B) sell or transfer your firearm to someone else
12        without receiving approval for the transfer from the
13        Department of State Police, or
14            (C) fail to report the loss or theft of your
15        firearm to local law enforcement within 72 hours.".
16    (c) No retail location established after the effective date
17of this Act shall be located within 500 feet of any school,
18pre-school, or day care facility in existence at its location
19before the retail location is established.
 
20    Section 5-25. Exemptions.
21    The provisions of this Act related to the certification of
22a license do not apply to a person or entity that engages in
23the following activities:
24        (1) temporary transfers of firearms solely for use at
25    the location or on the premises where the transfer takes

 

 

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1    place, such as transfers at a shooting range for use at
2    that location;
3        (2) temporary transfers of firearms solely for use
4    while in the presence of the transferor or transfers for
5    the purposes of firearm safety training by a firearms
6    safety training instructor;
7        (3) transfers of firearms among immediate family or
8    household members, as "immediate family or household
9    member" is defined in Section 3-2.7-10 of the Unified Code
10    of Corrections, provided that both the transferor and
11    transferee have a currently valid Firearm Owner's
12    Identification Card; however, this paragraph (3) does not
13    limit the familial gift exemption under paragraph (2) of
14    subsection (a-15) of Section 3 of the Firearm Owners
15    Identification Card Act;
16        (4) transfers by persons or entities acting under
17    operation of law or a court order;
18        (5) transfers by persons or entities liquidating all or
19    part of a collection. For purposes of this paragraph (5),
20    "collection" means 2 or more firearms which are of special
21    interest to collectors by reason of some quality other than
22    is associated with firearms intended for sporting use or as
23    offensive or defensive weapons;
24        (6) transfers of firearms that have been rendered
25    permanently inoperable to a nonprofit historical society,
26    museum, or institutional collection;

 

 

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1        (7) transfers by a law enforcement or corrections
2    agency or a law enforcement or corrections officer acting
3    within the course and scope of his or her official duties;
4        (8) transfers to a State or local law enforcement
5    agency by a person who has his or her Firearm Owner's
6    Identification Card revoked;
7        (9) transfers of curios and relics, as defined under
8    federal law, between collectors licensed under subsection
9    (b) of Section 923 of the federal Gun Control Act of 1968;
10        (10) transfers by a person or entity licensed as an
11    auctioneer under the Auction License Act; or
12        (11) transfers between a pawnshop and a customer which
13    amount to a bailment. For purposes of this paragraph (11),
14    "bailment" means the act of placing property in the custody
15    and control of another, by agreement in which the holder is
16    responsible for the safekeeping and return of the property.
 
17    Section 5-30. Training of certified licensees. Any
18certified licensee and any employee of a certified licensee who
19sells or transfers firearms shall receive at least 2 hours of
20training annually regarding legal requirements and responsible
21business practices as applicable to the sale or transfer or
22firearms. The Department may adopt rules regarding continuing
23education for certified licensees.
 
24    Section 5-35. Inspection of licensees' places of business.

 

 

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1Licensees shall have their places of business open for
2inspection by the Department and law enforcement during all
3hours of operation, provided that the Department or law
4enforcement may conduct no more than one unannounced inspection
5per business per year without good cause. Licensees shall make
6all records, documents, and firearms accessible for inspection
7upon the request of the Department or law enforcement agency.
 
8    Section 5-40. Qualifications for operation.
9    (a) Each certified licensee shall submit with each
10application for certification or renewal an affidavit to the
11Department stating that each owner, employee, or other agent of
12the certified licensee who sells or conducts transfers of
13firearms for the certified licensee is at least 21 years of
14age, has a currently valid Firearm Owner's Identification Card
15and, for a renewal, has completed the training required under
16Section 5-30. The affidavit must also contain the name and
17Firearm Owner's Identification Card number of each owner,
18employee, or other agent who sells or conducts transfers of
19firearms for the certified licensee.
20    (b) In addition to the affidavit required under subsection
21(a), within 30 days of a new owner, employee, or other agent
22beginning selling or conducting transfers of firearms for the
23certified licensee, the certified licensee shall submit an
24affidavit to the Department stating the date that the new
25owner, employee, or other agent began selling or conducting

 

 

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1transfers of firearms for the certified licensee, and providing
2the information required in subsection (a) for that new owner,
3employee, or other agent.
4    (c) Each certified licensee must not have had a license or
5permit to sell, lease, transfer, purchase, or possess firearms
6from the federal government or the government of any state or
7subdivision of any state revoked or suspended for good cause
8within the preceding 3 years. The Department may consider the
9revocation or suspension within the context of the conduct of
10the certified licensee within this State, the number of retail
11locations the certified licensee or any related person or
12entity operates in this State or in other states, under the
13same or different business names, and the severity of the
14infraction leading to revocation or suspension.
15    (d) Applications and affidavits required under this
16Section are not subject to disclosure by the Department under
17the Freedom of Information Act.
 
18    Section 5-45. Issuance of subpoenas. The Department may
19subpoena and bring before it any person or entity to take oral
20or written testimony or may compel the production of any books,
21papers, records, or any other documents that the Department
22deems relevant or material to an investigation or hearing
23conducted by the Department in the enforcement of this Act,
24with the same fees and in the same manner prescribed in civil
25cases in the courts of this State.
 

 

 

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1    Section 5-50. Security system.
2    (a) On or before January 2, 2021, each certified licensee
3operating a retail location in this State must maintain a video
4security system and shall maintain video surveillance of
5critical areas of the business premises, including, but not
6limited to, all places where firearms are stored, handled,
7sold, transferred, or carried, and each entrance and exit. A
8video surveillance system of the certified licensee's retail
9location may not be installed in a bathroom and may not monitor
10inside the bathrooms located in the retail location.
11    (b) Each certified licensee operating a retail
12establishment in this State must post a sign in a conspicuous
13place at each entrance to the retail location that states in
14block letters not less than one inch in height: "THESE PREMISES
15ARE UNDER VIDEO SURVEILLANCE. YOUR IMAGE MAY BE RECORDED.".
16    (c) On or before January 2, 2020, each certified licensee
17maintaining an inventory of firearms for sale or transfer must
18be connected to an alarm monitoring system or service that will
19notify its local law enforcement agency of an unauthorized
20intrusion into the premises of the licensee where the firearm
21inventory is maintained.
 
22    Section 5-55. Safe storage by certified licensees. In
23addition to adequate locks, exterior lighting, surveillance
24cameras, alarm systems, and other anti-theft measures and

 

 

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1practices, a certified licensee maintaining a retail location
2shall develop a plan that addresses the safe storage of
3firearms and ammunition during retail hours and after closing.
4The certified licensee shall submit its safe storage plan to
5the Department and the plan shall be deemed approved unless it
6is rejected by the Department. The Department may reject the
7plan if it is inadequate, along with a written statement
8describing the inadequacy. The certified licensee shall submit
9a corrected plan to the Department within 60 days of notice of
10an inadequate plan. In the event there are still problems with
11the corrected plan, the certified licensee shall have 60 days
12from each notice of an inadequate plan to submit a corrected
13plan. The Department may reject the corrected plan if it is
14inadequate. A certified licensee may operate at all times that
15a plan is on file with the Department, and during times
16permitted by this Section to prepare and submit corrected
17plans. That any certified licensee has operated without an
18approved safe storage plan for more than 60 days shall be
19grounds for revocation of a certificate of license. The
20Department may adopt rules regarding the adequacy of a safe
21storage plan. Safe storage plans required under this Section
22are not subject to disclosure by the Department under the
23Freedom of Information Act.
 
24    Section 5-60. Statewide compliance standards. The
25Department shall develop and implement by rule a statewide

 

 

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1standard for assisting certified licensees in recognizing
2indicators that would lead a reasonable dealer to refuse sale
3of a firearm.
 
4    Section 5-65. Electronic-based recordkeeping. On or before
5January 2, 2020, each certified licensee shall implement an
6electronic-based record system to keep track of its changing
7inventory by updating the make, model, caliber or gauge, and
8serial number of each firearm that is received or sold by the
9certified licensee. Retail sales and purchases shall be
10recorded within 24 hours of the transaction. Shipments of
11firearms from manufacturers or wholesalers shall be recorded
12upon the earlier of five business days or with 24 hours of the
13shipment being unpacked and the firearm placed in inventory.
14Each certified licensee shall maintain these records for a
15period of no less than the time period under 27 CFR 478.129 or
16any subsequent law that regulates the retention of records.
 
17    Section 5-70. Fees and fines deposited in the Firearm
18Dealer License Certification Fund. The Department shall set
19and collect a fee for each licensee certifying under this Act.
20The fee may not exceed $300 for a certified licensee operating
21without a retail location. The fee may not exceed $1,500 for
22any certified licensee operating with a retail location. The
23Department shall consider the number of retail locations
24operated by the certified licensee in this State, under the

 

 

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1same or different business names, and shall set fees
2appropriate for certifying multiple licenses operated by the
3certified licensee. All fees and fines collected under this Act
4shall be deposited in the Firearm Dealer License Certification
5Fund which is created in the State treasury. Moneys in the Fund
6shall be used for implementation and administration of this
7Act.
 
8    Section 5-75. Term of license. Each certification shall be
9valid for the term of the license being certified. A licensee
10shall certify each new or renewed license. However, the
11Department is not required to renew a certification if a prior
12certification has been revoked or suspended.
 
13    Section 5-80. Retention of records. Each certified
14licensee shall keep, either in electronic form or hard copy,
15all inventory records for a period of time no less than the
16time required under 27 CFR 478.129 or any subsequent law that
17regulates the retention of records. All video surveillance
18records, along with any sound recordings obtained from them,
19shall be kept for a period of not less than 90 days.
 
20    Section 5-85. Disciplinary sanctions.
21    (a) For violations of this Act not penalized under Section
225-15, the Department may refuse to renew or restore, or may
23reprimand, place on probation, suspend, revoke, or take other

 

 

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1disciplinary or non-disciplinary action against any licensee,
2and may impose a fine commensurate with the severity of the
3violation not to exceed $10,000 for each violation for any of
4the following, consistent with the Protection of Lawful
5Commerce in Arms Act, 15 U.S.C. 7901 through 7903:
6        (1) Violations of this Act, or any law applicable to
7    the sale or transfer of firearms.
8        (2) A pattern of practice or other behavior which
9    demonstrates incapacity or incompetency to practice under
10    this Act.
11        (3) Aiding or assisting another person in violating any
12    provision of this Act or rules adopted under this Act.
13        (4) Failing, within 60 days, to provide information in
14    response to a written request made by the Department.
15        (5) Conviction of, plea of guilty to, or plea of nolo
16    contendere to any crime that disqualifies the person from
17    obtaining a valid Firearm Owner's Identification Card.
18        (6) Continued practice, although the person has become
19    unfit to practice due to any of the following:
20            (A) Any circumstance that disqualifies the person
21        from obtaining a valid Firearm Owner's Identification
22        Card or concealed carry license.
23            (B) Habitual or excessive use or abuse of drugs
24        defined in law as controlled substances, alcohol, or
25        any other substance that results in the inability to
26        practice with reasonable judgment, skill, or safety.

 

 

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1        (7) Receiving, directly or indirectly, compensation
2    for any firearms sold or transferred illegally.
3        (8) Discipline by another United States jurisdiction,
4    foreign nation, or governmental agency, if at least one of
5    the grounds for the discipline is the same or substantially
6    equivalent to those set forth in this Act.
7        (9) Violation of any disciplinary order imposed on a
8    licensee by the Department.
9        (10) A finding by the Department that the licensee,
10    after having his or her certified license placed on
11    probationary status, has violated the terms of probation.
12        (11) A fraudulent or material misstatement in the
13    completion of an affirmative obligation or inquiry by law
14    enforcement.
15    (b) All fines imposed under this Section shall be paid
16within 60 days after the effective date of the final order
17imposing the fine.
 
18    Section 5-90. Statute of limitations. No action may be
19taken under this Act against a person or entity certified under
20this Act unless the action is commenced within 5 years after
21the occurrence of the alleged violations. A continuing
22violation shall be deemed to have occurred on the date when the
23circumstances last existed that give rise to the alleged
24violation.
 

 

 

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1    Section 5-95. Complaints; investigations; hearings.
2    (a) The Department may investigate the actions of any
3applicant or of any person or persons holding or claiming to
4hold a license or registration under this Act.
5    (b) The Department shall, before disciplining a licensee
6under Section 5-85 or refusing to issue a certificate of
7license, at least 30 days before the date set for the hearing,
8(i) notify the accused in writing of the charges made and the
9time and place for the hearing on the charges, (ii) direct him
10or her to file a written answer to the charges under oath
11within 20 days after service, and (iii) inform the licensee
12that failure to answer will result in a default being entered
13against the licensee.
14    (c) At the time and place fixed in the notice, the Director
15or the hearing officer appointed by the Director shall proceed
16to hear the charges, and the parties or their counsel shall be
17accorded ample opportunity to present any pertinent
18statements, testimony, evidence, and arguments. The Director
19or hearing officer may continue the hearing from time to time.
20In case the person, after receiving the notice, fails to file
21an answer, his, her, or its license may, in the discretion of
22the Director, having first received the recommendation of the
23Director, be suspended, revoked, or placed on probationary
24status, or be subject to whatever disciplinary action the
25Director considers proper, including limiting the scope,
26nature, or extent of the person's business, or the imposition

 

 

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1of a fine, without hearing, if the act or acts charged
2constitute sufficient grounds for that action under this Act.
3    (d) The written notice and any notice in the subsequent
4proceeding may be served by certified mail to the licensee's
5address of record.
6    (e) The Director has the authority to appoint any attorney
7licensed to practice law in this State to serve as the hearing
8officer in any action for refusal to issue, restore, or renew a
9license, or to discipline a licensee. The hearing officer has
10full authority to conduct the hearing.
 
11    Section 5-100. Hearing; rehearing.
12    (a) The Director or the hearing officer authorized by the
13Department shall hear evidence in support of the formal charges
14and evidence produced by the licensee. At the conclusion of the
15hearing, the Director shall prepare a written report of his or
16her findings of fact, conclusions of law, and recommendations.
17The report shall contain a finding of whether the accused
18person violated this Act or failed to comply with the
19conditions required in this Act.
20    (b) At the conclusion of the hearing, a copy of the
21Director's or hearing officer's report shall be served upon the
22licensee by the Department, either personally or as provided in
23this Act, for the service of a notice of hearing. Within 20
24calendar days after service, the licensee may present to the
25Department a motion in writing for a rehearing, which shall

 

 

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1specify the particular grounds for rehearing. The Department
2may respond to the motion for rehearing within 20 calendar days
3after its service on the Department. If no motion for rehearing
4is filed, then upon the expiration of the time specified for
5filing such a motion, or upon denial of a motion for rehearing,
6the Director may enter an order in accordance with his or her
7recommendations or the recommendations of the hearing officer.
8If the licensee orders from the reporting service and pays for
9a transcript of the record within the time for filing a motion
10for rehearing, the 20-day period within which a motion may be
11filed shall commence upon the delivery of the transcript to the
12licensee.
13    (c) All proceedings under this Section are matters of
14public record and shall be preserved.
15    (d) The licensee may continue to operate during the course
16of an investigation or hearing, unless the Director finds that
17the public interest, safety, or welfare requires an emergency
18action.
19    (e) Upon the suspension or revocation of a certificate of
20license, the licensee shall surrender the certificate to the
21Department and, upon failure to do so, the Department shall
22seize the same. However, when the certification of a certified
23licensee is suspended, the certified licensee shall not operate
24as a certified licensee during the period in which the
25certificate is suspended and, if operating during that period,
26shall be operating in violation of subsection (a) of Section

 

 

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15-15 of this Act. A person who violates this Section is guilty
2of a Class A misdemeanor for a first violation, and a Class 4
3felony for a second or subsequent violation. In addition to any
4other penalty provided by law, any person or entity who
5violates this Section shall pay a civil penalty to the
6Department in an amount not to exceed $2,500 for the first
7violation, and a fine not to exceed $5,000 for a second or
8subsequent violation.
 
9    Section 5-105. Restoration of certificate of license after
10disciplinary proceedings. At any time after the successful
11completion of a term of indefinite probation, indefinite
12suspension, or revocation of a certificate of license, the
13Department may restore it to the licensee, unless, after an
14investigation and a hearing, the Director determines that
15restoration is not in the public interest. No person or entity
16whose certificate of license, card, or authority has been
17revoked as authorized in this Act may apply for restoration of
18that certificate of license, card, or authority until such time
19as provided for in the Civil Administrative Code of Illinois.
 
20    Section 5-110. Administrative review. All final
21administrative decisions of the Department are subject to
22judicial review under Article III of the Code of Civil
23Procedure. The term "administrative decision" is defined as in
24Section 3-101 of the Code of Civil Procedure. The proceedings

 

 

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1for judicial review shall be commenced in the circuit court of
2the county in which the party applying for review resides, but
3if the party is not a resident of this State, the venue shall
4be in Sangamon County. The Department shall not be required to
5certify any record to the court, or file any answer in court,
6or otherwise appear in any court in a judicial review
7proceeding, unless, and until, the Department has received from
8the plaintiff payment of the costs of furnishing and certifying
9the record, which costs shall be determined by the Department.
10Exhibits shall be certified without cost. Failure on the part
11of the applicant or licensee to file a receipt in court is
12grounds for dismissal of the action.
 
13    Section 5-115. Prima facie proof.
14    (a) An order or a certified copy thereof, over the seal of
15the Department and purporting to be signed by the Director, is
16prima facie proof that the signature is that of the Director,
17and the Director is qualified to act.
18    (b) A certified copy of a record of the Department shall,
19without further proof, be admitted into evidence in any legal
20proceeding, and shall be prima facie correct and prima facie
21evidence of the information contained therein.
 
22
ARTICLE 10. GUN TRAFFICKING INFORMATION ACT

 
23    Section 10-1. Short title. This Article 5 may be cited as

 

 

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1the Gun Trafficking Information Act. References in this Article
2to "this Act" mean this Article.
 
3    Section 10-5. Gun trafficking information.
4    (a) The Department of State Police shall use all reasonable
5efforts in making publicly available, on a regular and ongoing
6basis, key information related to firearms used in the
7commission of crimes in this State, including, but not limited
8to: reports on crimes committed with firearms, locations where
9the crimes occurred, the number of persons killed or injured in
10the commission of the crimes, the state where the firearms used
11originated, the Federal Firearms Licensee that sold the
12firearm, and the type of firearms used. The Department shall
13make the information available on its website, in addition to
14electronically filing a report with the Governor and the
15General Assembly. The report to the General Assembly shall be
16filed with the Clerk of the House of Representatives and the
17Secretary of the Senate in electronic form only, in the manner
18that the Clerk and the Secretary shall direct.
19    (b) The Department shall study, on a regular and ongoing
20basis, and compile reports on the number of Firearm Owner's
21Identification Card checks to determine firearms trafficking
22or straw purchase patterns. The Department shall, to the extent
23not inconsistent with law, share such reports and underlying
24data with academic centers, foundations, and law enforcement
25agencies studying firearms trafficking, provided that

 

 

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1personally identifying information is protected. For purposes
2of this subsection (b), a Firearm Owner's Identification Card
3number is not personally identifying information, provided
4that no other personal information of the card holder is
5attached to the record. The Department may create and attach an
6alternate unique identifying number to each Firearm Owner's
7Identification Card number, instead of releasing the Firearm
8Owner's Identification Card number itself.
9    (c) Each department, office, division, and agency of this
10State shall, to the extent not inconsistent with law, cooperate
11fully with the Department and furnish the Department with all
12relevant information and assistance on a timely basis as is
13necessary to accomplish the purpose of this Act. The Illinois
14Criminal Justice Information Authority shall submit the
15information required in subsection (a) of this Section to the
16Department of State Police, and any other information as the
17Department may request, to assist the Department in carrying
18out its duties under this Act.
 
19
ARTICLE 15. AMENDATORY PROVISIONS

 
20    Section 15-3. The State Finance Act is amended by adding
21Section 5.886 as follows:
 
22    (30 ILCS 105/5.886 new)
23    Sec. 5.886. The Firearm Dealer License Certification Fund.
 

 

 

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1    Section 15-5. The Firearm Owners Identification Card Act is
2amended by changing Section 3 as follows:
 
3    (430 ILCS 65/3)  (from Ch. 38, par. 83-3)
4    Sec. 3. (a) Except as provided in Section 3a, no person may
5knowingly transfer, or cause to be transferred, any firearm,
6firearm ammunition, stun gun, or taser to any person within
7this State unless the transferee with whom he deals displays
8either: (1) a currently valid Firearm Owner's Identification
9Card which has previously been issued in his or her name by the
10Department of State Police under the provisions of this Act; or
11(2) a currently valid license to carry a concealed firearm
12which has previously been issued in his or her name by the
13Department of State Police under the Firearm Concealed Carry
14Act. In addition, all firearm, stun gun, and taser transfers by
15federally licensed firearm dealers are subject to Section 3.1.
16    (a-5) Any person who is not a federally licensed firearm
17dealer and who desires to transfer or sell a firearm while that
18person is on the grounds of a gun show must, before selling or
19transferring the firearm, request the Department of State
20Police to conduct a background check on the prospective
21recipient of the firearm in accordance with Section 3.1.
22    (a-10) Notwithstanding item (2) of subsection (a) of this
23Section, any person who is not a federally licensed firearm
24dealer and who desires to transfer or sell a firearm or

 

 

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1firearms to any person who is not a federally licensed firearm
2dealer shall, before selling or transferring the firearms,
3contact the Department of State Police with the transferee's or
4purchaser's Firearm Owner's Identification Card number to
5determine the validity of the transferee's or purchaser's
6Firearm Owner's Identification Card. This subsection shall not
7be effective until January 1, 2014. The Department of State
8Police may adopt rules concerning the implementation of this
9subsection. The Department of State Police shall provide the
10seller or transferor an approval number if the purchaser's
11Firearm Owner's Identification Card is valid. Approvals issued
12by the Department for the purchase of a firearm pursuant to
13this subsection are valid for 30 days from the date of issue.
14    (a-15) The provisions of subsection (a-10) of this Section
15do not apply to:
16        (1) transfers that occur at the place of business of a
17    federally licensed firearm dealer, if the federally
18    licensed firearm dealer conducts a background check on the
19    prospective recipient of the firearm in accordance with
20    Section 3.1 of this Act and follows all other applicable
21    federal, State, and local laws as if he or she were the
22    seller or transferor of the firearm, although the dealer is
23    not required to accept the firearm into his or her
24    inventory. The purchaser or transferee may be required by
25    the federally licensed firearm dealer to pay a fee not to
26    exceed $10 per firearm, which the dealer may retain as

 

 

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1    compensation for performing the functions required under
2    this paragraph, plus the applicable fees authorized by
3    Section 3.1;
4        (2) transfers as a bona fide gift to the transferor's
5    husband, wife, son, daughter, stepson, stepdaughter,
6    father, mother, stepfather, stepmother, brother, sister,
7    nephew, niece, uncle, aunt, grandfather, grandmother,
8    grandson, granddaughter, father-in-law, mother-in-law,
9    son-in-law, or daughter-in-law;
10        (3) transfers by persons acting pursuant to operation
11    of law or a court order;
12        (4) transfers on the grounds of a gun show under
13    subsection (a-5) of this Section;
14        (5) the delivery of a firearm by its owner to a
15    gunsmith for service or repair, the return of the firearm
16    to its owner by the gunsmith, or the delivery of a firearm
17    by a gunsmith to a federally licensed firearms dealer for
18    service or repair and the return of the firearm to the
19    gunsmith;
20        (6) temporary transfers that occur while in the home of
21    the unlicensed transferee, if the unlicensed transferee is
22    not otherwise prohibited from possessing firearms and the
23    unlicensed transferee reasonably believes that possession
24    of the firearm is necessary to prevent imminent death or
25    great bodily harm to the unlicensed transferee;
26        (7) transfers to a law enforcement or corrections

 

 

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1    agency or a law enforcement or corrections officer acting
2    within the course and scope of his or her official duties;
3        (8) transfers of firearms that have been rendered
4    permanently inoperable to a nonprofit historical society,
5    museum, or institutional collection; and
6        (9) transfers to a person who is exempt from the
7    requirement of possessing a Firearm Owner's Identification
8    Card under Section 2 of this Act.
9    (a-20) The Department of State Police shall develop an
10Internet-based system for individuals to determine the
11validity of a Firearm Owner's Identification Card prior to the
12sale or transfer of a firearm. The Department shall have the
13Internet-based system completed and available for use by July
141, 2015. The Department shall adopt rules not inconsistent with
15this Section to implement this system.
16    (b) Any person within this State who transfers or causes to
17be transferred any firearm, stun gun, or taser shall keep a
18record of such transfer for a period of 10 years from the date
19of transfer. Such record shall contain the date of the
20transfer; the description, serial number or other information
21identifying the firearm, stun gun, or taser if no serial number
22is available; and, if the transfer was completed within this
23State, the transferee's Firearm Owner's Identification Card
24number and any approval number or documentation provided by the
25Department of State Police pursuant to subsection (a-10) of
26this Section; if the transfer was not completed within this

 

 

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1State, the record shall contain the name and address of the
2transferee. On or after January 1, 2006, the record shall
3contain the date of application for transfer of the firearm. On
4demand of a peace officer such transferor shall produce for
5inspection such record of transfer. If the transfer or sale
6took place at a gun show, the record shall include the unique
7identification number. Failure to record the unique
8identification number or approval number is a petty offense.
9For transfers of a firearm, stun gun, or taser made on or after
10the effective date of this amendatory Act of the 100th General
11Assembly, failure by the private seller to maintain the
12transfer records in accordance with this Section is a Class A
13misdemeanor for the first offense and a Class 4 felony for a
14second or subsequent offense.
15    (b-5) Any resident may purchase ammunition from a person
16within or outside of Illinois if shipment is by United States
17mail or by a private express carrier authorized by federal law
18to ship ammunition. Any resident purchasing ammunition within
19or outside the State of Illinois must provide the seller with a
20copy of his or her valid Firearm Owner's Identification Card or
21valid concealed carry license and either his or her Illinois
22driver's license or Illinois State Identification Card prior to
23the shipment of the ammunition. The ammunition may be shipped
24only to an address on either of those 2 documents.
25    (c) The provisions of this Section regarding the transfer
26of firearm ammunition shall not apply to those persons

 

 

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1specified in paragraph (b) of Section 2 of this Act.
2(Source: P.A. 98-508, eff. 8-19-13; 99-29, eff. 7-10-15.)
 
3
ARTICLE 20. SEVERABILITY

 
4    Section 20-97. Severability. The provisions of this Act are
5severable under Section 1.31 of the Statute on Statutes.