Illinois General Assembly

Previous General Assemblies

Full Text of SB0947  93rd General Assembly

SB0947ham002 93rd General Assembly


093_SB0947ham002











                                     LRB093 02912 RLC 16166 a

 1                    AMENDMENT TO SENATE BILL 947

 2        AMENDMENT NO.     .  Amend Senate Bill 947,  AS  AMENDED,
 3    by  replacing  everything  after the enacting clause with the
 4    following:

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

 7        (430 ILCS 65/3.5 new)
 8        Sec.  3.5.  Private  transfers  of  firearms  by  persons
 9    attending gun shows.
10        (a) To ensure that, prior to any sale or  transfer  of  a
11    firearm  at a gun show in the State of Illinois, a background
12    check is conducted on the transferor and  the  transferee  of
13    the firearm, the Department of State Police shall establish a
14    system which shall be available for requests from individuals
15    selling  or transferring firearms at a gun show, other than a
16    federally licensed firearms  dealer,  to  conduct  background
17    checks under this system.
18        The  Department  of State Police shall utilize technology
19    which allows the person to be charged a fee equivalent to the
20    cost  of  providing  the  service.  Fees  collected  by   the
21    Department  of  State  Police shall be deposited in the State
22    Police Services Fund and used to provide the service.
 
                            -2-      LRB093 02912 RLC 16166 a
 1        The Department of State Police shall establish a  service
 2    of  conducting  background  checks for individuals selling or
 3    transferring firearms at a gun show, other than  a  federally
 4    licensed   firearm  dealer.  Gun  show  promoters  and  other
 5    interested parties shall access the background  check  system
 6    through  a  process  established  by  the Department of State
 7    Police.
 8        Upon receiving a request from an  individual  selling  or
 9    transferring  firearms  at a gun show, other than a federally
10    licensed firearm dealer, the Department of State Police shall
11    provide, during the initial transferor inquiry, an  approval,
12    denial,  or  conditional  denial  of  the  transfer. The time
13    period for the Department to respond shall begin at the  time
14    the  inquiry  is  received.  When  the  Department provides a
15    conditional denial, the dealer shall not transfer the firearm
16    until an approval is provided by the Department. However,  if
17    any approval or denial is not provided in accordance with the
18    Brady  Handgun  Violence  Prevention  Act  (Brady Act, 1993),
19    Title 18 U.S. Code, Section 922(t) and in Section 24-3 of the
20    Criminal Code of 1961, the transfer may proceed.  Failure  of
21    the  Department  to  provide an approval or denial within the
22    prescribed length of times does not  relieve  the  transferor
23    from  compliance  with  any  other  statutory restrictions on
24    firearm transfers. Regardless of  the  requirements  of  this
25    Section,  transactions must comply with all State and federal
26    firearm laws.
27        (b) Any person who is not a  federally  licensed  firearm
28    dealer  and  who  desires to transfer or sell a firearm while
29    that person is on the grounds of a gun show  must,  prior  to
30    the sale or transfer of the firearm:
31             (1)  Request  the  Department  of  State  Police  to
32        conduct  a  background  check  on  the transferor and the
33        prospective transferee of a firearm and shall provide the
34        following information to the Department:
 
                            -3-      LRB093 02912 RLC 16166 a
 1                  (A) A valid Firearm Owner's Identification Card
 2             number of the transferor and transferee. If there is
 3             not a  valid  Firearm  Owner's  Identification  Card
 4             number, the following shall be provided:
 5                       (i) Name.
 6                       (ii) Date of Birth.
 7                       (iii) Race.
 8                       (iv) Sex.
 9                       (v) State of residency.
10                  (B)  The telephone number of the transferor and
11             transferee.
12                  (C)  The  type  of  firearm  (long gun or short
13             gun).
14             (2)  Receive an  approval  from  the  Department  of
15        State   Police   that,   after  a  background  check  was
16        conducted,  nothing  in  the  records  accessed  by   the
17        Department shall prohibit, based on State or federal law,
18        the purchaser from purchasing or possessing a firearm.
19        (c)  From  the  background  check under this Section, the
20    Department of State Police shall:
21             (1) Determine from  records  and  other  information
22        available  to  it  whether  the recipient is disqualified
23        under State or federal laws from completing the  transfer
24        or  is  otherwise prohibited by State or federal law from
25        purchasing or possessing a firearm; and
26             (2)  Notify  the  transferor  when  a  recipient  is
27        disqualified from completing the transfer or provide  the
28        transferor  with a unique approval number indicating that
29        the recipient is qualified to complete the transfer.  The
30        unique  approval number is a permit valid for 30 days for
31        the requested transfer. If the firearm is not transferred
32        from the transfer to the recipient within 30  days  after
33        receipt of the unique approval number, a new request must
34        be made by the transferor.
 
                            -4-      LRB093 02912 RLC 16166 a
 1        (d)  The Department of State Police shall provide, during
 2    the initial  transferor  inquiry,  an  approval,  denial,  or
 3    conditional  denial  of the transfer. The time period for the
 4    Department to respond shall begin at the time the inquiry  is
 5    received.  When the Department provides a conditional denial,
 6    the transferor  shall  not  transfer  the  firearm  until  an
 7    approval  is  provided  by  the  Department.  However, if any
 8    approval or denial is not provided  in  accordance  with  the
 9    Brady  Handgun  Violence  Prevention  Act  (Brady Act, 1993),
10    Title 18 U.S. Code, Section 922(t) or in Section 24-3 of  the
11    Criminal  Code  of 1961, the transfer may proceed. Failure of
12    the Department to provide an approval or  denial  within  the
13    prescribed  length  of  times does not relieve the transferor
14    from compliance with  any  other  statutory  restrictions  on
15    firearm  transfers.  Regardless  of  the requirements of this
16    Section, transactions must comply with all State and  federal
17    firearm laws.
18        (e) A public employee or public agency incurs no criminal
19    or  civil  liability  for  performing  the  background checks
20    required by this Section, provided  the  employee  or  agency
21    acts in good faith without malice.
22        (f) A transferor other than a gun dealer may not transfer
23    a firearm at a gun show unless the transferor:
24             (1)  Requests  a background check under this Section
25        prior to completing the transferor;
26             (2)  Receives notification  that  the  recipient  is
27        qualified to complete the transfer;
28             (3)  Has  complied with Section 24-3 of the Criminal
29        Code of 1961; and
30             (4)  Has the recipient complete the  form  described
31        in this Section.
32        (g)  The  transferor  shall  retain  the  completed  form
33    referred to in subsection (h) of this Section for at least 10
34    years  and  shall  make  the  completed form available to law
 
                            -5-      LRB093 02912 RLC 16166 a
 1    enforcement   agencies   for   the   purpose   of    criminal
 2    investigations. A gun show promoter shall post in a prominent
 3    place at the gun show a notice explaining the requirements of
 4    this  Section.  The  gun show promoter shall provide the form
 5    required by subsection (h) of  this  Section  to  any  person
 6    transferring a firearm at the gun show.
 7        (h)  The  Department of State Police shall develop a form
 8    to be completed by a person seeking to obtain a firearm at  a
 9    gun  show from a transferor other than a gun show dealer. The
10    Department shall consider including in the form  all  of  the
11    requirements  for disclosure of information that are required
12    by federal law for over-the-counter firearms transactions.
13        (i) Failure  to  comply  with  the  requirement  of  this
14    Section  is a Class A misdemeanor. Failure to comply with the
15    requirements of this Section is  a  Class  2  felony  if  the
16    person has 2 or more previous convictions under this Section.
17        (j) In this Section:
18        "Gun  show"  means  the  entire  premises provided for an
19    event or function, including but not limited to parking areas
20    for the event or function, that is sponsored  to  facilitate,
21    in  whole  or in part, the purchase, sale, offer for sale, or
22    collection of firearms at which:
23             (1)  25 or more firearms are  offered  or  exhibited
24        for sale, transfer, or exchange; or
25             (2)  not less than 3 gun show vendors exhibit, sell,
26        offer for sale, transfer, or exchange firearms.
27        "Gun  show  promoter"  means  a  person  who organizes or
28    operates a gun show.
29        "Gun show vendor" means any person who  exhibits,  sells,
30    offers  for  sale,  transfers, or exchanges any firearms at a
31    gun show, regardless of whether the person  arranges  with  a
32    gun show promoter for a fixed location from which to exhibit,
33    sell, offer for sale, transfer, or exchange any firearm.
34        (k)  The  Department of State Police shall adopt rules to
 
                            -6-      LRB093 02912 RLC 16166 a
 1    carry out the provisions of this Section.".