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

SB0337sam003 100TH GENERAL ASSEMBLY

Sen. Don Harmon

Filed: 5/15/2018

 

 


 

 


 
10000SB0337sam003LRB100 05120 RLC 40159 a

1
AMENDMENT TO SENATE BILL 337

2    AMENDMENT NO. ______. Amend Senate Bill 337, AS AMENDED, by
3replacing everything after the enacting clause with the
4following:
 
5
"ARTICLE 1. COMBATING ILLEGAL GUN TRAFFICKING ACT

 
6    Section 1-1. References to Act. This Act may be referred
7to as the Combating Illegal Gun Trafficking Act.
 
8
ARTICLE 5. FIREARM DEALER LICENSE CERTIFICATION ACT

 
9    Section 5-1. Short title. This Article 1 may be cited as
10the Firearm Dealer License Certification Act. References in
11this Article to "this Act" mean this Article.
 
12    Section 5-5. Definitions. In this Act:
13    "Certified licensee" means a licensee that has previously

 

 

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1certified its license with the Department under this Act.
2    "Department" means the Department of State Police.
3    "Director" means the Director of State Police.
4    "Entity" means any person, firm, corporation, group of
5individuals, or other legal entity.
6    "Inventory" means firearms in the possession of an
7individual or entity for the purpose of sale or transfer.
8    "License" means a Federal Firearms License authorizing an
9individual to engage in the business of dealing firearms.
10    "Licensee" means a person, firm, corporation, or other
11entity who has been given, and is currently in possession of, a
12valid Federal Firearms License.
13    "Retail location" means a store or similar location open to
14the public from which a certified licensee engages in the
15business of selling, transferring, or facilitating a sale or
16transfer of a firearm. For purposes of this Act, a gun show at
17which a certified licensee engages in business from time to
18time is not a retail location.
 
19    Section 5-10. Copy of Federal Firearms License filed with
20the Department. Each licensee shall file with the Department a
21copy of its license, together with a sworn affidavit indicating
22that the license presented is in fact its license and that the
23license is valid. Upon receipt and review by the Department,
24the Department shall issue a certificate of license to the
25licensee, allowing the licensee to conduct business within this

 

 

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1State. The Department shall issue an initial certificate of
2license within 30 days of receipt of the copy of license and
3sworn affidavit.
 
4    Section 5-15. Certification requirement.
5    (a) Beginning 90 days after the effective date of this Act,
6it is unlawful for a person or entity to engage in the business
7of selling, leasing, or otherwise transferring firearms
8without a valid certificate of license issued under this Act.
9In the event that a person or entity maintains multiple
10licenses to engage in different lines of business requiring
11different licenses at one location, then the licenses shall be
12deemed one license for purposes of certification. In the event
13that a person or entity maintains multiple licenses to engage
14in business at multiple locations, then each license and
15location must receive its own certification.
16    (b) It is unlawful for a person or entity without first
17being a certified licensee under this Act to act as if he or
18she is certified under this Act, to advertise, to assume to act
19as a certified licensee or to use a title implying that the
20person or entity is engaged in business as a certified licensee
21without a license certified under this Act.
22    (c) It is unlawful to obtain or attempt to obtain any
23certificate of license under this Act by material misstatement
24or fraudulent misrepresentation. Notwithstanding the
25provisions of Section 5-85, in addition to any penalty imposed

 

 

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1under this Section, any certificate of license obtained under
2this Act due to material misstatement or fraudulent
3misrepresentation shall automatically be revoked.
4    (d) A person who violates any provision of this Section is
5guilty of a Class A misdemeanor for a first violation, and a
6Class 4 felony for a second or subsequent violation.
7    (e) In addition to any other penalty provided by law, any
8person or entity who violates any provision of this Section
9shall pay a civil penalty to the Department in an amount not to
10exceed $10,000 for each offense, as determined by the
11Department. The civil penalty shall be assessed by the
12Department after a hearing is held in accordance with Sections
135-95 and 5-100.
14    (f) The Department has the authority and power to
15investigate any and all unlicensed activity requiring a license
16certified under this Act.
17    (g) The civil penalty shall be paid within 60 days after
18the effective date of the order imposing the civil penalty. The
19order shall constitute a judgment and may be filed and
20execution had thereon in the same manner as any judgment from
21any court of record.
22    (h) In the event the certification of a certified licensee
23is revoked, it shall be a violation of this Act for the revoked
24licensee to seek certification of a license held under a
25different name, or to re-open as a certified licensee under
26another name using the same license or as the same person or

 

 

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1entity doing business under a different name.
2    (i) The Department shall require all of the following
3information from each applicant for certification under this
4Act:
5        (1) The name, full business address, and telephone
6    number of the entity. The business address for the entity
7    shall be the complete street address where firearms in the
8    inventory of the entity are regularly stored, shall be
9    located within the State, and may not be a Post Office Box.
10        (2) All trade, business, or assumed names used by the
11    certified licensee.
12        (3) The type of ownership or operation, such as a
13    partnership, corporation, or sole proprietorship.
14        (4) The name of the owner or operator of the
15    dealership, including:
16            (A) if a person, then the name and address of
17        record of the person;
18            (B) if a partnership, then the name and address of
19        record of each partner and the name of the partnership;
20            (C) if a corporation, then the name, address of
21        record, and title of each corporate officer and
22        director, and each owner of more than 5% of the
23        corporation, the corporate names, and the name of the
24        state of incorporation; and
25            (D) if a sole proprietorship, then the full name
26        and address of record of the sole proprietor and the

 

 

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

 

 

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1    The provisions of this Act related to the certification of
2a license do not apply to a person or entity that engages in
3the following activities:
4        (1) temporary transfers of firearms solely for use at
5    the location or on the premises where the transfer takes
6    place, such as transfers at a shooting range for use at
7    that location;
8        (2) temporary transfers of firearms solely for use
9    while in the presence of the transferor or transfers for
10    the purposes of firearm safety training by a firearms
11    safety training instructor;
12        (3) transfers of firearms among immediate family or
13    household members, as "immediate family or household
14    member" is defined in Section 3-2.7-10 of the Unified Code
15    of Corrections, provided that both the transferor and
16    transferee have a currently valid Firearm Owner's
17    Identification Card; however, this paragraph (3) does not
18    limit the familial gift exemption under paragraph (2) of
19    subsection (a-15) of Section 3 of the Firearm Owners
20    Identification Card Act;
21        (4) transfers by persons or entities acting under
22    operation of law or a court order;
23        (5) transfers by persons or entities liquidating all or
24    part of a collection. For purposes of this paragraph (5),
25    "collection" means 2 or more firearms which are of special
26    interest to collectors by reason of some quality other than

 

 

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1    is associated with firearms intended for sporting use or as
2    offensive or defensive weapons;
3        (6) transfers of firearms that have been rendered
4    permanently inoperable to a nonprofit historical society,
5    museum, or institutional collection;
6        (7) transfers by a law enforcement or corrections
7    agency or a law enforcement or corrections officer acting
8    within the course and scope of his or her official duties;
9        (8) transfers to a State or local law enforcement
10    agency by a person who has his or her Firearm Owner's
11    Identification Card revoked;
12        (9) transfers of curios and relics, as defined under
13    federal law, between collectors licensed under subsection
14    (b) of Section 923 of the federal Gun Control Act of 1968;
15        (10) transfers by a person or entity licensed as an
16    auctioneer under the Auction License Act; or
17        (11) transfers between a pawnshop and a customer which
18    amount to a bailment. For purposes of this paragraph (11),
19    "bailment" means the act of placing property in the custody
20    and control of another, by agreement in which the holder is
21    responsible for the safekeeping and return of the property.
 
22    Section 5-30. Training of certified licensees. Any
23certified licensee and any employee of a certified licensee who
24sells or transfers firearms shall receive at least 2 hours of
25training annually regarding legal requirements and responsible

 

 

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1business practices as applicable to the sale or transfer or
2firearms. The Department may adopt rules regarding continuing
3education for certified licensees.
 
4    Section 5-35. Inspection of licensees' places of business.
5Licensees shall have their places of business open for
6inspection by the Department and law enforcement during all
7hours of operation, provided that the Department or law
8enforcement may conduct no more than one unannounced inspection
9per business per year without good cause. Licensees shall make
10all records, documents, and firearms accessible for inspection
11upon the request of the Department or law enforcement agency.
 
12    Section 5-40. Qualifications for operation.
13    (a) Each certified licensee shall submit with each
14application for certification or renewal an affidavit to the
15Department stating that each owner, employee, or other agent of
16the certified licensee who sells or conducts transfers of
17firearms for the certified licensee is at least 21 years of
18age, has a currently valid Firearm Owner's Identification Card
19and, for a renewal, has completed the training required under
20Section 5-30. The affidavit must also contain the name and
21Firearm Owner's Identification Card number of each owner,
22employee, or other agent who sells or conducts transfers of
23firearms for the certified licensee.
24    (b) In addition to the affidavit required under subsection

 

 

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1(a), within 30 days of a new owner, employee, or other agent
2beginning selling or conducting transfers of firearms for the
3certified licensee, the certified licensee shall submit an
4affidavit to the Department stating the date that the new
5owner, employee, or other agent began selling or conducting
6transfers of firearms for the certified licensee, and providing
7the information required in subsection (a) for that new owner,
8employee, or other agent.
9    (c) Each certified licensee must not have had a license or
10permit to sell, lease, transfer, purchase, or possess firearms
11from the federal government or the government of any state or
12subdivision of any state revoked or suspended for good cause
13within the preceding 3 years.
14    (d) Applications and affidavits required under this
15Section are not subject to disclosure by the Department under
16the Freedom of Information Act.
 
17    Section 5-45. Issuance of subpoenas. The Department may
18subpoena and bring before it any person or entity to take oral
19or written testimony or may compel the production of any books,
20papers, records, or any other documents that the Department
21deems relevant or material to an investigation or hearing
22conducted by the Department in the enforcement of this Act,
23with the same fees and in the same manner prescribed in civil
24cases 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
25practices, a certified licensee maintaining a retail location

 

 

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

 

 

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1    Section 5-65. Electronic-based recordkeeping. On or before
2January 2, 2020, each certified licensee shall implement an
3electronic-based record system to keep track of its changing
4inventory by updating the make, model, caliber or gauge, and
5serial number of each firearm that is received or sold by the
6certified licensee. Retail sales and purchases shall be
7recorded within 24 hours of the transaction. Shipments of
8firearms from manufacturers or wholesalers shall be recorded
9upon the earlier of five business days or with 24 hours of the
10shipment being unpacked and the firearm placed in inventory.
11Each certified licensee shall maintain these records for a
12period of no less than the time period under 27 CFR 478.129 or
13any subsequent law that regulates the retention of records.
 
14    Section 5-70. Fees. The Department shall set and collect a
15fee for each licensee certifying under this Act. The fee may
16not exceed $300 for a certified licensee operating without a
17retail location. The fee may not exceed $1,500 for any
18certified licensee operating with a retail location.
 
19    Section 5-75. Term of license. Each certification shall be
20valid for the term of the license being certified. A licensee
21shall certify each new or renewed license. However, the
22Department is not required to renew a certification if a prior
23certification has been revoked or suspended.
 

 

 

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1    Section 5-80. Retention of records. Each certified
2licensee shall keep, either in electronic form or hard copy,
3all inventory records for a period of time no less than the
4time required under 27 CFR 478.129 or any subsequent law that
5regulates the retention of records. All video surveillance
6records, along with any sound recordings obtained from them,
7shall be kept for a period of not less than 90 days.
 
8    Section 5-85. Disciplinary sanctions.
9    (a) For violations of this Act not penalized under Section
105-15, the Department may refuse to renew or restore, or may
11reprimand, place on probation, suspend, revoke, or take other
12disciplinary or non-disciplinary action against any licensee,
13and may impose a fine commensurate with the severity of the
14violation not to exceed $10,000 for each violation for any of
15the following, consistent with the Protection of Lawful
16Commerce in Arms Act, 15 U.S.C. 7901 through 7903:
17        (1) Violations of this Act, or any law applicable to
18    the sale or transfer of firearms.
19        (2) A pattern of practice or other behavior which
20    demonstrates incapacity or incompetency to practice under
21    this Act.
22        (3) Aiding or assisting another person in violating any
23    provision of this Act or rules adopted under this Act.
24        (4) Failing, within 60 days, to provide information in

 

 

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1    response to a written request made by the Department.
2        (5) Conviction of, plea of guilty to, or plea of nolo
3    contendere to any crime that disqualifies the person from
4    obtaining a valid Firearm Owner's Identification Card.
5        (6) Continued practice, although the person has become
6    unfit to practice due to any of the following:
7            (A) Any circumstance that disqualifies the person
8        from obtaining a valid Firearm Owner's Identification
9        Card or concealed carry license.
10            (B) Habitual or excessive use or abuse of drugs
11        defined in law as controlled substances, alcohol, or
12        any other substance that results in the inability to
13        practice with reasonable judgment, skill, or safety.
14        (7) Receiving, directly or indirectly, compensation
15    for any firearms sold or transferred illegally.
16        (8) Discipline by another United States jurisdiction,
17    foreign nation, or governmental agency, if at least one of
18    the grounds for the discipline is the same or substantially
19    equivalent to those set forth in this Act.
20        (9) Violation of any disciplinary order imposed on a
21    licensee by the Department.
22        (10) A finding by the Department that the licensee,
23    after having his or her certified license placed on
24    probationary status, has violated the terms of probation.
25        (11) A fraudulent or material misstatement in the
26    completion of an affirmative obligation or inquiry by law

 

 

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1    enforcement.
2    (b) All fines imposed under this Section shall be paid
3within 60 days after the effective date of the final order
4imposing the fine.
 
5    Section 5-90. Statute of limitations. No action may be
6taken under this Act against a person or entity certified under
7this Act unless the action is commenced within 5 years after
8the occurrence of the alleged violations. A continuing
9violation shall be deemed to have occurred on the date when the
10circumstances last existed that give rise to the alleged
11violation.
 
12    Section 5-95. Complaints; investigations; hearings.
13    (a) The Department may investigate the actions of any
14applicant or of any person or persons holding or claiming to
15hold a license or registration under this Act.
16    (b) The Department shall, before disciplining a licensee
17under Section 5-85 or refusing to issue a certificate of
18license, at least 30 days before the date set for the hearing,
19(i) notify the accused in writing of the charges made and the
20time and place for the hearing on the charges, (ii) direct him
21or her to file a written answer to the charges under oath
22within 20 days after service, and (iii) inform the licensee
23that failure to answer will result in a default being entered
24against the licensee.

 

 

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1    (c) At the time and place fixed in the notice, the Director
2or the hearing officer appointed by the Director shall proceed
3to hear the charges, and the parties or their counsel shall be
4accorded ample opportunity to present any pertinent
5statements, testimony, evidence, and arguments. The Director
6or hearing officer may continue the hearing from time to time.
7In case the person, after receiving the notice, fails to file
8an answer, his, her, or its license may, in the discretion of
9the Director, having first received the recommendation of the
10Director, be suspended, revoked, or placed on probationary
11status, or be subject to whatever disciplinary action the
12Director considers proper, including limiting the scope,
13nature, or extent of the person's business, or the imposition
14of a fine, without hearing, if the act or acts charged
15constitute sufficient grounds for that action under this Act.
16    (d) The written notice and any notice in the subsequent
17proceeding may be served by certified mail to the licensee's
18address of record.
19    (e) The Director has the authority to appoint any attorney
20licensed to practice law in this State to serve as the hearing
21officer in any action for refusal to issue, restore, or renew a
22license, or to discipline a licensee. The hearing officer has
23full authority to conduct the hearing.
 
24    Section 5-100. Hearing; rehearing.
25    (a) The Director or the hearing officer authorized by the

 

 

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1Department shall hear evidence in support of the formal charges
2and evidence produced by the licensee. At the conclusion of the
3hearing, the Director shall prepare a written report of his or
4her findings of fact, conclusions of law, and recommendations.
5The report shall contain a finding of whether the accused
6person violated this Act or failed to comply with the
7conditions required in this Act.
8    (b) At the conclusion of the hearing, a copy of the
9Director's or hearing officer's report shall be served upon the
10licensee by the Department, either personally or as provided in
11this Act, for the service of a notice of hearing. Within 20
12calendar days after service, the licensee may present to the
13Department a motion in writing for a rehearing, which shall
14specify the particular grounds for rehearing. The Department
15may respond to the motion for rehearing within 20 calendar days
16after its service on the Department. If no motion for rehearing
17is filed, then upon the expiration of the time specified for
18filing such a motion, or upon denial of a motion for rehearing,
19the Director may enter an order in accordance with his or her
20recommendations or the recommendations of the hearing officer.
21If the licensee orders from the reporting service and pays for
22a transcript of the record within the time for filing a motion
23for rehearing, the 20-day period within which a motion may be
24filed shall commence upon the delivery of the transcript to the
25licensee.
26    (c) All proceedings under this Section are matters of

 

 

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1public record and shall be preserved.
2    (d) The licensee may continue to operate during the course
3of an investigation or hearing, unless the Director finds that
4the public interest, safety, or welfare requires an emergency
5action.
6    (e) Upon the suspension or revocation of a certificate of
7license, the licensee shall surrender the certificate to the
8Department and, upon failure to do so, the Department shall
9seize the same. However, when the certification of a certified
10licensee is suspended, the certified licensee shall not operate
11as a certified licensee during the period in which the
12certificate is suspended and, if operating during that period,
13shall be operating in violation of subsection (a) of Section
145-15 of this Act. A person who violates this Section is guilty
15of a Class A misdemeanor for a first violation, and a Class 4
16felony for a second or subsequent violation. In addition to any
17other penalty provided by law, any person or entity who
18violates this Section shall pay a civil penalty to the
19Department in an amount not to exceed $2,500 for the first
20violation, and a fine not to exceed $5,000 for a second or
21subsequent violation.
 
22    Section 5-105. Restoration of certificate of license after
23disciplinary proceedings. At any time after the successful
24completion of a term of indefinite probation, indefinite
25suspension, or revocation of a certificate of license, the

 

 

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1Department may restore it to the licensee, unless, after an
2investigation and a hearing, the Director determines that
3restoration is not in the public interest. No person or entity
4whose certificate of license, card, or authority has been
5revoked as authorized in this Act may apply for restoration of
6that certificate of license, card, or authority until such time
7as provided for in the Civil Administrative Code of Illinois.
 
8    Section 5-110. Administrative review. All final
9administrative decisions of the Department are subject to
10judicial review under Article III of the Code of Civil
11Procedure. The term "administrative decision" is defined as in
12Section 3-101 of the Code of Civil Procedure. The proceedings
13for judicial review shall be commenced in the circuit court of
14the county in which the party applying for review resides, but
15if the party is not a resident of this State, the venue shall
16be in Sangamon County. The Department shall not be required to
17certify any record to the court, or file any answer in court,
18or otherwise appear in any court in a judicial review
19proceeding, unless, and until, the Department has received from
20the plaintiff payment of the costs of furnishing and certifying
21the record, which costs shall be determined by the Department.
22Exhibits shall be certified without cost. Failure on the part
23of the applicant or licensee to file a receipt in court is
24grounds for dismissal of the action.
 

 

 

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1    Section 5-115. Prima facie proof.
2    (a) An order or a certified copy thereof, over the seal of
3the Department and purporting to be signed by the Director, is
4prima facie proof that the signature is that of the Director,
5and the Director is qualified to act.
6    (b) A certified copy of a record of the Department shall,
7without further proof, be admitted into evidence in any legal
8proceeding, and shall be prima facie correct and prima facie
9evidence of the information contained therein.
 
10
ARTICLE 10. GUN TRAFFICKING INFORMATION ACT

 
11    Section 10-1. Short title. This Article 5 may be cited as
12the Gun Trafficking Information Act. References in this Article
13to "this Act" mean this Article.
 
14    Section 10-5. Gun trafficking information.
15    (a) The Department of State Police shall use all reasonable
16efforts in making publicly available, on a regular and ongoing
17basis, key information related to firearms used in the
18commission of crimes in this State, including, but not limited
19to: reports on crimes committed with firearms, locations where
20the crimes occurred, the number of persons killed or injured in
21the commission of the crimes, the state where the firearms used
22originated, the Federal Firearms Licensee that sold the
23firearm, and the type of firearms used. The Department shall

 

 

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1make the information available on its website, in addition to
2electronically filing a report with the Governor and the
3General Assembly. The report to the General Assembly shall be
4filed with the Clerk of the House of Representatives and the
5Secretary of the Senate in electronic form only, in the manner
6that the Clerk and the Secretary shall direct.
7    (b) The Department shall study, on a regular and ongoing
8basis, and compile reports on the number of Firearm Owner's
9Identification Card checks to determine firearms trafficking
10or straw purchase patterns. The Department shall, to the extent
11not inconsistent with law, share such reports and underlying
12data with academic centers, foundations, and law enforcement
13agencies studying firearms trafficking, provided that
14personally identifying information is protected. For purposes
15of this subsection (b), a Firearm Owner's Identification Card
16number is not personally identifying information, provided
17that no other personal information of the card holder is
18attached to the record. The Department may create and attach an
19alternate unique identifying number to each Firearm Owner's
20Identification Card number, instead of releasing the Firearm
21Owner's Identification Card number itself.
22    (c) Each department, office, division, and agency of this
23State shall, to the extent not inconsistent with law, cooperate
24fully with the Department and furnish the Department with all
25relevant information and assistance on a timely basis as is
26necessary to accomplish the purpose of this Act. The Illinois

 

 

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1Criminal Justice Information Authority shall submit the
2information required in subsection (a) of this Section to the
3Department of State Police, and any other information as the
4Department may request, to assist the Department in carrying
5out its duties under this Act.
 
6
ARTICLE 15. AMENDATORY PROVISIONS

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

 

 

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1person is on the grounds of a gun show must, before selling or
2transferring the firearm, request the Department of State
3Police to conduct a background check on the prospective
4recipient of the firearm in accordance with Section 3.1.
5    (a-10) Notwithstanding item (2) of subsection (a) of this
6Section, any person who is not a federally licensed firearm
7dealer and who desires to transfer or sell a firearm or
8firearms to any person who is not a federally licensed firearm
9dealer shall, before selling or transferring the firearms,
10contact the Department of State Police with the transferee's or
11purchaser's Firearm Owner's Identification Card number to
12determine the validity of the transferee's or purchaser's
13Firearm Owner's Identification Card. This subsection shall not
14be effective until January 1, 2014. The Department of State
15Police may adopt rules concerning the implementation of this
16subsection. The Department of State Police shall provide the
17seller or transferor an approval number if the purchaser's
18Firearm Owner's Identification Card is valid. Approvals issued
19by the Department for the purchase of a firearm pursuant to
20this subsection are valid for 30 days from the date of issue.
21    (a-15) The provisions of subsection (a-10) of this Section
22do not apply to:
23        (1) transfers that occur at the place of business of a
24    federally licensed firearm dealer, if the federally
25    licensed firearm dealer conducts a background check on the
26    prospective recipient of the firearm in accordance with

 

 

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1    Section 3.1 of this Act and follows all other applicable
2    federal, State, and local laws as if he or she were the
3    seller or transferor of the firearm, although the dealer is
4    not required to accept the firearm into his or her
5    inventory. The purchaser or transferee may be required by
6    the federally licensed firearm dealer to pay a fee not to
7    exceed $10 per firearm, which the dealer may retain as
8    compensation for performing the functions required under
9    this paragraph, plus the applicable fees authorized by
10    Section 3.1;
11        (2) transfers as a bona fide gift to the transferor's
12    husband, wife, son, daughter, stepson, stepdaughter,
13    father, mother, stepfather, stepmother, brother, sister,
14    nephew, niece, uncle, aunt, grandfather, grandmother,
15    grandson, granddaughter, father-in-law, mother-in-law,
16    son-in-law, or daughter-in-law;
17        (3) transfers by persons acting pursuant to operation
18    of law or a court order;
19        (4) transfers on the grounds of a gun show under
20    subsection (a-5) of this Section;
21        (5) the delivery of a firearm by its owner to a
22    gunsmith for service or repair, the return of the firearm
23    to its owner by the gunsmith, or the delivery of a firearm
24    by a gunsmith to a federally licensed firearms dealer for
25    service or repair and the return of the firearm to the
26    gunsmith;

 

 

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1        (6) temporary transfers that occur while in the home of
2    the unlicensed transferee, if the unlicensed transferee is
3    not otherwise prohibited from possessing firearms and the
4    unlicensed transferee reasonably believes that possession
5    of the firearm is necessary to prevent imminent death or
6    great bodily harm to the unlicensed transferee;
7        (7) transfers to a law enforcement or corrections
8    agency or a law enforcement or corrections officer acting
9    within the course and scope of his or her official duties;
10        (8) transfers of firearms that have been rendered
11    permanently inoperable to a nonprofit historical society,
12    museum, or institutional collection; and
13        (9) transfers to a person who is exempt from the
14    requirement of possessing a Firearm Owner's Identification
15    Card under Section 2 of this Act.
16    (a-20) The Department of State Police shall develop an
17Internet-based system for individuals to determine the
18validity of a Firearm Owner's Identification Card prior to the
19sale or transfer of a firearm. The Department shall have the
20Internet-based system completed and available for use by July
211, 2015. The Department shall adopt rules not inconsistent with
22this Section to implement this system.
23    (b) Any person within this State who transfers or causes to
24be transferred any firearm, stun gun, or taser shall keep a
25record of such transfer for a period of 10 years from the date
26of transfer. Such record shall contain the date of the

 

 

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1transfer; the description, serial number or other information
2identifying the firearm, stun gun, or taser if no serial number
3is available; and, if the transfer was completed within this
4State, the transferee's Firearm Owner's Identification Card
5number and any approval number or documentation provided by the
6Department of State Police pursuant to subsection (a-10) of
7this Section; if the transfer was not completed within this
8State, the record shall contain the name and address of the
9transferee. On or after January 1, 2006, the record shall
10contain the date of application for transfer of the firearm. On
11demand of a peace officer such transferor shall produce for
12inspection such record of transfer. If the transfer or sale
13took place at a gun show, the record shall include the unique
14identification number. Failure to record the unique
15identification number or approval number is a petty offense.
16Failure by the private seller to maintain the transfer records
17in accordance with this Section is a Class A misdemeanor for
18the first offense and a Class 4 felony for a second or
19subsequent offense.
20    (b-5) Any resident may purchase ammunition from a person
21within or outside of Illinois if shipment is by United States
22mail or by a private express carrier authorized by federal law
23to ship ammunition. Any resident purchasing ammunition within
24or outside the State of Illinois must provide the seller with a
25copy of his or her valid Firearm Owner's Identification Card or
26valid concealed carry license and either his or her Illinois

 

 

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1driver's license or Illinois State Identification Card prior to
2the shipment of the ammunition. The ammunition may be shipped
3only to an address on either of those 2 documents.
4    (c) The provisions of this Section regarding the transfer
5of firearm ammunition shall not apply to those persons
6specified in paragraph (b) of Section 2 of this Act.
7(Source: P.A. 98-508, eff. 8-19-13; 99-29, eff. 7-10-15.)
 
8
ARTICLE 20. SEVERABILITY

 
9    Section 20-97. Severability. The provisions of this Act are
10severable under Section 1.31 of the Statute on Statutes.".