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91_HB0224 LRB9100566RCksA 1 AN ACT in relation to firearms, amending a named Act. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 ARTICLE 1. FIREARMS DEALER LICENSING LAW. 5 Section 1-1. Short title. This Article may be cited as 6 the Firearms Dealer Licensing Law, and references in this 7 Article to "this Act" mean this Article. 8 Section 1-5. Definitions. As used in this Act: 9 "Department" means the Department of State Police. 10 "Firearms dealer" means any person who is: (i) engaged in 11 the business of selling firearms at wholesale or retail, (ii) 12 engaged in the business of repairing firearms or of making or 13 fitting special barrels, stocks, or trigger mechanisms to 14 firearms, or (iii) a pawnbroker whose business or occupation 15 includes the taking or receiving, by way of pledge or pawn, 16 of any firearm as security for the payment or repayment of 17 money. 18 "Licensed dealer" means any firearms dealer who is 19 licensed under both this Act and Section 923 of the federal 20 Gun Control Act of 1968 (18 U.S.C. 923). 21 "Person" means an individual, firm, association, society, 22 partnership, limited liability company, corporation, or other 23 entity. 24 "Crime punishable by imprisonment for a term exceeding 25 one year" does not include: 26 (i) any federal or state offenses pertaining to 27 antitrust violations, unfair trade practices, restraints 28 of trade, or other similar offenses relating to the 29 regulation of business practices, or 30 (ii) any state offense classified by the laws of the -2- LRB9100566RCksA 1 state as a misdemeanor and punishable by a term of 2 imprisonment of 2 years or less. 3 What constitutes a conviction of a crime punishable by 4 imprisonment for a term exceeding one year is determined in 5 accordance with the law of the jurisdiction in which the 6 proceedings were held. Any conviction that has been 7 expunged, set aside, or for which a person has been pardoned 8 or has had civil rights restored is not considered a 9 conviction for purposes of this Act unless the pardon, 10 expungement, or restoration of civil rights expressly 11 provides that the person may not possess or receive firearms. 12 "Engaged in the business" means a person who devotes 13 time, attention, and labor to engaging in the activity as a 14 regular course of trade or business with the principal 15 objective of livelihood and profit, but does not include a 16 person who makes occasional repairs of firearms, or who 17 occasionally fits special barrels, stocks, or trigger 18 mechanisms to firearms. 19 "With the principal objective of livelihood and profit" 20 means that the intent underlying the sale or disposition of 21 firearms is predominantly one of obtaining livelihood and 22 pecuniary gain, as opposed to other intents, such as 23 improving or liquidating a personal firearms collection; 24 however, proof of profit shall not be required as to a person 25 who engages in the regular and repetitive purchase and 26 disposition of firearms for criminal purposes or terrorism. 27 "Terrorism" means activity directed against United States 28 residents that: 29 (i) is committed by an individual who is not a 30 national or permanent resident alien of the United 31 States; 32 (ii) involves violent acts or acts dangerous to 33 human life that would be a criminal violation if 34 committed within the jurisdiction of the United States; -3- LRB9100566RCksA 1 and 2 (iii) is intended: 3 (A) to intimidate or coerce a civilian 4 population; 5 (B) to influence the policy of a government by 6 intimidation or coercion; or 7 (C) to affect the conduct of a government by 8 assassination or kidnapping. 9 "Indictment" includes an indictment or information in any 10 court under which a crime punishable by imprisonment for a 11 term exceeding one year may be prosecuted. 12 "Fugitive from justice" means a person who has fled from 13 any state to avoid prosecution for a crime or to avoid giving 14 testimony in any criminal proceeding. 15 "Firearm" has the meaning ascribed to it in Section 1.1 16 of the Firearm Owners Identification Card Act. 17 "Adjudicated as a disabled person" means adjudicated as a 18 disabled person under the Probate Act of 1975 or the laws of 19 another state. 20 "Cannabis" has the meaning ascribed to it in the Cannabis 21 Control Act. 22 "Controlled substance" has the meaning ascribed to it in 23 the Illinois Controlled Substances Act. 24 Section 1-10. Unlicensed firearms dealer; prohibition. 25 No person may sell or otherwise transfer, or expose for sale 26 or transfer, or have in his or her possession with intent to 27 sell or transfer any firearm without being licensed under 28 this Act. This prohibition does not apply to a person who 29 makes occasional sales, exchanges, or purchases of firearms 30 for the enhancement of a personal collection or as a hobby or 31 who sells all or part of his or her personal collection of 32 firearms. -4- LRB9100566RCksA 1 Section 1-15. License application; requirements; 2 penalty. 3 (a) The Department may grant a firearms dealer license to 4 an applicant who submits evidence that: 5 (1) he or she is at least 21 years of age; 6 (2) he or she, including in the case of a 7 corporation, partnership, or association, an individual 8 possessing, directly or indirectly, the power to direct 9 or cause the direction of the management and policies of 10 the corporation, partnership, or association: 11 (i) has not been convicted of and is not under 12 indictment for a crime punishable by imprisonment 13 for a term exceeding one year; 14 (ii) is not a fugitive from justice; 15 (iii) is not and has not been an unlawful user 16 of or addicted to a controlled substance or 17 cannabis; 18 (iv) has not been adjudicated as a disabled 19 person or committed to a mental institution; 20 (v) is not an alien, illegally or unlawfully, 21 in the United States; 22 (vi) has not been discharged from the Armed 23 Forces under dishonorable conditions; or 24 (vii) is not a former citizen of the United 25 States who has renounced his or her citizenship; and 26 (3) he or she does not have a mental condition that 27 poses a clear and present danger to the applicant, 28 another person, or to the community. For purposes of 29 this subdivision (3), "mental condition" means a state of 30 mind manifested by violent, suicidal, threatening, or 31 assaultive behavior. 32 (b) An application for a firearms dealer license must be 33 made on forms furnished by the Department. The application 34 must be verified by the applicant under oath and must be -5- LRB9100566RCksA 1 accompanied by the required fee. 2 (c) The applicant must submit to the Department a license 3 fee of $1,000. 4 (d) The applicant must submit to fingerprinting in 5 accordance with rules adopted by the Department and must pay 6 a fingerprint processing fee in the amount set by the 7 Department by rule. 8 (e) A person who knowingly makes a false statement or 9 knowingly conceals a material fact or uses false information 10 or identification in any application for a license under this 11 Act commits a Class A misdemeanor. 12 (f) A license granted under this Act remains in effect 13 until it is revoked, suspended, or otherwise withdrawn by the 14 Department or until it is surrendered by the licensee. 15 (g) The provisions of subdivision (a)(2)(ii) do not 16 apply to a person who has been granted relief from 17 disabilities under subsection (c) of Section 925 of Title 18 18 of the United States Code or to a licensed dealer who is 19 indicted for a crime who is operating under an existing 20 license if, before the expiration of the term of the existing 21 license, timely application is made for a new license during 22 the term of the indictment and until any conviction under the 23 indictment becomes final. 24 Section 1-20. License retention; requirements. A 25 license granted under this Act is subject to all of the 26 following requirements: 27 (1) A licensed dealer must only transact business under 28 this Act at an address that has a zoning classification that 29 permits the operation of a retail establishment. 30 (2) A licensed dealer may not transact business in any 31 place other than the premises specified in his or her 32 license, except that a licensed dealer may display, sell, or 33 transfer firearms at a gun show open to the general public or -6- LRB9100566RCksA 1 at any regular meeting of an incorporated collectors club in 2 accordance with this Act and federal law. 3 (3) A licensed dealer must not violate any provision of 4 any federal or state law pertaining to the possession, use, 5 sale, or delivery of firearms. 6 (4) The licensed dealer must strictly adhere to the 7 provisions of all applicable federal and state laws and local 8 ordinances and local business license requirements. 9 (5) A separate license must be obtained for each separate 10 place of business. Before a licensed dealer moves his or her 11 place of business, he or she must promptly apply to the 12 Department for an amended license. 13 (6) The license, or a copy of the license certified by 14 the Department, must be displayed on the premises at a 15 location where it can easily be read. 16 (7) No firearm may be displayed in any outer window of 17 the premises or in any other place where it can readily be 18 seen from the outside. 19 (8) Every firearm must be unloaded when delivered. 20 (9) The licensee must obtain a certificate of 21 registration issued under the Retailers' Occupation Tax Act. 22 (10) The licensee must take reasonable precautions to 23 ensure that the firearms the licensee sells will not be used 24 illegally. These precautions include, but are not limited 25 to: (i) the refusal to sell a firearm to a person the 26 licensee knows or has reason to know is purchasing the 27 firearm on behalf of another person who could not legally 28 purchase the firearm; (ii) the refusal to sell a firearm to a 29 person who has provided a home address in a municipality or 30 county in which possession of that type of firearm is 31 illegal; and (iii) the refusal to sell a firearm to a person 32 who has provided a home address in a municipality or county 33 that requires registration of the firearm unless the 34 purchaser presents satisfactory evidence of compliance with -7- LRB9100566RCksA 1 the registration requirement. 2 (11) The licensee must make available the licensee's 3 records to any officer or employee of the Department or of 4 any unit of local government in this State whenever the 5 officer or employee is authorized to enforce laws or 6 ordinances pertaining to firearms. 7 (12) The licensee must have in effect at all times 8 liability insurance in the amount of at least $1,000,000 that 9 insures the payment of any judgment against the licensee. 10 Section 1-25. Enforcement; revocation; notice. This Act 11 must be enforced by the Department, and may be enforced, for 12 the purpose of determining compliance with this Act, by any 13 municipality in which the licensee is located or, if the 14 licensee is not located in a municipality, by the county in 15 which the licensee is located. The Department, after due 16 notice to the licensee and reasonable opportunity for the 17 licensee to be heard, may revoke a license or may suspend a 18 license for a period of time that the Department may deem 19 proper upon satisfactory proof that the licensee has violated 20 or permitted a violation of any requirement of this Act or is 21 no longer eligible to obtain a license under Section 1-15. A 22 person whose license has been revoked by the Department is 23 disqualified to receive a license for 10 years after the 24 revocation. Any person who has substantially participated in 25 the operation or management of a licensee that has had its 26 license revoked may not be employed by or participate in the 27 business of any other licensee for 10 years after the 28 revocation. Proceedings for revocation or suspension under 29 this Section may be initiated by the Department or by a 30 municipality or county. 31 Section 1-30. Submission to Department. A licensed 32 dealer must, within 24 hours after making a sale or transfer -8- LRB9100566RCksA 1 of a firearm to a person who is not licensed as a dealer, 2 report that sale to the Department of State Police as 3 required by Section 3.2 of the Firearm Owners Identification 4 Card Act. 5 Section 1-35. Penalty. Any firearms dealer who sells, 6 or who possesses with intent to sell, trade, or transfer, any 7 firearm without being licensed under this Act is guilty of a 8 Class 4 felony. 9 ARTICLE 2. FIREARMS ACCOUNTABILITY LAW. 10 Section 2-1. Short title. This Article may be cited as 11 the Firearms Accountability Law, and references in this 12 Article to "this Act" mean this Article. 13 Section 2-5. Cause of action. 14 (a) Whenever any person intentionally or negligently 15 delivers or causes to be delivered a firearm, firearm 16 ammunition, or silencer to: (1) any person who is not 17 legally authorized to possess that item; (2) a person who is 18 purchasing the item on behalf of another person; or (3) any 19 other person the deliverer knows or has reason to know will 20 use the item unlawfully; the deliverer is civilly liable for 21 the commission of any subsequent tortious conduct that 22 directly or indirectly involves the use, attempted use, or 23 threatened use of the item by any person. 24 (b) The civil liability created by this Section is not 25 dependent upon any causal relationship that is required to be 26 established in order to create liability under common law. 27 Section 2-10. Punitive damages. A person bringing an 28 action under this Act may be entitled to recover punitive 29 damages if the conduct of the defendant that gave rise to the -9- LRB9100566RCksA 1 cause of action was either intentional, reckless, or grossly 2 negligent. 3 Section 2-15. Joint and several liability. Persons 4 subject to liability under this Act are jointly and severally 5 liable. 6 Section 2-20. Stay of proceedings. The prosecuting 7 attorney of any government or governmental subdivision or 8 agency may move for a stay of any proceeding brought under 9 this Act, to include all discovery, pending the completion of 10 an investigation or prosecution of a criminal case related to 11 the subject matter of a suit brought under this Act. 12 Section 2-25. Other remedies. The remedies provided by 13 this Act are in addition to any other remedies allowed by 14 law. 15 ARTICLE 90. AMENDATORY PROVISIONS. 16 Section 90-5. The Firearm Owners Identification Card Act 17 is amended by changing Section 1.1 and adding Section 3.2 as 18 follows: 19 (430 ILCS 65/1.1) (from Ch. 38, par. 83-1.1) 20 Sec. 1.1. For purposes of this Act: 21 "Firearm" means any device, by whatever name known, which 22 is designed to expel a projectile or projectiles by the 23 action of an explosion, expansion of gas or escape of gas; 24 excluding, however: 25 (1) any pneumatic gun, spring gun, paint ball gun 26 or B-B gun which either expels a single globular 27 projectile not exceeding .18 inch in diameter and which 28 has a maximum muzzle velocity of less than 700 feet per -10- LRB9100566RCksA 1 second or breakable paint balls containing washable 2 marking colors; 3 (2) any device used exclusively for signalling or 4 safety and required or recommended by the United States 5 Coast Guard or the Interstate Commerce Commission;
or6 (3) any device used exclusively for the firing of 7 stud cartridges, explosive rivets or similar industrial 8 ammunition; and 9 (4) an antique firearm (other than a machine-gun) 10 which, although designed as a weapon, the Department of 11 State Police finds by reason of the date of its 12 manufacture, value, design, and other characteristics is 13 primarily a collector's item and is not likely to be used 14 as a weapon. 15 "Firearm ammunition" means any self-contained cartridge 16 or shotgun shell, by whatever name known, which is designed 17 to be used or adaptable to use in a firearm; excluding, 18 however: 19 (1) any ammunition exclusively designed for use 20 with a device used exclusively for signalling or safety 21 and required or recommended by the United States Coast 22 Guard or the Interstate Commerce Commission; and or23 (2) any ammunition designed exclusively for use 24 with a stud or rivet driver or other similar industrial 25 ammunition. 26 "Transfer" includes the actual, constructive, or 27 attempted transfer of a firearm or firearm ammunition, with 28 or without consideration. 29 (Source: P.A. 86-349; 86-1265; revised 10-31-98.) 30 (430 ILCS 65/3.2 new) 31 Sec. 3.2. Submission to Department. Every person must, 32 within 24 hours after making a sale or transfer of a firearm 33 to another person, report that sale or transfer to the -11- LRB9100566RCksA 1 Department of State Police. The report must contain the 2 following information: the date of the sale or transfer; the 3 identity and address of the transferor; the name, address, 4 age, and occupation of the transferee; the price of the 5 firearm; the kind, description, and number of the firearm; 6 and the purpose for which the firearm is obtained. A record 7 of each report must be maintained by the Department on a 8 computer database capable of allowing the retrieval of 9 information for each transferor and each transferee. 10 Information in the database must be made available to any law 11 enforcement agency responsible for the enforcement of any 12 federal, State or local law or ordinance relating to 13 firearms, and to any licensed dealer who requests information 14 relating to a person who is seeking to purchase one or more 15 firearms from that dealer. 16 In addition to any other requirements of this Section, 17 any person required by Section 3 of this Act to keep a record 18 of a transfer of a firearm occurring within the 24 month 19 period immediately preceding the effective date of this 20 amendatory Act of 1999 must, no later than 30 days after that 21 effective date, report those transfers to the Department of 22 State Police. The report must contain the information 23 required to be maintained as records under subsection (b) of 24 Section 3. The Department must include the records of those 25 reports in the computer database required to be maintained 26 under this Section.
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