State of Illinois
91st General Assembly

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 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:


 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.


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.


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; or
 6             (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 or
23             (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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