TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER II: ILLINOIS STATE POLICE
PART 1232
FIREARM DEALER LICENSE CERTIFICATION ACT
SECTION 1232.10 DEFINITIONS
Section 1232.10 Definitions
The following additional definitions also apply to this Part
unless the context clearly requires a different meaning:
"Act" means Firearm
Dealer License Certification Act [430 ILCS 68].
"Applicant" means a
person who has submitted an application for a certified license.
"ATF" means the federal
Bureau of Alcohol, Tobacco, Firearms and Explosives within the U.S. Department
of Justice.
"Certified Licensee" or
"CL" means a licensee who has certified its FFL under the Act and
this Part.
"Dealer License" means a
Federal Firearms License authorizing a person or entity to engage in the
business of dealing firearms.
"Director" means the
Director of State Police or his or her designee.
"Disaster" means an
occurrence or threat of widespread or severe damage, injury or loss of life or
property resulting from any natural or technological cause, including, but not
limited to, fire, flood, earthquake, hazardous materials spill, extended
periods of severe and inclement weather, explosion, riot, public health emergencies,
or acts of domestic or cyber terrorism, or any other State or federally
declared disaster situation.
"Electronic Record"
means a record generated, communicated, received or stored by electronic means
for use in an information system or for transmission from one information
system to another.
"Engage in the Business of
Dealing Firearms", as used in Section 5-5 of the Act, "Engage in the
Business of Selling, Leasing, or Otherwise Transferring Firearms" as used
in Section 5-15 of the Act, or "Dealer" means a person or entity that
devotes time, attention and labor to the selling, leasing or transferring of
firearms at retail as a regular course of trade or business with the principal
objective of livelihood and profit through the sale, lease or transfer of
firearms. These terms apply to any person or entity who engages in the
business on a full or part-time basis. The terms shall not apply to the
following:
a person or entity that primarily
engages in gunsmithing services in which it accepts a firearm for service,
services the firearm, and returns it only to the customer who gave it the
firearm to service;
a person or entity that engages primarily
in the manufacture or import of firearms but does not sell, lease or transfer
firearms at retail to individual purchasers;
a person or entity that is a
collector of firearms who acquires, holds or disposes of firearms as curios or
relics;
pawnshops that acquire firearms
only for purposes of bailment as defined in Section 5-25(11) of the Act;
a person or entity that primarily
engages in transactions that do not require the completion of a Form 4473 and background
check under State or federal law; or
any activity otherwise exempt
under Section 5-25 of the Act.
"Entity" means any
person, firm, corporation, group of individuals, or other legal entity.
"FFL" means Federal
Firearms License.
"FFL Holder" means a
person, firm, corporation, or other entity that has been given, and currently
possesses, a valid Federal Firearms License.
"Firearm" means any
device, by whatever name known, that is designed to expel a projectile or
projectiles by the action of an explosion, expansion of gas, or escape of gas.
"Firearm" does not
include:
any pneumatic gun, spring gun,
paint ball gun, or BB gun that expels a single globular projectile not
exceeding .18 inch in diameter or that has a maximum muzzle velocity of less
than 700 feet per second;
any pneumatic gun, spring gun,
paint ball gun, or BB gun that expels breakable paint balls containing washable
marking colors;
any device used exclusively for
signaling or safety that is required or recommended by the U.S. Coast Guard or
the Interstate Commerce Commission;
any device used exclusively for
the firing of stud cartridges, explosive rivets, or similar industrial
ammunition; and
a curio or relic (other than a
machine gun) that, although designed as a weapon, ISP finds, by reason of the
date of its manufacture, value, design, and other characteristics, is primarily
a collector's item and is not likely to be used as a weapon.
"Firearm" does include:
any weapon (including a starter
gun) that will, or is designed to, or may readily be converted to, expel a
projectile by the action of an explosive;
the frame or
receiver of any such weapon; and
any firearm
muffler or firearm silencer.
"Firearm Ammunition"
means any self-contained cartridge or shotgun shell, by whatever name known,
that is designed to be used or adaptable to use in a firearm. "Firearm
ammunition" does not include:
any ammunition exclusively
designed for use with a device used exclusively for signaling or safety and
required or recommended by the U.S. Coast Guard or the Interstate Commerce
Commission; and
any ammunition designed
exclusively for use with a stud or rivet driver or other similar industrial
ammunition.
"FOID Act" means the
Firearm Owners Identification Card Act [430 ILCS 65].
"Gunsmith" means a
person who devotes time, attention and labor to servicing firearms as a regular
course of trade or business with the principal objective of livelihood and
profit, including a person who makes occasional repairs of firearms or who
occasionally fits special barrels, stocks, or trigger mechanisms to firearms.
"Importer" means any
person or entity engaged in the business of importing or bringing firearms or
ammunition into the United States for purposes of sale or distribution.
"Inspection of Licensee's Place
of Business" means review of all records and documents involving the
selling, leasing or transferring of firearms present in a retail location, as
well as all firearms subject to sale, lease or transfer in a retail location.
"Inventory" means
firearms in the possession of an individual or entity for the purpose of sale,
lease, or transfer.
"ISP" means the Illinois
State Police.
"Law Enforcement Agency"
means a federal or State government agency that:
is authorized by law to engage in
or supervise the prevention, detection, investigation, prosecution or
incarceration of any person for any violation of law;
has statutory powers of arrest or
custodial detention; and
allows its members to carry a
firearm while on duty.
"License" means a
Federal Firearms License authorizing a person or entity to engage in the business
of dealing firearms.
"Limited Access Area"
means a room or rooms on the premises of, and under the control of, the certified
licensee to which only the CL, the CL's agents and other authorized personnel
(e.g., ISP or law enforcement personnel) have access. "Limited access
area" includes places where weapons are stored when not on display,
surveillance equipment is maintained, and other areas that are not generally
accessible by the public or nonauthorized employees.
"Manufacturer" means any
person or entity engaged in the business of manufacturing firearms or
ammunition for purposes of sale or distribution.
"Open to the Public"
means that a certified licensee sells, leases or transfers firearms to the
general public during regular business hours or by appointment only.
"Pawnbroker" means any
person or entity whose business or occupation includes the taking of, or
receiving of, by way of pledge or pawn, any firearm as security for the payment
or repayment of money.
"Person" means any
individual, corporation, company, association, firm, partnership, or any other
entity, including any governmental entity.
"Retail Location"
means the actual physical space or location open to the public from
which a certified licensee engages in the business of selling, leasing, transferring,
or facilitating the sale or transfer of a firearm. For purposes of the Act, a
gun show or similar event at which a certified licensee engages in business
from time to time is not a retail location. (Section 5-5 of the Act) A
location is not considered a retail location if the certified licensee only
transfers weapons classified as curios or relics.
"Secure Gun Storage or Safety
Device" means:
a device that, when installed on a
firearm, is designed to prevent the firearm from being operated without first
deactivating the device;
a device incorporated in the
design of the firearm to prevent the operation of the firearm by anyone not
having access to the device; or
a safe, gun safe, gun case, lock
box, or other locked receptacle that is designed to be, or can be, used to
store a firearm and that is designed to be unlocked only by use of a key,
combination, or other similar means.
"Straw Purchase" means:
the unlawful purchase of a firearm
by a person who knowingly purchases or attempts to purchase a firearm with the
intent to deliver that firearm to another person who is prohibited by federal
or State law from possessing a firearm; or
the unlawful purchase of a firearm
by a person who intentionally provides false or misleading information on an
ATF firearms transaction record form to purchase a firearm with the intent to
deliver that firearm to another person.
"Valid" means current
and not suspended, revoked, expired, canceled, invalidated, denied or
disqualified.
"Valid Photo Identification Card"
means a current, and not suspended, revoked, expired, canceled, invalidated,
denied or disqualified, driver's license or identification card issued by the federal
government or any state. It does not include a temporary visitor's driver's
license (TVDL).
"With the Principal Objective
of Livelihood and Profit" means that the intent underlying the sale, lease
or transfer of firearms is predominantly one of obtaining livelihood and
pecuniary gain, as opposed to other intents, such as improving or liquidating a
personal collection, and is not intended to apply to a person who engages in
the regular and repetitive purchase and disposition of firearms for criminal
purposes.
 | TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER II: ILLINOIS STATE POLICE
PART 1232
FIREARM DEALER LICENSE CERTIFICATION ACT
SECTION 1232.20 APPLICATION PROCEDURES
Section 1232.20 Application Procedures
a) Application
for a certificate of license shall be made by completing an application form provided
by ISP. The application will be made available through ISP's website
(www.isp.state.il.us) or in a form and manner prescribed by ISP as directed on
its website. Applications will include, but not be limited to, the following
information:
1) Business
contact information, including federal and State tax identification numbers;
2) Employee
information;
3) Information
necessary to determine whether the business constitutes a retail location;
4) Notification
of previous suspensions or revocations of any FFL;
5) Training
certifications for all owners and employees (see Section 1232.90);
6) Nature
of the certification requested (see Section 1232.110);
7) Proof
of FFL (see Section 1232.20(c));
8) Affidavit
verifying all owners, agents and employees have completed background checks and
verified FOID card information (see Section 1232.20(d)); and
9) Submission
of safe storage plans (see Section 1232.80).
b) All
applications and related documents shall be completed accurately and in their entirety,
accompanied by the correct fee (see Section 1232.110), and submitted as
indicated on the application or ISP's website.
c) Federal
Firearms License Required
1)
The applicant shall submit a copy of its FFL, with a sworn affidavit verifying
that the FFL presented was issued to the applicant and that the FFL is valid at
the time of submission of the application.
2)
In lieu of requiring an affidavit, ISP may verify the validity of an FFL
via any system or website approved by ATF and designed to allow an FFL holder or
other authorized entity to verify or authenticate the FFL submitted under
subsection (c)(1). The system or website will verify the information shown on
the FFL to determine if the FFL is valid.
3)
ISP will advise applicants on its website or the application itself if
an FFL affidavit is not required to be submitted.
d) The
applicant shall submit an affidavit identifying the name and Firearm Owner's
Identification Card number of each owner, employee, or other agent who sells or
transfers firearms for the applicant. The affidavit shall declare that each
owner, employee, or other agent of the applicant who sells or transfers
firearms is at least 21 years of age, has a valid FOID Card, and, for a renewal,
has completed the training required under Section 5-30 of the Act. The
affidavit form will be available through ISP's website.
e) Incomplete
Submissions
1) Any
application that is not completed accurately and in its entirety, or does not include
the correct fee (see Section 1232.110), will be rejected.
2) ISP
will provide written notice to any applicant whose application is rejected stating
the reasons for the rejection. The notice will also inform the applicant that
a Notice of Intent to Deny will be filed 30 days after notice of the rejection
if the applicant fails to provide all required information, complete the
application in its entirety, and submit the correct fee.
3) If an
applicant has not provided the required information or fee within 30 days after
notice of the rejection, ISP will file a Notice of Intent to Deny, unless the
applicant requests, and ISP agrees to, an extension.
f) If
the application process does not sufficiently provide all information ISP needs
to make its certification decision, ISP will attempt to get that information
from the applicant before it makes the final certification decision.
g) All
certificates issued shall remain the property of ISP.
| TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER II: ILLINOIS STATE POLICE
PART 1232
FIREARM DEALER LICENSE CERTIFICATION ACT
SECTION 1232.30 MEASURING DISTANCES
Section 1232.30 Measuring Distances
For purposes of Section 5-20(c) of the Act, the distance
between a retail location and a school, pre-school, or day care facility shall
be measured linearly and shall be the shortest distance between the nearest
corner of the building holding the retail location to the corner of the school,
pre-school, or day care facility building nearest the retail location at the
time the retail location seeks licensure.
| TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER II: ILLINOIS STATE POLICE
PART 1232
FIREARM DEALER LICENSE CERTIFICATION ACT
SECTION 1232.40 EXEMPTIONS
Section 1232.40 Exemptions
FFL holders are not required to obtain a certificate of
license if they do not engage in the business of selling, leasing, or otherwise
transferring firearms, or if they only engage in any of the transfers described
in Section 5-25 of the Act. However, if an FFL holder engages in the business
of selling, leasing, or otherwise transferring firearms in any manner not
described in Section 5-25, a valid certificate of license issued under the Act
is required.
| TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER II: ILLINOIS STATE POLICE
PART 1232
FIREARM DEALER LICENSE CERTIFICATION ACT
SECTION 1232.50 INSPECTION OF CERTIFIED LICENSEES' PLACES OF BUSINESS
Section 1232.50 Inspection of Certified Licensees' Places
of Business
a) Time for Inspection
1) Certified
licensees shall have their places of business available for inspection by ISP,
and by law enforcement agencies authorized by ISP to accompany ISP and
provide assistance, during all hours of operation involving the sale,
leasing or transfer of firearms. ISP, acting on its own or with an assisting, authorized
law enforcement agency, may conduct no more than one unannounced inspection per
year without good cause. For purposes of this Section, "good
cause" includes such instances as the need for follow-up when a
remediation plan has been entered or as part of an ISP investigation based on
concerns that the Act or this Part is being violated.
2) Any
CL that is not open to the public, does not keep regular business hours, or
operates by appointment only shall advise ISP, in writing, of that fact and of
a means for ISP to contact that CL to establish a reasonable time for
inspection when needed.
3) Nothing
in this subsection (a) shall be construed to interfere with any federal agency
or any federal agency inspection or investigation.
b) During
an inspection, certified licensees shall make the following accessible
for inspection, upon the request of ISP or an authorized assisting law
enforcement agency accompanying ISP:
1) All
records and documents related to the sale, lease, transfer, and/or
destruction of firearms; and
2) All
firearms in inventory. (Section 5-35 of the Act)
c) Failure
to fully cooperate with an inspection could result in the imposition of
discipline and/or a fine in accordance with the Act.
(Source:
Amended at 45 Ill. Reg. 6285, effective April 29, 2021)
| TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER II: ILLINOIS STATE POLICE
PART 1232
FIREARM DEALER LICENSE CERTIFICATION ACT
SECTION 1232.60 SECURITY SYSTEM
Section 1232.60 Security System
On or before January 2, 2021, a certified licensee
operating a retail location shall be required to operate and maintain in good
working order a 24 hour, seven days a week, video surveillance system.
a) The system,
at a minimum, shall record and monitor:
1) Entrances
and exits in a retail location open to the public, including exterior areas
intended for ingress and egress, and including, but not limited to, walkways
leading into the retail location and parking areas in the immediate vicinity of
the retail location. When a retail location open to the public exists in a
residence or other area of a residential property, a video surveillance system
must cover the entrances and exits and exterior areas intended for ingress and
egress, including, but not limited to, walkways leading into the retail
location and parking areas in the immediate vicinity of the area of the
residence where firearms are sold, leased or transferred and any other area
where firearms are stored.
2) The
critical areas of the interior of a facility where firearms in inventory are
displayed, handled, sold, leased, transferred or stored,
including, but not limited to, all entrances, exits, exterior windows, roof
hatches, skylights, window or wall mounted air conditioning units, and cash
register or checkout areas, but does not include restrooms or any
other area specifically prohibited by law. (Section 5-50(a) of the Act) When a
retail location open to the public exists in a residence or other area of a
residential property, a video surveillance system must cover operational
entrances and exits, windows, roof hatches, skylights, and window or wall
mounted air conditioning units, if any of those openings could be used as a
means of ingress or egress to the retail location. Video surveillance is
required in any area where firearms in inventory are displayed, handled, sold,
leased, transferred or stored. The system must operate during the hours the
retail location is open to the public and when the residential location is
otherwise vacant. Cameras should be installed to provide consistent recording
or motion activated recording of these areas.
b) The
certified licensee shall ensure that surveillance cameras are installed in a
manner that avoids backlighting and physical obstructions to maximize the
quality of recorded images, to the extent that lighting and/or physical
obstructions are in the control of the certified licensee.
c) Cameras
installed outdoors and in low-light interior areas shall be day/night cameras,
or extra lighting sufficient to maximize the quality of recorded images shall
be installed.
d) The
recording system shall be digital and shall:
1) Display
a date and time stamp on all recorded video. The date and time shall be set
correctly and shall not significantly obstruct the picture;
2) Have
the ability to remain operational, during a power outage, with an
uninterruptable power supply that meets minimum power industry standards;
3) Allow
for the exporting of still images in an industry standard image format,
including, but not limited to, .jpg, .bmp and .gif. Exported video shall be
able to be saved in an industry standard file format that can be played on a
standard computer operating system. All recordings shall be erased or
destroyed prior to disposal.
4) Have
a display capability that ensures recordings are viewable at any time.
e) Electronic
recording security systems shall be maintained in good working order at all
times. Any malfunction or technical problem with the system shall be
memorialized in a written report detailing the nature of the malfunction or
technical problem and documenting the date and time period of the malfunction
or technical problem. Documentation shall be made available to law enforcement
during routine inspection or for purposes of investigation in the event of
theft or other loss of any firearms in inventory due to criminal activity.
f) Security
Recording Retention
1) Video
recordings shall be retained by the certified licensee for a minimum of 90
days. Video recordings may be retained by storage mediums including, but not
limited to, cloud storage, an external hard drive or server, flash drives,
discs, or other storage devices that can adequately store video data.
2) The
90 day requirement for retaining security recordings will be extended if the CL
is aware of the loss or theft of any firearms in inventory, or is aware of, or
has been notified by the Department or any law enforcement agency with jurisdiction
of, a pending criminal, civil or administrative investigation or a legal
proceeding requiring relevant information captured on the recording. In those
instances, recordings shall be maintained for a one-year period or until
tendered to the investigating law enforcement agency, whichever is sooner. CLs
are required to document in writing the date, time, and name of the law
enforcement agency and officer who received and/or collected any recording
containing evidence of loss or theft of firearms in inventory.
g) Access
to the recording system shall be limited to authorized personnel in an area
that does not permit access to the public. A current roster of authorized
personnel that have access to the recording system shall be available to ISP
upon request. The roster shall, at a minimum, document the full name of the
employee; contact information for the employee, including address and phone
number; and the employee's FOID card number. This documentation requirement
does not apply to individuals employed by an outside vendor who has access to
the recording system, whether remotely or on site, for purposes of providing
technical support.
h) The
system shall be:
1) Tested
on a regular basis, but in no event less than once quarterly, to ensure it is
functioning properly; and
2) Demonstrably
operational and functioning upon inspection by ISP and any law enforcement
agencies authorized by ISP to accompany ISP and provide assistance.
(Source:
Amended at 45 Ill. Reg. 6285, effective April 29, 2021)
| TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER II: ILLINOIS STATE POLICE
PART 1232
FIREARM DEALER LICENSE CERTIFICATION ACT
SECTION 1232.70 ALARM MONITORING SYSTEM
Section 1232.70 Alarm Monitoring System
a) Beginning
January 2, 2020, a certified licensee maintaining firearms for sale, lease or
transfer must be connected to an alarm monitoring system or service that will
notify the licensee and/or the local law enforcement agency having
primary jurisdiction for the licensee's retail location of an unauthorized
intrusion into the premises of the certified licensee where firearms in
inventory are maintained. (Section 5-50(c) of the Act)
b) Each
alarm monitoring system or service shall meet the following minimum
requirements:
1) Coverage
of critical areas of the retail location, including, but not limited to, all
entrances, exits, exterior windows, roof hatches, skylights, and window or wall
mounted air conditioning units where firearms are sold, leased, transferred or stored.
When a retail location exists in a residence or other area of a residential
property, an alarm monitoring system or service must cover the critical areas
of the retail location, open to the public, where firearms are sold, leased, or
transferred and any other area where inventory is stored.
2) Monitoring
of interior motion detection, glass breakage detection, and/or any failure in
the alarm system.
3) A
notification system that will provide an alert to the certified licensee, by
telephone, email or text message or a combination thereof, within five minutes
after any interior motion detection, glass breakage, or system failure.
4) The
ability to remain operational during a power outage if all access doors are
solely controlled by an electronic access panel so that locks are not released
during a power outage.
c) The
system shall be:
1) tested
on a regular basis, but in no event less than once quarterly, to ensure it is
functioning properly; and
2) demonstratively
operational and functioning upon inspection by ISP or by any authorized
assisting law enforcement agency.
| TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER II: ILLINOIS STATE POLICE
PART 1232
FIREARM DEALER LICENSE CERTIFICATION ACT
SECTION 1232.80 SAFE STORAGE BY CERTIFIED LICENSEES
Section 1232.80 Safe Storage By Certified Licensees
a) Certified
licensees maintaining a retail location shall develop a written plan that
addresses the safe storage of firearms using secured gun storage or safety
devices and the safe storage of firearms ammunition. Safe storage plans shall
address the following areas:
1) Storage
of firearms and ammunition during retail hours and after closing;
2) Access
to firearms and ammunition during retail hours (business practices);
3) Procedures
for removing or replacing firearms to show to customers;
4) Loss
or theft reporting;
5) Description
of anti-theft measures and practices;
6) Disaster
plan;
7) Structural
Security;
8) Employee
Screening; and
9) Employee
training and education regarding certified licensee's policy and procedures and
loss prevention measures.
b) Safe
storage plans shall be submitted to ISP for approval in an electronic format
that will be provided by ISP. (Section 5-55 of the Act) Safe storage plans
will require a written description of methods for complying with all areas listed
in subsection (a). The safe storage plan shall also address the following
practices:
1) Use
of safety devices reasonably designed to prevent diversion, theft or loss;
2) Keep
all locks and security equipment in good working order;
3) Ensure
that keys remain in a location that is not accessible to persons other than
specifically authorized personnel;
4) Maintain
a roster of personnel possessing and/or using keys for secure storage areas
and/or safety devices. The roster should, at a minimum, document the date and
time (duration) the keys were in the employee's possession and the specific
secure storage areas or safety devices accessible to personnel in possession of
those keys.
5) Prohibit
other security measures, such as combination numbers, codes, passwords or
electronic or biometric security systems, from being accessible to persons
other than specifically authorized personnel;
6) Keep
the retail location securely locked and protected from unauthorized entry at
all times when closed for business or unoccupied by authorized personnel;
7) Keep
firearm ammunition stored out of the reach of customers unless the ammunition
is being displayed in sealed cases or a quantity that could not be concealed on
the person of an individual. Storage that is out of the reach of customers may
include, but is not limited to, shelving that is arranged behind an enclosed
counter area, or a safe, case, lock box or other receptacle that is not immediately
accessible to unauthorized personnel. Firearm ammunition in smaller quantities
that could be concealed on the person of an individual may be stored within the
reach of customers if the firearm ammunition is equipped with a safety device
designed to prevent theft.
8) Ensure
inventory records are protected by securing the records after business hours in
a locked location. Only authorized or law enforcement personnel shall be
permitted to view or handle the inventory records;
9) Complete
an internal audit of inventory (as defined in Section 1232.10) on a regular
basis, but in no event less frequently than twice per calendar year. Internal
audits shall be memorialized in writing, and the person or persons who
conducted the internal audit shall be identified in the memorialized document.
The document shall be made available to ISP upon request;
10) Keep
current and accurate inventory acquisition and disposition records. These
records shall be made available to ISP upon request;
11) Maintain
a plan that adequately ensures the timely securing of inventory and firearm
ammunition in the event of a disaster. The plan shall be made available to ISP
upon request; and
12) Ensure
employees with access to inventory and/or firearm ammunition, or who otherwise
handle inventory and/or firearm ammunition, are not prohibited from possessing
firearms under State or federal law.
c) If a
loss, theft or diversion of inventory has occurred from a retail location, the
certified licensee shall notify ATF and the local law enforcement agency having
primary jurisdiction for the licensee's retail location within 48 hours after
the loss or theft is discovered, pursuant to the notification requirements of
18 USC 923(g)(6). The certified licensee shall provide a copy of any such
notification to ISP. If any firearms previously reported as lost or stolen are
subsequently recovered by the CL, the CL shall notify ATF and the appropriate
local law enforcement agency of the recovery.
(Source:
Amended at 45 Ill. Reg. 6285, effective April 29, 2021)
| TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER II: ILLINOIS STATE POLICE
PART 1232
FIREARM DEALER LICENSE CERTIFICATION ACT
SECTION 1232.90 TRAINING; STATEWIDE COMPLIANCE STANDARDS
Section 1232.90 Training; Statewide Compliance Standards
a) The
annual training shall consist of, at minimum, a review of materials made
available to certified licensees on ISP's website or through other publicly
available means, or any other curriculum approved by ISP. Those materials will
be made available on ISP's website or through other publicly available means.
b) A
certified licensee shall:
1) Ensure
the CL and all employees who sell, facilitate leases, or otherwise transfer
firearms attend the training required by Section 5-30 of the Act. The required
training shall be completed before certification by ISP and yearly thereafter.
2) Ensure
training required by Section 5-30 of the Act is completed by all newly hired
employees who will be selling, facilitating leases, or otherwise transferring
firearms prior to the new employee participating in the sale, lease or transfer
of any firearms or ammunition.
3) Verify
completion of the required annual training by the CL and all applicable employees
by submitting an affidavit to ISP indicating the CL and all applicable
employees have completed the training required by Section 5-30 of the Act. A
copy of the affidavit will be available through ISP's website. The affidavit
shall be submitted with each application for certification or renewal.
| TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER II: ILLINOIS STATE POLICE
PART 1232
FIREARM DEALER LICENSE CERTIFICATION ACT
SECTION 1232.100 ELECTRONIC-BASED RECORDKEEPING
Section 1232.100 Electronic-based Recordkeeping
a) On
or before January 2, 2020, each certified licensee operating a retail location
shall implement a searchable electronic record system to track its changing
inventory by updating the date a firearm was received or sold, the name and
address or the name and FOID card number of the person from whom the firearm
was received or sold, the name of the manufacturer and importer (if known), make,
model, caliber or gauge, and serial number of each firearm that it receives or
sells. (Section 5-65 of the Act)
b) The
electronic record system must permit inventory queries by firearm serial
number, acquisition date of the firearm, name of the manufacturer or importer,
name of the purchaser, address of the purchaser or other transferee, and ATF
Form 4473 transferor's transaction serial number. Use of commonly recognized
trade names or abbreviations are acceptable when denoting manufacturer or
importer.
c) The
electronic record system must denote original entries and must track or include
notations of any edits, corrections, amendments or current transactions.
d) The
electronic record system must be able to present the necessary information in
any column format and may include a notes column to track any edits,
corrections, amendments, or other relevant information related to a
transaction. If a spreadsheet program (e.g., Excel) is being utilized, the
system must be able to track any edits, corrections, amendments, or other
relevant information in a "notes" column that explains any changes
that were made to the original entries.
e) The
electronic record system must be backed up to a physical storage device
separate from the primary system (e.g., hard drive, Compact Disc (CD), Digital
Versatile Disc (DVD), or Universal Serial Bus (USB) Flash Drive) at the
licensee's business premises.
f) The
electronic record system may be stored on a computer server or physical storage
device owned and operated by the licensee, or contracted/leased by the licensee
through a host facility such as a remote server or cloud storage provider. The
electronic record system must be readily accessible through a computer server
or device owned and operated by the licensee at the licensed premises during
regular business hours. If a host facility is used, that facility must have a
business premises within the United States and its territories and be subject
to U.S. legal process.
g) The
electronic record system must have the capacity to provide records in print or
by another portable medium (e.g., hard drive, CD, DVD, or USB Flash Drive), or
may be transmitted to ISP by electronic means such as an attachment to email:
1) at least semiannually;
2) upon
request by ISP when required by law;
3) when
the system memory is purged;
4) when the license is
terminated; and
5) sequentially
by date of acquisition for all inventory and indicating the date of all sales
of inventory conducted during the period covered.
h) The
electronic record system must be able to record both the manufacturer and the
importer for foreign-made firearms.
i) Each
licensee operating as a licensed dealer must maintain its firearms acquisition
and disposition records in a manner that allows those records to be separated
and partitioned from other business related records.
j) The
electronic record system must be self-contained, without reliance upon invoices
or other paper/manual systems to provide any of the above information.
k) Retail
sales and purchases shall be recorded within 24 hours after the transaction.
Shipments of firearms from manufacturers or wholesalers shall be recorded upon
the earlier of five business days or within 24 hours after the shipment is
unpacked and the firearm placed in inventory. (Section 5-65 of the Act)
l) A
certified licensee shall make a legible copy of a buyer's or transferee's valid
photo identification card whenever a firearm sale transaction takes place. The photocopy
shall be attached to the documentation detailing the record of sale. (Section
5-20(a) of the Act)
m) Each
certified licensee shall maintain these records for a period of no less than
the time period under 27 CFR 478.129 or any subsequent law that regulates the
retention of records. (Section 5-65 of the Act)
n) Alternate
Method of Record Keeping
1) Certified
licensees may seek ISP approval to use an alternate, non-electronic method or
procedure to record the acquisition and disposition of firearms when it is
shown by the licensee that the alternate records will accurately and readily
disclose the information required to be maintained. The alternate records must
be legible even if scanned and must be easily uploaded to a PDF format. The
amount of transactions recorded must assure that review of the alternate
records will not impose an undue burden on ISP.
2) The
Director may approve an alternate method or procedure when he or she finds
that:
A) good
cause is shown for the use of the alternate method or procedure;
B) the
alternate method or procedure comports with the purpose and is consistent with
the effect intended by the specifically prescribed method or procedure, and that
the alternate method or procedure is substantially equivalent to that
specifically prescribed method or procedure; and
C) the
alternate method or procedure will not be contrary to any provision of law and
will not result in an increase in cost to the State or hinder the effective
administration of the Act.
o) Any
electronic or alternate record keeping system compliant with ATF regulations
that accurately records the information required to be maintained by this
Section is sufficient for satisfying the requirements of Section 5-65 of the
Act.
| TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER II: ILLINOIS STATE POLICE
PART 1232
FIREARM DEALER LICENSE CERTIFICATION ACT
SECTION 1232.110 FEES AND FINES
Section 1232.110 Fees and Fines
a) An
applicant for license certification shall submit the following certification
fee, submitted in the form of a certified check or money order payable to
"Illinois State Police", or by such other means as approved by ISP.
Checks or money orders shall be delivered to ISP as provided in Section 1232.180,
upon notification from ISP that the application has been approved. The
notification will advise the applicant of the applicable certification fee due.
1) The certification
fee for an FFL held by a person operating without a retail location,
as defined by Section 5-5 of the Act, shall be $300 for each application
submitted.
2) The certification
fee for an FFL held by a person operating with a retail location shall
be $1,200 for each application submitted. (Section 5-70 of the Act)
3) The renewal
fee for an FFL shall be $100 for a certified licensee operating without a
retail location and $400 for a CL operating with a retail location.
4) For
new CL applicants who are current FFL holders as of January 18, 2019, the certification
fee shall be prorated on a monthly basis from the date of the initial FFL application
and shall be effective for the duration of the current FFL in the applicant's
possession. The prorated certification fee shall be based on the number of
months remaining on the applicant's current valid FFL.
5) For CLs
who submitted a full certification fee prior to the effective date of this Part,
and who are eligible for proration of the certification fee under subsection
(a)(4), ISP will credit any overpayment towards the cost of the CL's next renewal
or, upon written request by the CL to ISP, will issue a refund of any
overpayment.
b) ISP
may not charge a certified licensee, operating under the same or different
business name in this State, fees exceeding $40,000 for the certification of
multiple licenses. (Section 5-70 of the Act)
c) ISP
may impose a fine not to exceed $10,000 for each violation of the Act (see
Sections 5-15 and 5-85 of the Act and Section 1232.150). (Section 5-85 of the
Act)
d) All
civil penalties or fines imposed under the Act shall be paid within 90 days
after the effective date of the final order issued imposing the fine. (Section
5-15(g) of the Act) All civil penalties or fines shall be paid by certified
check or money order payable to the "Illinois State Police" or by
such other means as approved by ISP. Checks or money orders shall be delivered
to ISP as provided in Section 1232.180.
| TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER II: ILLINOIS STATE POLICE
PART 1232
FIREARM DEALER LICENSE CERTIFICATION ACT
SECTION 1232.120 TERM OF LICENSE
Section 1232.120 Term of License
a) Each
certification shall be valid for the term of the FFL being certified. An FFL
holder shall certify each new or renewed FFL. However, ISP is not required to
renew a certification if a prior certification has been revoked or suspended.
(Section 5-75 of the Act)
b) If a certified
licensee submits an application for certification of a renewed FFL prior to the
expiration of the current FFL, the current certification shall remain valid
while the application is pending.
| TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER II: ILLINOIS STATE POLICE
PART 1232
FIREARM DEALER LICENSE CERTIFICATION ACT
SECTION 1232.130 RETENTION OF RECORDS
Section 1232.130 Retention of Records
a) Each
certified licensee shall keep, either in electronic form or hard copy, all
acquisition and disposition records for a period of time no less than the time
required under 27 CFR 478.129 or any subsequent law that regulates the
retention of records. Electronic-based recordkeeping will be required for certified
licensees operating a retail location on or after January 2, 2020, pursuant to
Section 5-65 of the Act.
b) All
video surveillance records, along with sound recordings (if any) obtained
from them, shall be retained by the certified licensee for a minimum of 90 days
and in accordance with Section 1232.60. (Section 5-80 of the Act)
| TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER II: ILLINOIS STATE POLICE
PART 1232
FIREARM DEALER LICENSE CERTIFICATION ACT
SECTION 1232.140 RETURN OF SUSPENDED OR REVOKED CERTIFICATE OF LICENSE
Section 1232.140 Return of Suspended or Revoked
Certificate of License
a) Upon
the suspension or revocation of a certification of license, the certified
licensee shall surrender the certificate to ISP in accordance with Section
1232.180. Upon failure to do so, ISP will seize the certificate.
b) When
the certification is suspended, the certified licensee shall not operate as a CL
during the period in which the certificate is suspended and, if operating during
that period, shall be operating in violation of Section 5-15(a) of the Act.
(Section 5-100(e) of the Act)
| TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER II: ILLINOIS STATE POLICE
PART 1232
FIREARM DEALER LICENSE CERTIFICATION ACT
SECTION 1232.150 DISCIPLINARY SANCTIONS; RESTORATION
Section 1232.150 Disciplinary Sanctions; Restoration
a) For
violations of the Act not penalized under Section 5-15 of the Act, ISP may
refuse to renew or restore, or may reprimand, place on probation, suspend,
revoke, or take other disciplinary or nondisciplinary action against any certified
licensee, and may impose a fine commensurate with the severity of the violation
not to exceed $10,000 for each violation. (Section 5-85(a) of the Act) Any
disciplinary action taken under this Section will be made public on the ISP
website.
b) Violations
that, after investigation, are demonstrated to be the result of errors in
record keeping, other required inventory tracking mechanisms, or other
ministerial errors that do not constitute deliberate misfeasance, malfeasance,
criminal intent, or negligence may be addressed through nondisciplinary action,
including, but not limited to, a written warning, remediation plan, or
additional training requirements.
c) The
following factors shall be weighed by the Director or hearing officer appointed
by the Director when determining the severity of a violation that requires
disciplinary action:
1) Whether
the violation constitutes a criminal offense under the Criminal Code of 2012 [720
ILCS 5] or any federal law and, if so, whether the violation would be
considered a petty or business offense, misdemeanor, or felony under Illinois
law;
2) Whether
the certified licensee cooperated with ISP in its investigation;
3) Whether
the CL refused to cooperate with ISP in its investigation, including, but not
limited to, providing false or misleading information;
4) Whether
the violation is the first violation or a subsequent violation of the Act;
5) Whether
the CL has received prior discipline for the violation in question (i.e., 1st
violation, 2nd or subsequent violation);
6) The
number of violations committed by the CL;
7) Whether
the violation involves fraudulent activity, deception or misrepresentation;
8) Whether
the violation directly resulted in the death or injury to any person or damage
to any property; and
9) Whether
the violation constitutes a petty, minor, or major violation as those terms are
defined in subsections (c), (d) and (e).
d) Petty
violations of the Act may be subject to a written reprimand, a specified term
of probation or suspension not to exceed 6 months for a 1st
violation or one year for a 2nd violation, or a civil penalty or
fine not to exceed $200 for a 1st violation and $500 for a 2nd
or subsequent violation. For purposes of this Section, "petty violation"
means any violation of the Act listed in Section 5-85 of the Act that is not a
criminal offense, or that would constitute a petty or business offense or a
Class B or C misdemeanor, under the Criminal Code of 2012.
e) Minor
violations of the Act may be subject to probation or suspension not to exceed
one year for a 1st violation or 18 months for a 2nd or
subsequent violation, or a civil penalty or a fine not to exceed $2,500 for a 1st
violation and $5,000 for a 2nd or subsequent violation. For the
purposes of this Section, "minor violation" means:
1) any
violation of Section 5-15 of the Act that would constitute a Class A
misdemeanor; and
2) a
violation of Section 5-85 of the Act:
A) (a)(1),
(a)(3), (a)(5) or (a)(8), if the violation would constitute a Class A
misdemeanor;
B) (a)(2),
if due to negligence or carelessness;
C) (a)(6)(A),
if a misdemeanor;
D) (a)(7),
if the person did not have knowledge the firearms were sold or transferred
illegally, but should have known; and
E) (a)(9).
f) Major
violations of the Act shall be subject to suspension for a period of time
deemed appropriate by the Director, or to revocation, based on the facts and
circumstances of the violation, and may include a civil penalty or fine not to
exceed $5,000 for a 1st violation and $10,000 for a 2nd
or subsequent violation. For the purposes of this Section, "major
violation" means:
1) any
violation of Section 5-15 of the Act that would constitute a Class 4 felony;
and
2) a violation of Section
5-85 of the Act:
A) (a)(1),
(a)(3), (a)(5), (a)(6)(A), or (a)(8), if the violation would constitute a
felony;
B) (a)(2),
if due to intentional or willful and wanton behavior;
C) (a)(7),
if the person had knowledge the firearms were sold or transferred illegally;
D) (a)(10);
and
E) (a)(11).
g) All
penalties, including civil penalties or fines, shall only be
assessed by ISP after a hearing is held in accordance with Sections 5-95 and
5-100 of the Act. (Section 5-15(e) of the Act)
h) All
civil penalties or fines imposed under the Act shall be paid within 90 days
after the effective date of the final order imposing the fine. The order shall
constitute a judgment and may be filed and executed in the same manner as any
judgment from any court of record. (Sections 5-15(g) and 85(b) of the
Act) All civil penalties or fines shall be paid via certified check or money
order payable to the "Illinois State Police" or by such other means
as approved by ISP. Checks or money orders shall be delivered to ISP as
provided in Section 1232.180.
i) Any
certificate of license obtained under the Act by material misstatement or
fraudulent misrepresentation shall be automatically revoked.
j) At
any time after the successful completion of a term of probation, suspension or
revocation of a certificate of license, ISP may restore the license to the certified
licensee, unless, after an investigation and a hearing, the Director determines
that restoration is not in the public interest. (Section 5-105 of the Act)
| TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER II: ILLINOIS STATE POLICE
PART 1232
FIREARM DEALER LICENSE CERTIFICATION ACT
SECTION 1232.160 COMPLAINTS; INVESTIGATIONS; HEARINGS
Section 1232.160 Complaints; Investigations; Hearings
a) Notice
of Intent to Deny
1) A
refusal to issue a certificate of license shall be initiated by the filing of a
Notice of Intent to Deny and issuance of a written Notice of Hearing. A Notice
of Intent to Deny shall clearly state the facts that inform the applicant of
the particular acts or circumstances complained of by ISP and the statutes or
rules upon which the allegations in the Notice of Intent to Deny are based.
2) A Notice
of Intent to Deny and Notice of Hearing shall be served upon the applicant, by
certified mail to the applicant's address of record, at least 30 days prior to
the date set for hearing. The Notices shall advise the applicant of the
following:
A) a
written answer to the charges must be filed under oath within 20 days after
service;
B) failure
to answer will result in a default being entered against the applicant; and
C) the
time and place for the hearing on the charges.
3) Answers
to the Notice of Intent to Deny shall be filed with ISP in the form and manner
as provided for in Sections 1232.180, 1232.190 and 1232.200.
b) Complaint
for Discipline
1) An
action for discipline shall be initiated by ISP filing a written Complaint and
issuance of a written Notice of Hearing. The Complaint shall clearly state the
charges made and facts that inform the certified licensee of rules upon which
the allegations in the Complaint and Notice are based.
2) A
copy of the Complaint and Notice shall be served upon the CL, by certified mail
to the CL's address of record, at least 30 days prior to the date set for
hearing and shall advise the CL of the following:
A) a
written answer to the charges must be filed under oath within 20 days after
service;
B) failure
to answer will result in a default being entered against the CL; and
C) the
time and place for the hearing on the charges.
3) Answers
to the Complaint and Notice shall be filed with ISP as provided for in Sections
1232.180, 1232.190 and 1232.200.
c) Investigations
1) ISP
may, as necessary, coordinate efforts with relevant local, State and federal
law enforcement agencies to enforce the Act. (Section 5-120 of the Act)
2) Investigations
may be prompted by citizen complaints made directly to ISP through ISP's
website in a form and manner prescribed by ISP as directed on its website or
forwarded to ISP by other law enforcement entities.
3) Authority
to Continue Operations
A) Certified
Licensees. A certified licensee may continue to operate during the course of
an investigation or hearing unless the Director finds that the public interest,
safety, or welfare requires emergency action. (Section 5-100(d) of the
Act)
B) Certification
Applicants. An applicant who is served with a Notice of Intent to Deny, due to
a determination by ISP that the applicant does not possess a currently valid FFL,
shall be prohibited from operating during the course of the investigation or
hearing, or unless and until ISP determines that the applicant possesses a
currently valid FFL.
4) Each certified
licensee shall respond immediately to, and in no event later than 24 hours
after the receipt of, a request by ISP for information contained in the records
required to be kept by the Act as may be required for determining the
disposition of one or more firearms in the course of a criminal investigation. The
requested information shall be provided orally or in writing as ISP may
require.
d) Issuance
of Subpoenas
1) Upon
application to a hearing officer appointed by the Director, the hearing officer
may issue a subpoena requiring any person or entity to attend
a hearing to give written or oral testimony. The subpoena may
include an order to produce books, papers, electronic records, or
any other documents or tangible things designated in those materials that ISP
deems directly relevant or material to an investigation or hearing and
reasonably necessary to resolve the matter under consideration, subject to
the same fees and in the same manner prescribed in civil cases in the courts of
this State.
2) Every
subpoena shall state the title of the action and shall command each person to
whom it is directed to attend and give testimony or produce documents, records
or tangible things at the time and place specified in the subpoena. Notice of
the request for subpoena shall be served on all parties.
3) The
certified licensee may file an emergency motion with the Director or a hearing
officer authorized by ISP to quash a subpoena issued by ISP.
4) The
Hearing Officer or the Director, upon timely made written motion, and, in
any event, at or before the time specified in the subpoena for compliance, may
quash or modify the subpoena if it is unreasonable and oppressive. (Section
5-45 of the Act)
5) Any
application for subpoena must be submitted to the Hearing Office at least 10
days before the hearing.
e) Hearings
1) The
hearing officer for contested hearings shall be an attorney licensed to
practice law in Illinois appointed by the Director. The hearing officer may be
disqualified for bias or conflict of interest.
2) The
procedures for the hearing shall be as described in Article 10 of the Illinois
Administrative Procedure Act [5 ILCS 100], unless other procedures are specifically
described in this Section or as ordered by the hearing officer.
3) A
hearing may be postponed or continued for due cause by the hearing officer upon
his or her own motion or upon motion of a party to the hearing. Notice of any
postponement or continuance shall be given in writing to all parties to the
hearing within a reasonable time in advance of the previously scheduled hearing
date, when feasible. All parties involved in a hearing shall attempt to avoid
undue delay caused by repetitive postponements or continuances so that the
subject matter of the hearing may be resolved expeditiously.
4) Failure
of a CL to appear on the date set for hearing, or failure to proceed as ordered
by the hearing officer, shall constitute a default. The hearing officer shall
thereupon enter such Findings, Conclusions of Law, and Recommendations as is
appropriate under the pleadings and the evidence received into the record.
5) The hearing
officer's Findings, Conclusions of Law, and Recommendations shall be in writing
and shall include Findings of Fact and Conclusions of Law, and Recommendations
or Opinions separately stated when possible. Findings of Fact shall be based
exclusively on the evidence presented at the hearing or known to all parties,
including matters officially noticed. Findings of Fact shall be accompanied by
a statement of the underlying supporting facts. If a party submits proposed
Findings of Fact that may control the decision or order, the decision or order
shall include a ruling upon each proposed finding. Each Conclusion of Law shall
be supported by authority or reasoned opinion. A hearing officer's Recommendation
shall not be made except upon consideration of the record as a whole or such
portion of the record as may be supported by competent material and substantial
evidence.
6) The
hearing officer shall submit his or her Findings, Conclusions of Law, and Recommendations
to the Director within 45 days after the conclusion of the hearing.
7) All
hearings shall be conducted at a location determined by the Director.
| TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER II: ILLINOIS STATE POLICE
PART 1232
FIREARM DEALER LICENSE CERTIFICATION ACT
SECTION 1232.170 ORDER OF THE DIRECTOR
Section 1232.170 Order of the Director
a) The
Director shall review the hearing officer's Findings, Conclusions of Law, and
Recommendations and shall issue an order either adopting or declining to adopt
the hearing officer's Findings of Fact, Conclusions of Law, and
Recommendations, in whole or in part, within a reasonable time, not to exceed
60 days. The order shall also contain a finding of whether the
accused licensee violated the Act or failed to comply with the
conditions required in the Act. (Section 5-100(a) of the Act)
b) The
decision in the case will become effective immediately upon the execution of a
written order, or as otherwise specified by either the order or applicable
statute. The order is final and subject to judicial review under Section 5-10
of the Act.
c) A certified
licensee shall be immediately notified of the order, either personally or by
certified mail, addressed to the last known address of the CL. A copy of the order
shall be delivered or mailed to the CL or to his or her attorney of record.
| TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER II: ILLINOIS STATE POLICE
PART 1232
FIREARM DEALER LICENSE CERTIFICATION ACT
SECTION 1232.180 FILING
Section 1232.180 Filing
a) Documents
and motions permitted or required to be filed with ISP in connection with a
hearing or response to a subpoena issued by ISP shall be addressed to and
mailed to, or filed in person with, the Illinois State Police, 801 South
Seventh Street, Springfield IL 62703, in duplicate or as otherwise directed by
a hearing officer if one has been appointed by the Director. The offices of ISP
are open for filing from 8:30 a.m. to 5:00 p.m., Monday through Friday, except
on National and State legal holidays.
b) By
agreement of the parties or by order of the hearing officer, filing of these
documents may also be accomplished by email to ISP and opposing party (or
opposing party's counsel). Any filings by email must be in PDF format and received
by the recipient no later than 5:00 p.m. on the date filing is due.
| TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER II: ILLINOIS STATE POLICE
PART 1232
FIREARM DEALER LICENSE CERTIFICATION ACT
SECTION 1232.190 FORM OF DOCUMENTS
Section 1232.190 Form of Documents
All documents filed with ISP must meet the following
requirements:
a) Documents
shall clearly show the file Hearing Number and the title of the proceedings in
connection with which they are filed.
b) Except
as otherwise provided, 2 copies of all documents, including notices, motions,
and petitions, shall be filed with ISP.
c) Except
as otherwise provided, documents shall be typewritten or reproduced from
typewritten copy on letter or legal size white paper.
d) One
copy of each document filed shall be signed by the certified licensee or by his
or her authorized representative or attorney.
| TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER II: ILLINOIS STATE POLICE
PART 1232
FIREARM DEALER LICENSE CERTIFICATION ACT
SECTION 1232.200 MOTION AND ANSWER
Section 1232.200 Motion and Answer
a) Any CL
receiving a Complaint or Notice of Intent to Deny shall file an answer within
20 calendar days after service and not later than 10 calendar days prior to the
date of hearing. All answers or motions preliminary to a hearing shall be
presented to ISP and to the hearing officer at least 10 calendar days prior to
the date of hearing, or on such other date as the hearing officer shall
designate, and shall be served personally or by certified mail.
b) Unless
made orally on the record during a hearing, or unless the hearing officer
directs otherwise, an answer or motion shall be in writing and shall be
accompanied by any other evidence relied upon and, as appropriate, by a
proposed order. At least 2 copies of all such motions shall be filed with ISP
(one for the ISP attorney and one for the hearing officer) and at least one
copy served on each additional party, if any, to the hearing.
c) Every
answer shall contain an explicit admission or denial of each allegation of the
Complaint, Notice of Intent to Deny, or motion to which it relates. Every
allegation not explicitly denied shall be deemed admitted unless the party
states in his or her answer that he or she has no knowledge of the allegation
sufficient to form a belief, and attaches an affidavit of the truth of the
statement of want of knowledge, or unless the party has had no opportunity to
deny. Denials must not be evasive, but must fairly answer the substance of the
allegation denied.
d) Within
10 calendar days after service of a written motion, or such other period as the
hearing officer may prescribe, a party may file a response in support of or in
opposition to the motion, accompanied by affidavits or other evidence. If no
response is filed, the parties shall be deemed to have waived objection to the
granting of the motion. The moving party shall have no right to reply, except
as permitted by the hearing officer.
e) No
oral argument will be heard on a motion unless the hearing officer directs otherwise.
A written brief may be filed with a motion or a response to a motion, stating
the arguments and authorities relied upon.
f) The
hearing officer shall rule upon all motions, except that he or she shall have
no authority to dismiss or decide a hearing on the merits without granting all
parties to the proceeding a right to be heard and to establish a record.
g) A
party may participate in the proceedings without forfeiting any jurisdictional
objection, if that objection is raised at or before the time the party files
his or her answer or motion, or, if no answer or motion is made, before the
commencement of the hearing.
| TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER II: ILLINOIS STATE POLICE
PART 1232
FIREARM DEALER LICENSE CERTIFICATION ACT
SECTION 1232.210 REHEARINGS
Section 1232.210 Rehearings
a) Except
as otherwise provided by law, and for good cause shown, the Director may, in
his or her discretion, order a rehearing on written motion of the certified
licensee. The motion shall specify the particular grounds for rehearing.
b) When
the record of testimony made at the hearing is found by the Director to be
inadequate for purposes of judicial review, the Director may order a reopening
of the hearing.
c) A motion
for a rehearing or a motion for the reopening of a hearing shall be filed within
20 calendar days after service of the Director's order. ISP may respond to the
motion for rehearing if it is determined that a response is necessary to
address issues raised in the rehearing motion. ISP's response shall be filed
within 20 calendar days after its service on ISP. A rehearing shall be noticed
and conducted in the same manner as an original hearing. The evidence received
at the rehearing shall be included in the record for the director's reconsideration
and for judicial review. A decision or order may be amended or vacated after
rehearing.
| TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER II: ILLINOIS STATE POLICE
PART 1232
FIREARM DEALER LICENSE CERTIFICATION ACT
SECTION 1232.220 ADMINISTRATIVE REVIEW
Section 1232.220 Administrative Review
a) All
final administrative decisions of ISP shall be subject to judicial review under
the Administrative Review Law [735 ILCS 5/Art. III]. (Section 5-110 of the
Act) The term "administrative decision" is defined in Section 3-101
of the Administrative Review Law.
b) If
any final ISP action is appealed in circuit court pursuant to this Section, the
record on review shall include the following:
1) The
application and any other related documents submitted;
2) Any
written documentation considered by ISP in making its final decision with
respect to the application;
3) Any
written correspondence between ISP and the person or entity submitting the
application, provided that the correspondence played a material role in the
final decision rendered by ISP, made a material argument to ISP with respect to
the application or petition, or would be helpful to the circuit court in
reviewing the matter because the correspondence provides helpful procedural
background; and
4) The
transcript of any administrative hearing and any documents or other evidence
submitted at the hearing.
| TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER II: ILLINOIS STATE POLICE
PART 1232
FIREARM DEALER LICENSE CERTIFICATION ACT
SECTION 1232.230 MANDATORY SIGNAGE
Section 1232.230 Mandatory Signage
Sections 5-20 and 5-50 of the Act specify warning language
that must be posted.
a) Signage
shall be posted as required under Sections 5-20 and 5-50 of the Act.
b) Templates
for signs required pursuant to Sections 5-20 and 5-50 of the Act are provided
in Appendix A and are available on ISP's website.
c) If a
larger sign is warranted, ISP's image must be incorporated into the sign, and
the required warning language must still be in block letters not less than one
inch in height.
d) The
required signs shall be clearly and conspicuously posted, as required by Sections
5-20 and 5-50 of the Act, on the premises where the certified licensee conducts
business.
1) The
sign required by Section 5-20 of the Act shall advise persons that it is
unlawful:
A) to
store or leave an unsecured firearm in a place where a child can obtain access
to it;
B) to
sell or transfer a firearm to someone else without receiving an approval for
the transfer from ISP; and
C) to
fail to report the loss or theft of a firearm to local law enforcement within
72 hours. (Section 5-20 of the Act)
2) The
sign required by Section 5-50 of the Act shall provide persons entering the
property notice that the premises are under video surveillance and their
image may be recorded pursuant to Section 5-50 of the Act. (Section 5-50
of the Act)
Section 1232.EXHIBIT A Warning Signage
| TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER II: ILLINOIS STATE POLICE
PART 1232
FIREARM DEALER LICENSE CERTIFICATION ACT
SECTION 1232.EXHIBIT A WARNING SIGNAGE
Section 1232.EXHIBIT A Warning Signage
Pursuant to Sections 5-20 and 5-50 of the Act, the warning
language on the signs must be in BLOCK LETTERS at least one inch in height.
The images are available on ISP's website for download. Image
prints to 25" x 32".
Image prints to 8.5" x 14".
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
