103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3795

 

Introduced 2/17/2023, by Rep. Frances Ann Hurley

 

SYNOPSIS AS INTRODUCED:
 
430 ILCS 65/3  from Ch. 38, par. 83-3
430 ILCS 65/3.1  from Ch. 38, par. 83-3.1

    Amends the Firearm Owners Identification Card Act. Provides that the sale or transfer of firearm ammunition is subject to the Firearm Transfer Inquiry Program requiring a criminal background check by the Illinois State Police of the person before the person may acquire firearm ammunition.


LRB103 27351 RLC 53723 b

 

 

A BILL FOR

 

HB3795LRB103 27351 RLC 53723 b

1    AN ACT concerning safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Firearm Owners Identification Card Act is
5amended by changing Sections 3 and 3.1 as follows:
 
6    (430 ILCS 65/3)  (from Ch. 38, par. 83-3)
7    (Text of Section before amendment by P.A. 102-237)
8    Sec. 3. (a) Except as provided in Section 3a, no person may
9knowingly transfer, or cause to be transferred, any firearm,
10firearm ammunition, stun gun, or taser to any person within
11this State unless the transferee with whom he deals displays
12either: (1) a currently valid Firearm Owner's Identification
13Card which has previously been issued in his or her name by the
14Illinois State Police under the provisions of this Act; or (2)
15a currently valid license to carry a concealed firearm which
16has previously been issued in his or her name by the Illinois
17State Police under the Firearm Concealed Carry Act. In
18addition, all firearm, stun gun, and taser transfers by
19federally licensed firearm dealers are subject to Section 3.1.
20    (a-5) Any person who is not a federally licensed firearm
21dealer and who desires to transfer or sell a firearm while that
22person is on the grounds of a gun show must, before selling or
23transferring the firearm, request the Illinois State Police to

 

 

HB3795- 2 -LRB103 27351 RLC 53723 b

1conduct a background check on the prospective recipient of the
2firearm in accordance with Section 3.1.
3    (a-10) Notwithstanding item (2) of subsection (a) of this
4Section, any person who is not a federally licensed firearm
5dealer and who desires to transfer or sell a firearm or
6firearms to any person who is not a federally licensed firearm
7dealer shall, before selling or transferring the firearms,
8contact a federal firearm license dealer under paragraph (1)
9of subsection (a-15) of this Section to conduct the transfer
10or the Illinois State Police with the transferee's or
11purchaser's Firearm Owner's Identification Card number to
12determine the validity of the transferee's or purchaser's
13Firearm Owner's Identification Card under State and federal
14law including the National Instant Criminal Background Check
15System. This subsection shall not be effective until July 1,
162023. Until that date the transferor shall contact the
17Illinois State Police with the transferee's or purchaser's
18Firearm Owner's Identification Card number to determine the
19validity of the card. The Illinois State Police may adopt
20rules concerning the implementation of this subsection. The
21Illinois State Police shall provide the seller or transferor
22an approval number if the purchaser's Firearm Owner's
23Identification Card is valid. Approvals issued by the Illinois
24State Police for the purchase of a firearm pursuant to this
25subsection are valid for 30 days from the date of issue.
26    (a-15) The provisions of subsection (a-10) of this Section

 

 

HB3795- 3 -LRB103 27351 RLC 53723 b

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

 

 

HB3795- 4 -LRB103 27351 RLC 53723 b

1    gunsmith for service or repair, the return of the firearm
2    to its owner by the gunsmith, or the delivery of a firearm
3    by a gunsmith to a federally licensed firearms dealer for
4    service or repair and the return of the firearm to the
5    gunsmith;
6        (6) temporary transfers that occur while in the home
7    of the unlicensed transferee, if the unlicensed transferee
8    is not otherwise prohibited from possessing firearms and
9    the unlicensed transferee reasonably believes that
10    possession of the firearm is necessary to prevent imminent
11    death or great bodily harm to the unlicensed transferee;
12        (7) transfers to a law enforcement or corrections
13    agency or a law enforcement or corrections officer acting
14    within the course and scope of his or her official duties;
15        (8) transfers of firearms that have been rendered
16    permanently inoperable to a nonprofit historical society,
17    museum, or institutional collection; and
18        (9) transfers to a person who is exempt from the
19    requirement of possessing a Firearm Owner's Identification
20    Card under Section 2 of this Act.
21    (a-20) The Illinois State Police shall develop an
22Internet-based system for individuals to determine the
23validity of a Firearm Owner's Identification Card prior to the
24sale or transfer of a firearm. The Illinois State Police shall
25have the Internet-based system updated and available for use
26by January 1, 2024. The Illinois State Police shall adopt

 

 

HB3795- 5 -LRB103 27351 RLC 53723 b

1rules not inconsistent with this Section to implement this
2system, but no rule shall allow the Illinois State Police to
3retain records in contravention of State and federal law.
4    (a-25) On or before January 1, 2022, the Illinois State
5Police shall develop an Internet-based system upon which the
6serial numbers of firearms that have been reported stolen are
7available for public access for individuals to ensure any
8firearms are not reported stolen prior to the sale or transfer
9of a firearm under this Section. The Illinois State Police
10shall have the Internet-based system completed and available
11for use by July 1, 2022. The Illinois State Police shall adopt
12rules not inconsistent with this Section to implement this
13system.
14    (b) Any person within this State who transfers or causes
15to be transferred any firearm, stun gun, or taser shall keep a
16record of such transfer for a period of 10 years from the date
17of transfer. Any person within this State who receives any
18firearm, stun gun, or taser pursuant to subsection (a-10)
19shall provide a record of the transfer within 10 days of the
20transfer to a federally licensed firearm dealer and shall not
21be required to maintain a transfer record. The federally
22licensed firearm dealer shall maintain the transfer record for
2320 years from the date of receipt. A federally licensed
24firearm dealer may charge a fee not to exceed $25 to retain the
25record. The record shall be provided and maintained in either
26an electronic or paper format. The federally licensed firearm

 

 

HB3795- 6 -LRB103 27351 RLC 53723 b

1dealer shall not be liable for the accuracy of any information
2in the transfer record submitted pursuant to this Section.
3Such records shall contain the date of the transfer; the
4description, serial number or other information identifying
5the firearm, stun gun, or taser if no serial number is
6available; and, if the transfer was completed within this
7State, the transferee's Firearm Owner's Identification Card
8number and any approval number or documentation provided by
9the Illinois State Police pursuant to subsection (a-10) of
10this Section; if the transfer was not completed within this
11State, the record shall contain the name and address of the
12transferee. On or after January 1, 2006, the record shall
13contain the date of application for transfer of the firearm.
14On demand of a peace officer such transferor shall produce for
15inspection such record of transfer. For any transfer pursuant
16to subsection (a-10) of this Section, on the demand of a peace
17officer, such transferee shall identify the federally licensed
18firearm dealer maintaining the transfer record. If the
19transfer or sale took place at a gun show, the record shall
20include the unique identification number. Failure to record
21the unique identification number or approval number is a petty
22offense. For transfers of a firearm, stun gun, or taser made on
23or after January 18, 2019 (the effective date of Public Act
24100-1178), failure by the private seller to maintain the
25transfer records in accordance with this Section, or failure
26by a transferee pursuant to subsection a-10 of this Section to

 

 

HB3795- 7 -LRB103 27351 RLC 53723 b

1identify the federally licensed firearm dealer maintaining the
2transfer record, is a Class A misdemeanor for the first
3offense and a Class 4 felony for a second or subsequent offense
4occurring within 10 years of the first offense and the second
5offense was committed after conviction of the first offense.
6Whenever any person who has not previously been convicted of
7any violation of subsection (a-5), the court may grant
8supervision pursuant to and consistent with the limitations of
9Section 5-6-1 of the Unified Code of Corrections. A transferee
10or transferor shall not be criminally liable under this
11Section provided that he or she provides the Illinois State
12Police with the transfer records in accordance with procedures
13established by the Illinois State Police. The Illinois State
14Police shall establish, by rule, a standard form on its
15website.
16    (b-5) Any resident may purchase ammunition from a person
17within or outside of Illinois if shipment is by United States
18mail or by a private express carrier authorized by federal law
19to ship ammunition. Any resident purchasing ammunition within
20or outside the State of Illinois must provide the seller with a
21copy of his or her valid Firearm Owner's Identification Card
22or valid concealed carry license and either his or her
23Illinois driver's license or Illinois State Identification
24Card prior to the shipment of the ammunition. The ammunition
25may be shipped only to an address on either of those 2
26documents.

 

 

HB3795- 8 -LRB103 27351 RLC 53723 b

1    (c) The provisions of this Section regarding the transfer
2of firearm ammunition shall not apply to those persons
3specified in paragraph (b) of Section 2 of this Act.
4(Source: P.A. 102-538, eff. 8-20-21; 102-813, eff. 5-13-22;
5102-1116, eff. 1-10-23.)
 
6    (Text of Section after amendment by P.A. 102-237)
7    Sec. 3. (a) Except as provided in Section 3a, no person may
8knowingly transfer, or cause to be transferred, any firearm,
9firearm ammunition, stun gun, or taser to any person within
10this State unless the transferee with whom he deals displays
11either: (1) a currently valid Firearm Owner's Identification
12Card which has previously been issued in his or her name by the
13Illinois State Police under the provisions of this Act; or (2)
14a currently valid license to carry a concealed firearm which
15has previously been issued in his or her name by the Illinois
16State Police under the Firearm Concealed Carry Act. In
17addition, all firearm, firearm ammunition, stun gun, and taser
18transfers by federally licensed firearm dealers are subject to
19Section 3.1.
20    (a-5) Any person who is not a federally licensed firearm
21dealer and who desires to transfer or sell a firearm while that
22person is on the grounds of a gun show must, before selling or
23transferring the firearm, request the Illinois State Police to
24conduct a background check on the prospective recipient of the
25firearm in accordance with Section 3.1.

 

 

HB3795- 9 -LRB103 27351 RLC 53723 b

1    (a-10) Notwithstanding item (2) of subsection (a) of this
2Section, any person who is not a federally licensed firearm
3dealer and who desires to transfer or sell any a firearm or
4sell firearm ammunition firearms to any person who is not a
5federally licensed firearm dealer shall, before selling or
6transferring the firearms or selling firearm ammunition,
7contact a federal firearm license dealer under paragraph (1)
8of subsection (a-15) of this Section to conduct the transfer
9or the Illinois State Police with the transferee's or
10purchaser's Firearm Owner's Identification Card number to
11determine the validity of the transferee's or purchaser's
12Firearm Owner's Identification Card under State and federal
13law, including the National Instant Criminal Background Check
14System. This subsection shall not be effective until July 1,
152023. Until that date the transferor shall contact the
16Illinois State Police with the transferee's or purchaser's
17Firearm Owner's Identification Card number to determine the
18validity of the card. The Illinois State Police may adopt
19rules concerning the implementation of this subsection. The
20Illinois State Police shall provide the seller or transferor
21an approval number if the purchaser's Firearm Owner's
22Identification Card is valid. Approvals issued by the Illinois
23State Police for the purchase of a firearm or firearm
24ammunition pursuant to this subsection are valid for 30 days
25from the date of issue.
26    (a-15) The provisions of subsection (a-10) of this Section

 

 

HB3795- 10 -LRB103 27351 RLC 53723 b

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

 

 

HB3795- 11 -LRB103 27351 RLC 53723 b

1    subsection (a-5) of this Section;
2        (5) the delivery of a firearm by its owner to a
3    gunsmith for service or repair, the return of the firearm
4    to its owner by the gunsmith, or the delivery of a firearm
5    by a gunsmith to a federally licensed firearms dealer for
6    service or repair and the return of the firearm to the
7    gunsmith;
8        (6) temporary transfers that occur while in the home
9    of the unlicensed transferee, if the unlicensed transferee
10    is not otherwise prohibited from possessing firearms and
11    the unlicensed transferee reasonably believes that
12    possession of the firearm is necessary to prevent imminent
13    death or great bodily harm to the unlicensed transferee;
14        (7) transfers to a law enforcement or corrections
15    agency or a law enforcement or corrections officer acting
16    within the course and scope of his or her official duties;
17        (8) transfers of firearms that have been rendered
18    permanently inoperable to a nonprofit historical society,
19    museum, or institutional collection; and
20        (9) transfers to a person who is exempt from the
21    requirement of possessing a Firearm Owner's Identification
22    Card under Section 2 of this Act.
23    (a-20) The Illinois State Police shall develop an
24Internet-based system for individuals to determine the
25validity of a Firearm Owner's Identification Card prior to the
26sale or transfer of a firearm or firearm ammunition. The

 

 

HB3795- 12 -LRB103 27351 RLC 53723 b

1Illinois State Police shall have the Internet-based system
2updated and available for use by January 1, 2024. The Illinois
3State Police shall adopt rules not inconsistent with this
4Section to implement this system; but no rule shall allow the
5Illinois State Police to retain records in contravention of
6State and federal law.
7    (a-25) On or before January 1, 2022, the Illinois State
8Police shall develop an Internet-based system upon which the
9serial numbers of firearms that have been reported stolen are
10available for public access for individuals to ensure any
11firearms are not reported stolen prior to the sale or transfer
12of a firearm under this Section. The Illinois State Police
13shall have the Internet-based system completed and available
14for use by July 1, 2022. The Illinois State Police shall adopt
15rules not inconsistent with this Section to implement this
16system.
17    (b) Any person within this State who transfers or causes
18to be transferred any firearm, firearm ammunition, stun gun,
19or taser shall keep a record of such transfer for a period of
2010 years from the date of transfer. Any person within this
21State who receives any firearm, firearm ammunition, stun gun,
22or taser pursuant to subsection (a-10) shall provide a record
23of the transfer within 10 days of the transfer to a federally
24licensed firearm dealer and shall not be required to maintain
25a transfer record. The federally licensed firearm dealer shall
26maintain the transfer record for 20 years from the date of

 

 

HB3795- 13 -LRB103 27351 RLC 53723 b

1receipt. A federally licensed firearm dealer may charge a fee
2not to exceed $25 to retain the record. The record shall be
3provided and maintained in either an electronic or paper
4format. The federally licensed firearm dealer shall not be
5liable for the accuracy of any information in the transfer
6record submitted pursuant to this Section. Such records shall
7contain the date of the transfer; the description, serial
8number or other information identifying the firearm, stun gun,
9or taser if no serial number is available; quantity and type of
10firearm ammunition transferred; and, if the transfer was
11completed within this State, the transferee's Firearm Owner's
12Identification Card number and any approval number or
13documentation provided by the Illinois State Police pursuant
14to subsection (a-10) of this Section; if the transfer was not
15completed within this State, the record shall contain the name
16and address of the transferee. On or after January 1, 2006, the
17record shall contain the date of application for transfer of
18the firearm or firearm ammunition. On demand of a peace
19officer such transferor shall produce for inspection such
20record of transfer. For any transfer pursuant to subsection
21(a-10) of this Section, on the demand of a peace officer, such
22transferee shall identify the federally licensed firearm
23dealer maintaining the transfer record. If the transfer or
24sale took place at a gun show, the record shall include the
25unique identification number. Failure to record the unique
26identification number or approval number is a petty offense.

 

 

HB3795- 14 -LRB103 27351 RLC 53723 b

1For transfers of a firearm, stun gun, or taser made on or after
2January 18, 2019 (the effective date of Public Act 100-1178),
3failure by the private seller to maintain the transfer records
4in accordance with this Section, or failure by a transferee
5pursuant to subsection a-10 of this Section to identify the
6federally licensed firearm dealer maintaining the transfer
7record, is a Class A misdemeanor for the first offense and a
8Class 4 felony for a second or subsequent offense occurring
9within 10 years of the first offense and the second offense was
10committed after conviction of the first offense. For transfers
11of firearm ammunition made on or after the effective date of
12this amendatory Act of the 103rd General Assembly, failure by
13the private seller to maintain the transfer records in
14accordance with this Section is a Class A misdemeanor for the
15first offense and a Class 4 felony for a second or subsequent
16offense occurring within 10 years of the first offense and the
17second offense was committed after conviction of the first
18offense. Whenever any person who has not previously been
19convicted of any violation of subsection (a-5), the court may
20grant supervision pursuant to and consistent with the
21limitations of Section 5-6-1 of the Unified Code of
22Corrections. A transferee or transferor shall not be
23criminally liable under this Section provided that he or she
24provides the Illinois State Police with the transfer records
25in accordance with procedures established by the Illinois
26State Police. The Illinois State Police shall establish, by

 

 

HB3795- 15 -LRB103 27351 RLC 53723 b

1rule, a standard form on its website.
2    (b-5) Any resident may purchase ammunition from a person
3within or outside of Illinois if shipment is by United States
4mail or by a private express carrier authorized by federal law
5to ship ammunition. Any resident purchasing ammunition within
6or outside the State of Illinois must provide the seller with a
7copy of his or her valid Firearm Owner's Identification Card
8or valid concealed carry license and either his or her
9Illinois driver's license or Illinois State Identification
10Card prior to the shipment of the ammunition. Prior to the
11shipment of the ammunition, Illinois sellers shall contact the
12Illinois State Police consistent with the requirements set
13forth in this Section. The ammunition may be shipped only to an
14address on either of those 2 documents.
15    (c) The provisions of this Section regarding the transfer
16of firearm ammunition shall not apply to those persons
17specified in paragraph (b) of Section 2 of this Act while
18engaging in activities listed in that subsection.
19(Source: P.A. 102-237, eff. 1-1-24; 102-538, eff. 8-20-21;
20102-813, eff. 5-13-22; 102-1116, eff. 1-10-23.)
 
21    (430 ILCS 65/3.1)  (from Ch. 38, par. 83-3.1)
22    Sec. 3.1. Firearm Transfer Inquiry Program.
23    (a) The Illinois State Police shall provide a dial up
24telephone system or utilize other existing technology which
25shall be used by any federally licensed firearm dealer, gun

 

 

HB3795- 16 -LRB103 27351 RLC 53723 b

1show promoter, or gun show vendor who is to transfer a firearm,
2firearm ammunition, stun gun, or taser under the provisions of
3this Act. The Illinois State Police may utilize existing
4technology which allows the caller to be charged a fee not to
5exceed $2. Fees collected by the Illinois State Police shall
6be deposited in the State Police Firearm Services Fund and
7used to provide the service.
8    (b) Upon receiving a request from a federally licensed
9firearm dealer, gun show promoter, or gun show vendor, the
10Illinois State Police shall immediately approve or, within the
11time period established by Section 24-3 of the Criminal Code
12of 2012 regarding the delivery of firearms, firearm
13ammunition, stun guns, and tasers, notify the inquiring
14dealer, gun show promoter, or gun show vendor of any objection
15that would disqualify the transferee from acquiring or
16possessing a firearm, firearm ammunition, stun gun, or taser.
17In conducting the inquiry, the Illinois State Police shall
18initiate and complete an automated search of its criminal
19history record information files and those of the Federal
20Bureau of Investigation, including the National Instant
21Criminal Background Check System, and of the files of the
22Department of Human Services relating to mental health and
23developmental disabilities to obtain any felony conviction or
24patient hospitalization information which would disqualify a
25person from obtaining or require revocation of a currently
26valid Firearm Owner's Identification Card.

 

 

HB3795- 17 -LRB103 27351 RLC 53723 b

1    (b-5) By January 1, 2023, the Illinois State Police shall
2by rule provide a process for the automatic renewal of the
3Firearm Owner's Identification Card of a person at the time of
4an inquiry in subsection (b). Persons eligible for this
5process must have a set of fingerprints on file with their
6applications under either subsection (a-25) of Section 4 or
7the Firearm Concealed Carry Act.
8    (c) If receipt of a firearm would not violate Section 24-3
9of the Criminal Code of 2012, federal law, or this Act, the
10Illinois State Police shall:
11        (1) assign a unique identification number to the
12    transfer; and
13        (2) provide the licensee, gun show promoter, or gun
14    show vendor with the number.
15    (d) Approvals issued by the Illinois State Police for the
16purchase of a firearm or firearm ammunition are valid for 30
17days from the date of issue.
18    (e) (1) The Illinois State Police must act as the Illinois
19Point of Contact for the National Instant Criminal Background
20Check System.
21    (2) The Illinois State Police and the Department of Human
22Services shall, in accordance with State and federal law
23regarding confidentiality, enter into a memorandum of
24understanding with the Federal Bureau of Investigation for the
25purpose of implementing the National Instant Criminal
26Background Check System in the State. The Illinois State

 

 

HB3795- 18 -LRB103 27351 RLC 53723 b

1Police shall report the name, date of birth, and physical
2description of any person prohibited from possessing a firearm
3pursuant to the Firearm Owners Identification Card Act or 18
4U.S.C. 922(g) and (n) to the National Instant Criminal
5Background Check System Index, Denied Persons Files.
6    (3) The Illinois State Police shall provide notice of the
7disqualification of a person under subsection (b) of this
8Section or the revocation of a person's Firearm Owner's
9Identification Card under Section 8 or Section 8.2 of this
10Act, and the reason for the disqualification or revocation, to
11all law enforcement agencies with jurisdiction to assist with
12the seizure of the person's Firearm Owner's Identification
13Card.
14    (f) The Illinois State Police shall adopt rules not
15inconsistent with this Section to implement this system.
16(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
17102-813, eff. 5-13-22.)
 
18    Section 95. No acceleration or delay. Where this Act makes
19changes in a statute that is represented in this Act by text
20that is not yet or no longer in effect (for example, a Section
21represented by multiple versions), the use of that text does
22not accelerate or delay the taking effect of (i) the changes
23made by this Act or (ii) provisions derived from any other
24Public Act.