Illinois General Assembly - Full Text of HB5380
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Full Text of HB5380  102nd General Assembly

HB5380 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB5380

 

Introduced 1/31/2022, by Rep. La Shawn K. Ford

 

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.


LRB102 25515 RLC 34804 b

 

 

A BILL FOR

 

HB5380LRB102 25515 RLC 34804 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, firearm ammunition, stun gun, and taser
19transfers by federally licensed firearm dealers are subject to
20Section 3.1.
21    (a-5) Any person who is not a federally licensed firearm
22dealer and who desires to transfer or sell a firearm while that
23person is on the grounds of a gun show must, before selling or

 

 

HB5380- 2 -LRB102 25515 RLC 34804 b

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

 

 

HB5380- 3 -LRB102 25515 RLC 34804 b

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

 

 

HB5380- 4 -LRB102 25515 RLC 34804 b

1    by a gunsmith to a federally licensed firearms dealer for
2    service or repair and the return of the firearm to the
3    gunsmith;
4        (6) temporary transfers that occur while in the home
5    of the unlicensed transferee, if the unlicensed transferee
6    is not otherwise prohibited from possessing firearms and
7    the unlicensed transferee reasonably believes that
8    possession of the firearm is necessary to prevent imminent
9    death or great bodily harm to the unlicensed transferee;
10        (7) transfers to a law enforcement or corrections
11    agency or a law enforcement or corrections officer acting
12    within the course and scope of his or her official duties;
13        (8) transfers of firearms that have been rendered
14    permanently inoperable to a nonprofit historical society,
15    museum, or institutional collection; and
16        (9) transfers to a person who is exempt from the
17    requirement of possessing a Firearm Owner's Identification
18    Card under Section 2 of this Act.
19    (a-20) The Illinois State Police shall develop an
20Internet-based system for individuals to determine the
21validity of a Firearm Owner's Identification Card prior to the
22sale or transfer of a firearm or firearm ammunition. The
23Illinois State Police Department shall have the Internet-based
24system completed and available for use by July 1, 2015. The
25Illinois State Police Department shall adopt rules not
26inconsistent with this Section to implement this system.

 

 

HB5380- 5 -LRB102 25515 RLC 34804 b

1    (b) Any person within this State who transfers or causes
2to be transferred any firearm, stun gun, or taser shall keep a
3record of such transfer for a period of 10 years from the date
4of transfer. Such record shall contain the date of the
5transfer; the description, serial number or other information
6identifying the firearm, stun gun, or taser if no serial
7number is available; quantity and type of firearm ammunition
8transferred; and, if the transfer was completed within this
9State, the transferee's Firearm Owner's Identification Card
10number and any approval number or documentation provided by
11the Illinois State Police pursuant to subsection (a-10) of
12this Section; if the transfer was not completed within this
13State, the record shall contain the name and address of the
14transferee. On or after January 1, 2006, the record shall
15contain the date of application for transfer of the firearm or
16firearm ammunition. On demand of a peace officer such
17transferor shall produce for inspection such record of
18transfer. If the transfer or sale took place at a gun show, the
19record shall include the unique identification number. Failure
20to record the unique identification number or approval number
21is a petty offense. For transfers of a firearm, stun gun, or
22taser made on or after January 18, 2019 (the effective date of
23Public Act 100-1178) this amendatory Act of the 100th General
24Assembly, failure by the private seller to maintain the
25transfer records in accordance with this Section is a Class A
26misdemeanor for the first offense and a Class 4 felony for a

 

 

HB5380- 6 -LRB102 25515 RLC 34804 b

1second or subsequent offense. For transfers of firearm
2ammunition made on or after the effective date of this
3amendatory Act of the 102nd General Assembly, failure by the
4private seller to maintain the transfer records in accordance
5with this Section is a Class A misdemeanor for the first
6offense and a Class 4 felony for a second or subsequent
7offense. A transferee shall not be criminally liable under
8this Section provided that he or she provides the Illinois
9State Police with the transfer records in accordance with
10procedures established by the Illinois State Police
11Department. The Illinois State Police Department shall
12establish, by rule, a standard form on its website.
13    (b-5) Any resident may purchase ammunition from a person
14within or outside of Illinois if shipment is by United States
15mail or by a private express carrier authorized by federal law
16to ship ammunition. Any resident purchasing ammunition within
17or outside the State of Illinois must provide the seller with a
18copy of his or her valid Firearm Owner's Identification Card
19or valid concealed carry license and either his or her
20Illinois driver's license or Illinois State Identification
21Card prior to the shipment of the ammunition. Prior to the
22shipment of the ammunition, Illinois sellers shall contact the
23Illinois State Police consistent with the requirements set
24forth in this Section. The ammunition may be shipped only to an
25address on either of those 2 documents.
26    (c) The provisions of this Section regarding the transfer

 

 

HB5380- 7 -LRB102 25515 RLC 34804 b

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

 

 

HB5380- 8 -LRB102 25515 RLC 34804 b

1Section, any person who is not a federally licensed firearm
2dealer and who desires to transfer or sell any a firearm or
3sell firearm ammunition firearms to any person who is not a
4federally licensed firearm dealer shall, before selling or
5transferring the firearms or selling firearm ammunition,
6contact a federal firearm license dealer under paragraph (1)
7of subsection (a-15) of this Section to conduct the transfer
8or the Illinois State Police with the transferee's or
9purchaser's Firearm Owner's Identification Card number to
10determine the validity of the transferee's or purchaser's
11Firearm Owner's Identification Card under State and federal
12law, including the National Instant Criminal Background Check
13System. This subsection shall not be effective until January
141, 2024. Until that date the transferor shall contact the
15Illinois State Police with the transferee's or purchaser's
16Firearm Owner's Identification Card number to determine the
17validity of the card. The Illinois State Police may adopt
18rules concerning the implementation of this subsection. The
19Illinois State Police shall provide the seller or transferor
20an approval number if the purchaser's Firearm Owner's
21Identification Card is valid. Approvals issued by the Illinois
22State Police Department for the purchase of a firearm or
23firearm ammunition pursuant to this subsection are valid for
2430 days from the date of issue.
25    (a-15) The provisions of subsection (a-10) of this Section
26do not apply to:

 

 

HB5380- 9 -LRB102 25515 RLC 34804 b

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

 

 

HB5380- 10 -LRB102 25515 RLC 34804 b

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

 

 

HB5380- 11 -LRB102 25515 RLC 34804 b

1system updated and available for use by January 1, 2024. The
2Illinois State Police shall adopt rules not inconsistent with
3this Section to implement this system; but no rule shall allow
4the Illinois State Police to retain records in contravention
5of State and federal law.
6    (a-25) On or before January 1, 2022, the Illinois State
7Police shall develop an Internet-based system upon which the
8serial numbers of firearms that have been reported stolen are
9available for public access for individuals to ensure any
10firearms are not reported stolen prior to the sale or transfer
11of a firearm under this Section. The Illinois State Police
12shall have the Internet-based system completed and available
13for use by July 1, 2022. The Illinois State Police Department
14shall adopt rules not inconsistent with this Section to
15implement this system.
16    (b) Any person within this State who transfers or causes
17to be transferred any firearm, stun gun, or taser shall keep a
18record of such transfer for a period of 10 years from the date
19of transfer. Any person within this State who receives any
20firearm, stun gun, or taser pursuant to subsection (a-10)
21shall provide a record of the transfer within 10 days of the
22transfer to a federally licensed firearm dealer and shall not
23be required to maintain a transfer record. The federally
24licensed firearm dealer shall maintain the transfer record for
2520 years from the date of receipt. A federally licensed
26firearm dealer may charge a fee not to exceed $25 to retain the

 

 

HB5380- 12 -LRB102 25515 RLC 34804 b

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

 

 

HB5380- 13 -LRB102 25515 RLC 34804 b

1January 18, 2019 (the effective date of Public Act 100-1178)
2this amendatory Act of the 100th General Assembly, failure by
3the private seller to maintain the transfer records in
4accordance 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 102nd 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 Department. The Illinois State Police Department

 

 

HB5380- 14 -LRB102 25515 RLC 34804 b

1shall establish, by rule, 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;
20revised 10-13-21.)
 
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

 

 

HB5380- 15 -LRB102 25515 RLC 34804 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
11the time period established by Section 24-3 of the Criminal
12Code of 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.

 

 

HB5380- 16 -LRB102 25515 RLC 34804 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 application under either subsection (a-25) of
7Section 4 or the 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

 

 

HB5380- 17 -LRB102 25515 RLC 34804 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;
17revised 10-13-21.)
 
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.