093_HB2532eng

HB2532 Engrossed                     LRB093 02433 LCB 02441 b

 1        AN ACT in relation to firearms.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  1.  Short  title.   This Act may be cited as the
 5    Firearms Dealer Licensing Act.

 6        Section 5.  Definitions.  As used in this Act:
 7        "Department" means the Department of State Police.
 8        "Firearms dealer" means any person who is: (i) engaged in
 9    the business of selling firearms at wholesale or retail, (ii)
10    engaged in the business of repairing firearms or of making or
11    fitting special barrels, stocks,  or  trigger  mechanisms  to
12    firearms,  or (iii) a pawnbroker whose business or occupation
13    includes the taking or receiving, by way of pledge  or  pawn,
14    of  any  firearm  as security for the payment or repayment of
15    money.
16        "Licensed  dealer"  means  any  firearms  dealer  who  is
17    licensed under both this Act and Section 923 of  the  federal
18    Gun Control Act of 1968 (18 U.S.C. 923).
19        "Person" means an individual, firm, association, society,
20    partnership, limited liability company, corporation, or other
21    entity.
22        "Crime  punishable  by  imprisonment for a term exceeding
23    one year" does not include:
24             (i) any federal  or  state  offenses  pertaining  to
25        antitrust  violations, unfair trade practices, restraints
26        of trade, or  other  similar  offenses  relating  to  the
27        regulation of business practices, or
28             (ii) any state offense classified by the laws of the
29        state  as  a  misdemeanor  and  punishable  by  a term of
30        imprisonment of 2 years or less.
31        What constitutes a conviction of a  crime  punishable  by
 
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 1    imprisonment  for  a term exceeding one year is determined in
 2    accordance with the law of  the  jurisdiction  in  which  the
 3    proceedings   were   held.   Any  conviction  that  has  been
 4    expunged, set aside, or for which a person has been  pardoned
 5    or  has  had  civil  rights  restored may not be considered a
 6    conviction for  purposes  of  this  Act  unless  the  pardon,
 7    expungement,   or   restoration  of  civil  rights  expressly
 8    provides that the person may not possess or receive firearms.
 9        "Engaged in the business"  means  a  person  who  devotes
10    time,  attention,  and labor to engaging in the activity as a
11    regular course  of  trade  or  business  with  the  principal
12    objective  of  livelihood  and profit, but does not include a
13    person who makes  occasional  repairs  of  firearms,  or  who
14    occasionally   fits   special  barrels,  stocks,  or  trigger
15    mechanisms to firearms.
16        "Transfer" means the actual or attempted  transfer  of  a
17    firearm or firearm ammunition, with or without consideration,
18    but does not include the lease of a firearm, or the provision
19    of  ammunition  specifically for that firearm, if the firearm
20    and the ammunition are to be used on the  lessor's  premises,
21    and  does  not  include  any  transfer of possession when the
22    transferor maintains supervision and control over the firearm
23    or ammunition.
24        "With the principal objective of livelihood  and  profit"
25    means  that  the intent underlying the sale or disposition of
26    firearms is predominantly one  of  obtaining  livelihood  and
27    pecuniary   gain,  as  opposed  to  other  intents,  such  as
28    improving or  liquidating  a  personal  firearms  collection;
29    however, proof of profit shall not be required as to a person
30    who  engages  in  the  regular  and  repetitive  purchase and
31    disposition of firearms for criminal purposes or terrorism.
32        "Terrorism" means activity directed against United States
33    residents that:
34             (i) is committed by  an  individual  who  is  not  a
 
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 1        national  or  permanent  resident  alien  of  the  United
 2        States;
 3             (ii)  involves  violent  acts  or  acts dangerous to
 4        human  life  that  would  be  a  criminal  violation   if
 5        committed  within  the jurisdiction of the United States;
 6        and
 7             (iii) is intended:
 8                  (A)  to  intimidate  or   coerce   a   civilian
 9             population;
10                  (B)  to influence the policy of a government by
11             intimidation or coercion; or
12                  (C) to affect the conduct of  a  government  by
13             assassination or kidnapping.
14        "Indictment" includes an indictment or information in any
15    court  under  which  a crime punishable by imprisonment for a
16    term exceeding one year may be prosecuted.
17        "Fugitive from justice" means a person who has fled  from
18    any state to avoid prosecution for a crime or to avoid giving
19    testimony in any criminal proceeding.
20        "Firearm"  has  the meaning ascribed to it in Section 1.1
21    of the Firearm Owners Identification Card Act.
22        "Adjudicated as a disabled person" means adjudicated as a
23    disabled person under the Probate Act of 1975 or the laws  of
24    another state.
25        "Cannabis" has the meaning ascribed to it in the Cannabis
26    Control Act.
27        "Controlled  substance" has the meaning ascribed to it in
28    the Illinois Controlled Substances Act.

29        Section 10.  Unlicensed firearms dealer; prohibition.  No
30    person may sell or otherwise transfer, or expose for sale  or
31    transfer,  or  have  in  his or her possession with intent to
32    sell or transfer any firearm  without  being  licensed  under
33    this  Act.   This  prohibition does not apply to a person who
 
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 1    makes occasional sales, exchanges, or purchases  of  firearms
 2    for the enhancement of a personal collection or as a hobby or
 3    who  sells  all  or part of his or her personal collection of
 4    firearms.

 5        Section 15.  License application; requirements; penalty.
 6        (a) The Department may grant a firearms dealer license to
 7    an applicant who submits evidence that:
 8             (1) he or she is at least 21 years of age;
 9             (2)  he  or  she,  including  in  the  case   of   a
10        corporation,  partnership,  or association, an individual
11        possessing, directly or indirectly, the power  to  direct
12        or  cause the direction of the management and policies of
13        the corporation, partnership, or association:
14                  (i) has not been convicted of and is not  under
15             indictment  for  a  crime punishable by imprisonment
16             for a term exceeding one year;
17                  (ii) is not a fugitive from justice;
18                  (iii) is not and has not been an unlawful  user
19             of   or   addicted  to  a  controlled  substance  or
20             cannabis;
21                  (iv) has not been  adjudicated  as  a  disabled
22             person or committed to a mental institution;
23                  (v)  is  not an alien, illegally or unlawfully,
24             in the United States;
25                  (vi)  has not been discharged  from  the  Armed
26             Forces under dishonorable conditions; or
27                  (vii)   is  not  a former citizen of the United
28             States who has renounced his or her citizenship; and
29             (3)  he or she does not have a mental condition that
30        poses a  clear  and  present  danger  to  the  applicant,
31        another  person,  or  to  the community.  For purposes of
32        this subdivision (3), "mental condition" means a state of
33        mind manifested by  violent,  suicidal,  threatening,  or
 
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 1        assaultive behavior.
 2        (b)  An application for a firearms dealer license must be
 3    made on forms furnished by the Department.   The  application
 4    must  be  verified  by  the  applicant under oath and must be
 5    accompanied by the required fee.
 6        (c) The applicant must submit to the Department a license
 7    fee of $300, payable at  the  time  of  application,  and  an
 8    additional  $300 payable every 3 years thereafter for so long
 9    as the license is in effect.
10        (d)  The  applicant  must  submit  to  fingerprinting  in
11    accordance with rules adopted by the Department and must  pay
12    a  fingerprint  processing  fee  in  the  amount  set  by the
13    Department by rule.
14        (e) A person who knowingly makes  a  false  statement  or
15    knowingly  conceals a material fact or uses false information
16    or identification in any application for a license under this
17    Act commits a Class A misdemeanor.
18        (f) A license granted under this Act  remains  in  effect
19    until it is revoked, suspended, or otherwise withdrawn by the
20    Department or until it is surrendered by the licensee.
21        (g)   The  provisions  of  subdivision  (a)(2)(ii) do not
22    apply  to  a  person  who  has  been  granted   relief   from
23    disabilities  under subsection (c) of Section 925 of Title 18
24    of the United States Code or to  a  licensed  dealer  who  is
25    indicted  for  a  crime  who  is  operating under an existing
26    license if, before the expiration of the term of the existing
27    license, timely application is made for a new license  during
28    the term of the indictment and until any conviction under the
29    indictment becomes final.

30        Section  20.  License retention; requirements.  A license
31    granted under this Act is subject to  all  of  the  following
32    requirements:
33        (1)   A  licensed dealer may only transact business under
 
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 1    this Act at an address that has a zoning classification  that
 2    permits the operation of a retail establishment.
 3        (2)  A  licensed  dealer may not transact business in any
 4    place other  than  the  premises  specified  in  his  or  her
 5    license,  except that a licensed dealer may display, sell, or
 6    transfer firearms at a gun show open to the general public or
 7    at any regular meeting of an incorporated collectors club  in
 8    accordance with this Act and federal law.
 9        (3)  A  licensed  dealer may not violate any provision of
10    any federal or state law pertaining to the  possession,  use,
11    sale, or delivery of firearms.
12        (4)  The  licensed  dealer  must  strictly  adhere to the
13    provisions of all applicable federal and state laws and local
14    ordinances and local business license requirements.
15        (5) A separate license must be obtained for each separate
16    place of business.  Before a licensed dealer moves his or her
17    place of business, he or  she  must  promptly  apply  to  the
18    Department for an amended license.
19        (6)  The  license,  or a copy of the license certified by
20    the Department, must  be  displayed  on  the  premises  at  a
21    location where it can easily be read.
22        (7)  No  firearm  may be displayed in any outer window of
23    the premises or in any other place where it  can  readily  be
24    seen from the outside.
25        (8)  Every firearm must be unloaded when delivered.
26        (9)    The   licensee   must   obtain  a  certificate  of
27    registration issued under the Retailers' Occupation Tax Act.
28        (10)  The licensee must take  reasonable  precautions  to
29    ensure  that the firearms the licensee sells will not be used
30    illegally.  These precautions include, but  are  not  limited
31    to:   (i)  the  refusal  to  sell  a  firearm to a person the
32    licensee knows or  has  reason  to  know  is  purchasing  the
33    firearm  on  behalf  of  another person who could not legally
34    purchase the firearm; (ii) the refusal to sell a firearm to a
 
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 1    person who has provided a home address in a  municipality  or
 2    county in which possession of that type of firearm is illegal
 3    unless   the   transferee  presents  reasonably  satisfactory
 4    evidence that the firearm  will  not  be  used  or  possessed
 5    unlawfully  in  that  municipality  or  county; and (iii) the
 6    refusal to sell a firearm to a person who has provided a home
 7    address  in  a   municipality   or   county   that   requires
 8    registration  of  the  firearm, unless the purchaser presents
 9    satisfactory evidence of  compliance  with  the  registration
10    requirement.
11        (11)   The  licensee  must  make available the licensee's
12    records to any officer or employee of the  Department  or  of
13    any  unit  of  local  government  in  this State whenever the
14    officer  or  employee  is  authorized  to  enforce  laws   or
15    ordinances pertaining to firearms.

16        Section  25.  Enforcement;  revocation; notice.  This Act
17    must be enforced by the Department, and may be enforced,  for
18    the  purpose  of determining compliance with this Act, by any
19    municipality in which the licensee  is  located  or,  if  the
20    licensee  is  not located in a municipality, by the county in
21    which the licensee is located.   The  Department,  after  due
22    notice  to  the  licensee  and reasonable opportunity for the
23    licensee to be heard, may revoke a license or may  suspend  a
24    license  for  a  period  of time that the Department may deem
25    proper upon satisfactory proof that the licensee has violated
26    or permitted a violation of any requirement of this Act or is
27    no longer eligible to obtain a license under Section  15.   A
28    person  whose  license  has been revoked by the Department is
29    disqualified to receive a license  for  10  years  after  the
30    revocation.  Any person who has substantially participated in
31    the  operation  or  management of a licensee that has had its
32    license revoked may not be employed by or participate in  the
33    business  of  any  other  licensee  for  10  years  after the
 
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 1    revocation.  Proceedings for revocation or  suspension  under
 2    this  Section  may  be  initiated  by  the Department or by a
 3    municipality or county.

 4        Section 30.  Submission to Department.  A licensed dealer
 5    must, within 24 hours after making a sale or  transfer  of  a
 6    firearm  to  a person who is not licensed as a dealer, report
 7    that sale to the Department of State Police.  The report must
 8    contain the following information: the date of  the  sale  or
 9    transfer;  the  identity and address of the dealer; the name,
10    address, age, and occupation of the transferee; the price  of
11    the  firearm;  and  the  kind,  description and number of the
12    firearm.  All records of the reports must  be  maintained  by
13    the Department on a computer database capable of allowing the
14    retrieval of information for each dealer and each transferee.
15    The  computer  database  must  also contain a listing of each
16    county or municipality that prohibits one or  more  types  of
17    firearm,   and  the  type  or  types  of  firearms  that  are
18    prohibited in that county or municipality.    Information  in
19    the  database  must  be made available to any law enforcement
20    agency responsible for the enforcement of any federal,  State
21    or  local  law  or ordinance relating to firearms, and to any
22    licensed dealer who requests information relating to a person
23    who is seeking to purchase one or  more  firearms  from  that
24    dealer.  Except  as  specifically  provided  in this Section,
25    information in the database are confidential records  of  the
26    Department  and are not subject to disclosure under any other
27    law.
28        In addition to any other requirements  of  this  Section,
29    any  licensee  who  was  required by Section 3 of the Firearm
30    Owners Identification Card Act to keep a record of a transfer
31    of a firearm occurring within the 24 month period immediately
32    preceding the effective date of this Act must, no later  than
33    30  days after that effective date, report those transfers to
 
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 1    the Department of State Police.  The report must contain  the
 2    information  required  to  be  maintained  as  records  under
 3    subsection   (b)   of   Section   3  of  the  Firearm  Owners
 4    Identification Card Act.  The  Department  must  include  the
 5    records of those reports in the computer database required to
 6    be maintained under this Section.

 7        Section  35.  Penalty.  Any firearms dealer who sells, or
 8    who possesses with intent to sell, trade,  or  transfer,  any
 9    firearm  without being licensed under this Act is guilty of a
10    Class 4 felony.