Illinois General Assembly - Full Text of HB1273
Illinois General Assembly

Previous General Assemblies

Full Text of HB1273  100th General Assembly



HB1273 EnrolledLRB100 03006 SMS 13011 b

1    AN ACT concerning regulation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. If and only if Senate Bill 1657 of the 100th
5General Assembly becomes law in the form in which it passed the
6Senate on April 27, 2017, then the Gun Dealer Licensing Act is
7amended by changing Sections 35, 70, and 150 as follows:
8    (100 SB1657eng, Sec. 35)
9    Sec. 35. Issuance of license; renewal; fees.
10    (a) The Department shall, upon the applicant's
11satisfactory completion of the requirements under this Act and
12receipt of the fee, issue the license indicating the name and
13business location of the licensee and the date of expiration.
14On or before December 31, 2019, the Department shall issue
15dealer and dealership licenses to all qualified applicants
16whose business existed in that location on the effective date
17of this Act, and who submitted the application to the
18Department on or after January 1, 2019 but before October 1,
192019. If an applicant submits an application for a license
20before October 1, 2019 and the Department does not issue or
21deny the license on or before December 31, 2019, or the
22Department does not issue or deny a license within 90 days to
23an applicant who submits an application for a license or



HB1273 Enrolled- 2 -LRB100 03006 SMS 13011 b

1renewal of a license on October 1, 2019 or thereafter, the
2applicant or licensee shall not be in violation of this Act on
3the basis of continuing to operate the business.
4    (b) The expiration date, renewal period, and conditions for
5renewal and restoration of each license shall be set by rule.
6The renewal period of each license shall be 5 years. The holder
7may renew the license during the 90 days preceding its
8expiration by paying the required fee and by meeting conditions
9that the Department may specify. As a condition of renewal of a
10dealer's license, the Department shall receive from the
11applicant a copy of his or her valid and unexpired concealed
12carry license, or shall verify the validity of the applicant's
13Firearm Owner's Identification Card through the Department of
14State Police in a manner prescribed by rule by the Department
15of State Police. A dealership or dealer operating on an expired
16license is considered to be practicing without a license.
17    (c) A dealership that has permitted a license to expire may
18have it restored by submitting an application to the
19Department, successfully completing an inspection by the
20Department, and by paying the required restoration fee and all
21lapsed renewal fees.
22    (d) A dealer that has permitted a license to expire may
23have it restored by submitting an application to the
24Department, paying the required restoration fee and all lapsed
25renewal fees and by providing evidence of competence to resume
26practice satisfactory to the Department and the Board, which



HB1273 Enrolled- 3 -LRB100 03006 SMS 13011 b

1shall include a copy of the license holder's valid and
2unexpired concealed carry license, or verification of the
3continued validity of the license holder's Firearm Owner's
4Identification Card through the Department of State Police in a
5manner prescribed by rule by the Department of State Police,
6and may include passing a written examination.
7    (e) Any dealer whose license has expired while he or she
8has been engaged (1) in the federal service in active duty with
9the Army of the United States, the United States Navy, the
10Marine Corps, the Air Force, the Coast Guard, or the State
11Militia called into the service or training of the United
12States of America, or (2) in training or education under the
13supervision of the United States preliminary to induction into
14the military service, may have his or her license restored
15without paying any lapsed renewal fees or restoration fee, if
16within 2 years after termination of that service, training or
17education, other than by dishonorable discharge, he or she
18furnishes the Department with an affidavit to the effect that
19he or she has been so engaged and that his or her service,
20training or education has been so terminated.
21    (f) A license shall not be denied any applicant because of
22the race, religion, creed, national origin, political beliefs
23or activities, age, sex, sexual orientation, or physical
24disability that does not affect a person's ability to practice
25with reasonable judgment, skill, or safety.
26(Source: 100SB1657eng.)



HB1273 Enrolled- 4 -LRB100 03006 SMS 13011 b

1    (100 SB1657eng, Sec. 70)
2    Sec. 70. Requirements; prohibitions.
3    (a) The Department of Financial and Professional
4Regulation shall implement the provisions of this Section by
6    (b) A licensee shall maintain operating documents which
7shall include procedures for the oversight of the licensee and
8procedures to ensure accurate recordkeeping.
9    (c) By the date of application, a licensee shall implement
10appropriate security measures, as provided by rule, to deter
11and prevent the theft of firearms and unauthorized entrance
12into areas containing firearms. The rules may provide for:
13        (1) the manner of securing firearms when the location
14    is both open and closed for business;
15        (2) alarm systems for licensees; and
16        (3) other reasonable requirements to deter illegal
17    sales and reduce the risk of burglaries and other crimes or
18    accidents at licensees' business establishments.
19    (d) Beginning January 1, 2021, if If a licensee operates
20the business at a permanent physical location that is open to
21the public, that location shall be equipped with a video
22surveillance system sufficient to monitor the critical areas of
23the business premises, including, but not limited to, all
24places where firearms are stored, handled, sold, transferred,
25or carried. A video surveillance system of the licensee's



HB1273 Enrolled- 5 -LRB100 03006 SMS 13011 b

1business premises may not be installed in a bathroom and may
2not monitor the bathrooms located in the business premises. The
3video surveillance system shall operate without interruption
4whenever the licensee is open for business. Whenever the
5licensee is not open for business, the system shall be
6triggered by a motion detector and begin recording immediately
7upon detection of any motion within the monitored area. The
8stored images shall be maintained on the business premises of
9the licensee for a period of not less than 90 days from the
10date of recording and shall only be available for inspection on
11the premises by the licensee, the licensee's dealership agents,
12the Department, or federal, State, and local law enforcement
13upon request, and neither the stored images, copies, records,
14or reproductions of the stored images shall leave the custody
15of the licensee except under a court order, subpoena, or search
16warrant. The licensee shall post a sign in a conspicuous place
17at each entrance to the premises that states in block letters
18not less than one inch in height:
21    (e) The area where the licensee stores firearms that are
22inventory of the licensee shall only be accessed by dealership
23agents, Department of Financial and Professional Regulation
24staff performing inspections, law enforcement or other
25emergency personnel, and contractors working on jobs unrelated
26to firearms, such as installing or maintaining security devices



HB1273 Enrolled- 6 -LRB100 03006 SMS 13011 b

1or performing electrical wiring.
2    (f) A licensee shall operate its business and conduct all
3sales and transfers of firearms in compliance with all federal
4and State laws, and maintain all records as required by federal
5and State laws.
6    (g) A licensee shall make a photo copy of a buyer's or
7transferee's valid photo I.D. card whenever a sale transaction
8takes place. The photo copy shall be attached to the
9documentation detailing the record of sale.
10    (h) A licensee shall post in a conspicuous position on the
11premises where the licensee conducts business a sign that
12contains the following warning in block letters not less than
13one inch in height:
14        "With few exceptions, it is unlawful for you to:
15            (1) store or leave an unsecured firearm in a place
16        where a child can obtain access to it,
17            (2) sell or transfer your firearm to someone else
18        without receiving approval for the transfer from the
19        Department of State Police, or
20            (3) fail to report the loss or theft of your
21        firearm to local law enforcement within 72 hours."
22    A licensee shall post any additional warnings or provide
23any other information regarding firearms laws and the safe
24storage of firearms to consumers as required by the Department
25by rule.
26    (i) Before issuance, renewal, or restoration of a



HB1273 Enrolled- 7 -LRB100 03006 SMS 13011 b

1dealership license, the Department shall inspect the premises
2of the proposed business to ensure compliance with this Act.
3Licensees shall have their places of business open for
4inspection by the Department and law enforcement during all
5hours of operation, provided that the Department may conduct no
6more than one unannounced inspection per dealer or dealership
7per year without good cause. Licensees shall make all records,
8documents, and firearms accessible for inspection upon the
9request of law enforcement and the Department.
10    (j) The premises where the licensee conducts business shall
11not be located in any district or area that is within 500 feet
12of any school, pre-school, or day-care facility. This
13subsection (j) does not apply to a licensee whose business
14existed in that location on the effective date of this Act, and
15does not limit the authority of a local government to impose
16and enforce additional limits on the location of a business
17regulated under this Act.
18(Source: 100SB1657eng.)
19    (100SB1657eng, Sec. 150)
20    Sec. 150. Fees; deposit of fees and fines. The Department
21shall by rule provide for fees for the administration and
22enforcement of this Act, and those fees are nonrefundable. An
23application fee or renewal fee for a dealership license or a
24dealer license shall not exceed $1,000 for the 5-year period.
25All of the fees, penalties, and fines collected under this Act



HB1273 Enrolled- 8 -LRB100 03006 SMS 13011 b

1shall be deposited into the General Professions Dedicated Fund
2and shall be appropriated to the Department for the ordinary
3and contingent expenses of the Department in the administration
4and enforcement of this Act.
5(Source: 100SB1657eng.)
6    Section 99. Effective date. This Act takes effect upon
7Senate Bill 1657 of the 100th General Assembly becoming law.