Public Act 100-1178
 
SB0337 EnrolledLRB100 05120 SMS 15130 b

    AN ACT concerning regulation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
ARTICLE 1. COMBATING ILLEGAL GUN TRAFFICKING ACT

 
    Section 1-1. References to Act. This Act may be referred
to as the Combating Illegal Gun Trafficking Act.
 
ARTICLE 5. FIREARM DEALER LICENSE CERTIFICATION ACT

 
    Section 5-1. Short title. This Article 1 may be cited as
the Firearm Dealer License Certification Act. References in
this Article to "this Act" mean this Article.
 
    Section 5-5. Definitions. In this Act:
    "Certified licensee" means a licensee that has previously
certified its license with the Department under this Act.
    "Department" means the Department of State Police.
    "Director" means the Director of State Police.
    "Entity" means any person, firm, corporation, group of
individuals, or other legal entity.
    "Inventory" means firearms in the possession of an
individual or entity for the purpose of sale or transfer.
    "License" means a Federal Firearms License authorizing a
person or entity to engage in the business of dealing firearms.
    "Licensee" means a person, firm, corporation, or other
entity who has been given, and is currently in possession of, a
valid Federal Firearms License.
    "Retail location" means a store open to the public from
which a certified licensee engages in the business of selling,
transferring, or facilitating a sale or transfer of a firearm.
For purposes of this 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 5-10. Copy of Federal Firearms License filed with
the Department. Each licensee shall file with the Department a
copy of its license, together with a sworn affidavit indicating
that the license presented is in fact its license and that the
license is valid. The Department may by rule create a process
for checking the validity of the license, in lieu of requiring
an affidavit. Upon receipt and review by the Department, the
Department shall issue a certificate of license to the
licensee, allowing the licensee to conduct business within this
State. The Department shall issue an initial certificate of
license within 30 days of receipt of the copy of license and
sworn affidavit. If the Department does not issue the
certificate within 30 days, the licensee shall operate as if a
certificate has been granted unless and until a denial is
issued by the Department.
 
    Section 5-15. Certification requirement.
    (a) Beginning 180 days after the effective date of this
Act, it is unlawful for a person or entity to engage in the
business of selling, leasing, or otherwise transferring
firearms without a valid certificate of license issued under
this Act. In the event that a person or entity maintains
multiple licenses to engage in different lines of business
requiring different licenses at one location, then the licenses
shall be deemed one license for purposes of certification. In
the event that a person or entity maintains multiple licenses
to engage in business at multiple locations, under the same
business name on the license or a different business name on
the license, then each license and location must receive its
own certification.
    (b) It is unlawful for a person or entity without first
being a certified licensee under this Act to act as if he or
she is certified under this Act, to advertise, to assume to act
as a certified licensee or to use a title implying that the
person or entity is engaged in business as a certified licensee
without a license certified under this Act.
    (c) It is unlawful to obtain or attempt to obtain any
certificate of license under this Act by material misstatement
or fraudulent misrepresentation. Notwithstanding the
provisions of Section 5-85, in addition to any penalty imposed
under this Section, any certificate of license obtained under
this Act due to material misstatement or fraudulent
misrepresentation shall automatically be revoked.
    (d) A person who violates any provision of this Section is
guilty of a Class A misdemeanor for a first violation, and a
Class 4 felony for a second or subsequent violation.
    (e) In addition to any other penalty provided by law, any
person or entity who violates any provision of this Section
shall pay a civil penalty to the Department in an amount not to
exceed $10,000 for each offense, as determined by the
Department. The civil penalty shall be assessed by the
Department after a hearing is held in accordance with Sections
5-95 and 5-100.
    (f) The Department has the authority and power to
investigate any and all unlicensed activity requiring a license
certified under this Act.
    (g) The civil penalty shall be paid within 90 days after
the effective date of the order imposing the civil penalty. The
order shall constitute a judgment and may be filed and
execution had thereon in the same manner as any judgment from
any court of record.
    (h) In the event the certification of a certified licensee
is revoked, it shall be a violation of this Act for the revoked
licensee to seek certification of a license held under a
different business name, or to re-open as a certified licensee
under another business name using the same license or as the
same person or entity doing business under a different business
name.
    (i) The Department shall require all of the following
information from each applicant for certification under this
Act:
        (1) The name, full business address, and telephone
    number of the entity. The business address for the entity
    shall be the complete street address where firearms in the
    inventory of the entity are regularly stored, shall be
    located within the State, and may not be a Post Office Box.
        (2) All trade, business, or assumed names used by the
    certified licensee by and under which the certified
    licensee sells, transfers, or facilitates transfers of
    firearms.
        (3) The type of ownership or operation, such as a
    partnership, corporation, or sole proprietorship.
        (4) The name of the owner or operator of the
    dealership, including:
            (A) if a person, then the name and address of
        record of the person;
            (B) if a partnership, then the name and address of
        record of each partner and the name of the partnership;
            (C) if a corporation, then the name, address of
        record, and title of each corporate officer and each
        owner of more than 5% of the corporation, the corporate
        names by and which the certified licensee sells,
        transfers, or facilitates transfers of firearms, and
        the name of the state of incorporation; and
            (D) if a sole proprietorship, then the full name
        and address of record of the sole proprietor and the
        name of the business entity.
 
    Section 5-20. Additional licensee requirements.
    (a) A certified licensee shall make a photo copy of a
buyer's or transferee's valid photo identification card
whenever a firearm sale transaction takes place. The photo copy
shall be attached to the documentation detailing the record of
sale.
    (b) A certified licensee shall post in a conspicuous
position on the premises where the licensee conducts business a
sign that contains the following warning in block letters not
less than one inch in height:
        "With few exceptions enumerated in the Firearm Owners
    Identification Card Act, it is unlawful for you to:
            (A) store or leave an unsecured firearm in a place
        where a child can obtain access to it;
            (B) sell or transfer your firearm to someone else
        without receiving approval for the transfer from the
        Department of State Police, or
            (C) fail to report the loss or theft of your
        firearm to local law enforcement within 72 hours.".
This sign shall be created by the Department and made available
for printing or downloading from the Department's website.
    (c) No retail location established after the effective date
of this Act shall be located within 500 feet of any school,
pre-school, or day care facility in existence at its location
before the retail location is established as measured from 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.
 
    Section 5-25. Exemptions.
    The provisions of this Act related to the certification of
a license do not apply to a person or entity that engages in
the following activities:
        (1) temporary transfers of firearms solely for use at
    the location or on the premises where the transfer takes
    place, such as transfers at a shooting range for use at
    that location;
        (2) temporary transfers of firearms solely for use
    while in the presence of the transferor or transfers for
    the purposes of firearm safety training by a firearms
    safety training instructor;
        (3) transfers of firearms among immediate family or
    household members, as "immediate family or household
    member" is defined in Section 3-2.7-10 of the Unified Code
    of Corrections, provided that both the transferor and
    transferee have a currently valid Firearm Owner's
    Identification Card; however, this paragraph (3) does not
    limit the familial gift exemption under paragraph (2) of
    subsection (a-15) of Section 3 of the Firearm Owners
    Identification Card Act;
        (4) transfers by persons or entities acting under
    operation of law or a court order;
        (5) transfers by persons or entities liquidating all or
    part of a collection. For purposes of this paragraph (5),
    "collection" means 2 or more firearms which are of special
    interest to collectors by reason of some quality other than
    is associated with firearms intended for sporting use or as
    offensive or defensive weapons;
        (6) transfers of firearms that have been rendered
    permanently inoperable to a nonprofit historical society,
    museum, or institutional collection;
        (7) transfers by a law enforcement or corrections
    agency or a law enforcement or corrections officer acting
    within the course and scope of his or her official duties;
        (8) transfers to a State or local law enforcement
    agency by a person who has his or her Firearm Owner's
    Identification Card revoked;
        (9) transfers of curios and relics, as defined under
    federal law, between collectors licensed under subsection
    (b) of Section 923 of the federal Gun Control Act of 1968;
        (10) transfers by a person or entity licensed as an
    auctioneer under the Auction License Act; or
        (11) transfers between a pawnshop and a customer which
    amount to a bailment. For purposes of this paragraph (11),
    "bailment" means the act of placing property in the custody
    and control of another, by agreement in which the holder is
    responsible for the safekeeping and return of the property.
 
    Section 5-30. Training of certified licensees. Any
certified licensee and any employee of a certified licensee who
sells or transfers firearms shall receive at least 2 hours of
training annually regarding legal requirements and responsible
business practices as applicable to the sale or transfer or
firearms. The Department may adopt rules regarding continuing
education for certified licensees related to legal
requirements and responsible business practices regarding the
sale or transfer of firearms.
 
    Section 5-35. Inspection of licensees' places of business.
Licensees shall have their places of business open for
inspection by the Department and law enforcement during all
hours of operation involving the selling, leasing, or otherwise
transferring of firearms, provided that the Department or law
enforcement may conduct no more than one unannounced inspection
per business per year without good cause. During an inspection,
licensees shall make all records, documents, and firearms
accessible for inspection upon the request of the Department or
law enforcement agency.
 
    Section 5-40. Qualifications for operation.
    (a) Each certified licensee shall submit with each
application for certification or renewal an affidavit to the
Department stating that each owner, employee, or other agent of
the certified licensee who sells or conducts transfers of
firearms for the certified licensee is at least 21 years of
age, has a currently valid Firearm Owner's Identification Card
and, for a renewal, has completed the training required under
Section 5-30. The affidavit must also contain the name and
Firearm Owner's Identification Card number of each owner,
employee, or other agent who sells or conducts transfers of
firearms for the certified licensee. If an owner, employee, or
other agent of the certified licensee is not otherwise a
resident of this State, the certified licensee shall submit an
affidavit stating that the owner, employee, or other agent has
undergone a background check and is not prohibited from owning
or possessing firearms.
    (b) In addition to the affidavit required under subsection
(a), within 30 days of a new owner, employee, or other agent
beginning selling or conducting transfers of firearms for the
certified licensee, the certified licensee shall submit an
affidavit to the Department stating the date that the new
owner, employee, or other agent began selling or conducting
transfers of firearms for the certified licensee, and providing
the information required in subsection (a) for that new owner,
employee, or other agent.
    (c) If a certified licensee has a license, certificate, or
permit to sell, lease, transfer, purchase, or possess firearms
issued by the federal government or the government of any state
revoked or suspended for good cause within the preceding 4
years, the Department may consider revoking or suspending the
certified licenses in this State. In making a determination of
whether or not to revoke or suspend a certified license in this
State, the Department shall consider the number of retail
locations the certified licensee or any related person or
entity operates in this State or in other states under the same
or different business names, and the severity of the infraction
in the state in which a license was revoked or suspended.
    (d) Applications and affidavits required under this
Section are not subject to disclosure by the Department under
the Freedom of Information Act.
 
    Section 5-45. Issuance of subpoenas. The Department may
subpoena and bring before it any person or entity to take oral
or written testimony or may compel the production of any books,
papers, records, or any other documents that the Department
deems directly relevant or material to an investigation or
hearing conducted by the Department in the enforcement of this
Act, with the same fees and in the same manner prescribed in
civil cases in the courts of this State. The licensee may file
an emergency motion with the Director or a hearing officer
authorized by the Department to quash a subpoena issued by the
Department. If the Director or hearing officer determines that
the subpoena was issued without good cause, the Director or
hearing officer may quash the subpoena.
 
    Section 5-50. Security system.
    (a) On or before January 2, 2021, each certified licensee
operating a retail location in this State must maintain a video
security system and shall maintain video surveillance of
critical areas of the business premises, including, but not
limited to, all places where firearms in inventory are stored,
handled, sold, or transferred, and each entrance and exit. A
video surveillance system of the certified licensee's retail
location may not be installed in a bathroom and may not monitor
inside the bathrooms located in the retail location. If a video
security system is deemed inadequate by the Department, the
licensee shall have 30 days to correct the inadequacy. The
Department shall submit to the licensee a written statement
describing the specific inadequacies.
    (b) Each certified licensee operating a retail
establishment in this State must post a sign in a conspicuous
place at each entrance to the retail location that states in
block letters not less than one inch in height: "THESE PREMISES
ARE UNDER VIDEO SURVEILLANCE. YOUR IMAGE MAY BE RECORDED.".
This sign shall be created by the Department and available for
printing or downloading from the Department's website.
    (c) On or before January 2, 2020, each certified licensee
maintaining an inventory of firearms for sale or transfer must
be connected to an alarm monitoring system or service that will
notify its local law enforcement agency of an unauthorized
intrusion into the premises of the licensee where the firearm
inventory is maintained.
 
    Section 5-55. Safe storage by certified licensees. In
addition to adequate locks, exterior lighting, surveillance
cameras, alarm systems, and other anti-theft measures and
practices, a certified licensee maintaining a retail location
shall develop a plan that addresses the safe storage of
firearms and ammunition during retail hours and after closing.
The certified licensee shall submit its safe storage plan to
the Department and the plan shall be deemed approved unless it
is rejected by the Department. The Department may reject the
plan if it is inadequate, along with a written statement
describing the specific inadequacies. The certified licensee
shall submit a corrected plan to the Department within 60 days
of notice of an inadequate plan. In the event there are still
problems with the corrected plan, the Department shall note the
specific inadequacies in writing and the certified licensee
shall have 60 days from each notice of an inadequate plan to
submit a corrected plan. The Department may reject the
corrected plan if it is inadequate. A certified licensee may
operate at all times that a plan is on file with the
Department, and during times permitted by this Section to
prepare and submit corrected plans. That any certified licensee
has operated without an approved safe storage plan for more
than 60 days shall be grounds for revocation of a certificate
of license. The Department shall adopt rules regarding the
adequacy of a safe storage plan. The rules shall take into
account the various types and sizes of the entities involved,
and shall comply with all relevant State and federal laws. Safe
storage plans required under this Section are not subject to
disclosure by the Department under the Freedom of Information
Act.
 
    Section 5-60. Statewide compliance standards. The
Department shall develop and implement by rule statewide
training standards for assisting certified licensees in
recognizing indicators that would lead a reasonable dealer to
refuse sale of a firearm, including, but not limited to,
indicators of a straw purchase.
 
    Section 5-65. Electronic-based recordkeeping. On or before
January 2, 2020, each certified licensee operating a retail
location shall implement an electronic-based record system to
keep track of its changing inventory by updating the make,
model, caliber or gauge, and serial number of each firearm that
is received or sold by the certified licensee. Retail sales and
purchases shall be recorded within 24 hours of the transaction.
Shipments of firearms from manufacturers or wholesalers shall
be recorded upon the earlier of five business days or with 24
hours of the shipment being unpacked and the firearm placed in
inventory. 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 5-70. Fees and fines deposited in the Firearm
Dealer License Certification Fund. The Department shall set
and collect a fee for each licensee certifying under this Act.
The fee may not exceed $300 for a certified licensee operating
without a retail location. The fee may not exceed $1,500 for
any certified licensee operating with a retail location. The
Department may not charge a certified licensee in this State,
operating under the same or different business name, fees
exceeding $40,000 for the certification of multiple licenses.
All fees and fines collected under this Act shall be deposited
in the Firearm Dealer License Certification Fund which is
created in the State treasury. Moneys in the Fund shall be used
for implementation and administration of this Act.
 
    Section 5-75. Term of license. Each certification shall be
valid for the term of the license being certified. A licensee
shall certify each new or renewed license. However, the
Department is not required to renew a certification if a prior
certification has been revoked or suspended.
 
    Section 5-80. Retention of records. 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. All
video surveillance records, along with any sound recordings
obtained from them, shall be kept for a period of not less than
90 days.
 
    Section 5-85. Disciplinary sanctions.
    (a) For violations of this Act not penalized under Section
5-15, the Department may refuse to renew or restore, or may
reprimand, place on probation, suspend, revoke, or take other
disciplinary or non-disciplinary action against any licensee,
and may impose a fine commensurate with the severity of the
violation not to exceed $10,000 for each violation for any of
the following, consistent with the Protection of Lawful
Commerce in Arms Act, 15 U.S.C. 7901 through 7903:
        (1) Violations of this Act, or any law applicable to
    the sale or transfer of firearms.
        (2) A pattern of practice or other behavior which
    demonstrates incapacity or incompetency to practice under
    this Act.
        (3) Aiding or assisting another person in violating any
    provision of this Act or rules adopted under this Act.
        (4) Failing, within 60 days, to provide information in
    response to a written request made by the Department.
        (5) Conviction of, plea of guilty to, or plea of nolo
    contendere to any crime that disqualifies the person from
    obtaining a valid Firearm Owner's Identification Card.
        (6) Continued practice, although the person has become
    unfit to practice due to any of the following:
            (A) Any circumstance that disqualifies the person
        from obtaining a valid Firearm Owner's Identification
        Card or concealed carry license.
            (B) Habitual or excessive use or abuse of drugs
        defined in law as controlled substances, alcohol, or
        any other substance that results in the inability to
        practice with reasonable judgment, skill, or safety.
        (7) Receiving, directly or indirectly, compensation
    for any firearms sold or transferred illegally.
        (8) Discipline by another United States jurisdiction,
    foreign nation, or governmental agency, if at least one of
    the grounds for the discipline is the same or substantially
    equivalent to those set forth in this Act.
        (9) Violation of any disciplinary order imposed on a
    licensee by the Department.
        (10) A finding by the Department that the licensee,
    after having his or her certified license placed on
    probationary status, has violated the terms of probation.
        (11) A fraudulent or material misstatement in the
    completion of an affirmative obligation or inquiry by law
    enforcement.
    (b) All fines imposed under this Section shall be paid
within 90 days after the effective date of the final order
imposing the fine.
 
    Section 5-90. Statute of limitations. No action may be
taken under this Act against a person or entity certified under
this Act unless the action is commenced within 5 years after
the occurrence of the alleged violations. A continuing
violation shall be deemed to have occurred on the date when the
circumstances last existed that give rise to the alleged
violation.
 
    Section 5-95. Complaints; investigations; hearings.
    (a) The Department may investigate the actions of any
applicant or of any person or persons holding or claiming to
hold a license or registration under this Act.
    (b) The Department shall, before disciplining a licensee
under Section 5-85 or refusing to issue a certificate of
license, at least 30 days before the date set for the hearing,
(i) notify the accused in writing of the charges made and the
time and place for the hearing on the charges, (ii) direct him
or her to file a written answer to the charges under oath
within 20 days after service, and (iii) inform the licensee
that failure to answer will result in a default being entered
against the licensee.
    (c) At the time and place fixed in the notice, the Director
or the hearing officer appointed by the Director shall proceed
to hear the charges, and the parties or their counsel shall be
accorded ample opportunity to present any pertinent
statements, testimony, evidence, and arguments. The Director
or hearing officer may continue the hearing from time to time.
In case the person, after receiving the notice, fails to file
an answer, his, her, or its license may, in the discretion of
the Director, having first received the recommendation of the
Director, be suspended, revoked, or placed on probationary
status, or be subject to whatever disciplinary action the
Director considers proper, including limiting the scope,
nature, or extent of the person's business, or the imposition
of a fine, without hearing, if the act or acts charged
constitute sufficient grounds for that action under this Act.
    (d) The written notice and any notice in the subsequent
proceeding may be served by certified mail to the licensee's
address of record.
    (e) The Director has the authority to appoint any attorney
licensed to practice law in this State to serve as the hearing
officer in any action for refusal to issue, restore, or renew a
license, or to discipline a licensee. The hearing officer has
full authority to conduct the hearing.
 
    Section 5-100. Hearing; rehearing.
    (a) The Director or the hearing officer authorized by the
Department shall hear evidence in support of the formal charges
and evidence produced by the licensee. At the conclusion of the
hearing, the Director shall prepare a written report of his or
her findings of fact, conclusions of law, and recommendations.
The report shall contain a finding of whether the accused
person violated this Act or failed to comply with the
conditions required in this Act.
    (b) At the conclusion of the hearing, a copy of the
Director's or hearing officer's report shall be served upon the
licensee by the Department, either personally or as provided in
this Act, for the service of a notice of hearing. Within 20
calendar days after service, the licensee may present to the
Department a motion in writing for a rehearing, which shall
specify the particular grounds for rehearing. The Department
may respond to the motion for rehearing within 20 calendar days
after its service on the Department. If no motion for rehearing
is filed, then upon the expiration of the time specified for
filing such a motion, or upon denial of a motion for rehearing,
the Director may enter an order in accordance with his or her
recommendations or the recommendations of the hearing officer.
If the licensee orders from the reporting service and pays for
a transcript of the record within the time for filing a motion
for rehearing, the 20-day period within which a motion may be
filed shall commence upon the delivery of the transcript to the
licensee.
    (c) All proceedings under this Section are matters of
public record and shall be preserved.
    (d) The 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 an emergency
action.
    (e) Upon the suspension or revocation of a certificate of
license, the licensee shall surrender the certificate to the
Department and, upon failure to do so, the Department shall
seize the same. However, when the certification of a certified
licensee is suspended, the certified licensee shall not operate
as a certified licensee during the period in which the
certificate is suspended and, if operating during that period,
shall be operating in violation of subsection (a) of Section
5-15 of this Act. A person who violates this Section is guilty
of a Class A misdemeanor for a first violation, and a Class 4
felony for a second or subsequent violation. In addition to any
other penalty provided by law, any person or entity who
violates this Section shall pay a civil penalty to the
Department in an amount not to exceed $2,500 for the first
violation, and a fine not to exceed $5,000 for a second or
subsequent violation.
 
    Section 5-105. Restoration of certificate of license after
disciplinary proceedings. At any time after the successful
completion of a term of probation, suspension, or revocation of
a certificate of license, the Department may restore it to the
licensee, unless, after an investigation and a hearing, the
Director determines that restoration is not in the public
interest. No person or entity whose certificate of license,
card, or authority has been revoked as authorized in this Act
may apply for restoration of that certificate of license, card,
or authority until such time as provided for in the Civil
Administrative Code of Illinois.
 
    Section 5-110. Administrative review. All final
administrative decisions of the Department are subject to
judicial review under Article III of the Code of Civil
Procedure. The term "administrative decision" is defined as in
Section 3-101 of the Code of Civil Procedure. The proceedings
for judicial review shall be commenced in the circuit court of
the county in which the party applying for review resides, but
if the party is not a resident of this State, the venue shall
be in Sangamon County. The Department shall not be required to
certify any record to the court, or file any answer in court,
or otherwise appear in any court in a judicial review
proceeding, unless, and until, the Department has received from
the plaintiff payment of the costs of furnishing and certifying
the record, which costs shall be determined by the Department.
Exhibits shall be certified without cost. Failure on the part
of the applicant or licensee to file a receipt in court is
grounds for dismissal of the action.
 
    Section 5-115. Prima facie proof.
    (a) An order or a certified copy thereof, over the seal of
the Department and purporting to be signed by the Director, is
prima facie proof that the signature is that of the Director,
and the Director is qualified to act.
    (b) A certified copy of a record of the Department shall,
without further proof, be admitted into evidence in any legal
proceeding, and shall be prima facie correct and prima facie
evidence of the information contained therein.
 
    Section 5-120. Federal agencies and investigations.
Nothing in this Act shall be construed to interfere with any
federal agency or any federal agency investigation. All
Department rules adopted under this Act shall comply with
federal law. The Department may as necessary coordinate efforts
with relevant State and federal law enforcement agencies to
enforce this Act.
 
ARTICLE 10. GUN TRAFFICKING INFORMATION ACT

 
    Section 10-1. Short title. This Article 5 may be cited as
the Gun Trafficking Information Act. References in this Article
to "this Act" mean this Article.
 
    Section 10-5. Gun trafficking information.
    (a) The Department of State Police shall use all reasonable
efforts in making publicly available, on a regular and ongoing
basis, key information related to firearms used in the
commission of crimes in this State, including, but not limited
to: reports on crimes committed with firearms, locations where
the crimes occurred, the number of persons killed or injured in
the commission of the crimes, the state where the firearms used
originated, the Federal Firearms Licensee that sold the
firearm, and the type of firearms used. The Department shall
make the information available on its website, in addition to
electronically filing a report with the Governor and the
General Assembly. The report to the General Assembly shall be
filed with the Clerk of the House of Representatives and the
Secretary of the Senate in electronic form only, in the manner
that the Clerk and the Secretary shall direct.
    (b) The Department shall study, on a regular and ongoing
basis, and compile reports on the number of Firearm Owner's
Identification Card checks to determine firearms trafficking
or straw purchase patterns. The Department shall, to the extent
not inconsistent with law, share such reports and underlying
data with academic centers, foundations, and law enforcement
agencies studying firearms trafficking, provided that
personally identifying information is protected. For purposes
of this subsection (b), a Firearm Owner's Identification Card
number is not personally identifying information, provided
that no other personal information of the card holder is
attached to the record. The Department may create and attach an
alternate unique identifying number to each Firearm Owner's
Identification Card number, instead of releasing the Firearm
Owner's Identification Card number itself.
    (c) Each department, office, division, and agency of this
State shall, to the extent not inconsistent with law, cooperate
fully with the Department and furnish the Department with all
relevant information and assistance on a timely basis as is
necessary to accomplish the purpose of this Act. The Illinois
Criminal Justice Information Authority shall submit the
information required in subsection (a) of this Section to the
Department of State Police, and any other information as the
Department may request, to assist the Department in carrying
out its duties under this Act.
 
ARTICLE 15. AMENDATORY PROVISIONS

 
    Section 15-3. The State Finance Act is amended by adding
Section 5.886 as follows:
 
    (30 ILCS 105/5.886 new)
    Sec. 5.886. The Firearm Dealer License Certification Fund.
 
    Section 15-5. The Firearm Owners Identification Card Act is
amended by changing Section 3 as follows:
 
    (430 ILCS 65/3)  (from Ch. 38, par. 83-3)
    Sec. 3. (a) Except as provided in Section 3a, no person may
knowingly transfer, or cause to be transferred, any firearm,
firearm ammunition, stun gun, or taser to any person within
this State unless the transferee with whom he deals displays
either: (1) a currently valid Firearm Owner's Identification
Card which has previously been issued in his or her name by the
Department of State Police under the provisions of this Act; or
(2) a currently valid license to carry a concealed firearm
which has previously been issued in his or her name by the
Department of State Police under the Firearm Concealed Carry
Act. In addition, all firearm, stun gun, and taser transfers by
federally licensed firearm dealers are subject to Section 3.1.
    (a-5) Any person who is not a federally licensed firearm
dealer and who desires to transfer or sell a firearm while that
person is on the grounds of a gun show must, before selling or
transferring the firearm, request the Department of State
Police to conduct a background check on the prospective
recipient of the firearm in accordance with Section 3.1.
    (a-10) Notwithstanding item (2) of subsection (a) of this
Section, any person who is not a federally licensed firearm
dealer and who desires to transfer or sell a firearm or
firearms to any person who is not a federally licensed firearm
dealer shall, before selling or transferring the firearms,
contact the Department of State Police with the transferee's or
purchaser's Firearm Owner's Identification Card number to
determine the validity of the transferee's or purchaser's
Firearm Owner's Identification Card. This subsection shall not
be effective until January 1, 2014. The Department of State
Police may adopt rules concerning the implementation of this
subsection. The Department of State Police shall provide the
seller or transferor an approval number if the purchaser's
Firearm Owner's Identification Card is valid. Approvals issued
by the Department for the purchase of a firearm pursuant to
this subsection are valid for 30 days from the date of issue.
    (a-15) The provisions of subsection (a-10) of this Section
do not apply to:
        (1) transfers that occur at the place of business of a
    federally licensed firearm dealer, if the federally
    licensed firearm dealer conducts a background check on the
    prospective recipient of the firearm in accordance with
    Section 3.1 of this Act and follows all other applicable
    federal, State, and local laws as if he or she were the
    seller or transferor of the firearm, although the dealer is
    not required to accept the firearm into his or her
    inventory. The purchaser or transferee may be required by
    the federally licensed firearm dealer to pay a fee not to
    exceed $10 per firearm, which the dealer may retain as
    compensation for performing the functions required under
    this paragraph, plus the applicable fees authorized by
    Section 3.1;
        (2) transfers as a bona fide gift to the transferor's
    husband, wife, son, daughter, stepson, stepdaughter,
    father, mother, stepfather, stepmother, brother, sister,
    nephew, niece, uncle, aunt, grandfather, grandmother,
    grandson, granddaughter, father-in-law, mother-in-law,
    son-in-law, or daughter-in-law;
        (3) transfers by persons acting pursuant to operation
    of law or a court order;
        (4) transfers on the grounds of a gun show under
    subsection (a-5) of this Section;
        (5) the delivery of a firearm by its owner to a
    gunsmith for service or repair, the return of the firearm
    to its owner by the gunsmith, or the delivery of a firearm
    by a gunsmith to a federally licensed firearms dealer for
    service or repair and the return of the firearm to the
    gunsmith;
        (6) temporary transfers that occur while in the home of
    the unlicensed transferee, if the unlicensed transferee is
    not otherwise prohibited from possessing firearms and the
    unlicensed transferee reasonably believes that possession
    of the firearm is necessary to prevent imminent death or
    great bodily harm to the unlicensed transferee;
        (7) transfers to a law enforcement or corrections
    agency or a law enforcement or corrections officer acting
    within the course and scope of his or her official duties;
        (8) transfers of firearms that have been rendered
    permanently inoperable to a nonprofit historical society,
    museum, or institutional collection; and
        (9) transfers to a person who is exempt from the
    requirement of possessing a Firearm Owner's Identification
    Card under Section 2 of this Act.
    (a-20) The Department of State Police shall develop an
Internet-based system for individuals to determine the
validity of a Firearm Owner's Identification Card prior to the
sale or transfer of a firearm. The Department shall have the
Internet-based system completed and available for use by July
1, 2015. The Department shall adopt rules not inconsistent with
this Section to implement this system.
    (b) Any person within this State who transfers or causes to
be transferred any firearm, stun gun, or taser shall keep a
record of such transfer for a period of 10 years from the date
of transfer. Such record shall contain the date of the
transfer; the description, serial number or other information
identifying the firearm, stun gun, or taser if no serial number
is available; and, if the transfer was completed within this
State, the transferee's Firearm Owner's Identification Card
number and any approval number or documentation provided by the
Department of State Police pursuant to subsection (a-10) of
this Section; if the transfer was not completed within this
State, the record shall contain the name and address of the
transferee. On or after January 1, 2006, the record shall
contain the date of application for transfer of the firearm. On
demand of a peace officer such transferor shall produce for
inspection such record of transfer. If the transfer or sale
took place at a gun show, the record shall include the unique
identification number. Failure to record the unique
identification number or approval number is a petty offense.
For transfers of a firearm, stun gun, or taser made on or after
the effective date of this amendatory Act of the 100th General
Assembly, failure by the private seller to maintain the
transfer records in accordance with this Section is a Class A
misdemeanor for the first offense and a Class 4 felony for a
second or subsequent offense. A transferee shall not be
criminally liable under this Section provided that he or she
provides the Department of State Police with the transfer
records in accordance with procedures established by the
Department. The Department shall establish, by rule, a standard
form on its website.
    (b-5) Any resident may purchase ammunition from a person
within or outside of Illinois if shipment is by United States
mail or by a private express carrier authorized by federal law
to ship ammunition. Any resident purchasing ammunition within
or outside the State of Illinois must provide the seller with a
copy of his or her valid Firearm Owner's Identification Card or
valid concealed carry license and either his or her Illinois
driver's license or Illinois State Identification Card prior to
the shipment of the ammunition. The ammunition may be shipped
only to an address on either of those 2 documents.
    (c) The provisions of this Section regarding the transfer
of firearm ammunition shall not apply to those persons
specified in paragraph (b) of Section 2 of this Act.
(Source: P.A. 98-508, eff. 8-19-13; 99-29, eff. 7-10-15.)
 
ARTICLE 20. SEVERABILITY

 
    Section 20-97. Severability. The provisions of this Act are
severable under Section 1.31 of the Statute on Statutes.