99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB1405

Introduced , by Rep. Kelly M. Cassidy

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 a person who is not a federally licensed importer, manufacturer, or dealer and who desires to sell or transfer a firearm of a size that may be concealed upon the person to another person, who is not a federally licensed importer, manufacturer, or dealer, shall do so only at the place of business of a federally licensed firearm dealer. Provides that the federally licensed firearm dealer shall conduct a background check on the prospective recipient of the firearm and follow all other applicable federal, State, and local laws as if he or she were the seller of the firearm. Provides that the purchaser or transferee may be required by the federally licensed firearm dealer to pay a fee not to exceed $10 per firearm, plus other authorized fees. Makes exceptions for (i) the transfer of a firearm between spouses, a parent and child, or other family members, (ii) transfers by persons acting pursuant to operation of law or a court order, or (iii) transfers on the grounds of a gun show. Provides that the Department of State Police shall develop an Internet based system for individuals to request the Department of State Police to conduct an instant criminal background check prior to the sale or transfer of a handgun. Provides that the Department of State Police shall have the system completed and available for use by July 1, 2016.
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FISCAL NOTE ACT MAY APPLY

A BILL FOR

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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 Sec. 3. (a) Except as provided in Section 3a, no person may
8knowingly transfer, or cause to be transferred, any firearm,
9firearm ammunition, stun gun, or taser to any person within
10this State unless the transferee with whom he deals displays a
11currently valid Firearm Owner's Identification Card which has
12previously been issued in his name by the Department of State
13Police under the provisions of this Act. In addition, all
14firearm, stun gun, and taser transfers by federally licensed
15firearm dealers are subject to Section 3.1.
16 (a-5) Any person who is not a federally licensed firearm
17dealer and who desires to transfer or sell a firearm while that
18person is on the grounds of a gun show must, before selling or
19transferring the firearm, request the Department of State
20Police to conduct a background check on the prospective
21recipient of the firearm in accordance with Section 3.1.
22 (a-10) Any person who is not a federally licensed firearm
23dealer and who desires to transfer or sell a firearm or

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1firearms to any person who is not a federally licensed firearm
2dealer shall, before selling or transferring the firearms,
3contact the Department of State Police with the transferee's or
4purchaser's Firearm Owner's Identification Card number to
5determine the validity of the transferee's or purchaser's
6Firearm Owner's Identification Card. This subsection shall not
7be effective until January 1, 2014. The Department of State
8Police may adopt rules concerning the implementation of this
9subsection. The Department of State Police shall provide the
10seller or transferor an approval number if the purchaser's
11Firearm Owner's Identification Card is valid. Approvals issued
12by the Department for the purchase of a firearm pursuant to
13this subsection are valid for 30 days from the date of issue.
14 (a-15) The provisions of subsection (a-10) of this Section
15do not apply to:
16 (1) transfers that occur at the place of business of a
17 federally licensed firearm dealer, if the federally
18 licensed firearm dealer conducts a background check on the
19 prospective recipient of the firearm in accordance with
20 Section 3.1 of this Act and follows all other applicable
21 federal, State, and local laws as if he or she were the
22 seller or transferor of the firearm, although the dealer is
23 not required to accept the firearm into his or her
24 inventory. The purchaser or transferee may be required by
25 the federally licensed firearm dealer to pay a fee not to
26 exceed $10 per firearm, which the dealer may retain as

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1 compensation for performing the functions required under
2 this paragraph, plus the applicable fees authorized by
3 Section 3.1;
4 (2) transfers as a bona fide gift to the transferor's
5 husband, wife, son, daughter, stepson, stepdaughter,
6 father, mother, stepfather, stepmother, brother, sister,
7 nephew, niece, uncle, aunt, grandfather, grandmother,
8 grandson, granddaughter, father-in-law, mother-in-law,
9 son-in-law, or daughter-in-law;
10 (3) transfers by persons acting pursuant to operation
11 of law or a court order;
12 (4) transfers on the grounds of a gun show under
13 subsection (a-5) of this Section;
14 (5) the delivery of a firearm by its owner to a
15 gunsmith for service or repair, the return of the firearm
16 to its owner by the gunsmith, or the delivery of a firearm
17 by a gunsmith to a federally licensed firearms dealer for
18 service or repair and the return of the firearm to the
19 gunsmith;
20 (6) temporary transfers that occur while in the home of
21 the unlicensed transferee, if the unlicensed transferee is
22 not otherwise prohibited from possessing firearms and the
23 unlicensed transferee reasonably believes that possession
24 of the firearm is necessary to prevent imminent death or
25 great bodily harm to the unlicensed transferee;
26 (7) transfers to a law enforcement or corrections

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1 agency or a law enforcement or corrections officer acting
2 within the course and scope of his or her official duties;
3 (8) transfers of firearms that have been rendered
4 permanently inoperable to a nonprofit historical society,
5 museum, or institutional collection; and
6 (9) transfers to a person who is exempt from the
7 requirement of possessing a Firearm Owner's Identification
8 Card under Section 2 of this Act.
9 (a-20) The Department of State Police shall develop an
10Internet-based system for individuals to determine the
11validity of a Firearm Owner's Identification Card prior to the
12sale or transfer of a firearm. The Department shall have the
13Internet-based system completed and available for use by July
141, 2015. The Department shall adopt rules not inconsistent with
15this Section to implement this system.
16 (a-25) Any person who is not a federally licensed importer,
17manufacturer, or dealer and who desires to sell or transfer a
18firearm of a size that may be concealed upon the person to
19another person, who is not a federally licensed importer,
20manufacturer, or dealer, shall do so only at the place of
21business of a federally licensed firearm dealer. The federally
22licensed firearm dealer shall conduct a background check on the
23prospective recipient of the firearm in accordance with Section
243.1 of this Act and follow all other applicable federal, State,
25and local laws as if he or she were the seller of the firearm.
26The purchaser or transferee may be required by the federally

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1licensed firearm dealer to pay a fee not to exceed $10 per
2firearm, which the dealer may retain as compensation for
3performing the functions required under this subsection, plus
4the applicable fees authorized by Section 3.1.
5 The provisions of this subsection (a-25) do not apply to:
6 (1) transfers to the transferor's husband, wife, son,
7 daughter, stepson, stepdaughter, father, mother,
8 stepfather, stepmother, brother, sister, nephew, niece,
9 uncle, aunt, grandfather, grandmother, grandson,
10 granddaughter, father-in-law, mother-in-law, son-in-law or
11 daughter-in-law;
12 (2) transfers by persons acting pursuant to operation
13 of law or a court order; or
14 (3) transfers on the grounds of a gun show.
15 (b) Any person within this State who transfers or causes to
16be transferred any firearm, stun gun, or taser shall keep a
17record of such transfer for a period of 10 years from the date
18of transfer. Such record shall contain the date of the
19transfer; the description, serial number or other information
20identifying the firearm, stun gun, or taser if no serial number
21is available; and, if the transfer was completed within this
22State, the transferee's Firearm Owner's Identification Card
23number and any approval number or documentation provided by the
24Department of State Police pursuant to subsection (a-10) of
25this Section. On or after January 1, 2006, the record shall
26contain the date of application for transfer of the firearm. On

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1demand of a peace officer such transferor shall produce for
2inspection such record of transfer. If the transfer or sale
3took place at a gun show, the record shall include the unique
4identification number. Failure to record the unique
5identification number or approval number is a petty offense.
6 (b-5) Any resident may purchase ammunition from a person
7within or outside of Illinois if shipment is by United States
8mail or by a private express carrier authorized by federal law
9to ship ammunition. Any resident purchasing ammunition within
10or outside the State of Illinois must provide the seller with a
11copy of his or her valid Firearm Owner's Identification Card
12and either his or her Illinois driver's license or Illinois
13State Identification Card prior to the shipment of the
14ammunition. The ammunition may be shipped only to an address on
15either of those 2 documents.
16 (c) The provisions of this Section regarding the transfer
17of firearm ammunition shall not apply to those persons
18specified in paragraph (b) of Section 2 of this Act.
19(Source: P.A. 97-1135, eff. 12-4-12; 98-508, eff. 8-19-13.)
20 (430 ILCS 65/3.1) (from Ch. 38, par. 83-3.1)
21 Sec. 3.1. Dial up system.
22 (a) The Department of State Police shall provide a dial up
23telephone system or utilize other existing technology which
24shall be used by any federally licensed firearm dealer, gun
25show promoter, or gun show vendor who is to transfer a firearm,

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

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1Department of State Police shall:
2 (1) assign a unique identification number to the
3 transfer; and
4 (2) provide the licensee, gun show promoter, or gun
5 show vendor with the number.
6 (d) Approvals issued by the Department of State Police for
7the purchase of a firearm are valid for 30 days from the date
8of issue.
9 (e) (1) The Department of State Police must act as the
10Illinois Point of Contact for the National Instant Criminal
11Background Check System.
12 (2) The Department of State Police and the Department of
13Human Services shall, in accordance with State and federal law
14regarding confidentiality, enter into a memorandum of
15understanding with the Federal Bureau of Investigation for the
16purpose of implementing the National Instant Criminal
17Background Check System in the State. The Department of State
18Police shall report the name, date of birth, and physical
19description of any person prohibited from possessing a firearm
20pursuant to the Firearm Owners Identification Card Act or 18
21U.S.C. 922(g) and (n) to the National Instant Criminal
22Background Check System Index, Denied Persons Files.
23 (3) The Department of State Police shall provide notice of
24the disqualification of a person under subsection (b) of this
25Section or the revocation of a person's Firearm Owner's
26Identification Card under Section 8 of this Act, and the reason

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1for the disqualification or revocation, to all law enforcement
2agencies with jurisdiction to assist with the seizure of the
3person's Firearm Owner's Identification Card.
4 (f) The Department of State Police shall adopt rules not
5inconsistent with this Section to implement this system.
6 (g) The Department of State Police shall develop an
7Internet based system for individuals to request the Department
8of State Police to conduct an instant criminal background check
9prior to the sale or transfer of a handgun. The Department of
10State Police shall have the system completed and available for
11use by July 1, 2016. The Department shall adopt rules not
12inconsistent with this Section to implement this system.
13(Source: P.A. 97-1150, eff. 1-25-13; 98-63, eff. 7-9-13.)