100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB5913

Introduced , by Rep. Kathleen Willis

SYNOPSIS AS INTRODUCED:
430 ILCS 65/3 from Ch. 38, par. 83-3

Amends the Firearm Owners Identification Card Act if and only if Senate Bill 337 of the 100th General Assembly becomes law. Deletes provision that a transferee shall not be criminally liable under the Act provided that he or she provides the Department of State Police with the transfer records in accordance with procedures established by the Department and deletes provision that the Department shall establish, by rule, a standard form on its website. Effective upon becoming law or on the date Senate Bill 337 of the 100th General Assembly takes effect, whichever is later.
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A BILL FOR

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1 AN ACT concerning criminal law.
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 337 of the 100th
5General Assembly becomes law, then the Firearm Owners
6Identification Card Act is amended by changing Section 3 as
7follows:
8 (430 ILCS 65/3) (from Ch. 38, par. 83-3)
9 Sec. 3. (a) Except as provided in Section 3a, no person may
10knowingly transfer, or cause to be transferred, any firearm,
11firearm ammunition, stun gun, or taser to any person within
12this State unless the transferee with whom he deals displays
13either: (1) a currently valid Firearm Owner's Identification
14Card which has previously been issued in his or her name by the
15Department of State Police under the provisions of this Act; or
16(2) a currently valid license to carry a concealed firearm
17which has previously been issued in his or her name by the
18Department of State Police under the Firearm Concealed Carry
19Act. In addition, all firearm, stun gun, and taser transfers by
20federally licensed firearm dealers are subject to Section 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

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

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

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1 the unlicensed transferee, if the unlicensed transferee is
2 not otherwise prohibited from possessing firearms and the
3 unlicensed transferee reasonably believes that possession
4 of the firearm is necessary to prevent imminent death or
5 great bodily harm to the unlicensed transferee;
6 (7) transfers to a law enforcement or corrections
7 agency or a law enforcement or corrections officer acting
8 within the course and scope of his or her official duties;
9 (8) transfers of firearms that have been rendered
10 permanently inoperable to a nonprofit historical society,
11 museum, or institutional collection; and
12 (9) transfers to a person who is exempt from the
13 requirement of possessing a Firearm Owner's Identification
14 Card under Section 2 of this Act.
15 (a-20) The Department of State Police shall develop an
16Internet-based system for individuals to determine the
17validity of a Firearm Owner's Identification Card prior to the
18sale or transfer of a firearm. The Department shall have the
19Internet-based system completed and available for use by July
201, 2015. The Department shall adopt rules not inconsistent with
21this Section to implement this system.
22 (b) Any person within this State who transfers or causes to
23be transferred any firearm, stun gun, or taser shall keep a
24record of such transfer for a period of 10 years from the date
25of transfer. Such record shall contain the date of the
26transfer; the description, serial number or other information

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1identifying the firearm, stun gun, or taser if no serial number
2is available; and, if the transfer was completed within this
3State, the transferee's Firearm Owner's Identification Card
4number and any approval number or documentation provided by the
5Department of State Police pursuant to subsection (a-10) of
6this Section; if the transfer was not completed within this
7State, the record shall contain the name and address of the
8transferee. On or after January 1, 2006, the record shall
9contain the date of application for transfer of the firearm. On
10demand of a peace officer such transferor shall produce for
11inspection such record of transfer. If the transfer or sale
12took place at a gun show, the record shall include the unique
13identification number. Failure to record the unique
14identification number or approval number is a petty offense.
15For transfers of a firearm, stun gun, or taser made on or after
16the effective date of this amendatory Act of the 100th General
17Assembly, failure by the private seller to maintain the
18transfer records in accordance with this Section is a Class A
19misdemeanor for the first offense and a Class 4 felony for a
20second or subsequent offense. A transferee shall not be
21criminally liable under this Section provided that he or she
22provides the Department of State Police with the transfer
23records in accordance with procedures established by the
24Department. The Department shall establish, by rule, a standard
25form on its website.
26 (b-5) Any resident may purchase ammunition from a person

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1within or outside of Illinois if shipment is by United States
2mail or by a private express carrier authorized by federal law
3to ship ammunition. Any resident purchasing ammunition within
4or outside the State of Illinois must provide the seller with a
5copy of his or her valid Firearm Owner's Identification Card or
6valid concealed carry license and either his or her Illinois
7driver's license or Illinois State Identification Card prior to
8the shipment of the ammunition. The ammunition may be shipped
9only to an address on either of those 2 documents.
10 (c) The provisions of this Section regarding the transfer
11of firearm ammunition shall not apply to those persons
12specified in paragraph (b) of Section 2 of this Act.
13(Source: P.A. 98-508, eff. 8-19-13; 99-29, eff. 7-10-15;
1410000SB0337enr.)
15 Section 99. Effective date. This Act takes effect upon
16becoming law or on the date Senate Bill 337 of the 100th