Rep. Harry Benton

Filed: 4/2/2024

10300HB5254ham003LRB103 35740 RLC 71734 a
1
AMENDMENT TO HOUSE BILL 5254
2 AMENDMENT NO. ______. Amend House Bill 5254 by replacing
3everything after the enacting clause with the following:
4 "Section 5. The Firearm Owners Identification Card Act is
5amended by changing Section 3 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
11either: (1) a currently valid Firearm Owner's Identification
12Card which has previously been issued in his or her name by the
13Illinois State Police under the provisions of this Act; or (2)
14a currently valid license to carry a concealed firearm which
15has previously been issued in his or her name by the Illinois
16State Police under the Firearm Concealed Carry Act. In

10300HB5254ham003- 2 -LRB103 35740 RLC 71734 a
1addition, all firearm, stun gun, and taser transfers by
2federally licensed firearm dealers are subject to Section 3.1.
3 (a-5) Any person who is not a federally licensed firearm
4dealer and who desires to transfer or sell a firearm while that
5person is on the grounds of a gun show must, before selling or
6transferring the firearm, request the Illinois State Police to
7conduct a background check on the prospective recipient of the
8firearm in accordance with Section 3.1.
9 (a-10) Notwithstanding item (2) of subsection (a) of this
10Section, any person who is not a federally licensed firearm
11dealer and who desires to transfer or sell a firearm or
12firearms to any person who is not a federally licensed firearm
13dealer shall, before selling or transferring the firearms,
14contact a federal firearm license dealer under paragraph (1)
15of subsection (a-15) of this Section to conduct the transfer
16or the Illinois State Police with the transferee's or
17purchaser's Firearm Owner's Identification Card number to
18determine the validity of the transferee's or purchaser's
19Firearm Owner's Identification Card under State and federal
20law, including the National Instant Criminal Background Check
21System. This subsection shall not be effective until July 1,
222023. Until that date the transferor shall contact the
23Illinois State Police with the transferee's or purchaser's
24Firearm Owner's Identification Card number to determine the
25validity of the card. The Illinois State Police may adopt
26rules concerning the implementation of this subsection. The

10300HB5254ham003- 3 -LRB103 35740 RLC 71734 a
1Illinois State Police shall provide the seller or transferor
2an approval number if the purchaser's Firearm Owner's
3Identification Card is valid. Approvals issued by the Illinois
4State Police for the purchase of a firearm pursuant to this
5subsection are valid for 30 days from the date of issue.
6 (a-15) The provisions of subsection (a-10) of this Section
7do not apply to:
8 (1) transfers that occur at the place of business of a
9 federally licensed firearm dealer, if the federally
10 licensed firearm dealer conducts a background check on the
11 prospective recipient of the firearm in accordance with
12 Section 3.1 of this Act and follows all other applicable
13 federal, State, and local laws as if he or she were the
14 seller or transferor of the firearm, although the dealer
15 is not required to accept the firearm into his or her
16 inventory. The purchaser or transferee may be required by
17 the federally licensed firearm dealer to pay a fee not to
18 exceed $25 per firearm, which the dealer may retain as
19 compensation for performing the functions required under
20 this paragraph, plus the applicable fees authorized by
21 Section 3.1;
22 (2) transfers as a bona fide gift to the transferor's
23 husband, wife, son, daughter, stepson, stepdaughter,
24 father, mother, stepfather, stepmother, brother, sister,
25 nephew, niece, uncle, aunt, grandfather, grandmother,
26 grandson, granddaughter, father-in-law, mother-in-law,

10300HB5254ham003- 4 -LRB103 35740 RLC 71734 a
1 son-in-law, or daughter-in-law;
2 (3) transfers by persons acting pursuant to operation
3 of law or a court order;
4 (4) transfers on the grounds of a gun show under
5 subsection (a-5) of this Section;
6 (5) the delivery of a firearm by its owner to a
7 gunsmith for service or repair, the return of the firearm
8 to its owner by the gunsmith, or the delivery of a firearm
9 by a gunsmith to a federally licensed firearms dealer for
10 service or repair and the return of the firearm to the
11 gunsmith;
12 (6) temporary transfers that occur while in the home
13 of the unlicensed transferee, if the unlicensed transferee
14 is not otherwise prohibited from possessing firearms and
15 the unlicensed transferee reasonably believes that
16 possession of the firearm is necessary to prevent imminent
17 death or great bodily harm to the unlicensed transferee;
18 (7) transfers to a law enforcement or corrections
19 agency or a law enforcement or corrections officer acting
20 within the course and scope of his or her official duties;
21 (8) transfers of firearms that have been rendered
22 permanently inoperable to a nonprofit historical society,
23 museum, or institutional collection; and
24 (9) transfers to a person who is exempt from the
25 requirement of possessing a Firearm Owner's Identification
26 Card under Section 2 of this Act.

10300HB5254ham003- 5 -LRB103 35740 RLC 71734 a
1 (a-20) The Illinois State Police shall develop an
2Internet-based system for individuals to determine the
3validity of a Firearm Owner's Identification Card prior to the
4sale or transfer of a firearm. The Illinois State Police shall
5have the Internet-based system updated and available for use
6by January 1, 2024. The Illinois State Police shall adopt
7rules not inconsistent with this Section to implement this
8system; but no rule shall allow the Illinois State Police to
9retain records in contravention of State and federal law.
10 (a-25) On or before January 1, 2022, the Illinois State
11Police shall develop an Internet-based system upon which the
12serial numbers of firearms that have been reported stolen are
13available for public access for individuals to ensure any
14firearms are not reported stolen prior to the sale or transfer
15of a firearm under this Section. The Illinois State Police
16shall have the Internet-based system completed and available
17for use by July 1, 2022. The Illinois State Police shall adopt
18rules not inconsistent with this Section to implement this
19system.
20 (a-30) A federally licensed firearm dealer who has
21received a license under 18 U.S.C. 923, upon the sale or
22transfer of a firearm to a person whom the dealer reasonably
23believes to be a first-time purchaser or transferee of a
24firearm, shall provide the purchaser or transferee of the
25firearm with printed or digital information about firearm
26safety courses available locally or electronically and the

10300HB5254ham003- 6 -LRB103 35740 RLC 71734 a
1safe storage of firearms.
2 (b) Any person within this State who transfers or causes
3to be transferred any firearm, stun gun, or taser shall keep a
4record of such transfer for a period of 10 years from the date
5of transfer. Any person within this State who receives any
6firearm, stun gun, or taser pursuant to subsection (a-10)
7shall provide a record of the transfer within 10 days of the
8transfer to a federally licensed firearm dealer and shall not
9be required to maintain a transfer record. The federally
10licensed firearm dealer shall maintain the transfer record for
1120 years from the date of receipt. A federally licensed
12firearm dealer may charge a fee not to exceed $25 to retain the
13record. The record shall be provided and maintained in either
14an electronic or paper format. The federally licensed firearm
15dealer shall not be liable for the accuracy of any information
16in the transfer record submitted pursuant to this Section.
17Such records shall contain the date of the transfer; the
18description, serial number or other information identifying
19the firearm, stun gun, or taser if no serial number is
20available; and, if the transfer was completed within this
21State, the transferee's Firearm Owner's Identification Card
22number and any approval number or documentation provided by
23the Illinois State Police pursuant to subsection (a-10) of
24this Section; if the transfer was not completed within this
25State, the record shall contain the name and address of the
26transferee. On or after January 1, 2006, the record shall

10300HB5254ham003- 7 -LRB103 35740 RLC 71734 a
1contain the date of application for transfer of the firearm.
2On demand of a peace officer such transferor shall produce for
3inspection such record of transfer. For any transfer pursuant
4to subsection (a-10) of this Section, on the demand of a peace
5officer, such transferee shall identify the federally licensed
6firearm dealer maintaining the transfer record. If the
7transfer or sale took place at a gun show, the record shall
8include the unique identification number. Failure to record
9the unique identification number or approval number is a petty
10offense. For transfers of a firearm, stun gun, or taser made on
11or after January 18, 2019 (the effective date of Public Act
12100-1178), failure by the private seller to maintain the
13transfer records in accordance with this Section, or failure
14by a transferee pursuant to subsection a-10 of this Section to
15identify the federally licensed firearm dealer maintaining the
16transfer record, is a Class A misdemeanor for the first
17offense and a Class 4 felony for a second or subsequent offense
18occurring within 10 years of the first offense and the second
19offense was committed after conviction of the first offense.
20Whenever any person who has not previously been convicted of
21any violation of subsection (a-5), the court may grant
22supervision pursuant to and consistent with the limitations of
23Section 5-6-1 of the Unified Code of Corrections. A transferee
24or transferor shall not be criminally liable under this
25Section provided that he or she provides the Illinois State
26Police with the transfer records in accordance with procedures

10300HB5254ham003- 8 -LRB103 35740 RLC 71734 a
1established by the Illinois State Police. The Illinois State
2Police shall establish, by rule, a standard form on its
3website.
4 (b-5) Any resident may purchase ammunition from a person
5within or outside of Illinois if shipment is by United States
6mail or by a private express carrier authorized by federal law
7to ship ammunition. Any resident purchasing ammunition within
8or outside the State of Illinois must provide the seller with a
9copy of his or her valid Firearm Owner's Identification Card
10or valid concealed carry license and either his or her
11Illinois driver's license or Illinois State Identification
12Card prior to the shipment of the ammunition. The ammunition
13may be shipped only to an address on either of those 2
14documents.
15 (c) The provisions of this Section regarding the transfer
16of firearm ammunition shall not apply to those persons
17specified in paragraph (b) of Section 2 of this Act.
18(Source: P.A. 102-237, eff. 1-1-24; 102-538, eff. 8-20-21;
19102-813, eff. 5-13-22; 102-1116, eff. 1-10-23.)