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
 


HB1405LRB099 06008 RLC 26062 b



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.)