100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 HB5534

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 under 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 persons 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, 2019.

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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,

3 represented in the General Assembly:

4 Section 5. The Firearm Owners Identification Card Act is

5 amended by changing Sections 3 and 3.1 as follows:

6 (430 ILCS 65/3) (from Ch. 38, par. 83-3)

7 Sec. 3. Transfers of firearms.

8 (a) Except as provided in Section 3a, no person may

9 knowingly transfer, or cause to be transferred, any firearm,

10 firearm ammunition, stun gun, or taser to any person within

11 this State unless the transferee with whom he deals displays

12 either: (1) a currently valid Firearm Owner's Identification

13 Card which has previously been issued in his or her name by the

14 Department of State Police under the provisions of this Act; or

15 (2) a currently valid license to carry a concealed firearm

16 which has previously been issued in his or her name by the

17 Department of State Police under the Firearm Concealed Carry

18 Act. In addition, all firearm, stun gun, and taser transfers by

19 federally licensed firearm dealers are subject to Section 3.1.

20 (a-5) Any person who is not a federally licensed firearm

21 dealer and who desires to transfer or sell a firearm while that

22 person is on the grounds of a gun show must, before selling or

23 transferring the firearm, request the Department of State

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1 Police to conduct a background check on the prospective

2 recipient of the firearm in accordance with Section 3.1.

3 (a-10) Notwithstanding item (2) of subsection (a) of this

4 Section, any person who is not a federally licensed firearm

5 dealer and who desires to transfer or sell a firearm or

6 firearms to any person who is not a federally licensed firearm

7 dealer shall, before selling or transferring the firearms,

8 contact the Department of State Police with the transferee's or

9 purchaser's Firearm Owner's Identification Card number to

10 determine the validity of the transferee's or purchaser's

11 Firearm Owner's Identification Card. This subsection shall not

12 be effective until January 1, 2014. The Department of State

13 Police may adopt rules concerning the implementation of this

14 subsection. The Department of State Police shall provide the

15 seller or transferor an approval number if the purchaser's

16 Firearm Owner's Identification Card is valid. Approvals issued

17 by the Department for the purchase of a firearm pursuant to

18 this subsection are valid for 30 days from the date of issue.

19 (a-15) The provisions of subsection (a-10) of this Section

20 do not apply to:

21 (1) transfers that occur at the place of business of a

22 federally licensed firearm dealer, if the federally

23 licensed firearm dealer conducts a background check on the

24 prospective recipient of the firearm in accordance with

25 Section 3.1 of this Act and follows all other applicable

26 federal, State, and local laws as if he or she were the

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1 seller or transferor of the firearm, although the dealer is

2 not required to accept the firearm into his or her

3 inventory. The purchaser or transferee may be required by

4 the federally licensed firearm dealer to pay a fee not to

5 exceed $10 per firearm, which the dealer may retain as

6 compensation for performing the functions required under

7 this paragraph, plus the applicable fees authorized by

8 Section 3.1;

9 (2) transfers as a bona fide gift to the transferor's

10 husband, wife, son, daughter, stepson, stepdaughter,

11 father, mother, stepfather, stepmother, brother, sister,

12 nephew, niece, uncle, aunt, grandfather, grandmother,

13 grandson, granddaughter, father-in-law, mother-in-law,

14 son-in-law, or daughter-in-law;

15 (3) transfers by persons acting pursuant to operation

16 of law or a court order;

17 (4) transfers on the grounds of a gun show under

18 subsection (a-5) of this Section;

19 (5) the delivery of a firearm by its owner to a

20 gunsmith for service or repair, the return of the firearm

21 to its owner by the gunsmith, or the delivery of a firearm

22 by a gunsmith to a federally licensed firearms dealer for

23 service or repair and the return of the firearm to the

24 gunsmith;

25 (6) temporary transfers that occur while in the home of

26 the unlicensed transferee, if the unlicensed transferee is

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1 not otherwise prohibited from possessing firearms and the

2 unlicensed transferee reasonably believes that possession

3 of the firearm is necessary to prevent imminent death or

4 great bodily harm to the unlicensed transferee;

5 (7) transfers to a law enforcement or corrections

6 agency or a law enforcement or corrections officer acting

7 within the course and scope of his or her official duties;

8 (8) transfers of firearms that have been rendered

9 permanently inoperable to a nonprofit historical society,

10 museum, or institutional collection; and

11 (9) transfers to a person who is exempt from the

12 requirement of possessing a Firearm Owner's Identification

13 Card under Section 2 of this Act.

14 (a-20) The Department of State Police shall develop an

15 Internet-based system for individuals to determine the

16 validity of a Firearm Owner's Identification Card prior to the

17 sale or transfer of a firearm. The Department shall have the

18 Internet-based system completed and available for use by July

19 1, 2015. The Department shall adopt rules not inconsistent with

20 this Section to implement this system.

21 (a-25) Any person who is not a federally licensed importer,

22 manufacturer, or dealer and who desires to sell or transfer a

23 firearm of a size that may be concealed upon the person to

24 another person, who is not a federally licensed importer,

25 manufacturer, or dealer, shall do so only at the place of

26 business of a federally licensed firearm dealer. The federally

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1 licensed firearm dealer shall conduct a background check on the

2 prospective recipient of the firearm in accordance with Section

3 3.1 of this Act and follow all other applicable federal, State,

4 and local laws as if he or she were the seller of the firearm.

5 The purchaser or transferee may be required by the federally

6 licensed firearm dealer to pay a fee not to exceed $10 per

7 firearm, which the dealer may retain as compensation for

8 performing the functions required under this subsection

9 (a-25), plus the applicable fees authorized by Section 3.1.

10 The provisions of this subsection (a-25) do not apply to:

11 (1) transfers to the transferor's husband, wife, son,

12 daughter, stepson, stepdaughter, father, mother,

13 stepfather, stepmother, brother, sister, nephew, niece,

14 uncle, aunt, grandfather, grandmother, grandson,

15 granddaughter, father-in-law, mother-in-law, son-in-law,

16 or daughter-in-law;

17 (2) transfers by persons acting under operation of law

18 or a court order; or

19 (3) transfers on the grounds of a gun show.

20 (b) Any person within this State who transfers or causes to

21 be transferred any firearm, stun gun, or taser shall keep a

22 record of such transfer for a period of 10 years from the date

23 of transfer. Such record shall contain the date of the

24 transfer; the description, serial number or other information

25 identifying the firearm, stun gun, or taser if no serial number

26 is available; and, if the transfer was completed within this

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1 State, the transferee's Firearm Owner's Identification Card

2 number and any approval number or documentation provided by the

3 Department of State Police pursuant to subsection (a-10) of

4 this Section. On or after January 1, 2006, the record shall

5 contain the date of application for transfer of the firearm. On

6 demand of a peace officer such transferor shall produce for

7 inspection such record of transfer. If the transfer or sale

8 took place at a gun show, the record shall include the unique

9 identification number. Failure to record the unique

10 identification number or approval number is a petty offense.

11 (b-5) Any resident may purchase ammunition from a person

12 within or outside of Illinois if shipment is by United States

13 mail or by a private express carrier authorized by federal law

14 to ship ammunition. Any resident purchasing ammunition within

15 or outside the State of Illinois must provide the seller with a

16 copy of his or her valid Firearm Owner's Identification Card or

17 valid concealed carry license and either his or her Illinois

18 driver's license or Illinois State Identification Card prior to

19 the shipment of the ammunition. The ammunition may be shipped

20 only to an address on either of those 2 documents.

21 (c) The provisions of this Section regarding the transfer

22 of firearm ammunition shall not apply to those persons

23 specified in paragraph (b) of Section 2 of this Act.

24 (Source: P.A. 98-508, eff. 8-19-13; 99-29, eff. 7-10-15.)

25 (430 ILCS 65/3.1) (from Ch. 38, par. 83-3.1)

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1 Sec. 3.1. Dial up system.

2 (a) The Department of State Police shall provide a dial up

3 telephone system or utilize other existing technology which

4 shall be used by any federally licensed firearm dealer, gun

5 show promoter, or gun show vendor who is to transfer a firearm,

6 stun gun, or taser under the provisions of this Act. The

7 Department of State Police may utilize existing technology

8 which allows the caller to be charged a fee not to exceed $2.

9 Fees collected by the Department of State Police shall be

10 deposited in the State Police Services Fund and used to provide

11 the service.

12 (b) Upon receiving a request from a federally licensed

13 firearm dealer, gun show promoter, or gun show vendor, the

14 Department of State Police shall immediately approve, or within

15 the time period established by Section 24-3 of the Criminal

16 Code of 2012 regarding the delivery of firearms, stun guns, and

17 tasers notify the inquiring dealer, gun show promoter, or gun

18 show vendor of any objection that would disqualify the

19 transferee from acquiring or possessing a firearm, stun gun, or

20 taser. In conducting the inquiry, the Department of State

21 Police shall initiate and complete an automated search of its

22 criminal history record information files and those of the

23 Federal Bureau of Investigation, including the National

24 Instant Criminal Background Check System, and of the files of

25 the Department of Human Services relating to mental health and

26 developmental disabilities to obtain any felony conviction or

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1 patient hospitalization information which would disqualify a

2 person from obtaining or require revocation of a currently

3 valid Firearm Owner's Identification Card.

4 (c) If receipt of a firearm would not violate Section 24-3

5 of the Criminal Code of 2012, federal law, or this Act the

6 Department of State Police shall:

7 (1) assign a unique identification number to the

8 transfer; and

9 (2) provide the licensee, gun show promoter, or gun

10 show vendor with the number.

11 (d) Approvals issued by the Department of State Police for

12 the purchase of a firearm are valid for 30 days from the date

13 of issue.

14 (e) (1) The Department of State Police must act as the

15 Illinois Point of Contact for the National Instant Criminal

16 Background Check System.

17 (2) The Department of State Police and the Department of

18 Human Services shall, in accordance with State and federal law

19 regarding confidentiality, enter into a memorandum of

20 understanding with the Federal Bureau of Investigation for the

21 purpose of implementing the National Instant Criminal

22 Background Check System in the State. The Department of State

23 Police shall report the name, date of birth, and physical

24 description of any person prohibited from possessing a firearm

25 pursuant to the Firearm Owners Identification Card Act or 18

26 U.S.C. 922(g) and (n) to the National Instant Criminal

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1 Background Check System Index, Denied Persons Files.

2 (3) The Department of State Police shall provide notice of

3 the disqualification of a person under subsection (b) of this

4 Section or the revocation of a person's Firearm Owner's

5 Identification Card under Section 8 or Section 8.2 of this Act,

6 and the reason for the disqualification or revocation, to all

7 law enforcement agencies with jurisdiction to assist with the

8 seizure of the person's Firearm Owner's Identification Card.

9 (f) The Department of State Police shall adopt rules not

10 inconsistent with this Section to implement this system.

11 (g) The Department of State Police shall develop an

12 Internet-based system for persons to request the Department of

13 State Police to conduct an instant criminal background check

14 prior to the sale or transfer of a handgun. The Department of

15 State Police shall have the system completed and available for

16 use by July 1, 2019. The Department shall adopt rules not

17 inconsistent with this Section to implement this system.

18 (Source: P.A. 98-63, eff. 7-9-13; 99-787, eff. 1-1-17.)