HB4536 93RD GENERAL ASSEMBLY

LRB093 18679 LCB 44406 b

93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB4536

Introduced 02/03/04, by Deborah L. Graham

SYNOPSIS AS INTRODUCED:

New Act

Creates the Firearms Dealer Licensing Act. Requires a person who engages in the business of selling or transferring firearms to be licensed by the Department of State Police. Establishes qualifications for licenses. Provides that it is a Class 4 felony to engage in the business of selling or transferring firearms without a license. Requires a licensed firearms dealer who sells or transfers a firearm to a person who is not a licensed dealer to report that sale or transfer to the Department of State Police.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT in relation to firearms.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Firearms Dealer Licensing Act.

Section 5. Definitions. As used in this Act:

"Department" means the Department of State Police.

"Firearms dealer" means any person who is: (i) engaged in the business of selling firearms at wholesale or retail, (ii) engaged in the business of repairing firearms or of making or fitting special barrels, stocks, or trigger mechanisms to firearms, or (iii) a pawnbroker whose business or occupation includes the taking or receiving, by way of pledge or pawn, of any firearm as security for the payment or repayment of money.

"Licensed dealer" means any firearms dealer who is licensed under both this Act and Section 923 of the federal Gun Control Act of 1968 (18 U.S.C. 923).

"Person" means an individual, firm, association, society, partnership, limited liability company, corporation, or other entity.

"Crime punishable by imprisonment for a term exceeding one year" does not include:

(i) any federal or state offenses pertaining to antitrust violations, unfair trade practices, restraints of trade, or other similar offenses relating to the regulation of business practices, or

(ii) any state offense classified by the laws of the state as a misdemeanor and punishable by a term of imprisonment of 2 years or less.

What constitutes a conviction of a crime punishable by imprisonment for a term exceeding one year is determined in accordance with the law of the jurisdiction in which the proceedings were held. Any conviction that has been expunged, set aside, or for which a person has been pardoned or has had civil rights restored may not be considered a conviction for purposes of this Act unless the pardon, expungement, or restoration of civil rights expressly provides that the person may not possess or receive firearms.

"Engaged in the business" means a person who devotes time, attention, and labor to engaging in the activity as a regular course of trade or business with the principal objective of livelihood and profit, but does not include a person who makes occasional repairs of firearms, or who occasionally fits special barrels, stocks, or trigger mechanisms to firearms.

"Transfer" means the actual or attempted transfer of a firearm or firearm ammunition, with or without consideration, but does not include the lease of a firearm, or the provision of ammunition specifically for that firearm, if the firearm and the ammunition are to be used on the lessor's premises, and does not include any transfer of possession when the transferor maintains supervision and control over the firearm or ammunition.

"With the principal objective of livelihood and profit" means that the intent underlying the sale or disposition of firearms is predominantly one of obtaining livelihood and pecuniary gain, as opposed to other intents, such as improving or liquidating a personal firearms collection; however, proof of profit shall not be required as to a person who engages in the regular and repetitive purchase and disposition of firearms for criminal purposes or terrorism.

"Terrorism" means activity directed against United States residents that:

(i) is committed by an individual who is not a national or permanent resident alien of the United States;

(ii) involves violent acts or acts dangerous to human life that would be a criminal violation if committed within the jurisdiction of the United States; and

(iii) is intended:

(A) to intimidate or coerce a civilian population;

(B) to influence the policy of a government by intimidation or coercion; or

(C) to affect the conduct of a government by assassination or kidnapping.

"Indictment" includes an indictment or information in any court under which a crime punishable by imprisonment for a term exceeding one year may be prosecuted.

"Fugitive from justice" means a person who has fled from any state to avoid prosecution for a crime or to avoid giving testimony in any criminal proceeding.

"Firearm" has the meaning ascribed to it in Section 1.1 of the Firearm Owners Identification Card Act.

"Adjudicated as a disabled person" means adjudicated as a disabled person under the Probate Act of 1975 or the laws of another state.

"Cannabis" has the meaning ascribed to it in the Cannabis Control Act.

"Controlled substance" has the meaning ascribed to it in the Illinois Controlled Substances Act.

Section 10. Unlicensed firearms dealer; prohibition. No person may sell or otherwise transfer, or expose for sale or transfer, or have in his or her possession with intent to sell or transfer any firearm without being licensed under this Act. This prohibition does not apply to a person who makes occasional sales, exchanges, or purchases of firearms for the enhancement of a personal collection or as a hobby or who sells all or part of his or her personal collection of firearms.

Section 15. License application; requirements; penalty.

(a) The Department may grant a firearms dealer license to an applicant who submits evidence that:

(1) he or she is at least 21 years of age;

(2) he or she, including in the case of a corporation, partnership, or association, an individual possessing, directly or indirectly, the power to direct or cause the direction of the management and policies of the corporation, partnership, or association:

(i) has not been convicted of and is not under indictment for a crime punishable by imprisonment for a term exceeding one year;

(ii) is not a fugitive from justice;

(iii) is not and has not been an unlawful user of or addicted to a controlled substance or cannabis;

(iv) has not been adjudicated as a disabled person or committed to a mental institution;

(v) is not an alien, illegally or unlawfully, in the United States;

(vi) has not been discharged from the Armed Forces under dishonorable conditions; or

(vii) is not a former citizen of the United States who has renounced his or her citizenship; and

(3) he or she does not have a mental condition that poses a clear and present danger to the applicant, another person, or to the community. For purposes of this subdivision (3), "mental condition" means a state of mind manifested by violent, suicidal, threatening, or assaultive behavior.

(b) An application for a firearms dealer license must be made on forms furnished by the Department. The application must be verified by the applicant under oath and must be accompanied by the required fee.

(c) The applicant must submit to the Department a license fee of $300, payable at the time of application, and an additional $300 payable every 3 years thereafter for so long as the license is in effect.

(d) The applicant must submit to fingerprinting in accordance with rules adopted by the Department and must pay a fingerprint processing fee in the amount set by the Department by rule.

(e) A person who knowingly makes a false statement or knowingly conceals a material fact or uses false information or identification in any application for a license under this Act commits a Class A misdemeanor.

(f) A license granted under this Act remains in effect until it is revoked, suspended, or otherwise withdrawn by the Department or until it is surrendered by the licensee.

(g) The provisions of subdivision (a)(2)(ii) do not apply to a person who has been granted relief from disabilities under subsection (c) of Section 925 of Title 18 of the United States Code or to a licensed dealer who is indicted for a crime who is operating under an existing license if, before the expiration of the term of the existing license, timely application is made for a new license during the term of the indictment and until any conviction under the indictment becomes final.

Section 20. License retention; requirements. A license granted under this Act is subject to all of the following requirements:

(1) A licensed dealer may only transact business under this Act at an address that has a zoning classification that permits the operation of a retail establishment.

(2) A licensed dealer may not transact business in any place other than the premises specified in his or her license, except that a licensed dealer may display, sell, or transfer firearms at a gun show open to the general public or at any regular meeting of an incorporated collectors club in accordance with this Act and federal law.

(3) A licensed dealer may not violate any provision of any federal or state law pertaining to the possession, use, sale, or delivery of firearms.

(4) The licensed dealer must strictly adhere to the provisions of all applicable federal and State laws and local ordinances and local business license requirements.

(5) A separate license must be obtained for each separate place of business. Before a licensed dealer moves his or her place of business, he or she must promptly apply to the Department for an amended license.

(6) The license, or a copy of the license certified by the Department, must be displayed on the premises at a location where it can easily be read.

(7) No firearm may be displayed in any outer window of the premises or in any other place where it can readily be seen from the outside.

(8) Every firearm must be unloaded when delivered.

(9) The licensee must obtain a certificate of registration issued under the Retailers' Occupation Tax Act.

(10) The licensee must take reasonable precautions to ensure that the firearms the licensee sells will not be used illegally. These precautions include, but are not limited to: (i) the refusal to sell a firearm to a person the licensee knows or has reason to know is purchasing the firearm on behalf of another person who could not legally purchase the firearm; (ii) the refusal to sell a firearm to a person who has provided a home address in a municipality or county in which possession of that type of firearm is illegal unless the transferee presents reasonably satisfactory evidence that the firearm will not be used or possessed unlawfully in that municipality or county; and (iii) the refusal to sell a firearm to a person who has provided a home address in a municipality or county that requires registration of the firearm, unless the purchaser presents satisfactory evidence of compliance with the registration requirement.

(11) The licensee must make available the licensee's records to any officer or employee of the Department or of any unit of local government in this State whenever the officer or employee is authorized to enforce laws or ordinances pertaining to firearms.

Section 25. Enforcement; revocation; notice. This Act must be enforced by the Department, and may be enforced, for the purpose of determining compliance with this Act, by any municipality in which the licensee is located or, if the licensee is not located in a municipality, by the county in which the licensee is located. The Department, after due notice to the licensee and reasonable opportunity for the licensee to be heard, may revoke a license or may suspend a license for a period of time that the Department may deem proper upon satisfactory proof that the licensee has violated or permitted a violation of any requirement of this Act or is no longer eligible to obtain a license under Section 15. A person whose license has been revoked by the Department is disqualified to receive a license for 10 years after the revocation. Any person who has substantially participated in the operation or management of a licensee that has had its license revoked may not be employed by or participate in the business of any other licensee for 10 years after the revocation. Proceedings for revocation or suspension under this Section may be initiated by the Department or by a municipality or county.

Section 30. Submission to Department. A licensed dealer must, within 24 hours after making a sale or transfer of a firearm to a person who is not licensed as a dealer, report that sale to the Department of State Police. The report must contain the following information: the date of the sale or transfer; the identity and address of the dealer; the name, address, age, and occupation of the transferee; the price of the firearm; and the kind, description and number of the firearm. All records of the reports must be maintained by the Department on a computer database capable of allowing the retrieval of information for each dealer and each transferee. The computer database must also contain a listing of each county or municipality that prohibits one or more types of firearm, and the type or types of firearms that are prohibited in that county or municipality. Information in the database must be made available to any law enforcement agency responsible for the enforcement of any federal, State, or local law or ordinance relating to firearms, and to any licensed dealer who requests information relating to a person who is seeking to purchase one or more firearms from that dealer. Except as specifically provided in this Section, information in the database are confidential records of the Department and are not subject to disclosure under any other law.

In addition to any other requirements of this Section, any licensee who was required by Section 3 of the Firearm Owners Identification Card Act to keep a record of a transfer of a firearm occurring within the 24 month period immediately preceding the effective date of this Act must, no later than 30 days after that effective date, report those transfers to the Department of State Police. The report must contain the information required to be maintained as records under subsection (b) of Section 3 of the Firearm Owners Identification Card Act. The Department must include the records of those reports in the computer database required to be maintained under this Section.

Section 35. Penalty. Any firearms dealer who sells, or who possesses with intent to sell, trade, or transfer, any firearm without being licensed under this Act is guilty of a Class 4 felony.