93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB6918


 
Introduced 02/09/04, by Harry Osterman
 
SYNOPSIS AS INTRODUCED:
 		















430 ILCS 65/3.5 new








    Amends the Firearm Owners Identification Card Act. Provides that a person, who is not a federally licensed firearm dealer, who desires to transfer or sell a firearm while that person is on the grounds of a gun show, must prior to the sale or transfer of the firearm: (1) request the Department of State Police to conduct a background check on the transferor and the prospective transferee of a firearm; (2) provide certain information to the Department; and (3) receive an approval from the Department of State Police, that after a background check was conducted, nothing in the records accessed by the Department, shall prohibit based on State or federal law, the purchaser from purchasing or possessing a firearm. Provides that failure to comply with these requirements is a Class A misdemeanor. Provides that failure to comply with these requirements is a Class 2 felony if the person has 2 or more previous convictions for these violations.

















LRB093 18558 RLC 44279 b

















CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY


FISCAL NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











HB6918

LRB093 18558 RLC 44279 b






1
    AN ACT concerning firearms.

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


 
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    Section 5.  The Firearm Owners Identification Card Act is 
5
amended by adding
Section
3.5 as follows:


 



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    (430 ILCS 65/3.5 new)




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    Sec. 3.5. Private transfers of firearms by persons 
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attending gun shows.

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    (a) To ensure that, prior to any sale or transfer of a 
10
firearm at a gun show
in the State of
Illinois, a background 
11
check is conducted on the transferor and the transferee
of the 
12
firearm, the
Department of State Police shall establish a 
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system which shall be available
for requests from
individuals 
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selling or transferring firearms at a gun show, other than a

15
federally licensed firearms
dealer, to conduct background 
16
checks under this system.

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    The Department of State Police shall utilize technology 
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which allows the
person
to be charged a fee
equivalent to the 
19
cost of providing the service. The fee may not exceed $2, 
20
however. Fees collected by the
Department of State Police
shall 
21
be deposited in the State Police Services Fund and used to 
22
provide the
service.

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    The Department of State Police shall establish a service of 
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conducting
background checks for
individuals selling or 
25
transferring firearms at a gun show, other than a
federally 
26
licensed firearm
dealer. Gun show promoters and other 
27
interested parties shall access the
background check system

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through a process established by the Department of State 
29
Police.

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    Upon receiving a request from an individual selling or 
31
transferring firearms
at
a gun show, other than
a federally 
32
licensed firearm dealer, the Department of State Police shall

 


 






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1
provide, during the initial
transferor inquiry, an approval, 
2
denial, or conditional denial of the transfer.
The time period 
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for the
Department to respond shall begin at the time the 
4
inquiry is received. When the
Department
provides a conditional 
5
denial, the transferor shall not transfer the firearm until
an 
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approval is provided
by the Department. However, if any 
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approval or denial is not provided in
accordance with the Brady

8
Handgun Violence Prevention Act (Brady Act, 1993), Title 18 
9
U.S. Code, Section
922(t) and in
Section 24-3 of the Criminal 
10
Code of 1961, the transfer may proceed. Failure of
the 
11
Department to
provide an approval or denial within the 
12
prescribed length of times does not
relieve the transferor
from 
13
compliance with any other statutory restrictions on firearm 
14
transfers.
Regardless of the
requirements of this Section, 
15
transactions must comply with all State and
federal firearm 
16
laws.

17
    (b) Any person who is not a federally licensed firearm 
18
dealer and who desires
to transfer or sell a
firearm while that 
19
person is on the grounds of a gun show must, prior to the
sale 
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or transfer of the
firearm:

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        (1) Request the Department of State Police to conduct a 
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    background check
on the
transferor and the prospective 
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    transferee of a firearm and shall provide the
following

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    information to the Department:

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            (A) A valid Firearm Owner's Identification Card 
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        number of the
transferor and transferee.

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            (B) The telephone number of the transferor and 
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        transferee.

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            (C) The type of firearm (long gun or short gun).

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        (2) Receive an approval from the Department of State 
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    Police that, after a
background
check was conducted, 
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    nothing in the records accessed by the Department shall

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    prohibit, based on State or federal law, the purchaser from 
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    purchasing or
possessing a
firearm.

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    (c) From the background check under this Section, the 
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Department of State
Police shall:

 


 






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        (1) Determine from records and other information 
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    available to it whether
the
recipient is disqualified under 
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    State or federal laws from completing the
transfer or is

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    otherwise prohibited by State or federal law from 
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    purchasing or possessing a
firearm;
and

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        (2) Notify the transferor when a recipient is 
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    disqualified from completing
the transfer
or provide the 
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    transferor with a unique approval number indicating that 
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    the
recipient
is qualified to complete the transfer. The 
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    unique approval number is a permit
valid
for 30 days for 
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    the requested transfer. If the firearm is not transferred 
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    from
the
transfer to the recipient within 30 days after 
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    receipt of the unique approval
number, a
new request must 
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    be made by the transferor.

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    (d) The Department of State Police shall provide, during 
16
the initial
transferor inquiry,
an approval, denial, or 
17
conditional denial of the transfer. The time period for
the

18
Department to respond shall begin at the time the inquiry is 
19
received. When the
Department provides a conditional denial, 
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the transferor shall not transfer the
firearm
until an approval 
21
is provided by the Department. However, if any approval or

22
denial
is not provided in accordance with the Brady Handgun 
23
Violence Prevention Act
(Brady Act, 1993), Title 18 U.S. Code, 
24
Section 922(t) or in Section 24-3 of
the
Criminal Code of 1961, 
25
the transfer may proceed. Failure of the Department to
provide 
26
an approval or denial within the prescribed length of times 
27
does not
relieve
the transferor from compliance with any other 
28
statutory restrictions on firearm
transfers. Regardless of the 
29
requirements of this Section, transactions must
comply with
all 
30
State and federal firearm laws.

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    (e) A public employee or public agency incurs no criminal 
32
or civil liability
for performing the
background checks 
33
required by this Section, provided the employee or agency
acts 
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in good faith
without malice.

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    (f) A transferor other than a gun dealer may not transfer a 
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firearm at a gun
show unless the
transferor:

 


 






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        (1) Requests a background check under this Section 
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    prior to completing the
transferor;

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        (2) Receives notification that the recipient is 
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    qualified to complete the
transfer;

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        (3) Has complied with Section 24-3 of the Criminal Code 
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    of 1961; and

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        (4) Has the recipient complete the form described in 
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    this Section.

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    (g) The transferor shall retain the completed form referred 
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to in subsection
(h) of this Section
for at least 10 years and 
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shall make the completed form available to law
enforcement 
12
agencies for the
purpose of criminal investigations. A gun show 
13
promoter shall post in a
prominent place at the gun
show a 
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notice explaining the requirements of this Section. The gun 
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show
promoter shall provide the
form required by subsection (h) 
16
of this Section to any person transferring a
firearm at the gun 
17
show.

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    (h) The Department of State Police shall develop a form to 
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be completed by a
person seeking
to obtain a firearm at a gun 
20
show from a transferor other than a gun show
dealer. The 
21
Department
shall consider including in the form all of the 
22
requirements for disclosure of
information that are
required by 
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federal law for over-the-counter firearms transactions.

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    (i) Failure to comply with the requirement of this Section 
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is a Class A
misdemeanor. Failure
to comply with the 
26
requirements of this Section is a Class 2 felony if the
person 
27
has 2 or more
previous convictions under this Section.

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    (j) In this Section:

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    "Gun show" means the entire premises provided for an event 
30
or function,
including but not
limited to parking areas for the 
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event or function, that is sponsored to
facilitate, in whole or 
32
in part,
the purchase, sale, offer for sale, or collection of 
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firearms at which:

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        (1) 25 or more firearms are offered or exhibited for 
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    sale, transfer, or
exchange; or

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        (2) not less than 3 gun show vendors exhibit, sell, 
 


 






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    offer for sale,
transfer, or exchange
firearms.

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    "Gun show promoter" means a person who organizes or 
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operates a gun show.

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    "Gun show vendor" means any person who exhibits, sells, 
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offers for sale,
transfers, or
exchanges any firearms at a gun 
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show, regardless of whether the person
arranges with a gun show

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promoter for a fixed location from which to exhibit, sell, 
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offer for sale,
transfer, or exchange any
firearm.

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    (k) The Department of State Police shall adopt rules to 
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carry out the
provisions of this
Section.