093_SB0947ham002 LRB093 02912 RLC 16166 a 1 AMENDMENT TO SENATE BILL 947 2 AMENDMENT NO. . Amend Senate Bill 947, AS AMENDED, 3 by replacing everything after the enacting clause with the 4 following: 5 "Section 5. The Firearm Owners Identification Card Act is 6 amended by adding Section 3.5 as follows: 7 (430 ILCS 65/3.5 new) 8 Sec. 3.5. Private transfers of firearms by persons 9 attending gun shows. 10 (a) To ensure that, prior to any sale or transfer of a 11 firearm at a gun show in the State of Illinois, a background 12 check is conducted on the transferor and the transferee of 13 the firearm, the Department of State Police shall establish a 14 system which shall be available for requests from individuals 15 selling or transferring firearms at a gun show, other than a 16 federally licensed firearms dealer, to conduct background 17 checks under this system. 18 The Department of State Police shall utilize technology 19 which allows the person to be charged a fee equivalent to the 20 cost of providing the service. Fees collected by the 21 Department of State Police shall be deposited in the State 22 Police Services Fund and used to provide the service. -2- LRB093 02912 RLC 16166 a 1 The Department of State Police shall establish a service 2 of conducting background checks for individuals selling or 3 transferring firearms at a gun show, other than a federally 4 licensed firearm dealer. Gun show promoters and other 5 interested parties shall access the background check system 6 through a process established by the Department of State 7 Police. 8 Upon receiving a request from an individual selling or 9 transferring firearms at a gun show, other than a federally 10 licensed firearm dealer, the Department of State Police shall 11 provide, during the initial transferor inquiry, an approval, 12 denial, or conditional denial of the transfer. The time 13 period for the Department to respond shall begin at the time 14 the inquiry is received. When the Department provides a 15 conditional denial, the dealer shall not transfer the firearm 16 until an approval is provided by the Department. However, if 17 any approval or denial is not provided in accordance with the 18 Brady Handgun Violence Prevention Act (Brady Act, 1993), 19 Title 18 U.S. Code, Section 922(t) and in Section 24-3 of the 20 Criminal Code of 1961, the transfer may proceed. Failure of 21 the Department to provide an approval or denial within the 22 prescribed length of times does not relieve the transferor 23 from compliance with any other statutory restrictions on 24 firearm transfers. Regardless of the requirements of this 25 Section, transactions must comply with all State and federal 26 firearm laws. 27 (b) Any person who is not a federally licensed firearm 28 dealer and who desires to transfer or sell a firearm while 29 that person is on the grounds of a gun show must, prior to 30 the sale or transfer of the firearm: 31 (1) Request the Department of State Police to 32 conduct a background check on the transferor and the 33 prospective transferee of a firearm and shall provide the 34 following information to the Department: -3- LRB093 02912 RLC 16166 a 1 (A) A valid Firearm Owner's Identification Card 2 number of the transferor and transferee. If there is 3 not a valid Firearm Owner's Identification Card 4 number, the following shall be provided: 5 (i) Name. 6 (ii) Date of Birth. 7 (iii) Race. 8 (iv) Sex. 9 (v) State of residency. 10 (B) The telephone number of the transferor and 11 transferee. 12 (C) The type of firearm (long gun or short 13 gun). 14 (2) Receive an approval from the Department of 15 State Police that, after a background check was 16 conducted, nothing in the records accessed by the 17 Department shall prohibit, based on State or federal law, 18 the purchaser from purchasing or possessing a firearm. 19 (c) From the background check under this Section, the 20 Department of State Police shall: 21 (1) Determine from records and other information 22 available to it whether the recipient is disqualified 23 under State or federal laws from completing the transfer 24 or is otherwise prohibited by State or federal law from 25 purchasing or possessing a firearm; and 26 (2) Notify the transferor when a recipient is 27 disqualified from completing the transfer or provide the 28 transferor with a unique approval number indicating that 29 the recipient is qualified to complete the transfer. The 30 unique approval number is a permit valid for 30 days for 31 the requested transfer. If the firearm is not transferred 32 from the transfer to the recipient within 30 days after 33 receipt of the unique approval number, a new request must 34 be made by the transferor. -4- LRB093 02912 RLC 16166 a 1 (d) The Department of State Police shall provide, during 2 the initial transferor inquiry, an approval, denial, or 3 conditional denial of the transfer. The time period for the 4 Department to respond shall begin at the time the inquiry is 5 received. When the Department provides a conditional denial, 6 the transferor shall not transfer the firearm until an 7 approval is provided by the Department. However, if any 8 approval or denial is not provided in accordance with the 9 Brady Handgun Violence Prevention Act (Brady Act, 1993), 10 Title 18 U.S. Code, Section 922(t) or in Section 24-3 of the 11 Criminal Code of 1961, the transfer may proceed. Failure of 12 the Department to provide an approval or denial within the 13 prescribed length of times does not relieve the transferor 14 from compliance with any other statutory restrictions on 15 firearm transfers. Regardless of the requirements of this 16 Section, transactions must comply with all State and federal 17 firearm laws. 18 (e) A public employee or public agency incurs no criminal 19 or civil liability for performing the background checks 20 required by this Section, provided the employee or agency 21 acts in good faith without malice. 22 (f) A transferor other than a gun dealer may not transfer 23 a firearm at a gun show unless the transferor: 24 (1) Requests a background check under this Section 25 prior to completing the transferor; 26 (2) Receives notification that the recipient is 27 qualified to complete the transfer; 28 (3) Has complied with Section 24-3 of the Criminal 29 Code of 1961; and 30 (4) Has the recipient complete the form described 31 in this Section. 32 (g) The transferor shall retain the completed form 33 referred to in subsection (h) of this Section for at least 10 34 years and shall make the completed form available to law -5- LRB093 02912 RLC 16166 a 1 enforcement agencies for the purpose of criminal 2 investigations. A gun show promoter shall post in a prominent 3 place at the gun show a notice explaining the requirements of 4 this Section. The gun show promoter shall provide the form 5 required by subsection (h) of this Section to any person 6 transferring a firearm at the gun show. 7 (h) The Department of State Police shall develop a form 8 to be completed by a person seeking to obtain a firearm at a 9 gun show from a transferor other than a gun show dealer. The 10 Department shall consider including in the form all of the 11 requirements for disclosure of information that are required 12 by federal law for over-the-counter firearms transactions. 13 (i) Failure to comply with the requirement of this 14 Section is a Class A misdemeanor. Failure to comply with the 15 requirements of this Section is a Class 2 felony if the 16 person has 2 or more previous convictions under this Section. 17 (j) In this Section: 18 "Gun show" means the entire premises provided for an 19 event or function, including but not limited to parking areas 20 for the event or function, that is sponsored to facilitate, 21 in whole or in part, the purchase, sale, offer for sale, or 22 collection of firearms at which: 23 (1) 25 or more firearms are offered or exhibited 24 for sale, transfer, or exchange; or 25 (2) not less than 3 gun show vendors exhibit, sell, 26 offer for sale, transfer, or exchange firearms. 27 "Gun show promoter" means a person who organizes or 28 operates a gun show. 29 "Gun show vendor" means any person who exhibits, sells, 30 offers for sale, transfers, or exchanges any firearms at a 31 gun show, regardless of whether the person arranges with a 32 gun show promoter for a fixed location from which to exhibit, 33 sell, offer for sale, transfer, or exchange any firearm. 34 (k) The Department of State Police shall adopt rules to -6- LRB093 02912 RLC 16166 a 1 carry out the provisions of this Section.".