Rep. Harry Osterman
Filed: 4/9/2008
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1 | AMENDMENT TO HOUSE BILL 758
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2 | AMENDMENT NO. ______. Amend House Bill 758, AS AMENDED, by | ||||||
3 | replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "Section 5. The Firearm Owners Identification Card Act is | ||||||
6 | amended by changing Section 3 as follows:
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7 | (430 ILCS 65/3) (from Ch. 38, par. 83-3)
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8 | Sec. 3. (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 a | ||||||
12 | currently valid Firearm Owner's
Identification Card which has | ||||||
13 | previously been issued in his name by the
Department of State | ||||||
14 | Police under the provisions of this Act. In addition,
all | ||||||
15 | firearm, stun gun, and taser transfers by federally licensed | ||||||
16 | firearm dealers are subject
to Section 3.1.
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1 | (a-5) Any person who is not a federally licensed firearm | ||||||
2 | dealer and who desires to transfer or sell a firearm while that | ||||||
3 | person is on the grounds of a gun show must, before selling or | ||||||
4 | transferring the firearm, request the Department of State | ||||||
5 | Police to conduct a background check on the prospective | ||||||
6 | recipient of the firearm in accordance with Section 3.1.
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7 | (a-10) Any person who is not a federally licensed importer, | ||||||
8 | manufacturer, or dealer and who desires to sell or transfer a | ||||||
9 | firearm of a size that may be concealed upon the person to | ||||||
10 | another person, who is not a federally licensed importer, | ||||||
11 | manufacturer, or dealer, shall do so only at the place of | ||||||
12 | business of a federally licensed firearm dealer. The federally | ||||||
13 | licensed firearm dealer shall conduct a background check on the | ||||||
14 | prospective recipient of the firearm in accordance with Section | ||||||
15 | 3.1 of this Act and follow all other applicable federal, State, | ||||||
16 | and local laws as if he were the seller of the firearm. The | ||||||
17 | purchaser or transferee may be required by the federally | ||||||
18 | licensed firearm dealer to pay a fee not to exceed $10 per | ||||||
19 | firearm, plus the applicable fees authorized by Section 3.1. | ||||||
20 | The provisions of this subsection (a-10) do not apply to: | ||||||
21 | (1) transfers to the transferor's husband, wife, son, | ||||||
22 | daughter, stepson, stepdaughter, father, mother, | ||||||
23 | stepfather, stepmother, brother, sister, nephew, niece, | ||||||
24 | uncle, aunt, grandfather, grandmother, grandson, | ||||||
25 | granddaughter, father-in-law, mother-in-law, son-in-law or | ||||||
26 | daughter-in-law; |
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1 | (2) transfers by persons acting pursuant to operation
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2 | of law or a court order; or | ||||||
3 | (3) transfers on the grounds of a gun show. | ||||||
4 | (b) Any person within this State who transfers or causes to | ||||||
5 | be
transferred any firearm, stun gun, or taser shall keep a | ||||||
6 | record of such transfer for a period
of 10 years from the date | ||||||
7 | of transfer. Such record shall contain the date
of the | ||||||
8 | transfer; the description, serial number or other information
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9 | identifying the firearm, stun gun, or taser if no serial number | ||||||
10 | is available; and, if the
transfer was completed within this | ||||||
11 | State, the transferee's Firearm Owner's
Identification Card | ||||||
12 | number. On or after January 1, 2006, the record shall contain | ||||||
13 | the date of application for transfer of the firearm. On demand | ||||||
14 | of a peace officer such transferor
shall produce for inspection | ||||||
15 | such record of transfer. If the transfer or sale took place at | ||||||
16 | a gun show, the record shall include the unique identification | ||||||
17 | number. Failure to record the unique identification number is a | ||||||
18 | petty offense.
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19 | (b-5) Any resident may purchase ammunition from a person | ||||||
20 | outside of Illinois. Any resident purchasing ammunition | ||||||
21 | outside the State of Illinois must provide the seller with a | ||||||
22 | copy of his or her valid Firearm Owner's Identification Card | ||||||
23 | and either his or her Illinois driver's license or Illinois | ||||||
24 | State Identification Card prior to the shipment of the | ||||||
25 | ammunition. The ammunition may be shipped only to an address on | ||||||
26 | either of those 2 documents. |
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1 | (c) The provisions of this Section regarding the transfer | ||||||
2 | of firearm
ammunition shall not apply to those persons | ||||||
3 | specified in paragraph (b) of
Section 2 of this Act.
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4 | Notwithstanding any other rulemaking authority that may | ||||||
5 | exist, neither the Governor nor any agency or agency head under | ||||||
6 | the jurisdiction of the Governor has any authority to make or | ||||||
7 | promulgate rules to implement or enforce the provisions of this | ||||||
8 | amendatory Act of the 95th General Assembly. If, however, the | ||||||
9 | Governor believes that rules are necessary to implement or | ||||||
10 | enforce the provisions of this amendatory Act of the 95th | ||||||
11 | General Assembly, the Governor may suggest rules to the General | ||||||
12 | Assembly by filing them with the Clerk of the House and the | ||||||
13 | Secretary of the Senate and by requesting that the General | ||||||
14 | Assembly authorize such rulemaking by law, enact those | ||||||
15 | suggested rules into law, or take any other appropriate action | ||||||
16 | in the General Assembly's discretion. Nothing contained in this | ||||||
17 | amendatory Act of the 95th General Assembly shall be | ||||||
18 | interpreted to grant rulemaking authority under any other | ||||||
19 | Illinois statute where such authority is not otherwise | ||||||
20 | explicitly given. For the purposes of this Section, "rules" is | ||||||
21 | given the meaning contained in Section 1-70 of the Illinois | ||||||
22 | Administrative Procedure Act, and "agency" and "agency head" | ||||||
23 | are given the meanings contained in Sections 1-20 and 1-25 of | ||||||
24 | the Illinois Administrative Procedure Act to the extent that | ||||||
25 | such definitions apply to agencies or agency heads under the | ||||||
26 | jurisdiction of the Governor. |
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1 | (Source: P.A. 94-6, eff. 1-1-06; 94-284, eff. 7-21-05; 94-353, | ||||||
2 | eff. 7-29-05; 94-571, eff. 8-12-05; 95-331, eff. 8-21-07.)".
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