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HB5480 Engrossed |
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LRB096 18968 DRJ 35303 b |
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| AN ACT concerning public safety.
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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 |
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| amended by changing Section 3 as follows:
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| (430 ILCS 65/3) (from Ch. 38, par. 83-3)
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| Sec. 3. (a) Except as provided in Section 3a, no person may |
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| knowingly
transfer, or cause to be transferred, any firearm, |
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| firearm ammunition, stun gun, or taser to any person within |
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| this State unless the
transferee with whom he deals displays a |
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| currently valid Firearm Owner's
Identification Card which has |
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| previously been issued in his name by the
Department of State |
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| Police under the provisions of this Act. In addition,
all |
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| firearm, stun gun, and taser transfers by federally licensed |
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| firearm dealers are subject
to Section 3.1.
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| (a-5) Any person who is not a federally licensed firearm |
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| dealer and who desires to transfer or sell a firearm while that |
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| person is on the grounds of a gun show must, before selling or |
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| transferring the firearm, request the Department of State |
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| Police to conduct a background check on the prospective |
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| recipient of the firearm in accordance with Section 3.1.
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| (a-10) Any person who is not a federally licensed importer, |
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| manufacturer, or dealer and who desires to sell or transfer a |
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HB5480 Engrossed |
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LRB096 18968 DRJ 35303 b |
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| firearm of a size that may be concealed upon the person to |
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| another person, who is not a federally licensed importer, |
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| manufacturer, or dealer, shall do so only at the place of |
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| business of a federally licensed firearm dealer. The federally |
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| licensed firearm dealer shall conduct a background check on the |
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| prospective recipient of the firearm in accordance with Section |
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| 3.1 of this Act and follow all other applicable federal, State, |
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| and local laws as if he or she were the seller of the firearm. |
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| The purchaser or transferee may be required by the federally |
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| licensed firearm dealer to pay a fee not to exceed $10 per |
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| firearm, which the dealer may retain as compensation for |
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| performing the functions required under this subsection, plus |
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| the applicable fees authorized by Section 3.1. |
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| The provisions of this subsection (a-10) do not apply to: |
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| (1) transfers to the transferor's husband, wife, son, |
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| daughter, stepson, stepdaughter, father, mother, |
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| stepfather, stepmother, brother, sister, nephew, niece, |
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| uncle, aunt, grandfather, grandmother, grandson, |
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| granddaughter, father-in-law, mother-in-law, son-in-law or |
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| daughter-in-law; |
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| (2) transfers by persons acting pursuant to operation |
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| of law or a court order; or |
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| (3) transfers on the grounds of a gun show. |
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| (b) Any person within this State who transfers or causes to |
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| be
transferred any firearm, stun gun, or taser shall keep a |
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| record of such transfer for a period
of 10 years from the date |
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HB5480 Engrossed |
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LRB096 18968 DRJ 35303 b |
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| of transfer. Such record shall contain the date
of the |
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| transfer; the description, serial number or other information
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| identifying the firearm, stun gun, or taser if no serial number |
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| is available; and, if the
transfer was completed within this |
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| State, the transferee's Firearm Owner's
Identification Card |
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| number. On or after January 1, 2006, the record shall contain |
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| the date of application for transfer of the firearm. On demand |
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| of a peace officer such transferor
shall produce for inspection |
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| such record of transfer. If the transfer or sale took place at |
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| a gun show, the record shall include the unique identification |
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| number. Failure to record the unique identification number is a |
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| petty offense.
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| (b-5) Any resident may purchase ammunition from a person |
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| outside of Illinois. Any resident purchasing ammunition |
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| outside the State of Illinois must provide the seller with a |
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| copy of his or her valid Firearm Owner's Identification Card |
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| and either his or her Illinois driver's license or Illinois |
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| State Identification Card prior to the shipment of the |
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| ammunition. The ammunition may be shipped only to an address on |
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| either of those 2 documents. |
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| (c) The provisions of this Section regarding the transfer |
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| of firearm
ammunition shall not apply to those persons |
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| specified in paragraph (b) of
Section 2 of this Act.
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| (Source: P.A. 94-6, eff. 1-1-06; 94-284, eff. 7-21-05; 94-353, |
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| eff. 7-29-05; 94-571, eff. 8-12-05; 95-331, eff. 8-21-07.)
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