97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB2026

 

Introduced 2/10/2011, by Sen. Dan Kotowski

 

SYNOPSIS AS INTRODUCED:
 
430 ILCS 65/3  from Ch. 38, par. 83-3
430 ILCS 65/3.1  from Ch. 38, par. 83-3.1

    Amends the Firearm Owners Identification Card Act. Provides that a person who is not a federally licensed importer, manufacturer, or dealer and who desires to sell or transfer a firearm of a size that may be concealed upon the person to another person, who is not a federally licensed importer, manufacturer, or dealer, shall do so only at the place of business of a federally licensed firearm dealer. Provides that the federally licensed firearm dealer shall conduct a background check on the prospective recipient of the firearm and follow all other applicable federal, State, and local laws as if he or she were the seller of the firearm. Provides that the purchaser or transferee may be required by the federally licensed firearm dealer to pay a fee not to exceed $10 per firearm, plus other authorized fees. Makes exceptions for (i) the transfer of a firearm between spouses, a parent and child, or other family members, (ii) transfers by persons acting pursuant to operation of law or a court order, or (iii) transfers on the grounds of a gun show. Provides that the Department of State Police shall develop an Internet based system for individuals to request the Department of State Police to conduct an instant criminal background check prior to the sale or transfer of a handgun. Provides that the Department of State Police shall have the system completed and available for use by July 1, 2012.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning firearms, which may be referred to as the
2Gun Trafficking and Gang Violence Prevention Act.
 
3    Be it enacted by the People of the State of Illinois,
4represented in the General Assembly:
 
5    Section 5. The Firearm Owners Identification Card Act is
6amended by changing Sections 3 and 3.1 as follows:
 
7    (430 ILCS 65/3)  (from Ch. 38, par. 83-3)
8    Sec. 3. (a) Except as provided in Section 3a, no person may
9knowingly transfer, or cause to be transferred, any firearm,
10firearm ammunition, stun gun, or taser to any person within
11this State unless the transferee with whom he deals displays a
12currently valid Firearm Owner's Identification Card which has
13previously been issued in his name by the Department of State
14Police under the provisions of this Act. In addition, all
15firearm, stun gun, and taser transfers by federally licensed
16firearm dealers are subject to Section 3.1.
17    (a-5) Any person who is not a federally licensed firearm
18dealer and who desires to transfer or sell a firearm while that
19person is on the grounds of a gun show must, before selling or
20transferring the firearm, request the Department of State
21Police to conduct a background check on the prospective
22recipient of the firearm in accordance with Section 3.1.
23    (a-10) Any person who is not a federally licensed importer,

 

 

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1manufacturer, or dealer and who desires to sell or transfer a
2firearm of a size that may be concealed upon the person to
3another person, who is not a federally licensed importer,
4manufacturer, or dealer, shall do so only at the place of
5business of a federally licensed firearm dealer. The federally
6licensed firearm dealer shall conduct a background check on the
7prospective recipient of the firearm in accordance with Section
83.1 of this Act and follow all other applicable federal, State,
9and local laws as if he or she were the seller of the firearm.
10The purchaser or transferee may be required by the federally
11licensed firearm dealer to pay a fee not to exceed $10 per
12firearm, which the dealer may retain as compensation for
13performing the functions required under this subsection, plus
14the applicable fees authorized by Section 3.1.
15    The provisions of this subsection (a-10) do not apply to:
16        (1) transfers to the transferor's husband, wife, son,
17    daughter, stepson, stepdaughter, father, mother,
18    stepfather, stepmother, brother, sister, nephew, niece,
19    uncle, aunt, grandfather, grandmother, grandson,
20    granddaughter, father-in-law, mother-in-law, son-in-law or
21    daughter-in-law;
22        (2) transfers by persons acting pursuant to operation
23    of law or a court order; or
24        (3) transfers on the grounds of a gun show.
25    (b) Any person within this State who transfers or causes to
26be transferred any firearm, stun gun, or taser shall keep a

 

 

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1record of such transfer for a period of 10 years from the date
2of transfer. Such record shall contain the date of the
3transfer; the description, serial number or other information
4identifying the firearm, stun gun, or taser if no serial number
5is available; and, if the transfer was completed within this
6State, the transferee's Firearm Owner's Identification Card
7number. On or after January 1, 2006, the record shall contain
8the date of application for transfer of the firearm. On demand
9of a peace officer such transferor shall produce for inspection
10such record of transfer. If the transfer or sale took place at
11a gun show, the record shall include the unique identification
12number. Failure to record the unique identification number is a
13petty offense.
14    (b-5) Any resident may purchase ammunition from a person
15outside of Illinois. Any resident purchasing ammunition
16outside the State of Illinois must provide the seller with a
17copy of his or her valid Firearm Owner's Identification Card
18and either his or her Illinois driver's license or Illinois
19State Identification Card prior to the shipment of the
20ammunition. The ammunition may be shipped only to an address on
21either of those 2 documents.
22    (c) The provisions of this Section regarding the transfer
23of firearm ammunition shall not apply to those persons
24specified in paragraph (b) of Section 2 of this Act.
25(Source: P.A. 94-6, eff. 1-1-06; 94-284, eff. 7-21-05; 94-353,
26eff. 7-29-05; 94-571, eff. 8-12-05; 95-331, eff. 8-21-07.)
 

 

 

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1    (430 ILCS 65/3.1)  (from Ch. 38, par. 83-3.1)
2    Sec. 3.1. Dial up system.
3    (a) The Department of State Police shall provide a dial up
4telephone system or utilize other existing technology which
5shall be used by any federally licensed firearm dealer, gun
6show promoter, or gun show vendor who is to transfer a firearm,
7stun gun, or taser under the provisions of this Act. The
8Department of State Police may utilize existing technology
9which allows the caller to be charged a fee not to exceed $2.
10Fees collected by the Department of State Police shall be
11deposited in the State Police Services Fund and used to provide
12the service.
13    (b) Upon receiving a request from a federally licensed
14firearm dealer, gun show promoter, or gun show vendor, the
15Department of State Police shall immediately approve, or within
16the time period established by Section 24-3 of the Criminal
17Code of 1961 regarding the delivery of firearms, stun guns, and
18tasers notify the inquiring dealer, gun show promoter, or gun
19show vendor of any objection that would disqualify the
20transferee from acquiring or possessing a firearm, stun gun, or
21taser. In conducting the inquiry, the Department of State
22Police shall initiate and complete an automated search of its
23criminal history record information files and those of the
24Federal Bureau of Investigation, including the National
25Instant Criminal Background Check System, and of the files of

 

 

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1the Department of Human Services relating to mental health and
2developmental disabilities to obtain any felony conviction or
3patient hospitalization information which would disqualify a
4person from obtaining or require revocation of a currently
5valid Firearm Owner's Identification Card.
6    (c) If receipt of a firearm would not violate Section 24-3
7of the Criminal Code of 1961, federal law, or this Act the
8Department of State Police shall:
9        (1) assign a unique identification number to the
10    transfer; and
11        (2) provide the licensee, gun show promoter, or gun
12    show vendor with the number.
13    (d) Approvals issued by the Department of State Police for
14the purchase of a firearm are valid for 30 days from the date
15of issue.
16    (e) (1) The Department of State Police must act as the
17Illinois Point of Contact for the National Instant Criminal
18Background Check System.
19    (2) The Department of State Police and the Department of
20Human Services shall, in accordance with State and federal law
21regarding confidentiality, enter into a memorandum of
22understanding with the Federal Bureau of Investigation for the
23purpose of implementing the National Instant Criminal
24Background Check System in the State. The Department of State
25Police shall report the name, date of birth, and physical
26description of any person prohibited from possessing a firearm

 

 

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1pursuant to the Firearm Owners Identification Card Act or 18
2U.S.C. 922(g) and (n) to the National Instant Criminal
3Background Check System Index, Denied Persons Files.
4    (f) The Department of State Police shall promulgate rules
5not inconsistent with this Section to implement this system.
6    (g) The Department of State Police shall develop an
7Internet based system for individuals to request the Department
8of State Police to conduct an instant criminal background check
9prior to the sale or transfer of a handgun. The Department of
10State Police shall have the system completed and available for
11use by July 1, 2012. The Department shall promulgate rules not
12inconsistent with this Section to implement this system.
13(Source: P.A. 94-6, eff. 1-1-06; 94-353, eff. 7-29-05; 95-331,
14eff. 8-21-07; 95-564, eff. 6-1-08.)