Illinois General Assembly - Full Text of SB3737
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Full Text of SB3737  103rd General Assembly

SB3737 103RD GENERAL ASSEMBLY

 


 
103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB3737

 

Introduced 2/9/2024, by Sen. Ram Villivalam

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Firearm Owners Identification Card Act. Provides that the Internet-based system for determining the validity of a Firearm Owner's Identification Card shall include a written notice, in both English and Spanish, of a firearm owner's obligation to report to local law enforcement any lost or stolen firearm within 48 hours after the owner first discovers the loss or theft. Provides that within one year after the effective date of the amendatory Act, the Illinois State Police shall create an electronic portal into which law enforcement and prosecutors shall report individuals who have failed to report the loss or theft of a firearm. Provides that upon the issuance and each renewal of a Firearm Owner's Identification Card, the Illinois State Police shall advise the applicant or holder in writing, in both English and Spanish, of his or her obligation to report to local law enforcement any lost or stolen firearm within 48 hours after he or she first discovers the loss or theft. Provides that the Illinois State Police has authority to deny an application for or to revoke and seize a Firearm Owner's Identification Card previously issued under the Act if a card holder fails to report a loss or theft of a firearm within 48 hours of the discovery of such loss or theft to local law enforcement. Amends the Criminal Code of 2012. Provides that if a person who possesses a valid Firearm Owner's Identification Card and who possesses or acquires a firearm thereafter loses the firearm, or if the firearm is stolen from the person, the person must report the loss or theft of any such firearm to the local law enforcement agency within 48 (rather than 72) hours after obtaining knowledge of the loss or theft. Increases the penalty for failure to report a lost or stolen firearm to the local law enforcement agency from a petty offense to a Class A misdemeanor for a first offense and from a Class A misdemeanor to a Class 4 felony for a second or subsequent offense. Changes the elements of the offenses of firearms trafficking, possession of a stolen firearm, and aggravated possession of a stolen firearm. Amends the Firearm Concealed Carry Act and the Firearm Dealer License Certification Act to make conforming changes.


LRB103 35672 RLC 68750 b

 

 

A BILL FOR

 

SB3737LRB103 35672 RLC 68750 b

1    AN ACT concerning safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Firearm Owners Identification Card Act is
5amended by changing Sections 3, 8, and 8.1 and by adding
6Section 7.10 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
12either: (1) a currently valid Firearm Owner's Identification
13Card which has previously been issued in his or her name by the
14Illinois State Police under the provisions of this Act; or (2)
15a currently valid license to carry a concealed firearm which
16has previously been issued in his or her name by the Illinois
17State Police under the Firearm Concealed Carry Act. In
18addition, all firearm, stun gun, and taser transfers by
19federally licensed firearm dealers are subject to Section 3.1.
20    (a-5) Any person who is not a federally licensed firearm
21dealer and who desires to transfer or sell a firearm while that
22person is on the grounds of a gun show must, before selling or
23transferring the firearm, request the Illinois State Police to

 

 

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1conduct a background check on the prospective recipient of the
2firearm in accordance with Section 3.1.
3    (a-10) Notwithstanding item (2) of subsection (a) of this
4Section, any person who is not a federally licensed firearm
5dealer and who desires to transfer or sell a firearm or
6firearms to any person who is not a federally licensed firearm
7dealer shall, before selling or transferring the firearms,
8contact a federal firearm license dealer under paragraph (1)
9of subsection (a-15) of this Section to conduct the transfer
10or the Illinois State Police with the transferee's or
11purchaser's Firearm Owner's Identification Card number to
12determine the validity of the transferee's or purchaser's
13Firearm Owner's Identification Card under State and federal
14law, including the National Instant Criminal Background Check
15System. This subsection shall not be effective until July 1,
162023. Until that date the transferor shall contact the
17Illinois State Police with the transferee's or purchaser's
18Firearm Owner's Identification Card number to determine the
19validity of the card. The Illinois State Police may adopt
20rules concerning the implementation of this subsection. The
21Illinois State Police shall provide the seller or transferor
22an approval number if the purchaser's Firearm Owner's
23Identification Card is valid. Approvals issued by the Illinois
24State Police for the purchase of a firearm pursuant to this
25subsection are valid for 30 days from the date of issue.
26    (a-15) The provisions of subsection (a-10) of this Section

 

 

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1do not apply to:
2        (1) transfers that occur at the place of business of a
3    federally licensed firearm dealer, if the federally
4    licensed firearm dealer conducts a background check on the
5    prospective recipient of the firearm in accordance with
6    Section 3.1 of this Act and follows all other applicable
7    federal, State, and local laws as if he or she were the
8    seller or transferor of the firearm, although the dealer
9    is not required to accept the firearm into his or her
10    inventory. The purchaser or transferee may be required by
11    the federally licensed firearm dealer to pay a fee not to
12    exceed $25 per firearm, which the dealer may retain as
13    compensation for performing the functions required under
14    this paragraph, plus the applicable fees authorized by
15    Section 3.1;
16        (2) transfers as a bona fide gift to the transferor's
17    husband, wife, son, daughter, stepson, stepdaughter,
18    father, mother, stepfather, stepmother, brother, sister,
19    nephew, niece, uncle, aunt, grandfather, grandmother,
20    grandson, granddaughter, father-in-law, mother-in-law,
21    son-in-law, or daughter-in-law;
22        (3) transfers by persons acting pursuant to operation
23    of law or a court order;
24        (4) transfers on the grounds of a gun show under
25    subsection (a-5) of this Section;
26        (5) the delivery of a firearm by its owner to a

 

 

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1    gunsmith for service or repair, the return of the firearm
2    to its owner by the gunsmith, or the delivery of a firearm
3    by a gunsmith to a federally licensed firearms dealer for
4    service or repair and the return of the firearm to the
5    gunsmith;
6        (6) temporary transfers that occur while in the home
7    of the unlicensed transferee, if the unlicensed transferee
8    is not otherwise prohibited from possessing firearms and
9    the unlicensed transferee reasonably believes that
10    possession of the firearm is necessary to prevent imminent
11    death or great bodily harm to the unlicensed transferee;
12        (7) transfers to a law enforcement or corrections
13    agency or a law enforcement or corrections officer acting
14    within the course and scope of his or her official duties;
15        (8) transfers of firearms that have been rendered
16    permanently inoperable to a nonprofit historical society,
17    museum, or institutional collection; and
18        (9) transfers to a person who is exempt from the
19    requirement of possessing a Firearm Owner's Identification
20    Card under Section 2 of this Act.
21    (a-20) The Illinois State Police shall develop an
22Internet-based system for individuals to determine the
23validity of a Firearm Owner's Identification Card prior to the
24sale or transfer of a firearm. The Illinois State Police shall
25have the Internet-based system updated and available for use
26by January 1, 2024. The Illinois State Police shall adopt

 

 

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1rules not inconsistent with this Section to implement this
2system; but no rule shall allow the Illinois State Police to
3retain records in contravention of State and federal law. The
4Internet-based system shall include a written notice, in both
5English and Spanish, of a firearm owner's obligation to report
6to local law enforcement any lost or stolen firearm within 48
7hours after the owner first discovers the loss or theft.
8    (a-25) On or before January 1, 2022, the Illinois State
9Police shall develop an Internet-based system upon which the
10serial numbers of firearms that have been reported stolen are
11available for public access for individuals to ensure any
12firearms are not reported stolen prior to the sale or transfer
13of a firearm under this Section. The Illinois State Police
14shall have the Internet-based system completed and available
15for use by July 1, 2022. The Illinois State Police shall adopt
16rules not inconsistent with this Section to implement this
17system.
18    (a-30) Within one year after the effective date of this
19amendatory Act of the 103rd General Assembly, the Illinois
20State Police shall create an electronic portal into which law
21enforcement and prosecutors shall report individuals who have
22failed to report the loss or theft of a firearm pursuant to
23Section 24-4.1 of the Criminal Code of 2012.
24    (b) Any person within this State who transfers or causes
25to be transferred any firearm, stun gun, or taser shall keep a
26record of such transfer for a period of 10 years from the date

 

 

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1of transfer. Any person within this State who receives any
2firearm, stun gun, or taser pursuant to subsection (a-10)
3shall provide a record of the transfer within 10 days of the
4transfer to a federally licensed firearm dealer and shall not
5be required to maintain a transfer record. The federally
6licensed firearm dealer shall maintain the transfer record for
720 years from the date of receipt. A federally licensed
8firearm dealer may charge a fee not to exceed $25 to retain the
9record. The record shall be provided and maintained in either
10an electronic or paper format. The federally licensed firearm
11dealer shall not be liable for the accuracy of any information
12in the transfer record submitted pursuant to this Section.
13Such records shall contain the date of the transfer; the
14description, serial number or other information identifying
15the firearm, stun gun, or taser if no serial number is
16available; and, if the transfer was completed within this
17State, the transferee's Firearm Owner's Identification Card
18number and any approval number or documentation provided by
19the Illinois State Police pursuant to subsection (a-10) of
20this Section; if the transfer was not completed within this
21State, the record shall contain the name and address of the
22transferee. On or after January 1, 2006, the record shall
23contain the date of application for transfer of the firearm.
24On demand of a peace officer such transferor shall produce for
25inspection such record of transfer. For any transfer pursuant
26to subsection (a-10) of this Section, on the demand of a peace

 

 

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1officer, such transferee shall identify the federally licensed
2firearm dealer maintaining the transfer record. If the
3transfer or sale took place at a gun show, the record shall
4include the unique identification number. Failure to record
5the unique identification number or approval number is a petty
6offense. For transfers of a firearm, stun gun, or taser made on
7or after January 18, 2019 (the effective date of Public Act
8100-1178), failure by the private seller to maintain the
9transfer records in accordance with this Section, or failure
10by a transferee pursuant to subsection a-10 of this Section to
11identify the federally licensed firearm dealer maintaining the
12transfer record, is a Class A misdemeanor for the first
13offense and a Class 4 felony for a second or subsequent offense
14occurring within 10 years of the first offense and the second
15offense was committed after conviction of the first offense.
16Whenever any person who has not previously been convicted of
17any violation of subsection (a-5), the court may grant
18supervision pursuant to and consistent with the limitations of
19Section 5-6-1 of the Unified Code of Corrections. A transferee
20or transferor shall not be criminally liable under this
21Section provided that he or she provides the Illinois State
22Police with the transfer records in accordance with procedures
23established by the Illinois State Police. The Illinois State
24Police shall establish, by rule, a standard form on its
25website.
26    (b-5) Any resident may purchase ammunition from a person

 

 

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1within or outside of Illinois if shipment is by United States
2mail or by a private express carrier authorized by federal law
3to ship ammunition. Any resident purchasing ammunition within
4or outside the State of Illinois must provide the seller with a
5copy of his or her valid Firearm Owner's Identification Card
6or valid concealed carry license and either his or her
7Illinois driver's license or Illinois State Identification
8Card prior to the shipment of the ammunition. The ammunition
9may be shipped only to an address on either of those 2
10documents.
11    (c) The provisions of this Section regarding the transfer
12of firearm ammunition shall not apply to those persons
13specified in paragraph (b) of Section 2 of this Act.
14(Source: P.A. 102-237, eff. 1-1-24; 102-538, eff. 8-20-21;
15102-813, eff. 5-13-22; 102-1116, eff. 1-10-23.)
 
16    (430 ILCS 65/7.10 new)
17    Sec. 7.10. Notice of obligation to report lost or stolen
18firearm. Upon the issuance and each renewal of a Firearm
19Owner's Identification Card, the Illinois State Police shall
20advise the applicant or holder in writing, in both English and
21Spanish, of his or her obligation to report to local law
22enforcement any lost or stolen firearm within 48 hours after
23he or she first discovers the loss or theft.
 
24    (430 ILCS 65/8)  (from Ch. 38, par. 83-8)

 

 

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1    Sec. 8. Grounds for denial and revocation. The Illinois
2State Police has authority to deny an application for or to
3revoke and seize a Firearm Owner's Identification Card
4previously issued under this Act only if the Illinois State
5Police finds that the applicant or the person to whom such card
6was issued is or was at the time of issuance:
7        (a) A person under 21 years of age who has been
8    convicted of a misdemeanor other than a traffic offense or
9    adjudged delinquent;
10        (b) This subsection (b) applies through the 180th day
11    following July 12, 2019 (the effective date of Public Act
12    101-80). A person under 21 years of age who does not have
13    the written consent of his parent or guardian to acquire
14    and possess firearms and firearm ammunition, or whose
15    parent or guardian has revoked such written consent, or
16    where such parent or guardian does not qualify to have a
17    Firearm Owner's Identification Card;
18        (b-5) This subsection (b-5) applies on and after the
19    181st day following July 12, 2019 (the effective date of
20    Public Act 101-80). A person under 21 years of age who is
21    not an active duty member of the United States Armed
22    Forces or the Illinois National Guard and does not have
23    the written consent of his or her parent or guardian to
24    acquire and possess firearms and firearm ammunition, or
25    whose parent or guardian has revoked such written consent,
26    or where such parent or guardian does not qualify to have a

 

 

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1    Firearm Owner's Identification Card;
2        (c) A person convicted of a felony under the laws of
3    this or any other jurisdiction;
4        (d) A person addicted to narcotics;
5        (e) A person who has been a patient of a mental health
6    facility within the past 5 years or a person who has been a
7    patient in a mental health facility more than 5 years ago
8    who has not received the certification required under
9    subsection (u) of this Section. An active law enforcement
10    officer employed by a unit of government or a Department
11    of Corrections employee authorized to possess firearms who
12    is denied, revoked, or has his or her Firearm Owner's
13    Identification Card seized under this subsection (e) may
14    obtain relief as described in subsection (c-5) of Section
15    10 of this Act if the officer or employee did not act in a
16    manner threatening to the officer or employee, another
17    person, or the public as determined by the treating
18    clinical psychologist or physician, and the officer or
19    employee seeks mental health treatment;
20        (f) A person whose mental condition is of such a
21    nature that it poses a clear and present danger to the
22    applicant, any other person or persons, or the community;
23        (g) A person who has an intellectual disability;
24        (h) A person who intentionally makes a false statement
25    in the Firearm Owner's Identification Card application or
26    endorsement affidavit;

 

 

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1        (i) A noncitizen who is unlawfully present in the
2    United States under the laws of the United States;
3        (i-5) A noncitizen who has been admitted to the United
4    States under a non-immigrant visa (as that term is defined
5    in Section 101(a)(26) of the Immigration and Nationality
6    Act (8 U.S.C. 1101(a)(26))), except that this subsection
7    (i-5) does not apply to any noncitizen who has been
8    lawfully admitted to the United States under a
9    non-immigrant visa if that noncitizen is:
10            (1) admitted to the United States for lawful
11        hunting or sporting purposes;
12            (2) an official representative of a foreign
13        government who is:
14                (A) accredited to the United States Government
15            or the Government's mission to an international
16            organization having its headquarters in the United
17            States; or
18                (B) en route to or from another country to
19            which that noncitizen is accredited;
20            (3) an official of a foreign government or
21        distinguished foreign visitor who has been so
22        designated by the Department of State;
23            (4) a foreign law enforcement officer of a
24        friendly foreign government entering the United States
25        on official business; or
26            (5) one who has received a waiver from the

 

 

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1        Attorney General of the United States pursuant to 18
2        U.S.C. 922(y)(3);
3        (j) (Blank);
4        (k) A person who has been convicted within the past 5
5    years of battery, assault, aggravated assault, violation
6    of an order of protection, or a substantially similar
7    offense in another jurisdiction, in which a firearm was
8    used or possessed;
9        (l) A person who has been convicted of domestic
10    battery, aggravated domestic battery, or a substantially
11    similar offense in another jurisdiction committed before,
12    on or after January 1, 2012 (the effective date of Public
13    Act 97-158). If the applicant or person who has been
14    previously issued a Firearm Owner's Identification Card
15    under this Act knowingly and intelligently waives the
16    right to have an offense described in this paragraph (l)
17    tried by a jury, and by guilty plea or otherwise, results
18    in a conviction for an offense in which a domestic
19    relationship is not a required element of the offense but
20    in which a determination of the applicability of 18 U.S.C.
21    922(g)(9) is made under Section 112A-11.1 of the Code of
22    Criminal Procedure of 1963, an entry by the court of a
23    judgment of conviction for that offense shall be grounds
24    for denying an application for and for revoking and
25    seizing a Firearm Owner's Identification Card previously
26    issued to the person under this Act;

 

 

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1        (m) (Blank);
2        (n) A person who is prohibited from acquiring or
3    possessing firearms or firearm ammunition by any Illinois
4    State statute or by federal law;
5        (o) A minor subject to a petition filed under Section
6    5-520 of the Juvenile Court Act of 1987 alleging that the
7    minor is a delinquent minor for the commission of an
8    offense that if committed by an adult would be a felony;
9        (p) An adult who had been adjudicated a delinquent
10    minor under the Juvenile Court Act of 1987 for the
11    commission of an offense that if committed by an adult
12    would be a felony;
13        (q) A person who is not a resident of the State of
14    Illinois, except as provided in subsection (a-10) of
15    Section 4;
16        (r) A person who has been adjudicated as a person with
17    a mental disability;
18        (s) A person who has been found to have a
19    developmental disability;
20        (t) A person involuntarily admitted into a mental
21    health facility; or
22        (u) A person who has had his or her Firearm Owner's
23    Identification Card revoked or denied under subsection (e)
24    of this Section or item (iv) of paragraph (2) of
25    subsection (a) of Section 4 of this Act because he or she
26    was a patient in a mental health facility as provided in

 

 

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1    subsection (e) of this Section, shall not be permitted to
2    obtain a Firearm Owner's Identification Card, after the
3    5-year period has lapsed, unless he or she has received a
4    mental health evaluation by a physician, clinical
5    psychologist, or qualified examiner as those terms are
6    defined in the Mental Health and Developmental
7    Disabilities Code, and has received a certification that
8    he or she is not a clear and present danger to himself,
9    herself, or others. The physician, clinical psychologist,
10    or qualified examiner making the certification and his or
11    her employer shall not be held criminally, civilly, or
12    professionally liable for making or not making the
13    certification required under this subsection, except for
14    willful or wanton misconduct. This subsection does not
15    apply to a person whose firearm possession rights have
16    been restored through administrative or judicial action
17    under Section 10 or 11 of this Act; or
18        (v) A person who fails to report a loss or theft of a
19    firearm within 48 hours of the discovery of such loss or
20    theft to local law enforcement as required under
21    subsection (a) of Section 24-4.1 of the Criminal Code of
22    2012.
23    Upon revocation of a person's Firearm Owner's
24Identification Card, the Illinois State Police shall provide
25notice to the person and the person shall comply with Section
269.5 of this Act.

 

 

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1(Source: P.A. 101-80, eff. 7-12-19; 102-538, eff. 8-20-21;
2102-645, eff. 1-1-22; 102-813, eff. 5-13-22; 102-1030, eff.
35-27-22; 102-1116, eff. 1-10-23.)
 
4    (430 ILCS 65/8.1)  (from Ch. 38, par. 83-8.1)
5    Sec. 8.1. Notifications to the Illinois State Police.
6    (a) The Circuit Clerk shall, in the form and manner
7required by the Supreme Court, notify the Illinois State
8Police of all final dispositions of cases for which the
9Department has received information reported to it under
10Sections 2.1 and 2.2 of the Criminal Identification Act.
11    (b) Upon adjudication of any individual as a person with a
12mental disability as defined in Section 1.1 of this Act or a
13finding that a person has been involuntarily admitted, the
14court shall direct the circuit court clerk to immediately
15notify the Illinois State Police, Firearm Owner's
16Identification (FOID) department, and shall forward a copy of
17the court order to the Department.
18    (b-1) Beginning July 1, 2016, and each July 1 and December
1930 of every year thereafter, the circuit court clerk shall, in
20the form and manner prescribed by the Illinois State Police,
21notify the Illinois State Police, Firearm Owner's
22Identification (FOID) department if the court has not directed
23the circuit court clerk to notify the Illinois State Police,
24Firearm Owner's Identification (FOID) department under
25subsection (b) of this Section, within the preceding 6 months,

 

 

SB3737- 16 -LRB103 35672 RLC 68750 b

1because no person has been adjudicated as a person with a
2mental disability by the court as defined in Section 1.1 of
3this Act or if no person has been involuntarily admitted. The
4Supreme Court may adopt any orders or rules necessary to
5identify the persons who shall be reported to the Illinois
6State Police under subsection (b), or any other orders or
7rules necessary to implement the requirements of this Act.
8    (c) The Department of Human Services shall, in the form
9and manner prescribed by the Illinois State Police, report all
10information collected under subsection (b) of Section 12 of
11the Mental Health and Developmental Disabilities
12Confidentiality Act for the purpose of determining whether a
13person who may be or may have been a patient in a mental health
14facility is disqualified under State or federal law from
15receiving or retaining a Firearm Owner's Identification Card,
16or purchasing a weapon.
17    (d) If a person is determined to pose a clear and present
18danger to himself, herself, or to others:
19        (1) by a physician, clinical psychologist, or
20    qualified examiner, or is determined to have a
21    developmental disability by a physician, clinical
22    psychologist, or qualified examiner, whether employed by
23    the State or privately, then the physician, clinical
24    psychologist, or qualified examiner shall, within 24 hours
25    of making the determination, notify the Department of
26    Human Services that the person poses a clear and present

 

 

SB3737- 17 -LRB103 35672 RLC 68750 b

1    danger or has a developmental disability; or
2        (2) by a law enforcement official or school
3    administrator, then the law enforcement official or school
4    administrator shall, within 24 hours of making the
5    determination, notify the Illinois State Police that the
6    person poses a clear and present danger.
7    The Department of Human Services shall immediately update
8its records and information relating to mental health and
9developmental disabilities, and if appropriate, shall notify
10the Illinois State Police in a form and manner prescribed by
11the Illinois State Police. The Illinois State Police shall
12determine whether to revoke the person's Firearm Owner's
13Identification Card under Section 8 of this Act. Any
14information disclosed under this subsection shall remain
15privileged and confidential, and shall not be redisclosed,
16except as required under subsection (e) of Section 3.1 of this
17Act, nor used for any other purpose. The method of providing
18this information shall guarantee that the information is not
19released beyond what is necessary for the purpose of this
20Section and shall be provided by rule by the Department of
21Human Services. The identity of the person reporting under
22this Section shall not be disclosed to the subject of the
23report. The physician, clinical psychologist, qualified
24examiner, law enforcement official, or school administrator
25making the determination and his or her employer shall not be
26held criminally, civilly, or professionally liable for making

 

 

SB3737- 18 -LRB103 35672 RLC 68750 b

1or not making the notification required under this subsection,
2except for willful or wanton misconduct.
3    (d-5) If a law enforcement official determines that a
4person has failed to report a lost or stolen firearm as
5required by Section 24-4.1 of the Criminal Code of 2012, then
6the law enforcement official shall, within 24 hours of making
7that determination, notify the Illinois State Police that the
8person has failed to report a lost or stolen firearm. The law
9enforcement official shall notify the Illinois State Police in
10a form and manner prescribed by the Illinois State Police. The
11Illinois State Police shall determine whether to revoke the
12person's Firearm Owner's Identification Card under Section 8
13of this Act. Any information disclosed under this subsection
14shall remain privileged and confidential, and shall not be
15redisclosed, except as required under subsection (e) of
16Section 3.1 of this Act, nor used for any other purpose.
17    (e) The Illinois State Police shall adopt rules to
18implement this Section.
19(Source: P.A. 102-538, eff. 8-20-21.)
 
20    Section 10. The Firearm Concealed Carry Act is amended by
21adding Section 56 as follows:
 
22    (430 ILCS 66/56 new)
23    Sec. 56. Notice of obligation to report lost or stolen
24firearm. Upon the issuance and each renewal of a concealed

 

 

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1carry license, the Illinois State Police shall advise the
2applicant or licensee in writing, in both English and Spanish,
3of his or her obligation to report to local law enforcement any
4lost or stolen firearm within 48 hours after he or she first
5discovers the theft or loss.
 
6    Section 15. The Firearm Dealer License Certification Act
7is amended by changing Section 5-20 as follows:
 
8    (430 ILCS 68/5-20)
9    Sec. 5-20. Additional licensee requirements.
10    (a) A certified licensee shall make a photo copy of a
11buyer's or transferee's valid photo identification card
12whenever a firearm sale transaction takes place. The photo
13copy shall be attached to the documentation detailing the
14record of sale.
15    (b) A certified licensee shall post in a conspicuous
16position on the premises where the licensee conducts business
17a sign that contains the following warning in block letters
18not less than one inch in height:
19        "With few exceptions enumerated in the Firearm Owners
20    Identification Card Act, it is unlawful for you to:
21            (A) store or leave an unsecured firearm in a place
22        where a child can obtain access to it;
23            (B) sell or transfer your firearm to someone else
24        without receiving approval for the transfer from the

 

 

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1        Illinois State Police, or
2            (C) fail to report the loss or theft of your
3        firearm to local law enforcement within 72 hours.".
4This sign shall be created by the Illinois State Police and
5made available for printing or downloading from the Illinois
6State Police's website.
7    (c) No retail location established after the effective
8date of this Act shall be located within 500 feet of any
9school, pre-school, or day care facility in existence at its
10location before the retail location is established as measured
11from the nearest corner of the building holding the retail
12location to the corner of the school, pre-school, or day care
13facility building nearest the retail location at the time the
14retail location seeks licensure.
15    (d) A certified dealer who sells or transfers a firearm
16shall notify the purchaser or the recipient, orally and in
17writing, in both English and Spanish, at the time of the sale
18or transfer, that the owner of a firearm is required to report
19a lost or stolen firearm to local law enforcement within 48
20hours after the owner first discovers the loss or theft. The
21Illinois State Police shall create a written notice, in both
22English and Spanish, that certified dealers shall provide
23firearm purchasers or transferees in accordance with this
24provision and make such notice available for printing or
25downloading from the Illinois State Police website.
26(Source: P.A. 102-538, eff. 8-20-21.)
 

 

 

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1    Section 20. The Criminal Code of 2012 is amended by
2changing Sections 24-3.8, 24-3.9, 24-3B, and 24-4.1 as
3follows:
 
4    (720 ILCS 5/24-3.8)
5    Sec. 24-3.8. Possession of a stolen firearm.
6    (a) A person commits possession of a stolen firearm when
7he or she, not being entitled to the possession of a firearm,
8possesses the firearm while he or she knows or reasonably
9should know the firearm , knowing it to have been stolen or
10converted. The trier of fact may infer that a person who
11possesses a firearm with knowledge that its serial number has
12been removed or altered has knowledge or reasonably should
13know that the firearm is stolen or converted. The trier of fact
14may, but is not required to, infer that a person who possesses
15a firearm with a serial number reported as stolen on the
16Illinois State Police publicly accessible stolen firearm
17database under subsection (a-25) of Section 3 of the Firearm
18Owners Identification Card Act knows or reasonably should know
19that the firearm is stolen or converted.
20    (b) Possession of a stolen firearm is a Class 2 felony.
21(Source: P.A. 97-597, eff. 1-1-12; incorporates 97-347, eff.
221-1-12; 97-1109, eff. 1-1-13.)
 
23    (720 ILCS 5/24-3.9)

 

 

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1    Sec. 24-3.9. Aggravated possession of a stolen firearm.
2    (a) A person commits aggravated possession of a stolen
3firearm when he or she:
4        (1) Not being entitled to the possession of not less
5    than 2 and not more than 5 firearms, possesses those
6    firearms at the same time or within a one-year period,
7    knows or reasonably should know knowing the firearms to
8    have been stolen or converted.
9        (2) Not being entitled to the possession of not less
10    than 6 and not more than 10 firearms, possesses those
11    firearms at the same time or within a 2-year period, knows
12    or reasonably should know knowing the firearms to have
13    been stolen or converted.
14        (3) Not being entitled to the possession of not less
15    than 11 and not more than 20 firearms, possesses those
16    firearms at the same time or within a 3-year period, knows
17    or reasonably should know knowing the firearms to have
18    been stolen or converted.
19        (4) Not being entitled to the possession of not less
20    than 21 and not more than 30 firearms, possesses those
21    firearms at the same time or within a 4-year period, knows
22    or reasonably should know knowing the firearms to have
23    been stolen or converted.
24        (5) Not being entitled to the possession of more than
25    30 firearms, possesses those firearms at the same time or
26    within a 5-year period, knows or reasonably should know

 

 

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1    knowing the firearms to have been stolen or converted.
2    (b) The trier of fact may infer that a person who possesses
3a firearm with knowledge that its serial number has been
4removed or altered has knowledge or reasonably should know
5that the firearm is stolen or converted. The trier of fact may,
6but is not required to, infer that a person who possesses a
7firearm with a serial number reported as stolen on the
8Illinois State Police publicly accessible stolen firearm
9database under subsection (a-25) of Section 3 of the Firearm
10Owners Identification Card Act knows or reasonably should know
11that the firearm is stolen or converted.
12    (c) Sentence.
13        (1) A person who violates paragraph (1) of subsection
14    (a) of this Section commits a Class 1 felony.
15        (2) A person who violates paragraph (2) of subsection
16    (a) of this Section commits a Class X felony for which he
17    or she shall be sentenced to a term of imprisonment of not
18    less than 6 years and not more than 30 years.
19        (3) A person who violates paragraph (3) of subsection
20    (a) of this Section commits a Class X felony for which he
21    or she shall be sentenced to a term of imprisonment of not
22    less than 6 years and not more than 40 years.
23        (4) A person who violates paragraph (4) of subsection
24    (a) of this Section commits a Class X felony for which he
25    or she shall be sentenced to a term of imprisonment of not
26    less than 6 years and not more than 50 years.

 

 

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1        (5) A person who violates paragraph (5) of subsection
2    (a) of this Section commits a Class X felony for which he
3    or she shall be sentenced to a term of imprisonment of not
4    less than 6 years and not more than 60 years.
5(Source: P.A. 97-597, eff. 1-1-12; incorporates 97-347, eff.
61-1-12; 97-1109, eff. 1-1-13.)
 
7    (720 ILCS 5/24-3B)
8    Sec. 24-3B. Firearms trafficking.
9    (a) A person commits firearms trafficking when he or she
10has not been issued a currently valid Firearm Owner's
11Identification Card and knowingly:
12        (1) brings, or causes to be brought, into this State,
13    a firearm or firearm ammunition for the purpose of sale,
14    delivery, or transfer to any other person or with the
15    intent to sell, deliver, or transfer the firearm or
16    firearm ammunition to any other person; or
17        (2) brings, or causes to be brought, into this State,
18    a firearm and firearm ammunition for the purpose of sale,
19    delivery, or transfer to any other person or with the
20    intent to sell, deliver, or transfer the firearm and
21    firearm ammunition to any other person; or
22        (3) transports in a vehicle any stolen firearm or a
23    firearm the possessor reasonably should know was stolen on
24    an expressway in this State.
25    (a-1) The trier of fact may, but is not required to, infer

 

 

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1that a person who possesses a firearm with a serial number
2reported as stolen on the Illinois State Police publicly
3accessible stolen firearm database under subsection (a-25) of
4Section 3 of the Firearm Owners Identification Card Act knows
5or reasonably should know that the firearm is stolen or
6converted.
7    (a-2) In this Section, "expressway" has the meaning
8provided in Section 1-119.3 of the Illinois Vehicle Code.
9    (a-5) This Section does not apply to:
10        (1) a person exempt under Section 2 of the Firearm
11    Owners Identification Card Act from the requirement of
12    having possession of a Firearm Owner's Identification Card
13    previously issued in his or her name by the Illinois State
14    Police in order to acquire or possess a firearm or firearm
15    ammunition;
16        (2) a common carrier under subsection (i) of Section
17    24-2 of this Code; or
18        (3) a non-resident who may lawfully possess a firearm
19    in his or her resident state.
20    (b) Sentence.
21        (1) Firearms trafficking is a Class 1 felony for which
22    the person, if sentenced to a term of imprisonment, shall
23    be sentenced to not less than 4 years and not more than 20
24    years.
25        (2) Firearms trafficking by a person who has been
26    previously convicted of firearms trafficking, gunrunning,

 

 

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1    or a felony offense for the unlawful sale, delivery, or
2    transfer of a firearm or firearm ammunition in this State
3    or another jurisdiction is a Class X felony.
4(Source: P.A. 102-538, eff. 8-20-21.)
 
5    (720 ILCS 5/24-4.1)
6    Sec. 24-4.1. Report of lost or stolen firearms.
7    (a) If a person who possesses a valid Firearm Owner's
8Identification Card and who possesses or acquires a firearm
9thereafter loses the firearm, or if the firearm is stolen from
10the person, the person must report the loss or theft of any
11such firearm to the local law enforcement agency within 48 72
12hours after obtaining knowledge of the loss or theft. The
13report shall include:
14        (1) the date the firearm was lost or stolen;
15        (2) the exact location where the firearm was lost or
16    stolen or, if the exact location is not known, the last
17    known location of the firearm;
18        (3) the caliber, make, model, and serial number of the
19    firearm; and
20        (4) a description of the circumstances under which the
21    firearm was lost or stolen.
22    (b) A law enforcement agency having jurisdiction shall
23take a written report and shall, as soon as practical, and in
24no event later than 48 hours after receiving the report, enter
25the information and the firearm's serial number as stolen into

 

 

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1the Law Enforcement Agencies Data System (LEADS).
2    (c) A person shall not be in violation of this Section if:
3        (1) the failure to report is due to an act of God, act
4    of war, or inability of a law enforcement agency to
5    receive the report;
6        (2) the person is hospitalized, in a coma, or is
7    otherwise seriously physically or mentally impaired as to
8    prevent the person from reporting; or
9        (3) the person's designee makes a report if the person
10    is unable to make the report.
11    (d) Sentence. A person who violates this Section is guilty
12of a Class A misdemeanor petty offense for a first violation. A
13second or subsequent violation of this Section is a Class 4
14felony A misdemeanor.
15    (e) The failure to report a loss or theft of a firearm
16within 48 hours of the discovery of such loss or theft as
17required under subsection (a) shall result in revocation of
18the person's Firearm Owner's Identification Card. Pursuant to
19subsection (a) of Section 10 of the Firearm Owners
20Identification Card Act, a person whose card is revoked under
21this Section may file a record challenge with the Director of
22the Illinois State Police as provided in subsection (a-10) of
23Section 10 of that Act or appeal to the Firearm Owner's
24Identification Card Review Board for relief as provided in
25subsection (c) of Section 10 of that Act.
26    (f) A prosecution for an offense under this Section may be

 

 

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1commenced within 3 years after the discovery by law
2enforcement or prosecution of the failure to report the theft
3or loss of a firearm as required under subsection (a).
4(Source: P.A. 98-508, eff. 8-19-13.)

 

 

SB3737- 29 -LRB103 35672 RLC 68750 b

1 INDEX
2 Statutes amended in order of appearance
3    430 ILCS 65/3from Ch. 38, par. 83-3
4    430 ILCS 65/7.10 new
5    430 ILCS 65/8from Ch. 38, par. 83-8
6    430 ILCS 65/8.1from Ch. 38, par. 83-8.1
7    430 ILCS 66/56 new
8    430 ILCS 68/5-20
9    720 ILCS 5/24-3.8
10    720 ILCS 5/24-3.9
11    720 ILCS 5/24-3B
12    720 ILCS 5/24-4.1