Full Text of SB2473 93rd General Assembly
SB2473 93RD GENERAL ASSEMBLY
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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 SB2473
Introduced 2/3/2004, by Don Harmon SYNOPSIS AS INTRODUCED: |
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Creates the Firearms Dealer Licensing Act. Requires a person who
engages in the business of selling or transferring firearms to be licensed by
the Department of State Police. Establishes qualifications for licenses.
Provides that it is a Class 4 felony to engage in the business of selling or
transferring firearms without a license. Requires a licensed firearms dealer
who sells or transfers a firearm to a person who is not a licensed dealer to
report that sale or transfer to the Department of State Police.
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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
FISCAL NOTE ACT MAY APPLY |
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A BILL FOR
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SB2473 |
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LRB093 15342 RLC 40944 b |
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| AN ACT in relation to firearms.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 1. Short title. This Act may be cited as the | 5 |
| Firearms Dealer
Licensing Act.
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| Section 5. Definitions. As used in this Act:
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| "Department" means the Department of State Police.
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| "Firearms dealer" means any person who is: (i) engaged in | 9 |
| the business
of selling firearms at wholesale or retail, (ii) | 10 |
| engaged in the business of
repairing firearms or of making or | 11 |
| fitting special barrels, stocks, or trigger
mechanisms to | 12 |
| firearms, or (iii) a pawnbroker whose business or occupation
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| includes the taking or receiving, by way of pledge or pawn, of | 14 |
| any firearm as
security for the payment or repayment of money.
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| "Licensed dealer" means any firearms dealer who is licensed | 16 |
| under both
this Act and Section 923 of the federal Gun Control | 17 |
| Act of 1968 (18 U.S.C.
923).
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| "Person" means an individual, firm, association, society, | 19 |
| partnership,
limited liability company, corporation, or other | 20 |
| entity.
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| "Crime punishable by imprisonment for a term exceeding one | 22 |
| year" does
not include:
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| (i) any federal or state offenses pertaining to | 24 |
| antitrust violations,
unfair trade practices, restraints | 25 |
| of trade, or other similar offenses
relating to the | 26 |
| regulation of business practices, or
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| (ii) any state offense classified by the laws of the | 28 |
| state as a
misdemeanor and punishable by a term of | 29 |
| imprisonment of 2 years or less.
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| What constitutes a conviction of a crime punishable by | 31 |
| imprisonment for
a term exceeding one year is determined in | 32 |
| accordance with the law of
the jurisdiction in which the |
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| proceedings were held. Any conviction that has
been expunged, | 2 |
| set aside, or for which a person has been pardoned or has had
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| civil rights restored may not be considered a conviction for | 4 |
| purposes of
this Act unless the pardon, expungement, or | 5 |
| restoration of civil rights
expressly provides that the person | 6 |
| may not possess or receive firearms.
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| "Engaged in the business" means a person who devotes time, | 8 |
| attention,
and labor to engaging in the activity as a regular | 9 |
| course of trade or business
with the principal objective of | 10 |
| livelihood and profit, but does not include a
person who makes | 11 |
| occasional repairs of firearms, or who occasionally fits
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| special barrels, stocks, or trigger mechanisms to firearms.
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| "Transfer" means the actual or attempted transfer of a | 14 |
| firearm or firearm
ammunition, with or without consideration, | 15 |
| but does not include the lease of a
firearm, or the provision | 16 |
| of ammunition specifically for that firearm, if the
firearm and | 17 |
| the ammunition are to be used on the lessor's premises, and | 18 |
| does
not include any transfer of possession when the transferor | 19 |
| maintains
supervision and control over the firearm or | 20 |
| ammunition.
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| "With the principal objective of livelihood and profit" | 22 |
| means that the
intent underlying the sale or disposition of | 23 |
| firearms is predominantly one of
obtaining livelihood and | 24 |
| pecuniary gain, as opposed to other intents, such as
improving | 25 |
| or liquidating a personal firearms collection; however, proof | 26 |
| of
profit shall not be required as to a person who engages in | 27 |
| the regular and
repetitive purchase and disposition of firearms | 28 |
| for criminal purposes or
terrorism.
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| "Terrorism" means activity directed against United States | 30 |
| residents that:
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| (i) is committed by an individual who is not a national | 32 |
| or permanent
resident alien of the United States;
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| (ii) involves violent acts or acts dangerous to human | 34 |
| life that would be
a criminal violation if committed within | 35 |
| the jurisdiction of the United
States; and
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| (iii) is intended:
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| (A) to intimidate or coerce a civilian population;
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| (B) to influence the policy of a government by | 3 |
| intimidation or
coercion; or
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| (C) to affect the conduct of a government by | 5 |
| assassination or
kidnapping.
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| "Indictment" includes an indictment or information in any | 7 |
| court under
which a crime punishable by imprisonment for a term | 8 |
| exceeding one year may be
prosecuted.
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| "Fugitive from justice" means a person who has fled from | 10 |
| any state to
avoid prosecution for a crime or to avoid giving | 11 |
| testimony in any criminal
proceeding.
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| "Firearm" has the meaning ascribed to it in Section 1.1 of | 13 |
| the Firearm
Owners Identification Card Act.
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| "Adjudicated as a disabled person" means adjudicated as a | 15 |
| disabled
person under the Probate Act of 1975 or the laws of | 16 |
| another state.
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| "Cannabis" has the meaning ascribed to it in the Cannabis | 18 |
| Control Act.
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| "Controlled substance" has the meaning ascribed to it in | 20 |
| the Illinois
Controlled Substances Act.
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| Section 10. Unlicensed firearms dealer; prohibition. No | 22 |
| person may
sell or otherwise transfer, or expose for sale or | 23 |
| transfer, or have in his or
her possession with intent to sell | 24 |
| or transfer any firearm without being
licensed under this Act. | 25 |
| This prohibition does not apply to a person who
makes | 26 |
| occasional sales, exchanges, or purchases of firearms for the
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| enhancement of a personal collection or as a hobby or who sells | 28 |
| all or part of
his or her personal collection of firearms.
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| Section 15. License application; requirements; penalty.
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| (a) The Department may grant a firearms dealer license to | 31 |
| an applicant
who submits evidence that:
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| (1) he or she is at least 21 years of age;
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| (2) he or she, including in the case of a corporation, | 34 |
| partnership, or
association, an individual possessing, |
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| directly or indirectly, the power to
direct or cause the | 2 |
| direction of the management and policies of the
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| corporation, partnership, or association:
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| (i) has not been convicted of and is not under | 5 |
| indictment for a crime
punishable by
imprisonment for a | 6 |
| term exceeding one year;
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| (ii) is not a fugitive from justice;
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| (iii) is not and has not been an unlawful user of | 9 |
| or addicted to a
controlled substance or
cannabis;
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| (iv) has not been adjudicated as a disabled person | 11 |
| or committed to a
mental
institution;
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| (v) is not an alien, illegally or unlawfully, in | 13 |
| the United States;
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| (vi) has not been discharged from the Armed Forces | 15 |
| under dishonorable
conditions; or
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| (vii) is not a former citizen of the United States | 17 |
| who has renounced his
or her
citizenship; and
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| (3) he or she does not have a mental condition that
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| poses a clear and present danger to the applicant, another | 20 |
| person, or to the
community. For purposes of this | 21 |
| subdivision (3), "mental condition" means a
state of mind | 22 |
| manifested by violent, suicidal, threatening, or | 23 |
| assaultive
behavior.
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| (b) An application for a firearms dealer license must be | 25 |
| made on forms
furnished by the Department. The application must | 26 |
| be verified by the
applicant under oath and must be accompanied | 27 |
| by the required fee.
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| (c) The applicant must submit to the Department a license | 29 |
| fee of
$300, payable at the time of application, and an | 30 |
| additional
$300
payable every 3 years thereafter for so long as | 31 |
| the license is
in effect.
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| (d) The applicant must submit to fingerprinting in | 33 |
| accordance with
rules adopted by the Department and must pay a | 34 |
| fingerprint processing fee in
the amount set by the Department | 35 |
| by rule.
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| (e) A person who knowingly makes a false statement or |
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| knowingly conceals
a material fact or uses false information or | 2 |
| identification in any application
for a license under this Act | 3 |
| commits a Class A misdemeanor.
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| (f) A license granted under this Act remains in effect | 5 |
| until it is
revoked, suspended, or otherwise withdrawn by the | 6 |
| Department or until it is
surrendered by the licensee.
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| (g) The provisions of subdivision (a)(2)(ii) do not apply | 8 |
| to a person
who has been granted relief from disabilities under | 9 |
| subsection (c) of Section
925 of Title 18 of the United States | 10 |
| Code or to a licensed dealer who is
indicted for a crime who is | 11 |
| operating under an existing license if, before the
expiration | 12 |
| of the term of the existing license, timely application is made | 13 |
| for
a new license during the term of the indictment and until | 14 |
| any conviction under
the indictment becomes final.
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| Section 20. License retention; requirements. A license | 16 |
| granted under
this Act is subject to all of the following | 17 |
| requirements:
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| (1) A licensed dealer may only transact business under this | 19 |
| Act at an
address that has a zoning classification that permits | 20 |
| the operation of a
retail establishment.
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| (2) A licensed dealer may not transact business in any | 22 |
| place other than
the premises specified in his or her license, | 23 |
| except that a licensed dealer
may display, sell, or transfer | 24 |
| firearms at a gun show open to the general
public or at any | 25 |
| regular meeting of an incorporated collectors club in
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| accordance with this Act and federal law.
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| (3) A licensed dealer may not violate any provision of any | 28 |
| federal or
state law pertaining to the possession, use, sale, | 29 |
| or delivery of firearms.
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| (4) The licensed dealer must strictly adhere to the | 31 |
| provisions of all
applicable federal and state laws and local | 32 |
| ordinances and local business
license requirements.
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| (5) A separate license must be obtained for each separate | 34 |
| place of
business. Before a licensed dealer moves his or her | 35 |
| place of business, he or
she must promptly apply to the |
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| Department for an amended license.
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| (6) The license, or a copy of the license certified by the | 3 |
| Department,
must be displayed on the premises at a location | 4 |
| where it can easily be read.
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| (7) No firearm may be displayed in any outer window of the | 6 |
| premises or
in any other place where it can readily be seen | 7 |
| from the outside.
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| (8) Every firearm must be unloaded when delivered.
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| (9) The licensee must obtain a certificate of registration | 10 |
| issued
under the Retailers' Occupation Tax Act.
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| (10) The licensee must take reasonable precautions to | 12 |
| ensure that the
firearms the licensee sells will not be used | 13 |
| illegally. These precautions
include, but are not limited to: | 14 |
| (i) the refusal to sell a firearm to a
person the licensee | 15 |
| knows or has reason to know is purchasing the firearm on
behalf | 16 |
| of another person who could not legally purchase the firearm; | 17 |
| (ii) the
refusal to sell a firearm to a person who has provided | 18 |
| a home address in a
municipality or county in which possession | 19 |
| of that type of firearm is illegal
unless the
transferee | 20 |
| presents reasonably
satisfactory evidence that the firearm | 21 |
| will not be used or possessed unlawfully
in that municipality | 22 |
| or county;
and (iii) the refusal to sell a firearm to a person | 23 |
| who has provided a home
address in a municipality or county | 24 |
| that requires registration of the firearm,
unless the purchaser | 25 |
| presents satisfactory evidence of compliance with the
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| registration requirement.
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| (11) The licensee must make available the licensee's | 28 |
| records to any
officer or employee of the Department or of any | 29 |
| unit of local government in
this State
whenever the officer or | 30 |
| employee is authorized to enforce laws or ordinances
pertaining | 31 |
| to firearms.
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| Section 25. Enforcement; revocation; notice. This Act must | 33 |
| be
enforced by the Department, and may be enforced, for the | 34 |
| purpose of
determining compliance with this Act, by any | 35 |
| municipality in which the
licensee is located or, if the |
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| licensee is not located in a municipality, by
the county in | 2 |
| which the licensee is located. The Department, after due notice
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| to the licensee and reasonable opportunity for the licensee to | 4 |
| be heard, may
revoke a license or may suspend a license for a | 5 |
| period of time that the
Department may deem proper upon | 6 |
| satisfactory proof that the licensee has
violated or permitted | 7 |
| a violation of any requirement of this Act or is no
longer | 8 |
| eligible to obtain a license under Section 15. A person whose
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| license has been revoked by the Department is disqualified to | 10 |
| receive a
license for 10 years after the revocation. Any person | 11 |
| who has substantially
participated in the operation or | 12 |
| management of a licensee that has had its
license revoked may | 13 |
| not be employed by or participate in the business of any
other | 14 |
| licensee for 10 years after the revocation. Proceedings for | 15 |
| revocation
or suspension under this Section may be initiated by | 16 |
| the Department or by a
municipality or county.
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| Section 30. Submission to Department. A licensed dealer | 18 |
| must,
within 24 hours after making a sale or transfer of a | 19 |
| firearm to a person who
is not licensed as a dealer, report | 20 |
| that sale to the Department of State
Police. The report must | 21 |
| contain the following information:
the date of the sale or | 22 |
| transfer; the identity and address of the dealer; the
name, | 23 |
| address, age, and occupation of the transferee; the price of | 24 |
| the firearm;
and the kind, description and number of the | 25 |
| firearm. All records of the
reports
must be maintained by the
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| Department on a computer database capable of allowing the | 27 |
| retrieval of
information for each dealer and each transferee.
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| The computer database must also contain a listing of each | 29 |
| county or
municipality that prohibits one or more types of | 30 |
| firearm, and the type or types
of firearms that are prohibited | 31 |
| in that county or municipality.
Information in the database
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| must be made available to any law enforcement agency | 33 |
| responsible for the
enforcement of any federal, State or local | 34 |
| law or ordinance relating to
firearms, and to any licensed | 35 |
| dealer who requests information relating to a
person who is |
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| seeking to purchase one or more firearms from that dealer.
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| Except as specifically provided in this Section, information in | 3 |
| the database
are confidential records of the Department and are | 4 |
| not subject to
disclosure
under any other law.
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| In addition to any other requirements of this Section, any | 6 |
| licensee who was
required by Section 3 of the Firearm Owners | 7 |
| Identification Card Act to keep a
record of a transfer of a | 8 |
| firearm occurring within the 24 month period
immediately | 9 |
| preceding the effective date of this Act must, no later than 30
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| days after that effective date, report those transfers to the | 11 |
| Department of
State Police. The report must contain the | 12 |
| information required to be
maintained as records under | 13 |
| subsection (b) of Section 3 of the Firearm Owners
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| Identification Card Act. The Department must include the | 15 |
| records of those
reports in the computer database required to | 16 |
| be maintained under this Section.
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| Section 35. Penalty. Any firearms dealer who sells, or who | 18 |
| possesses
with intent to sell, trade, or transfer, any firearm | 19 |
| without being licensed
under this Act is guilty of a Class 4 | 20 |
| felony.
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