Full Text of SB2280 95th General Assembly
SB2280 95TH GENERAL ASSEMBLY
|
|
|
95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 SB2280
Introduced 2/14/2008, by Sen. John J. Cullerton SYNOPSIS AS INTRODUCED: |
|
430 ILCS 65/1.1 |
from Ch. 38, par. 83-1.1 |
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 the requirements of sales of firearms at a gun show apply to private sales or transfers of handguns by persons who are not federally licensed firearm dealers. Exempts transfers between spouses, a parent and child, or a grandparent and grandchild. Also exempts transfers by persons acting pursuant to operation of law or a court order.
|
| |
|
|
| FISCAL NOTE ACT MAY APPLY | |
|
|
A BILL FOR
|
|
|
|
|
SB2280 |
|
LRB095 15182 RLC 41162 b |
|
| 1 |
| AN ACT concerning firearms.
| 2 |
| Be it enacted by the People of the State of Illinois,
| 3 |
| represented in the General Assembly:
| 4 |
| Section 5. The Firearm Owners Identification Card Act is | 5 |
| amended by changing Sections 1.1, 3, and 3.1 as follows:
| 6 |
| (430 ILCS 65/1.1) (from Ch. 38, par. 83-1.1)
| 7 |
| (Text of Section after amendment by P.A. 95-581 ) | 8 |
| Sec. 1.1. For purposes of this Act:
| 9 |
| "Has been adjudicated as a mental defective" means the | 10 |
| person is the subject of a determination by a court, board, | 11 |
| commission or other lawful authority that a person, as a result | 12 |
| of marked subnormal intelligence, or mental illness, mental | 13 |
| impairment, incompetency, condition, or disease: | 14 |
| (1) is a danger to himself, herself, or to others; | 15 |
| (2) lacks the mental capacity to manage his or her own | 16 |
| affairs; | 17 |
| (3) is not guilty in a criminal case by reason of | 18 |
| insanity, mental disease or defect; | 19 |
| (4) is incompetent to stand trial in a criminal case; | 20 |
| (5) is not guilty by reason of lack of mental | 21 |
| responsibility pursuant to Articles 50a and 72b of the | 22 |
| Uniform Code of Military Justice, 10 U.S.C. 850a, 876b.
| 23 |
| "Counterfeit" means to copy or imitate, without legal |
|
|
|
SB2280 |
- 2 - |
LRB095 15182 RLC 41162 b |
|
| 1 |
| authority, with
intent
to deceive. | 2 |
| "Federally licensed firearm dealer" means a person who is | 3 |
| licensed as a federal firearms dealer under Section 923 of the | 4 |
| federal Gun Control Act of 1968 (18 U.S.C. 923).
| 5 |
| "Firearm" means any device, by
whatever name known, which | 6 |
| is designed to expel a projectile or projectiles
by the action | 7 |
| of an explosion, expansion of gas or escape of gas; excluding,
| 8 |
| however:
| 9 |
| (1) any pneumatic gun, spring gun, paint ball gun or | 10 |
| B-B gun which
either expels a single globular projectile | 11 |
| not exceeding .18 inch in
diameter and which has a maximum | 12 |
| muzzle velocity of less than 700 feet
per second or | 13 |
| breakable paint balls containing washable marking colors;
| 14 |
| (2) any device used exclusively for signalling or | 15 |
| safety and required or
recommended by the United States | 16 |
| Coast Guard or the Interstate Commerce
Commission;
| 17 |
| (3) any device used exclusively for the firing of stud | 18 |
| cartridges,
explosive rivets or similar industrial | 19 |
| ammunition; and
| 20 |
| (4) an antique firearm (other than a machine-gun) | 21 |
| which, although
designed as a weapon, the Department of | 22 |
| State Police finds by reason of
the date of its | 23 |
| manufacture, value, design, and other characteristics is
| 24 |
| primarily a collector's item and is not likely to be used | 25 |
| as a weapon.
| 26 |
| "Firearm ammunition" means any self-contained cartridge or |
|
|
|
SB2280 |
- 3 - |
LRB095 15182 RLC 41162 b |
|
| 1 |
| shotgun
shell, by whatever name known, which is designed to be | 2 |
| used or adaptable to
use in a firearm; excluding, however:
| 3 |
| (1) any ammunition exclusively designed for use with a | 4 |
| device used
exclusively for signalling or safety and | 5 |
| required or recommended by the
United States Coast Guard or | 6 |
| the Interstate Commerce Commission; and
| 7 |
| (2) any ammunition designed exclusively for use with a | 8 |
| stud or rivet
driver or other similar industrial | 9 |
| ammunition. | 10 |
| "Gun show" means an event or function: | 11 |
| (1) at which the sale and transfer of firearms is the | 12 |
| regular and normal course of business and where 50 or more | 13 |
| firearms are displayed, offered, or exhibited for sale, | 14 |
| transfer, or exchange; or | 15 |
| (2) at which not less than 10 gun show vendors display, | 16 |
| offer, or exhibit for sale, sell, transfer, or exchange | 17 |
| firearms.
| 18 |
| "Gun show" includes the entire premises provided for an | 19 |
| event or function, including parking areas for the event or | 20 |
| function, that is sponsored to facilitate the purchase, sale, | 21 |
| transfer, or exchange of firearms as described in this Section.
| 22 |
| "Gun show" does not include training or safety classes, | 23 |
| competitive shooting events, such as rifle, shotgun, or handgun | 24 |
| matches, trap, skeet, or sporting clays shoots, dinners, | 25 |
| banquets, raffles, or
any other event where the sale or | 26 |
| transfer of firearms is not the primary course of business. |
|
|
|
SB2280 |
- 4 - |
LRB095 15182 RLC 41162 b |
|
| 1 |
| "Gun show promoter" means a person who organizes or | 2 |
| operates a gun show. | 3 |
| "Gun show vendor" means a person who exhibits, sells, | 4 |
| offers for sale, transfers, or exchanges any firearms at a gun | 5 |
| show, regardless of whether the person arranges with a gun show | 6 |
| promoter for a fixed location from which to exhibit, sell, | 7 |
| offer for sale, transfer, or exchange any firearm. | 8 |
| "Handgun" has the meaning ascribed to it in clause (h)(2) | 9 |
| of subsection (A) of Section 24-3 of the Criminal Code of 1961. | 10 |
| "Private sale or transfer of a handgun" means the sale or | 11 |
| transfer of a handgun or handguns by or among 2 or more persons | 12 |
| who are not federally licensed firearm dealers. | 13 |
| "Private seller" means a person who is not a federally | 14 |
| licensed firearm dealer. | 15 |
| "Sanctioned competitive shooting event" means a shooting | 16 |
| contest officially recognized by a national or state shooting | 17 |
| sport association, and includes any sight-in or practice | 18 |
| conducted in conjunction with the event.
| 19 |
| "Stun gun or taser" has the meaning ascribed to it in | 20 |
| Section 24-1 of the Criminal Code of 1961. | 21 |
| (Source: P.A. 94-6, eff. 1-1-06; 94-353, eff. 7-29-05; 95-331, | 22 |
| eff. 8-21-07; 95-581, eff. 6-1-08.)
| 23 |
| (430 ILCS 65/3) (from Ch. 38, par. 83-3)
| 24 |
| Sec. 3. (a) Except as provided in Section 3a, no person may | 25 |
| knowingly
transfer, or cause to be transferred, any firearm, |
|
|
|
SB2280 |
- 5 - |
LRB095 15182 RLC 41162 b |
|
| 1 |
| firearm ammunition, stun gun, or taser to any person within | 2 |
| this State unless the
transferee with whom he deals displays a | 3 |
| currently valid Firearm Owner's
Identification Card which has | 4 |
| previously been issued in his name by the
Department of State | 5 |
| Police under the provisions of this Act. In addition,
all | 6 |
| firearm, stun gun, and taser transfers by federally licensed | 7 |
| firearm dealers are subject
to Section 3.1.
| 8 |
| (a-5) Any person who is not a federally licensed firearm | 9 |
| dealer and who desires to transfer or sell a firearm while that | 10 |
| person is on the grounds of a gun show or with respect to a | 11 |
| private sale or transfer of a handgun or handguns at a private | 12 |
| sale or transfer must, before selling or transferring the | 13 |
| firearm, request the Department of State Police to conduct a | 14 |
| background check on the prospective recipient of the firearm in | 15 |
| accordance with Section 3.1.
| 16 |
| (b) Any person within this State who transfers or causes to | 17 |
| be
transferred any firearm, stun gun, or taser shall keep a | 18 |
| record of such transfer for a period
of 10 years from the date | 19 |
| of transfer. Such record shall contain the date
of the | 20 |
| transfer; the description, serial number or other information
| 21 |
| identifying the firearm, stun gun, or taser if no serial number | 22 |
| is available; and, if the
transfer was completed within this | 23 |
| State, the transferee's Firearm Owner's
Identification Card | 24 |
| number. On or after January 1, 2006, the record shall contain | 25 |
| the date of application for transfer of the firearm. On demand | 26 |
| of a peace officer such transferor
shall produce for inspection |
|
|
|
SB2280 |
- 6 - |
LRB095 15182 RLC 41162 b |
|
| 1 |
| such record of transfer. If the transfer or sale took place at | 2 |
| a gun show or private sale or transfer , the record shall | 3 |
| include the unique identification number. Failure to record the | 4 |
| unique identification number is a petty offense.
| 5 |
| (b-5) Any resident may purchase ammunition from a person | 6 |
| outside of Illinois. Any resident purchasing ammunition | 7 |
| outside the State of Illinois must provide the seller with a | 8 |
| copy of his or her valid Firearm Owner's Identification Card | 9 |
| and either his or her Illinois driver's license or Illinois | 10 |
| State Identification Card prior to the shipment of the | 11 |
| ammunition. The ammunition may be shipped only to an address on | 12 |
| either of those 2 documents. | 13 |
| (c) The provisions of this Section regarding the transfer | 14 |
| of firearm
ammunition shall not apply to those persons | 15 |
| specified in paragraph (b) of
Section 2 of this Act.
| 16 |
| (d) The provisions of this Section regarding the private | 17 |
| sale or transfer of a handgun or handguns does not apply to: | 18 |
| (1) Transfers between spouses, a parent and child, or a | 19 |
| grandparent and grandchild.
| 20 |
| (2) Transfers by persons acting pursuant to operation | 21 |
| of law or a court order.
| 22 |
| (Source: P.A. 94-6, eff. 1-1-06; 94-284, eff. 7-21-05; 94-353, | 23 |
| eff. 7-29-05; 94-571, eff. 8-12-05; 95-331, eff. 8-21-07.)
| 24 |
| (430 ILCS 65/3.1) (from Ch. 38, par. 83-3.1)
| 25 |
| (Text of Section after amendment by P.A. 95-564 ) |
|
|
|
SB2280 |
- 7 - |
LRB095 15182 RLC 41162 b |
|
| 1 |
| Sec. 3.1. Dial up system. | 2 |
| (a) The Department of State Police shall provide
a dial up | 3 |
| telephone system or utilize other existing technology which | 4 |
| shall be used by any federally licensed
firearm dealer, gun | 5 |
| show promoter, or gun show vendor , or with respect to a private | 6 |
| sale or transfer of a handgun or handguns, private seller who | 7 |
| is to transfer a firearm, stun gun, or taser under the | 8 |
| provisions of this
Act. The Department of State Police may | 9 |
| utilize existing technology which
allows the caller to be | 10 |
| charged a fee not to exceed $2. Fees collected by the | 11 |
| Department of
State Police shall be deposited in the State | 12 |
| Police Services Fund and used
to provide the service.
| 13 |
| (b) Upon receiving a request from a federally licensed | 14 |
| firearm dealer, gun show promoter, or gun show vendor , or | 15 |
| private seller , the
Department of State Police shall | 16 |
| immediately approve, or within the time
period established by | 17 |
| Section 24-3 of the Criminal Code of 1961 regarding
the | 18 |
| delivery of firearms, stun guns, and tasers notify the | 19 |
| inquiring dealer, gun show promoter, or gun show vendor , or | 20 |
| private seller of any objection that
would disqualify the | 21 |
| transferee from acquiring or possessing a firearm, stun gun, or | 22 |
| taser. In
conducting the inquiry, the Department of State | 23 |
| Police shall initiate and
complete an automated search of its | 24 |
| criminal history record information
files and those of the | 25 |
| Federal Bureau of Investigation, including the
National | 26 |
| Instant Criminal Background Check System, and of the files of
|
|
|
|
SB2280 |
- 8 - |
LRB095 15182 RLC 41162 b |
|
| 1 |
| the Department of Human Services relating to mental health and
| 2 |
| developmental disabilities to obtain
any felony conviction or | 3 |
| patient hospitalization information which would
disqualify a | 4 |
| person from obtaining or require revocation of a currently
| 5 |
| valid Firearm Owner's Identification Card. | 6 |
| (c) If receipt of a firearm would not violate Section 24-3 | 7 |
| of the Criminal Code of 1961, federal law, or this Act the | 8 |
| Department 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 , or private seller with the number. | 13 |
| (d) Approvals issued by the Department of State Police for | 14 |
| the purchase of a firearm are valid for 30 days from the date | 15 |
| of issue.
| 16 |
| (e) (1) The Department of State Police must act as the | 17 |
| Illinois Point of Contact
for the National Instant Criminal | 18 |
| Background Check System. | 19 |
| (2) The Department of State Police and the Department of | 20 |
| Human Services shall, in accordance with State and federal law | 21 |
| regarding confidentiality, enter into a memorandum of | 22 |
| understanding with the Federal Bureau of Investigation for the | 23 |
| purpose of implementing the National Instant Criminal | 24 |
| Background Check System in the State. The Department of State | 25 |
| Police shall report the name, date of birth, and physical | 26 |
| description of any person prohibited from possessing a firearm |
|
|
|
SB2280 |
- 9 - |
LRB095 15182 RLC 41162 b |
|
| 1 |
| pursuant to the Firearm Owners Identification Card Act or 18 | 2 |
| U.S.C. 922(g) and (n) to the National Instant Criminal | 3 |
| Background Check System Index, Denied Persons Files.
| 4 |
| (e-5) The provisions of this Section regarding the private | 5 |
| sale or transfer of a handgun or handguns do not apply to: | 6 |
| (1) Transfers between spouses, a parent and child, or a | 7 |
| grandparent and grandchild.
| 8 |
| (2) Transfers by persons acting pursuant to operation | 9 |
| of law or a court order.
| 10 |
| (f) The Department of State Police shall promulgate rules | 11 |
| not inconsistent with this Section to implement this
system.
| 12 |
| (Source: P.A. 94-6, eff. 1-1-06; 94-353, eff. 7-29-05; 95-331, | 13 |
| eff. 8-21-07; 95-564, eff. 6-1-08.)
|
|