Full Text of HB1405 099th General Assembly
HB1405 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 HB1405 Introduced , by Rep. Kelly M. Cassidy 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 |
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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, 2016.
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| 1 | | AN ACT concerning safety.
| 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 3 and 3.1 as follows: | 6 | | (430 ILCS 65/3) (from Ch. 38, par. 83-3) | 7 | | Sec. 3. (a) Except as provided in Section 3a, no person may | 8 | | knowingly
transfer, or cause to be transferred, any firearm, | 9 | | firearm ammunition, stun gun, or taser to any person within | 10 | | this State unless the
transferee with whom he deals displays a | 11 | | currently valid Firearm Owner's
Identification Card which has | 12 | | previously been issued in his name by the
Department of State | 13 | | Police under the provisions of this Act. In addition,
all | 14 | | firearm, stun gun, and taser transfers by federally licensed | 15 | | firearm dealers are subject
to Section 3.1. | 16 | | (a-5) Any person who is not a federally licensed firearm | 17 | | dealer and who desires to transfer or sell a firearm while that | 18 | | person is on the grounds of a gun show must, before selling or | 19 | | transferring the firearm, request the Department of State | 20 | | Police to conduct a background check on the prospective | 21 | | recipient of the firearm in accordance with Section 3.1.
| 22 | | (a-10) Any person who is not a federally licensed firearm | 23 | | dealer and who desires to transfer or sell a firearm or |
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| 1 | | firearms to any person who is not a federally licensed firearm | 2 | | dealer shall, before selling or transferring the firearms, | 3 | | contact the Department of State Police with the transferee's or | 4 | | purchaser's Firearm Owner's Identification Card number to | 5 | | determine the validity of the transferee's or purchaser's | 6 | | Firearm Owner's Identification Card. This subsection shall not | 7 | | be effective until January 1, 2014. The Department of State | 8 | | Police may adopt rules concerning the implementation of this | 9 | | subsection. The Department of State Police shall provide the | 10 | | seller or transferor an approval number if the purchaser's | 11 | | Firearm Owner's Identification Card is valid. Approvals issued | 12 | | by the Department for the purchase of a firearm pursuant to | 13 | | this subsection are valid for 30 days from the date of issue. | 14 | | (a-15) The provisions of subsection (a-10) of this Section | 15 | | do not apply to: | 16 | | (1) transfers that occur at the place of business of a | 17 | | federally licensed firearm dealer, if the federally | 18 | | licensed firearm dealer conducts a background check on the | 19 | | prospective recipient of the firearm in accordance with | 20 | | Section 3.1 of this Act and follows all other applicable | 21 | | federal, State, and local laws as if he or she were the | 22 | | seller or transferor of the firearm, although the dealer is | 23 | | not required to accept the firearm into his or her | 24 | | inventory. The purchaser or transferee may be required by | 25 | | the federally licensed firearm dealer to pay a fee not to | 26 | | exceed $10 per firearm, which the dealer may retain as |
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| 1 | | compensation for performing the functions required under | 2 | | this paragraph, plus the applicable fees authorized by | 3 | | Section 3.1; | 4 | | (2) transfers as a bona fide gift to the transferor's | 5 | | husband, wife, son, daughter, stepson, stepdaughter, | 6 | | father, mother, stepfather, stepmother, brother, sister, | 7 | | nephew, niece, uncle, aunt, grandfather, grandmother, | 8 | | grandson, granddaughter, father-in-law, mother-in-law, | 9 | | son-in-law, or daughter-in-law; | 10 | | (3) transfers by persons acting pursuant to operation | 11 | | of law or a court order; | 12 | | (4) transfers on the grounds of a gun show under | 13 | | subsection (a-5) of this Section; | 14 | | (5) the delivery of a firearm by its owner to a | 15 | | gunsmith for service or repair, the return of the firearm | 16 | | to its owner by the gunsmith, or the delivery of a firearm | 17 | | by a gunsmith to a federally licensed firearms dealer for | 18 | | service or repair and the return of the firearm to the | 19 | | gunsmith; | 20 | | (6) temporary transfers that occur while in the home of | 21 | | the unlicensed transferee, if the unlicensed transferee is | 22 | | not otherwise prohibited from possessing firearms and the | 23 | | unlicensed transferee reasonably believes that possession | 24 | | of the firearm is necessary to prevent imminent death or | 25 | | great bodily harm to the unlicensed transferee; | 26 | | (7) transfers to a law enforcement or corrections |
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| 1 | | agency or a law enforcement or corrections officer acting | 2 | | within the course and scope of his or her official duties; | 3 | | (8) transfers of firearms that have been rendered | 4 | | permanently inoperable to a nonprofit historical society, | 5 | | museum, or institutional collection; and | 6 | | (9) transfers to a person who is exempt from the | 7 | | requirement of possessing a Firearm Owner's Identification | 8 | | Card under Section 2 of this Act. | 9 | | (a-20) The Department of State Police shall develop an | 10 | | Internet-based system for individuals to determine the | 11 | | validity of a Firearm Owner's Identification Card prior to the | 12 | | sale or transfer of a firearm. The Department shall have the | 13 | | Internet-based system completed and available for use by July | 14 | | 1, 2015. The Department shall adopt rules not inconsistent with | 15 | | this Section to implement this system. | 16 | | (a-25) Any person who is not a federally licensed importer, | 17 | | manufacturer, or dealer and who desires to sell or transfer a | 18 | | firearm of a size that may be concealed upon the person to | 19 | | another person, who is not a federally licensed importer, | 20 | | manufacturer, or dealer, shall do so only at the place of | 21 | | business of a federally licensed firearm dealer. The federally | 22 | | licensed firearm dealer shall conduct a background check on the | 23 | | prospective recipient of the firearm in accordance with Section | 24 | | 3.1 of this Act and follow all other applicable federal, State, | 25 | | and local laws as if he or she were the seller of the firearm. | 26 | | The purchaser or transferee may be required by the federally |
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| 1 | | licensed firearm dealer to pay a fee not to exceed $10 per | 2 | | firearm, which the dealer may retain as compensation for | 3 | | performing the functions required under this subsection, plus | 4 | | the applicable fees authorized by Section 3.1. | 5 | | The provisions of this subsection (a-25) do not apply to: | 6 | | (1) transfers to the transferor's husband, wife, son, | 7 | | daughter, stepson, stepdaughter, father, mother, | 8 | | stepfather, stepmother, brother, sister, nephew, niece, | 9 | | uncle, aunt, grandfather, grandmother, grandson, | 10 | | granddaughter, father-in-law, mother-in-law, son-in-law or | 11 | | daughter-in-law; | 12 | | (2) transfers by persons acting pursuant to operation | 13 | | of law or a court order; or | 14 | | (3) transfers on the grounds of a gun show. | 15 | | (b) Any person within this State who transfers or causes to | 16 | | be
transferred any firearm, stun gun, or taser shall keep a | 17 | | record of such transfer for a period
of 10 years from the date | 18 | | of transfer. Such record shall contain the date
of the | 19 | | transfer; the description, serial number or other information
| 20 | | identifying the firearm, stun gun, or taser if no serial number | 21 | | is available; and, if the
transfer was completed within this | 22 | | State, the transferee's Firearm Owner's
Identification Card | 23 | | number and any approval number or documentation provided by the | 24 | | Department of State Police pursuant to subsection (a-10) of | 25 | | this Section. On or after January 1, 2006, the record shall | 26 | | contain the date of application for transfer of the firearm. On |
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| 1 | | demand of a peace officer such transferor
shall produce for | 2 | | inspection such record of transfer. If the transfer or sale | 3 | | took place at a gun show, the record shall include the unique | 4 | | identification number. Failure to record the unique | 5 | | identification number or approval number is a petty offense.
| 6 | | (b-5) Any resident may purchase ammunition from a person | 7 | | within or outside of Illinois if shipment is by United States | 8 | | mail or by a private express carrier authorized by federal law | 9 | | to ship ammunition. Any resident purchasing ammunition within | 10 | | or outside the State of Illinois must provide the seller with a | 11 | | copy of his or her valid Firearm Owner's Identification Card | 12 | | and either his or her Illinois driver's license or Illinois | 13 | | State Identification Card prior to the shipment of the | 14 | | ammunition. The ammunition may be shipped only to an address on | 15 | | either of those 2 documents. | 16 | | (c) The provisions of this Section regarding the transfer | 17 | | of firearm
ammunition shall not apply to those persons | 18 | | specified in paragraph (b) of
Section 2 of this Act. | 19 | | (Source: P.A. 97-1135, eff. 12-4-12; 98-508, eff. 8-19-13.)
| 20 | | (430 ILCS 65/3.1) (from Ch. 38, par. 83-3.1)
| 21 | | Sec. 3.1. Dial up system. | 22 | | (a) The Department of State Police shall provide
a dial up | 23 | | telephone system or utilize other existing technology which | 24 | | shall be used by any federally licensed
firearm dealer, gun | 25 | | show promoter, or gun show vendor who is to transfer a firearm, |
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| 1 | | stun gun, or taser under the provisions of this
Act. The | 2 | | Department of State Police may utilize existing technology | 3 | | which
allows the caller to be charged a fee not to exceed $2. | 4 | | Fees collected by the Department of
State Police shall be | 5 | | deposited in the State Police Services Fund and used
to provide | 6 | | the service.
| 7 | | (b) Upon receiving a request from a federally licensed | 8 | | firearm dealer, gun show promoter, or gun show vendor, the
| 9 | | Department of State Police shall immediately approve, or within | 10 | | the time
period established by Section 24-3 of the Criminal | 11 | | Code of 2012 regarding
the delivery of firearms, stun guns, and | 12 | | tasers notify the inquiring dealer, gun show promoter, or gun | 13 | | show vendor of any objection that
would disqualify the | 14 | | transferee from acquiring or possessing a firearm, stun gun, or | 15 | | taser. In
conducting the inquiry, the Department of State | 16 | | Police shall initiate and
complete an automated search of its | 17 | | criminal history record information
files and those of the | 18 | | Federal Bureau of Investigation, including the
National | 19 | | Instant Criminal Background Check System, and of the files of
| 20 | | the Department of Human Services relating to mental health and
| 21 | | developmental disabilities to obtain
any felony conviction or | 22 | | patient hospitalization information which would
disqualify a | 23 | | person from obtaining or require revocation of a currently
| 24 | | valid Firearm Owner's Identification Card. | 25 | | (c) If receipt of a firearm would not violate Section 24-3 | 26 | | of the Criminal Code of 2012, federal law, or this Act the |
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| 1 | | Department of State Police shall: | 2 | | (1) assign a unique identification number to the | 3 | | transfer; and | 4 | | (2) provide the licensee, gun show promoter, or gun | 5 | | show vendor with the number. | 6 | | (d) Approvals issued by the Department of State Police for | 7 | | the purchase of a firearm are valid for 30 days from the date | 8 | | of issue.
| 9 | | (e) (1) The Department of State Police must act as the | 10 | | Illinois Point of Contact
for the National Instant Criminal | 11 | | Background Check System. | 12 | | (2) The Department of State Police and the Department of | 13 | | Human Services shall, in accordance with State and federal law | 14 | | regarding confidentiality, enter into a memorandum of | 15 | | understanding with the Federal Bureau of Investigation for the | 16 | | purpose of implementing the National Instant Criminal | 17 | | Background Check System in the State. The Department of State | 18 | | Police shall report the name, date of birth, and physical | 19 | | description of any person prohibited from possessing a firearm | 20 | | pursuant to the Firearm Owners Identification Card Act or 18 | 21 | | U.S.C. 922(g) and (n) to the National Instant Criminal | 22 | | Background Check System Index, Denied Persons Files.
| 23 | | (3) The Department of State Police shall provide notice of | 24 | | the disqualification of a person under subsection (b) of this | 25 | | Section or the revocation of a person's Firearm Owner's | 26 | | Identification Card under Section 8 of this Act, and the reason |
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| 1 | | for the disqualification or revocation, to all law enforcement | 2 | | agencies with jurisdiction to assist with the seizure of the | 3 | | person's Firearm Owner's Identification Card. | 4 | | (f) The Department of State Police shall adopt rules not | 5 | | inconsistent with this Section to implement this
system.
| 6 | | (g) The Department of State Police shall develop an | 7 | | Internet based system for individuals to request the Department | 8 | | of State Police to conduct an instant criminal background check | 9 | | prior to the sale or transfer of a handgun. The Department of | 10 | | State Police shall have the system completed and available for | 11 | | use by July 1, 2016. The Department shall adopt rules not | 12 | | inconsistent with this Section to implement this system. | 13 | | (Source: P.A. 97-1150, eff. 1-25-13; 98-63, eff. 7-9-13.)
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