Full Text of HB6918 093rd General Assembly
HB6918 93RD GENERAL ASSEMBLY
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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 HB6918
Introduced 02/09/04, by Harry Osterman SYNOPSIS AS INTRODUCED: |
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Amends the Firearm Owners Identification Card Act. Provides that a person, who is not a federally licensed firearm dealer, who desires to transfer or sell a firearm while that person is on the grounds of a gun show, must prior to the sale or transfer of the firearm: (1) request the Department of State Police to conduct a background check on the transferor and the prospective transferee of a firearm; (2) provide certain information to the Department; and (3) receive an approval from the Department of State Police, that after a background check was conducted, nothing in the records accessed by the Department, shall prohibit based on State or federal law, the purchaser from purchasing or possessing a firearm. Provides that failure to comply with these requirements is a Class A misdemeanor. Provides that failure to comply with these requirements is a Class 2 felony if the person has 2 or more previous convictions for these violations.
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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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HB6918 |
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LRB093 18558 RLC 44279 b |
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| AN ACT concerning firearms.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Firearm Owners Identification Card Act is | 5 |
| amended by adding
Section
3.5 as follows:
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| (430 ILCS 65/3.5 new)
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| Sec. 3.5. Private transfers of firearms by persons | 8 |
| attending gun shows.
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| (a) To ensure that, prior to any sale or transfer of a | 10 |
| firearm at a gun show
in the State of
Illinois, a background | 11 |
| check is conducted on the transferor and the transferee
of the | 12 |
| firearm, the
Department of State Police shall establish a | 13 |
| system which shall be available
for requests from
individuals | 14 |
| selling or transferring firearms at a gun show, other than a
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| federally licensed firearms
dealer, to conduct background | 16 |
| checks under this system.
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| The Department of State Police shall utilize technology | 18 |
| which allows the
person
to be charged a fee
equivalent to the | 19 |
| cost of providing the service. The fee may not exceed $2, | 20 |
| however. Fees collected by the
Department of State Police
shall | 21 |
| be deposited in the State Police Services Fund and used to | 22 |
| provide the
service.
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| The Department of State Police shall establish a service of | 24 |
| conducting
background checks for
individuals selling or | 25 |
| transferring firearms at a gun show, other than a
federally | 26 |
| licensed firearm
dealer. Gun show promoters and other | 27 |
| interested parties shall access the
background check system
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| through a process established by the Department of State | 29 |
| Police.
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| Upon receiving a request from an individual selling or | 31 |
| transferring firearms
at
a gun show, other than
a federally | 32 |
| licensed firearm dealer, the Department of State Police shall
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HB6918 |
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LRB093 18558 RLC 44279 b |
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| provide, during the initial
transferor inquiry, an approval, | 2 |
| denial, or conditional denial of the transfer.
The time period | 3 |
| for the
Department to respond shall begin at the time the | 4 |
| inquiry is received. When the
Department
provides a conditional | 5 |
| denial, the transferor shall not transfer the firearm until
an | 6 |
| approval is provided
by the Department. However, if any | 7 |
| approval or denial is not provided in
accordance with the Brady
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| Handgun Violence Prevention Act (Brady Act, 1993), Title 18 | 9 |
| U.S. Code, Section
922(t) and in
Section 24-3 of the Criminal | 10 |
| Code of 1961, the transfer may proceed. Failure of
the | 11 |
| Department to
provide an approval or denial within the | 12 |
| prescribed length of times does not
relieve the transferor
from | 13 |
| compliance with any other statutory restrictions on firearm | 14 |
| transfers.
Regardless of the
requirements of this Section, | 15 |
| transactions must comply with all State and
federal firearm | 16 |
| laws.
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| (b) Any person who is not a federally licensed firearm | 18 |
| dealer and who desires
to transfer or sell a
firearm while that | 19 |
| person is on the grounds of a gun show must, prior to the
sale | 20 |
| or transfer of the
firearm:
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| (1) Request the Department of State Police to conduct a | 22 |
| background check
on the
transferor and the prospective | 23 |
| transferee of a firearm and shall provide the
following
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| information to the Department:
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| (A) A valid Firearm Owner's Identification Card | 26 |
| number of the
transferor and transferee.
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| (B) The telephone number of the transferor and | 28 |
| transferee.
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| (C) The type of firearm (long gun or short gun).
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| (2) Receive an approval from the Department of State | 31 |
| Police that, after a
background
check was conducted, | 32 |
| nothing in the records accessed by the Department shall
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| prohibit, based on State or federal law, the purchaser from | 34 |
| purchasing or
possessing a
firearm.
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| (c) From the background check under this Section, the | 36 |
| Department of State
Police shall:
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HB6918 |
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LRB093 18558 RLC 44279 b |
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| (1) Determine from records and other information | 2 |
| available to it whether
the
recipient is disqualified under | 3 |
| State or federal laws from completing the
transfer or is
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| otherwise prohibited by State or federal law from | 5 |
| purchasing or possessing a
firearm;
and
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| (2) Notify the transferor when a recipient is | 7 |
| disqualified from completing
the transfer
or provide the | 8 |
| transferor with a unique approval number indicating that | 9 |
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recipient
is qualified to complete the transfer. The | 10 |
| unique approval number is a permit
valid
for 30 days for | 11 |
| the requested transfer. If the firearm is not transferred | 12 |
| from
the
transfer to the recipient within 30 days after | 13 |
| receipt of the unique approval
number, a
new request must | 14 |
| be made by the transferor.
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| (d) The Department of State Police shall provide, during | 16 |
| the initial
transferor inquiry,
an approval, denial, or | 17 |
| conditional denial of the transfer. The time period for
the
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| Department to respond shall begin at the time the inquiry is | 19 |
| received. When the
Department provides a conditional denial, | 20 |
| the transferor shall not transfer the
firearm
until an approval | 21 |
| is provided by the Department. However, if any approval or
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| denial
is not provided in accordance with the Brady Handgun | 23 |
| Violence Prevention Act
(Brady Act, 1993), Title 18 U.S. Code, | 24 |
| Section 922(t) or in Section 24-3 of
the
Criminal Code of 1961, | 25 |
| the transfer may proceed. Failure of the Department to
provide | 26 |
| an approval or denial within the prescribed length of times | 27 |
| does not
relieve
the transferor from compliance with any other | 28 |
| statutory restrictions on firearm
transfers. Regardless of the | 29 |
| requirements of this Section, transactions must
comply with
all | 30 |
| State and federal firearm laws.
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| (e) A public employee or public agency incurs no criminal | 32 |
| or civil liability
for performing the
background checks | 33 |
| required by this Section, provided the employee or agency
acts | 34 |
| in good faith
without malice.
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| (f) A transferor other than a gun dealer may not transfer a | 36 |
| firearm at a gun
show unless the
transferor:
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LRB093 18558 RLC 44279 b |
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| (1) Requests a background check under this Section | 2 |
| prior to completing the
transferor;
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| (2) Receives notification that the recipient is | 4 |
| qualified to complete the
transfer;
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| (3) Has complied with Section 24-3 of the Criminal Code | 6 |
| of 1961; and
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| (4) Has the recipient complete the form described in | 8 |
| this Section.
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| (g) The transferor shall retain the completed form referred | 10 |
| to in subsection
(h) of this Section
for at least 10 years and | 11 |
| shall make the completed form available to law
enforcement | 12 |
| agencies for the
purpose of criminal investigations. A gun show | 13 |
| promoter shall post in a
prominent place at the gun
show a | 14 |
| notice explaining the requirements of this Section. The gun | 15 |
| show
promoter shall provide the
form required by subsection (h) | 16 |
| of this Section to any person transferring a
firearm at the gun | 17 |
| show.
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| (h) The Department of State Police shall develop a form to | 19 |
| be completed by a
person seeking
to obtain a firearm at a gun | 20 |
| show from a transferor other than a gun show
dealer. The | 21 |
| Department
shall consider including in the form all of the | 22 |
| requirements for disclosure of
information that are
required by | 23 |
| federal law for over-the-counter firearms transactions.
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| (i) Failure to comply with the requirement of this Section | 25 |
| is a Class A
misdemeanor. Failure
to comply with the | 26 |
| requirements of this Section is a Class 2 felony if the
person | 27 |
| has 2 or more
previous convictions under this Section.
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| (j) In this Section:
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| "Gun show" means the entire premises provided for an event | 30 |
| or function,
including but not
limited to parking areas for the | 31 |
| event or function, that is sponsored to
facilitate, in whole or | 32 |
| in part,
the purchase, sale, offer for sale, or collection of | 33 |
| firearms at which:
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| (1) 25 or more firearms are offered or exhibited for | 35 |
| sale, transfer, or
exchange; or
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| (2) not less than 3 gun show vendors exhibit, sell, |
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HB6918 |
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LRB093 18558 RLC 44279 b |
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| offer for sale,
transfer, or exchange
firearms.
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| "Gun show promoter" means a person who organizes or | 3 |
| operates a gun show.
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| "Gun show vendor" means any person who exhibits, sells, | 5 |
| offers for sale,
transfers, or
exchanges any firearms at a gun | 6 |
| show, regardless of whether the person
arranges with a gun show
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| promoter for a fixed location from which to exhibit, sell, | 8 |
| offer for sale,
transfer, or exchange any
firearm.
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| (k) The Department of State Police shall adopt rules to | 10 |
| carry out the
provisions of this
Section.
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