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1 | AN ACT concerning safety.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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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 | ||||||||||||||||||||||||||
11 | either: (1) a currently valid Firearm Owner's
Identification | ||||||||||||||||||||||||||
12 | Card which has previously been issued in his or her name by the
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13 | Department of State Police under the provisions of this Act; or | ||||||||||||||||||||||||||
14 | (2) a currently valid license to carry a concealed firearm | ||||||||||||||||||||||||||
15 | which has previously been issued in his or her name by the
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16 | Department of State Police under the Firearm Concealed Carry | ||||||||||||||||||||||||||
17 | Act. In addition,
all firearm, stun gun, and taser transfers by | ||||||||||||||||||||||||||
18 | federally licensed firearm dealers are subject
to Section 3.1. | ||||||||||||||||||||||||||
19 | (a-5) Any person who is not a federally licensed firearm | ||||||||||||||||||||||||||
20 | dealer and who desires to transfer or sell a firearm while that | ||||||||||||||||||||||||||
21 | person is on the grounds of a gun show must, before selling or | ||||||||||||||||||||||||||
22 | transferring the firearm, request the Department of State | ||||||||||||||||||||||||||
23 | Police to conduct a background check on the prospective |
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1 | recipient of the firearm in accordance with Section 3.1.
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2 | (a-10) Notwithstanding item (2) of subsection (a) of this | ||||||
3 | Section, any person who is not a federally licensed firearm | ||||||
4 | dealer and who desires to transfer or sell a firearm or | ||||||
5 | firearms to any person who is not a federally licensed firearm | ||||||
6 | dealer shall, before selling or transferring the firearms, | ||||||
7 | contact the Department of State Police with the transferee's or | ||||||
8 | purchaser's Firearm Owner's Identification Card number to | ||||||
9 | determine the validity of the transferee's or purchaser's | ||||||
10 | Firearm Owner's Identification Card. This subsection shall not | ||||||
11 | be effective until January 1, 2014. The Department of State | ||||||
12 | Police may adopt rules concerning the implementation of this | ||||||
13 | subsection. The Department of State Police shall provide the | ||||||
14 | seller or transferor an approval number if the purchaser's | ||||||
15 | Firearm Owner's Identification Card is valid. Approvals issued | ||||||
16 | by the Department for the purchase of a firearm pursuant to | ||||||
17 | this subsection are valid for 30 days from the date of issue. | ||||||
18 | (a-15) The provisions of subsection (a-10) of this Section | ||||||
19 | do not apply to: | ||||||
20 | (1) transfers that occur at the place of business of a | ||||||
21 | federally licensed firearm dealer, if the federally | ||||||
22 | licensed firearm dealer conducts a background check on the | ||||||
23 | prospective recipient of the firearm in accordance with | ||||||
24 | Section 3.1 of this Act and follows all other applicable | ||||||
25 | federal, State, and local laws as if he or she were the | ||||||
26 | seller or transferor of the firearm, although the dealer is |
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1 | not required to accept the firearm into his or her | ||||||
2 | inventory. The purchaser or transferee may be required by | ||||||
3 | the federally licensed firearm dealer to pay a fee not to | ||||||
4 | exceed $10 per firearm, which the dealer may retain as | ||||||
5 | compensation for performing the functions required under | ||||||
6 | this paragraph, plus the applicable fees authorized by | ||||||
7 | Section 3.1; | ||||||
8 | (2) transfers as a bona fide gift to the transferor's | ||||||
9 | husband, wife, son, daughter, stepson, stepdaughter, | ||||||
10 | father, mother, stepfather, stepmother, brother, sister, | ||||||
11 | nephew, niece, uncle, aunt, grandfather, grandmother, | ||||||
12 | grandson, granddaughter, father-in-law, mother-in-law, | ||||||
13 | son-in-law, or daughter-in-law; | ||||||
14 | (3) transfers by persons acting pursuant to operation | ||||||
15 | of law or a court order; | ||||||
16 | (4) transfers on the grounds of a gun show under | ||||||
17 | subsection (a-5) of this Section; | ||||||
18 | (5) the delivery of a firearm by its owner to a | ||||||
19 | gunsmith for service or repair, the return of the firearm | ||||||
20 | to its owner by the gunsmith, or the delivery of a firearm | ||||||
21 | by a gunsmith to a federally licensed firearms dealer for | ||||||
22 | service or repair and the return of the firearm to the | ||||||
23 | gunsmith; | ||||||
24 | (6) temporary transfers that occur while in the home of | ||||||
25 | the unlicensed transferee, if the unlicensed transferee is | ||||||
26 | not otherwise prohibited from possessing firearms and the |
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1 | unlicensed transferee reasonably believes that possession | ||||||
2 | of the firearm is necessary to prevent imminent death or | ||||||
3 | great bodily harm to the unlicensed transferee; | ||||||
4 | (7) transfers to a law enforcement or corrections | ||||||
5 | agency or a law enforcement or corrections officer acting | ||||||
6 | within the course and scope of his or her official duties; | ||||||
7 | (8) transfers of firearms that have been rendered | ||||||
8 | permanently inoperable to a nonprofit historical society, | ||||||
9 | museum, or institutional collection; and | ||||||
10 | (9) transfers to a person who is exempt from the | ||||||
11 | requirement of possessing a Firearm Owner's Identification | ||||||
12 | Card under Section 2 of this Act. | ||||||
13 | (a-20) The Department of State Police shall develop an | ||||||
14 | Internet-based system for individuals to determine the | ||||||
15 | validity of a Firearm Owner's Identification Card prior to the | ||||||
16 | sale or transfer of a firearm. The Department shall have the | ||||||
17 | Internet-based system completed and available for use by July | ||||||
18 | 1, 2015. The Department shall adopt rules not inconsistent with | ||||||
19 | this Section to implement this system. | ||||||
20 | (a-25) Any person who is not a federally licensed importer, | ||||||
21 | manufacturer, or dealer and who desires to sell or transfer a | ||||||
22 | firearm of a size that may be concealed upon the person to | ||||||
23 | another person, who is not a federally licensed importer, | ||||||
24 | manufacturer, or dealer, shall do so only at the place of | ||||||
25 | business of a federally licensed firearm dealer. The federally | ||||||
26 | licensed firearm dealer shall conduct a background check on the |
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1 | prospective recipient of the firearm in accordance with Section | ||||||
2 | 3.1 of this Act and follow all other applicable federal, State, | ||||||
3 | and local laws as if he or she were the seller of the firearm. | ||||||
4 | The purchaser or transferee may be required by the federally | ||||||
5 | licensed firearm dealer to pay a fee not to exceed $10 per | ||||||
6 | firearm, which the dealer may retain as compensation for | ||||||
7 | performing the functions required under this subsection, plus | ||||||
8 | the applicable fees authorized by Section 3.1. | ||||||
9 | The provisions of this subsection (a-25) do not apply to: | ||||||
10 | (1) transfers to the transferor's husband, wife, son, | ||||||
11 | daughter, stepson, stepdaughter, father, mother, | ||||||
12 | stepfather, stepmother, brother, sister, nephew, niece, | ||||||
13 | uncle, aunt, grandfather, grandmother, grandson, | ||||||
14 | granddaughter, father-in-law, mother-in-law, son-in-law or | ||||||
15 | daughter-in-law; | ||||||
16 | (2) transfers by persons acting pursuant to operation | ||||||
17 | of law or a court order; or | ||||||
18 | (3) transfers on the grounds of a gun show. | ||||||
19 | (b) Any person within this State who transfers or causes to | ||||||
20 | be
transferred any firearm, stun gun, or taser shall keep a | ||||||
21 | record of such transfer for a period
of 10 years from the date | ||||||
22 | of transfer. Such record shall contain the date
of the | ||||||
23 | transfer; the description, serial number or other information
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24 | identifying the firearm, stun gun, or taser if no serial number | ||||||
25 | is available; and, if the
transfer was completed within this | ||||||
26 | State, the transferee's Firearm Owner's
Identification Card |
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1 | number and any approval number or documentation provided by the | ||||||
2 | Department of State Police pursuant to subsection (a-10) of | ||||||
3 | this Section. On or after January 1, 2006, the record shall | ||||||
4 | contain the date of application for transfer of the firearm. On | ||||||
5 | demand of a peace officer such transferor
shall produce for | ||||||
6 | inspection such record of transfer. If the transfer or sale | ||||||
7 | took place at a gun show, the record shall include the unique | ||||||
8 | identification number. Failure to record the unique | ||||||
9 | identification number or approval number is a petty offense.
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10 | (b-5) Any resident may purchase ammunition from a person | ||||||
11 | within or outside of Illinois if shipment is by United States | ||||||
12 | mail or by a private express carrier authorized by federal law | ||||||
13 | to ship ammunition. Any resident purchasing ammunition within | ||||||
14 | or outside the State of Illinois must provide the seller with a | ||||||
15 | copy of his or her valid Firearm Owner's Identification Card or | ||||||
16 | valid concealed carry license and either his or her Illinois | ||||||
17 | driver's license or Illinois State Identification Card prior to | ||||||
18 | the shipment of the ammunition. The ammunition may be shipped | ||||||
19 | only to an address on either of those 2 documents. | ||||||
20 | (c) The provisions of this Section regarding the transfer | ||||||
21 | of firearm
ammunition shall not apply to those persons | ||||||
22 | specified in paragraph (b) of
Section 2 of this Act. | ||||||
23 | (Source: P.A. 98-508, eff. 8-19-13; 99-29, eff. 7-10-15.)
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24 | (430 ILCS 65/3.1) (from Ch. 38, par. 83-3.1)
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25 | Sec. 3.1. Dial up system. |
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1 | (a) The Department of State Police shall provide
a dial up | ||||||
2 | telephone system or utilize other existing technology which | ||||||
3 | shall be used by any federally licensed
firearm dealer, gun | ||||||
4 | show promoter, or gun show vendor who is to transfer a firearm, | ||||||
5 | stun gun, or taser under the provisions of this
Act. The | ||||||
6 | Department of State Police may utilize existing technology | ||||||
7 | which
allows the caller to be charged a fee not to exceed $2. | ||||||
8 | Fees collected by the Department of
State Police shall be | ||||||
9 | deposited in the State Police Services Fund and used
to provide | ||||||
10 | the service.
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11 | (b) Upon receiving a request from a federally licensed | ||||||
12 | firearm dealer, gun show promoter, or gun show vendor, the
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13 | Department of State Police shall immediately approve, or within | ||||||
14 | the time
period established by Section 24-3 of the Criminal | ||||||
15 | Code of 2012 regarding
the delivery of firearms, stun guns, and | ||||||
16 | tasers notify the inquiring dealer, gun show promoter, or gun | ||||||
17 | show vendor of any objection that
would disqualify the | ||||||
18 | transferee from acquiring or possessing a firearm, stun gun, or | ||||||
19 | taser. In
conducting the inquiry, the Department of State | ||||||
20 | Police shall initiate and
complete an automated search of its | ||||||
21 | criminal history record information
files and those of the | ||||||
22 | Federal Bureau of Investigation, including the
National | ||||||
23 | Instant Criminal Background Check System, and of the files of
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24 | the Department of Human Services relating to mental health and
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25 | developmental disabilities to obtain
any felony conviction or | ||||||
26 | patient hospitalization information which would
disqualify a |
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1 | person from obtaining or require revocation of a currently
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2 | valid Firearm Owner's Identification Card. | ||||||
3 | (c) If receipt of a firearm would not violate Section 24-3 | ||||||
4 | of the Criminal Code of 2012, federal law, or this Act the | ||||||
5 | Department of State Police shall: | ||||||
6 | (1) assign a unique identification number to the | ||||||
7 | transfer; and | ||||||
8 | (2) provide the licensee, gun show promoter, or gun | ||||||
9 | show vendor with the number. | ||||||
10 | (d) Approvals issued by the Department of State Police for | ||||||
11 | the purchase of a firearm are valid for 30 days from the date | ||||||
12 | of issue.
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13 | (e) (1) The Department of State Police must act as the | ||||||
14 | Illinois Point of Contact
for the National Instant Criminal | ||||||
15 | Background Check System. | ||||||
16 | (2) The Department of State Police and the Department of | ||||||
17 | Human Services shall, in accordance with State and federal law | ||||||
18 | regarding confidentiality, enter into a memorandum of | ||||||
19 | understanding with the Federal Bureau of Investigation for the | ||||||
20 | purpose of implementing the National Instant Criminal | ||||||
21 | Background Check System in the State. The Department of State | ||||||
22 | Police shall report the name, date of birth, and physical | ||||||
23 | description of any person prohibited from possessing a firearm | ||||||
24 | pursuant to the Firearm Owners Identification Card Act or 18 | ||||||
25 | U.S.C. 922(g) and (n) to the National Instant Criminal | ||||||
26 | Background Check System Index, Denied Persons Files.
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1 | (3) The Department of State Police shall provide notice of | ||||||
2 | the disqualification of a person under subsection (b) of this | ||||||
3 | Section or the revocation of a person's Firearm Owner's | ||||||
4 | Identification Card under Section 8 or Section 8.2 of this Act, | ||||||
5 | and the reason for the disqualification or revocation, to all | ||||||
6 | law enforcement agencies with jurisdiction to assist with the | ||||||
7 | seizure of the person's Firearm Owner's Identification Card. | ||||||
8 | (f) The Department of State Police shall adopt rules not | ||||||
9 | inconsistent with this Section to implement this
system.
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10 | (g) The Department of State Police shall develop an | ||||||
11 | Internet based system for individuals to request the Department | ||||||
12 | of State Police to conduct an instant criminal background check | ||||||
13 | prior to the sale or transfer of a handgun. The Department of | ||||||
14 | State Police shall have the system completed and available for | ||||||
15 | use by July 1, 2018. The Department shall adopt rules not | ||||||
16 | inconsistent with this Section to implement this system. | ||||||
17 | (Source: P.A. 98-63, eff. 7-9-13; 99-787, eff. 1-1-17 .)
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