100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB2720

 

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

    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, 2018.


LRB100 09611 SLF 19779 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB2720LRB100 09611 SLF 19779 b

1    AN ACT concerning safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Firearm Owners Identification Card Act is
5amended 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
8knowingly transfer, or cause to be transferred, any firearm,
9firearm ammunition, stun gun, or taser to any person within
10this State unless the transferee with whom he deals displays
11either: (1) a currently valid Firearm Owner's Identification
12Card which has previously been issued in his or her name by the
13Department of State Police under the provisions of this Act; or
14(2) a currently valid license to carry a concealed firearm
15which has previously been issued in his or her name by the
16Department of State Police under the Firearm Concealed Carry
17Act. In addition, all firearm, stun gun, and taser transfers by
18federally licensed firearm dealers are subject to Section 3.1.
19    (a-5) Any person who is not a federally licensed firearm
20dealer and who desires to transfer or sell a firearm while that
21person is on the grounds of a gun show must, before selling or
22transferring the firearm, request the Department of State
23Police to conduct a background check on the prospective

 

 

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1recipient of the firearm in accordance with Section 3.1.
2    (a-10) Notwithstanding item (2) of subsection (a) of this
3Section, any person who is not a federally licensed firearm
4dealer and who desires to transfer or sell a firearm or
5firearms to any person who is not a federally licensed firearm
6dealer shall, before selling or transferring the firearms,
7contact the Department of State Police with the transferee's or
8purchaser's Firearm Owner's Identification Card number to
9determine the validity of the transferee's or purchaser's
10Firearm Owner's Identification Card. This subsection shall not
11be effective until January 1, 2014. The Department of State
12Police may adopt rules concerning the implementation of this
13subsection. The Department of State Police shall provide the
14seller or transferor an approval number if the purchaser's
15Firearm Owner's Identification Card is valid. Approvals issued
16by the Department for the purchase of a firearm pursuant to
17this subsection are valid for 30 days from the date of issue.
18    (a-15) The provisions of subsection (a-10) of this Section
19do 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
14Internet-based system for individuals to determine the
15validity of a Firearm Owner's Identification Card prior to the
16sale or transfer of a firearm. The Department shall have the
17Internet-based system completed and available for use by July
181, 2015. The Department shall adopt rules not inconsistent with
19this Section to implement this system.
20    (a-25) Any person who is not a federally licensed importer,
21manufacturer, or dealer and who desires to sell or transfer a
22firearm of a size that may be concealed upon the person to
23another person, who is not a federally licensed importer,
24manufacturer, or dealer, shall do so only at the place of
25business of a federally licensed firearm dealer. The federally
26licensed firearm dealer shall conduct a background check on the

 

 

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1prospective recipient of the firearm in accordance with Section
23.1 of this Act and follow all other applicable federal, State,
3and local laws as if he or she were the seller of the firearm.
4The purchaser or transferee may be required by the federally
5licensed firearm dealer to pay a fee not to exceed $10 per
6firearm, which the dealer may retain as compensation for
7performing the functions required under this subsection, plus
8the 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
20be transferred any firearm, stun gun, or taser shall keep a
21record of such transfer for a period of 10 years from the date
22of transfer. Such record shall contain the date of the
23transfer; the description, serial number or other information
24identifying the firearm, stun gun, or taser if no serial number
25is available; and, if the transfer was completed within this
26State, the transferee's Firearm Owner's Identification Card

 

 

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1number and any approval number or documentation provided by the
2Department of State Police pursuant to subsection (a-10) of
3this Section. On or after January 1, 2006, the record shall
4contain the date of application for transfer of the firearm. On
5demand of a peace officer such transferor shall produce for
6inspection such record of transfer. If the transfer or sale
7took place at a gun show, the record shall include the unique
8identification number. Failure to record the unique
9identification number or approval number is a petty offense.
10    (b-5) Any resident may purchase ammunition from a person
11within or outside of Illinois if shipment is by United States
12mail or by a private express carrier authorized by federal law
13to ship ammunition. Any resident purchasing ammunition within
14or outside the State of Illinois must provide the seller with a
15copy of his or her valid Firearm Owner's Identification Card or
16valid concealed carry license and either his or her Illinois
17driver's license or Illinois State Identification Card prior to
18the shipment of the ammunition. The ammunition may be shipped
19only to an address on either of those 2 documents.
20    (c) The provisions of this Section regarding the transfer
21of firearm ammunition shall not apply to those persons
22specified 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.)
 
24    (430 ILCS 65/3.1)  (from Ch. 38, par. 83-3.1)
25    Sec. 3.1. Dial up system.

 

 

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1    (a) The Department of State Police shall provide a dial up
2telephone system or utilize other existing technology which
3shall be used by any federally licensed firearm dealer, gun
4show promoter, or gun show vendor who is to transfer a firearm,
5stun gun, or taser under the provisions of this Act. The
6Department of State Police may utilize existing technology
7which allows the caller to be charged a fee not to exceed $2.
8Fees collected by the Department of State Police shall be
9deposited in the State Police Services Fund and used to provide
10the service.
11    (b) Upon receiving a request from a federally licensed
12firearm dealer, gun show promoter, or gun show vendor, the
13Department of State Police shall immediately approve, or within
14the time period established by Section 24-3 of the Criminal
15Code of 2012 regarding the delivery of firearms, stun guns, and
16tasers notify the inquiring dealer, gun show promoter, or gun
17show vendor of any objection that would disqualify the
18transferee from acquiring or possessing a firearm, stun gun, or
19taser. In conducting the inquiry, the Department of State
20Police shall initiate and complete an automated search of its
21criminal history record information files and those of the
22Federal Bureau of Investigation, including the National
23Instant Criminal Background Check System, and of the files of
24the Department of Human Services relating to mental health and
25developmental disabilities to obtain any felony conviction or
26patient hospitalization information which would disqualify a

 

 

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1person from obtaining or require revocation of a currently
2valid Firearm Owner's Identification Card.
3    (c) If receipt of a firearm would not violate Section 24-3
4of the Criminal Code of 2012, federal law, or this Act the
5Department 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
11the purchase of a firearm are valid for 30 days from the date
12of issue.
13    (e) (1) The Department of State Police must act as the
14Illinois Point of Contact for the National Instant Criminal
15Background Check System.
16    (2) The Department of State Police and the Department of
17Human Services shall, in accordance with State and federal law
18regarding confidentiality, enter into a memorandum of
19understanding with the Federal Bureau of Investigation for the
20purpose of implementing the National Instant Criminal
21Background Check System in the State. The Department of State
22Police shall report the name, date of birth, and physical
23description of any person prohibited from possessing a firearm
24pursuant to the Firearm Owners Identification Card Act or 18
25U.S.C. 922(g) and (n) to the National Instant Criminal
26Background Check System Index, Denied Persons Files.

 

 

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1    (3) The Department of State Police shall provide notice of
2the disqualification of a person under subsection (b) of this
3Section or the revocation of a person's Firearm Owner's
4Identification Card under Section 8 or Section 8.2 of this Act,
5and the reason for the disqualification or revocation, to all
6law enforcement agencies with jurisdiction to assist with the
7seizure of the person's Firearm Owner's Identification Card.
8    (f) The Department of State Police shall adopt rules not
9inconsistent with this Section to implement this system.
10    (g) The Department of State Police shall develop an
11Internet based system for individuals to request the Department
12of State Police to conduct an instant criminal background check
13prior to the sale or transfer of a handgun. The Department of
14State Police shall have the system completed and available for
15use by July 1, 2018. The Department shall adopt rules not
16inconsistent with this Section to implement this system.
17(Source: P.A. 98-63, eff. 7-9-13; 99-787, eff. 1-1-17.)