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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||
3 | represented in the General Assembly:
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4 | Section 5. If and only if Senate Bill 337 of the 100th | |||||||||||||||||||
5 | General Assembly becomes law, then the Firearm Owners | |||||||||||||||||||
6 | Identification Card Act is amended by changing Section 3 as | |||||||||||||||||||
7 | follows:
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8 | (430 ILCS 65/3) (from Ch. 38, par. 83-3) | |||||||||||||||||||
9 | Sec. 3. (a) Except as provided in Section 3a, no person may | |||||||||||||||||||
10 | knowingly
transfer, or cause to be transferred, any firearm, | |||||||||||||||||||
11 | firearm ammunition, stun gun, or taser to any person within | |||||||||||||||||||
12 | this State unless the
transferee with whom he deals displays | |||||||||||||||||||
13 | either: (1) a currently valid Firearm Owner's
Identification | |||||||||||||||||||
14 | Card which has previously been issued in his or her name by the
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15 | Department of State Police under the provisions of this Act; or | |||||||||||||||||||
16 | (2) a currently valid license to carry a concealed firearm | |||||||||||||||||||
17 | which has previously been issued in his or her name by the
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18 | Department of State Police under the Firearm Concealed Carry | |||||||||||||||||||
19 | Act. In addition,
all firearm, stun gun, and taser transfers by | |||||||||||||||||||
20 | federally licensed firearm dealers are subject
to Section 3.1. | |||||||||||||||||||
21 | (a-5) Any person who is not a federally licensed firearm | |||||||||||||||||||
22 | dealer and who desires to transfer or sell a firearm while that | |||||||||||||||||||
23 | person is on the grounds of a gun show must, before selling or |
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1 | transferring the firearm, request the Department of State | ||||||
2 | Police to conduct a background check on the prospective | ||||||
3 | recipient of the firearm in accordance with Section 3.1.
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4 | (a-10) Notwithstanding item (2) of subsection (a) of this | ||||||
5 | Section, any person who is not a federally licensed firearm | ||||||
6 | dealer and who desires to transfer or sell a firearm or | ||||||
7 | firearms to any person who is not a federally licensed firearm | ||||||
8 | dealer shall, before selling or transferring the firearms, | ||||||
9 | contact the Department of State Police with the transferee's or | ||||||
10 | purchaser's Firearm Owner's Identification Card number to | ||||||
11 | determine the validity of the transferee's or purchaser's | ||||||
12 | Firearm Owner's Identification Card. This subsection shall not | ||||||
13 | be effective until January 1, 2014. The Department of State | ||||||
14 | Police may adopt rules concerning the implementation of this | ||||||
15 | subsection. The Department of State Police shall provide the | ||||||
16 | seller or transferor an approval number if the purchaser's | ||||||
17 | Firearm Owner's Identification Card is valid. Approvals issued | ||||||
18 | by the Department for the purchase of a firearm pursuant to | ||||||
19 | this subsection are valid for 30 days from the date of issue. | ||||||
20 | (a-15) The provisions of subsection (a-10) of this Section | ||||||
21 | do not apply to: | ||||||
22 | (1) transfers that occur at the place of business of a | ||||||
23 | federally licensed firearm dealer, if the federally | ||||||
24 | licensed firearm dealer conducts a background check on the | ||||||
25 | prospective recipient of the firearm in accordance with | ||||||
26 | Section 3.1 of this Act and follows all other applicable |
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1 | federal, State, and local laws as if he or she were the | ||||||
2 | seller or transferor of the firearm, although the dealer is | ||||||
3 | not required to accept the firearm into his or her | ||||||
4 | inventory. The purchaser or transferee may be required by | ||||||
5 | the federally licensed firearm dealer to pay a fee not to | ||||||
6 | exceed $10 per firearm, which the dealer may retain as | ||||||
7 | compensation for performing the functions required under | ||||||
8 | this paragraph, plus the applicable fees authorized by | ||||||
9 | Section 3.1; | ||||||
10 | (2) transfers as a bona fide gift to the transferor's | ||||||
11 | husband, wife, son, daughter, stepson, stepdaughter, | ||||||
12 | father, mother, stepfather, stepmother, brother, sister, | ||||||
13 | nephew, niece, uncle, aunt, grandfather, grandmother, | ||||||
14 | grandson, granddaughter, father-in-law, mother-in-law, | ||||||
15 | son-in-law, or daughter-in-law; | ||||||
16 | (3) transfers by persons acting pursuant to operation | ||||||
17 | of law or a court order; | ||||||
18 | (4) transfers on the grounds of a gun show under | ||||||
19 | subsection (a-5) of this Section; | ||||||
20 | (5) the delivery of a firearm by its owner to a | ||||||
21 | gunsmith for service or repair, the return of the firearm | ||||||
22 | to its owner by the gunsmith, or the delivery of a firearm | ||||||
23 | by a gunsmith to a federally licensed firearms dealer for | ||||||
24 | service or repair and the return of the firearm to the | ||||||
25 | gunsmith; | ||||||
26 | (6) temporary transfers that occur while in the home of |
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1 | the unlicensed transferee, if the unlicensed transferee is | ||||||
2 | not otherwise prohibited from possessing firearms and the | ||||||
3 | unlicensed transferee reasonably believes that possession | ||||||
4 | of the firearm is necessary to prevent imminent death or | ||||||
5 | great bodily harm to the unlicensed transferee; | ||||||
6 | (7) transfers to a law enforcement or corrections | ||||||
7 | agency or a law enforcement or corrections officer acting | ||||||
8 | within the course and scope of his or her official duties; | ||||||
9 | (8) transfers of firearms that have been rendered | ||||||
10 | permanently inoperable to a nonprofit historical society, | ||||||
11 | museum, or institutional collection; and | ||||||
12 | (9) transfers to a person who is exempt from the | ||||||
13 | requirement of possessing a Firearm Owner's Identification | ||||||
14 | Card under Section 2 of this Act. | ||||||
15 | (a-20) The Department of State Police shall develop an | ||||||
16 | Internet-based system for individuals to determine the | ||||||
17 | validity of a Firearm Owner's Identification Card prior to the | ||||||
18 | sale or transfer of a firearm. The Department shall have the | ||||||
19 | Internet-based system completed and available for use by July | ||||||
20 | 1, 2015. The Department shall adopt rules not inconsistent with | ||||||
21 | this Section to implement this system. | ||||||
22 | (b) Any person within this State who transfers or causes to | ||||||
23 | be
transferred any firearm, stun gun, or taser shall keep a | ||||||
24 | record of such transfer for a period
of 10 years from the date | ||||||
25 | of transfer. Such record shall contain the date
of the | ||||||
26 | transfer; the description, serial number or other information
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1 | identifying the firearm, stun gun, or taser if no serial number | ||||||
2 | is available; and, if the
transfer was completed within this | ||||||
3 | State, the transferee's Firearm Owner's
Identification Card | ||||||
4 | number and any approval number or documentation provided by the | ||||||
5 | Department of State Police pursuant to subsection (a-10) of | ||||||
6 | this Section; if the transfer was not completed within this | ||||||
7 | State, the record shall contain the name and address of the | ||||||
8 | transferee. On or after January 1, 2006, the record shall | ||||||
9 | contain the date of application for transfer of the firearm. On | ||||||
10 | demand of a peace officer such transferor
shall produce for | ||||||
11 | inspection such record of transfer. If the transfer or sale | ||||||
12 | took place at a gun show, the record shall include the unique | ||||||
13 | identification number. Failure to record the unique | ||||||
14 | identification number or approval number is a petty offense.
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15 | For transfers of a firearm, stun gun, or taser made on or after | ||||||
16 | the effective date of this amendatory Act of the 100th General | ||||||
17 | Assembly, failure by the private seller to maintain the | ||||||
18 | transfer records in accordance with this Section is a Class A | ||||||
19 | misdemeanor for the first offense and a Class 4 felony for a | ||||||
20 | second or subsequent offense. A transferee shall not be | ||||||
21 | criminally liable under this Section
provided that he or she | ||||||
22 | provides the Department of State Police
with the transfer | ||||||
23 | records in accordance with procedures
established by the | ||||||
24 | Department. The Department shall establish,
by rule, a standard | ||||||
25 | form on its website. | ||||||
26 | (b-5) Any resident may purchase ammunition from a person |
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1 | within or outside of Illinois if shipment is by United States | ||||||
2 | mail or by a private express carrier authorized by federal law | ||||||
3 | to ship ammunition. Any resident purchasing ammunition within | ||||||
4 | or outside the State of Illinois must provide the seller with a | ||||||
5 | copy of his or her valid Firearm Owner's Identification Card or | ||||||
6 | valid concealed carry license and either his or her Illinois | ||||||
7 | driver's license or Illinois State Identification Card prior to | ||||||
8 | the shipment of the ammunition. The ammunition may be shipped | ||||||
9 | only to an address on either of those 2 documents. | ||||||
10 | (c) The provisions of this Section regarding the transfer | ||||||
11 | of firearm
ammunition shall not apply to those persons | ||||||
12 | specified in paragraph (b) of
Section 2 of this Act. | ||||||
13 | (Source: P.A. 98-508, eff. 8-19-13; 99-29, eff. 7-10-15; | ||||||
14 | 10000SB0337enr.) | ||||||
15 | Section 99. Effective date. This Act takes effect upon
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16 | becoming law or on the date Senate Bill 337 of the 100th
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17 | General Assembly takes effect, whichever is later. |