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1 | AN ACT concerning regulation.
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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 | ARTICLE 1. COMBATING ILLEGAL GUN TRAFFICKING ACT | ||||||
5 | Section 1-1. References to Act. This Act may be referred | ||||||
6 | to as the Combating Illegal Gun Trafficking Act. | ||||||
7 | ARTICLE 5. FIREARM DEALER LICENSE CERTIFICATION ACT | ||||||
8 | Section 5-1. Short title. This Article 1 may be cited as | ||||||
9 | the Firearm Dealer License Certification Act. References in | ||||||
10 | this Article to "this Act" mean this Article.
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11 | Section 5-5. Definitions. In this Act: | ||||||
12 | "Certified licensee" means a licensee that has previously | ||||||
13 | certified its license with the Department
under this Act. | ||||||
14 | "Department" means the Department of State Police. | ||||||
15 | "Director" means the Director of State Police. | ||||||
16 | "Entity" means any person, firm, corporation, group of | ||||||
17 | individuals, or other legal entity. | ||||||
18 | "Inventory" means firearms in the possession of an | ||||||
19 | individual or entity for the purpose of sale or
transfer.
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20 | "License" means a Federal Firearms License authorizing a |
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1 | person or entity to engage in the business of
dealing firearms.
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2 | "Licensee" means a person, firm, corporation, or other | ||||||
3 | entity who has been given, and is currently in
possession of, a | ||||||
4 | valid Federal Firearms License. | ||||||
5 | "Retail location" means a store open to the public from | ||||||
6 | which a certified licensee
engages in the business of selling, | ||||||
7 | transferring, or facilitating a sale or transfer of a firearm.
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8 | For purposes of this Act, a gun show or similar event at which | ||||||
9 | a certified licensee engages in business from time to time is | ||||||
10 | not a retail location. | ||||||
11 | Section 5-10. Copy of Federal Firearms License filed with | ||||||
12 | the
Department. Each licensee shall file with the Department a | ||||||
13 | copy of its license,
together with a sworn affidavit indicating | ||||||
14 | that the license presented
is in fact its license and that the | ||||||
15 | license is valid. The Department may by rule create a process | ||||||
16 | for checking the validity of the license, in lieu of requiring | ||||||
17 | an affidavit. Upon receipt and review by the Department, the | ||||||
18 | Department
shall issue a certificate of license to the | ||||||
19 | licensee, allowing the
licensee to conduct business within this | ||||||
20 | State.
The Department shall issue an initial certificate of | ||||||
21 | license within 30 days of receipt of the copy of license and | ||||||
22 | sworn affidavit. If the Department does not issue the | ||||||
23 | certificate within 30 days, the licensee shall operate as if a | ||||||
24 | certificate has been granted unless and until a denial is | ||||||
25 | issued by the Department. |
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1 | Section 5-15. Certification requirement. | ||||||
2 | (a) Beginning 180 days after the effective date of this | ||||||
3 | Act, it is unlawful for a person or entity to engage in the | ||||||
4 | business
of selling, leasing, or otherwise transferring | ||||||
5 | firearms
without a valid certificate of license issued under | ||||||
6 | this Act. In the event that a person or entity maintains | ||||||
7 | multiple licenses to engage in different lines of business | ||||||
8 | requiring different licenses at one location, then the licenses | ||||||
9 | shall be deemed one license for purposes of certification. In | ||||||
10 | the event that a person or entity maintains multiple licenses | ||||||
11 | to engage in business at multiple locations, under the same | ||||||
12 | business name on the license or a different business name on | ||||||
13 | the license, then each license and location must receive its | ||||||
14 | own certification. | ||||||
15 | (b) It is unlawful for a person or entity without first | ||||||
16 | being a certified licensee under this Act to act as if he or | ||||||
17 | she is certified under this Act, to advertise, to assume to act | ||||||
18 | as a certified licensee or to use a title implying that
the | ||||||
19 | person or entity is engaged in business as a
certified licensee
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20 | without a license certified under this Act. | ||||||
21 | (c) It is unlawful to obtain or attempt to obtain any
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22 | certificate of license under this Act by material misstatement | ||||||
23 | or fraudulent
misrepresentation. Notwithstanding the | ||||||
24 | provisions of Section
5-85, in addition to any penalty imposed | ||||||
25 | under this Section, any
certificate of license obtained under |
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1 | this Act due to
material misstatement or fraudulent | ||||||
2 | misrepresentation shall automatically be revoked.
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3 | (d) A person who violates any provision of this Section is
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4 | guilty of a Class A misdemeanor for a first violation, and a
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5 | Class 4 felony for a second or subsequent violation. | ||||||
6 | (e) In addition to any other penalty provided by law, any
| ||||||
7 | person or entity who violates any provision of this Section
| ||||||
8 | shall pay a civil penalty to the Department in an amount not to
| ||||||
9 | exceed $10,000 for each offense, as determined by the
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10 | Department. The civil penalty shall be assessed by the
| ||||||
11 | Department after a hearing is held in accordance with Sections | ||||||
12 | 5-95 and 5-100. | ||||||
13 | (f) The Department has the authority and power to
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14 | investigate any and all unlicensed activity requiring a license | ||||||
15 | certified under this Act. | ||||||
16 | (g) The civil penalty shall be paid within 90 days after
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17 | the effective date of the order imposing the civil penalty. The
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18 | order shall constitute a judgment and may be filed and
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19 | execution had thereon in the same manner as any judgment from
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20 | any court of record.
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21 | (h) In the event the certification of a certified licensee | ||||||
22 | is revoked, it shall be a violation of this Act for the revoked | ||||||
23 | licensee to seek certification of a license held under a | ||||||
24 | different business name, or to re-open as a certified licensee | ||||||
25 | under another business name using the same license or as the | ||||||
26 | same person or entity doing business under a different business |
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1 | name. | ||||||
2 | (i) The Department shall require all of the following | ||||||
3 | information from each applicant for certification under this | ||||||
4 | Act: | ||||||
5 | (1) The name, full business address, and telephone | ||||||
6 | number of the entity. The business address for the entity | ||||||
7 | shall be the complete street address where firearms in the | ||||||
8 | inventory of the entity are regularly stored, shall be | ||||||
9 | located within the State, and may not be a Post Office Box. | ||||||
10 | (2) All trade, business, or assumed names used by the | ||||||
11 | certified licensee by and under which the certified | ||||||
12 | licensee sells, transfers, or facilitates transfers of | ||||||
13 | firearms. | ||||||
14 | (3) The type of ownership or operation, such as a | ||||||
15 | partnership, corporation, or sole proprietorship. | ||||||
16 | (4) The name of the owner or operator of the | ||||||
17 | dealership, including: | ||||||
18 | (A) if a person, then the name and address of | ||||||
19 | record of the person; | ||||||
20 | (B) if a partnership, then the name and address of | ||||||
21 | record of each partner and the name of the partnership; | ||||||
22 | (C) if a corporation, then the name, address of | ||||||
23 | record, and title of each corporate officer and each | ||||||
24 | owner of more than 5% of the corporation, the corporate | ||||||
25 | names by and which the certified licensee sells, | ||||||
26 | transfers, or facilitates transfers of firearms, and |
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1 | the name of the state of incorporation; and | ||||||
2 | (D) if a sole proprietorship, then the full name | ||||||
3 | and address of record of the sole proprietor and the | ||||||
4 | name of the business entity. | ||||||
5 | Section 5-20. Additional licensee requirements. | ||||||
6 | (a) A certified licensee shall make a photo copy of a | ||||||
7 | buyer's or transferee's valid photo identification card | ||||||
8 | whenever a firearm sale transaction takes place. The photo copy | ||||||
9 | shall be attached to the documentation detailing the record of | ||||||
10 | sale. | ||||||
11 | (b) A certified licensee shall post in a conspicuous | ||||||
12 | position on the premises where the licensee conducts business a | ||||||
13 | sign that contains the following warning in block letters not | ||||||
14 | less than one inch in height: | ||||||
15 | "With few exceptions enumerated in the Firearm Owners | ||||||
16 | Identification Card Act, it is unlawful for you to: | ||||||
17 | (A) store or leave an unsecured firearm in a place | ||||||
18 | where a child can obtain access to it;
| ||||||
19 | (B) sell or transfer your firearm to someone else | ||||||
20 | without receiving approval for the transfer from the | ||||||
21 | Department of State Police, or | ||||||
22 | (C) fail to report the loss or theft of your | ||||||
23 | firearm to local law enforcement within 72 hours.". | ||||||
24 | This sign shall be created by the Department and made available | ||||||
25 | for printing or downloading from the Department's website. |
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1 | (c) No retail location established after the effective date | ||||||
2 | of this Act shall be located within 500 feet of any school, | ||||||
3 | pre-school, or day care facility in existence at its location | ||||||
4 | before the retail location is established as measured from the | ||||||
5 | nearest corner of the building holding the retail location to | ||||||
6 | the corner of the school, pre-school, or day care facility | ||||||
7 | building nearest the retail location at the time the retail | ||||||
8 | location seeks licensure. | ||||||
9 | Section 5-25. Exemptions. | ||||||
10 | The provisions of this Act related
to the certification of | ||||||
11 | a license do not apply to a
person or entity that engages in | ||||||
12 | the following
activities: | ||||||
13 | (1) temporary transfers of firearms solely for use at | ||||||
14 | the
location or on the premises where the transfer takes | ||||||
15 | place,
such as transfers at a shooting range for use at | ||||||
16 | that location; | ||||||
17 | (2) temporary transfers of firearms solely for use | ||||||
18 | while in
the presence of the transferor or transfers for | ||||||
19 | the
purposes of firearm safety training by a firearms | ||||||
20 | safety training instructor; | ||||||
21 | (3) transfers of firearms among immediate family or
| ||||||
22 | household members, as "immediate family or household | ||||||
23 | member" is
defined in Section 3-2.7-10 of the Unified Code | ||||||
24 | of Corrections, provided that both the transferor and | ||||||
25 | transferee have a currently valid Firearm Owner's |
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1 | Identification Card; however, this paragraph (3) does not | ||||||
2 | limit the familial gift exemption under paragraph (2) of | ||||||
3 | subsection (a-15) of Section 3 of the Firearm Owners | ||||||
4 | Identification Card Act; | ||||||
5 | (4) transfers by persons or entities acting under | ||||||
6 | operation
of law or a court order; | ||||||
7 | (5) transfers by persons or entities liquidating all or
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8 | part of a collection. For purposes of this paragraph (5),
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9 | "collection" means 2 or more firearms which are of special
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10 | interest to collectors by reason of some quality other than | ||||||
11 | is
associated with firearms intended for sporting use or as
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12 | offensive or defensive weapons; | ||||||
13 | (6) transfers of firearms that have been rendered
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14 | permanently inoperable to a nonprofit historical society,
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15 | museum, or institutional collection; | ||||||
16 | (7) transfers by a law enforcement or corrections | ||||||
17 | agency or
a law enforcement or corrections officer acting | ||||||
18 | within the
course and scope of his or her official duties; | ||||||
19 | (8) transfers to a State or local law enforcement | ||||||
20 | agency by a person who has his or her Firearm
Owner's | ||||||
21 | Identification Card revoked; | ||||||
22 | (9) transfers of curios and relics, as defined under
| ||||||
23 | federal law, between collectors licensed under subsection | ||||||
24 | (b)
of Section 923 of the federal Gun Control Act of 1968; | ||||||
25 | (10) transfers by a person or entity licensed as an | ||||||
26 | auctioneer under the Auction License Act; or |
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1 | (11) transfers between a pawnshop and a customer which | ||||||
2 | amount to a bailment. For purposes of this paragraph (11), | ||||||
3 | "bailment" means the act of placing property in the custody | ||||||
4 | and control of another, by agreement in which the holder is | ||||||
5 | responsible for the safekeeping and return of the property. | ||||||
6 | Section 5-30. Training of certified licensees. Any
| ||||||
7 | certified licensee and any employee of a certified licensee who | ||||||
8 | sells or
transfers firearms shall receive at least 2 hours of | ||||||
9 | training
annually regarding legal requirements and responsible | ||||||
10 | business practices as applicable to the sale or transfer or | ||||||
11 | firearms. The Department may adopt rules regarding
continuing | ||||||
12 | education for certified licensees related to legal | ||||||
13 | requirements and responsible business practices regarding the | ||||||
14 | sale or transfer of firearms. | ||||||
15 | Section 5-35. Inspection of licensees' places of business.
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16 | Licensees shall have their places of business open for
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17 | inspection by the Department and law enforcement during all
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18 | hours of operation involving the selling, leasing, or otherwise | ||||||
19 | transferring of firearms, provided that the Department or law
| ||||||
20 | enforcement may conduct no more than one unannounced inspection
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21 | per business per year without good cause. During an inspection, | ||||||
22 | licensees
shall make all records, documents, and firearms | ||||||
23 | accessible for
inspection upon the request of the Department or | ||||||
24 | law
enforcement agency. |
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1 | Section 5-40. Qualifications for operation. | ||||||
2 | (a) Each certified licensee shall submit with each | ||||||
3 | application for certification or renewal an affidavit to the | ||||||
4 | Department stating that each owner, employee, or other agent of | ||||||
5 | the certified licensee who sells or conducts transfers of | ||||||
6 | firearms for the certified licensee is at least 21 years of | ||||||
7 | age, has a currently valid Firearm Owner's Identification Card | ||||||
8 | and, for a renewal, has completed the training required under | ||||||
9 | Section 5-30. The affidavit must also contain the name and | ||||||
10 | Firearm Owner's Identification Card number of each owner, | ||||||
11 | employee, or other agent who sells or conducts transfers of | ||||||
12 | firearms for the certified licensee. If an owner, employee, or | ||||||
13 | other agent of the certified licensee is not otherwise a | ||||||
14 | resident of this State, the certified licensee shall submit an | ||||||
15 | affidavit stating that the owner, employee, or other agent has | ||||||
16 | undergone a background check and is not prohibited from owning | ||||||
17 | or possessing firearms. | ||||||
18 | (b) In addition to the affidavit required under subsection | ||||||
19 | (a), within 30 days of a new owner, employee, or other agent | ||||||
20 | beginning selling or conducting transfers of firearms for the | ||||||
21 | certified licensee, the certified licensee shall submit an | ||||||
22 | affidavit to the Department stating the date that the new | ||||||
23 | owner, employee, or other agent began selling or conducting | ||||||
24 | transfers of firearms for the certified licensee, and providing | ||||||
25 | the information required in subsection (a) for that new owner, |
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1 | employee, or other agent. | ||||||
2 | (c) If a certified licensee has a license, certificate, or | ||||||
3 | permit to sell, lease, transfer, purchase, or possess firearms | ||||||
4 | issued by the federal government or the government of any state | ||||||
5 | revoked or suspended for good cause within the preceding 4 | ||||||
6 | years, the Department may consider revoking or suspending the | ||||||
7 | certified licenses in this State. In making a determination of | ||||||
8 | whether or not to revoke or suspend a certified license in this | ||||||
9 | State, the Department shall consider the number of retail | ||||||
10 | locations the certified licensee or any related person or | ||||||
11 | entity operates in this State or in other states under the same | ||||||
12 | or different business names, and the severity of the infraction | ||||||
13 | in the state in which a license was revoked or suspended. | ||||||
14 | (d) Applications and affidavits required under this | ||||||
15 | Section are not subject to disclosure by the Department under | ||||||
16 | the Freedom of Information Act. | ||||||
17 | Section 5-45. Issuance of subpoenas. The Department may
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18 | subpoena and bring before it any person or entity to take oral | ||||||
19 | or written
testimony or may compel the production of any books, | ||||||
20 | papers,
records, or any other documents that the Department | ||||||
21 | deems directly relevant or material to an investigation or
| ||||||
22 | hearing conducted by the Department in the enforcement of this | ||||||
23 | Act, with the same
fees and in the same manner prescribed in | ||||||
24 | civil cases in the
courts of this State.
The licensee may file | ||||||
25 | an emergency motion with the Director or a hearing officer |
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| |||||||
1 | authorized by the Department to quash a subpoena issued by the | ||||||
2 | Department. If the Director or hearing officer determines that | ||||||
3 | the subpoena was issued without good cause, the Director or | ||||||
4 | hearing officer may quash the subpoena. | ||||||
5 | Section 5-50. Security system.
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6 | (a) On or before January 2, 2021, each certified licensee | ||||||
7 | operating a retail location in
this State must maintain a video | ||||||
8 | security system and shall maintain video surveillance of | ||||||
9 | critical areas of
the business premises, including, but not | ||||||
10 | limited to, all
places where firearms in inventory are stored, | ||||||
11 | handled, sold,
or transferred, and each entrance and exit. A | ||||||
12 | video surveillance system of the certified licensee's retail | ||||||
13 | location may not be installed in a bathroom and may not monitor
| ||||||
14 | inside the bathrooms located in the retail location. If a video | ||||||
15 | security system is deemed inadequate by the Department, the | ||||||
16 | licensee shall have 30 days to correct the inadequacy. The | ||||||
17 | Department shall submit to the licensee a written statement | ||||||
18 | describing the specific inadequacies. | ||||||
19 | (b) Each certified licensee operating a retail | ||||||
20 | establishment in this State must post a sign in a conspicuous | ||||||
21 | place at
each entrance to the retail location that states in | ||||||
22 | block letters not
less than one inch in height:
"THESE PREMISES | ||||||
23 | ARE UNDER VIDEO SURVEILLANCE. YOUR IMAGE MAY
BE RECORDED.". | ||||||
24 | This sign shall be created by the Department and available for | ||||||
25 | printing or downloading from the Department's website. |
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1 | (c) On or before January 2, 2020, each certified licensee | ||||||
2 | maintaining an inventory of firearms for sale or transfer must | ||||||
3 | be connected to an alarm monitoring system or service that will | ||||||
4 | notify its local law enforcement agency of an unauthorized | ||||||
5 | intrusion into the premises of the licensee where the firearm | ||||||
6 | inventory is maintained. | ||||||
7 | Section 5-55. Safe storage by certified licensees. In | ||||||
8 | addition to
adequate locks, exterior lighting, surveillance | ||||||
9 | cameras, alarm
systems, and other anti-theft measures and | ||||||
10 | practices, a certified licensee maintaining a retail location | ||||||
11 | shall develop a plan that addresses the safe
storage of | ||||||
12 | firearms and ammunition during retail hours and
after closing. | ||||||
13 | The certified licensee shall submit its safe storage plan to | ||||||
14 | the Department and the plan shall be deemed approved unless it | ||||||
15 | is rejected by the Department. The Department may reject the | ||||||
16 | plan if it is inadequate, along with a written statement | ||||||
17 | describing the specific inadequacies. The certified licensee | ||||||
18 | shall submit a corrected plan to the Department within 60 days | ||||||
19 | of notice of an inadequate plan. In the event there are still | ||||||
20 | problems with the corrected plan, the Department shall note the | ||||||
21 | specific inadequacies in writing and the certified licensee | ||||||
22 | shall have 60 days from each notice of an inadequate plan to | ||||||
23 | submit a corrected plan. The Department may reject the | ||||||
24 | corrected plan if it is inadequate. A certified licensee may | ||||||
25 | operate at all times that a plan is on file with the |
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| |||||||
1 | Department, and during times permitted by this Section to | ||||||
2 | prepare and submit corrected plans. That any certified licensee | ||||||
3 | has operated without an approved safe storage plan for more | ||||||
4 | than 60 days shall be grounds for revocation of a certificate | ||||||
5 | of license. The Department shall adopt rules regarding the | ||||||
6 | adequacy of a safe storage plan. The rules shall take into | ||||||
7 | account the various types and sizes of the entities involved, | ||||||
8 | and shall comply with all relevant State and federal laws. Safe | ||||||
9 | storage plans required under this Section are not subject to | ||||||
10 | disclosure by the Department under the Freedom of Information | ||||||
11 | Act. | ||||||
12 | Section 5-60. Statewide compliance standards. The | ||||||
13 | Department shall develop and implement by rule statewide | ||||||
14 | training standards for assisting certified licensees in | ||||||
15 | recognizing indicators that would lead a reasonable dealer to | ||||||
16 | refuse sale
of a firearm, including, but not limited to, | ||||||
17 | indicators of a straw purchase. | ||||||
18 | Section 5-65. Electronic-based recordkeeping. On or before | ||||||
19 | January 2, 2020, each certified
licensee operating a retail | ||||||
20 | location shall implement an
electronic-based record system to | ||||||
21 | keep track of its changing
inventory by updating the make, | ||||||
22 | model, caliber or gauge, and
serial number of each firearm that | ||||||
23 | is received or sold by the certified licensee. Retail sales and | ||||||
24 | purchases shall be recorded within 24 hours of the transaction. |
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1 | Shipments of firearms from manufacturers or wholesalers shall | ||||||
2 | be recorded upon the earlier of five business days or with 24 | ||||||
3 | hours of the shipment being unpacked and the firearm placed in | ||||||
4 | inventory. Each certified licensee shall maintain these | ||||||
5 | records for
a period of no less than the time period under 27 | ||||||
6 | CFR 478.129 or any subsequent law that regulates the retention | ||||||
7 | of records. | ||||||
8 | Section 5-70. Fees and fines deposited in the Firearm | ||||||
9 | Dealer License Certification Fund. The Department shall set | ||||||
10 | and collect a
fee for each licensee certifying under this Act. | ||||||
11 | The
fee may not exceed $300 for a certified licensee operating | ||||||
12 | without a
retail location. The fee may not exceed $1,500 for | ||||||
13 | any certified licensee
operating with a retail location.
The | ||||||
14 | Department may not charge a certified licensee in this State, | ||||||
15 | operating under the same or different business name, fees | ||||||
16 | exceeding $40,000 for the certification of multiple licenses. | ||||||
17 | All fees and fines collected under this Act shall be deposited | ||||||
18 | in the Firearm Dealer License Certification Fund which is | ||||||
19 | created in the State treasury. Moneys in the Fund shall be used | ||||||
20 | for implementation and administration of this Act. | ||||||
21 | Section 5-75. Term of license. Each certification shall be | ||||||
22 | valid for
the term of the license being certified. A licensee | ||||||
23 | shall certify each new or renewed license. However, the | ||||||
24 | Department is not required to renew a certification if a prior |
| |||||||
| |||||||
1 | certification has been revoked or suspended. | ||||||
2 | Section 5-80. Retention of records. Each certified | ||||||
3 | licensee shall keep,
either in electronic form or hard copy, | ||||||
4 | all acquisition and disposition records
for a period of time no | ||||||
5 | less than the time required under 27 CFR 478.129 or any | ||||||
6 | subsequent law that regulates the retention of records. All | ||||||
7 | video surveillance
records, along with any sound recordings | ||||||
8 | obtained from them, shall be kept
for a period of not less than | ||||||
9 | 90 days. | ||||||
10 | Section 5-85. Disciplinary sanctions. | ||||||
11 | (a) For violations of this Act not penalized under Section
| ||||||
12 | 5-15, the Department may
refuse to renew or
restore, or may | ||||||
13 | reprimand, place on probation, suspend, revoke,
or take other | ||||||
14 | disciplinary or non-disciplinary action against
any licensee, | ||||||
15 | and may impose a fine commensurate with the severity of the | ||||||
16 | violation not to exceed $10,000 for each
violation for any of | ||||||
17 | the following, consistent with the Protection
of Lawful | ||||||
18 | Commerce in Arms Act, 15 U.S.C. 7901 through 7903:
| ||||||
19 | (1) Violations of this Act, or any law applicable to | ||||||
20 | the sale or
transfer of firearms.
| ||||||
21 | (2) A pattern of practice or other behavior which
| ||||||
22 | demonstrates incapacity or incompetency to practice under
| ||||||
23 | this Act.
| ||||||
24 | (3) Aiding or assisting another person in violating any
|
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| |||||||
1 | provision of this Act or rules adopted under this Act.
| ||||||
2 | (4) Failing, within 60 days, to provide information in
| ||||||
3 | response to a written request made by the Department.
| ||||||
4 | (5) Conviction of, plea of guilty to, or plea of nolo
| ||||||
5 | contendere to any crime that disqualifies the person from
| ||||||
6 | obtaining a valid Firearm Owner's Identification Card.
| ||||||
7 | (6) Continued practice, although the person has become
| ||||||
8 | unfit to practice due to any of the following:
| ||||||
9 | (A) Any circumstance that disqualifies the person
| ||||||
10 | from obtaining a valid Firearm Owner's Identification
| ||||||
11 | Card or concealed carry license.
| ||||||
12 | (B) Habitual or excessive use or abuse of drugs
| ||||||
13 | defined in law as controlled substances, alcohol, or
| ||||||
14 | any other substance that results in the inability to
| ||||||
15 | practice with reasonable judgment, skill, or safety. | ||||||
16 | (7) Receiving, directly or indirectly, compensation
| ||||||
17 | for any firearms sold or transferred illegally.
| ||||||
18 | (8) Discipline by another United States jurisdiction,
| ||||||
19 | foreign nation, or governmental agency, if at least one of
| ||||||
20 | the grounds for the discipline is the same or substantially
| ||||||
21 | equivalent to those set forth in this Act.
| ||||||
22 | (9) Violation of any disciplinary order imposed on a
| ||||||
23 | licensee by the Department.
| ||||||
24 | (10) A finding by the Department that the licensee,
| ||||||
25 | after having his or her certified license placed on | ||||||
26 | probationary
status, has violated the terms of probation.
|
| |||||||
| |||||||
1 | (11) A fraudulent or material misstatement in the | ||||||
2 | completion of an affirmative obligation or inquiry by law | ||||||
3 | enforcement. | ||||||
4 | (b) All fines imposed under this Section shall be paid
| ||||||
5 | within 90 days after the effective date of the final order | ||||||
6 | imposing
the fine. | ||||||
7 | Section 5-90. Statute of limitations. No action may be | ||||||
8 | taken
under this Act against a person or entity certified under | ||||||
9 | this
Act unless the action is commenced within 5 years after | ||||||
10 | the
occurrence of the alleged violations. A continuing | ||||||
11 | violation
shall be deemed to have occurred on the date when the
| ||||||
12 | circumstances last existed that give rise to the alleged
| ||||||
13 | violation. | ||||||
14 | Section 5-95. Complaints; investigations; hearings.
| ||||||
15 | (a) The Department may investigate the actions of any
| ||||||
16 | applicant or of any person or persons holding or claiming to
| ||||||
17 | hold a license or registration under this Act. | ||||||
18 | (b) The Department shall, before disciplining a licensee
| ||||||
19 | under Section 5-85 or refusing to issue a certificate of | ||||||
20 | license, at least 30
days before the date set for the hearing, | ||||||
21 | (i) notify the
accused in writing of the charges made and the | ||||||
22 | time and place
for the hearing on the charges, (ii) direct him | ||||||
23 | or her to file
a written answer to the charges under oath | ||||||
24 | within 20 days after
service, and (iii) inform the licensee |
| |||||||
| |||||||
1 | that
failure to answer will result in a default being entered
| ||||||
2 | against the licensee. | ||||||
3 | (c) At the time and place fixed in the notice, the Director | ||||||
4 | or
the hearing officer appointed by the Director shall proceed | ||||||
5 | to
hear the charges, and the parties or their counsel shall be
| ||||||
6 | accorded ample opportunity to present any pertinent
| ||||||
7 | statements, testimony, evidence, and arguments. The Director | ||||||
8 | or
hearing officer may continue the hearing from time to time. | ||||||
9 | In
case the person, after receiving the notice, fails to file | ||||||
10 | an
answer, his, her, or its license may, in the discretion of | ||||||
11 | the Director, having first received the recommendation of the | ||||||
12 | Director, be suspended, revoked, or placed on probationary | ||||||
13 | status,
or be subject to whatever disciplinary action the | ||||||
14 | Director considers proper, including limiting the scope, | ||||||
15 | nature, or
extent of the person's business, or the imposition | ||||||
16 | of a fine,
without hearing, if the act or acts charged | ||||||
17 | constitute
sufficient grounds for that action under this Act. | ||||||
18 | (d) The written notice and any notice in the subsequent
| ||||||
19 | proceeding may be served by certified mail to the licensee's
| ||||||
20 | address of record. | ||||||
21 | (e) The Director has the authority to appoint any attorney
| ||||||
22 | licensed to practice law in this State to serve as the hearing
| ||||||
23 | officer in any action for refusal to issue, restore, or renew a
| ||||||
24 | license, or to discipline a licensee. The hearing officer has
| ||||||
25 | full authority to conduct the hearing.
|
| |||||||
| |||||||
1 | Section 5-100. Hearing; rehearing. | ||||||
2 | (a) The Director or the hearing officer authorized by the
| ||||||
3 | Department shall hear evidence in support of the formal charges
| ||||||
4 | and evidence produced by the licensee. At the conclusion of the
| ||||||
5 | hearing, the Director shall prepare a written
report of his or | ||||||
6 | her findings of fact, conclusions of law, and
recommendations. | ||||||
7 | The report shall contain a finding of whether
the accused | ||||||
8 | person violated this Act or failed to comply with
the | ||||||
9 | conditions required in this Act. | ||||||
10 | (b) At the conclusion of the hearing, a copy of the | ||||||
11 | Director's or hearing officer's report shall be served upon the | ||||||
12 | licensee by the Department, either personally or as provided
in | ||||||
13 | this Act, for the service of a notice of hearing. Within 20
| ||||||
14 | calendar days after service, the licensee may
present to the | ||||||
15 | Department a motion in writing for a rehearing,
which shall | ||||||
16 | specify the particular grounds for rehearing. The
Department | ||||||
17 | may respond to the motion for rehearing within 20
calendar days | ||||||
18 | after its service on the Department. If no motion
for rehearing | ||||||
19 | is filed, then upon the expiration of the time
specified for | ||||||
20 | filing such a motion, or upon denial of a motion
for rehearing, | ||||||
21 | the Director may enter an order in accordance
with his or her | ||||||
22 | recommendations or the recommendations of the hearing officer. | ||||||
23 | If
the licensee orders from the reporting service and
pays for | ||||||
24 | a transcript of the record within the time for filing
a motion | ||||||
25 | for rehearing, the 20-day period within which a motion
may be | ||||||
26 | filed shall commence upon the delivery of the transcript
to the |
| |||||||
| |||||||
1 | licensee. | ||||||
2 | (c) All proceedings under this Section are matters of
| ||||||
3 | public record and shall be preserved. | ||||||
4 | (d) The licensee may continue to operate during the course | ||||||
5 | of an investigation or
hearing, unless the Director finds that | ||||||
6 | the public interest,
safety, or welfare requires an emergency | ||||||
7 | action.
| ||||||
8 | (e) Upon the suspension or revocation of a certificate of | ||||||
9 | license, the
licensee shall surrender the certificate to the | ||||||
10 | Department and,
upon failure to do so, the Department shall | ||||||
11 | seize the same. However, when the certification of a certified | ||||||
12 | licensee is suspended, the certified licensee shall not operate | ||||||
13 | as a certified licensee during the period in which the | ||||||
14 | certificate is suspended and, if operating during that period, | ||||||
15 | shall be operating in violation of subsection (a) of Section | ||||||
16 | 5-15 of this Act. A person who violates this Section is guilty | ||||||
17 | of a Class A misdemeanor for a first violation, and a Class 4 | ||||||
18 | felony for a second or subsequent violation. In addition to any | ||||||
19 | other penalty provided by law, any person or entity who | ||||||
20 | violates this Section shall pay a civil penalty to the | ||||||
21 | Department in an amount not to exceed $2,500 for the first | ||||||
22 | violation, and a fine not to exceed $5,000 for a second or | ||||||
23 | subsequent violation. | ||||||
24 | Section 5-105. Restoration of certificate of license after | ||||||
25 | disciplinary
proceedings. At any time after the successful |
| |||||||
| |||||||
1 | completion of a
term of probation, suspension, or
revocation of | ||||||
2 | a certificate of license, the Department may restore it to the
| ||||||
3 | licensee, unless, after an investigation and a hearing, the | ||||||
4 | Director
determines that restoration is not in the public
| ||||||
5 | interest. No person or entity whose certificate of license, | ||||||
6 | card, or authority
has been revoked as authorized in this Act | ||||||
7 | may apply for
restoration of that certificate of license, card, | ||||||
8 | or authority until
such time as provided for in the Civil | ||||||
9 | Administrative Code of
Illinois.
| ||||||
10 | Section 5-110. Administrative review. All final
| ||||||
11 | administrative decisions of the Department are subject to
| ||||||
12 | judicial review under Article III of the Code of Civil
| ||||||
13 | Procedure. The term "administrative decision" is defined as in
| ||||||
14 | Section 3-101 of the Code of Civil Procedure. The proceedings
| ||||||
15 | for judicial review shall be commenced in the circuit court of
| ||||||
16 | the county in which the party applying for review resides, but
| ||||||
17 | if the party is not a resident of this State, the venue shall
| ||||||
18 | be in Sangamon County. The Department shall not be required to
| ||||||
19 | certify any record to the court, or file any answer in court, | ||||||
20 | or
otherwise appear in any court in a judicial review | ||||||
21 | proceeding,
unless, and until, the Department has received from | ||||||
22 | the plaintiff
payment of the costs of furnishing and certifying | ||||||
23 | the record,
which costs shall be determined by the Department. | ||||||
24 | Exhibits
shall be certified without cost. Failure on the part | ||||||
25 | of the
applicant or licensee to file a receipt in court is |
| |||||||
| |||||||
1 | grounds for
dismissal of the action.
| ||||||
2 | Section 5-115. Prima facie proof.
| ||||||
3 | (a) An order or a certified copy thereof, over the seal of
| ||||||
4 | the Department and purporting to be signed by the Director, is
| ||||||
5 | prima facie proof that the signature is that of the Director,
| ||||||
6 | and the Director is qualified to act. | ||||||
7 | (b) A certified copy of a record of the Department shall,
| ||||||
8 | without further proof, be admitted into evidence in any legal
| ||||||
9 | proceeding, and shall be prima facie correct and prima facie
| ||||||
10 | evidence of the information contained therein. | ||||||
11 | Section 5-120. Federal agencies and investigations. | ||||||
12 | Nothing in this Act shall be construed to interfere with any | ||||||
13 | federal agency or any federal agency investigation. All | ||||||
14 | Department rules adopted under this Act shall comply with | ||||||
15 | federal law. The Department may as necessary coordinate efforts | ||||||
16 | with relevant State and federal law enforcement agencies to | ||||||
17 | enforce this Act. | ||||||
18 | ARTICLE 10. GUN TRAFFICKING INFORMATION ACT | ||||||
19 | Section 10-1. Short title. This Article 5 may be cited as | ||||||
20 | the Gun Trafficking Information Act. References in this Article | ||||||
21 | to "this Act" mean this Article. |
| |||||||
| |||||||
1 | Section 10-5. Gun trafficking information.
| ||||||
2 | (a) The Department of State Police shall use all reasonable | ||||||
3 | efforts in making publicly available, on a regular and ongoing
| ||||||
4 | basis, key information related to firearms used in the
| ||||||
5 | commission of crimes in this State, including, but not limited
| ||||||
6 | to: reports on crimes committed with firearms, locations where
| ||||||
7 | the crimes occurred, the number of persons killed or injured in
| ||||||
8 | the commission of the crimes, the state where the firearms used
| ||||||
9 | originated, the Federal Firearms Licensee that sold the | ||||||
10 | firearm, and the type of firearms used. The Department
shall | ||||||
11 | make the information available on its
website, in addition to | ||||||
12 | electronically filing a report with the
Governor and the | ||||||
13 | General Assembly. The report to the General
Assembly shall be | ||||||
14 | filed with the Clerk of the House of
Representatives and the | ||||||
15 | Secretary of the Senate in electronic
form only, in the manner | ||||||
16 | that the Clerk and the Secretary shall
direct.
| ||||||
17 | (b) The Department shall study, on a regular and ongoing | ||||||
18 | basis, and compile reports on the number of Firearm Owner's | ||||||
19 | Identification Card checks to determine firearms trafficking | ||||||
20 | or straw purchase patterns. The Department shall, to the extent | ||||||
21 | not inconsistent with law, share such reports and underlying | ||||||
22 | data with academic centers, foundations, and law enforcement | ||||||
23 | agencies studying firearms trafficking, provided that | ||||||
24 | personally identifying information is protected. For purposes | ||||||
25 | of this subsection (b), a Firearm Owner's Identification Card | ||||||
26 | number is not personally identifying information, provided |
| |||||||
| |||||||
1 | that no other personal information of the card holder is | ||||||
2 | attached to the record. The Department may create and attach an | ||||||
3 | alternate unique identifying number to each Firearm Owner's | ||||||
4 | Identification Card number, instead of releasing the Firearm | ||||||
5 | Owner's Identification Card number itself. | ||||||
6 | (c) Each department, office, division, and agency of this
| ||||||
7 | State shall, to the extent not inconsistent with law, cooperate
| ||||||
8 | fully with the Department and furnish the
Department with all | ||||||
9 | relevant information and assistance on a
timely basis as is | ||||||
10 | necessary to accomplish the purpose of this
Act. The Illinois | ||||||
11 | Criminal Justice Information Authority shall submit the | ||||||
12 | information required in subsection (a) of this Section to the | ||||||
13 | Department of State Police, and any other information as the | ||||||
14 | Department may request, to assist the Department in carrying | ||||||
15 | out its duties under this Act. | ||||||
16 | ARTICLE 15. AMENDATORY PROVISIONS | ||||||
17 | Section 15-3. The State Finance Act is amended by adding | ||||||
18 | Section 5.886 as follows: | ||||||
19 | (30 ILCS 105/5.886 new) | ||||||
20 | Sec. 5.886. The Firearm Dealer License Certification Fund. | ||||||
21 | Section 15-5. The Firearm Owners Identification Card Act is | ||||||
22 | amended by changing Section 3 as follows: |
| |||||||
| |||||||
1 | (430 ILCS 65/3) (from Ch. 38, par. 83-3) | ||||||
2 | Sec. 3. (a) Except as provided in Section 3a, no person may | ||||||
3 | knowingly
transfer, or cause to be transferred, any firearm, | ||||||
4 | firearm ammunition, stun gun, or taser to any person within | ||||||
5 | this State unless the
transferee with whom he deals displays | ||||||
6 | either: (1) a currently valid Firearm Owner's
Identification | ||||||
7 | Card which has previously been issued in his or her name by the
| ||||||
8 | Department of State Police under the provisions of this Act; or | ||||||
9 | (2) a currently valid license to carry a concealed firearm | ||||||
10 | which has previously been issued in his or her name by the
| ||||||
11 | Department of State Police under the Firearm Concealed Carry | ||||||
12 | Act. In addition,
all firearm, stun gun, and taser transfers by | ||||||
13 | federally licensed firearm dealers are subject
to Section 3.1. | ||||||
14 | (a-5) Any person who is not a federally licensed firearm | ||||||
15 | dealer and who desires to transfer or sell a firearm while that | ||||||
16 | person is on the grounds of a gun show must, before selling or | ||||||
17 | transferring the firearm, request the Department of State | ||||||
18 | Police to conduct a background check on the prospective | ||||||
19 | recipient of the firearm in accordance with Section 3.1.
| ||||||
20 | (a-10) Notwithstanding item (2) of subsection (a) of this | ||||||
21 | Section, any person who is not a federally licensed firearm | ||||||
22 | dealer and who desires to transfer or sell a firearm or | ||||||
23 | firearms to any person who is not a federally licensed firearm | ||||||
24 | dealer shall, before selling or transferring the firearms, | ||||||
25 | contact the Department of State Police with the transferee's or |
| |||||||
| |||||||
1 | purchaser's Firearm Owner's Identification Card number to | ||||||
2 | determine the validity of the transferee's or purchaser's | ||||||
3 | Firearm Owner's Identification Card. This subsection shall not | ||||||
4 | be effective until January 1, 2014. The Department of State | ||||||
5 | Police may adopt rules concerning the implementation of this | ||||||
6 | subsection. The Department of State Police shall provide the | ||||||
7 | seller or transferor an approval number if the purchaser's | ||||||
8 | Firearm Owner's Identification Card is valid. Approvals issued | ||||||
9 | by the Department for the purchase of a firearm pursuant to | ||||||
10 | this subsection are valid for 30 days from the date of issue. | ||||||
11 | (a-15) The provisions of subsection (a-10) of this Section | ||||||
12 | do not apply to: | ||||||
13 | (1) transfers that occur at the place of business of a | ||||||
14 | federally licensed firearm dealer, if the federally | ||||||
15 | licensed firearm dealer conducts a background check on the | ||||||
16 | prospective recipient of the firearm in accordance with | ||||||
17 | Section 3.1 of this Act and follows all other applicable | ||||||
18 | federal, State, and local laws as if he or she were the | ||||||
19 | seller or transferor of the firearm, although the dealer is | ||||||
20 | not required to accept the firearm into his or her | ||||||
21 | inventory. The purchaser or transferee may be required by | ||||||
22 | the federally licensed firearm dealer to pay a fee not to | ||||||
23 | exceed $10 per firearm, which the dealer may retain as | ||||||
24 | compensation for performing the functions required under | ||||||
25 | this paragraph, plus the applicable fees authorized by | ||||||
26 | Section 3.1; |
| |||||||
| |||||||
1 | (2) transfers as a bona fide gift to the transferor's | ||||||
2 | husband, wife, son, daughter, stepson, stepdaughter, | ||||||
3 | father, mother, stepfather, stepmother, brother, sister, | ||||||
4 | nephew, niece, uncle, aunt, grandfather, grandmother, | ||||||
5 | grandson, granddaughter, father-in-law, mother-in-law, | ||||||
6 | son-in-law, or daughter-in-law; | ||||||
7 | (3) transfers by persons acting pursuant to operation | ||||||
8 | of law or a court order; | ||||||
9 | (4) transfers on the grounds of a gun show under | ||||||
10 | subsection (a-5) of this Section; | ||||||
11 | (5) the delivery of a firearm by its owner to a | ||||||
12 | gunsmith for service or repair, the return of the firearm | ||||||
13 | to its owner by the gunsmith, or the delivery of a firearm | ||||||
14 | by a gunsmith to a federally licensed firearms dealer for | ||||||
15 | service or repair and the return of the firearm to the | ||||||
16 | gunsmith; | ||||||
17 | (6) temporary transfers that occur while in the home of | ||||||
18 | the unlicensed transferee, if the unlicensed transferee is | ||||||
19 | not otherwise prohibited from possessing firearms and the | ||||||
20 | unlicensed transferee reasonably believes that possession | ||||||
21 | of the firearm is necessary to prevent imminent death or | ||||||
22 | great bodily harm to the unlicensed transferee; | ||||||
23 | (7) transfers to a law enforcement or corrections | ||||||
24 | agency or a law enforcement or corrections officer acting | ||||||
25 | within the course and scope of his or her official duties; | ||||||
26 | (8) transfers of firearms that have been rendered |
| |||||||
| |||||||
1 | permanently inoperable to a nonprofit historical society, | ||||||
2 | museum, or institutional collection; and | ||||||
3 | (9) transfers to a person who is exempt from the | ||||||
4 | requirement of possessing a Firearm Owner's Identification | ||||||
5 | Card under Section 2 of this Act. | ||||||
6 | (a-20) The Department of State Police shall develop an | ||||||
7 | Internet-based system for individuals to determine the | ||||||
8 | validity of a Firearm Owner's Identification Card prior to the | ||||||
9 | sale or transfer of a firearm. The Department shall have the | ||||||
10 | Internet-based system completed and available for use by July | ||||||
11 | 1, 2015. The Department shall adopt rules not inconsistent with | ||||||
12 | this Section to implement this system. | ||||||
13 | (b) Any person within this State who transfers or causes to | ||||||
14 | be
transferred any firearm, stun gun, or taser shall keep a | ||||||
15 | record of such transfer for a period
of 10 years from the date | ||||||
16 | of transfer. Such record shall contain the date
of the | ||||||
17 | transfer; the description, serial number or other information
| ||||||
18 | identifying the firearm, stun gun, or taser if no serial number | ||||||
19 | is available; and, if the
transfer was completed within this | ||||||
20 | State, the transferee's Firearm Owner's
Identification Card | ||||||
21 | number and any approval number or documentation provided by the | ||||||
22 | Department of State Police pursuant to subsection (a-10) of | ||||||
23 | this Section ; if the transfer was not completed within this | ||||||
24 | State, the record shall contain the name and address of the | ||||||
25 | transferee . On or after January 1, 2006, the record shall | ||||||
26 | contain the date of application for transfer of the firearm. On |
| |||||||
| |||||||
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 | For transfers of a firearm, stun gun, or taser made on or after | ||||||
7 | the effective date of this amendatory Act of the 100th General | ||||||
8 | Assembly, failure by the private seller to maintain the | ||||||
9 | transfer records in accordance with this Section is a Class A | ||||||
10 | misdemeanor for the first offense and a Class 4 felony for a | ||||||
11 | second or subsequent offense. A transferee shall not be | ||||||
12 | criminally liable under this Section provided that he or she | ||||||
13 | provides the Department of State Police with the transfer | ||||||
14 | records in accordance with procedures established by the | ||||||
15 | Department. The Department shall establish, by rule, a standard | ||||||
16 | form on its website. | ||||||
17 | (b-5) Any resident may purchase ammunition from a person | ||||||
18 | within or outside of Illinois if shipment is by United States | ||||||
19 | mail or by a private express carrier authorized by federal law | ||||||
20 | to ship ammunition. Any resident purchasing ammunition within | ||||||
21 | or outside the State of Illinois must provide the seller with a | ||||||
22 | copy of his or her valid Firearm Owner's Identification Card or | ||||||
23 | valid concealed carry license and either his or her Illinois | ||||||
24 | driver's license or Illinois State Identification Card prior to | ||||||
25 | the shipment of the ammunition. The ammunition may be shipped | ||||||
26 | only to an address on either of those 2 documents. |
| |||||||
| |||||||
1 | (c) The provisions of this Section regarding the transfer | ||||||
2 | of firearm
ammunition shall not apply to those persons | ||||||
3 | specified in paragraph (b) of
Section 2 of this Act. | ||||||
4 | (Source: P.A. 98-508, eff. 8-19-13; 99-29, eff. 7-10-15.) | ||||||
5 | ARTICLE 20. SEVERABILITY | ||||||
6 | Section 20-97. Severability. The provisions of this Act are | ||||||
7 | severable under Section 1.31 of the Statute on Statutes. |