Sen. Don Harmon
Filed: 5/15/2018
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1 | AMENDMENT TO SENATE BILL 337
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2 | AMENDMENT NO. ______. Amend Senate Bill 337, AS AMENDED, by | ||||||
3 | replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "ARTICLE 1. COMBATING ILLEGAL GUN TRAFFICKING ACT | ||||||
6 | Section 1-1. References to Act. This Act may be referred | ||||||
7 | to as the Combating Illegal Gun Trafficking Act. | ||||||
8 | ARTICLE 5. FIREARM DEALER LICENSE CERTIFICATION ACT | ||||||
9 | Section 5-1. Short title. This Article 1 may be cited as | ||||||
10 | the Firearm Dealer License Certification Act. References in | ||||||
11 | this Article to "this Act" mean this Article.
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12 | Section 5-5. Definitions. In this Act: | ||||||
13 | "Certified licensee" means a licensee that has previously |
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1 | certified its license with the Department
under this Act. | ||||||
2 | "Department" means the Department of State Police. | ||||||
3 | "Director" means the Director of State Police. | ||||||
4 | "Entity" means any person, firm, corporation, group of | ||||||
5 | individuals, or other legal entity. | ||||||
6 | "Inventory" means firearms in the possession of an | ||||||
7 | individual or entity for the purpose of sale or
transfer.
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8 | "License" means a Federal Firearms License authorizing an | ||||||
9 | individual to engage in the business of
dealing firearms.
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10 | "Licensee" means a person, firm, corporation, or other | ||||||
11 | entity who has been given, and is currently in
possession of, a | ||||||
12 | valid Federal Firearms License. | ||||||
13 | "Retail location" means a store or similar location open to | ||||||
14 | the public from which a certified licensee
engages in the | ||||||
15 | business of selling, transferring, or facilitating a sale or | ||||||
16 | transfer of a firearm.
For purposes of this Act, a gun show at | ||||||
17 | which a certified licensee engages in business from time to | ||||||
18 | time is not a retail location. | ||||||
19 | Section 5-10. Copy of Federal Firearms License filed with | ||||||
20 | the
Department. Each licensee shall file with the Department a | ||||||
21 | copy of its license,
together with a sworn affidavit indicating | ||||||
22 | that the license presented
is in fact its license and that the | ||||||
23 | license is valid. Upon receipt and review by the Department, | ||||||
24 | the Department
shall issue a certificate of license to the | ||||||
25 | licensee, allowing the
licensee to conduct business within this |
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1 | State.
The Department shall issue an initial certificate of | ||||||
2 | license within 30 days of receipt of the copy of license and | ||||||
3 | sworn affidavit. | ||||||
4 | Section 5-15. Certification requirement. | ||||||
5 | (a) Beginning 90 days after the effective date of this Act, | ||||||
6 | it is unlawful for a person or entity to engage in the business
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7 | of selling, leasing, or otherwise transferring firearms
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8 | without a valid certificate of license issued under this Act. | ||||||
9 | In the event that a person or entity maintains multiple | ||||||
10 | licenses to engage in different lines of business requiring | ||||||
11 | different licenses at one location, then the licenses shall be | ||||||
12 | deemed one license for purposes of certification. In the event | ||||||
13 | that a person or entity maintains multiple licenses to engage | ||||||
14 | in business at multiple locations, then each license and | ||||||
15 | location must receive its own certification. | ||||||
16 | (b) It is unlawful for a person or entity without first | ||||||
17 | being a certified licensee under this Act to act as if he or | ||||||
18 | she is certified under this Act, to advertise, to assume to act | ||||||
19 | as a certified licensee or to use a title implying that
the | ||||||
20 | person or entity is engaged in business as a
certified licensee
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21 | without a license certified under this Act. | ||||||
22 | (c) It is unlawful to obtain or attempt to obtain any
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23 | certificate of license under this Act by material misstatement | ||||||
24 | or fraudulent
misrepresentation. Notwithstanding the | ||||||
25 | provisions of Section
5-85, in addition to any penalty imposed |
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1 | under this Section, any
certificate of license obtained under | ||||||
2 | this Act due to
material misstatement or fraudulent | ||||||
3 | misrepresentation shall automatically be revoked.
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4 | (d) A person who violates any provision of this Section is
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5 | guilty of a Class A misdemeanor for a first violation, and a
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6 | Class 4 felony for a second or subsequent violation. | ||||||
7 | (e) In addition to any other penalty provided by law, any
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8 | person or entity who violates any provision of this Section
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9 | shall pay a civil penalty to the Department in an amount not to
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10 | exceed $10,000 for each offense, as determined by the
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11 | Department. The civil penalty shall be assessed by the
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12 | Department after a hearing is held in accordance with Sections | ||||||
13 | 5-95 and 5-100. | ||||||
14 | (f) The Department has the authority and power to
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15 | investigate any and all unlicensed activity requiring a license | ||||||
16 | certified under this Act. | ||||||
17 | (g) The civil penalty shall be paid within 60 days after
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18 | the effective date of the order imposing the civil penalty. The
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19 | order shall constitute a judgment and may be filed and
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20 | execution had thereon in the same manner as any judgment from
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21 | any court of record.
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22 | (h) In the event the certification of a certified licensee | ||||||
23 | is revoked, it shall be a violation of this Act for the revoked | ||||||
24 | licensee to seek certification of a license held under a | ||||||
25 | different name, or to re-open as a certified licensee under | ||||||
26 | another name using the same license or as the same person or |
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1 | entity doing business under a different 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. | ||||||
12 | (3) The type of ownership or operation, such as a | ||||||
13 | partnership, corporation, or sole proprietorship. | ||||||
14 | (4) The name of the owner or operator of the | ||||||
15 | dealership, including: | ||||||
16 | (A) if a person, then the name and address of | ||||||
17 | record of the person; | ||||||
18 | (B) if a partnership, then the name and address of | ||||||
19 | record of each partner and the name of the partnership; | ||||||
20 | (C) if a corporation, then the name, address of | ||||||
21 | record, and title of each corporate officer and | ||||||
22 | director, and each owner of more than 5% of the | ||||||
23 | corporation, the corporate names, and the name of the | ||||||
24 | state of incorporation; and | ||||||
25 | (D) if a sole proprietorship, then the full name | ||||||
26 | and address of record of the sole proprietor and the |
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1 | name of the business entity. | ||||||
2 | Section 5-20. Additional licensee requirements. | ||||||
3 | (a) A certified licensee shall make a photo copy of a | ||||||
4 | buyer's or transferee's valid photo identification card | ||||||
5 | whenever a firearm sale transaction takes place. The photo copy | ||||||
6 | shall be attached to the documentation detailing the record of | ||||||
7 | sale. | ||||||
8 | (b) A certified licensee shall post in a conspicuous | ||||||
9 | position on the premises where the licensee conducts business a | ||||||
10 | sign that contains the following warning in block letters not | ||||||
11 | less than one inch in height: | ||||||
12 | "With few exceptions, it is unlawful for you to: | ||||||
13 | (A) store or leave an unsecured firearm in a place | ||||||
14 | where a child can obtain access to it;
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15 | (B) sell or transfer your firearm to someone else | ||||||
16 | without receiving approval for the transfer from the | ||||||
17 | Department of State Police, or | ||||||
18 | (C) fail to report the loss or theft of your | ||||||
19 | firearm to local law enforcement within 72 hours.". | ||||||
20 | (c) No retail location established after the effective date | ||||||
21 | of this Act shall be located within 500 feet of any school, | ||||||
22 | pre-school, or day care facility in existence at its location | ||||||
23 | before the retail location is established. | ||||||
24 | Section 5-25. Exemptions. |
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1 | The provisions of this Act related
to the certification of | ||||||
2 | a license do not apply to a
person or entity that engages in | ||||||
3 | the following
activities: | ||||||
4 | (1) temporary transfers of firearms solely for use at | ||||||
5 | the
location or on the premises where the transfer takes | ||||||
6 | place,
such as transfers at a shooting range for use at | ||||||
7 | that location; | ||||||
8 | (2) temporary transfers of firearms solely for use | ||||||
9 | while in
the presence of the transferor or transfers for | ||||||
10 | the
purposes of firearm safety training by a firearms | ||||||
11 | safety training instructor; | ||||||
12 | (3) transfers of firearms among immediate family or
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13 | household members, as "immediate family or household | ||||||
14 | member" is
defined in Section 3-2.7-10 of the Unified Code | ||||||
15 | of Corrections, provided that both the transferor and | ||||||
16 | transferee have a currently valid Firearm Owner's | ||||||
17 | Identification Card; however, this paragraph (3) does not | ||||||
18 | limit the familial gift exemption under paragraph (2) of | ||||||
19 | subsection (a-15) of Section 3 of the Firearm Owners | ||||||
20 | Identification Card Act; | ||||||
21 | (4) transfers by persons or entities acting under | ||||||
22 | operation
of law or a court order; | ||||||
23 | (5) transfers by persons or entities liquidating all or
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24 | part of a collection. For purposes of this paragraph (5),
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25 | "collection" means 2 or more firearms which are of special
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26 | interest to collectors by reason of some quality other than |
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1 | is
associated with firearms intended for sporting use or as
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2 | offensive or defensive weapons; | ||||||
3 | (6) transfers of firearms that have been rendered
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4 | permanently inoperable to a nonprofit historical society,
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5 | museum, or institutional collection; | ||||||
6 | (7) transfers by 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 to a State or local law enforcement | ||||||
10 | agency by a person who has his or her Firearm
Owner's | ||||||
11 | Identification Card revoked; | ||||||
12 | (9) transfers of curios and relics, as defined under
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13 | federal law, between collectors licensed under subsection | ||||||
14 | (b)
of Section 923 of the federal Gun Control Act of 1968; | ||||||
15 | (10) transfers by a person or entity licensed as an | ||||||
16 | auctioneer under the Auction License Act; or | ||||||
17 | (11) transfers between a pawnshop and a customer which | ||||||
18 | amount to a bailment. For purposes of this paragraph (11), | ||||||
19 | "bailment" means the act of placing property in the custody | ||||||
20 | and control of another, by agreement in which the holder is | ||||||
21 | responsible for the safekeeping and return of the property. | ||||||
22 | Section 5-30. Training of certified licensees. Any
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23 | certified licensee and any employee of a certified licensee who | ||||||
24 | sells or
transfers firearms shall receive at least 2 hours of | ||||||
25 | training
annually regarding legal requirements and responsible |
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1 | business practices as applicable to the sale or transfer or | ||||||
2 | firearms. The Department may adopt rules regarding
continuing | ||||||
3 | education for certified licensees. | ||||||
4 | Section 5-35. Inspection of licensees' places of business.
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5 | Licensees shall have their places of business open for
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6 | inspection by the Department and law enforcement during all
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7 | hours of operation, provided that the Department or law
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8 | enforcement may conduct no more than one unannounced inspection
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9 | per business per year without good cause. Licensees
shall make | ||||||
10 | all records, documents, and firearms accessible for
inspection | ||||||
11 | upon the request of the Department or law
enforcement agency. | ||||||
12 | Section 5-40. Qualifications for operation. | ||||||
13 | (a) Each certified licensee shall submit with each | ||||||
14 | application for certification or renewal an affidavit to the | ||||||
15 | Department stating that each owner, employee, or other agent of | ||||||
16 | the certified licensee who sells or conducts transfers of | ||||||
17 | firearms for the certified licensee is at least 21 years of | ||||||
18 | age, has a currently valid Firearm Owner's Identification Card | ||||||
19 | and, for a renewal, has completed the training required under | ||||||
20 | Section 5-30. The affidavit must also contain the name and | ||||||
21 | Firearm Owner's Identification Card number of each owner, | ||||||
22 | employee, or other agent who sells or conducts transfers of | ||||||
23 | firearms for the certified licensee. | ||||||
24 | (b) In addition to the affidavit required under subsection |
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1 | (a), within 30 days of a new owner, employee, or other agent | ||||||
2 | beginning selling or conducting transfers of firearms for the | ||||||
3 | certified licensee, the certified licensee shall submit an | ||||||
4 | affidavit to the Department stating the date that the new | ||||||
5 | owner, employee, or other agent began selling or conducting | ||||||
6 | transfers of firearms for the certified licensee, and providing | ||||||
7 | the information required in subsection (a) for that new owner, | ||||||
8 | employee, or other agent. | ||||||
9 | (c) Each certified licensee must not have had a license or | ||||||
10 | permit to sell, lease, transfer, purchase, or possess firearms | ||||||
11 | from the federal government or the government of any state or | ||||||
12 | subdivision of any state revoked or suspended for good cause | ||||||
13 | within the preceding 3 years.
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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 relevant or material to an investigation or
hearing | ||||||
22 | conducted by the Department in the enforcement of this Act, | ||||||
23 | with the same
fees and in the same manner prescribed in civil | ||||||
24 | cases in the
courts of this State.
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1 | Section 5-50. Security system.
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2 | (a) On or before January 2, 2021, each certified licensee | ||||||
3 | operating a retail location in
this State must maintain a video | ||||||
4 | security system and shall maintain video surveillance of | ||||||
5 | critical areas of
the business premises, including, but not | ||||||
6 | limited to, all
places where firearms are stored, handled, | ||||||
7 | sold,
transferred, or carried, and each entrance and exit. A | ||||||
8 | video surveillance system of the certified licensee's retail | ||||||
9 | location may not be installed in a bathroom and may not monitor
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10 | inside the bathrooms located in the retail location. | ||||||
11 | (b) Each certified licensee operating a retail | ||||||
12 | establishment in this State must post a sign in a conspicuous | ||||||
13 | place at
each entrance to the retail location that states in | ||||||
14 | block letters not
less than one inch in height:
"THESE PREMISES | ||||||
15 | ARE UNDER VIDEO SURVEILLANCE. YOUR IMAGE MAY
BE RECORDED.". | ||||||
16 | (c) On or before January 2, 2020, each certified licensee | ||||||
17 | maintaining an inventory of firearms for sale or transfer must | ||||||
18 | be connected to an alarm monitoring system or service that will | ||||||
19 | notify its local law enforcement agency of an unauthorized | ||||||
20 | intrusion into the premises of the licensee where the firearm | ||||||
21 | inventory is maintained. | ||||||
22 | Section 5-55. Safe storage by certified licensees. In | ||||||
23 | addition to
adequate locks, exterior lighting, surveillance | ||||||
24 | cameras, alarm
systems, and other anti-theft measures and | ||||||
25 | practices, a certified licensee maintaining a retail location |
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1 | shall develop a plan that addresses the safe
storage of | ||||||
2 | firearms and ammunition during retail hours and
after closing. | ||||||
3 | The certified licensee shall submit its safe storage plan to | ||||||
4 | the Department and the plan shall be deemed approved unless it | ||||||
5 | is rejected by the Department. The Department may reject the | ||||||
6 | plan if it is inadequate. The certified licensee shall submit a | ||||||
7 | corrected plan to the Department within 60 days of notice of an | ||||||
8 | inadequate plan. In the event there are still problems with the | ||||||
9 | corrected plan, the certified licensee shall have 60 days from | ||||||
10 | each notice of an inadequate plan to submit a corrected plan. | ||||||
11 | The Department may reject the corrected plan if it is | ||||||
12 | inadequate. A certified licensee may operate at all times that | ||||||
13 | a plan is on file with the Department, and during times | ||||||
14 | permitted by this Section to prepare and submit corrected | ||||||
15 | plans. That any certified licensee has operated without an | ||||||
16 | approved safe storage plan for more than 60 days shall be | ||||||
17 | grounds for revocation of a certificate of license. The | ||||||
18 | Department may adopt rules regarding the adequacy of a safe | ||||||
19 | storage plan. Safe storage plans required under this Section | ||||||
20 | are not subject to disclosure by the Department under the | ||||||
21 | Freedom of Information Act. | ||||||
22 | Section 5-60. Statewide compliance standards. The | ||||||
23 | Department
shall develop a statewide standard for
assisting | ||||||
24 | certified licensees in recognizing indicators that would lead a | ||||||
25 | reasonable dealer to refuse sale
of a firearm. |
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1 | Section 5-65. Electronic-based recordkeeping. On or before | ||||||
2 | January 2, 2020, each certified
licensee shall implement an
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3 | electronic-based record system to keep track of its changing
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4 | inventory by updating the make, model, caliber or gauge, and
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5 | serial number of each firearm that is received or sold by the | ||||||
6 | certified licensee. Retail sales and purchases shall be | ||||||
7 | recorded within 24 hours of the transaction. Shipments of | ||||||
8 | firearms from manufacturers or wholesalers shall be recorded | ||||||
9 | upon the earlier of five business days or with 24 hours of the | ||||||
10 | shipment being unpacked and the firearm placed in inventory. | ||||||
11 | Each certified licensee shall maintain these records for
a | ||||||
12 | period of no less than the time period under 27 CFR 478.129 or | ||||||
13 | any subsequent law that regulates the retention of records. | ||||||
14 | Section 5-70. Fees. The Department shall set and collect a
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15 | fee for each licensee certifying under this Act. The
fee may | ||||||
16 | not exceed $300 for a certified licensee operating without a
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17 | retail location. The fee may not exceed $1,500 for any | ||||||
18 | certified licensee
operating with a retail location.
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19 | Section 5-75. Term of license. Each certification shall be | ||||||
20 | valid for
the term of the license being certified. A licensee | ||||||
21 | shall certify each new or renewed license. However, the | ||||||
22 | Department is not required to renew a certification if a prior | ||||||
23 | certification has been revoked or suspended. |
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1 | Section 5-80. Retention of records. Each certified | ||||||
2 | licensee shall keep,
either in electronic form or hard copy, | ||||||
3 | all inventory records
for a period of time no less than the | ||||||
4 | time required under 27 CFR 478.129 or any subsequent law that | ||||||
5 | regulates the retention of records. All video surveillance
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6 | records, along with any sound recordings obtained from them, | ||||||
7 | shall be kept
for a period of not less than 90 days. | ||||||
8 | Section 5-85. Disciplinary sanctions. | ||||||
9 | (a) For violations of this Act not penalized under Section
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10 | 5-15, the Department may
refuse to renew or
restore, or may | ||||||
11 | reprimand, place on probation, suspend, revoke,
or take other | ||||||
12 | disciplinary or non-disciplinary action against
any licensee, | ||||||
13 | and may impose a fine commensurate with the severity of the | ||||||
14 | violation not to exceed $10,000 for each
violation for any of | ||||||
15 | the following, consistent with the Protection
of Lawful | ||||||
16 | Commerce in Arms Act, 15 U.S.C. 7901 through 7903:
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17 | (1) Violations of this Act, or any law applicable to | ||||||
18 | the sale or
transfer of firearms.
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19 | (2) A pattern of practice or other behavior which
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20 | demonstrates incapacity or incompetency to practice under
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21 | this Act.
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22 | (3) Aiding or assisting another person in violating any
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23 | provision of this Act or rules adopted under this Act.
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24 | (4) Failing, within 60 days, to provide information in
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1 | response to a written request made by the Department.
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2 | (5) Conviction of, plea of guilty to, or plea of nolo
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3 | contendere to any crime that disqualifies the person from
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4 | obtaining a valid Firearm Owner's Identification Card.
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5 | (6) Continued practice, although the person has become
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6 | unfit to practice due to any of the following:
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7 | (A) Any circumstance that disqualifies the person
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8 | from obtaining a valid Firearm Owner's Identification
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9 | Card or concealed carry license.
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10 | (B) Habitual or excessive use or abuse of drugs
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11 | defined in law as controlled substances, alcohol, or
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12 | any other substance that results in the inability to
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13 | practice with reasonable judgment, skill, or safety. | ||||||
14 | (7) Receiving, directly or indirectly, compensation
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15 | for any firearms sold or transferred illegally.
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16 | (8) Discipline by another United States jurisdiction,
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17 | foreign nation, or governmental agency, if at least one of
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18 | the grounds for the discipline is the same or substantially
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19 | equivalent to those set forth in this Act.
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20 | (9) Violation of any disciplinary order imposed on a
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21 | licensee by the Department.
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22 | (10) A finding by the Department that the licensee,
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23 | after having his or her certified license placed on | ||||||
24 | probationary
status, has violated the terms of probation.
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25 | (11) A fraudulent or material misstatement in the | ||||||
26 | completion of an affirmative obligation or inquiry by law |
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1 | enforcement. | ||||||
2 | (b) All fines imposed under this Section shall be paid
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3 | within 60 days after the effective date of the final order | ||||||
4 | imposing
the fine. | ||||||
5 | Section 5-90. Statute of limitations. No action may be | ||||||
6 | taken
under this Act against a person or entity certified under | ||||||
7 | this
Act unless the action is commenced within 5 years after | ||||||
8 | the
occurrence of the alleged violations. A continuing | ||||||
9 | violation
shall be deemed to have occurred on the date when the
| ||||||
10 | circumstances last existed that give rise to the alleged
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11 | violation. | ||||||
12 | Section 5-95. Complaints; investigations; hearings.
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13 | (a) The Department may investigate the actions of any
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14 | applicant or of any person or persons holding or claiming to
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15 | hold a license or registration under this Act. | ||||||
16 | (b) The Department shall, before disciplining a licensee
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17 | under Section 5-85 or refusing to issue a certificate of | ||||||
18 | license, at least 30
days before the date set for the hearing, | ||||||
19 | (i) notify the
accused in writing of the charges made and the | ||||||
20 | time and place
for the hearing on the charges, (ii) direct him | ||||||
21 | or her to file
a written answer to the charges under oath | ||||||
22 | within 20 days after
service, and (iii) inform the licensee | ||||||
23 | that
failure to answer will result in a default being entered
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24 | against the licensee. |
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1 | (c) At the time and place fixed in the notice, the Director | ||||||
2 | or
the hearing officer appointed by the Director shall proceed | ||||||
3 | to
hear the charges, and the parties or their counsel shall be
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4 | accorded ample opportunity to present any pertinent
| ||||||
5 | statements, testimony, evidence, and arguments. The Director | ||||||
6 | or
hearing officer may continue the hearing from time to time. | ||||||
7 | In
case the person, after receiving the notice, fails to file | ||||||
8 | an
answer, his, her, or its license may, in the discretion of | ||||||
9 | the Director, having first received the recommendation of the | ||||||
10 | Director, be suspended, revoked, or placed on probationary | ||||||
11 | status,
or be subject to whatever disciplinary action the | ||||||
12 | Director considers proper, including limiting the scope, | ||||||
13 | nature, or
extent of the person's business, or the imposition | ||||||
14 | of a fine,
without hearing, if the act or acts charged | ||||||
15 | constitute
sufficient grounds for that action under this Act. | ||||||
16 | (d) The written notice and any notice in the subsequent
| ||||||
17 | proceeding may be served by certified mail to the licensee's
| ||||||
18 | address of record. | ||||||
19 | (e) The Director has the authority to appoint any attorney
| ||||||
20 | licensed to practice law in this State to serve as the hearing
| ||||||
21 | officer in any action for refusal to issue, restore, or renew a
| ||||||
22 | license, or to discipline a licensee. The hearing officer has
| ||||||
23 | full authority to conduct the hearing.
| ||||||
24 | Section 5-100. Hearing; rehearing. | ||||||
25 | (a) The Director or the hearing officer authorized by the
|
| |||||||
| |||||||
1 | Department shall hear evidence in support of the formal charges
| ||||||
2 | and evidence produced by the licensee. At the conclusion of the
| ||||||
3 | hearing, the Director shall prepare a written
report of his or | ||||||
4 | her findings of fact, conclusions of law, and
recommendations. | ||||||
5 | The report shall contain a finding of whether
the accused | ||||||
6 | person violated this Act or failed to comply with
the | ||||||
7 | conditions required in this Act. | ||||||
8 | (b) At the conclusion of the hearing, a copy of the | ||||||
9 | Director's or hearing officer's report shall be served upon the | ||||||
10 | licensee by the Department, either personally or as provided
in | ||||||
11 | this Act, for the service of a notice of hearing. Within 20
| ||||||
12 | calendar days after service, the licensee may
present to the | ||||||
13 | Department a motion in writing for a rehearing,
which shall | ||||||
14 | specify the particular grounds for rehearing. The
Department | ||||||
15 | may respond to the motion for rehearing within 20
calendar days | ||||||
16 | after its service on the Department. If no motion
for rehearing | ||||||
17 | is filed, then upon the expiration of the time
specified for | ||||||
18 | filing such a motion, or upon denial of a motion
for rehearing, | ||||||
19 | the Director may enter an order in accordance
with his or her | ||||||
20 | recommendations or the recommendations of the hearing officer. | ||||||
21 | If
the licensee orders from the reporting service and
pays for | ||||||
22 | a transcript of the record within the time for filing
a motion | ||||||
23 | for rehearing, the 20-day period within which a motion
may be | ||||||
24 | filed shall commence upon the delivery of the transcript
to the | ||||||
25 | licensee. | ||||||
26 | (c) All proceedings under this Section are matters of
|
| |||||||
| |||||||
1 | public record and shall be preserved. | ||||||
2 | (d) The licensee may continue to operate during the course | ||||||
3 | of an investigation or
hearing, unless the Director finds that | ||||||
4 | the public interest,
safety, or welfare requires an emergency | ||||||
5 | action.
| ||||||
6 | (e) Upon the suspension or revocation of a certificate of | ||||||
7 | license, the
licensee shall surrender the certificate to the | ||||||
8 | Department and,
upon failure to do so, the Department shall | ||||||
9 | seize the same. However, when the certification of a certified | ||||||
10 | licensee is suspended, the certified licensee shall not operate | ||||||
11 | as a certified licensee during the period in which the | ||||||
12 | certificate is suspended and, if operating during that period, | ||||||
13 | shall be operating in violation of subsection (a) of Section | ||||||
14 | 5-15 of this Act. A person who violates this Section is guilty | ||||||
15 | of a Class A misdemeanor for a first violation, and a Class 4 | ||||||
16 | felony for a second or subsequent violation. In addition to any | ||||||
17 | other penalty provided by law, any person or entity who | ||||||
18 | violates this Section shall pay a civil penalty to the | ||||||
19 | Department in an amount not to exceed $2,500 for the first | ||||||
20 | violation, and a fine not to exceed $5,000 for a second or | ||||||
21 | subsequent violation. | ||||||
22 | Section 5-105. Restoration of certificate of license after | ||||||
23 | disciplinary
proceedings. At any time after the successful | ||||||
24 | completion of a
term of indefinite probation, indefinite | ||||||
25 | suspension, or
revocation of a certificate of license, the |
| |||||||
| |||||||
1 | Department may restore it to the
licensee, unless, after an | ||||||
2 | investigation and a hearing, the Director
determines that | ||||||
3 | restoration is not in the public
interest. No person or entity | ||||||
4 | whose certificate of license, card, or authority
has been | ||||||
5 | revoked as authorized in this Act may apply for
restoration of | ||||||
6 | that certificate of license, card, or authority until
such time | ||||||
7 | as provided for in the Civil Administrative Code of
Illinois.
| ||||||
8 | Section 5-110. Administrative review. All final
| ||||||
9 | administrative decisions of the Department are subject to
| ||||||
10 | judicial review under Article III of the Code of Civil
| ||||||
11 | Procedure. The term "administrative decision" is defined as in
| ||||||
12 | Section 3-101 of the Code of Civil Procedure. The proceedings
| ||||||
13 | for judicial review shall be commenced in the circuit court of
| ||||||
14 | the county in which the party applying for review resides, but
| ||||||
15 | if the party is not a resident of this State, the venue shall
| ||||||
16 | be in Sangamon County. The Department shall not be required to
| ||||||
17 | certify any record to the court, or file any answer in court, | ||||||
18 | or
otherwise appear in any court in a judicial review | ||||||
19 | proceeding,
unless, and until, the Department has received from | ||||||
20 | the plaintiff
payment of the costs of furnishing and certifying | ||||||
21 | the record,
which costs shall be determined by the Department. | ||||||
22 | Exhibits
shall be certified without cost. Failure on the part | ||||||
23 | of the
applicant or licensee to file a receipt in court is | ||||||
24 | grounds for
dismissal of the action.
|
| |||||||
| |||||||
1 | Section 5-115. Prima facie proof.
| ||||||
2 | (a) An order or a certified copy thereof, over the seal of
| ||||||
3 | the Department and purporting to be signed by the Director, is
| ||||||
4 | prima facie proof that the signature is that of the Director,
| ||||||
5 | and the Director is qualified to act. | ||||||
6 | (b) A certified copy of a record of the Department shall,
| ||||||
7 | without further proof, be admitted into evidence in any legal
| ||||||
8 | proceeding, and shall be prima facie correct and prima facie
| ||||||
9 | evidence of the information contained therein. | ||||||
10 | ARTICLE 10. GUN TRAFFICKING INFORMATION ACT | ||||||
11 | Section 10-1. Short title. This Article 5 may be cited as | ||||||
12 | the Gun Trafficking Information Act. References in this Article | ||||||
13 | to "this Act" mean this Article. | ||||||
14 | Section 10-5. Gun trafficking information.
| ||||||
15 | (a) The Department of State Police shall use all reasonable | ||||||
16 | efforts in making publicly available, on a regular and ongoing
| ||||||
17 | basis, key information related to firearms used in the
| ||||||
18 | commission of crimes in this State, including, but not limited
| ||||||
19 | to: reports on crimes committed with firearms, locations where
| ||||||
20 | the crimes occurred, the number of persons killed or injured in
| ||||||
21 | the commission of the crimes, the state where the firearms used
| ||||||
22 | originated, the Federal Firearms Licensee that sold the | ||||||
23 | firearm, and the type of firearms used. The Department
shall |
| |||||||
| |||||||
1 | make the information available on its
website, in addition to | ||||||
2 | electronically filing a report with the
Governor and the | ||||||
3 | General Assembly. The report to the General
Assembly shall be | ||||||
4 | filed with the Clerk of the House of
Representatives and the | ||||||
5 | Secretary of the Senate in electronic
form only, in the manner | ||||||
6 | that the Clerk and the Secretary shall
direct.
| ||||||
7 | (b) The Department shall study, on a regular and ongoing | ||||||
8 | basis, and compile reports on the number of Firearm Owner's | ||||||
9 | Identification Card checks to determine firearms trafficking | ||||||
10 | or straw purchase patterns. The Department shall, to the extent | ||||||
11 | not inconsistent with law, share such reports and underlying | ||||||
12 | data with academic centers, foundations, and law enforcement | ||||||
13 | agencies studying firearms trafficking, provided that | ||||||
14 | personally identifying information is protected. For purposes | ||||||
15 | of this subsection (b), a Firearm Owner's Identification Card | ||||||
16 | number is not personally identifying information, provided | ||||||
17 | that no other personal information of the card holder is | ||||||
18 | attached to the record. The Department may create and attach an | ||||||
19 | alternate unique identifying number to each Firearm Owner's | ||||||
20 | Identification Card number, instead of releasing the Firearm | ||||||
21 | Owner's Identification Card number itself. | ||||||
22 | (c) Each department, office, division, and agency of this
| ||||||
23 | State shall, to the extent not inconsistent with law, cooperate
| ||||||
24 | fully with the Department and furnish the
Department with all | ||||||
25 | relevant information and assistance on a
timely basis as is | ||||||
26 | necessary to accomplish the purpose of this
Act. The Illinois |
| |||||||
| |||||||
1 | Criminal Justice Information Authority shall submit the | ||||||
2 | information required in subsection (a) of this Section to the | ||||||
3 | Department of State Police, and any other information as the | ||||||
4 | Department may request, to assist the Department in carrying | ||||||
5 | out its duties under this Act. | ||||||
6 | ARTICLE 15. AMENDATORY PROVISIONS | ||||||
7 | Section 15-5. The Firearm Owners Identification Card Act is | ||||||
8 | amended by changing Section 3 as follows: | ||||||
9 | (430 ILCS 65/3) (from Ch. 38, par. 83-3) | ||||||
10 | Sec. 3. (a) Except as provided in Section 3a, no person may | ||||||
11 | knowingly
transfer, or cause to be transferred, any firearm, | ||||||
12 | firearm ammunition, stun gun, or taser to any person within | ||||||
13 | this State unless the
transferee with whom he deals displays | ||||||
14 | either: (1) a currently valid Firearm Owner's
Identification | ||||||
15 | Card which has previously been issued in his or her name by the
| ||||||
16 | Department of State Police under the provisions of this Act; or | ||||||
17 | (2) a currently valid license to carry a concealed firearm | ||||||
18 | which has previously been issued in his or her name by the
| ||||||
19 | Department of State Police under the Firearm Concealed Carry | ||||||
20 | Act. In addition,
all firearm, stun gun, and taser transfers by | ||||||
21 | federally licensed firearm dealers are subject
to Section 3.1. | ||||||
22 | (a-5) Any person who is not a federally licensed firearm | ||||||
23 | dealer and who desires to transfer or sell a firearm while that |
| |||||||
| |||||||
1 | person is on the grounds of a gun show must, before selling or | ||||||
2 | transferring the firearm, request the Department of State | ||||||
3 | Police to conduct a background check on the prospective | ||||||
4 | recipient of the firearm in accordance with Section 3.1.
| ||||||
5 | (a-10) Notwithstanding item (2) of subsection (a) of this | ||||||
6 | Section, any person who is not a federally licensed firearm | ||||||
7 | dealer and who desires to transfer or sell a firearm or | ||||||
8 | firearms to any person who is not a federally licensed firearm | ||||||
9 | dealer shall, before selling or transferring the firearms, | ||||||
10 | contact the Department of State Police with the transferee's or | ||||||
11 | purchaser's Firearm Owner's Identification Card number to | ||||||
12 | determine the validity of the transferee's or purchaser's | ||||||
13 | Firearm Owner's Identification Card. This subsection shall not | ||||||
14 | be effective until January 1, 2014. The Department of State | ||||||
15 | Police may adopt rules concerning the implementation of this | ||||||
16 | subsection. The Department of State Police shall provide the | ||||||
17 | seller or transferor an approval number if the purchaser's | ||||||
18 | Firearm Owner's Identification Card is valid. Approvals issued | ||||||
19 | by the Department for the purchase of a firearm pursuant to | ||||||
20 | this subsection are valid for 30 days from the date of issue. | ||||||
21 | (a-15) The provisions of subsection (a-10) of this Section | ||||||
22 | do not apply to: | ||||||
23 | (1) transfers that occur at the place of business of a | ||||||
24 | federally licensed firearm dealer, if the federally | ||||||
25 | licensed firearm dealer conducts a background check on the | ||||||
26 | prospective recipient of the firearm in accordance with |
| |||||||
| |||||||
1 | Section 3.1 of this Act and follows all other applicable | ||||||
2 | federal, State, and local laws as if he or she were the | ||||||
3 | seller or transferor of the firearm, although the dealer is | ||||||
4 | not required to accept the firearm into his or her | ||||||
5 | inventory. The purchaser or transferee may be required by | ||||||
6 | the federally licensed firearm dealer to pay a fee not to | ||||||
7 | exceed $10 per firearm, which the dealer may retain as | ||||||
8 | compensation for performing the functions required under | ||||||
9 | this paragraph, plus the applicable fees authorized by | ||||||
10 | Section 3.1; | ||||||
11 | (2) transfers as a bona fide gift to the transferor's | ||||||
12 | husband, wife, son, daughter, stepson, stepdaughter, | ||||||
13 | father, mother, stepfather, stepmother, brother, sister, | ||||||
14 | nephew, niece, uncle, aunt, grandfather, grandmother, | ||||||
15 | grandson, granddaughter, father-in-law, mother-in-law, | ||||||
16 | son-in-law, or daughter-in-law; | ||||||
17 | (3) transfers by persons acting pursuant to operation | ||||||
18 | of law or a court order; | ||||||
19 | (4) transfers on the grounds of a gun show under | ||||||
20 | subsection (a-5) of this Section; | ||||||
21 | (5) the delivery of a firearm by its owner to a | ||||||
22 | gunsmith for service or repair, the return of the firearm | ||||||
23 | to its owner by the gunsmith, or the delivery of a firearm | ||||||
24 | by a gunsmith to a federally licensed firearms dealer for | ||||||
25 | service or repair and the return of the firearm to the | ||||||
26 | gunsmith; |
| |||||||
| |||||||
1 | (6) temporary transfers that occur while in the home of | ||||||
2 | the unlicensed transferee, if the unlicensed transferee is | ||||||
3 | not otherwise prohibited from possessing firearms and the | ||||||
4 | unlicensed transferee reasonably believes that possession | ||||||
5 | of the firearm is necessary to prevent imminent death or | ||||||
6 | great bodily harm to the unlicensed transferee; | ||||||
7 | (7) transfers to a law enforcement or corrections | ||||||
8 | agency or a law enforcement or corrections officer acting | ||||||
9 | within the course and scope of his or her official duties; | ||||||
10 | (8) transfers of firearms that have been rendered | ||||||
11 | permanently inoperable to a nonprofit historical society, | ||||||
12 | museum, or institutional collection; and | ||||||
13 | (9) transfers to a person who is exempt from the | ||||||
14 | requirement of possessing a Firearm Owner's Identification | ||||||
15 | Card under Section 2 of this Act. | ||||||
16 | (a-20) The Department of State Police shall develop an | ||||||
17 | Internet-based system for individuals to determine the | ||||||
18 | validity of a Firearm Owner's Identification Card prior to the | ||||||
19 | sale or transfer of a firearm. The Department shall have the | ||||||
20 | Internet-based system completed and available for use by July | ||||||
21 | 1, 2015. The Department shall adopt rules not inconsistent with | ||||||
22 | this Section to implement this system. | ||||||
23 | (b) Any person within this State who transfers or causes to | ||||||
24 | be
transferred any firearm, stun gun, or taser shall keep a | ||||||
25 | record of such transfer for a period
of 10 years from the date | ||||||
26 | of transfer. Such record shall contain the date
of the |
| |||||||
| |||||||
1 | transfer; the description, serial number or other information
| ||||||
2 | identifying the firearm, stun gun, or taser if no serial number | ||||||
3 | is available; and, if the
transfer was completed within this | ||||||
4 | State, the transferee's Firearm Owner's
Identification Card | ||||||
5 | number and any approval number or documentation provided by the | ||||||
6 | Department of State Police pursuant to subsection (a-10) of | ||||||
7 | this Section ; if the transfer was not completed within this | ||||||
8 | State, the record shall contain the name and address of the | ||||||
9 | transferee . On or after January 1, 2006, the record shall | ||||||
10 | contain the date of application for transfer of the firearm. On | ||||||
11 | demand of a peace officer such transferor
shall produce for | ||||||
12 | inspection such record of transfer. If the transfer or sale | ||||||
13 | took place at a gun show, the record shall include the unique | ||||||
14 | identification number. Failure to record the unique | ||||||
15 | identification number or approval number is a petty offense.
| ||||||
16 | Failure by the private seller to maintain the transfer records | ||||||
17 | in accordance with this Section is a Class A misdemeanor for | ||||||
18 | the first offense and a Class 4 felony for a second or | ||||||
19 | subsequent offense. | ||||||
20 | (b-5) Any resident may purchase ammunition from a person | ||||||
21 | within or outside of Illinois if shipment is by United States | ||||||
22 | mail or by a private express carrier authorized by federal law | ||||||
23 | to ship ammunition. Any resident purchasing ammunition within | ||||||
24 | or outside the State of Illinois must provide the seller with a | ||||||
25 | copy of his or her valid Firearm Owner's Identification Card or | ||||||
26 | valid concealed carry license and either his or her Illinois |
| |||||||
| |||||||
1 | driver's license or Illinois State Identification Card prior to | ||||||
2 | the shipment of the ammunition. The ammunition may be shipped | ||||||
3 | only to an address on either of those 2 documents. | ||||||
4 | (c) The provisions of this Section regarding the transfer | ||||||
5 | of firearm
ammunition shall not apply to those persons | ||||||
6 | specified in paragraph (b) of
Section 2 of this Act. | ||||||
7 | (Source: P.A. 98-508, eff. 8-19-13; 99-29, eff. 7-10-15.) | ||||||
8 | ARTICLE 20. SEVERABILITY | ||||||
9 | Section 20-97. Severability. The provisions of this Act are | ||||||
10 | severable under Section 1.31 of the Statute on Statutes.".
|