Rep. Frank J. Mautino
Filed: 5/27/2014
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1 | AMENDMENT TO HOUSE BILL 4043
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2 | AMENDMENT NO. ______. Amend House Bill 4043 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Firearm Owners Identification Card Act is | ||||||
5 | amended by changing Section 3 as follows: | ||||||
6 | (430 ILCS 65/3) (from Ch. 38, par. 83-3) | ||||||
7 | Sec. 3. (a) Except as provided in Section 3a, no person may | ||||||
8 | knowingly
transfer, or cause to be transferred, any firearm, | ||||||
9 | firearm ammunition, stun gun, or taser to any person within | ||||||
10 | this State unless the
transferee with whom he deals displays a | ||||||
11 | currently valid Firearm Owner's
Identification Card which has | ||||||
12 | previously been issued in his name by the
Department of State | ||||||
13 | Police under the provisions of this Act. In addition,
all | ||||||
14 | firearm, stun gun, and taser transfers by federally licensed | ||||||
15 | firearm dealers are subject
to Section 3.1. | ||||||
16 | (a-5) Any person who is not a federally licensed firearm |
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1 | dealer and who desires to transfer or sell a firearm while that | ||||||
2 | person is on the grounds of a gun show must, before selling or | ||||||
3 | transferring the firearm, request the Department of State | ||||||
4 | Police to conduct a background check on the prospective | ||||||
5 | recipient of the firearm in accordance with Section 3.1.
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6 | (a-10) 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 |
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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; |
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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 |
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1 | transfer; the description, serial number or other information
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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. On or after January 1, 2006, the record shall | ||||||
8 | contain the date of application for transfer of the firearm. On | ||||||
9 | demand of a peace officer such transferor
shall produce for | ||||||
10 | inspection such record of transfer. If the transfer or sale | ||||||
11 | took place at a gun show, the record shall include the unique | ||||||
12 | identification number. Failure to record the unique | ||||||
13 | identification number or approval number is a petty offense.
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14 | (b-5) Any resident may purchase ammunition from a person | ||||||
15 | within or outside of Illinois if shipment is by United States | ||||||
16 | mail or by a private express carrier authorized by federal law | ||||||
17 | to ship ammunition. Any resident purchasing ammunition within | ||||||
18 | or outside the State of Illinois must provide the seller with a | ||||||
19 | copy of his or her valid Firearm Owner's Identification Card | ||||||
20 | and either his or her Illinois driver's license or Illinois | ||||||
21 | State Identification Card prior to the shipment of the | ||||||
22 | ammunition. The ammunition may be shipped only to an address on | ||||||
23 | either of those 2 documents. | ||||||
24 | (c) The provisions of this Section regarding the transfer | ||||||
25 | of firearm
ammunition shall not apply to those persons | ||||||
26 | specified in paragraph (b) of
Section 2 of this Act. |
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1 | (d) The Department of State Police may not retain, copy, or | ||||||
2 | distribute any information previously collected under this | ||||||
3 | Section. Except as provided in subsection (e) of this Section, | ||||||
4 | the Department shall destroy all records of the dial up | ||||||
5 | telephone system with respect to the call and all records of | ||||||
6 | the system relating to the person or the transfer, within 45 | ||||||
7 | days after the call, other than the identifying numbers and the | ||||||
8 | date the numbers were assigned. | ||||||
9 | (e) If the transfer of a firearm is denied by the | ||||||
10 | Department of State Police, the Department shall keep the | ||||||
11 | records of a denial until the denial is appealed and | ||||||
12 | overturned, or at least 120 years.
For the purposes of this | ||||||
13 | Act, "transfer" means the permanent transfer of possession, | ||||||
14 | ownership, or title to a firearm. "Transfer" does not include | ||||||
15 | any other condition of possession or use of a firearm, except | ||||||
16 | as provided in this subsection (e). | ||||||
17 | (Source: P.A. 97-1135, eff. 12-4-12; 98-508, eff. 8-19-13.)
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18 | Section 99. Effective date. This Act takes effect upon | ||||||
19 | becoming law.".
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