| ||||||||||||||||||||
| ||||||||||||||||||||
| ||||||||||||||||||||
| ||||||||||||||||||||
| ||||||||||||||||||||
1 | AN ACT concerning regulation.
| |||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois,
| |||||||||||||||||||
3 | represented in the General Assembly:
| |||||||||||||||||||
4 | Section 1. Short title. This Act may be cited as the | |||||||||||||||||||
5 | Firearm Dealer Licensing Act. | |||||||||||||||||||
6 | Section 5. Definitions. In this Act: | |||||||||||||||||||
7 | "Department" means the Department of Financial and | |||||||||||||||||||
8 | Professional Regulation.
| |||||||||||||||||||
9 | "Firearm dealer" means any person who is: | |||||||||||||||||||
10 | (1) engaged in the business of selling firearms at | |||||||||||||||||||
11 | wholesale or retail; | |||||||||||||||||||
12 | (2) engaged in the business of repairing firearms or | |||||||||||||||||||
13 | making or fitting special barrels, stocks, or trigger | |||||||||||||||||||
14 | mechanisms to firearms; or | |||||||||||||||||||
15 | (3) a pawnbroker whose business or occupation includes | |||||||||||||||||||
16 | the taking or receiving, by way of pledge or pawn, of any | |||||||||||||||||||
17 | firearm as security for the payment or repayment of money. | |||||||||||||||||||
18 |
"Licensed dealer" means any firearms dealer who is | |||||||||||||||||||
19 | licensed under both this Act and Section 923 of the federal Gun | |||||||||||||||||||
20 | Control Act of 1968 (18 U.S.C. 923). | |||||||||||||||||||
21 |
"Person" means an individual, firm, association, society, | |||||||||||||||||||
22 | partnership, limited liability company, corporation, or other | |||||||||||||||||||
23 | entity.
|
| |||||||
| |||||||
1 | "Engaged in the business" means the devotion of time, | ||||||
2 | attention, and labor to engaging in the activity as a regular | ||||||
3 | course of trade or business with the principal objective of | ||||||
4 | livelihood and profit. "Engaged in the business" does not | ||||||
5 | include the making of occasional repairs of firearms, or the | ||||||
6 | occasional fitting of special barrels, stocks, or trigger | ||||||
7 | mechanisms to firearms.
| ||||||
8 | "Firearm" has the meaning given to that term in the Firearm | ||||||
9 | Owners Identification Card Act.
| ||||||
10 | "Transfer" means the actual or attempted transfer of a | ||||||
11 | firearm or firearm ammunition, with or without consideration. | ||||||
12 | "Transfer" does not include the lease of a firearm, or the | ||||||
13 | provision of ammunition specifically for that firearm, if the | ||||||
14 | firearm and the ammunition are to be used on the lessor's | ||||||
15 | premises, and does not include any transfer of possession when | ||||||
16 | the transferor maintains supervision and control over the | ||||||
17 | firearm or ammunition.
| ||||||
18 | "With the principal objective of livelihood and profit" | ||||||
19 | means that the intent underlying the sale or disposition is | ||||||
20 | predominantly one of obtaining livelihood and pecuniary gain, | ||||||
21 | as opposed to other intents, such as improving or liquidating a | ||||||
22 | personal firearms collection; however, proof of profit shall | ||||||
23 | not be required as to a person who engages in the regular and | ||||||
24 | repetitive purchase and disposition of firearms for criminal | ||||||
25 | purposes or terrorism.
|
| |||||||
| |||||||
1 | Section 10. Unlicensed dealing; exemption. | ||||||
2 | (a) No person may sell or otherwise transfer, expose for | ||||||
3 | sale or transfer, or have in his or her possession with the | ||||||
4 | intent to sell or transfer any firearm without being licensed | ||||||
5 | under this Act. | ||||||
6 | (b) This Section does not apply to a person who makes | ||||||
7 | occasional sales, exchanges, or purchases of firearms for the | ||||||
8 | enhancement of a personal collection or as a hobby, or who | ||||||
9 | sells all or part of his or her personal collection of | ||||||
10 | firearms. | ||||||
11 | Section 15. License application; fees; penalty. | ||||||
12 | (a) The Department may grant a firearm dealer license to an | ||||||
13 | applicant who satisfies the following requirements:
| ||||||
14 | (1) he or she is at least 21 years of age; | ||||||
15 | (2) he or she possesses a valid Firearm Owner's | ||||||
16 | Identification Card; and | ||||||
17 | (3) he or she submits to a background check conducted | ||||||
18 | by the Department that includes the initiation and | ||||||
19 | completion of an automated search of its criminal history | ||||||
20 | record information files and those of the Federal Bureau of | ||||||
21 | Investigation, including the National Instant Criminal | ||||||
22 | Background Check System, and of the files of the Department | ||||||
23 | of Human Services relating to mental health and | ||||||
24 | developmental disabilities to obtain any felony conviction | ||||||
25 | or patient hospitalization information that would |
| |||||||
| |||||||
1 | disqualify a person from obtaining licensure under this | ||||||
2 | Act. | ||||||
3 | (b) An application for a firearm dealer license must be | ||||||
4 | made on forms prescribed by the Department. The application | ||||||
5 | must be verified by the applicant under oath and must be | ||||||
6 | accompanied by the required fee. | ||||||
7 | (c) The applicant must submit to the Department a license | ||||||
8 | fee of $300, payable at the time of application, and an | ||||||
9 | additional $300 payable every 3 years thereafter for so long as | ||||||
10 | the license is in effect. | ||||||
11 | (d) The applicant must submit to fingerprinting in | ||||||
12 | accordance with rules adopted by the Department and must pay a | ||||||
13 | fingerprint processing fee in the amount set by the Department | ||||||
14 | by rule. | ||||||
15 | (e) A person who knowingly makes a false statement or | ||||||
16 | knowingly conceals a material fact or uses false information or | ||||||
17 | identification in any application for a license under this Act | ||||||
18 | commits a Class A misdemeanor.
| ||||||
19 | Section 20. Duration of licensure. A license granted under | ||||||
20 | this Act remains in effect until it is revoked, suspended, or | ||||||
21 | otherwise withdrawn by the Department or until it is | ||||||
22 | surrendered by the licensee. | ||||||
23 | Section 25. License retention requirements. A license | ||||||
24 | granted under this Act is subject to all of the following |
| |||||||
| |||||||
1 | requirements:
| ||||||
2 | (1) A licensed dealer may only transact business under | ||||||
3 | this Act at an address that has a zoning classification | ||||||
4 | that permits the operations of a retail establishment.
| ||||||
5 | (2) A licensed dealer may not transact business in any | ||||||
6 | place other than the premises specified on his or her | ||||||
7 | license, except that a licensed dealer may display, sell, | ||||||
8 | or transfer firearms at a gun show open to the general | ||||||
9 | public or at any regular meeting of an incorporated | ||||||
10 | collectors club in accordance with this Act and federal | ||||||
11 | law.
| ||||||
12 | (3) A licensed dealer may not violate any provision of | ||||||
13 | any federal or State law pertaining to the possession, use, | ||||||
14 | sale, or delivery of firearms.
| ||||||
15 | (4) A licensed dealer must strictly adhere to the | ||||||
16 | provisions of all applicable federal and State laws and | ||||||
17 | local ordinances and local business license requirements.
| ||||||
18 | (5) A separate license must be obtained for each | ||||||
19 | separate place of business. Before a licensed dealer moves | ||||||
20 | his or her place of business, he or she must promptly apply | ||||||
21 | to the Department for an amended license.
| ||||||
22 | (6) The license, or a copy of the license certified by | ||||||
23 | the Department, must be conspicuously displayed at the | ||||||
24 | business premises.
| ||||||
25 | (7) Every firearm must be unloaded when delivered.
| ||||||
26 | (8) A licensee must obtain a certificate of |
| |||||||
| |||||||
1 | registration issued under the Retailers' Occupation Tax | ||||||
2 | Act.
| ||||||
3 | (9) The licensee must take reasonable precautions to | ||||||
4 | ensure that all firearms that the licensee sells will not | ||||||
5 | be used illegally. These precautions include, but are not | ||||||
6 | limited to, the following: | ||||||
7 | (A) the refusal to sell a firearm to a person the | ||||||
8 | licensee knows or has reason to know is purchasing the | ||||||
9 | firearm on behalf of another person who could not | ||||||
10 | legally purchase the firearm; | ||||||
11 | (B) the refusal to sell a firearm to a person who | ||||||
12 | has provided a home address in a municipality or county | ||||||
13 | in which possession of that type of firearm is illegal, | ||||||
14 | unless the transferee presents reasonably satisfactory | ||||||
15 | evidence that the firearm will not be used or possessed | ||||||
16 | unlawfully in that municipality or county; and | ||||||
17 | (C) the refusal to sell a firearm to a person who | ||||||
18 | has provided a home address in a municipality or county | ||||||
19 | that requires registration of the firearm, unless the | ||||||
20 | purchaser presents satisfactory evidence of compliance | ||||||
21 | with the registration requirement.
| ||||||
22 | (10) A licensee must make his or her records relating | ||||||
23 | to the sale of firearms available to any officer or | ||||||
24 | employee of the Department or of any unit of local | ||||||
25 | government in this State whenever the officer or employee | ||||||
26 | is authorized to enforce laws or ordinances pertaining to |
| |||||||
| |||||||
1 | firearms, provided that no officer or employee may conduct | ||||||
2 | any search or seizure other than an inspection of a | ||||||
3 | licensee's records relating to firearms sales without a | ||||||
4 | warrant and that nothing in this Section shall authorize | ||||||
5 | any search or seizure forbidden by the United States | ||||||
6 | Constitution or the Illinois Constitution.
| ||||||
7 | Section 30. Submission to Department. | ||||||
8 | (a) A licensed dealer must, within 24 hours after making a | ||||||
9 | sale or transfer of a firearm to a person who is not licensed | ||||||
10 | as a firearm dealer, submit a report concerning that sale to | ||||||
11 | the Department. The report must contain the following | ||||||
12 | information: | ||||||
13 | (1) the date of the sale or transfer; | ||||||
14 | (2) the identity and address of the dealer; | ||||||
15 | (3) the name, address, age, and occupation of the | ||||||
16 | transferee; | ||||||
17 | (4) the price of the firearm; and | ||||||
18 | (5) the type, description, and number of the firearm. | ||||||
19 | (b) All records of the reports submitted under this Section | ||||||
20 | must be maintained by the Department on a computer database | ||||||
21 | capable of allowing the retrieval of information for each | ||||||
22 | dealer and each transferee. The computer database must also | ||||||
23 | contain a listing of each county or municipality that prohibits | ||||||
24 | one or more types of firearm, and the type or types of firearms | ||||||
25 | that are prohibited in that county or municipality. Information |
| |||||||
| |||||||
1 | in the database must be made available to any law enforcement | ||||||
2 | agency responsible for the enforcement of any federal, State, | ||||||
3 | or local law or ordinance relating to firearms, and to any | ||||||
4 | licensed dealer who requests information relating to a person | ||||||
5 | who is seeking to purchase one or more firearms from that | ||||||
6 | dealer. Except as specifically provided in this Section, | ||||||
7 | information in the database is deemed the confidential record | ||||||
8 | of the Department and is not subject to disclosure under any | ||||||
9 | other law. | ||||||
10 | (c) Any licensee who is required to keep a record of | ||||||
11 | transfer under subsection (b) of Section 3 of the Firearm | ||||||
12 | Owners Identification Card Act must report any transfer of a | ||||||
13 | firearm that occurred within the 24-month period immediately | ||||||
14 | preceding the effective date of this Act to the Department no | ||||||
15 | later than 30 days after the effective date of this Act. The | ||||||
16 | report must contain that information required by subsection (b) | ||||||
17 | of Section 3 of the Firearm Owners Identification Card Act. The | ||||||
18 | Department must include this report in the computer database | ||||||
19 | required to be maintained under this Section. | ||||||
20 | Section 35. Penalty. Any person who sells, or who possesses | ||||||
21 | with intent to sell, trade, or transfer, any firearm without | ||||||
22 | being licensed under this Act is guilty of a Class 4 felony. | ||||||
23 | Section 40. Enforcement; rulemaking. | ||||||
24 | (a) This Act must be enforced by the Department, and may be |
| |||||||
| |||||||
1 | enforced, for the purpose of determining compliance with this | ||||||
2 | Act, by any municipality in which the licensee is located or, | ||||||
3 | if the licensee is not located in a municipality, by the county | ||||||
4 | in which the licensee is located. | ||||||
5 | (b) The Department shall adopt rules necessary for the | ||||||
6 | implementation and administration of this Act. | ||||||
7 | Section 45. Revocation; suspension. The Department, after | ||||||
8 | due notice to the licensee and reasonable opportunity for the | ||||||
9 | licensee to be heard, may revoke a license or may suspend a | ||||||
10 | license for a period of time that the Department may deem | ||||||
11 | proper upon satisfactory proof that the licensee has violated | ||||||
12 | or permitted a violation of any requirement of this Act or is | ||||||
13 | no longer eligible to obtain a license under this Act. A person | ||||||
14 | whose license has been revoked by the Department is | ||||||
15 | disqualified from receiving a license under this Act for 10 | ||||||
16 | years after the revocation. Any person who has substantially | ||||||
17 | participated in the operation or management of a licensee that | ||||||
18 | has had a license revoked may not be employed by or participate | ||||||
19 | in the business of any other licensee for 10 years after the | ||||||
20 | revocation. Proceedings for revocation or suspension under | ||||||
21 | this Section may be initiated by the Department or by any | ||||||
22 | municipality or county.
|