Illinois General Assembly - Full Text of HB3508
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Full Text of HB3508  97th General Assembly

HB3508 97TH GENERAL ASSEMBLY


 


 
97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB3508

 

Introduced 2/24/2011, by Rep. Harry Osterman

 

SYNOPSIS AS INTRODUCED:
 
430 ILCS 65/3  from Ch. 38, par. 83-3

    Amends the Firearm Owners Identification Card Act. Provides that a person who is not a federally licensed importer, manufacturer, or dealer and who desires to sell or transfer a firearm of a size that may be concealed upon the person to another person, who is not a federally licensed importer, manufacturer, or dealer, shall do so only at the place of business of a federally licensed firearm dealer. Provides that the federally licensed firearm dealer shall conduct a background check on the prospective recipient of the firearm and follow all other applicable federal, State, and local laws as if he or she were the seller of the firearm. Provides that the purchaser or transferee may be required by the federally licensed firearm dealer to pay a fee not to exceed $10 per firearm, plus other authorized fees. Makes exceptions for (i) the transfer of a firearm between spouses, a parent and child, or other family members, (ii) transfers by persons acting pursuant to operation of law or a court order, or (iii) transfers on the grounds of a gun show.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB3508LRB097 08690 JDS 48819 b

1    AN ACT concerning public safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Firearm Owners Identification Card Act is
5amended 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
8knowingly transfer, or cause to be transferred, any firearm,
9firearm ammunition, stun gun, or taser to any person within
10this State unless the transferee with whom he deals displays a
11currently valid Firearm Owner's Identification Card which has
12previously been issued in his name by the Department of State
13Police under the provisions of this Act. In addition, all
14firearm, stun gun, and taser transfers by federally licensed
15firearm dealers are subject to Section 3.1.
16    (a-5) Any person who is not a federally licensed firearm
17dealer and who desires to transfer or sell a firearm while that
18person is on the grounds of a gun show must, before selling or
19transferring the firearm, request the Department of State
20Police to conduct a background check on the prospective
21recipient of the firearm in accordance with Section 3.1.
22    (a-10) Any person who is not a federally licensed importer,
23manufacturer, or dealer and who desires to sell or transfer a

 

 

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1firearm of a size that may be concealed upon the person to
2another person, who is not a federally licensed importer,
3manufacturer, or dealer, shall do so only at the place of
4business of a federally licensed firearm dealer. The federally
5licensed firearm dealer shall conduct a background check on the
6prospective recipient of the firearm in accordance with Section
73.1 of this Act and follow all other applicable federal, State,
8and local laws as if he or she were the seller of the firearm.
9The purchaser or transferee may be required by the federally
10licensed firearm dealer to pay a fee not to exceed $10 per
11firearm, which the dealer may retain as compensation for
12performing the functions required under this subsection, plus
13the applicable fees authorized by Section 3.1.
14    The provisions of this subsection (a-10) do not apply to:
15        (1) transfers to the transferor's husband, wife, son,
16    daughter, stepson, stepdaughter, father, mother,
17    stepfather, stepmother, brother, sister, nephew, niece,
18    uncle, aunt, grandfather, grandmother, grandson,
19    granddaughter, father-in-law, mother-in-law, son-in-law or
20    daughter-in-law;
21        (2) transfers by persons acting pursuant to operation
22    of law or a court order; or
23        (3) transfers on the grounds of a gun show.
24    (b) Any person within this State who transfers or causes to
25be transferred any firearm, stun gun, or taser shall keep a
26record of such transfer for a period of 10 years from the date

 

 

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1of transfer. Such record shall contain the date of the
2transfer; the description, serial number or other information
3identifying the firearm, stun gun, or taser if no serial number
4is available; and, if the transfer was completed within this
5State, the transferee's Firearm Owner's Identification Card
6number. On or after January 1, 2006, the record shall contain
7the date of application for transfer of the firearm. On demand
8of a peace officer such transferor shall produce for inspection
9such record of transfer. If the transfer or sale took place at
10a gun show, the record shall include the unique identification
11number. Failure to record the unique identification number is a
12petty offense.
13    (b-5) Any resident may purchase ammunition from a person
14outside of Illinois. Any resident purchasing ammunition
15outside the State of Illinois must provide the seller with a
16copy of his or her valid Firearm Owner's Identification Card
17and either his or her Illinois driver's license or Illinois
18State Identification Card prior to the shipment of the
19ammunition. The ammunition may be shipped only to an address on
20either of those 2 documents.
21    (c) The provisions of this Section regarding the transfer
22of firearm ammunition shall not apply to those persons
23specified in paragraph (b) of Section 2 of this Act.
24(Source: P.A. 94-6, eff. 1-1-06; 94-284, eff. 7-21-05; 94-353,
25eff. 7-29-05; 94-571, eff. 8-12-05; 95-331, eff. 8-21-07.)