Section 1235.10  Purpose

The purpose of this Part is to provide requirements and procedures for inquiry into the Firearm Transfer Inquiry Program.

Section 1235.20  Definitions

Unless specified otherwise, all terms shall have the meaning set forth in Section 1.1 of the Firearm Owner's Identification Card Act [430 ILCS 65/1.1].

"Act" means Firearm Owner's Identification Card Act [430 ILCS 65].

"Dealer" means a federally-licensed firearm dealer under the provisions of 18 U.S.C. 921 et seq.

"Department" means the Illinois Department of State Police.

"Firearm Transfer Inquiry Program" means the functional unit within the Bureau of Identification of the Department responsible for providing federally-licensed firearm dealers in the State of Illinois with a dial-up telephone system to determine the current eligibility of a transferee to acquire firearms.

"Transfer" means selling, assigning, pledging, leasing, loaning, giving away, pawning, redeeming, or otherwise disposing of firearms occurring at a single point in time. Transfer of more than one firearm to a single transferee at a single point in time is considered a single transfer.

"Transferee" means the recipient of a transfer.

(Source:  Amended at 22 Ill. Reg. 16635, effective September 8, 1998)

Section 1235.30  Federal and State Laws and Local Ordinances

All federally-licensed firearm dealers must abide by all federal and State laws and local ordinances.  Inquiries made to the Firearm Transfer Inquiry Program do not exempt or otherwise relieve federally-licensed firearm dealers from compliance with any other laws or ordinances.

Section 1235.40  Access to System

The Firearm Transfer Inquiry Program will receive automated inquiries 8:30 a.m. to 9:30 p.m., Monday through Sunday, 365 days a year, and manual inquiries from 8:30 a.m. to 4:30 p.m., Monday through Friday.  Hours of operation shall be increased if need is identified and funding is available.

(Source:  Amended at 27 Ill. Reg. 5998, effective March 21, 2003)

Section 1235.50  Holidays

Automated inquiries will be available on all State holidays.  Manual transactions will not be available on State holidays. 

(Source:  Amended at 27 Ill. Reg. 5998, effective March 21, 2003)

Section 1235.60  Enrollment

All participating dealers must be federally-licensed firearm dealers in Illinois and must enroll in the Firearm Transfer Inquiry Program upon initial licensing and upon renewal of licensing with the Bureau of Alcohol, Tobacco, and Firearms and every three years thereafter by completing the dealer enrollment form provided by the Department.  These forms may be obtained from the Firearm Transfer Inquiry Program, P.O. Box 3677, Springfield, IL  62708-3677.  The Department shall not charge a fee to enroll.  The Department shall provide enrolled dealers with a unique number to be used when inquiring into the Firearm Transfer Inquiry Program.   It is the responsibility of the federal firearm licensee to notify the Department of any change, license status, or licensing information.

(Source:  Amended at 27 Ill. Reg. 5998, effective March 21, 2003)

Section 1235.70  Inquiry Requirement

All dealers shall inquire into the Firearm Transfer Inquiry Program for all transfers which require the transferee to display a currently valid Firearm Owner's Identification Card previously issued in his name by the Department under the provisions of the Act, except that an inquiry is not required for a transfer from one dealer to another dealer.  The inquiry requirements apply equally to transfers involving new, used, and trade-in firearms.  Regardless of the requirements of this Part, dealers must comply with all State and federal firearm laws.

(Source:  Amended at 27 Ill. Reg. 5998, effective March 21, 2003)

Section 1235.80  Inquiry Procedure

a)         The dealer will perform the inquiry by calling a toll-free telephone number provided by the Department to the dealer.  The number shall be kept confidential by the dealer and only used to perform inquiries required under Section 1235.70.

b)         The inquiry will consist of the permanent portion of the dealer's federal firearm license number (the first three digits and the last five digits), the dealer number issued by the Department, and the transferee's Firearm Owner's Identification Card number.

c)         In the event an inquiry results in a conditional denial, the dealer will provide additional information to facilitate a return call from the Department.  The additional information shall include a description of the subject firearm(s) sufficient to determine which delivery waiting period applies and information concerning the dealer's business hours for inquiry response purposes.

(Source:  Amended at 27 Ill. Reg. 5998, effective March 21, 2003)

Section 1235.90  Response Procedures

The Department shall provide, during the initial dealer inquiry, an approval, denial, or conditional denial of the transfer.  The time period for the Department to respond shall begin at the time the inquiry is received.  When the Department provides a conditional denial, the dealer shall not transfer the firearm until an approval is provided by the Department or the length of time prescribed in Section 24-3 of the Criminal Code of 1961 [720 ILCS 5/24.3] has been exceeded.  Failure of the Department to provide an approval or denial within the prescribed length of time does not relieve the dealer from compliance with any other statutory restrictions on firearm transfers.  Regardless of the requirements of this Part, transactions must comply with all State and federal firearm laws.

(Source:  Amended at 27 Ill. Reg. 5998, effective March 21, 2003)

Section 1235.100  Denial Notification

If the Department denies approval to transfer firearms, the dealer shall enter the denial number on the Department's Firearm Transfer Inquiry Program denial notification form and provide the form to the transferee.  The Department shall provide enrolled dealers with the denial notification forms.

Section 1235.110  Transfer of Firearms

The transfer of the firearm(s) associated with a particular inquiry shall only occur after the withholding of delivery provisions of Section 24-3 of the Criminal Code of 1961 [720 ILCS 5/24-3] and within 30 days after the approval to transfer has been provided by the Department.

(Source:  Amended at 27 Ill. Reg. 5998, effective March 21, 2003)

Section 1235.120  Fees

The fee for inquiries shall be $2.00 per inquiry.  The fee shall be the cost to provide the service, but shall not exceed $2.00 per inquiry as defined by State statute.  The fee shall be collected through a billing process implemented by the Department.

(Source:  Amended at 27 Ill. Reg. 5998, effective March 21, 2003)

Section 1235.130  Termination of Services

a)         If a dealer fails to pay the fees for the Firearm Transfer Inquiry Program transactions within 30 days after their due date, the Department shall notify the dealer that failure to pay this bill will result in termination of services.

b)         If a dealer fails to pay the fees for the Firearm Transfer Inquiry Program transactions within 60 days after their due date, the Department shall terminate Firearm Transfer Inquiry Program services to the dealer.

c)         If a dealer fails to comply with any of the requirements of this Part, the Department shall notify the dealer of the non-compliance.  The dealer shall have 30 days from notification of non-compliance in which to respond to the Department.

d)         If a dealer fails to respond to a notice of non-compliance or if the response fails to resolve the non-compliance to the satisfaction of the Department, the Department shall terminate Firearm Transfer Inquiry services to the dealer.

e)         If a dealer's continued access to Firearm Transfer Inquiry Program services would result in a violation of law or create a danger to the public, services may be suspended immediately.

(Source:  Amended at 27 Ill. Reg. 5998, effective March 21, 2003)