TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER II: ILLINOIS STATE POLICE
PART 1235
FIREARM TRANSFER INQUIRY PROGRAM
SECTION 1235.10 PURPOSE
Section 1235.10 Purpose
The purpose of this Part is to
provide requirements and procedures for inquiry into the Firearm Transfer
Inquiry Program.
 | TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER II: ILLINOIS STATE POLICE
PART 1235
FIREARM TRANSFER INQUIRY PROGRAM
SECTION 1235.20 DEFINITIONS
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)
| TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER II: ILLINOIS STATE POLICE
PART 1235
FIREARM TRANSFER INQUIRY PROGRAM
SECTION 1235.30 FEDERAL AND STATE LAWS AND LOCAL ORDINANCES
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.
| TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER II: ILLINOIS STATE POLICE
PART 1235
FIREARM TRANSFER INQUIRY PROGRAM
SECTION 1235.40 ACCESS TO SYSTEM
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)
| TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER II: ILLINOIS STATE POLICE
PART 1235
FIREARM TRANSFER INQUIRY PROGRAM
SECTION 1235.50 HOLIDAYS
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)
| TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER II: ILLINOIS STATE POLICE
PART 1235
FIREARM TRANSFER INQUIRY PROGRAM
SECTION 1235.60 ENROLLMENT
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)
| TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER II: ILLINOIS STATE POLICE
PART 1235
FIREARM TRANSFER INQUIRY PROGRAM
SECTION 1235.70 INQUIRY REQUIREMENT
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)
| TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER II: ILLINOIS STATE POLICE
PART 1235
FIREARM TRANSFER INQUIRY PROGRAM
SECTION 1235.80 INQUIRY PROCEDURE
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)
| TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER II: ILLINOIS STATE POLICE
PART 1235
FIREARM TRANSFER INQUIRY PROGRAM
SECTION 1235.90 RESPONSE PROCEDURES
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)
| TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER II: ILLINOIS STATE POLICE
PART 1235
FIREARM TRANSFER INQUIRY PROGRAM
SECTION 1235.100 DENIAL NOTIFICATION
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.
| TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER II: ILLINOIS STATE POLICE
PART 1235
FIREARM TRANSFER INQUIRY PROGRAM
SECTION 1235.110 TRANSFER OF FIREARMS
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)
| TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER II: ILLINOIS STATE POLICE
PART 1235
FIREARM TRANSFER INQUIRY PROGRAM
SECTION 1235.120 FEES
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)
| TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER II: ILLINOIS STATE POLICE
PART 1235
FIREARM TRANSFER INQUIRY PROGRAM
SECTION 1235.130 TERMINATION OF SERVICES
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)
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