HB4835 93RD GENERAL ASSEMBLY

LRB093 18002 RLC 43686 b

93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB4835

Introduced 02/04/04, by George Scully Jr.

SYNOPSIS AS INTRODUCED:

430 ILCS 65/3	from Ch. 38, par. 83-3
430 ILCS 65/14	from Ch. 38, par. 83-14

Amends the Firearm Owners Identification Card Act. Requires a person who transfers a firearm or firearm ammunition to personally inspect the Firearm Owner's Identification Card of the transferee of the firearm to verify the identity of the person to whom the firearm or firearm ammunition is being transferred. Changes penalties for transferring firearms to a person that the transferor knows or has reasonable cause to believe does not possess a valid Firearm Owner's Identification Card or by failing to inspect the Card before the transfer of the firearm. Bases the penalties on the number of firearms transferred illegally.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

A BILL FOR

AN ACT in relation to firearms.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Firearm Owners Identification Card Act is amended by changing Sections 3 and 14 as follows:

(430 ILCS 65/3) (from Ch. 38, par. 83-3)

Sec. 3. (a) Except as provided in Section 3a, no person may knowingly transfer, or cause to be transferred, any firearm or any firearm ammunition to any person within this State unless the transferee with whom he deals displays a currently valid Firearm Owner's Identification Card which has previously been issued in his name by the Department of State Police under the provisions of this Act. In addition, all firearm transfers by federally licensed firearm dealers must be in accordance with are subject to Section 3.1. The person transferring the firearm or firearm ammunition must, at the time of the transfer, personally inspect the Firearm Owner's Identification Card to verify the identity of the person to whom the firearm or firearm ammunition is being transferred. A person may not be convicted of failing to inspect a Firearm Owner's Identification Card prior to the transfer of a firearm or firearm ammunition to another person if the person proves that the person to whom the firearm or firearm ammunition was transferred possessed a valid Firearm Owner's Identification Card at the time of the transfer.

(b) Any person within this State who transfers or causes to be transferred any firearm must, in a manner and form the Department of State Police may by rule prescribe, shall keep a record of such transfer for a period of 10 years from the date of transfer. Such record shall contain the date of the transfer; the description, serial number or other information identifying the firearm if no serial number is available; the name and address of the person to whom the firearm is being transferred; and, if the transfer was completed within this State, the transferee's Firearm Owner's Identification Card number. On demand of a peace officer such transferor shall produce for inspection such record of transfer. If the transfer is completed to a resident of Iowa, Missouri, Indiana, Wisconsin, or Kentucky under subsection (b) of Section 3a of this Act, the transferor must keep a record of the transferee's state driver's license number or state identification card number. The record of transfer must be made at the time of transfer. On demand of a peace officer such transferor shall produce for inspection such record of transfer and if the person is a dealer, allow the peace officer to inspect all stock on hand. If the transferor does not have each record available for inspection at the time of the peace officer's demand for inspection, the transferor must be given 72 hours to produce the records for inspection at a location and time the peace officer designates in writing. A person who negligently fails to keep or produce records as required by this subsection (b) is guilty of a Class B misdemeanor. A person who wilfully refuses to keep records or produce them as required by this subsection (b) must be sentenced as set forth in paragraph (3) of subsection (d).

(b-5) For the purpose of subsection (b), it may be inferred that a person wilfully refused to keep or produce records if:

(1) the person states that he or she did not transfer the firearm because the firearm was lost or stolen, but failed to report the firearm lost or stolen under subsection (c-5) of this Section;

(2) the person states that the records were lost, stolen, or destroyed, but failed to report the loss, theft, or destruction as required by subsection (c-5) of this Section;

(3) the information contained in the records was false; or

(4) in the absence of evidence to the contrary, the person's failure to produce or keep records of the transfer of a firearm traced to his or her possession is unexplained.

(b-10) A person may not be convicted of willful failure to keep or produce records if the person proves that the records the person produced, although incomplete, were sufficiently complete so as to enable law enforcement officers to clearly identify the person to whom the firearm was transferred.

(c) The provisions of this Section regarding the transfer of firearm ammunition shall not apply to those persons specified in paragraph (b) of Section 2 of this Act.

(c-5)(1) The owner of a firearm must report the loss or theft of a firearm to the law enforcement agency of the municipality or unincorporated area in which he or she resides within 72 hours of his or her discovery of the loss or theft and keep a record of the time and date of the report and of the name of the person and law enforcement agency to which the report was made.

(2) Any person required to keep records under subsection (b) must report the loss, theft, or destruction of those records within 72 hours of his or her discovery of the loss, theft, or destruction to the law enforcement agency of the municipality or unincorporated area in which he or she resides and keep a record of the time and date of the report of the person and the law enforcement agency to which the report was made.

(3) The information supplied by a person under this subsection (c-5) is not admissible in any prosecution of the person making the report under any municipal or county ordinance.

(4) A person who fails to report the theft, loss, or destruction of a firearm or of records required to be kept is guilty of a petty offense and may be fined not more than $50.

(5) A person who knowingly makes a false report of the loss, theft, or destruction of a firearm or of firearm records to any employee acting on behalf of a law enforcement agency is guilty of a Class 4 felony.

(c-10) For purposes of this Section, the word "transfer" means the selling, giving away, loaning, pawning (with or without consideration), of a firearm or of firearm ammunition. "Transfer" does not include the temporary delivery of a firearm or of firearm ammunition by a person who has a currently valid Firearm Owner's Identification Card to a person of the age of 18 years or over for inspection of the firearm or firearm ammunition in the immediate presence of the transferor where the transfer of the firearm or firearm ammunition by the transferor and possession of the firearm or firearm ammunition by the transferee occur on the transferor's own land or in the transferor's place of abode.

(c-15) It may be inferred that a person transferred a firearm or firearm ammunition when, in the absence of a reasonable explanation to the contrary, the firearm or firearm ammunition has been traced to the possession of that person and the person no longer has possession of the firearm or firearm ammunition.

(d) Sentence. (1) A person who violates subsection (a) by transferring or causing to be transferred in this State any firearm to a person he or she knows or has reasonable cause to believe does not possess a valid Firearm Owner's Identification Card or by failing to inspect the Card before transfer of a firearm is guilty of a Class 4 felony. A person who commits more than one violation of subsection (a) as described in this Section:

(A) is guilty of a Class 3 felony for transfer of not less than 2 firearms and not more than 5 firearms at the same time or within a one-year period;

(B) is guilty of a Class 2 felony for transfer of not less than 6 firearms and not more than 10 firearms at the same time or within a 2-year period;

(C) is guilty of a Class 1 felony for transfer of not less than 11 firearms and not more than 20 firearms at the same time or within a 3-year period;

(D) is guilty of a Class X felony for transfer of more than 20 firearms at the same time or within a 4-year period.

(2) A person who violates subsection (a) by transferring or causing to be transferred in this State any firearm ammunition to a person he or she knows or has reasonable cause to believe does not possess a currently valid Firearm Owner's Identification Card is guilty of a Class A misdemeanor for a first conviction, a Class 4 felony for a second conviction, and a Class 3 felony for a third or subsequent conviction.

(3) A person who violates subsection (b) by willfully failing to keep records of the transfer of a firearm is guilty of a Class 4 felony. A person who willfully fails to keep records relating to the transfer of more than one firearm:

(A) is guilty of a Class 3 felony for transfer of not less than 2 firearms and not more than 5 firearms at the same time or within a one-year period;

(B) is guilty of a Class 2 felony for transfer of not less than 6 firearms and not more than 10 firearms at the same time or within a 2-year period;

(C) is guilty of a Class 1 felony for transfer of not less than 11 firearms and not more than 20 firearms at the same time or within a 3-year period;

(D) is guilty of a Class X felony for transfer of not more than 20 firearms at the same time or within a 4-year period.

(Source: P.A. 92-442, eff. 8-17-01.)

(430 ILCS 65/14) (from Ch. 38, par. 83-14)

Sec. 14. Sentence.

(a) A violation of paragraph (1) of subsection (a) of Section 2, when the person's Firearm Owner's Identification Card is expired but the person is not otherwise disqualified from renewing the card, is a Class A misdemeanor.

(b) Except as provided in subsection (a) with respect to an expired card, a violation of paragraph (1) of subsection (a) of Section 2 is a Class A misdemeanor when the person does not possess a currently valid Firearm Owner's Identification Card, but is otherwise eligible under this Act. A second or subsequent violation is a Class 4 felony.

(c) A violation of paragraph (1) of subsection (a) of Section 2 is a Class 3 felony when:

(1) the person's Firearm Owner's Identification Card is revoked or subject to revocation under Section 8; or

(2) the person's Firearm Owner's Identification Card is expired and not otherwise eligible for renewal under this Act; or

(3) the person does not possess a currently valid Firearm Owner's Identification Card, and the person is not otherwise eligible under this Act.

(d) A violation of Section 3 is punishable as provided in that Section. A violation of subsection (a) of Section 3 is a Class 4 felony. A third or subsequent conviction is a Class 1 felony.

(d-5) Any person who knowingly enters false information on an application for a Firearm Owner's Identification Card, who knowingly gives a false answer to any question on the application, or who knowingly submits false evidence in connection with an application is guilty of a Class 2 felony.

(e) Except as provided by Section 6.1 of this Act, any other violation of this Act is a Class A misdemeanor.

(Source: P.A. 91-694, eff. 4-13-00; 92-414, eff. 1-1-02; 92-442, eff. 8-17-01; 92-651, eff. 7-11-02.)