|
|
|
|
HB0048 Engrossed |
|
LRB096 03447 KTG 13471 b |
|
|
| 1 |
| AN ACT concerning public safety.
|
| 2 |
| Be it enacted by the People of the State of Illinois,
|
| 3 |
| represented in the General Assembly:
|
| 4 |
| Section 5. The Firearm Owners Identification Card Act is |
| 5 |
| amended 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 |
| 8 |
| knowingly
transfer, or cause to be transferred, any firearm, |
| 9 |
| firearm ammunition, stun gun, or taser to any person within |
| 10 |
| this State unless the
transferee with whom he deals displays a |
| 11 |
| currently valid Firearm Owner's
Identification Card which has |
| 12 |
| previously been issued in his name by the
Department of State |
| 13 |
| Police under the provisions of this Act. In addition,
all |
| 14 |
| firearm, stun gun, and taser transfers by federally licensed |
| 15 |
| firearm dealers are subject
to Section 3.1.
|
| 16 |
| (a-5) Any person who is not a federally licensed firearm |
| 17 |
| dealer and who desires to transfer or sell a firearm while that |
| 18 |
| person is on the grounds of a gun show must, before selling or |
| 19 |
| transferring the firearm, request the Department of State |
| 20 |
| Police to conduct a background check on the prospective |
| 21 |
| recipient of the firearm in accordance with Section 3.1.
|
| 22 |
| (a-10) Any person who is not a federally licensed importer, |
| 23 |
| manufacturer, or dealer and who desires to sell or transfer a |
|
|
|
HB0048 Engrossed |
- 2 - |
LRB096 03447 KTG 13471 b |
|
|
| 1 |
| firearm of a size that may be concealed upon the person to |
| 2 |
| another person, who is not a federally licensed importer, |
| 3 |
| manufacturer, or dealer, shall do so only at the place of |
| 4 |
| business of a federally licensed firearm dealer. The federally |
| 5 |
| licensed firearm dealer shall conduct a background check on the |
| 6 |
| prospective recipient of the firearm in accordance with Section |
| 7 |
| 3.1 of this Act and follow all other applicable federal, State, |
| 8 |
| and local laws as if he were the seller of the firearm. The |
| 9 |
| purchaser or transferee may be required by the federally |
| 10 |
| licensed firearm dealer to pay a fee not to exceed $10 per |
| 11 |
| firearm, plus the applicable fees authorized by Section 3.1. |
| 12 |
| The provisions of this subsection (a-10) do not apply to: |
| 13 |
| (1) transfers to the transferor's husband, wife, son, |
| 14 |
| daughter, stepson, stepdaughter, father, mother, |
| 15 |
| stepfather, stepmother, brother, sister, nephew, niece, |
| 16 |
| uncle, aunt, grandfather, grandmother, grandson, |
| 17 |
| granddaughter, father-in-law, mother-in-law, son-in-law or |
| 18 |
| daughter-in-law; |
| 19 |
| (2) transfers by persons acting pursuant to operation |
| 20 |
| of law or a court order; or |
| 21 |
| (3) transfers on the grounds of a gun show. |
| 22 |
| (b) Any person within this State who transfers or causes to |
| 23 |
| be
transferred any firearm, stun gun, or taser shall keep a |
| 24 |
| record of such transfer for a period
of 10 years from the date |
| 25 |
| of transfer. Such record shall contain the date
of the |
| 26 |
| transfer; the description, serial number or other information
|
|
|
|
HB0048 Engrossed |
- 3 - |
LRB096 03447 KTG 13471 b |
|
|
| 1 |
| identifying the firearm, stun gun, or taser if no serial number |
| 2 |
| is available; and, if the
transfer was completed within this |
| 3 |
| State, the transferee's Firearm Owner's
Identification Card |
| 4 |
| number. On or after January 1, 2006, the record shall contain |
| 5 |
| the date of application for transfer of the firearm. On demand |
| 6 |
| of a peace officer such transferor
shall produce for inspection |
| 7 |
| such record of transfer. If the transfer or sale took place at |
| 8 |
| a gun show, the record shall include the unique identification |
| 9 |
| number. Failure to record the unique identification number is a |
| 10 |
| petty offense.
|
| 11 |
| (b-5) Any resident may purchase ammunition from a person |
| 12 |
| outside of Illinois. Any resident purchasing ammunition |
| 13 |
| outside the State of Illinois must provide the seller with a |
| 14 |
| copy of his or her valid Firearm Owner's Identification Card |
| 15 |
| and either his or her Illinois driver's license or Illinois |
| 16 |
| State Identification Card prior to the shipment of the |
| 17 |
| ammunition. The ammunition may be shipped only to an address on |
| 18 |
| either of those 2 documents. |
| 19 |
| (c) The provisions of this Section regarding the transfer |
| 20 |
| of firearm
ammunition shall not apply to those persons |
| 21 |
| specified in paragraph (b) of
Section 2 of this Act.
|
| 22 |
| (Source: P.A. 94-6, eff. 1-1-06; 94-284, eff. 7-21-05; 94-353, |
| 23 |
| eff. 7-29-05; 94-571, eff. 8-12-05; 95-331, eff. 8-21-07.)
|