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| 1 | AN ACT concerning public safety.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 4 | Section 5. The Firearm Owners Identification Card Act is | ||||||
| 5 | amended by changing Section 3 as follows:
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| 6 | (430 ILCS 65/3) (from Ch. 38, par. 83-3)
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| 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.
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| 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.
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| 22 | (a-10) Any person who is not a federally licensed importer, | ||||||
| 23 | manufacturer, or dealer and who desires to sell or transfer a | ||||||
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| 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 or she were the seller of the firearm. | ||||||
| 9 | The purchaser or transferee may be required by the federally | ||||||
| 10 | licensed firearm dealer to pay a fee not to exceed $10 per | ||||||
| 11 | firearm, which the dealer may retain as compensation for | ||||||
| 12 | performing the functions required under this subsection, plus | ||||||
| 13 | the 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 | ||||||
| 25 | be
transferred any firearm, stun gun, or taser shall keep a | ||||||
| 26 | record of such transfer for a period
of 10 years from the date | ||||||
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| 1 | of transfer. Such record shall contain the date
of the | ||||||
| 2 | transfer; the description, serial number or other information
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| 3 | identifying the firearm, stun gun, or taser if no serial number | ||||||
| 4 | is available; and, if the
transfer was completed within this | ||||||
| 5 | State, the transferee's Firearm Owner's
Identification Card | ||||||
| 6 | number. On or after January 1, 2006, the record shall contain | ||||||
| 7 | the date of application for transfer of the firearm. On demand | ||||||
| 8 | of a peace officer such transferor
shall produce for inspection | ||||||
| 9 | such record of transfer. If the transfer or sale took place at | ||||||
| 10 | a gun show, the record shall include the unique identification | ||||||
| 11 | number. Failure to record the unique identification number is a | ||||||
| 12 | petty offense.
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| 13 | (b-5) Any resident may purchase ammunition from a person | ||||||
| 14 | outside of Illinois. Any resident purchasing ammunition | ||||||
| 15 | outside the State of Illinois must provide the seller with a | ||||||
| 16 | copy of his or her valid Firearm Owner's Identification Card | ||||||
| 17 | and either his or her Illinois driver's license or Illinois | ||||||
| 18 | State Identification Card prior to the shipment of the | ||||||
| 19 | ammunition. The ammunition may be shipped only to an address on | ||||||
| 20 | either of those 2 documents. | ||||||
| 21 | (c) The provisions of this Section regarding the transfer | ||||||
| 22 | of firearm
ammunition shall not apply to those persons | ||||||
| 23 | specified in paragraph (b) of
Section 2 of this Act.
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| 24 | (Source: P.A. 94-6, eff. 1-1-06; 94-284, eff. 7-21-05; 94-353, | ||||||
| 25 | eff. 7-29-05; 94-571, eff. 8-12-05; 95-331, eff. 8-21-07.)
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