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1 | AN ACT concerning 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 Sections 3 and 3.1 as follows: | |||||||||||||||||||||
6 | (430 ILCS 65/3) (from Ch. 38, par. 83-3) | |||||||||||||||||||||
7 | (Text of Section before amendment by P.A. 102-237 ) | |||||||||||||||||||||
8 | Sec. 3. (a) Except as provided in Section 3a, no person may | |||||||||||||||||||||
9 | knowingly
transfer, or cause to be transferred, any firearm, | |||||||||||||||||||||
10 | firearm ammunition, stun gun, or taser to any person within | |||||||||||||||||||||
11 | this State unless the
transferee with whom he deals displays | |||||||||||||||||||||
12 | either: (1) a currently valid Firearm Owner's
Identification | |||||||||||||||||||||
13 | Card which has previously been issued in his or her name by the
| |||||||||||||||||||||
14 | Illinois State Police under the provisions of this Act; or (2) | |||||||||||||||||||||
15 | a currently valid license to carry a concealed firearm which | |||||||||||||||||||||
16 | has previously been issued in his or her name by the
Illinois | |||||||||||||||||||||
17 | State Police under the Firearm Concealed Carry Act. In | |||||||||||||||||||||
18 | addition,
all firearm, firearm ammunition, stun gun, and taser | |||||||||||||||||||||
19 | transfers by federally licensed firearm dealers are subject
to | |||||||||||||||||||||
20 | Section 3.1. | |||||||||||||||||||||
21 | (a-5) Any person who is not a federally licensed firearm | |||||||||||||||||||||
22 | dealer and who desires to transfer or sell a firearm while that | |||||||||||||||||||||
23 | person is on the grounds of a gun show must, before selling or |
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| |||||||
1 | transferring the firearm, request the Illinois State Police to | ||||||
2 | conduct a background check on the prospective recipient of the | ||||||
3 | firearm in accordance with Section 3.1.
| ||||||
4 | (a-10) Notwithstanding item (2) of subsection (a) of this | ||||||
5 | Section, any person who is not a federally licensed firearm | ||||||
6 | dealer and who desires to transfer or sell any a firearm or | ||||||
7 | sell firearm ammunition or firearms to any person who is not a | ||||||
8 | federally licensed firearm dealer shall, before selling or | ||||||
9 | transferring the firearms or selling firearm ammunition , | ||||||
10 | contact the Illinois State Police with the transferee's or | ||||||
11 | purchaser's Firearm Owner's Identification Card number to | ||||||
12 | determine the validity of the transferee's or purchaser's | ||||||
13 | Firearm Owner's Identification Card. This subsection shall not | ||||||
14 | be effective until January 1, 2014. The Illinois State Police | ||||||
15 | may adopt rules concerning the implementation of this | ||||||
16 | subsection. The Illinois State Police shall provide the seller | ||||||
17 | or transferor an approval number if the purchaser's Firearm | ||||||
18 | Owner's Identification Card is valid. Approvals issued by the | ||||||
19 | Illinois State Police Department for the purchase of a firearm | ||||||
20 | or firearm ammunition pursuant to this subsection are valid | ||||||
21 | for 30 days from the date of issue. | ||||||
22 | (a-15) The provisions of subsection (a-10) of this Section | ||||||
23 | do not apply to: | ||||||
24 | (1) transfers that occur at the place of business of a | ||||||
25 | federally licensed firearm dealer, if the federally | ||||||
26 | licensed firearm dealer conducts a background check on the |
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| |||||||
1 | prospective recipient of the firearm or firearm ammunition | ||||||
2 | in accordance with Section 3.1 of this Act and follows all | ||||||
3 | other applicable federal, State, and local laws as if he | ||||||
4 | or she were the seller or transferor of the firearm or | ||||||
5 | firearm ammunition , although the dealer is not required to | ||||||
6 | accept the firearm or firearm ammunition into his or her | ||||||
7 | inventory. The purchaser or transferee may be required by | ||||||
8 | the federally licensed firearm dealer to pay a fee not to | ||||||
9 | exceed $10 per firearm or $10 per firearm ammunition sales | ||||||
10 | transaction , which the dealer may retain as compensation | ||||||
11 | for performing the functions required under this | ||||||
12 | paragraph, plus the applicable fees authorized by Section | ||||||
13 | 3.1; | ||||||
14 | (2) transfers as a bona fide gift to the transferor's | ||||||
15 | husband, wife, son, daughter, stepson, stepdaughter, | ||||||
16 | father, mother, stepfather, stepmother, brother, sister, | ||||||
17 | nephew, niece, uncle, aunt, grandfather, grandmother, | ||||||
18 | grandson, granddaughter, father-in-law, mother-in-law, | ||||||
19 | son-in-law, or daughter-in-law; | ||||||
20 | (3) transfers by persons acting pursuant to operation | ||||||
21 | of law or a court order; | ||||||
22 | (4) transfers on the grounds of a gun show under | ||||||
23 | subsection (a-5) of this Section; | ||||||
24 | (5) the delivery of a firearm by its owner to a | ||||||
25 | gunsmith for service or repair, the return of the firearm | ||||||
26 | to its owner by the gunsmith, or the delivery of a firearm |
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| |||||||
1 | by a gunsmith to a federally licensed firearms dealer for | ||||||
2 | service or repair and the return of the firearm to the | ||||||
3 | gunsmith; | ||||||
4 | (6) temporary transfers that occur while in the home | ||||||
5 | of the unlicensed transferee, if the unlicensed transferee | ||||||
6 | is not otherwise prohibited from possessing firearms and | ||||||
7 | the unlicensed transferee reasonably believes that | ||||||
8 | possession of the firearm is necessary to prevent imminent | ||||||
9 | death or great bodily harm to the unlicensed transferee; | ||||||
10 | (7) transfers to a law enforcement or corrections | ||||||
11 | agency or a law enforcement or corrections officer acting | ||||||
12 | within the course and scope of his or her official duties; | ||||||
13 | (8) transfers of firearms that have been rendered | ||||||
14 | permanently inoperable to a nonprofit historical society, | ||||||
15 | museum, or institutional collection; and | ||||||
16 | (9) transfers to a person who is exempt from the | ||||||
17 | requirement of possessing a Firearm Owner's Identification | ||||||
18 | Card under Section 2 of this Act. | ||||||
19 | (a-20) The Illinois State Police shall develop an | ||||||
20 | Internet-based system for individuals to determine the | ||||||
21 | validity of a Firearm Owner's Identification Card prior to the | ||||||
22 | sale or transfer of a firearm or firearm ammunition . The | ||||||
23 | Illinois State Police Department shall have the Internet-based | ||||||
24 | system completed and available for use by July 1, 2015. The | ||||||
25 | Illinois State Police Department shall adopt rules not | ||||||
26 | inconsistent with this Section to implement this system. |
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1 | (b) Any person within this State who transfers or causes | ||||||
2 | to be
transferred any firearm, stun gun, or taser shall keep a | ||||||
3 | record of such transfer for a period
of 10 years from the date | ||||||
4 | of transfer. Such record shall contain the date
of the | ||||||
5 | transfer; the description, serial number or other information
| ||||||
6 | identifying the firearm, stun gun, or taser if no serial | ||||||
7 | number is available; quantity and type of firearm ammunition | ||||||
8 | transferred; and, if the
transfer was completed within this | ||||||
9 | State, the transferee's Firearm Owner's
Identification Card | ||||||
10 | number and any approval number or documentation provided by | ||||||
11 | the Illinois State Police pursuant to subsection (a-10) of | ||||||
12 | this Section; if the transfer was not completed within this | ||||||
13 | State, the record shall contain the name and address of the | ||||||
14 | transferee. On or after January 1, 2006, the record shall | ||||||
15 | contain the date of application for transfer of the firearm or | ||||||
16 | firearm ammunition . On demand of a peace officer such | ||||||
17 | transferor
shall produce for inspection such record of | ||||||
18 | transfer. If the transfer or sale took place at a gun show, the | ||||||
19 | record shall include the unique identification number. Failure | ||||||
20 | to record the unique identification number or approval number | ||||||
21 | is a petty offense.
For transfers of a firearm, stun gun, or | ||||||
22 | taser made on or after January 18, 2019 ( the effective date of | ||||||
23 | Public Act 100-1178) this amendatory Act of the 100th General | ||||||
24 | Assembly , failure by the private seller to maintain the | ||||||
25 | transfer records in accordance with this Section is a Class A | ||||||
26 | misdemeanor for the first offense and a Class 4 felony for a |
| |||||||
| |||||||
1 | second or subsequent offense. For transfers of firearm | ||||||
2 | ammunition made on or after the effective date of this | ||||||
3 | amendatory Act of the 102nd General Assembly, failure by the | ||||||
4 | private seller to maintain the transfer records in accordance | ||||||
5 | with this Section is a Class A misdemeanor for the first | ||||||
6 | offense and a Class 4 felony for a second or subsequent | ||||||
7 | offense. A transferee shall not be criminally liable under | ||||||
8 | this Section provided that he or she provides the Illinois | ||||||
9 | State Police with the transfer records in accordance with | ||||||
10 | procedures established by the Illinois State Police | ||||||
11 | Department . The Illinois State Police Department shall | ||||||
12 | establish, by rule, a standard form on its website. | ||||||
13 | (b-5) Any resident may purchase ammunition from a person | ||||||
14 | within or outside of Illinois if shipment is by United States | ||||||
15 | mail or by a private express carrier authorized by federal law | ||||||
16 | to ship ammunition. Any resident purchasing ammunition within | ||||||
17 | or outside the State of Illinois must provide the seller with a | ||||||
18 | copy of his or her valid Firearm Owner's Identification Card | ||||||
19 | or valid concealed carry license and either his or her | ||||||
20 | Illinois driver's license or Illinois State Identification | ||||||
21 | Card prior to the shipment of the ammunition. Prior to the | ||||||
22 | shipment of the ammunition, Illinois sellers shall contact the | ||||||
23 | Illinois State Police consistent with the requirements set | ||||||
24 | forth in this Section. The ammunition may be shipped only to an | ||||||
25 | address on either of those 2 documents. | ||||||
26 | (c) The provisions of this Section regarding the transfer |
| |||||||
| |||||||
1 | of firearm
ammunition shall not apply to those persons | ||||||
2 | specified in paragraph (b) of
Section 2 of this Act while | ||||||
3 | engaging in activities listed in that subsection . | ||||||
4 | (Source: P.A. 102-538, eff. 8-20-21; revised 10-13-21.) | ||||||
5 | (Text of Section after amendment by P.A. 102-237 ) | ||||||
6 | Sec. 3. (a) Except as provided in Section 3a, no person may | ||||||
7 | knowingly
transfer, or cause to be transferred, any firearm, | ||||||
8 | firearm ammunition, stun gun, or taser to any person within | ||||||
9 | this State unless the
transferee with whom he deals displays | ||||||
10 | either: (1) a currently valid Firearm Owner's
Identification | ||||||
11 | Card which has previously been issued in his or her name by the
| ||||||
12 | Illinois State Police under the provisions of this Act; or (2) | ||||||
13 | a currently valid license to carry a concealed firearm which | ||||||
14 | has previously been issued in his or her name by the
Illinois | ||||||
15 | State Police under the Firearm Concealed Carry Act. In | ||||||
16 | addition,
all firearm, firearm ammunition, stun gun, and taser | ||||||
17 | transfers by federally licensed firearm dealers are subject
to | ||||||
18 | Section 3.1. | ||||||
19 | (a-5) Any person who is not a federally licensed firearm | ||||||
20 | dealer and who desires to transfer or sell a firearm while that | ||||||
21 | person is on the grounds of a gun show must, before selling or | ||||||
22 | transferring the firearm, request the Illinois State Police to | ||||||
23 | conduct a background check on the prospective recipient of the | ||||||
24 | firearm in accordance with Section 3.1.
| ||||||
25 | (a-10) Notwithstanding item (2) of subsection (a) of this |
| |||||||
| |||||||
1 | Section, any person who is not a federally licensed firearm | ||||||
2 | dealer and who desires to transfer or sell any a firearm or | ||||||
3 | sell firearm ammunition firearms to any person who is not a | ||||||
4 | federally licensed firearm dealer shall, before selling or | ||||||
5 | transferring the firearms or selling firearm ammunition , | ||||||
6 | contact a federal firearm license dealer under paragraph (1) | ||||||
7 | of subsection (a-15) of this Section to conduct the transfer | ||||||
8 | or the Illinois State Police with the transferee's or | ||||||
9 | purchaser's Firearm Owner's Identification Card number to | ||||||
10 | determine the validity of the transferee's or purchaser's | ||||||
11 | Firearm Owner's Identification Card under State and federal | ||||||
12 | law , including the National Instant Criminal Background Check | ||||||
13 | System. This subsection shall not be effective until January | ||||||
14 | 1, 2024. Until that date the transferor shall contact the | ||||||
15 | Illinois State Police with the transferee's or purchaser's | ||||||
16 | Firearm Owner's Identification Card number to determine the | ||||||
17 | validity of the card. The Illinois State Police may adopt | ||||||
18 | rules concerning the implementation of this subsection. The | ||||||
19 | Illinois State Police shall provide the seller or transferor | ||||||
20 | an approval number if the purchaser's Firearm Owner's | ||||||
21 | Identification Card is valid. Approvals issued by the Illinois | ||||||
22 | State Police Department for the purchase of a firearm or | ||||||
23 | firearm ammunition pursuant to this subsection are valid for | ||||||
24 | 30 days from the date of issue. | ||||||
25 | (a-15) The provisions of subsection (a-10) of this Section | ||||||
26 | do not apply to: |
| |||||||
| |||||||
1 | (1) transfers that occur at the place of business of a | ||||||
2 | federally licensed firearm dealer, if the federally | ||||||
3 | licensed firearm dealer conducts a background check on the | ||||||
4 | prospective recipient of the firearm or firearm ammunition | ||||||
5 | in accordance with Section 3.1 of this Act and follows all | ||||||
6 | other applicable federal, State, and local laws as if he | ||||||
7 | or she were the seller or transferor of the firearm or | ||||||
8 | firearm ammunition , although the dealer is not required to | ||||||
9 | accept the firearm or firearm ammunition into his or her | ||||||
10 | inventory. The purchaser or transferee may be required by | ||||||
11 | the federally licensed firearm dealer to pay a fee not to | ||||||
12 | exceed $25 per firearm or $25 per firearm ammunition sales | ||||||
13 | transaction , which the dealer may retain as compensation | ||||||
14 | for performing the functions required under this | ||||||
15 | paragraph, plus the applicable fees authorized by Section | ||||||
16 | 3.1; | ||||||
17 | (2) transfers as a bona fide gift to the transferor's | ||||||
18 | husband, wife, son, daughter, stepson, stepdaughter, | ||||||
19 | father, mother, stepfather, stepmother, brother, sister, | ||||||
20 | nephew, niece, uncle, aunt, grandfather, grandmother, | ||||||
21 | grandson, granddaughter, father-in-law, mother-in-law, | ||||||
22 | son-in-law, or daughter-in-law; | ||||||
23 | (3) transfers by persons acting pursuant to operation | ||||||
24 | of law or a court order; | ||||||
25 | (4) transfers on the grounds of a gun show under | ||||||
26 | subsection (a-5) of this Section; |
| |||||||
| |||||||
1 | (5) the delivery of a firearm by its owner to a | ||||||
2 | gunsmith for service or repair, the return of the firearm | ||||||
3 | to its owner by the gunsmith, or the delivery of a firearm | ||||||
4 | by a gunsmith to a federally licensed firearms dealer for | ||||||
5 | service or repair and the return of the firearm to the | ||||||
6 | gunsmith; | ||||||
7 | (6) temporary transfers that occur while in the home | ||||||
8 | of the unlicensed transferee, if the unlicensed transferee | ||||||
9 | is not otherwise prohibited from possessing firearms and | ||||||
10 | the unlicensed transferee reasonably believes that | ||||||
11 | possession of the firearm is necessary to prevent imminent | ||||||
12 | death or great bodily harm to the unlicensed transferee; | ||||||
13 | (7) transfers to a law enforcement or corrections | ||||||
14 | agency or a law enforcement or corrections officer acting | ||||||
15 | within the course and scope of his or her official duties; | ||||||
16 | (8) transfers of firearms that have been rendered | ||||||
17 | permanently inoperable to a nonprofit historical society, | ||||||
18 | museum, or institutional collection; and | ||||||
19 | (9) transfers to a person who is exempt from the | ||||||
20 | requirement of possessing a Firearm Owner's Identification | ||||||
21 | Card under Section 2 of this Act. | ||||||
22 | (a-20) The Illinois State Police shall develop an | ||||||
23 | Internet-based system for individuals to determine the | ||||||
24 | validity of a Firearm Owner's Identification Card prior to the | ||||||
25 | sale or transfer of a firearm or firearm ammunition . The | ||||||
26 | Illinois State Police Department shall have the Internet-based |
| |||||||
| |||||||
1 | system updated and available for use by January 1, 2024. The | ||||||
2 | Illinois State Police shall adopt rules not inconsistent with | ||||||
3 | this Section to implement this system; but no rule shall allow | ||||||
4 | the Illinois State Police to retain records in contravention | ||||||
5 | of State and federal law. | ||||||
6 | (a-25) On or before January 1, 2022, the Illinois State | ||||||
7 | Police shall develop an Internet-based system upon which the | ||||||
8 | serial numbers of firearms that have been reported stolen are | ||||||
9 | available for public access for individuals to ensure any | ||||||
10 | firearms are not reported stolen prior to the sale or transfer | ||||||
11 | of a firearm under this Section. The Illinois State Police | ||||||
12 | shall have the Internet-based system completed and available | ||||||
13 | for use by July 1, 2022. The Illinois State Police Department | ||||||
14 | shall adopt rules not inconsistent with this Section to | ||||||
15 | implement this system. | ||||||
16 | (b) Any person within this State who transfers or causes | ||||||
17 | to be
transferred any firearm, stun gun, or taser shall keep a | ||||||
18 | record of such transfer for a period
of 10 years from the date | ||||||
19 | of transfer. Any person within this State who receives any | ||||||
20 | firearm, stun gun, or taser pursuant to subsection (a-10) | ||||||
21 | shall provide a record of the transfer within 10 days of the | ||||||
22 | transfer to a federally licensed firearm dealer and shall not | ||||||
23 | be required to maintain a transfer record. The federally | ||||||
24 | licensed firearm dealer shall maintain the transfer record for | ||||||
25 | 20 years from the date of receipt. A federally licensed | ||||||
26 | firearm dealer may charge a fee not to exceed $25 to retain the |
| |||||||
| |||||||
1 | record. The record shall be provided and maintained in either | ||||||
2 | an electronic or paper format. The federally licensed firearm | ||||||
3 | dealer shall not be liable for the accuracy of any information | ||||||
4 | in the transfer record submitted pursuant to this Section. | ||||||
5 | Such records shall contain the date
of the transfer; the | ||||||
6 | description, serial number or other information
identifying | ||||||
7 | the firearm, stun gun, or taser if no serial number is | ||||||
8 | available; quantity and type of firearm ammunition | ||||||
9 | transferred; and, if the
transfer was completed within this | ||||||
10 | State, the transferee's Firearm Owner's
Identification Card | ||||||
11 | number and any approval number or documentation provided by | ||||||
12 | the Illinois State Police pursuant to subsection (a-10) of | ||||||
13 | this Section; if the transfer was not completed within this | ||||||
14 | State, the record shall contain the name and address of the | ||||||
15 | transferee. On or after January 1, 2006, the record shall | ||||||
16 | contain the date of application for transfer of the firearm or | ||||||
17 | firearm ammunition . On demand of a peace officer such | ||||||
18 | transferor shall produce for inspection such record of | ||||||
19 | transfer. For any transfer pursuant to subsection (a-10) of | ||||||
20 | this Section, on the demand of a peace officer, such | ||||||
21 | transferee shall identify the federally licensed firearm | ||||||
22 | dealer maintaining the transfer record. If the transfer or | ||||||
23 | sale took place at a gun show, the record shall include the | ||||||
24 | unique identification number. Failure to record the unique | ||||||
25 | identification number or approval number is a petty offense.
| ||||||
26 | For transfers of a firearm, stun gun, or taser made on or after |
| |||||||
| |||||||
1 | January 18, 2019 ( the effective date of Public Act 100-1178) | ||||||
2 | this amendatory Act of the 100th General Assembly , failure by | ||||||
3 | the private seller to maintain the transfer records in | ||||||
4 | accordance with this Section, or failure by a transferee | ||||||
5 | pursuant to subsection a-10 of this Section to identify the | ||||||
6 | federally licensed firearm dealer maintaining the transfer | ||||||
7 | record, is a Class A misdemeanor for the first offense and a | ||||||
8 | Class 4 felony for a second or subsequent offense occurring | ||||||
9 | within 10 years of the first offense and the second offense was | ||||||
10 | committed after conviction of the first offense. For transfers | ||||||
11 | of firearm ammunition made on or after the effective date of | ||||||
12 | this amendatory Act of the 102nd General Assembly, failure by | ||||||
13 | the private seller to maintain the transfer records in | ||||||
14 | accordance with this Section is a Class A misdemeanor for the | ||||||
15 | first offense and a Class 4 felony for a second or subsequent | ||||||
16 | offense occurring within 10 years of the first offense and the | ||||||
17 | second offense was committed after conviction of the first | ||||||
18 | offense. Whenever any person who has not previously been | ||||||
19 | convicted of any violation of subsection (a-5), the court may | ||||||
20 | grant supervision pursuant to and consistent with the | ||||||
21 | limitations of Section 5-6-1 of the Unified Code of | ||||||
22 | Corrections. A transferee or transferor shall not be | ||||||
23 | criminally liable under this Section provided that he or she | ||||||
24 | provides the Illinois State Police with the transfer records | ||||||
25 | in accordance with procedures established by the Illinois | ||||||
26 | State Police Department . The Illinois State Police Department |
| |||||||
| |||||||
1 | shall establish, by rule, a standard form on its website. | ||||||
2 | (b-5) Any resident may purchase ammunition from a person | ||||||
3 | within or outside of Illinois if shipment is by United States | ||||||
4 | mail or by a private express carrier authorized by federal law | ||||||
5 | to ship ammunition. Any resident purchasing ammunition within | ||||||
6 | or outside the State of Illinois must provide the seller with a | ||||||
7 | copy of his or her valid Firearm Owner's Identification Card | ||||||
8 | or valid concealed carry license and either his or her | ||||||
9 | Illinois driver's license or Illinois State Identification | ||||||
10 | Card prior to the shipment of the ammunition. Prior to the | ||||||
11 | shipment of the ammunition, Illinois sellers shall contact the | ||||||
12 | Illinois State Police consistent with the requirements set | ||||||
13 | forth in this Section. The ammunition may be shipped only to an | ||||||
14 | address on either of those 2 documents. | ||||||
15 | (c) The provisions of this Section regarding the transfer | ||||||
16 | of firearm
ammunition shall not apply to those persons | ||||||
17 | specified in paragraph (b) of
Section 2 of this Act while | ||||||
18 | engaging in activities listed in that subsection . | ||||||
19 | (Source: P.A. 102-237, eff. 1-1-24; 102-538, eff. 8-20-21; | ||||||
20 | revised 10-13-21.)
| ||||||
21 | (430 ILCS 65/3.1) (from Ch. 38, par. 83-3.1)
| ||||||
22 | Sec. 3.1. Firearm Transfer Inquiry Program. | ||||||
23 | (a) The Illinois State Police shall provide
a dial up | ||||||
24 | telephone system or utilize other existing technology which | ||||||
25 | shall be used by any federally licensed
firearm dealer, gun |
| |||||||
| |||||||
1 | show promoter, or gun show vendor who is to transfer a firearm, | ||||||
2 | firearm ammunition, stun gun, or taser under the provisions of | ||||||
3 | this
Act. The Illinois State Police may utilize existing | ||||||
4 | technology which
allows the caller to be charged a fee not to | ||||||
5 | exceed $2. Fees collected by the Illinois State Police shall | ||||||
6 | be deposited in the State Police Firearm Services Fund and | ||||||
7 | used
to provide the service.
| ||||||
8 | (b) Upon receiving a request from a federally licensed | ||||||
9 | firearm dealer, gun show promoter, or gun show vendor, the
| ||||||
10 | Illinois State Police shall immediately approve , or , within | ||||||
11 | the time
period established by Section 24-3 of the Criminal | ||||||
12 | Code of 2012 regarding
the delivery of firearms, firearm | ||||||
13 | ammunition, stun guns, and tasers , notify the inquiring | ||||||
14 | dealer, gun show promoter, or gun show vendor of any objection | ||||||
15 | that
would disqualify the transferee from acquiring or | ||||||
16 | possessing a firearm, firearm ammunition, stun gun, or taser. | ||||||
17 | In
conducting the inquiry, the Illinois State Police shall | ||||||
18 | initiate and
complete an automated search of its criminal | ||||||
19 | history record information
files and those of the Federal | ||||||
20 | Bureau of Investigation, including the
National Instant | ||||||
21 | Criminal Background Check System, and of the files of
the | ||||||
22 | Department of Human Services relating to mental health and
| ||||||
23 | developmental disabilities to obtain
any felony conviction or | ||||||
24 | patient hospitalization information which would
disqualify a | ||||||
25 | person from obtaining or require revocation of a currently
| ||||||
26 | valid Firearm Owner's Identification Card. |
| |||||||
| |||||||
1 | (b-5) By January 1, 2023, the Illinois State Police shall | ||||||
2 | by rule provide a process for the automatic renewal of the | ||||||
3 | Firearm Owner's Identification Card of a person at the time of | ||||||
4 | an inquiry in subsection (b). Persons eligible for this | ||||||
5 | process must have a set of fingerprints on file with their | ||||||
6 | applications application under either subsection (a-25) of | ||||||
7 | Section 4 or the Firearm Concealed Carry Act. | ||||||
8 | (c) If receipt of a firearm would not violate Section 24-3 | ||||||
9 | of the Criminal Code of 2012, federal law, or this Act , the | ||||||
10 | Illinois State Police shall: | ||||||
11 | (1) assign a unique identification number to the | ||||||
12 | transfer; and | ||||||
13 | (2) provide the licensee, gun show promoter, or gun | ||||||
14 | show vendor with the number. | ||||||
15 | (d) Approvals issued by the Illinois State Police for the | ||||||
16 | purchase of a firearm or firearm ammunition are valid for 30 | ||||||
17 | days from the date of issue.
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18 | (e) (1) The Illinois State Police must act as the Illinois | ||||||
19 | Point of Contact
for the National Instant Criminal Background | ||||||
20 | Check System. | ||||||
21 | (2) The Illinois State Police and the Department of Human | ||||||
22 | Services shall, in accordance with State and federal law | ||||||
23 | regarding confidentiality, enter into a memorandum of | ||||||
24 | understanding with the Federal Bureau of Investigation for the | ||||||
25 | purpose of implementing the National Instant Criminal | ||||||
26 | Background Check System in the State. The Illinois State |
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1 | Police shall report the name, date of birth, and physical | ||||||
2 | description of any person prohibited from possessing a firearm | ||||||
3 | pursuant to the Firearm Owners Identification Card Act or 18 | ||||||
4 | U.S.C. 922(g) and (n) to the National Instant Criminal | ||||||
5 | Background Check System Index, Denied Persons Files.
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6 | (3) The Illinois State Police shall provide notice of the | ||||||
7 | disqualification of a person under subsection (b) of this | ||||||
8 | Section or the revocation of a person's Firearm Owner's | ||||||
9 | Identification Card under Section 8 or Section 8.2 of this | ||||||
10 | Act, and the reason for the disqualification or revocation, to | ||||||
11 | all law enforcement agencies with jurisdiction to assist with | ||||||
12 | the seizure of the person's Firearm Owner's Identification | ||||||
13 | Card. | ||||||
14 | (f) The Illinois State Police shall adopt rules not | ||||||
15 | inconsistent with this Section to implement this
system.
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16 | (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; | ||||||
17 | revised 10-13-21.)
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18 | Section 95. No acceleration or delay. Where this Act makes | ||||||
19 | changes in a statute that is represented in this Act by text | ||||||
20 | that is not yet or no longer in effect (for example, a Section | ||||||
21 | represented by multiple versions), the use of that text does | ||||||
22 | not accelerate or delay the taking effect of (i) the changes | ||||||
23 | made by this Act or (ii) provisions derived from any other | ||||||
24 | Public Act.
|