Rep. Harry Benton
Filed: 4/1/2024
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1 | AMENDMENT TO HOUSE BILL 5254 | ||||||
2 | AMENDMENT NO. ______. Amend House Bill 5254 by replacing | ||||||
3 | everything after the enacting clause with the following: | ||||||
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 | ||||||
11 | either: (1) a currently valid Firearm Owner's Identification | ||||||
12 | Card which has previously been issued in his or her name by the | ||||||
13 | Illinois State Police under the provisions of this Act; or (2) | ||||||
14 | a currently valid license to carry a concealed firearm which | ||||||
15 | has previously been issued in his or her name by the Illinois | ||||||
16 | State Police under the Firearm Concealed Carry Act. In |
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1 | addition, all firearm, stun gun, and taser transfers by | ||||||
2 | federally licensed firearm dealers are subject to Section 3.1. | ||||||
3 | (a-5) Any person who is not a federally licensed firearm | ||||||
4 | dealer and who desires to transfer or sell a firearm while that | ||||||
5 | person is on the grounds of a gun show must, before selling or | ||||||
6 | transferring the firearm, request the Illinois State Police to | ||||||
7 | conduct a background check on the prospective recipient of the | ||||||
8 | firearm in accordance with Section 3.1. | ||||||
9 | (a-10) Notwithstanding item (2) of subsection (a) of this | ||||||
10 | Section, any person who is not a federally licensed firearm | ||||||
11 | dealer and who desires to transfer or sell a firearm or | ||||||
12 | firearms to any person who is not a federally licensed firearm | ||||||
13 | dealer shall, before selling or transferring the firearms, | ||||||
14 | contact a federal firearm license dealer under paragraph (1) | ||||||
15 | of subsection (a-15) of this Section to conduct the transfer | ||||||
16 | or the Illinois State Police with the transferee's or | ||||||
17 | purchaser's Firearm Owner's Identification Card number to | ||||||
18 | determine the validity of the transferee's or purchaser's | ||||||
19 | Firearm Owner's Identification Card under State and federal | ||||||
20 | law, including the National Instant Criminal Background Check | ||||||
21 | System. This subsection shall not be effective until July 1, | ||||||
22 | 2023. Until that date the transferor shall contact the | ||||||
23 | Illinois State Police with the transferee's or purchaser's | ||||||
24 | Firearm Owner's Identification Card number to determine the | ||||||
25 | validity of the card. The Illinois State Police may adopt | ||||||
26 | rules concerning the implementation of this subsection. The |
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1 | Illinois State Police shall provide the seller or transferor | ||||||
2 | an approval number if the purchaser's Firearm Owner's | ||||||
3 | Identification Card is valid. Approvals issued by the Illinois | ||||||
4 | State Police for the purchase of a firearm pursuant to this | ||||||
5 | subsection are valid for 30 days from the date of issue. | ||||||
6 | (a-15) The provisions of subsection (a-10) of this Section | ||||||
7 | do not apply to: | ||||||
8 | (1) transfers that occur at the place of business of a | ||||||
9 | federally licensed firearm dealer, if the federally | ||||||
10 | licensed firearm dealer conducts a background check on the | ||||||
11 | prospective recipient of the firearm in accordance with | ||||||
12 | Section 3.1 of this Act and follows all other applicable | ||||||
13 | federal, State, and local laws as if he or she were the | ||||||
14 | seller or transferor of the firearm, although the dealer | ||||||
15 | is not required to accept the firearm into his or her | ||||||
16 | inventory. The purchaser or transferee may be required by | ||||||
17 | the federally licensed firearm dealer to pay a fee not to | ||||||
18 | exceed $25 per firearm, which the dealer may retain as | ||||||
19 | compensation for performing the functions required under | ||||||
20 | this paragraph, plus the applicable fees authorized by | ||||||
21 | Section 3.1; | ||||||
22 | (2) transfers as a bona fide gift to the transferor's | ||||||
23 | husband, wife, son, daughter, stepson, stepdaughter, | ||||||
24 | father, mother, stepfather, stepmother, brother, sister, | ||||||
25 | nephew, niece, uncle, aunt, grandfather, grandmother, | ||||||
26 | grandson, granddaughter, father-in-law, mother-in-law, |
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1 | son-in-law, or daughter-in-law; | ||||||
2 | (3) transfers by persons acting pursuant to operation | ||||||
3 | of law or a court order; | ||||||
4 | (4) transfers on the grounds of a gun show under | ||||||
5 | subsection (a-5) of this Section; | ||||||
6 | (5) the delivery of a firearm by its owner to a | ||||||
7 | gunsmith for service or repair, the return of the firearm | ||||||
8 | to its owner by the gunsmith, or the delivery of a firearm | ||||||
9 | by a gunsmith to a federally licensed firearms dealer for | ||||||
10 | service or repair and the return of the firearm to the | ||||||
11 | gunsmith; | ||||||
12 | (6) temporary transfers that occur while in the home | ||||||
13 | of the unlicensed transferee, if the unlicensed transferee | ||||||
14 | is not otherwise prohibited from possessing firearms and | ||||||
15 | the unlicensed transferee reasonably believes that | ||||||
16 | possession of the firearm is necessary to prevent imminent | ||||||
17 | death or great bodily harm to the unlicensed transferee; | ||||||
18 | (7) transfers to a law enforcement or corrections | ||||||
19 | agency or a law enforcement or corrections officer acting | ||||||
20 | within the course and scope of his or her official duties; | ||||||
21 | (8) transfers of firearms that have been rendered | ||||||
22 | permanently inoperable to a nonprofit historical society, | ||||||
23 | museum, or institutional collection; and | ||||||
24 | (9) transfers to a person who is exempt from the | ||||||
25 | requirement of possessing a Firearm Owner's Identification | ||||||
26 | Card under Section 2 of this Act. |
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1 | (a-20) The Illinois State Police shall develop an | ||||||
2 | Internet-based system for individuals to determine the | ||||||
3 | validity of a Firearm Owner's Identification Card prior to the | ||||||
4 | sale or transfer of a firearm. The Illinois State Police shall | ||||||
5 | have the Internet-based system updated and available for use | ||||||
6 | by January 1, 2024. The Illinois State Police shall adopt | ||||||
7 | rules not inconsistent with this Section to implement this | ||||||
8 | system; but no rule shall allow the Illinois State Police to | ||||||
9 | retain records in contravention of State and federal law. | ||||||
10 | (a-25) On or before January 1, 2022, the Illinois State | ||||||
11 | Police shall develop an Internet-based system upon which the | ||||||
12 | serial numbers of firearms that have been reported stolen are | ||||||
13 | available for public access for individuals to ensure any | ||||||
14 | firearms are not reported stolen prior to the sale or transfer | ||||||
15 | of a firearm under this Section. The Illinois State Police | ||||||
16 | shall have the Internet-based system completed and available | ||||||
17 | for use by July 1, 2022. The Illinois State Police shall adopt | ||||||
18 | rules not inconsistent with this Section to implement this | ||||||
19 | system. | ||||||
20 | (a-30) A federally licensed firearm dealer who has | ||||||
21 | received a license under 18 U.S.C. 923, upon the sale or | ||||||
22 | transfer of a firearm to a person whom the dealer reasonably | ||||||
23 | believes to be a first-time purchaser or transferee of a | ||||||
24 | firearm, shall provide the purchaser or transferee of the | ||||||
25 | firearm with printed or digital information about firearm | ||||||
26 | safety and the safe storage of firearms. Prior to the transfer |
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1 | of a firearm, the dealer shall inquire as to whether the person | ||||||
2 | who seeks purchase or transfer of the firearm is a first-time | ||||||
3 | prospective transferee of a firearm, which question shall be | ||||||
4 | recorded with each application for purchase or transfer of a | ||||||
5 | firearm. | ||||||
6 | (b) Any person within this State who transfers or causes | ||||||
7 | to be transferred any firearm, stun gun, or taser shall keep a | ||||||
8 | record of such transfer for a period of 10 years from the date | ||||||
9 | of transfer. Any person within this State who receives any | ||||||
10 | firearm, stun gun, or taser pursuant to subsection (a-10) | ||||||
11 | shall provide a record of the transfer within 10 days of the | ||||||
12 | transfer to a federally licensed firearm dealer and shall not | ||||||
13 | be required to maintain a transfer record. The federally | ||||||
14 | licensed firearm dealer shall maintain the transfer record for | ||||||
15 | 20 years from the date of receipt. A federally licensed | ||||||
16 | firearm dealer may charge a fee not to exceed $25 to retain the | ||||||
17 | record. The record shall be provided and maintained in either | ||||||
18 | an electronic or paper format. The federally licensed firearm | ||||||
19 | dealer shall not be liable for the accuracy of any information | ||||||
20 | in the transfer record submitted pursuant to this Section. | ||||||
21 | Such records shall contain the date of the transfer; the | ||||||
22 | description, serial number or other information identifying | ||||||
23 | the firearm, stun gun, or taser if no serial number is | ||||||
24 | available; and, if the transfer was completed within this | ||||||
25 | State, the transferee's Firearm Owner's Identification Card | ||||||
26 | number and any approval number or documentation provided by |
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1 | the Illinois State Police pursuant to subsection (a-10) of | ||||||
2 | this Section; if the transfer was not completed within this | ||||||
3 | State, the record shall contain the name and address of the | ||||||
4 | transferee. On or after January 1, 2006, the record shall | ||||||
5 | contain the date of application for transfer of the firearm. | ||||||
6 | On demand of a peace officer such transferor shall produce for | ||||||
7 | inspection such record of transfer. For any transfer pursuant | ||||||
8 | to subsection (a-10) of this Section, on the demand of a peace | ||||||
9 | officer, such transferee shall identify the federally licensed | ||||||
10 | firearm dealer maintaining the transfer record. If the | ||||||
11 | transfer or sale took place at a gun show, the record shall | ||||||
12 | include the unique identification number. Failure to record | ||||||
13 | the unique identification number or approval number is a petty | ||||||
14 | offense. For transfers of a firearm, stun gun, or taser made on | ||||||
15 | or after January 18, 2019 (the effective date of Public Act | ||||||
16 | 100-1178), failure by the private seller to maintain the | ||||||
17 | transfer records in accordance with this Section, or failure | ||||||
18 | by a transferee pursuant to subsection a-10 of this Section to | ||||||
19 | identify the federally licensed firearm dealer maintaining the | ||||||
20 | transfer record, is a Class A misdemeanor for the first | ||||||
21 | offense and a Class 4 felony for a second or subsequent offense | ||||||
22 | occurring within 10 years of the first offense and the second | ||||||
23 | offense was committed after conviction of the first offense. | ||||||
24 | Whenever any person who has not previously been convicted of | ||||||
25 | any violation of subsection (a-5), the court may grant | ||||||
26 | supervision pursuant to and consistent with the limitations of |
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1 | Section 5-6-1 of the Unified Code of Corrections. A transferee | ||||||
2 | or transferor shall not be criminally liable under this | ||||||
3 | Section provided that he or she provides the Illinois State | ||||||
4 | Police with the transfer records in accordance with procedures | ||||||
5 | established by the Illinois State Police. The Illinois State | ||||||
6 | Police shall establish, by rule, a standard form on its | ||||||
7 | website. | ||||||
8 | (b-5) Any resident may purchase ammunition from a person | ||||||
9 | within or outside of Illinois if shipment is by United States | ||||||
10 | mail or by a private express carrier authorized by federal law | ||||||
11 | to ship ammunition. Any resident purchasing ammunition within | ||||||
12 | or outside the State of Illinois must provide the seller with a | ||||||
13 | copy of his or her valid Firearm Owner's Identification Card | ||||||
14 | or valid concealed carry license and either his or her | ||||||
15 | Illinois driver's license or Illinois State Identification | ||||||
16 | Card prior to the shipment of the ammunition. The ammunition | ||||||
17 | may be shipped only to an address on either of those 2 | ||||||
18 | 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. 102-237, eff. 1-1-24; 102-538, eff. 8-20-21; | ||||||
23 | 102-813, eff. 5-13-22; 102-1116, eff. 1-10-23 .) | ||||||
24 | Section 99. Effective date. This Act takes effect upon | ||||||
25 | becoming law.". |