98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB1171

 

Introduced 1/30/2013, by Sen. Dan Kotowski

 

SYNOPSIS AS INTRODUCED:
 
430 ILCS 65/3  from Ch. 38, par. 83-3
430 ILCS 65/3.1  from Ch. 38, par. 83-3.1

    Amends the Firearm Owners Identification Card Act. Provides that a person who is not a federally licensed importer, manufacturer, or dealer and who desires to sell or transfer a firearm of a size that may be concealed upon the person to another person, who is not a federally licensed importer, manufacturer, or dealer, shall do so only at the place of business of a federally licensed firearm dealer. Provides that the federally licensed firearm dealer shall conduct a background check on the prospective recipient of the firearm and follow all other applicable federal, State, and local laws as if he or she were the seller of the firearm. Provides that the purchaser or transferee may be required by the federally licensed firearm dealer to pay a fee not to exceed $10 per firearm, plus other authorized fees. Makes exceptions for (i) the transfer of a firearm between spouses, a parent and child, or other family members, (ii) transfers by persons acting pursuant to operation of law or a court order, or (iii) transfers on the grounds of a gun show. Provides that the Department of State Police shall develop an Internet based system for individuals to request the Department of State Police to conduct an instant criminal background check prior to the sale or transfer of a handgun. Provides that the Department of State Police shall have the system completed and available for use by July 1, 2014.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning firearms, which may be referred to as the
2Gun Trafficking and Gang Violence Prevention Act.
 
3    Be it enacted by the People of the State of Illinois,
4represented in the General Assembly:
 
5    Section 5. The Firearm Owners Identification Card Act is
6amended by changing Sections 3 and 3.1 as follows:
 
7    (430 ILCS 65/3)  (from Ch. 38, par. 83-3)
8    Sec. 3. (a) Except as provided in Section 3a, no person may
9knowingly transfer, or cause to be transferred, any firearm,
10firearm ammunition, stun gun, or taser to any person within
11this State unless the transferee with whom he deals displays a
12currently valid Firearm Owner's Identification Card which has
13previously been issued in his name by the Department of State
14Police under the provisions of this Act. In addition, all
15firearm, stun gun, and taser transfers by federally licensed
16firearm dealers are subject to Section 3.1.
17    (a-5) Any person who is not a federally licensed firearm
18dealer and who desires to transfer or sell a firearm while that
19person is on the grounds of a gun show must, before selling or
20transferring the firearm, request the Department of State
21Police to conduct a background check on the prospective
22recipient of the firearm in accordance with Section 3.1.
23    (a-10) Any person who is not a federally licensed importer,

 

 

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1manufacturer, or dealer and who desires to sell or transfer a
2firearm of a size that may be concealed upon the person to
3another person, who is not a federally licensed importer,
4manufacturer, or dealer, shall do so only at the place of
5business of a federally licensed firearm dealer. The federally
6licensed firearm dealer shall conduct a background check on the
7prospective recipient of the firearm in accordance with Section
83.1 of this Act and follow all other applicable federal, State,
9and local laws as if he or she were the seller of the firearm.
10The purchaser or transferee may be required by the federally
11licensed firearm dealer to pay a fee not to exceed $10 per
12firearm, which the dealer may retain as compensation for
13performing the functions required under this subsection, plus
14the applicable fees authorized by Section 3.1.
15    The provisions of this subsection (a-10) do not apply to:
16        (1) transfers to the transferor's husband, wife, son,
17    daughter, stepson, stepdaughter, father, mother,
18    stepfather, stepmother, brother, sister, nephew, niece,
19    uncle, aunt, grandfather, grandmother, grandson,
20    granddaughter, father-in-law, mother-in-law, son-in-law or
21    daughter-in-law;
22        (2) transfers by persons acting pursuant to operation
23    of law or a court order; or
24        (3) transfers on the grounds of a gun show.
25    (b) Any person within this State who transfers or causes to
26be transferred any firearm, stun gun, or taser shall keep a

 

 

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1record of such transfer for a period of 10 years from the date
2of transfer. Such record shall contain the date of the
3transfer; the description, serial number or other information
4identifying the firearm, stun gun, or taser if no serial number
5is available; and, if the transfer was completed within this
6State, the transferee's Firearm Owner's Identification Card
7number. On or after January 1, 2006, the record shall contain
8the date of application for transfer of the firearm. On demand
9of a peace officer such transferor shall produce for inspection
10such record of transfer. If the transfer or sale took place at
11a gun show, the record shall include the unique identification
12number. Failure to record the unique identification number is a
13petty offense.
14    (b-5) Any resident may purchase ammunition from a person
15within or outside of Illinois if shipment is by United States
16mail or by a private express carrier authorized by federal law
17to ship ammunition. Any resident purchasing ammunition within
18or outside the State of Illinois must provide the seller with a
19copy of his or her valid Firearm Owner's Identification Card
20and either his or her Illinois driver's license or Illinois
21State Identification Card prior to the shipment of the
22ammunition. The ammunition may be shipped only to an address on
23either of those 2 documents.
24    (c) The provisions of this Section regarding the transfer
25of firearm ammunition shall not apply to those persons
26specified in paragraph (b) of Section 2 of this Act.

 

 

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1(Source: P.A. 97-1135, eff. 12-4-12.)
 
2    (430 ILCS 65/3.1)  (from Ch. 38, par. 83-3.1)
3    Sec. 3.1. Dial up system.
4    (a) The Department of State Police shall provide a dial up
5telephone system or utilize other existing technology which
6shall be used by any federally licensed firearm dealer, gun
7show promoter, or gun show vendor who is to transfer a firearm,
8stun gun, or taser under the provisions of this Act. The
9Department of State Police may utilize existing technology
10which allows the caller to be charged a fee not to exceed $2.
11Fees collected by the Department of State Police shall be
12deposited in the State Police Services Fund and used to provide
13the service.
14    (b) Upon receiving a request from a federally licensed
15firearm dealer, gun show promoter, or gun show vendor, the
16Department of State Police shall immediately approve, or within
17the time period established by Section 24-3 of the Criminal
18Code of 2012 1961 regarding the delivery of firearms, stun
19guns, and tasers notify the inquiring dealer, gun show
20promoter, or gun show vendor of any objection that would
21disqualify the transferee from acquiring or possessing a
22firearm, stun gun, or taser. In conducting the inquiry, the
23Department of State Police shall initiate and complete an
24automated search of its criminal history record information
25files and those of the Federal Bureau of Investigation,

 

 

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1including the National Instant Criminal Background Check
2System, and of the files of the Department of Human Services
3relating to mental health and developmental disabilities to
4obtain any felony conviction or patient hospitalization
5information which would disqualify a person from obtaining or
6require revocation of a currently valid Firearm Owner's
7Identification Card.
8    (c) If receipt of a firearm would not violate Section 24-3
9of the Criminal Code of 2012 1961, federal law, or this Act the
10Department of 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 Department of State Police for
16the purchase of a firearm are valid for 30 days from the date
17of issue.
18    (e) (1) The Department of State Police must act as the
19Illinois Point of Contact for the National Instant Criminal
20Background Check System.
21    (2) The Department of State Police and the Department of
22Human Services shall, in accordance with State and federal law
23regarding confidentiality, enter into a memorandum of
24understanding with the Federal Bureau of Investigation for the
25purpose of implementing the National Instant Criminal
26Background Check System in the State. The Department of State

 

 

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1Police shall report the name, date of birth, and physical
2description of any person prohibited from possessing a firearm
3pursuant to the Firearm Owners Identification Card Act or 18
4U.S.C. 922(g) and (n) to the National Instant Criminal
5Background Check System Index, Denied Persons Files.
6    (f) The Department of State Police shall promulgate rules
7not inconsistent with this Section to implement this system.
8    (g) The Department of State Police shall develop an
9Internet based system for individuals to request the Department
10of State Police to conduct an instant criminal background check
11prior to the sale or transfer of a handgun. The Department of
12State Police shall have the system completed and available for
13use by July 1, 2014. The Department shall adopt rules not
14inconsistent with this Section to implement this system.
15(Source: P.A. 94-6, eff. 1-1-06; 94-353, eff. 7-29-05; 95-331,
16eff. 8-21-07; 95-564, eff. 6-1-08.)