HB0794 94TH GENERAL ASSEMBLY 






 

 		











94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB0794


 
Introduced 02/02/05, by Rep. Harry Osterman
 
SYNOPSIS AS INTRODUCED:
 		















430 ILCS 65/3.5 new









    Amends the Firearm Owners
Identification Card
Act. Provides that a person, who is not a federally licensed firearm dealer,
who desires to transfer or
sell a firearm while that person is on the grounds of a gun show, must prior to
the sale or transfer of
the firearm: (1) request the Department of State Police to conduct a background
check on the
transferor and the prospective transferee of a firearm; (2) provide certain
information to the
Department; and (3) receive an approval from the Department
that, after a
background check was conducted, nothing in the records accessed by the
Department prohibits,
based on State or federal law, the purchaser from purchasing or possessing a
firearm. Provides that the Department of State Police may collect a fee to conduct the background check not to exceed $2.  Provides that
failure to comply with these requirements is a Class A misdemeanor. Provides
that failure to comply
with these requirements is a Class 2 felony if the person has 2 or more
previous convictions
for these violations.
















LRB094 09085 RLC 39313 b

















CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY


FISCAL NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











HB0794

LRB094 09085 RLC 39313 b






1
    AN ACT concerning firearms.

 
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 adding
Section
3.5 as follows:


 



6
    (430 ILCS 65/3.5 new)




7
    Sec. 3.5. Private transfers of firearms by persons 
8
attending gun shows.

9
    (a) To ensure that, prior to any sale or transfer of a 
10
firearm at a gun show
in the State of
Illinois, a background 
11
check is conducted on the transferor and the transferee
of the 
12
firearm, the
Department of State Police shall establish a 
13
system which shall be available
for requests from
individuals 
14
selling or transferring firearms at a gun show, other than a

15
federally licensed firearms
dealer, to conduct background 
16
checks under this system.

17
    The Department of State Police shall utilize technology 
18
which allows the
person
to be charged a fee
equivalent to the 
19
cost of providing the service. The fee may not exceed $2, 
20
however.  Fees collected by the
Department of State Police
shall 
21
be deposited in the State Police Services Fund and used to 
22
provide the
service.

23
    The Department of State Police shall establish a service of 
24
conducting
background checks for
individuals selling or 
25
transferring firearms at a gun show, other than a
federally 
26
licensed firearm
dealer. Gun show promoters and other 
27
interested parties shall access the
background check system

28
through a process established by the Department of State 
29
Police.

30
    Upon receiving a request from an individual selling or 
31
transferring firearms
at
a gun show, other than
a federally 
32
licensed firearm dealer, the Department of State Police shall

 


 






HB0794
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LRB094 09085 RLC 39313 b




1
provide, during the initial
transferor inquiry, an approval, 
2
denial, or conditional denial of the transfer.
The time period 
3
for the
Department to respond shall begin at the time the 
4
inquiry is received. When the
Department
provides a conditional 
5
denial, the transferor shall not transfer the firearm until
an 
6
approval is provided
by the Department. However, if any 
7
approval or denial is not provided in
accordance with Section 
8
24-3 of the Criminal Code of 1961, the transfer may proceed. 
9
Failure of
the Department to
provide an approval or denial 
10
within the prescribed length of times does not
relieve the 
11
transferor
from compliance with any other statutory 
12
restrictions on firearm transfers.
Regardless of the

13
requirements of this Section, transactions must comply with all 
14
State and
federal firearm laws.

15
    (b) Any person who is not a federally licensed firearm 
16
dealer and who desires
to transfer or sell a
firearm while that 
17
person is on the grounds of a gun show must, prior to the
sale 
18
or transfer of the
firearm:

19
        (1) Request the Department of State Police to conduct a 
20
    background check
on the
transferor and the prospective 
21
    transferee of a firearm and shall provide the
following

22
    information to the Department:

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            (A) A valid Firearm Owner's Identification Card 
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        number of the
transferor and transferee.

25
            (B) The telephone number of the transferor and 
26
        transferee.

27
            (C) The type of firearm (long gun or short gun).

28
        (2) Receive an approval from the Department of State 
29
    Police that, after a
background
check was conducted, 
30
    nothing in the records accessed by the Department shall

31
    prohibit, based on State or federal law, the purchaser from 
32
    purchasing or
possessing a
firearm.

33
    (c) From the background check under this Section, the 
34
Department of State
Police shall:

35
        (1) Determine from records and other information 
36
    available to it whether
the
recipient is disqualified under 
 


 






HB0794
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LRB094 09085 RLC 39313 b




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    State or federal laws from completing the
transfer or is

2
    otherwise prohibited by State or federal law from 
3
    purchasing or possessing a
firearm;
and

4
        (2) Notify the transferor when a recipient is 
5
    disqualified from completing
the transfer
or provide the 
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    transferor with a unique approval number indicating that 
7
    the
recipient
is qualified to complete the transfer. The 
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    unique approval number is a permit
valid
for 30 days for 
9
    the requested transfer. If the firearm is not transferred 
10
    from
the
transfer to the recipient within 30 days after 
11
    receipt of the unique approval
number, a
new request must 
12
    be made by the transferor.

13
    (d) The Department of State Police shall provide, during 
14
the initial
transferor inquiry,
an approval, denial, or 
15
conditional denial of the transfer. The time period for
the

16
Department to respond shall begin at the time the inquiry is 
17
received. When the
Department provides a conditional denial, 
18
the transferor shall not transfer the
firearm
until an approval 
19
is provided by the Department. However, if any approval or

20
denial
is not provided in accordance with Section 24-3 of
the

21
Criminal Code of 1961, the transfer may proceed. Failure of the 
22
Department to
provide an approval or denial within the 
23
prescribed length of times does not
relieve
the transferor from 
24
compliance with any other statutory restrictions on firearm

25
transfers. Regardless of the requirements of this Section, 
26
transactions must
comply with
all State and federal firearm 
27
laws.

28
    (e) A public employee or public agency incurs no criminal 
29
or civil liability
for performing the
background checks 
30
required by this Section, provided the employee or agency
acts 
31
in good faith
without malice.

32
    (f) A transferor other than a gun dealer may not transfer a 
33
firearm at a gun
show unless the
transferor:

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        (1) Requests a background check under this Section 
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    prior to completing the
transferor;

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        (2) Receives notification that the recipient is 
 


 






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1
    qualified to complete the
transfer;

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        (3) Has complied with Section 24-3 of the Criminal Code 
3
    of 1961; and

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        (4) Has the recipient complete the form described in 
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    this Section.

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    (g) The transferor shall retain the completed form referred 
7
to in subsection
(h) of this Section
for at least 10 years and 
8
shall make the completed form available to law
enforcement 
9
agencies for the
purpose of criminal investigations. A gun show 
10
promoter shall post in a
prominent place at the gun
show a 
11
notice explaining the requirements of this Section. The gun 
12
show
promoter shall provide the
form required by subsection (h) 
13
of this Section to any person transferring a
firearm at the gun 
14
show.

15
    (h) The Department of State Police shall develop a form to 
16
be completed by a
person seeking
to obtain a firearm at a gun 
17
show from a transferor other than a gun show
dealer. The 
18
Department
shall consider including in the form all of the 
19
requirements for disclosure of
information that are
required by 
20
federal law for over-the-counter firearms transactions.

21
    (i) Failure to comply with the requirement of this Section 
22
is a Class A
misdemeanor. Failure
to comply with the 
23
requirements of this Section is a Class 2 felony if the
person 
24
has 2 or more
previous convictions under this Section.

25
    (j) In this Section:

26
    "Gun show" means the entire premises provided for an event 
27
or function,
including but not
limited to parking areas for the 
28
event or function, that is sponsored to
facilitate, in whole or 
29
in part,
the purchase, sale, offer for sale, or collection of 
30
firearms at which:

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        (1) 25 or more firearms are offered or exhibited for 
32
    sale, transfer, or
exchange; or

33
        (2) not less than 3 gun show vendors exhibit, sell, 
34
    offer for sale,
transfer, or exchange
firearms.

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    "Gun show promoter" means a person who organizes or 
36
operates a gun show.

 


 






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    "Gun show vendor" means any person who exhibits, sells, 
2
offers for sale,
transfers, or
exchanges any firearms at a gun 
3
show, regardless of whether the person
arranges with a gun show

4
promoter for a fixed location from which to exhibit, sell, 
5
offer for sale,
transfer, or exchange any
firearm.

6
    (k) The Department of State Police shall adopt rules to 
7
carry out the
provisions of this
Section.