Full Text of SB0332 94th General Assembly
SB0332sam002 94TH GENERAL ASSEMBLY
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Sen. Don Harmon
Filed: 4/4/2005
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09400SB0332sam002 |
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LRB094 03395 RLC 43918 a |
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| AMENDMENT TO SENATE BILL 332
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| AMENDMENT NO. ______. Amend Senate Bill 332 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 1. Short title. This Act may be cited as the | 5 |
| Handgun Dealer
Licensing Act.
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| Section 5. Definitions. As used in this Act:
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| "Department" means the Department of State Police.
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| "Handgun dealer" means any person who is: (i) engaged in | 9 |
| the business
of selling concealable firearms at wholesale or | 10 |
| retail, (ii) engaged in the business of
repairing concealable | 11 |
| firearms or of making or fitting special barrels, stocks, or | 12 |
| trigger
mechanisms to concealable firearms, or (iii) a | 13 |
| pawnbroker whose business or occupation
includes the taking or | 14 |
| receiving, by way of pledge or pawn, of any concealable firearm | 15 |
| as
security for the payment or repayment of money.
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| "Licensed dealer" means any firearms dealer who is licensed | 17 |
| under both
this Act and Section 923 of the federal Gun Control | 18 |
| Act of 1968 (18 U.S.C.
923).
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| "Person" means an individual, firm, association, society, | 20 |
| partnership,
limited liability company, corporation, or other | 21 |
| entity.
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| "Engaged in the business" means a person who devotes time, | 23 |
| attention,
and labor to engaging in the activity as a regular | 24 |
| course of trade or business
with the principal objective of |
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| livelihood and profit, but does not include a
person who makes | 2 |
| occasional repairs of concealable firearms, or who | 3 |
| occasionally fits
special barrels, stocks, or trigger | 4 |
| mechanisms to concealable firearms.
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| "Transfer" means the actual or attempted transfer of a | 6 |
| concealable firearm or concealable firearm
ammunition, with or | 7 |
| without consideration, but does not include the lease of a
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| concealable firearm, or the provision of ammunition | 9 |
| specifically for that firearm, if the
firearm and the | 10 |
| ammunition are to be used on the lessor's premises, and does
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| not include any transfer of possession when the transferor | 12 |
| maintains
supervision and control over the concealable firearm | 13 |
| or ammunition.
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| "With the principal objective of livelihood and profit" | 15 |
| means that the
intent underlying the sale or disposition of | 16 |
| concealable firearms is predominantly one of
obtaining | 17 |
| livelihood and pecuniary gain, as opposed to other intents, | 18 |
| such as
improving or liquidating a personal firearms | 19 |
| collection; however, proof of
profit shall not be required as | 20 |
| to a person who engages in the regular and
repetitive purchase | 21 |
| and disposition of firearms for criminal purposes or
terrorism.
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| "Terrorism" means activity directed against United States | 23 |
| residents that:
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| (i) is committed by an individual who is not a national | 25 |
| or permanent
resident alien of the United States;
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| (ii) involves violent acts or acts dangerous to human | 27 |
| life that would be
a criminal violation if committed within | 28 |
| the jurisdiction of the United
States; and
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| (iii) is intended:
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| (A) to intimidate or coerce a civilian population;
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| (B) to influence the policy of a government by | 32 |
| intimidation or
coercion; or
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| (C) to affect the conduct of a government by | 34 |
| assassination or
kidnapping.
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| "Fugitive from justice" means a person who has fled from | 2 |
| any state to
avoid prosecution for a crime or to avoid giving | 3 |
| testimony in any criminal
proceeding.
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| "Firearm" has the meaning ascribed to it in Section 1.1 of | 5 |
| the Firearm
Owners Identification Card Act.
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| "Adjudicated as a disabled person" means adjudicated as a | 7 |
| disabled
person under the Probate Act of 1975 or the laws of | 8 |
| another state.
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| "Cannabis" has the meaning ascribed to it in the Cannabis | 10 |
| Control Act.
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| "Controlled substance" has the meaning ascribed to it in | 12 |
| the Illinois
Controlled Substances Act.
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| Section 10. Unlicensed concealable firearms dealer; | 14 |
| prohibition. No person may
sell or otherwise transfer, or | 15 |
| expose for sale or transfer, or have in his or
her possession | 16 |
| with intent to sell or transfer any concealable firearm without | 17 |
| being
licensed under this Act. This prohibition does not apply | 18 |
| to a person who
makes occasional sales, exchanges, or purchases | 19 |
| of concealable firearms for the
enhancement of a personal | 20 |
| collection or as a hobby or who sells all or part of
his or her | 21 |
| personal collection of firearms.
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| Section 15. License application; requirements; penalty.
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| (a) The Department may grant a handgun dealer license to an | 24 |
| applicant
who submits evidence that:
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| (1) he or she is at least 21 years of age;
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| (2) he or she, including in the case of a corporation, | 27 |
| partnership, or
association, an individual possessing, | 28 |
| directly or indirectly, the power to
direct or cause the | 29 |
| direction of the management and policies of the
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| corporation, partnership, or association:
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| (i) has not been convicted of a felony under the | 32 |
| laws of this State or another state;
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| (ii) is not a fugitive from justice;
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| (iii) is not and has not been an unlawful user of | 3 |
| or addicted to a
controlled substance or
cannabis;
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| (iv) has not been adjudicated as a disabled person | 5 |
| or committed to a
mental
institution;
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| (v) is not an alien, illegally or unlawfully, in | 7 |
| the United States;
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| (vi) has not been discharged from the Armed Forces | 9 |
| under dishonorable
conditions; or
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| (vii) is not a former citizen of the United States | 11 |
| who has renounced his
or her
citizenship; and
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| (3) he or she does not have a mental condition that
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| poses a clear and present danger to the applicant, another | 14 |
| person, or to the
community. For purposes of this | 15 |
| subdivision (3), "mental condition" means a
state of mind | 16 |
| manifested by violent, suicidal, threatening, or | 17 |
| assaultive
behavior.
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| (b) An application for a handgun dealer license must be | 19 |
| made on forms
furnished by the Department. The application must | 20 |
| be verified by the
applicant under oath and must be accompanied | 21 |
| by the required fee.
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| (c) The applicant must submit to the Department a license | 23 |
| fee of
$300, payable at the time of application, and an | 24 |
| additional
$300
payable every 3 years thereafter for so long as | 25 |
| the license is
in effect.
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| (d) The applicant must submit to fingerprinting in | 27 |
| accordance with
rules adopted by the Department and must pay a | 28 |
| fingerprint processing fee in
the amount set by the Department | 29 |
| by rule.
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| (e) A person who knowingly makes a false statement or | 31 |
| knowingly conceals
a material fact or uses false information or | 32 |
| identification in any application
for a license under this Act | 33 |
| commits a Class A misdemeanor.
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| (f) A license granted under this Act remains in effect |
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| until it is
revoked, suspended, or otherwise withdrawn by the | 2 |
| Department or until it is
surrendered by the licensee.
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| (g) The provisions of subdivision (a)(2)(ii) do not apply | 4 |
| to a person
who has been granted relief from disabilities under | 5 |
| subsection (c) of Section
925 of Title 18 of the United States | 6 |
| Code or to a licensed dealer who is
indicted for a crime who is | 7 |
| operating under an existing license if, before the
expiration | 8 |
| of the term of the existing license, timely application is made | 9 |
| for
a new license during the term of the indictment and until | 10 |
| any conviction under
the indictment becomes final.
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| Section 20. License retention; requirements. A license | 12 |
| granted under
this Act is subject to all of the following | 13 |
| requirements:
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| (1) A licensed dealer may only transact business under this | 15 |
| Act at an
address that has a zoning classification that permits | 16 |
| the operation of a
retail establishment.
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| (2) A licensed dealer may not transact business in any | 18 |
| place other than
the premises specified in his or her license, | 19 |
| except that a licensed dealer
may display, sell, or transfer | 20 |
| firearms at a gun show open to the general
public or at any | 21 |
| regular meeting of an incorporated collectors club in
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| accordance with this Act and federal law.
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| (3) A licensed dealer may not violate any provision of any | 24 |
| federal or
state law pertaining to the possession, use, sale, | 25 |
| or delivery of firearms.
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| (4) The licensed dealer must strictly adhere to the | 27 |
| provisions of all
applicable federal and state laws and local | 28 |
| ordinances and local business
license requirements.
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| (5) A separate license must be obtained for each separate | 30 |
| place of
business. Before a licensed dealer moves his or her | 31 |
| place of business, he or
she must promptly apply to the | 32 |
| Department for an amended license.
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| (6) The license, or a copy of the license certified by the |
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| Department,
must be displayed on the premises at a location | 2 |
| where it can easily be read.
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| (7) No concealable firearm may be displayed in any outer | 4 |
| window of the premises or
in any other place where it can | 5 |
| readily be seen from the outside.
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| (8) Every concealable firearm must be unloaded when | 7 |
| delivered.
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| (9) The licensee must obtain a certificate of registration | 9 |
| issued
under the Retailers' Occupation Tax Act.
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| (10) The licensee must take reasonable precautions to | 11 |
| ensure that the
concealable firearms the licensee sells will | 12 |
| not be used illegally. These precautions
include, but are not | 13 |
| limited to: (i) the refusal to sell a concealable firearm to a
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| person the licensee knows or has reason to know is purchasing | 15 |
| the firearm on
behalf of another person who could not legally | 16 |
| purchase the firearm; (ii) the
refusal to sell a concealable | 17 |
| firearm to a person who has provided a home address in a
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| municipality or county in which possession of that type of | 19 |
| concealable firearm is illegal
unless the
transferee presents | 20 |
| reasonably
satisfactory evidence that the concealable firearm | 21 |
| will not be used or possessed unlawfully
in that municipality | 22 |
| or county;
and (iii) the refusal to sell a concealable firearm | 23 |
| to a person who has provided a home
address in a municipality | 24 |
| or county that requires registration of the firearm,
unless the | 25 |
| purchaser presents satisfactory evidence of compliance with | 26 |
| the
registration requirement.
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| (11) The licensee must make available the licensee's | 28 |
| records relating to the sale of concealable firearms to any
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| officer or employee of the Department or of any unit of local | 30 |
| government in
this State
whenever the officer or employee is | 31 |
| authorized to enforce laws or ordinances
pertaining to | 32 |
| firearms; provided, however, that no officer or employee may | 33 |
| conduct any search or seizure without a warrant other than an | 34 |
| inspection of a licensee's records relating to firearms sales; |
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| and provided further that nothing in this Section shall | 2 |
| authorize any search or seizure forbidden by the United States | 3 |
| Constitution or the Illinois Constitution.
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| Section 25. Enforcement; revocation; notice. This Act must | 5 |
| be
enforced by the Department, and may be enforced, for the | 6 |
| purpose of
determining compliance with this Act, by any | 7 |
| municipality in which the
licensee is located or, if the | 8 |
| licensee is not located in a municipality, by
the county in | 9 |
| which the licensee is located. The Department, after due notice
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| to the licensee and reasonable opportunity for the licensee to | 11 |
| be heard, may
revoke a license or may suspend a license for a | 12 |
| period of time that the
Department may deem proper upon | 13 |
| satisfactory proof that the licensee has
violated or permitted | 14 |
| a violation of any requirement of this Act or is no
longer | 15 |
| eligible to obtain a license under Section 15. A person whose
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| license has been revoked by the Department is disqualified to | 17 |
| receive a
license for 10 years after the revocation. Any person | 18 |
| who has substantially
participated in the operation or | 19 |
| management of a licensee that has had its
license revoked may | 20 |
| not be employed by or participate in the business of any
other | 21 |
| licensee for 10 years after the revocation. Proceedings for | 22 |
| revocation
or suspension under this Section may be initiated by | 23 |
| the Department or by any
municipality or county.
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| Section 30. Submission to Department. A licensed dealer | 25 |
| must,
within 24 hours after making a sale or transfer of a | 26 |
| concealable firearm to a person who
is not licensed as a | 27 |
| dealer, report that sale to the Department of State
Police. The | 28 |
| report must contain the following information:
the date of the | 29 |
| sale or transfer; the identity and address of the dealer; the
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| name, address, age, and occupation of the transferee; the price | 31 |
| of the firearm;
and the kind, description and number of the | 32 |
| firearm. All records of the
reports
must be maintained by the
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| Department on a computer database capable of allowing the | 2 |
| retrieval of
information for each dealer and each transferee.
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| The computer database must also contain a listing of each | 4 |
| county or
municipality that prohibits one or more types of | 5 |
| concealable firearm, and the type or types
of concealable | 6 |
| firearms that are prohibited in that county or municipality.
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| Information in the database
must be made available to any law | 8 |
| enforcement agency responsible for the
enforcement of any | 9 |
| federal, State or local law or ordinance relating to
firearms, | 10 |
| and to any licensed dealer who requests information relating to | 11 |
| a
person who is seeking to purchase one or more firearms from | 12 |
| that dealer.
Except as specifically provided in this Section, | 13 |
| information in the database
are confidential records of the | 14 |
| Department and are not subject to
disclosure
under any other | 15 |
| law.
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| In addition to any other requirements of this Section, any | 17 |
| licensee who was
required by Section 3 of the Firearm Owners | 18 |
| Identification Card Act to keep a
record of a transfer of a | 19 |
| firearm occurring within the 24 month period
immediately | 20 |
| preceding the effective date of this Act must, no later than 30
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| days after that effective date, report those transfers to the | 22 |
| Department of
State Police. The report must contain the | 23 |
| information required to be
maintained as records under | 24 |
| subsection (b) of Section 3 of the Firearm Owners
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| Identification Card Act. The Department must include the | 26 |
| records of those
reports in the computer database required to | 27 |
| be maintained under this Section.
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| Section 35. Penalty. Any handgun dealer who sells, or who | 29 |
| possesses
with intent to sell, trade, or transfer, any firearm | 30 |
| without being licensed
under this Act is guilty of a Class 4 | 31 |
| felony.".
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