Full Text of HB1016 99th General Assembly
HB1016ham001 99TH GENERAL ASSEMBLY | Rep. Kathleen Willis Filed: 5/11/2016
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| 1 | | AMENDMENT TO HOUSE BILL 1016
| 2 | | AMENDMENT NO. ______. Amend House Bill 1016 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the Gun | 5 | | Dealer Licensing Act. | 6 | | Section 5. Definitions. As used in this Act:
| 7 | | "Address of record" means the designated address recorded | 8 | | by the Department in the applicant's, dealer's or dealership | 9 | | agent's application file or license file as maintained by the | 10 | | Department's licensure maintenance unit. It is the duty of the | 11 | | applicant or dealer to inform the Department of any change of | 12 | | address, and those changes must be made either through the | 13 | | Department's website or by contacting the Department's | 14 | | licensure maintenance unit.
| 15 | | "Applicant" means any person who applies for a dealer | 16 | | license or a dealership agent card, or the renewal of the |
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| 1 | | dealer license or a dealership agent card under this Act.
| 2 | | "Board" means the Gun Dealer Licensing Board.
| 3 | | "Confidential or security information" means information | 4 | | which identifies the purchasers or other transferees of | 5 | | firearms from a dealer or dealership.
| 6 | | "Dealer" means any person engaged in the business of | 7 | | selling, leasing, or otherwise transferring firearms.
| 8 | | "Dealership" means a person, firm, corporation, or other | 9 | | legal entity that engages in the business of selling, leasing, | 10 | | or otherwise transferring firearms and employs, in addition to | 11 | | the gun dealer licensee-in-charge, at least one other | 12 | | dealership agent.
| 13 | | "Dealership agent" means an owner, officer, paid or unpaid | 14 | | agent, volunteer or employee of a licensed dealership who has | 15 | | access to or control of firearms in the inventory of the | 16 | | dealership or confidential or security information of the | 17 | | dealership.
| 18 | | "Dealership licensee-in-charge" or "licensee-in-charge" | 19 | | means a dealer who has been designated by a dealership to be | 20 | | the licensee-in-charge of the dealership, who is a full-time | 21 | | management employee or owner who assumes sole responsibility | 22 | | for maintaining all records required by this Act, and who | 23 | | assumes sole responsibility for assuring the dealership's | 24 | | compliance with its responsibilities as stated in this Act. The | 25 | | Department shall adopt rules mandating licensee-in-charge | 26 | | participation in dealership affairs.
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| 1 | | "Department" means the Department of Financial and | 2 | | Professional Regulation.
| 3 | | "Engage in the business of selling, leasing, or otherwise | 4 | | transferring firearms" means to:
| 5 | | (1) conduct a business selling, leasing, or | 6 | | transferring firearms;
| 7 | | (2) hold himself or herself out as engaged in the | 8 | | business of selling, leasing or otherwise transferring | 9 | | firearms; or
| 10 | | (3) sell, lease, or transfer firearms in quantity, in | 11 | | series, or in any other manner indicative of trade.
| 12 | | "Firearm" has the same meaning as "firearm" in Section 1.1 | 13 | | of the Firearm Owners Identification Card Act.
| 14 | | "Licensee" means a dealer or a dealership licensed under | 15 | | this Act. Anyone who holds himself or herself out as a licensee | 16 | | or who is accused of unlicensed business is considered a | 17 | | licensee for purposes of enforcement, investigation, hearings, | 18 | | and the Illinois Administrative Procedure Act.
| 19 | | "Person" means a natural person.
| 20 | | "Secretary" means the Secretary of Financial and | 21 | | Professional Regulation.
| 22 | | Section 10. License requirement.
| 23 | | (a) It is unlawful for a person to engage in the business | 24 | | of selling, leasing, or otherwise transferring firearms | 25 | | without a license under this Act. A dealership agent other than |
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| 1 | | a dealer licensee-in-charge may act on behalf of the licensed | 2 | | dealership under Section 75 without being licensed as a dealer | 3 | | under this Act.
| 4 | | (b) It is unlawful for a person, firm, corporation, group | 5 | | of individuals, or other legal entity to act as a dealership | 6 | | licensed under this Act, to advertise, or to assume to act as a | 7 | | licensed dealership or to use a title implying that the person, | 8 | | firm, or other entity is engaged in business as a dealership | 9 | | without a license under this Act. An individual or sole | 10 | | proprietor licensed as a dealer who operates without any | 11 | | dealership agents may act as a dealership without having to | 12 | | obtain a dealership license, provided the dealer notifies the | 13 | | Department that he or she is operating in this manner and | 14 | | provides the information required under Section 65, as | 15 | | determined to be applicable to the dealer by the Department. | 16 | | The dealer may operate under a "doing business as" or assumed | 17 | | name certification so long as the assumed name is first | 18 | | registered with the Department.
| 19 | | (c) No dealership shall operate a branch office without | 20 | | first applying for and receiving a branch office license for | 21 | | each location. The term "branch office" does not include a | 22 | | location at which the dealership conducts business | 23 | | temporarily, such as at a gun show.
| 24 | | (d) It is unlawful to obtain or attempt to obtain any | 25 | | license or authorization issued under this Act by fraudulent | 26 | | misrepresentation.
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| 1 | | (e) A person who violates any provision of this Section is | 2 | | guilty of a Class A misdemeanor for a first violation, and a | 3 | | Class 4 felony for a second or subsequent violation. | 4 | | (f) In addition to any other penalty provided by law, any | 5 | | person or entity who violates any provision of this Section | 6 | | shall, pay a civil penalty to the Department in an amount not | 7 | | to exceed $10,000 for each offense as determined by the | 8 | | Department. The civil penalty shall be assessed by the | 9 | | Department after a hearing is held in accordance with the | 10 | | provisions set forth in this Act regarding the provision of a | 11 | | hearing for the discipline of a licensee.
| 12 | | (g) The Department has the authority and power to | 13 | | investigate any and all unlicensed activity.
| 14 | | (h) The civil penalty shall be paid within 60 days after | 15 | | the effective date of the order imposing the civil penalty. The | 16 | | order shall constitute a judgment and may be filed and | 17 | | execution had thereon in the same manner as any judgment from | 18 | | any court of record.
| 19 | | Section 15. Exemptions.
The provisions of this Act related | 20 | | to the licensure of dealers and dealerships do not apply to a | 21 | | person or other entity that engages in the following | 22 | | activities:
| 23 | | (1) transfers of less than 8 firearms within each calendar | 24 | | year;
| 25 | | (2) temporary transfers of firearms solely for use at the |
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| 1 | | location or on the premises where the transfer takes place, | 2 | | such as transfers at a shooting range for use at that location;
| 3 | | (3) temporary transfers of firearms solely for use while in | 4 | | the presence of the transferor, such as transfers for the | 5 | | purposes of firearm safety training by a training instructor; | 6 | | or
| 7 | | (4) transfers of firearms among immediate family or | 8 | | household members, as "immediate family or household member" is | 9 | | defined in Section 3-2.7-10 of the Unified Code of Corrections.
| 10 | | Section 20. Powers and duties of the Department. Subject to | 11 | | the provisions of this Act, the Department may exercise the | 12 | | following powers and duties:
| 13 | | (1) Prescribe forms to be issued for the administration | 14 | | and enforcement of this Act.
| 15 | | (2) Prescribe and publish rules for a method of | 16 | | examination of candidates for gun dealer licenses and for | 17 | | issuance of licenses authorizing candidates upon passing | 18 | | examination to engage in the business of selling, leasing, | 19 | | or otherwise transferring firearms.
| 20 | | (3) Review application to ascertain the qualifications | 21 | | of applicants for licenses.
| 22 | | (4) Authorize examinations to ascertain the | 23 | | qualifications and fitness of applicants for licensing as a | 24 | | dealer and pass upon the qualifications of applicants for | 25 | | licensure.
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| 1 | | (5) Examine the records of licensees or investigate any | 2 | | other aspect of the business of selling, leasing, or | 3 | | otherwise transferring firearms.
| 4 | | (6) Conduct hearings on proceedings to refuse to issue | 5 | | or renew licenses or to revoke, suspend, place on | 6 | | probation, reprimand, or take any other disciplinary or | 7 | | non-disciplinary action against licenses issued under this | 8 | | Act.
| 9 | | (7) Formulate rules required for the administration of | 10 | | this Act. Notice of proposed rulemaking shall be | 11 | | transmitted to the Board, and the Department shall review | 12 | | the Board's response and any recommendations made in the | 13 | | response.
| 14 | | (8) Solicit the advice and expert knowledge of the | 15 | | Board on any matter relating to the administration and | 16 | | enforcement of this Act.
| 17 | | (9) Maintain rosters of the names and addresses of all | 18 | | licensees and all persons whose licenses have been | 19 | | suspended, revoked, denied renewal, or otherwise | 20 | | disciplined within the previous calendar year. These | 21 | | rosters shall be available upon written request and payment | 22 | | of the required fee as established by rule.
| 23 | | (10) Exercise the powers and duties prescribed by the | 24 | | Civil Administrative Code of Illinois for the | 25 | | administration of licensing Acts.
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| 1 | | Section 25. The Gun Dealer Licensing Board.
| 2 | | (a) The Gun Dealer Licensing Board shall consist of 5 | 3 | | members to be appointed by the Secretary. Each member shall | 4 | | have a reasonable knowledge of the federal and State laws | 5 | | regarding firearms. Each member shall either be a resident of | 6 | | this State or shall certify that he or she will become a | 7 | | resident of this State before taking office. The Board shall | 8 | | consist of:
| 9 | | (1) one member with at least 5 years of service as a | 10 | | county sheriff or chief of police of a municipal police | 11 | | department within this State;
| 12 | | (2) one representative of the Department State Police | 13 | | with at least 5 years investigative experience or duties | 14 | | related to criminal justice;
| 15 | | (3) one member with at least 5 years of experience as a | 16 | | federally licensed firearms dealer in good standing within | 17 | | this State;
| 18 | | (4) one member who is a representative of an advocacy | 19 | | group for public safety; and
| 20 | | (5) one member shall be a lawyer licensed to practice | 21 | | law in this State.
The membership shall reasonably reflect | 22 | | the different geographic areas in this State.
| 23 | | (b) Members shall serve 4 year terms and may serve until | 24 | | their successors are appointed and qualified. Partial terms of | 25 | | over 2 years in length shall be considered full terms. No | 26 | | member shall serve for more than 2 successive terms. |
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| 1 | | Appointments to fill vacancies shall be made in the same manner | 2 | | as the original appointments for the unexpired portion of the | 3 | | vacated term.
| 4 | | (c) The Secretary has the authority to remove any member of | 5 | | the Board for cause at any time before the expiration of his or | 6 | | her term. The Secretary shall be the sole arbiter of cause. A | 7 | | member subject to formal disciplinary proceedings shall | 8 | | disqualify himself or herself from all Board business until the | 9 | | charge is resolved. A member also shall disqualify himself or | 10 | | herself from any matter on which the member cannot act | 11 | | objectively.
| 12 | | (d) The Board shall annually elect one of its members as | 13 | | chairperson and one of its members as vice-chair.
| 14 | | (e) Members shall receive compensation as set by law. Each | 15 | | member shall receive reimbursement as set by the Governor's | 16 | | Travel Control Board for expenses incurred in carrying out the | 17 | | duties as a Board member.
| 18 | | (f) A majority of Board members constitutes a quorum. A | 19 | | majority vote of the quorum is required for a decision. A | 20 | | vacancy in the membership of the Board shall not impair the | 21 | | right of a quorum to exercise all of the rights and perform all | 22 | | of the duties of the Board.
| 23 | | (g) The Board may recommend policies, procedures, and rules | 24 | | relevant to the administration and enforcement of this Act.
| 25 | | Section 30. Application for license; forms.
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| 1 | | (a) Each license application shall be on forms provided by | 2 | | the Department.
| 3 | | (b) Every application for an original dealer license shall | 4 | | include the applicant's social security number, which shall be | 5 | | retained in the dealership's records pertaining to the license. | 6 | | As soon as practical, the Department shall assign a customer's | 7 | | identification number to each applicant for a license.
| 8 | | Every application for a renewal or restored license shall | 9 | | require the applicant's customer identification number.
| 10 | | Section 35. Issuance of license; renewal; fees.
| 11 | | (a) The Department shall, upon the applicant's | 12 | | satisfactory completion of the requirements set forth in this | 13 | | Act and upon receipt of the fee, issue the license indicating | 14 | | the name and business location of the licensee and the date of | 15 | | expiration.
| 16 | | (b) The expiration date, renewal period, and conditions for | 17 | | renewal and restoration of each license or dealership agent | 18 | | card shall be set by rule. The holder may renew the license or | 19 | | dealership agent card during the 30 days preceding its | 20 | | expiration by paying the required fee and by meeting conditions | 21 | | that the Department may specify. As a condition of renewal of a | 22 | | dealership agent card, the dealership shall verify the | 23 | | continued validity of a dealership agent's Firearm Owner's | 24 | | Identification Card through the Department of State Police in a | 25 | | manner prescribed by rule by the Department of State Police. As |
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| 1 | | a condition of renewal of a dealer's license, the Department | 2 | | shall verify the validity of the applicant's Firearm Owner's | 3 | | Identification Card through the Department of State Police in a | 4 | | manner prescribed by rule by the Department of State Police. A | 5 | | dealership or dealer operating on an expired license is | 6 | | considered to be practicing without a license.
| 7 | | (c) A dealership that has permitted a license to expire may | 8 | | have it restored by submitting an application to the | 9 | | Department, successfully completing an inspection by the | 10 | | Department, and by paying the required restoration fee and all | 11 | | lapsed renewal fees. | 12 | | (d) A dealer that has permitted a license to expire may | 13 | | have it restored by submitting an application to the | 14 | | Department, paying the required restoration fee and all lapsed | 15 | | renewal fees and by providing evidence of competence to resume | 16 | | practice satisfactory to the Department and the Board, which | 17 | | shall include verification of the continued validity of the | 18 | | license holder's Firearm Owner's Identification Card through | 19 | | the Department of State Police in a manner prescribed by rule | 20 | | by the Department of State Police, and may include passing a | 21 | | written examination.
| 22 | | (e) A dealership agent that has permitted a dealership | 23 | | agent card to expire may have it restored by submitting an | 24 | | application to the Department, paying the lapsed renewal fees | 25 | | and verification of the agent's Firearm Owner's Identification | 26 | | Card by the dealership through the Department of State Police |
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| 1 | | in a manner prescribed by rule by the Department of State | 2 | | Police.
| 3 | | (f) Any dealer or dealership agent whose license or | 4 | | dealership agent card has expired while he or she has been | 5 | | engaged (1) in the federal service in active duty with the Army | 6 | | of the United States, the United States Navy, the Marine Corps, | 7 | | the Air Force, the Coast Guard, or the State Militia called | 8 | | into the service or training of the United States of America, | 9 | | or (2) in training or education under the supervision of the | 10 | | United States preliminary to induction into the military | 11 | | service, may have his or her license restored without paying | 12 | | any lapsed renewal fees or restoration fee, if within 2 years | 13 | | after termination of that service, training or education, other | 14 | | than by dishonorable discharge, he or she furnishes the | 15 | | Department with an affidavit to the effect that he or she has | 16 | | been so engaged and that his or her service, training or | 17 | | education has been so terminated.
| 18 | | (g) Any person seeking renewal or restoration under this | 19 | | Section shall be subject to the continuing education | 20 | | requirements established under Section 45 of this Act.
| 21 | | (h) A license or dealership agent card shall not be denied | 22 | | any applicant because of the race, religion, creed, national | 23 | | origin, political beliefs or activities, age, sex, sexual | 24 | | orientation, or physical disability that does not affect a | 25 | | person's ability to practice with reasonable judgment, skill, | 26 | | or safety.
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| 1 | | Section 40. Continuing education. The Department may adopt | 2 | | rules of continuing education for persons licensed under this | 3 | | Act. The Department shall consider the recommendations of the | 4 | | Board in establishing guidelines for the continuing education | 5 | | requirements. | 6 | | Section 45. Examination of applicants; forfeiture of fee.
| 7 | | (a) Applicants for licensure as a dealer shall be examined | 8 | | as provided by this Section if they are qualified to be | 9 | | examined under this Act. All applicants taking the examination | 10 | | shall be evaluated using the same standards as others who are | 11 | | examined for the respective license.
| 12 | | (b) Examinations for licensure shall be held at such time | 13 | | and place as the Department may determine, but shall be held at | 14 | | least twice a year.
| 15 | | (c) Examinations shall test the amount of knowledge and | 16 | | skill needed to perform the duties set forth in this Act and | 17 | | comply with other provisions of federal and State law | 18 | | applicable to the sale and transfer of firearms. The Department | 19 | | may contract with a testing service for the preparation and | 20 | | conduct of the examination.
| 21 | | (d) If an applicant neglects, fails, or refuses to take an | 22 | | examination within one year after filing an application, the | 23 | | fee shall be forfeited. However, an applicant may, after the | 24 | | one-year period, make a new application for examination, |
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| 1 | | accompanied by the required fee. If an applicant fails to pass | 2 | | the examination within 3 years after filing an application, the | 3 | | application shall be denied. An applicant may make a new | 4 | | application after the 3-year period.
| 5 | | (e) This Section does not apply to an applicant who was | 6 | | properly licensed as a firearms dealer under Section 923 of the | 7 | | federal Gun Control Act of 1968 (18 U.S.C. 923) on February 10, | 8 | | 2016 in operation in this State.
| 9 | | Section 50. Qualifications for licensure as a dealer.
| 10 | | (a) A person is qualified for licensure as a dealer if he | 11 | | or she meets all of the following requirements:
| 12 | | (1) is at least 21 years of age;
| 13 | | (2) has a currently valid Firearm Owner's | 14 | | Identification Card. The Department shall verify the | 15 | | validity of the applicant's Firearm Owner's Identification | 16 | | Card through the Department of State Police in a manner | 17 | | prescribed by rule by the Department of State Police. The | 18 | | Department of State Police shall provide the Department | 19 | | with an approval number if the Firearm Owner's | 20 | | Identification Card is currently valid;
| 21 | | (3) has not had a license or permit to sell, lease, | 22 | | transfer, purchase, or possess firearms from the federal | 23 | | government or the government of any state or subdivision of | 24 | | any state revoked or suspended for good cause within the | 25 | | preceding 3 years, or been terminated from employment with |
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| 1 | | a licensee or former licensee for good cause within the | 2 | | preceding 3 years;
| 3 | | (4) has a minimum of one year of experience, with a | 4 | | minimum of 100 hours per year, during the 5 years | 5 | | immediately preceding the application:
(i) as a dealership | 6 | | agent under this Act; or
(ii) as a federal firearms dealer | 7 | | licensed under Section 923 of the federal Gun Control Act | 8 | | of 1968 (18 U.S.C. 923) or an employee of the business who | 9 | | had access to firearms;
| 10 | | (5) has passed an examination authorized by the | 11 | | Department; and
| 12 | | (6) has paid the fees required by this Act.
| 13 | | (b) The Department may request a personal interview of an | 14 | | applicant before the Board to further evaluate his or her | 15 | | qualifications for a license.
| 16 | | Section 55. Qualifications for licensure as a dealership.
| 17 | | (a) Upon receipt of the required fee and the information | 18 | | listed in subsection (b) of this Section, the Department shall | 19 | | issue a license as a dealership to any of the following:
| 20 | | (1) An individual who submits an application and is a | 21 | | licensed dealer under this Act.
| 22 | | (2) A firm that submits an application and all of the | 23 | | members of the firm are licensed dealers under this Act.
| 24 | | (3) A corporation or limited liability company doing | 25 | | business in this State that is authorized by its articles |
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| 1 | | of incorporation or organization to engage in the business | 2 | | of conducting a dealership if at least one executive | 3 | | employee is licensed as a dealer under this Act.
| 4 | | (b) The Department shall require all of the following | 5 | | information from each applicant for licensure as a dealership | 6 | | under this Act:
| 7 | | (1) The name, full business address, and telephone | 8 | | number of the dealership. The business address for the | 9 | | dealership shall be the complete street address where | 10 | | firearms in the inventory of the dealership are regularly | 11 | | stored, shall be located within the State, and may not be a | 12 | | P.O. Box. The applicant shall submit proof that the | 13 | | business location is or will be used to conduct the | 14 | | dealership's business.
| 15 | | (2) All trade or business names used by the licensee.
| 16 | | (3) The type of ownership or operation, such as a | 17 | | partnership, corporation, or sole proprietorship.
| 18 | | (4) The name of the owner or operator of the | 19 | | dealership, including:
| 20 | | (A) if a person, then the name and address of | 21 | | record of the person;
| 22 | | (B) if a partnership, then the name and address of | 23 | | record of each partner and the name of the partnership;
| 24 | | (C) if a corporation, then the name, address of | 25 | | record, and title of each corporate officer and | 26 | | director, the corporate names, and the name of the |
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| 1 | | state of incorporation; and
| 2 | | (D) if a sole proprietorship, then the full name | 3 | | and address of record of the sole proprietor and the | 4 | | name of the business entity.
| 5 | | (5) The name and license number of the | 6 | | licensee-in-charge for the dealership.
| 7 | | (6) Proof that the applicant has applied for or | 8 | | received a certificate of registration under the | 9 | | Retailers' Occupation Tax Act.
| 10 | | (7) Written confirmation from the sheriff of the county | 11 | | in which the business address is located, stating that, to | 12 | | the best of the sheriff's knowledge, the applicant is in | 13 | | compliance with applicable federal, State, and local laws. | 14 | | A municipality or county may impose additional | 15 | | requirements for the operation of gun dealers and | 16 | | dealerships beyond the requirements of this Act and | 17 | | consistent with the United States Constitution and the | 18 | | Constitution of the State of Illinois, including local | 19 | | license requirements. It shall be the duty of local | 20 | | authorities to investigate and enforce any failure of a | 21 | | dealer or dealership to meet these requirements and to | 22 | | notify the Department of these investigations and | 23 | | enforcement actions. This paragraph (7) supersedes Section | 24 | | 13.1 of the Firearm Owners Identification Card Act and | 25 | | Section 90 of the Firearm Concealed Carry Act as applied to | 26 | | the local regulation of dealers and dealerships.
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| 1 | | (8) Proof that the dealership is properly licensed as a | 2 | | firearms dealer under federal law.
| 3 | | (9) A final inspection report demonstrating that the | 4 | | Department has determined upon inspection that the | 5 | | proposed business premises comply with Section 70.
| 6 | | (c) No dealer may be the licensee-in-charge for more than | 7 | | one dealership. Upon written request by a representative of a | 8 | | dealership, within 10 days after the loss of a | 9 | | licensee-in-charge of a dealership because of the death of that | 10 | | individual or because of the termination of the employment of | 11 | | that individual, the Department shall issue a temporary | 12 | | certificate of authority allowing the continuing operation of | 13 | | the licensed dealership. No temporary certificate of authority | 14 | | shall be valid for more than 90 days. An extension of an | 15 | | additional 90 days may be granted upon written request by the | 16 | | representative of the dealership. Not more than 2 extensions | 17 | | may be granted to any dealership. No temporary permit shall be | 18 | | issued for loss of the licensee-in-charge because of | 19 | | disciplinary action by the Department related to his or her | 20 | | conduct on behalf of the dealership.
| 21 | | (d) The Department may request a personal interview of a | 22 | | gun dealership licensee-in-charge to evaluate the dealership's | 23 | | qualifications for a license.
| 24 | | Section 60. Training of dealership agents.
The Department | 25 | | shall adopt rules requiring dealership agents to undergo |
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| 1 | | training regarding legal requirements and responsible business | 2 | | practices as applicable to the sale or transfer of firearms. | 3 | | Before a dealership agent has unsupervised access to or control | 4 | | over firearms in the dealership's inventory or confidential or | 5 | | security information, the dealership shall ensure that the | 6 | | dealership agent receives the training that the Department may | 7 | | require.
| 8 | | Section 65. Display of license. Each licensee shall | 9 | | prominently display his or her individual, agency, or branch | 10 | | office license at each place where business is being conducted, | 11 | | as required under this Act. A licensee-in-charge is required to | 12 | | post his or her license only at the dealership office. | 13 | | Section 70. Requirements; prohibitions.
| 14 | | (a) The Department of Financial and Professional | 15 | | Regulation shall implement the provisions of this Section by | 16 | | rule.
| 17 | | (b) A licensee shall maintain operating documents which | 18 | | shall include procedures for the oversight of the licensee and | 19 | | procedures to ensure accurate recordkeeping.
| 20 | | (c) By January 1, 2018, a licensee shall implement | 21 | | appropriate security measures, as provided by rule, to deter | 22 | | and prevent the theft of firearms and unauthorized entrance | 23 | | into areas containing firearms. The rules may provide for:
| 24 | | (1) the manner of securing firearms when the location |
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| 1 | | is both open and closed for business;
| 2 | | (2) alarm systems for licensees; and
| 3 | | (3) other reasonable requirements to deter illegal | 4 | | sales and reduce the risk of burglaries and other crimes or | 5 | | accidents at licensees' business establishments.
| 6 | | (d) The licensed business location shall be equipped with a | 7 | | video surveillance system sufficient to monitor the critical | 8 | | areas of the business premises, including, but not limited to, | 9 | | all places where firearms are stored, handled, sold, | 10 | | transferred, or carried. The video surveillance system shall | 11 | | operate without interruption, whenever the licensee is open for | 12 | | business. Whenever the licensee is not open for business, the | 13 | | system shall be triggered by a motion detector and begin | 14 | | recording immediately upon detection of any motion within the | 15 | | monitored area. In addition, every sale or transfer of a | 16 | | firearm, including sales and transfers that take place at | 17 | | locations other than the business premises, shall be recorded | 18 | | by the video surveillance system in a way that the facial | 19 | | features of the purchaser or transferee are clearly visible. | 20 | | The stored images shall be maintained on the business premises | 21 | | of the licensee for a period of not less than one year from the | 22 | | date of recordation and shall only be available for inspection | 23 | | on the premises by the licensee, the licensee's dealership | 24 | | agents, the Department and federal, State, and local law | 25 | | enforcement upon request, and neither the stored images nor | 26 | | copies, records, or reproductions of the stored images shall |
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| 1 | | leave the custody of the licensee except under a court order, | 2 | | subpoena, or search warrant. The licensee shall post a sign in | 3 | | a conspicuous place at each entrance to the premises that | 4 | | states in block letters not less than one inch in height:
| 5 | | THESE PREMISES ARE UNDER VIDEO SURVEILLANCE. YOUR | 6 | | IMAGE MAY BE RECORDED.
| 7 | | (e) The area where the licensee stores firearms that are | 8 | | inventory of the licensee shall only be accessed by dealership | 9 | | agents, Department of Financial and Professional Regulation | 10 | | staff performing inspections, law enforcement or other | 11 | | emergency personnel, and contractors working on jobs unrelated | 12 | | to firearms, such as installing or maintaining security devices | 13 | | or performing electrical wiring.
| 14 | | (f) A licensee shall operate its business and conduct all | 15 | | sales and transfers of firearms or in compliance with all | 16 | | federal and State laws, and maintain all records as required by | 17 | | federal and State laws.
| 18 | | (g) A licensee shall not allow any person to handle | 19 | | firearms while intoxicated.
| 20 | | (h) A licensee shall post in a conspicuous position on the | 21 | | premises where the licensee conducts business a sign that | 22 | | contains the following warning in block letters not less than | 23 | | one inch in height:
| 24 | | "With few exceptions, it is unlawful for you to:
| 25 | | (1) store or leave an unsecured firearm in a place | 26 | | where a child can obtain access to it,
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| 1 | | (2) sell or transfer your firearm to someone else | 2 | | without receiving approval for the transfer from the | 3 | | Department of State Police, or
| 4 | | (3) fail to report the loss or theft of your | 5 | | firearm to local law enforcement within 72 hours."
| 6 | | A licensee shall post any additional warnings or provide | 7 | | any other information regarding firearms laws and the safe | 8 | | storage of firearms to consumers as required by the Department | 9 | | by rule.
| 10 | | (i) Before issuance, renewal, or restoration of a | 11 | | dealership license, the Department shall inspect the premises | 12 | | of the proposed business to ensure compliance with this Act. | 13 | | Licensees shall have their places of business open for | 14 | | inspection by the Department and law enforcement during all | 15 | | hours of operation. Licensees shall make all records, | 16 | | documents, and firearms accessible for inspection upon the | 17 | | request of law enforcement and the Department.
| 18 | | (j) The premises where the licensee conducts business shall | 19 | | not be located in any district or area that is within 1,000 | 20 | | feet of any school, pre-school, or day-care facility, except | 21 | | that the premises where a licensee conducts business may be | 22 | | located in an area that is between 500 and 1,000 feet of a | 23 | | school, pre-school, or day-care facility located in a | 24 | | municipality with more than 1,000,000 inhabitants. This | 25 | | subsection (j) does not apply to a licensee whose business | 26 | | existed in that location on the effective date of this Act, and |
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| 1 | | does not limit the authority of a local government to impose | 2 | | and enforce additional limits on the location of a business | 3 | | regulated under this Act.
| 4 | | Section 75. Dealership agent requirements. All dealership | 5 | | agents shall apply for a dealership agent card. The holder of a | 6 | | dealership license issued under this Act, known in this Section | 7 | | as "employer", may employ in the conduct of his or her business | 8 | | dealership agents under the following provisions:
| 9 | | (a) No person shall be issued a dealership agent card who:
| 10 | | (1) is younger than 21 years of age;
| 11 | | (2) does not have a valid Firearm Owner's | 12 | | Identification Card; or
| 13 | | (3) has had a license or dealership agent card denied, | 14 | | suspended, or revoked under this Act: (i) within one year | 15 | | before the date the person's application for a dealership | 16 | | agent card is received by the Department; and (ii) that | 17 | | refusal, denial, suspension, or revocation was based on any | 18 | | provision of this Act.
| 19 | | (b) No person may act as a dealership agent under this | 20 | | Section until he or she has executed and furnished to the | 21 | | employer, on forms furnished by the Department, a verified | 22 | | statement to be known as "Dealership Agent's Statement" setting | 23 | | forth:
| 24 | | (1) The person's full name, age, and residence address.
| 25 | | (2) That the person has not had a license or dealership |
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| 1 | | agent card denied, revoked, or suspended under this Act: | 2 | | (i) within one year before the date the person's | 3 | | application for dealership agent card is received by the | 4 | | Department; and (ii) that refusal, denial, suspension, or | 5 | | revocation was based on any provision of this Act.
| 6 | | (3) That the person will notify the dealership and the | 7 | | Department immediately if his or her Firearm Owner's | 8 | | Identification Card is revoked for any reason.
| 9 | | (4) That the person will not divert firearms in | 10 | | violation of the law.
| 11 | | (c) Each applicant for a dealership agent card shall have | 12 | | the validity of his or her Firearm Owner's Identification Card | 13 | | confirmed by the employer through the Department of State | 14 | | Police in a manner prescribed by rule by the Department of | 15 | | State Police. The Department of State Police shall provide the | 16 | | employer with an approval number if the Firearm Owner's | 17 | | Identification Card is currently valid.
| 18 | | (d) The Department shall issue a dealership agent card, in | 19 | | a form the Department prescribes, to all qualified applicants. | 20 | | The holder of a dealership agent card shall carry the card at | 21 | | all times while actually engaged in the performance of the | 22 | | duties of his or her employment. Expiration and requirements | 23 | | for renewal of dealership agent cards shall be established by | 24 | | rule of the Department.
| 25 | | (e) Each employer shall maintain a record of each | 26 | | dealership agent that is accessible to the Department. The |
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| 1 | | record shall contain the following information:
| 2 | | (1) The Dealership Agent's Statement specified in | 3 | | subsection (b) of this Section.
| 4 | | (2) A copy of the dealership agent's Firearm Owner's | 5 | | Identification Card.
| 6 | | (3) A copy of the dealership agent's dealership agent | 7 | | card.
| 8 | | The Department may, by rule, prescribe further record | 9 | | requirements.
| 10 | | (f) Every employer shall maintain a separate roster of the | 11 | | names of all dealership agents and submit the roster to the | 12 | | Department on request.
| 13 | | (g) No dealership may employ any person to perform a | 14 | | licensed activity under this Act unless the person possesses a | 15 | | valid dealership agent card or a valid license under this Act, | 16 | | or is exempt under subsection (j) of this Section.
| 17 | | (h) Notwithstanding the provisions of subsection (g) of | 18 | | this Section, a dealership may employ a person in a temporary | 19 | | capacity if all of the following conditions are met:
| 20 | | (1) The dealership completes in its entirety and | 21 | | submits to the Department an application for a dealership | 22 | | agent card, including the required approval number from the | 23 | | Department of State Police.
| 24 | | (2) The dealership exercises due diligence to ensure | 25 | | that the person is qualified under the requirements of the | 26 | | Act to be issued a dealership agent card.
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| 1 | | (3) The dealership maintains a separate roster of the | 2 | | names of all dealership agents whose applications are | 3 | | currently pending with the Department and submits the | 4 | | roster to the Department upon request. Rosters are to be | 5 | | maintained by the dealership for a period of at least 24 | 6 | | months.
| 7 | | (4) A dealership may allow a dealership agent applicant | 8 | | access to firearms if it either submitted a dealership | 9 | | agent application and all required forms and fees for that | 10 | | dealership agent applicant or it confirms with the | 11 | | Department that a dealership agent application and all | 12 | | required forms and fees have been submitted by another | 13 | | dealership, licensee or the dealership agent and all other | 14 | | requirements of this Section are met.
| 15 | | (5) A dealership may not employ a person as a | 16 | | dealership agent in a temporary capacity if it knows or | 17 | | reasonably should have known that the person does not have | 18 | | a valid Firearm Owner's Identification Card.
The | 19 | | Department may adopt rules to implement this subsection | 20 | | (h).
| 21 | | (i) If information is discovered affecting the validity of | 22 | | the Firearm Owner's Identification Card or dealership agent | 23 | | card of a dealership agent or applicant for a dealership agent | 24 | | card, the Department shall so notify the dealership that | 25 | | submitted the application on behalf of that person.
| 26 | | (j) Peace officers shall be exempt from the requirements of |
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| 1 | | this Section relating to dealership agent cards. The dealership | 2 | | shall remain responsible for any peace officer employed under | 3 | | this exemption, regardless of whether the peace officer is | 4 | | compensated as an employee or as an independent contractor and | 5 | | as further defined by rule.
| 6 | | (k) Persons who have no unsupervised access to firearms in | 7 | | the inventory of a dealership or confidential or security | 8 | | information are exempt from the requirements of a dealership | 9 | | agent.
| 10 | | Section 80. Employment requirement.
| 11 | | (a) The holder of a dealership agent card is prohibited | 12 | | from performing the activities of dealer or dealership without | 13 | | being employed by a dealership licensed under this Act.
| 14 | | (b) A dealership licensed under this Act is prohibited from | 15 | | evading or attempting to evade the requirements for dealership | 16 | | agent cards under this Act by engaging a contractor or | 17 | | independent contractor to perform the activities of a dealer or | 18 | | dealership agent, unless that person is licensed under this | 19 | | Act.
| 20 | | Section 85. Disciplinary sanctions.
| 21 | | (a) The Department may deny issuance, refuse to renew, or | 22 | | restore or may reprimand, place on probation, suspend, revoke, | 23 | | or take other disciplinary or non-disciplinary action against | 24 | | any license or dealership agent card, may impose a fine not to |
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| 1 | | exceed $10,000 for each violation, and may assess costs as | 2 | | provided for under Section 135, for any of the following, | 3 | | consistent with the Protection of Lawful Commerce in Arms Act, | 4 | | 15 U.S.C. 7901 through 7903 or amendments thereto:
| 5 | | (1) Material misstatement in furnishing information to | 6 | | the Department or to any other State or federal agency.
| 7 | | (2) Violations of this Act, any of the rules adopted | 8 | | under this Act, or any law applicable to the sale or | 9 | | transfer of firearms.
| 10 | | (3) Making any misrepresentation for the purpose of | 11 | | obtaining licenses or cards.
| 12 | | (4) A pattern of practice or other behavior which | 13 | | demonstrates incapacity or incompetency to practice under | 14 | | this Act.
| 15 | | (5) Aiding or assisting another person in violating any | 16 | | provision of this Act or rules adopted under this Act.
| 17 | | (6) Failing, within 60 days, to provide information in | 18 | | response to a written request made by the Department.
| 19 | | (7) Conviction of or plea of guilty or plea of nolo | 20 | | contendere to any crime that disqualifies the person from | 21 | | obtaining a valid Firearm Owner's Identification Card.
| 22 | | (8) Continued practice, although the person has become | 23 | | unfit to practice due to any of the following:
| 24 | | (A) Physical illness, mental illness, or other | 25 | | impairment, including, but not limited to, | 26 | | deterioration through the aging process or loss of |
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| 1 | | motor skills that results in the inability to serve the | 2 | | public with reasonable judgment, skill, or safety.
| 3 | | (B) Any circumstance that disqualifies the person | 4 | | from obtaining a valid Firearm Owner's Identification | 5 | | Card.
| 6 | | (C) Habitual or excessive use or abuse of drugs | 7 | | defined in law as controlled substances, alcohol, or | 8 | | any other substance that results in the inability to | 9 | | practice with reasonable judgment, skill, or safety.
| 10 | | (9) Receiving, directly or indirectly, compensation | 11 | | for any firearms sold or transferred illegally.
| 12 | | (10) Discipline by another United States jurisdiction, | 13 | | foreign nation, or governmental agency, if at least one of | 14 | | the grounds for the discipline is the same or substantially | 15 | | equivalent to those set forth in this Act.
| 16 | | (11) Giving differential treatment to a person that is | 17 | | to that person's detriment because of race, color, creed, | 18 | | sex, sexual orientation, religion, or national origin.
| 19 | | (12) Violation of any disciplinary order imposed on a | 20 | | licensee by the Department.
| 21 | | (13) Conducting a dealership without a valid license.
| 22 | | (14) Revealing confidential or security information, | 23 | | except as specifically authorized by law, including but not | 24 | | limited to information about purchasers and transferees of | 25 | | firearms, provided that a licensee or dealership agent may | 26 | | disclose this information under a court order, subpoena, or |
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| 1 | | search warrant or to the Department or federal, State, or | 2 | | local law enforcement agencies upon request.
| 3 | | (15) Purporting to be a licensee-in-charge of an agency | 4 | | without active participation in the agency.
| 5 | | (16) A finding by the Department that the licensee, | 6 | | after having his or her license placed on probationary | 7 | | status, has violated the terms of probation.
| 8 | | (17) Failure to report in writing to the Department, | 9 | | within 60 days of an entry of a settlement or a verdict in | 10 | | excess of $10,000, any legal action in which the business | 11 | | of the dealer, dealership, or dealership agent was the | 12 | | subject of the legal action.
| 13 | | (b) All fines imposed under this Section shall be paid | 14 | | within 60 days after the effective date of the order imposing | 15 | | the fine.
| 16 | | Section 90. Suspension or revocation of dealership agent | 17 | | card.
| 18 | | (a) Dealership agents issued dealership agent cards under | 19 | | the provisions of Section 75 of this Act shall be subject to | 20 | | the disciplinary sanctions of this Act and shall otherwise | 21 | | comply with this Act and the rules adopted under it. | 22 | | Notwithstanding any other provision in this Act to the | 23 | | contrary, dealership agents shall not be responsible for | 24 | | compliance with any requirement that this Act assigns to the | 25 | | dealership or the licensee-in-charge regardless of the agent's |
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| 1 | | job title, job duties, or position in the dealership. The | 2 | | procedures for disciplining a licensee shall also apply in | 3 | | taking action against a dealership agent.
| 4 | | (b) The revocation of a dealer's or dealership agent's | 5 | | Firearm Owner's Identification Card operates as an automatic | 6 | | suspension of the dealer license or dealership agent card. The | 7 | | suspension will end only upon the issuance by the Department of | 8 | | State Police of a new Firearm Owner's Identification Card to | 9 | | the dealer or dealership agent. | 10 | | Section 95. Returned checks; fines. Any person who delivers | 11 | | a check or other payment to the Department that is returned to | 12 | | the Department unpaid by the financial institution upon which | 13 | | it is drawn shall pay to the Department, in addition to the | 14 | | amount already owed to the Department, a fine of $50. The fines | 15 | | imposed by this Section are in addition to any other discipline | 16 | | provided under this Act for unlicensed business or business on | 17 | | a nonrenewed license. The Department shall notify the person | 18 | | that payment of fees and fines shall be paid to the Department | 19 | | by certified check or money order within 30 calendar days of | 20 | | the notification. If, after the expiration of 30 days from the | 21 | | date of the notification, the person has failed to submit the | 22 | | necessary remittance, the Department shall automatically | 23 | | terminate the license or card or deny the application, without | 24 | | hearing. If, after termination or denial, the person seeks a | 25 | | license or card, he or she shall apply to the Department for |
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| 1 | | restoration or issuance of the license or card and pay all fees | 2 | | and fines due to the Department. The Department may establish a | 3 | | fee for the processing of an application for restoration of a | 4 | | license or card to pay all expenses of processing this | 5 | | application. The Secretary may waive the fines due under this | 6 | | Section in individual cases if the Secretary finds that the | 7 | | fines would be unreasonable or unnecessarily burdensome. | 8 | | Section 100. Statute of limitations. No action may be taken | 9 | | under this Act against a person or entity licensed under this | 10 | | Act unless the action is commenced within 5 years after the | 11 | | occurrence of the alleged violations. A continuing violation | 12 | | shall be deemed to have occurred on the date when the | 13 | | circumstances last existed that give rise to the alleged | 14 | | violation. | 15 | | Section 105. Complaints; investigations; hearings.
| 16 | | (a) The Department may investigate the actions of any | 17 | | applicant or of any person or persons holding or claiming to | 18 | | hold a license or registration under this Act.
| 19 | | (b) The Department shall, before disciplining a licensee | 20 | | under Section 115 or refusing to issue or license, at least 30 | 21 | | days before the date set for the hearing, (i) notify the | 22 | | accused in writing of the charges made and the time and place | 23 | | for the hearing on the charges, (ii) direct him or her to file | 24 | | a written answer to the charges under oath within 20 days after |
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| 1 | | service, and (iii) inform the applicant or licensee that | 2 | | failure to answer will result in a default being entered | 3 | | against the applicant or licensee.
| 4 | | (c) At the time and place fixed in the notice, the Board or | 5 | | the hearing officer appointed by the Secretary shall proceed to | 6 | | hear the charges, and the parties or their counsel shall be | 7 | | accorded ample opportunity to present any pertinent | 8 | | statements, testimony, evidence, and arguments. The Board or | 9 | | hearing officer may continue the hearing from time to time. In | 10 | | case the person, after receiving the notice, fails to file an | 11 | | answer, his or her license may, in the discretion of the | 12 | | Secretary, having first received the recommendation of the | 13 | | Board, be suspended, revoked, or placed on probationary status, | 14 | | or be subject to whatever disciplinary action the Secretary | 15 | | considers proper, including limiting the scope, nature, or | 16 | | extent of the person's business or the imposition of a fine, | 17 | | without hearing, if the act or acts charged constitute | 18 | | sufficient grounds for that action under this Act.
| 19 | | (d) The written notice and any notice in the subsequent | 20 | | proceeding may be served by certified mail to the licensee's | 21 | | address of record.
| 22 | | (e) The Secretary has the authority to appoint any attorney | 23 | | licensed to practice law in this State to serve as the hearing | 24 | | officer in any action for refusal to issue, restore, or renew a | 25 | | license or to discipline a licensee. The hearing officer has | 26 | | full authority to conduct the hearing.
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| 1 | | Section 110. Hearing; rehearing.
| 2 | | (a) The Board or the hearing officer authorized by the | 3 | | Department shall hear evidence in support of the formal charges | 4 | | and evidence produced by the licensee. At the conclusion of the | 5 | | hearing, the Board shall present to the Secretary a written | 6 | | report of its findings of fact, conclusions of law, and | 7 | | recommendations. The report shall contain a finding of whether | 8 | | the accused person violated this Act or failed to comply with | 9 | | the conditions required in this Act. The Board shall specify | 10 | | the nature of the violation or failure to comply and shall make | 11 | | its recommendation to the Secretary.
| 12 | | (b) At the conclusion of the hearing, a copy of the Board | 13 | | or hearing officer's report shall be served upon the applicant | 14 | | or licensee by the Department, either personally or as provided | 15 | | in this Act for the service of a notice of hearing. Within 20 | 16 | | calendar days after service, the applicant or licensee may | 17 | | present to the Department a motion in writing for a rehearing, | 18 | | which shall specify the particular grounds for rehearing. The | 19 | | Department may respond to the motion for rehearing within 20 | 20 | | calendar days after its service on the Department. If no motion | 21 | | for rehearing is filed, then upon the expiration of the time | 22 | | specified for filing such a motion, or upon denial of a motion | 23 | | for rehearing, the Secretary may enter an order in accordance | 24 | | with the recommendations of the Board or hearing officer. If | 25 | | the applicant or licensee orders from the reporting service and |
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| 1 | | pays for a transcript of the record within the time for filing | 2 | | a motion for rehearing, the 20-day period within which a motion | 3 | | may be filed shall commence upon the delivery of the transcript | 4 | | to the applicant or licensee.
| 5 | | (c) If the Secretary disagrees in any regard with the | 6 | | report of the Board, the Secretary may issue an order contrary | 7 | | to the report. The finding is not admissible in evidence | 8 | | against the person in a criminal prosecution brought for the | 9 | | violation of this Act, but the hearing and findings are not a | 10 | | bar to a criminal prosecution for the violation of this Act.
| 11 | | (d) Whenever the Secretary is not satisfied that | 12 | | substantial justice has been done, the Secretary may order a | 13 | | rehearing by the same or another hearing officer.
| 14 | | (e) All proceedings under this Section are matters of | 15 | | public record and shall be preserved.
| 16 | | (f) Upon the suspension or revocation of a license, the | 17 | | licensee shall surrender the license to the Department and, | 18 | | upon failure to do so, the Department shall seize the same.
| 19 | | Section 115. Summary suspension of a license. The Secretary | 20 | | may summarily suspend a license without a hearing, | 21 | | simultaneously with the initiation of the procedure for a | 22 | | hearing provided for in this Act, if the Secretary finds that | 23 | | the public interest, safety, or welfare requires the emergency | 24 | | action. If the Secretary summarily suspends a license without a | 25 | | hearing, a hearing by the Department shall be held within 30 |
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| 1 | | days after the suspension has occurred. The suspended licensee | 2 | | may seek a continuance of the hearing, during which time the | 3 | | suspension shall remain in effect. The proceeding shall be | 4 | | concluded without appreciable delay. If the Department does not | 5 | | hold a hearing within 30 days after the date of suspension and | 6 | | the suspended licensee did not seek a continuance, the | 7 | | licensee's license shall be automatically reinstated. | 8 | | Section 120. Disposition by consent order. At any point in | 9 | | any investigation or disciplinary proceeding provided for in | 10 | | the Act, both parties may agree to a negotiated consent order. | 11 | | The consent order shall be final upon signature of the | 12 | | Secretary. | 13 | | Section 125. Restoration of license after disciplinary | 14 | | proceedings. At any time after the successful completion of a | 15 | | term of indefinite probation, indefinite suspension, or | 16 | | revocation of a license, the Department may restore it to the | 17 | | licensee, unless, after an investigation and a hearing, the | 18 | | Secretary determines that restoration is not in the public | 19 | | interest. No person or entity whose license, card, or authority | 20 | | has been revoked as authorized in this Act may apply for | 21 | | restoration of that license, registration, or authority until | 22 | | such time as provided for in the Civil Administrative Code of | 23 | | Illinois. |
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| 1 | | Section 130. Injunction; cease and desist orders.
| 2 | | (a) Upon the filing of a verified petition in court, if | 3 | | satisfied by affidavit or otherwise that the person, firm, | 4 | | corporation, or other legal entity is or has been conducting | 5 | | activities in violation of this Act, the court may enter a | 6 | | temporary restraining order or preliminary injunction, without | 7 | | bond, enjoining the defendant from further activity. A copy of | 8 | | the verified complaint shall be served upon the defendant and | 9 | | the proceedings shall be conducted as in civil cases. If it is | 10 | | established the defendant has been or is conducting activities | 11 | | in violation of this Act, the court may enter a judgment | 12 | | enjoining the defendant from that activity. In case of | 13 | | violation of any injunctive order or judgment entered under | 14 | | this Section, the court may punish the offender for contempt of | 15 | | court. Injunctive proceedings shall be in addition to all other | 16 | | penalties under this Act.
| 17 | | (b) If any person has engaged in the business of selling, | 18 | | leasing, or otherwise transferring firearms without having a | 19 | | valid license under this Act, then any licensee, any interested | 20 | | party, or any person injured thereby may, in addition to the | 21 | | Secretary, petition for relief as provided in subsection (a) of | 22 | | this Section.
| 23 | | (c) Whenever the Department has reason to believe a person, | 24 | | firm, corporation, or other legal entity has violated any | 25 | | provision of this Act, the Department may issue a rule to show | 26 | | cause why an order to cease and desist should not be entered |
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| 1 | | against that person, firm, corporation, or other legal entity. | 2 | | The rule shall clearly set forth the grounds relied upon by the | 3 | | Department and shall provide a period of 7 days from the date | 4 | | of the rule to file an answer to the satisfaction of the | 5 | | Department. Failure to answer to the satisfaction of the | 6 | | Department shall cause an order to cease and desist to be | 7 | | issued immediately.
| 8 | | Section 135. Administrative review. All final | 9 | | administrative decisions of the Department are subject to | 10 | | judicial review under Article III of the Code of Civil | 11 | | Procedure. The term "administrative decision" is defined as in | 12 | | Section 3-101 of the Code of Civil Procedure. The proceedings | 13 | | for judicial review shall be commenced in the circuit court of | 14 | | the county in which the party applying for review resides; but | 15 | | if the party is not a resident of this State, the venue shall | 16 | | be in Sangamon County. The Department shall not be required to | 17 | | certify any record to the court or file any answer in court or | 18 | | otherwise appear in any court in a judicial review proceeding, | 19 | | unless and until the Department has received from the plaintiff | 20 | | payment of the costs of furnishing and certifying the record, | 21 | | which costs shall be determined by the Department. Exhibits | 22 | | shall be certified without cost. Failure on the part of the | 23 | | applicant or licensee to file a receipt in court is grounds for | 24 | | dismissal of the action. |
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| 1 | | Section 140. Prima facie proof. | 2 | | (a) An order or a certified copy thereof, over the seal of | 3 | | the Department and purporting to be signed by the Secretary, is | 4 | | prima facie proof that the signature is that of the Secretary, | 5 | | and the Secretary is qualified to act. | 6 | | (b) A certified copy of a record of the Department shall, | 7 | | without further proof, be admitted into evidence in any legal | 8 | | proceeding, and shall be prima facie correct and prima facie | 9 | | evidence of the information contained therein.
| 10 | | Section 145. Subpoenas.
| 11 | | (a) The Department may subpoena and bring before it any | 12 | | person to take the oral or written testimony or compel the | 13 | | production of any books, papers, records, or any other | 14 | | documents that the Secretary or his or her designee deems | 15 | | relevant or material to any such investigation or hearing | 16 | | conducted by the Department with the same fees and in the same | 17 | | manner as prescribed in civil cases in the courts of this | 18 | | State.
| 19 | | (b) Any circuit court, upon the application of the | 20 | | applicant, licensee, or Department, may order the attendance | 21 | | and testimony of witnesses and the production of relevant | 22 | | documents, files, records, books, and papers in connection with | 23 | | any hearing or investigation. The circuit court may compel | 24 | | obedience to its order by proceedings for contempt.
| 25 | | (c) The Secretary, the hearing officer, any member of the |
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| 1 | | Board, or a certified shorthand court reporter may administer | 2 | | oaths at any hearing the Department conducts. Notwithstanding | 3 | | any other statute or Department rule to the contrary, all | 4 | | requests for testimony, production of documents or records | 5 | | shall be in accordance with this Act.
| 6 | | Section 150. Stenographers. The Department, at its | 7 | | expense, shall preserve the record of all proceedings at a | 8 | | formal hearing of any case. The notice of hearing, complaint, | 9 | | all other documents in the nature of pleadings and written | 10 | | motions filed in the proceedings, the transcript of testimony, | 11 | | the report of the Board and orders of the Department shall be | 12 | | in the record of the proceedings. | 13 | | Section 155. Fees; deposit of fees and fines. The | 14 | | Department shall by rule provide for fees for the | 15 | | administration and enforcement of this Act, and those fees are | 16 | | nonrefundable. Applicants for examination shall be required to | 17 | | pay a fee to either the Department or the designated testing | 18 | | service to cover the cost of providing the examination. If an | 19 | | applicant fails to appear for the examination on the scheduled | 20 | | date at the time and place specified by the Department or | 21 | | designated testing service, then the applicant's examination | 22 | | fee shall be forfeited. All of the fees, penalties, and fines | 23 | | collected under this Act shall be deposited into the General | 24 | | Professions Dedicated Fund and shall be appropriated to the |
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| 1 | | Department for the ordinary and contingent expenses of the | 2 | | Department in the administration and enforcement of this Act. | 3 | | Section 160. Illinois Administrative Procedure Act; | 4 | | application. | 5 | | (a) All rules required under this Act shall be adopted in | 6 | | accordance with Article 5 of the Illinois Administrative | 7 | | Procedure Act. | 8 | | (b) Article 10 of the Illinois Administrative Procedure Act | 9 | | is expressly adopted and incorporated in this Act as if all of | 10 | | the provisions of that Article were included in this Act, | 11 | | except that the provision of paragraph (d) of Section 10-65 of | 12 | | the Illinois Administrative Procedure Act, which provides that | 13 | | at hearings the registrant or licensee has the right to show | 14 | | compliance with all lawful requirements for retention or | 15 | | continuation or renewal of the license, is specifically | 16 | | excluded. For the purpose of this Act, the notice required | 17 | | under Section 10-25 of the Illinois Administrative Procedure | 18 | | Act is considered sufficient when mailed to the address of | 19 | | record of a party. | 20 | | Section 165. Confidentiality. All information collected by | 21 | | the Department in the course of an examination or investigation | 22 | | of a licensee or applicant, including, but not limited to, any | 23 | | complaint against a licensee filed with the Department and | 24 | | information collected to investigate any such complaint, shall |
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| 1 | | be maintained for the confidential use of the Department and | 2 | | shall not be disclosed. The Department shall not disclose the | 3 | | information to anyone other than law enforcement officials, | 4 | | regulatory agencies that have an appropriate regulatory | 5 | | interest as determined by the Secretary, or a party presenting | 6 | | a lawful subpoena to the Department. Information and documents | 7 | | disclosed to a federal, State, county, or local law enforcement | 8 | | agency shall not be disclosed by the agency for any purpose to | 9 | | any other agency or person. A formal complaint filed against a | 10 | | licensee by the Department or any order issued by the | 11 | | Department against a licensee or applicant shall be a public | 12 | | record, except as otherwise prohibited by law.
| 13 | | Section 900. The Regulatory Sunset Act is amended by adding | 14 | | Section 4.37 as follows: | 15 | | (5 ILCS 80/4.37 new) | 16 | | Sec. 4.37. Act repealed on January 1, 2027. The following | 17 | | Act is repealed on January 1, 2027: | 18 | | The Gun Dealer Licensing Act. ".
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