Full Text of SB0337 100th General Assembly
SB0337sam003 100TH GENERAL ASSEMBLY | Sen. Don Harmon Filed: 5/15/2018
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| 1 | | AMENDMENT TO SENATE BILL 337
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 337, AS AMENDED, by | 3 | | replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "ARTICLE 1. COMBATING ILLEGAL GUN TRAFFICKING ACT | 6 | | Section 1-1. References to Act. This Act may be referred | 7 | | to as the Combating Illegal Gun Trafficking Act. | 8 | | ARTICLE 5. FIREARM DEALER LICENSE CERTIFICATION ACT | 9 | | Section 5-1. Short title. This Article 1 may be cited as | 10 | | the Firearm Dealer License Certification Act. References in | 11 | | this Article to "this Act" mean this Article.
| 12 | | Section 5-5. Definitions. In this Act: | 13 | | "Certified licensee" means a licensee that has previously |
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| 1 | | certified its license with the Department
under this Act. | 2 | | "Department" means the Department of State Police. | 3 | | "Director" means the Director of State Police. | 4 | | "Entity" means any person, firm, corporation, group of | 5 | | individuals, or other legal entity. | 6 | | "Inventory" means firearms in the possession of an | 7 | | individual or entity for the purpose of sale or
transfer.
| 8 | | "License" means a Federal Firearms License authorizing an | 9 | | individual to engage in the business of
dealing firearms.
| 10 | | "Licensee" means a person, firm, corporation, or other | 11 | | entity who has been given, and is currently in
possession of, a | 12 | | valid Federal Firearms License. | 13 | | "Retail location" means a store or similar location open to | 14 | | the public from which a certified licensee
engages in the | 15 | | business of selling, transferring, or facilitating a sale or | 16 | | transfer of a firearm.
For purposes of this Act, a gun show at | 17 | | which a certified licensee engages in business from time to | 18 | | time is not a retail location. | 19 | | Section 5-10. Copy of Federal Firearms License filed with | 20 | | the
Department. Each licensee shall file with the Department a | 21 | | copy of its license,
together with a sworn affidavit indicating | 22 | | that the license presented
is in fact its license and that the | 23 | | license is valid. Upon receipt and review by the Department, | 24 | | the Department
shall issue a certificate of license to the | 25 | | licensee, allowing the
licensee to conduct business within this |
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| 1 | | State.
The Department shall issue an initial certificate of | 2 | | license within 30 days of receipt of the copy of license and | 3 | | sworn affidavit. | 4 | | Section 5-15. Certification requirement. | 5 | | (a) Beginning 90 days after the effective date of this Act, | 6 | | it is unlawful for a person or entity to engage in the business
| 7 | | of selling, leasing, or otherwise transferring firearms
| 8 | | without a valid certificate of license issued under this Act. | 9 | | In the event that a person or entity maintains multiple | 10 | | licenses to engage in different lines of business requiring | 11 | | different licenses at one location, then the licenses shall be | 12 | | deemed one license for purposes of certification. In the event | 13 | | that a person or entity maintains multiple licenses to engage | 14 | | in business at multiple locations, then each license and | 15 | | location must receive its own certification. | 16 | | (b) It is unlawful for a person or entity without first | 17 | | being a certified licensee under this Act to act as if he or | 18 | | she is certified under this Act, to advertise, to assume to act | 19 | | as a certified licensee or to use a title implying that
the | 20 | | person or entity is engaged in business as a
certified licensee
| 21 | | without a license certified under this Act. | 22 | | (c) It is unlawful to obtain or attempt to obtain any
| 23 | | certificate of license under this Act by material misstatement | 24 | | or fraudulent
misrepresentation. Notwithstanding the | 25 | | provisions of Section
5-85, in addition to any penalty imposed |
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| 1 | | under this Section, any
certificate of license obtained under | 2 | | this Act due to
material misstatement or fraudulent | 3 | | misrepresentation shall automatically be revoked.
| 4 | | (d) A person who violates any provision of this Section is
| 5 | | guilty of a Class A misdemeanor for a first violation, and a
| 6 | | Class 4 felony for a second or subsequent violation. | 7 | | (e) In addition to any other penalty provided by law, any
| 8 | | person or entity who violates any provision of this Section
| 9 | | shall pay a civil penalty to the Department in an amount not to
| 10 | | exceed $10,000 for each offense, as determined by the
| 11 | | Department. The civil penalty shall be assessed by the
| 12 | | Department after a hearing is held in accordance with Sections | 13 | | 5-95 and 5-100. | 14 | | (f) The Department has the authority and power to
| 15 | | investigate any and all unlicensed activity requiring a license | 16 | | certified under this Act. | 17 | | (g) The civil penalty shall be paid within 60 days after
| 18 | | the effective date of the order imposing the civil penalty. The
| 19 | | order shall constitute a judgment and may be filed and
| 20 | | execution had thereon in the same manner as any judgment from
| 21 | | any court of record.
| 22 | | (h) In the event the certification of a certified licensee | 23 | | is revoked, it shall be a violation of this Act for the revoked | 24 | | licensee to seek certification of a license held under a | 25 | | different name, or to re-open as a certified licensee under | 26 | | another name using the same license or as the same person or |
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| 1 | | entity doing business under a different name. | 2 | | (i) The Department shall require all of the following | 3 | | information from each applicant for certification under this | 4 | | Act: | 5 | | (1) The name, full business address, and telephone | 6 | | number of the entity. The business address for the entity | 7 | | shall be the complete street address where firearms in the | 8 | | inventory of the entity are regularly stored, shall be | 9 | | located within the State, and may not be a Post Office Box. | 10 | | (2) All trade, business, or assumed names used by the | 11 | | certified licensee. | 12 | | (3) The type of ownership or operation, such as a | 13 | | partnership, corporation, or sole proprietorship. | 14 | | (4) The name of the owner or operator of the | 15 | | dealership, including: | 16 | | (A) if a person, then the name and address of | 17 | | record of the person; | 18 | | (B) if a partnership, then the name and address of | 19 | | record of each partner and the name of the partnership; | 20 | | (C) if a corporation, then the name, address of | 21 | | record, and title of each corporate officer and | 22 | | director, and each owner of more than 5% of the | 23 | | corporation, the corporate names, and the name of the | 24 | | state of incorporation; and | 25 | | (D) if a sole proprietorship, then the full name | 26 | | and address of record of the sole proprietor and the |
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| 1 | | name of the business entity. | 2 | | Section 5-20. Additional licensee requirements. | 3 | | (a) A certified licensee shall make a photo copy of a | 4 | | buyer's or transferee's valid photo identification card | 5 | | whenever a firearm sale transaction takes place. The photo copy | 6 | | shall be attached to the documentation detailing the record of | 7 | | sale. | 8 | | (b) A certified licensee shall post in a conspicuous | 9 | | position on the premises where the licensee conducts business a | 10 | | sign that contains the following warning in block letters not | 11 | | less than one inch in height: | 12 | | "With few exceptions, it is unlawful for you to: | 13 | | (A) store or leave an unsecured firearm in a place | 14 | | where a child can obtain access to it;
| 15 | | (B) sell or transfer your firearm to someone else | 16 | | without receiving approval for the transfer from the | 17 | | Department of State Police, or | 18 | | (C) fail to report the loss or theft of your | 19 | | firearm to local law enforcement within 72 hours.". | 20 | | (c) No retail location established after the effective date | 21 | | of this Act shall be located within 500 feet of any school, | 22 | | pre-school, or day care facility in existence at its location | 23 | | before the retail location is established. | 24 | | Section 5-25. Exemptions. |
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| 1 | | The provisions of this Act related
to the certification of | 2 | | a license do not apply to a
person or entity that engages in | 3 | | the following
activities: | 4 | | (1) temporary transfers of firearms solely for use at | 5 | | the
location or on the premises where the transfer takes | 6 | | place,
such as transfers at a shooting range for use at | 7 | | that location; | 8 | | (2) temporary transfers of firearms solely for use | 9 | | while in
the presence of the transferor or transfers for | 10 | | the
purposes of firearm safety training by a firearms | 11 | | safety training instructor; | 12 | | (3) transfers of firearms among immediate family or
| 13 | | household members, as "immediate family or household | 14 | | member" is
defined in Section 3-2.7-10 of the Unified Code | 15 | | of Corrections, provided that both the transferor and | 16 | | transferee have a currently valid Firearm Owner's | 17 | | Identification Card; however, this paragraph (3) does not | 18 | | limit the familial gift exemption under paragraph (2) of | 19 | | subsection (a-15) of Section 3 of the Firearm Owners | 20 | | Identification Card Act; | 21 | | (4) transfers by persons or entities acting under | 22 | | operation
of law or a court order; | 23 | | (5) transfers by persons or entities liquidating all or
| 24 | | part of a collection. For purposes of this paragraph (5),
| 25 | | "collection" means 2 or more firearms which are of special
| 26 | | interest to collectors by reason of some quality other than |
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| 1 | | is
associated with firearms intended for sporting use or as
| 2 | | offensive or defensive weapons; | 3 | | (6) transfers of firearms that have been rendered
| 4 | | permanently inoperable to a nonprofit historical society,
| 5 | | museum, or institutional collection; | 6 | | (7) transfers by a law enforcement or corrections | 7 | | agency or
a law enforcement or corrections officer acting | 8 | | within the
course and scope of his or her official duties; | 9 | | (8) transfers to a State or local law enforcement | 10 | | agency by a person who has his or her Firearm
Owner's | 11 | | Identification Card revoked; | 12 | | (9) transfers of curios and relics, as defined under
| 13 | | federal law, between collectors licensed under subsection | 14 | | (b)
of Section 923 of the federal Gun Control Act of 1968; | 15 | | (10) transfers by a person or entity licensed as an | 16 | | auctioneer under the Auction License Act; or | 17 | | (11) transfers between a pawnshop and a customer which | 18 | | amount to a bailment. For purposes of this paragraph (11), | 19 | | "bailment" means the act of placing property in the custody | 20 | | and control of another, by agreement in which the holder is | 21 | | responsible for the safekeeping and return of the property. | 22 | | Section 5-30. Training of certified licensees. Any
| 23 | | certified licensee and any employee of a certified licensee who | 24 | | sells or
transfers firearms shall receive at least 2 hours of | 25 | | training
annually regarding legal requirements and responsible |
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| 1 | | business practices as applicable to the sale or transfer or | 2 | | firearms. The Department may adopt rules regarding
continuing | 3 | | education for certified licensees. | 4 | | Section 5-35. Inspection of licensees' places of business.
| 5 | | Licensees shall have their places of business open for
| 6 | | inspection by the Department and law enforcement during all
| 7 | | hours of operation, provided that the Department or law
| 8 | | enforcement may conduct no more than one unannounced inspection
| 9 | | per business per year without good cause. Licensees
shall make | 10 | | all records, documents, and firearms accessible for
inspection | 11 | | upon the request of the Department or law
enforcement agency. | 12 | | Section 5-40. Qualifications for operation. | 13 | | (a) Each certified licensee shall submit with each | 14 | | application for certification or renewal an affidavit to the | 15 | | Department stating that each owner, employee, or other agent of | 16 | | the certified licensee who sells or conducts transfers of | 17 | | firearms for the certified licensee is at least 21 years of | 18 | | age, has a currently valid Firearm Owner's Identification Card | 19 | | and, for a renewal, has completed the training required under | 20 | | Section 5-30. The affidavit must also contain the name and | 21 | | Firearm Owner's Identification Card number of each owner, | 22 | | employee, or other agent who sells or conducts transfers of | 23 | | firearms for the certified licensee. | 24 | | (b) In addition to the affidavit required under subsection |
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| 1 | | (a), within 30 days of a new owner, employee, or other agent | 2 | | beginning selling or conducting transfers of firearms for the | 3 | | certified licensee, the certified licensee shall submit an | 4 | | affidavit to the Department stating the date that the new | 5 | | owner, employee, or other agent began selling or conducting | 6 | | transfers of firearms for the certified licensee, and providing | 7 | | the information required in subsection (a) for that new owner, | 8 | | employee, or other agent. | 9 | | (c) Each certified licensee must not have had a license or | 10 | | permit to sell, lease, transfer, purchase, or possess firearms | 11 | | from the federal government or the government of any state or | 12 | | subdivision of any state revoked or suspended for good cause | 13 | | within the preceding 3 years.
| 14 | | (d) Applications and affidavits required under this | 15 | | Section are not subject to disclosure by the Department under | 16 | | the Freedom of Information Act. | 17 | | Section 5-45. Issuance of subpoenas. The Department may
| 18 | | subpoena and bring before it any person or entity to take oral | 19 | | or written
testimony or may compel the production of any books, | 20 | | papers,
records, or any other documents that the Department | 21 | | deems relevant or material to an investigation or
hearing | 22 | | conducted by the Department in the enforcement of this Act, | 23 | | with the same
fees and in the same manner prescribed in civil | 24 | | cases in the
courts of this State.
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| 1 | | Section 5-50. Security system.
| 2 | | (a) On or before January 2, 2021, each certified licensee | 3 | | operating a retail location in
this State must maintain a video | 4 | | security system and shall maintain video surveillance of | 5 | | critical areas of
the business premises, including, but not | 6 | | limited to, all
places where firearms are stored, handled, | 7 | | sold,
transferred, or carried, and each entrance and exit. A | 8 | | video surveillance system of the certified licensee's retail | 9 | | location may not be installed in a bathroom and may not monitor
| 10 | | inside the bathrooms located in the retail location. | 11 | | (b) Each certified licensee operating a retail | 12 | | establishment in this State must post a sign in a conspicuous | 13 | | place at
each entrance to the retail location that states in | 14 | | block letters not
less than one inch in height:
"THESE PREMISES | 15 | | ARE UNDER VIDEO SURVEILLANCE. YOUR IMAGE MAY
BE RECORDED.". | 16 | | (c) On or before January 2, 2020, each certified licensee | 17 | | maintaining an inventory of firearms for sale or transfer must | 18 | | be connected to an alarm monitoring system or service that will | 19 | | notify its local law enforcement agency of an unauthorized | 20 | | intrusion into the premises of the licensee where the firearm | 21 | | inventory is maintained. | 22 | | Section 5-55. Safe storage by certified licensees. In | 23 | | addition to
adequate locks, exterior lighting, surveillance | 24 | | cameras, alarm
systems, and other anti-theft measures and | 25 | | practices, a certified licensee maintaining a retail location |
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| 1 | | shall develop a plan that addresses the safe
storage of | 2 | | firearms and ammunition during retail hours and
after closing. | 3 | | The certified licensee shall submit its safe storage plan to | 4 | | the Department and the plan shall be deemed approved unless it | 5 | | is rejected by the Department. The Department may reject the | 6 | | plan if it is inadequate. The certified licensee shall submit a | 7 | | corrected plan to the Department within 60 days of notice of an | 8 | | inadequate plan. In the event there are still problems with the | 9 | | corrected plan, the certified licensee shall have 60 days from | 10 | | each notice of an inadequate plan to submit a corrected plan. | 11 | | The Department may reject the corrected plan if it is | 12 | | inadequate. A certified licensee may operate at all times that | 13 | | a plan is on file with the Department, and during times | 14 | | permitted by this Section to prepare and submit corrected | 15 | | plans. That any certified licensee has operated without an | 16 | | approved safe storage plan for more than 60 days shall be | 17 | | grounds for revocation of a certificate of license. The | 18 | | Department may adopt rules regarding the adequacy of a safe | 19 | | storage plan. Safe storage plans required under this Section | 20 | | are not subject to disclosure by the Department under the | 21 | | Freedom of Information Act. | 22 | | Section 5-60. Statewide compliance standards. The | 23 | | Department
shall develop a statewide standard for
assisting | 24 | | certified licensees in recognizing indicators that would lead a | 25 | | reasonable dealer to refuse sale
of a firearm. |
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| 1 | | Section 5-65. Electronic-based recordkeeping. On or before | 2 | | January 2, 2020, each certified
licensee shall implement an
| 3 | | electronic-based record system to keep track of its changing
| 4 | | inventory by updating the make, model, caliber or gauge, and
| 5 | | serial number of each firearm that is received or sold by the | 6 | | certified licensee. Retail sales and purchases shall be | 7 | | recorded within 24 hours of the transaction. Shipments of | 8 | | firearms from manufacturers or wholesalers shall be recorded | 9 | | upon the earlier of five business days or with 24 hours of the | 10 | | shipment being unpacked and the firearm placed in inventory. | 11 | | Each certified licensee shall maintain these records for
a | 12 | | period of no less than the time period under 27 CFR 478.129 or | 13 | | any subsequent law that regulates the retention of records. | 14 | | Section 5-70. Fees. The Department shall set and collect a
| 15 | | fee for each licensee certifying under this Act. The
fee may | 16 | | not exceed $300 for a certified licensee operating without a
| 17 | | retail location. The fee may not exceed $1,500 for any | 18 | | certified licensee
operating with a retail location.
| 19 | | Section 5-75. Term of license. Each certification shall be | 20 | | valid for
the term of the license being certified. A licensee | 21 | | shall certify each new or renewed license. However, the | 22 | | Department is not required to renew a certification if a prior | 23 | | certification has been revoked or suspended. |
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| 1 | | Section 5-80. Retention of records. Each certified | 2 | | licensee shall keep,
either in electronic form or hard copy, | 3 | | all inventory records
for a period of time no less than the | 4 | | time required under 27 CFR 478.129 or any subsequent law that | 5 | | regulates the retention of records. All video surveillance
| 6 | | records, along with any sound recordings obtained from them, | 7 | | shall be kept
for a period of not less than 90 days. | 8 | | Section 5-85. Disciplinary sanctions. | 9 | | (a) For violations of this Act not penalized under Section
| 10 | | 5-15, the Department may
refuse to renew or
restore, or may | 11 | | reprimand, place on probation, suspend, revoke,
or take other | 12 | | disciplinary or non-disciplinary action against
any licensee, | 13 | | and may impose a fine commensurate with the severity of the | 14 | | violation not to exceed $10,000 for each
violation for any of | 15 | | the following, consistent with the Protection
of Lawful | 16 | | Commerce in Arms Act, 15 U.S.C. 7901 through 7903:
| 17 | | (1) Violations of this Act, or any law applicable to | 18 | | the sale or
transfer of firearms.
| 19 | | (2) A pattern of practice or other behavior which
| 20 | | demonstrates incapacity or incompetency to practice under
| 21 | | this Act.
| 22 | | (3) Aiding or assisting another person in violating any
| 23 | | provision of this Act or rules adopted under this Act.
| 24 | | (4) Failing, within 60 days, to provide information in
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| 1 | | response to a written request made by the Department.
| 2 | | (5) Conviction of, plea of guilty to, or plea of nolo
| 3 | | contendere to any crime that disqualifies the person from
| 4 | | obtaining a valid Firearm Owner's Identification Card.
| 5 | | (6) Continued practice, although the person has become
| 6 | | unfit to practice due to any of the following:
| 7 | | (A) Any circumstance that disqualifies the person
| 8 | | from obtaining a valid Firearm Owner's Identification
| 9 | | Card or concealed carry license.
| 10 | | (B) Habitual or excessive use or abuse of drugs
| 11 | | defined in law as controlled substances, alcohol, or
| 12 | | any other substance that results in the inability to
| 13 | | practice with reasonable judgment, skill, or safety. | 14 | | (7) Receiving, directly or indirectly, compensation
| 15 | | for any firearms sold or transferred illegally.
| 16 | | (8) Discipline by another United States jurisdiction,
| 17 | | foreign nation, or governmental agency, if at least one of
| 18 | | the grounds for the discipline is the same or substantially
| 19 | | equivalent to those set forth in this Act.
| 20 | | (9) Violation of any disciplinary order imposed on a
| 21 | | licensee by the Department.
| 22 | | (10) A finding by the Department that the licensee,
| 23 | | after having his or her certified license placed on | 24 | | probationary
status, has violated the terms of probation.
| 25 | | (11) A fraudulent or material misstatement in the | 26 | | completion of an affirmative obligation or inquiry by law |
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| 1 | | enforcement. | 2 | | (b) All fines imposed under this Section shall be paid
| 3 | | within 60 days after the effective date of the final order | 4 | | imposing
the fine. | 5 | | Section 5-90. Statute of limitations. No action may be | 6 | | taken
under this Act against a person or entity certified under | 7 | | this
Act unless the action is commenced within 5 years after | 8 | | the
occurrence of the alleged violations. A continuing | 9 | | violation
shall be deemed to have occurred on the date when the
| 10 | | circumstances last existed that give rise to the alleged
| 11 | | violation. | 12 | | Section 5-95. Complaints; investigations; hearings.
| 13 | | (a) The Department may investigate the actions of any
| 14 | | applicant or of any person or persons holding or claiming to
| 15 | | hold a license or registration under this Act. | 16 | | (b) The Department shall, before disciplining a licensee
| 17 | | under Section 5-85 or refusing to issue a certificate of | 18 | | license, at least 30
days before the date set for the hearing, | 19 | | (i) notify the
accused in writing of the charges made and the | 20 | | time and place
for the hearing on the charges, (ii) direct him | 21 | | or her to file
a written answer to the charges under oath | 22 | | within 20 days after
service, and (iii) inform the licensee | 23 | | that
failure to answer will result in a default being entered
| 24 | | against the licensee. |
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| 1 | | (c) At the time and place fixed in the notice, the Director | 2 | | or
the hearing officer appointed by the Director shall proceed | 3 | | to
hear the charges, and the parties or their counsel shall be
| 4 | | accorded ample opportunity to present any pertinent
| 5 | | statements, testimony, evidence, and arguments. The Director | 6 | | or
hearing officer may continue the hearing from time to time. | 7 | | In
case the person, after receiving the notice, fails to file | 8 | | an
answer, his, her, or its license may, in the discretion of | 9 | | the Director, having first received the recommendation of the | 10 | | Director, be suspended, revoked, or placed on probationary | 11 | | status,
or be subject to whatever disciplinary action the | 12 | | Director considers proper, including limiting the scope, | 13 | | nature, or
extent of the person's business, or the imposition | 14 | | of a fine,
without hearing, if the act or acts charged | 15 | | constitute
sufficient grounds for that action under this Act. | 16 | | (d) The written notice and any notice in the subsequent
| 17 | | proceeding may be served by certified mail to the licensee's
| 18 | | address of record. | 19 | | (e) The Director has the authority to appoint any attorney
| 20 | | licensed to practice law in this State to serve as the hearing
| 21 | | officer in any action for refusal to issue, restore, or renew a
| 22 | | license, or to discipline a licensee. The hearing officer has
| 23 | | full authority to conduct the hearing.
| 24 | | Section 5-100. Hearing; rehearing. | 25 | | (a) The Director or the hearing officer authorized by the
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| 1 | | Department shall hear evidence in support of the formal charges
| 2 | | and evidence produced by the licensee. At the conclusion of the
| 3 | | hearing, the Director shall prepare a written
report of his or | 4 | | her findings of fact, conclusions of law, and
recommendations. | 5 | | The report shall contain a finding of whether
the accused | 6 | | person violated this Act or failed to comply with
the | 7 | | conditions required in this Act. | 8 | | (b) At the conclusion of the hearing, a copy of the | 9 | | Director's or hearing officer's report shall be served upon the | 10 | | licensee by the Department, either personally or as provided
in | 11 | | this Act, for the service of a notice of hearing. Within 20
| 12 | | calendar days after service, the licensee may
present to the | 13 | | Department a motion in writing for a rehearing,
which shall | 14 | | specify the particular grounds for rehearing. The
Department | 15 | | may respond to the motion for rehearing within 20
calendar days | 16 | | after its service on the Department. If no motion
for rehearing | 17 | | is filed, then upon the expiration of the time
specified for | 18 | | filing such a motion, or upon denial of a motion
for rehearing, | 19 | | the Director may enter an order in accordance
with his or her | 20 | | recommendations or the recommendations of the hearing officer. | 21 | | If
the licensee orders from the reporting service and
pays for | 22 | | a transcript of the record within the time for filing
a motion | 23 | | for rehearing, the 20-day period within which a motion
may be | 24 | | filed shall commence upon the delivery of the transcript
to the | 25 | | licensee. | 26 | | (c) All proceedings under this Section are matters of
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| 1 | | public record and shall be preserved. | 2 | | (d) The licensee may continue to operate during the course | 3 | | of an investigation or
hearing, unless the Director finds that | 4 | | the public interest,
safety, or welfare requires an emergency | 5 | | action.
| 6 | | (e) Upon the suspension or revocation of a certificate of | 7 | | license, the
licensee shall surrender the certificate to the | 8 | | Department and,
upon failure to do so, the Department shall | 9 | | seize the same. However, when the certification of a certified | 10 | | licensee is suspended, the certified licensee shall not operate | 11 | | as a certified licensee during the period in which the | 12 | | certificate is suspended and, if operating during that period, | 13 | | shall be operating in violation of subsection (a) of Section | 14 | | 5-15 of this Act. A person who violates this Section is guilty | 15 | | of a Class A misdemeanor for a first violation, and a Class 4 | 16 | | felony for a second or subsequent violation. In addition to any | 17 | | other penalty provided by law, any person or entity who | 18 | | violates this Section shall pay a civil penalty to the | 19 | | Department in an amount not to exceed $2,500 for the first | 20 | | violation, and a fine not to exceed $5,000 for a second or | 21 | | subsequent violation. | 22 | | Section 5-105. Restoration of certificate of license after | 23 | | disciplinary
proceedings. At any time after the successful | 24 | | completion of a
term of indefinite probation, indefinite | 25 | | suspension, or
revocation of a certificate of license, the |
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| 1 | | Department may restore it to the
licensee, unless, after an | 2 | | investigation and a hearing, the Director
determines that | 3 | | restoration is not in the public
interest. No person or entity | 4 | | whose certificate of license, card, or authority
has been | 5 | | revoked as authorized in this Act may apply for
restoration of | 6 | | that certificate of license, card, or authority until
such time | 7 | | as provided for in the Civil Administrative Code of
Illinois.
| 8 | | Section 5-110. 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, | 18 | | or
otherwise appear in any court in a judicial review | 19 | | proceeding,
unless, and until, the Department has received from | 20 | | the plaintiff
payment of the costs of furnishing and certifying | 21 | | the record,
which costs shall be determined by the Department. | 22 | | Exhibits
shall be certified without cost. Failure on the part | 23 | | of the
applicant or licensee to file a receipt in court is | 24 | | grounds for
dismissal of the action.
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| 1 | | Section 5-115. 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 Director, is
| 4 | | prima facie proof that the signature is that of the Director,
| 5 | | and the Director 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 | | ARTICLE 10. GUN TRAFFICKING INFORMATION ACT | 11 | | Section 10-1. Short title. This Article 5 may be cited as | 12 | | the Gun Trafficking Information Act. References in this Article | 13 | | to "this Act" mean this Article. | 14 | | Section 10-5. Gun trafficking information.
| 15 | | (a) The Department of State Police shall use all reasonable | 16 | | efforts in making publicly available, on a regular and ongoing
| 17 | | basis, key information related to firearms used in the
| 18 | | commission of crimes in this State, including, but not limited
| 19 | | to: reports on crimes committed with firearms, locations where
| 20 | | the crimes occurred, the number of persons killed or injured in
| 21 | | the commission of the crimes, the state where the firearms used
| 22 | | originated, the Federal Firearms Licensee that sold the | 23 | | firearm, and the type of firearms used. The Department
shall |
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| 1 | | make the information available on its
website, in addition to | 2 | | electronically filing a report with the
Governor and the | 3 | | General Assembly. The report to the General
Assembly shall be | 4 | | filed with the Clerk of the House of
Representatives and the | 5 | | Secretary of the Senate in electronic
form only, in the manner | 6 | | that the Clerk and the Secretary shall
direct.
| 7 | | (b) The Department shall study, on a regular and ongoing | 8 | | basis, and compile reports on the number of Firearm Owner's | 9 | | Identification Card checks to determine firearms trafficking | 10 | | or straw purchase patterns. The Department shall, to the extent | 11 | | not inconsistent with law, share such reports and underlying | 12 | | data with academic centers, foundations, and law enforcement | 13 | | agencies studying firearms trafficking, provided that | 14 | | personally identifying information is protected. For purposes | 15 | | of this subsection (b), a Firearm Owner's Identification Card | 16 | | number is not personally identifying information, provided | 17 | | that no other personal information of the card holder is | 18 | | attached to the record. The Department may create and attach an | 19 | | alternate unique identifying number to each Firearm Owner's | 20 | | Identification Card number, instead of releasing the Firearm | 21 | | Owner's Identification Card number itself. | 22 | | (c) Each department, office, division, and agency of this
| 23 | | State shall, to the extent not inconsistent with law, cooperate
| 24 | | fully with the Department and furnish the
Department with all | 25 | | relevant information and assistance on a
timely basis as is | 26 | | necessary to accomplish the purpose of this
Act. The Illinois |
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| 1 | | Criminal Justice Information Authority shall submit the | 2 | | information required in subsection (a) of this Section to the | 3 | | Department of State Police, and any other information as the | 4 | | Department may request, to assist the Department in carrying | 5 | | out its duties under this Act. | 6 | | ARTICLE 15. AMENDATORY PROVISIONS | 7 | | Section 15-5. The Firearm Owners Identification Card Act is | 8 | | amended by changing Section 3 as follows: | 9 | | (430 ILCS 65/3) (from Ch. 38, par. 83-3) | 10 | | Sec. 3. (a) Except as provided in Section 3a, no person may | 11 | | knowingly
transfer, or cause to be transferred, any firearm, | 12 | | firearm ammunition, stun gun, or taser to any person within | 13 | | this State unless the
transferee with whom he deals displays | 14 | | either: (1) a currently valid Firearm Owner's
Identification | 15 | | Card which has previously been issued in his or her name by the
| 16 | | Department of State Police under the provisions of this Act; or | 17 | | (2) a currently valid license to carry a concealed firearm | 18 | | which has previously been issued in his or her name by the
| 19 | | Department of State Police under the Firearm Concealed Carry | 20 | | Act. In addition,
all firearm, stun gun, and taser transfers by | 21 | | federally licensed firearm dealers are subject
to Section 3.1. | 22 | | (a-5) Any person who is not a federally licensed firearm | 23 | | dealer and who desires to transfer or sell a firearm while that |
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| 1 | | person is on the grounds of a gun show must, before selling or | 2 | | transferring the firearm, request the Department of State | 3 | | Police to conduct a background check on the prospective | 4 | | recipient of the firearm in accordance with Section 3.1.
| 5 | | (a-10) Notwithstanding item (2) of subsection (a) of this | 6 | | Section, any person who is not a federally licensed firearm | 7 | | dealer and who desires to transfer or sell a firearm or | 8 | | firearms to any person who is not a federally licensed firearm | 9 | | dealer shall, before selling or transferring the firearms, | 10 | | contact the Department of State Police with the transferee's or | 11 | | purchaser's Firearm Owner's Identification Card number to | 12 | | determine the validity of the transferee's or purchaser's | 13 | | Firearm Owner's Identification Card. This subsection shall not | 14 | | be effective until January 1, 2014. The Department of State | 15 | | Police may adopt rules concerning the implementation of this | 16 | | subsection. The Department of State Police shall provide the | 17 | | seller or transferor an approval number if the purchaser's | 18 | | Firearm Owner's Identification Card is valid. Approvals issued | 19 | | by the Department for the purchase of a firearm pursuant to | 20 | | this subsection are valid for 30 days from the date of issue. | 21 | | (a-15) The provisions of subsection (a-10) of this Section | 22 | | do not apply to: | 23 | | (1) transfers that occur at the place of business of a | 24 | | federally licensed firearm dealer, if the federally | 25 | | licensed firearm dealer conducts a background check on the | 26 | | prospective recipient of the firearm in accordance with |
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| 1 | | Section 3.1 of this Act and follows all other applicable | 2 | | federal, State, and local laws as if he or she were the | 3 | | seller or transferor of the firearm, although the dealer is | 4 | | not required to accept the firearm into his or her | 5 | | inventory. The purchaser or transferee may be required by | 6 | | the federally licensed firearm dealer to pay a fee not to | 7 | | exceed $10 per firearm, which the dealer may retain as | 8 | | compensation for performing the functions required under | 9 | | this paragraph, plus the applicable fees authorized by | 10 | | Section 3.1; | 11 | | (2) transfers as a bona fide gift to the transferor's | 12 | | husband, wife, son, daughter, stepson, stepdaughter, | 13 | | father, mother, stepfather, stepmother, brother, sister, | 14 | | nephew, niece, uncle, aunt, grandfather, grandmother, | 15 | | grandson, granddaughter, father-in-law, mother-in-law, | 16 | | son-in-law, or daughter-in-law; | 17 | | (3) transfers by persons acting pursuant to operation | 18 | | of law or a court order; | 19 | | (4) transfers on the grounds of a gun show under | 20 | | subsection (a-5) of this Section; | 21 | | (5) the delivery of a firearm by its owner to a | 22 | | gunsmith for service or repair, the return of the firearm | 23 | | to its owner by the gunsmith, or the delivery of a firearm | 24 | | by a gunsmith to a federally licensed firearms dealer for | 25 | | service or repair and the return of the firearm to the | 26 | | gunsmith; |
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| 1 | | (6) temporary transfers that occur while in the home of | 2 | | the unlicensed transferee, if the unlicensed transferee is | 3 | | not otherwise prohibited from possessing firearms and the | 4 | | unlicensed transferee reasonably believes that possession | 5 | | of the firearm is necessary to prevent imminent death or | 6 | | great bodily harm to the unlicensed transferee; | 7 | | (7) transfers to a law enforcement or corrections | 8 | | agency or a law enforcement or corrections officer acting | 9 | | within the course and scope of his or her official duties; | 10 | | (8) transfers of firearms that have been rendered | 11 | | permanently inoperable to a nonprofit historical society, | 12 | | museum, or institutional collection; and | 13 | | (9) transfers to a person who is exempt from the | 14 | | requirement of possessing a Firearm Owner's Identification | 15 | | Card under Section 2 of this Act. | 16 | | (a-20) The Department of State Police shall develop an | 17 | | Internet-based system for individuals to determine the | 18 | | validity of a Firearm Owner's Identification Card prior to the | 19 | | sale or transfer of a firearm. The Department shall have the | 20 | | Internet-based system completed and available for use by July | 21 | | 1, 2015. The Department shall adopt rules not inconsistent with | 22 | | this Section to implement this system. | 23 | | (b) Any person within this State who transfers or causes to | 24 | | be
transferred any firearm, stun gun, or taser shall keep a | 25 | | record of such transfer for a period
of 10 years from the date | 26 | | of transfer. Such record shall contain the date
of the |
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| 1 | | transfer; the description, serial number or other information
| 2 | | identifying the firearm, stun gun, or taser if no serial number | 3 | | is available; and, if the
transfer was completed within this | 4 | | State, the transferee's Firearm Owner's
Identification Card | 5 | | number and any approval number or documentation provided by the | 6 | | Department of State Police pursuant to subsection (a-10) of | 7 | | this Section ; if the transfer was not completed within this | 8 | | State, the record shall contain the name and address of the | 9 | | transferee . On or after January 1, 2006, the record shall | 10 | | contain the date of application for transfer of the firearm. On | 11 | | demand of a peace officer such transferor
shall produce for | 12 | | inspection such record of transfer. If the transfer or sale | 13 | | took place at a gun show, the record shall include the unique | 14 | | identification number. Failure to record the unique | 15 | | identification number or approval number is a petty offense.
| 16 | | Failure by the private seller to maintain the transfer records | 17 | | in accordance with this Section is a Class A misdemeanor for | 18 | | the first offense and a Class 4 felony for a second or | 19 | | subsequent offense. | 20 | | (b-5) Any resident may purchase ammunition from a person | 21 | | within or outside of Illinois if shipment is by United States | 22 | | mail or by a private express carrier authorized by federal law | 23 | | to ship ammunition. Any resident purchasing ammunition within | 24 | | or outside the State of Illinois must provide the seller with a | 25 | | copy of his or her valid Firearm Owner's Identification Card or | 26 | | valid concealed carry license and either his or her Illinois |
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| 1 | | driver's license or Illinois State Identification Card prior to | 2 | | the shipment of the ammunition. The ammunition may be shipped | 3 | | only to an address on either of those 2 documents. | 4 | | (c) The provisions of this Section regarding the transfer | 5 | | of firearm
ammunition shall not apply to those persons | 6 | | specified in paragraph (b) of
Section 2 of this Act. | 7 | | (Source: P.A. 98-508, eff. 8-19-13; 99-29, eff. 7-10-15.) | 8 | | ARTICLE 20. SEVERABILITY | 9 | | Section 20-97. Severability. The provisions of this Act are | 10 | | severable under Section 1.31 of the Statute on Statutes.".
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