Full Text of HB3795 103rd General Assembly
HB3795 103RD GENERAL ASSEMBLY |
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB3795 Introduced 2/17/2023, by Rep. Frances Ann Hurley SYNOPSIS AS INTRODUCED: |
| 430 ILCS 65/3 | from Ch. 38, par. 83-3 | 430 ILCS 65/3.1 | from Ch. 38, par. 83-3.1 |
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Amends the Firearm Owners Identification Card Act. Provides that the sale or transfer of firearm ammunition is subject to the Firearm Transfer Inquiry Program requiring a criminal background check by the Illinois State Police of the person before the person may acquire firearm ammunition.
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| | A BILL FOR |
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| 1 | | AN ACT concerning safety.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Firearm Owners Identification Card Act is | 5 | | amended by changing Sections 3 and 3.1 as follows: | 6 | | (430 ILCS 65/3) (from Ch. 38, par. 83-3) | 7 | | (Text of Section before amendment by P.A. 102-237 ) | 8 | | Sec. 3. (a) Except as provided in Section 3a, no person may | 9 | | knowingly
transfer, or cause to be transferred, any firearm, | 10 | | firearm ammunition, stun gun, or taser to any person within | 11 | | this State unless the
transferee with whom he deals displays | 12 | | either: (1) a currently valid Firearm Owner's
Identification | 13 | | Card which has previously been issued in his or her name by the
| 14 | | Illinois State Police under the provisions of this Act; or (2) | 15 | | a currently valid license to carry a concealed firearm which | 16 | | has previously been issued in his or her name by the
Illinois | 17 | | State Police under the Firearm Concealed Carry Act. In | 18 | | addition,
all firearm, stun gun, and taser transfers by | 19 | | federally licensed firearm dealers are subject
to Section 3.1. | 20 | | (a-5) Any person who is not a federally licensed firearm | 21 | | dealer and who desires to transfer or sell a firearm while that | 22 | | person is on the grounds of a gun show must, before selling or | 23 | | transferring the firearm, request the Illinois State Police to |
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| 1 | | conduct a background check on the prospective recipient of the | 2 | | firearm in accordance with Section 3.1.
| 3 | | (a-10) Notwithstanding item (2) of subsection (a) of this | 4 | | Section, any person who is not a federally licensed firearm | 5 | | dealer and who desires to transfer or sell a firearm or | 6 | | firearms to any person who is not a federally licensed firearm | 7 | | dealer shall, before selling or transferring the firearms, | 8 | | contact a federal firearm license dealer under paragraph (1) | 9 | | of subsection (a-15) of this Section to conduct the transfer | 10 | | or the Illinois 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 under State and federal | 14 | | law including the National Instant Criminal Background Check | 15 | | System. This subsection shall not be effective until July 1, | 16 | | 2023. Until that date the transferor shall contact the | 17 | | Illinois State Police with the transferee's or purchaser's | 18 | | Firearm Owner's Identification Card number to determine the | 19 | | validity of the card. The Illinois State Police may adopt | 20 | | rules concerning the implementation of this subsection. The | 21 | | Illinois State Police shall provide the seller or transferor | 22 | | an approval number if the purchaser's Firearm Owner's | 23 | | Identification Card is valid. Approvals issued by the Illinois | 24 | | State Police for the purchase of a firearm pursuant to this | 25 | | subsection are valid for 30 days from the date of issue. | 26 | | (a-15) The provisions of subsection (a-10) of this Section |
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| 1 | | do not apply to: | 2 | | (1) transfers that occur at the place of business of a | 3 | | federally licensed firearm dealer, if the federally | 4 | | licensed firearm dealer conducts a background check on the | 5 | | prospective recipient of the firearm in accordance with | 6 | | Section 3.1 of this Act and follows all other applicable | 7 | | federal, State, and local laws as if he or she were the | 8 | | seller or transferor of the firearm, although the dealer | 9 | | is not required to accept the firearm into his or her | 10 | | inventory. The purchaser or transferee may be required by | 11 | | the federally licensed firearm dealer to pay a fee not to | 12 | | exceed $25 per firearm, which the dealer may retain as | 13 | | compensation for performing the functions required under | 14 | | this paragraph, plus the applicable fees authorized by | 15 | | Section 3.1; | 16 | | (2) transfers as a bona fide gift to the transferor's | 17 | | husband, wife, son, daughter, stepson, stepdaughter, | 18 | | father, mother, stepfather, stepmother, brother, sister, | 19 | | nephew, niece, uncle, aunt, grandfather, grandmother, | 20 | | grandson, granddaughter, father-in-law, mother-in-law, | 21 | | son-in-law, or daughter-in-law; | 22 | | (3) transfers by persons acting pursuant to operation | 23 | | of law or a court order; | 24 | | (4) transfers on the grounds of a gun show under | 25 | | subsection (a-5) of this Section; | 26 | | (5) the delivery of a firearm by its owner to a |
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| 1 | | gunsmith for service or repair, the return of the firearm | 2 | | to its owner by the gunsmith, or the delivery of a firearm | 3 | | by a gunsmith to a federally licensed firearms dealer for | 4 | | service or repair and the return of the firearm to the | 5 | | gunsmith; | 6 | | (6) temporary transfers that occur while in the home | 7 | | of the unlicensed transferee, if the unlicensed transferee | 8 | | is not otherwise prohibited from possessing firearms and | 9 | | the unlicensed transferee reasonably believes that | 10 | | possession of the firearm is necessary to prevent imminent | 11 | | death or great bodily harm to the unlicensed transferee; | 12 | | (7) transfers to a law enforcement or corrections | 13 | | agency or a law enforcement or corrections officer acting | 14 | | within the course and scope of his or her official duties; | 15 | | (8) transfers of firearms that have been rendered | 16 | | permanently inoperable to a nonprofit historical society, | 17 | | museum, or institutional collection; and | 18 | | (9) transfers to a person who is exempt from the | 19 | | requirement of possessing a Firearm Owner's Identification | 20 | | Card under Section 2 of this Act. | 21 | | (a-20) The Illinois State Police shall develop an | 22 | | Internet-based system for individuals to determine the | 23 | | validity of a Firearm Owner's Identification Card prior to the | 24 | | sale or transfer of a firearm. The Illinois State Police shall | 25 | | have the Internet-based system updated and available for use | 26 | | by January 1, 2024. The Illinois State Police shall adopt |
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| 1 | | rules not inconsistent with this Section to implement this | 2 | | system, but no rule shall allow the Illinois State Police to | 3 | | retain records in contravention of State and federal law. | 4 | | (a-25) On or before January 1, 2022, the Illinois State | 5 | | Police shall develop an Internet-based system upon which the | 6 | | serial numbers of firearms that have been reported stolen are | 7 | | available for public access for individuals to ensure any | 8 | | firearms are not reported stolen prior to the sale or transfer | 9 | | of a firearm under this Section. The Illinois State Police | 10 | | shall have the Internet-based system completed and available | 11 | | for use by July 1, 2022. The Illinois State Police shall adopt | 12 | | rules not inconsistent with this Section to implement this | 13 | | system. | 14 | | (b) Any person within this State who transfers or causes | 15 | | to be
transferred any firearm, stun gun, or taser shall keep a | 16 | | record of such transfer for a period
of 10 years from the date | 17 | | of transfer. Any person within this State who receives any | 18 | | firearm, stun gun, or taser pursuant to subsection (a-10) | 19 | | shall provide a record of the transfer within 10 days of the | 20 | | transfer to a federally licensed firearm dealer and shall not | 21 | | be required to maintain a transfer record. The federally | 22 | | licensed firearm dealer shall maintain the transfer record for | 23 | | 20 years from the date of receipt. A federally licensed | 24 | | firearm dealer may charge a fee not to exceed $25 to retain the | 25 | | record. The record shall be provided and maintained in either | 26 | | an electronic or paper format. The federally licensed firearm |
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| 1 | | dealer shall not be liable for the accuracy of any information | 2 | | in the transfer record submitted pursuant to this Section. | 3 | | Such records shall contain the date
of the transfer; the | 4 | | description, serial number or other information
identifying | 5 | | the firearm, stun gun, or taser if no serial number is | 6 | | available; and, if the
transfer was completed within this | 7 | | State, the transferee's Firearm Owner's
Identification Card | 8 | | number and any approval number or documentation provided by | 9 | | the Illinois State Police pursuant to subsection (a-10) of | 10 | | this Section; if the transfer was not completed within this | 11 | | State, the record shall contain the name and address of the | 12 | | transferee. On or after January 1, 2006, the record shall | 13 | | contain the date of application for transfer of the firearm. | 14 | | On demand of a peace officer such transferor
shall produce for | 15 | | inspection such record of transfer. For any transfer pursuant | 16 | | to subsection (a-10) of this Section, on the demand of a peace | 17 | | officer, such transferee shall identify the federally licensed | 18 | | firearm dealer maintaining the transfer record. If the | 19 | | transfer or sale took place at a gun show, the record shall | 20 | | include the unique identification number. Failure to record | 21 | | the unique identification number or approval number is a petty | 22 | | offense.
For transfers of a firearm, stun gun, or taser made on | 23 | | or after January 18, 2019 (the effective date of Public Act | 24 | | 100-1178), failure by the private seller to maintain the | 25 | | transfer records in accordance with this Section, or failure | 26 | | by a transferee pursuant to subsection a-10 of this Section to |
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| 1 | | identify the federally licensed firearm dealer maintaining the | 2 | | transfer record, is a Class A misdemeanor for the first | 3 | | offense and a Class 4 felony for a second or subsequent offense | 4 | | occurring within 10 years of the first offense and the second | 5 | | offense was committed after conviction of the first offense. | 6 | | Whenever any person who has not previously been convicted of | 7 | | any violation of subsection (a-5), the court may grant | 8 | | supervision pursuant to and consistent with the limitations of | 9 | | Section 5-6-1 of the Unified Code of Corrections. A transferee | 10 | | or transferor shall not be criminally liable under this | 11 | | Section provided that he or she provides the Illinois State | 12 | | Police with the transfer records in accordance with procedures | 13 | | established by the Illinois State Police. The Illinois State | 14 | | Police shall establish, by rule, a standard form on its | 15 | | website. | 16 | | (b-5) Any resident may purchase ammunition from a person | 17 | | within or outside of Illinois if shipment is by United States | 18 | | mail or by a private express carrier authorized by federal law | 19 | | to ship ammunition. Any resident purchasing ammunition within | 20 | | or outside the State of Illinois must provide the seller with a | 21 | | copy of his or her valid Firearm Owner's Identification Card | 22 | | or valid concealed carry license and either his or her | 23 | | Illinois driver's license or Illinois State Identification | 24 | | Card prior to the shipment of the ammunition. The ammunition | 25 | | may be shipped only to an address on either of those 2 | 26 | | documents. |
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| 1 | | (c) The provisions of this Section regarding the transfer | 2 | | of firearm
ammunition shall not apply to those persons | 3 | | specified in paragraph (b) of
Section 2 of this Act. | 4 | | (Source: P.A. 102-538, eff. 8-20-21; 102-813, eff. 5-13-22; | 5 | | 102-1116, eff. 1-10-23.) | 6 | | (Text of Section after amendment by P.A. 102-237 ) | 7 | | Sec. 3. (a) Except as provided in Section 3a, no person may | 8 | | knowingly
transfer, or cause to be transferred, any firearm, | 9 | | firearm ammunition, stun gun, or taser to any person within | 10 | | this State unless the
transferee with whom he deals displays | 11 | | either: (1) a currently valid Firearm Owner's
Identification | 12 | | Card which has previously been issued in his or her name by the
| 13 | | Illinois State Police under the provisions of this Act; or (2) | 14 | | a currently valid license to carry a concealed firearm which | 15 | | has previously been issued in his or her name by the
Illinois | 16 | | State Police under the Firearm Concealed Carry Act. In | 17 | | addition,
all firearm, firearm ammunition, stun gun, and taser | 18 | | transfers by federally licensed firearm dealers are subject
to | 19 | | Section 3.1. | 20 | | (a-5) Any person who is not a federally licensed firearm | 21 | | dealer and who desires to transfer or sell a firearm while that | 22 | | person is on the grounds of a gun show must, before selling or | 23 | | transferring the firearm, request the Illinois State Police to | 24 | | conduct a background check on the prospective recipient of the | 25 | | firearm in accordance with Section 3.1.
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| 1 | | (a-10) Notwithstanding item (2) of subsection (a) of this | 2 | | Section, any person who is not a federally licensed firearm | 3 | | dealer and who desires to transfer or sell any a firearm or | 4 | | sell firearm ammunition firearms to any person who is not a | 5 | | federally licensed firearm dealer shall, before selling or | 6 | | transferring the firearms or selling firearm ammunition , | 7 | | contact a federal firearm license dealer under paragraph (1) | 8 | | of subsection (a-15) of this Section to conduct the transfer | 9 | | or the Illinois State Police with the transferee's or | 10 | | purchaser's Firearm Owner's Identification Card number to | 11 | | determine the validity of the transferee's or purchaser's | 12 | | Firearm Owner's Identification Card under State and federal | 13 | | law, including the National Instant Criminal Background Check | 14 | | System. This subsection shall not be effective until July 1, | 15 | | 2023. Until that date the transferor shall contact the | 16 | | Illinois State Police with the transferee's or purchaser's | 17 | | Firearm Owner's Identification Card number to determine the | 18 | | validity of the card. The Illinois State Police may adopt | 19 | | rules concerning the implementation of this subsection. The | 20 | | Illinois State Police shall provide the seller or transferor | 21 | | an approval number if the purchaser's Firearm Owner's | 22 | | Identification Card is valid. Approvals issued by the Illinois | 23 | | State Police for the purchase of a firearm or
firearm | 24 | | ammunition pursuant to this subsection are valid for 30 days | 25 | | from the date of issue. | 26 | | (a-15) The provisions of subsection (a-10) of this Section |
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| 1 | | do not apply to: | 2 | | (1) transfers that occur at the place of business of a | 3 | | federally licensed firearm dealer, if the federally | 4 | | licensed firearm dealer conducts a background check on the | 5 | | prospective recipient of the firearm or firearm ammunition | 6 | | in accordance with Section 3.1 of this Act and follows all | 7 | | other applicable federal, State, and local laws as if he | 8 | | or she were the seller or transferor of the firearm or
| 9 | | firearm ammunition , although the dealer is not required to | 10 | | accept the firearm or firearm ammunition into his or her | 11 | | inventory. The purchaser or transferee may be required by | 12 | | the federally licensed firearm dealer to pay a fee not to | 13 | | exceed $25 per firearm or $25 per firearm ammunition sales
| 14 | | transaction , which the dealer may retain as compensation | 15 | | for performing the functions required under this | 16 | | paragraph, plus the applicable fees authorized by Section | 17 | | 3.1; | 18 | | (2) transfers as a bona fide gift to the transferor's | 19 | | husband, wife, son, daughter, stepson, stepdaughter, | 20 | | father, mother, stepfather, stepmother, brother, sister, | 21 | | nephew, niece, uncle, aunt, grandfather, grandmother, | 22 | | grandson, granddaughter, father-in-law, mother-in-law, | 23 | | son-in-law, or daughter-in-law; | 24 | | (3) transfers by persons acting pursuant to operation | 25 | | of law or a court order; | 26 | | (4) transfers on the grounds of a gun show under |
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| 1 | | subsection (a-5) of this Section; | 2 | | (5) the delivery of a firearm by its owner to a | 3 | | gunsmith for service or repair, the return of the firearm | 4 | | to its owner by the gunsmith, or the delivery of a firearm | 5 | | by a gunsmith to a federally licensed firearms dealer for | 6 | | service or repair and the return of the firearm to the | 7 | | gunsmith; | 8 | | (6) temporary transfers that occur while in the home | 9 | | of the unlicensed transferee, if the unlicensed transferee | 10 | | is not otherwise prohibited from possessing firearms and | 11 | | the unlicensed transferee reasonably believes that | 12 | | possession of the firearm is necessary to prevent imminent | 13 | | death or great bodily harm to the unlicensed transferee; | 14 | | (7) transfers to a law enforcement or corrections | 15 | | agency or a law enforcement or corrections officer acting | 16 | | within the course and scope of his or her official duties; | 17 | | (8) transfers of firearms that have been rendered | 18 | | permanently inoperable to a nonprofit historical society, | 19 | | museum, or institutional collection; and | 20 | | (9) transfers to a person who is exempt from the | 21 | | requirement of possessing a Firearm Owner's Identification | 22 | | Card under Section 2 of this Act. | 23 | | (a-20) The Illinois State Police shall develop an | 24 | | Internet-based system for individuals to determine the | 25 | | validity of a Firearm Owner's Identification Card prior to the | 26 | | sale or transfer of a firearm or firearm ammunition . The |
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| 1 | | Illinois State Police shall have the Internet-based system | 2 | | updated and available for use by January 1, 2024. The Illinois | 3 | | State Police shall adopt rules not inconsistent with this | 4 | | Section to implement this system; but no rule shall allow the | 5 | | Illinois State Police to retain records in contravention of | 6 | | State and federal law. | 7 | | (a-25) On or before January 1, 2022, the Illinois State | 8 | | Police shall develop an Internet-based system upon which the | 9 | | serial numbers of firearms that have been reported stolen are | 10 | | available for public access for individuals to ensure any | 11 | | firearms are not reported stolen prior to the sale or transfer | 12 | | of a firearm under this Section. The Illinois State Police | 13 | | shall have the Internet-based system completed and available | 14 | | for use by July 1, 2022. The Illinois State Police shall adopt | 15 | | rules not inconsistent with this Section to implement this | 16 | | system. | 17 | | (b) Any person within this State who transfers or causes | 18 | | to be
transferred any firearm, firearm ammunition, stun gun, | 19 | | or taser shall keep a record of such transfer for a period
of | 20 | | 10 years from the date of transfer. Any person within this | 21 | | State who receives any firearm, firearm ammunition, stun gun, | 22 | | or taser pursuant to subsection (a-10) shall provide a record | 23 | | of the transfer within 10 days of the transfer to a federally | 24 | | licensed firearm dealer and shall not be required to maintain | 25 | | a transfer record. The federally licensed firearm dealer shall | 26 | | maintain the transfer record for 20 years from the date of |
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| 1 | | receipt. A federally licensed firearm dealer may charge a fee | 2 | | not to exceed $25 to retain the record. The record shall be | 3 | | provided and maintained in either an electronic or paper | 4 | | format. The federally licensed firearm dealer shall not be | 5 | | liable for the accuracy of any information in the transfer | 6 | | record submitted pursuant to this Section. Such records shall | 7 | | contain the date
of the transfer; the description, serial | 8 | | number or other information
identifying the firearm, stun gun, | 9 | | or taser if no serial number is available; quantity and type of | 10 | | firearm ammunition
transferred; and, if the
transfer was | 11 | | completed within this State, the transferee's Firearm Owner's
| 12 | | Identification Card number and any approval number or | 13 | | documentation provided by the Illinois State Police pursuant | 14 | | to subsection (a-10) of this Section; if the transfer was not | 15 | | completed within this State, the record shall contain the name | 16 | | and address of the transferee. On or after January 1, 2006, the | 17 | | record shall contain the date of application for transfer of | 18 | | the firearm or
firearm ammunition . On demand of a peace | 19 | | officer such transferor shall produce for inspection such | 20 | | record of transfer. For any transfer pursuant to subsection | 21 | | (a-10) of this Section, on the demand of a peace officer, such | 22 | | transferee shall identify the federally licensed firearm | 23 | | dealer maintaining the transfer record. If the transfer or | 24 | | sale took place at a gun show, the record shall include the | 25 | | unique identification number. Failure to record the unique | 26 | | identification number or approval number is a petty offense.
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| 1 | | For transfers of a firearm, stun gun, or taser made on or after | 2 | | January 18, 2019 (the effective date of Public Act 100-1178), | 3 | | failure by the private seller to maintain the transfer records | 4 | | in accordance with this Section, or failure by a transferee | 5 | | pursuant to subsection a-10 of this Section to identify the | 6 | | federally licensed firearm dealer maintaining the transfer | 7 | | record, is a Class A misdemeanor for the first offense and a | 8 | | Class 4 felony for a second or subsequent offense occurring | 9 | | within 10 years of the first offense and the second offense was | 10 | | committed after conviction of the first offense. For transfers
| 11 | | of firearm ammunition made on or after the effective date of
| 12 | | this amendatory Act of the 103rd General Assembly, failure by
| 13 | | the private seller to maintain the transfer records in
| 14 | | accordance with this Section is a Class A misdemeanor for the
| 15 | | first offense and a Class 4 felony for a second or subsequent
| 16 | | offense occurring within 10 years of the first offense and the
| 17 | | second offense was committed after conviction of the first
| 18 | | offense. Whenever any person who has not previously been | 19 | | convicted of any violation of subsection (a-5), the court may | 20 | | grant supervision pursuant to and consistent with the | 21 | | limitations of Section 5-6-1 of the Unified Code of | 22 | | Corrections. A transferee or transferor shall not be | 23 | | criminally liable under this Section provided that he or she | 24 | | provides the Illinois State Police with the transfer records | 25 | | in accordance with procedures established by the Illinois | 26 | | State Police. The Illinois State Police shall establish, by |
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| 1 | | rule, a standard form on its website. | 2 | | (b-5) Any resident may purchase ammunition from a person | 3 | | within or outside of Illinois if shipment is by United States | 4 | | mail or by a private express carrier authorized by federal law | 5 | | to ship ammunition. Any resident purchasing ammunition within | 6 | | or outside the State of Illinois must provide the seller with a | 7 | | copy of his or her valid Firearm Owner's Identification Card | 8 | | or valid concealed carry license and either his or her | 9 | | Illinois driver's license or Illinois State Identification | 10 | | Card prior to the shipment of the ammunition. Prior to the
| 11 | | shipment of the ammunition, Illinois sellers shall contact the
| 12 | | Illinois State Police consistent with the requirements set
| 13 | | forth in this Section. The ammunition may be shipped only to an | 14 | | address on either of those 2 documents. | 15 | | (c) The provisions of this Section regarding the transfer | 16 | | of firearm
ammunition shall not apply to those persons | 17 | | specified in paragraph (b) of
Section 2 of this Act while
| 18 | | engaging in activities listed in that subsection . | 19 | | (Source: P.A. 102-237, eff. 1-1-24; 102-538, eff. 8-20-21; | 20 | | 102-813, eff. 5-13-22; 102-1116, eff. 1-10-23.)
| 21 | | (430 ILCS 65/3.1) (from Ch. 38, par. 83-3.1)
| 22 | | Sec. 3.1. Firearm Transfer Inquiry Program. | 23 | | (a) The Illinois State Police shall provide
a dial up | 24 | | telephone system or utilize other existing technology which | 25 | | shall be used by any federally licensed
firearm dealer, gun |
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| 1 | | show promoter, or gun show vendor who is to transfer a firearm, | 2 | | firearm ammunition, stun gun, or taser under the provisions of | 3 | | this
Act. The Illinois State Police may utilize existing | 4 | | technology which
allows the caller to be charged a fee not to | 5 | | exceed $2. Fees collected by the Illinois State Police shall | 6 | | be deposited in the State Police Firearm Services Fund and | 7 | | used
to provide the service.
| 8 | | (b) Upon receiving a request from a federally licensed | 9 | | firearm dealer, gun show promoter, or gun show vendor, the
| 10 | | Illinois State Police shall immediately approve or, within the | 11 | | time
period established by Section 24-3 of the Criminal Code | 12 | | of 2012 regarding
the delivery of firearms, firearm
| 13 | | ammunition, stun guns, and tasers, notify the inquiring | 14 | | dealer, gun show promoter, or gun show vendor of any objection | 15 | | that
would disqualify the transferee from acquiring or | 16 | | possessing a firearm, firearm ammunition, stun gun, or taser. | 17 | | In
conducting the inquiry, the Illinois State Police shall | 18 | | initiate and
complete an automated search of its criminal | 19 | | history record information
files and those of the Federal | 20 | | Bureau of Investigation, including the
National Instant | 21 | | Criminal Background Check System, and of the files of
the | 22 | | Department of Human Services relating to mental health and
| 23 | | developmental disabilities to obtain
any felony conviction or | 24 | | patient hospitalization information which would
disqualify a | 25 | | person from obtaining or require revocation of a currently
| 26 | | valid Firearm Owner's Identification Card. |
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| 1 | | (b-5) By January 1, 2023, the Illinois State Police shall | 2 | | by rule provide a process for the automatic renewal of the | 3 | | Firearm Owner's Identification Card of a person at the time of | 4 | | an inquiry in subsection (b). Persons eligible for this | 5 | | process must have a set of fingerprints on file with their | 6 | | applications under either subsection (a-25) of Section 4 or | 7 | | the Firearm Concealed Carry Act. | 8 | | (c) If receipt of a firearm would not violate Section 24-3 | 9 | | of the Criminal Code of 2012, federal law, or this Act, the | 10 | | Illinois State Police shall: | 11 | | (1) assign a unique identification number to the | 12 | | transfer; and | 13 | | (2) provide the licensee, gun show promoter, or gun | 14 | | show vendor with the number. | 15 | | (d) Approvals issued by the Illinois State Police for the | 16 | | purchase of a firearm or firearm ammunition are valid for 30 | 17 | | days from the date of issue.
| 18 | | (e) (1) The Illinois State Police must act as the Illinois | 19 | | Point of Contact
for the National Instant Criminal Background | 20 | | Check System. | 21 | | (2) The Illinois State Police and the Department of Human | 22 | | Services shall, in accordance with State and federal law | 23 | | regarding confidentiality, enter into a memorandum of | 24 | | understanding with the Federal Bureau of Investigation for the | 25 | | purpose of implementing the National Instant Criminal | 26 | | Background Check System in the State. The Illinois State |
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| 1 | | Police shall report the name, date of birth, and physical | 2 | | description of any person prohibited from possessing a firearm | 3 | | pursuant to the Firearm Owners Identification Card Act or 18 | 4 | | U.S.C. 922(g) and (n) to the National Instant Criminal | 5 | | Background Check System Index, Denied Persons Files.
| 6 | | (3) The Illinois State Police shall provide notice of the | 7 | | disqualification of a person under subsection (b) of this | 8 | | Section or the revocation of a person's Firearm Owner's | 9 | | Identification Card under Section 8 or Section 8.2 of this | 10 | | Act, and the reason for the disqualification or revocation, to | 11 | | all law enforcement agencies with jurisdiction to assist with | 12 | | the seizure of the person's Firearm Owner's Identification | 13 | | Card. | 14 | | (f) The Illinois State Police shall adopt rules not | 15 | | inconsistent with this Section to implement this
system.
| 16 | | (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; | 17 | | 102-813, eff. 5-13-22.)
| 18 | | Section 95. No acceleration or delay. Where this Act makes | 19 | | changes in a statute that is represented in this Act by text | 20 | | that is not yet or no longer in effect (for example, a Section | 21 | | represented by multiple versions), the use of that text does | 22 | | not accelerate or delay the taking effect of (i) the changes | 23 | | made by this Act or (ii) provisions derived from any other | 24 | | Public Act.
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