Full Text of HB4835 93rd General Assembly
HB4835 93RD GENERAL ASSEMBLY
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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 HB4835
Introduced 02/04/04, by George Scully Jr. SYNOPSIS AS INTRODUCED: |
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430 ILCS 65/3 |
from Ch. 38, par. 83-3 |
430 ILCS 65/14 |
from Ch. 38, par. 83-14 |
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Amends the Firearm Owners Identification Card Act. Requires a person who
transfers a firearm or firearm ammunition
to personally inspect the Firearm Owner's Identification Card of the transferee
of the firearm to verify the identity of the
person to whom the firearm or firearm ammunition is being transferred.
Changes penalties for transferring firearms to a person
that the transferor knows or has reasonable cause to believe does not possess a
valid Firearm Owner's Identification Card or by
failing to inspect the Card before the transfer of the firearm. Bases the
penalties on the number of firearms transferred
illegally.
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| CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
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A BILL FOR
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HB4835 |
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LRB093 18002 RLC 43686 b |
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| AN ACT in relation to firearms.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Firearm Owners Identification Card Act is | 5 |
| amended by changing
Sections 3 and 14 as follows:
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| (430 ILCS 65/3) (from Ch. 38, par. 83-3)
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| Sec. 3. (a) Except as provided in Section 3a, no person may | 8 |
| knowingly
transfer, or cause to be transferred, any firearm or
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| any firearm ammunition to any person within this State unless | 10 |
| the
transferee with whom he deals displays a currently valid | 11 |
| Firearm Owner's
Identification Card which has previously been | 12 |
| issued in his name by the
Department of State Police under the | 13 |
| provisions of this Act. In addition,
all firearm transfers by | 14 |
| federally licensed firearm dealers must be in
accordance with
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| are subject to
Section 3.1.
The person transferring the firearm | 16 |
| or firearm ammunition must, at the time
of the transfer, | 17 |
| personally inspect the Firearm Owner's Identification Card to
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| verify the identity of the person to whom the firearm or | 19 |
| firearm ammunition is
being transferred. A person may not be | 20 |
| convicted of failing to inspect a
Firearm Owner's | 21 |
| Identification Card prior to the transfer of a firearm or
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| firearm ammunition to another person if the person proves that | 23 |
| the person to
whom the firearm or firearm ammunition was | 24 |
| transferred possessed a valid
Firearm Owner's Identification | 25 |
| Card at the time of the transfer.
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| (b) Any person within this State who transfers or causes to | 27 |
| be
transferred any firearm must, in a manner and form the | 28 |
| Department of State
Police may by rule prescribe,
shall keep a | 29 |
| record of such transfer for a
period
of 10 years from the date | 30 |
| of transfer. Such record shall contain the date
of the | 31 |
| transfer; the description, serial number or other information
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| identifying the firearm if no serial number is available; the |
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HB4835 |
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LRB093 18002 RLC 43686 b |
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| name and
address of the person to whom the firearm is being | 2 |
| transferred; and, if the
transfer was completed within this | 3 |
| State, the transferee's Firearm Owner's
Identification Card | 4 |
| number. On demand of a peace officer such transferor
shall | 5 |
| produce for inspection such record of transfer.
If the transfer | 6 |
| is completed to a resident of Iowa, Missouri, Indiana,
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| Wisconsin, or Kentucky under subsection (b) of Section 3a of | 8 |
| this Act, the
transferor must keep a record of the transferee's | 9 |
| state driver's license
number
or state identification card | 10 |
| number.
The record of transfer must be made at the time of | 11 |
| transfer. On demand of
a peace officer such transferor
shall | 12 |
| produce for inspection such record of transfer and if the | 13 |
| person is a
dealer, allow the peace officer to inspect all | 14 |
| stock on
hand . If the transferor does not have
each record | 15 |
| available for inspection at the time of the peace officer's | 16 |
| demand
for inspection, the transferor must be given 72 hours to | 17 |
| produce the records
for inspection at a location and time the | 18 |
| peace officer designates in
writing. A person who negligently | 19 |
| fails to keep or produce records as required
by this subsection | 20 |
| (b) is guilty of a Class B misdemeanor. A person who
wilfully | 21 |
| refuses to keep records or produce them as required by this | 22 |
| subsection
(b) must be sentenced as set forth in paragraph (3) | 23 |
| of subsection (d).
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| (b-5) For the purpose of subsection (b), it may be inferred | 25 |
| that a person
wilfully refused to keep or produce records if:
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| (1) the person states that he or she did not transfer | 27 |
| the firearm because
the
firearm was lost or stolen, but | 28 |
| failed to report the firearm lost or stolen
under | 29 |
| subsection (c-5) of this Section;
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| (2) the person states that the
records were lost,
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| stolen, or destroyed, but failed to report the loss, theft, | 32 |
| or
destruction as required by subsection (c-5) of this | 33 |
| Section;
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| (3) the information contained in the records was false; | 35 |
| or
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| (4) in the
absence of evidence to the contrary, the |
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HB4835 |
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LRB093 18002 RLC 43686 b |
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| person's failure to
produce or keep records of the transfer | 2 |
| of a firearm traced to
his or her possession is | 3 |
| unexplained.
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| (b-10) A person may not be
convicted of willful failure to | 5 |
| keep or produce records if the
person proves that the records | 6 |
| the person produced, although
incomplete, were sufficiently | 7 |
| complete so as to enable law
enforcement officers to clearly | 8 |
| identify the person to whom
the firearm was transferred.
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| (c) The provisions of this Section regarding the transfer | 10 |
| of firearm
ammunition shall not apply to those persons | 11 |
| specified in paragraph (b) of
Section 2 of this Act.
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| (c-5)(1) The owner of a firearm must report the loss or
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| theft of a firearm to the law enforcement agency of the
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| municipality or unincorporated area in which he or she
resides | 15 |
| within 72 hours of his or her discovery of the loss or
theft | 16 |
| and keep a record of the time and date of the report
and of the | 17 |
| name of the person and law enforcement agency
to which the | 18 |
| report was made.
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| (2) Any person required to keep records under | 20 |
| subsection (b)
must report the loss, theft, or destruction | 21 |
| of those records
within 72 hours of his or her discovery of | 22 |
| the loss, theft,
or destruction to the law enforcement | 23 |
| agency of the municipality
or unincorporated area in which | 24 |
| he or she resides and keep a
record of the time and date of | 25 |
| the report of the person and
the law enforcement agency to | 26 |
| which the report was made.
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| (3) The information supplied by a person under this
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| subsection (c-5) is not admissible in
any prosecution of | 29 |
| the person making the report under any
municipal or county | 30 |
| ordinance.
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| (4) A person who fails to report the theft, loss, or | 32 |
| destruction
of a firearm or of records required to be kept | 33 |
| is guilty of
a petty offense and may be fined not more than | 34 |
| $50.
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| (5) A person who knowingly makes a false report of the | 36 |
| loss,
theft, or destruction of a firearm or of firearm |
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LRB093 18002 RLC 43686 b |
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| records to any
employee acting on behalf of a law | 2 |
| enforcement agency is guilty
of a Class 4 felony.
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| (c-10) For purposes of this Section, the word "transfer" | 4 |
| means the
selling,
giving away, loaning, pawning (with or | 5 |
| without consideration), of a firearm or
of firearm ammunition. | 6 |
| "Transfer" does not include the temporary delivery of a
firearm | 7 |
| or of firearm ammunition by a person who has a currently valid | 8 |
| Firearm
Owner's Identification Card to a person of the age of | 9 |
| 18 years or over for
inspection of the firearm or firearm | 10 |
| ammunition in the immediate presence of
the transferor where | 11 |
| the transfer of the firearm or firearm ammunition by the
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| transferor and possession of the firearm or firearm ammunition | 13 |
| by the
transferee occur on the transferor's own land or in the | 14 |
| transferor's place of
abode.
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| (c-15) It may be inferred that a person transferred a | 16 |
| firearm or firearm
ammunition when,
in the absence of a | 17 |
| reasonable explanation to the contrary, the firearm or
firearm | 18 |
| ammunition has been traced to the possession of that person and | 19 |
| the
person no longer has possession of the firearm or firearm | 20 |
| ammunition.
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| (d) Sentence. (1)
A person who violates subsection (a) by | 22 |
| transferring or
causing to be transferred in this State any | 23 |
| firearm to a
person he or she knows or has reasonable cause to | 24 |
| believe does not possess a
valid Firearm Owner's Identification | 25 |
| Card or by failing to inspect the Card
before transfer of a | 26 |
| firearm is guilty of a Class 4
felony. A person who commits | 27 |
| more than one violation of subsection (a) as
described in this | 28 |
| Section:
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| (A) is guilty of a Class 3 felony for transfer of not | 30 |
| less than 2 firearms
and
not more than 5 firearms at the | 31 |
| same time or within a one-year period;
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| (B) is guilty of a Class 2 felony for transfer of not | 33 |
| less than 6 firearms
and not more than 10 firearms at the | 34 |
| same time or within a 2-year period;
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| (C) is guilty of a Class 1 felony for
transfer of not | 36 |
| less than 11 firearms and not more than 20 firearms at the
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LRB093 18002 RLC 43686 b |
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| same time or within a 3-year period;
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| (D) is guilty of a Class X felony
for transfer
of more | 3 |
| than 20 firearms at the
same time or within a 4-year | 4 |
| period.
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| (2) A person who violates subsection (a) by transferring or | 6 |
| causing to be
transferred in this State any firearm ammunition | 7 |
| to a person he or she knows or
has reasonable cause to believe | 8 |
| does not possess a currently valid Firearm
Owner's | 9 |
| Identification Card is guilty of a Class A misdemeanor for a | 10 |
| first
conviction, a
Class 4 felony for a second conviction, and | 11 |
| a Class 3 felony for a third or
subsequent conviction.
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| (3) A person who violates subsection (b) by willfully | 13 |
| failing to keep
records of the transfer of a firearm is
guilty | 14 |
| of a Class 4 felony.
A person who willfully fails to keep | 15 |
| records relating to the transfer of more
than one firearm:
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| (A) is guilty of a Class 3 felony for transfer of not | 17 |
| less than 2 firearms
and not more than 5 firearms at the | 18 |
| same time or within a one-year period;
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| (B) is guilty of a Class 2 felony for transfer of not | 20 |
| less than 6 firearms
and not more than 10 firearms at the | 21 |
| same time or within a 2-year period;
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| (C) is guilty of a Class 1 felony for
transfer of not | 23 |
| less than 11 firearms and not more than 20 firearms at the
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| same time or within a 3-year period;
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| (D) is guilty of a Class X felony
for transfer of not | 26 |
| more than 20 firearms at the
same time or within a 4-year | 27 |
| period.
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| (Source: P.A. 92-442, eff. 8-17-01.)
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| (430 ILCS 65/14) (from Ch. 38, par. 83-14)
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| Sec. 14. Sentence.
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| (a) A violation of paragraph (1) of subsection (a) of | 32 |
| Section 2, when the
person's Firearm Owner's
Identification | 33 |
| Card is expired but the person is not otherwise disqualified
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| from renewing the card, is a Class A misdemeanor.
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| (b) Except as provided in subsection (a) with respect to an |
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HB4835 |
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LRB093 18002 RLC 43686 b |
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| expired
card, a violation of paragraph (1) of subsection (a) of | 2 |
| Section 2 is a
Class A misdemeanor when the person does not | 3 |
| possess a currently valid Firearm
Owner's Identification Card, | 4 |
| but is otherwise eligible under this Act. A
second or | 5 |
| subsequent violation is a Class 4 felony.
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| (c) A violation of paragraph (1) of subsection (a) of | 7 |
| Section 2 is a Class
3 felony when:
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| (1) the person's Firearm Owner's Identification Card | 9 |
| is revoked or
subject to revocation under Section 8; or
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| (2) the person's Firearm Owner's Identification Card | 11 |
| is expired and not
otherwise eligible for renewal under | 12 |
| this Act; or
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| (3) the person does not possess a currently valid | 14 |
| Firearm Owner's
Identification Card, and the person is not | 15 |
| otherwise eligible under this
Act.
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| (d) A violation of Section 3 is punishable as provided in | 17 |
| that Section.
A violation of subsection (a) of Section 3 is a | 18 |
| Class 4 felony.
A third or subsequent conviction is a Class 1 | 19 |
| felony.
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| (d-5) Any person who knowingly enters false information on | 21 |
| an application
for a Firearm Owner's Identification Card, who | 22 |
| knowingly gives a false answer
to any question on the | 23 |
| application, or who knowingly submits false evidence in
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| connection with an application is guilty of a Class 2 felony.
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| (e) Except as provided by Section 6.1 of this Act, any | 26 |
| other
violation of this Act is a Class A misdemeanor.
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| (Source: P.A. 91-694, eff. 4-13-00; 92-414, eff. 1-1-02; | 28 |
| 92-442, eff.
8-17-01; 92-651, eff. 7-11-02.)
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