(430 ILCS 68/5-5)
Sec. 5-5. Definitions. In this Act: "Certified licensee" means a licensee that has previously certified its license with the Illinois State Police
under this Act. "Director" means the Director of the Illinois State Police. "Entity" means any person, firm, corporation, group of individuals, or other legal entity. "Inventory" means firearms in the possession of an individual or entity for the purpose of sale or
transfer.
"License" means a Federal Firearms License authorizing a person or entity to engage in the business of
dealing firearms.
"Licensee" means a person, firm, corporation, or other entity who has been given, and is currently in
possession of, a valid Federal Firearms License. "Retail location" means a store open to the public from which a certified licensee
engages in the business of selling, transferring, or facilitating a sale or transfer of a firearm.
For purposes of this Act, the World Shooting and Recreational Complex, a gun show, or a similar event at which a certified licensee engages in business from time to time is not a retail location.
(Source: P.A. 101-80, eff. 7-12-19; 102-538, eff. 8-20-21; 102-558, eff. 8-20-21.) |
(430 ILCS 68/5-15)
Sec. 5-15. Certification requirement. (a) Beginning 180 days after the effective date of this Act, it is unlawful for a person or entity to engage in the business
of selling, leasing, or otherwise transferring firearms
without a valid certificate of license issued under this Act. In the event that a person or entity maintains multiple licenses to engage in different lines of business requiring different licenses at one location, then the licenses shall be deemed one license for purposes of certification. In the event that a person or entity maintains multiple licenses to engage in business at multiple locations, under the same business name on the license or a different business name on the license, then each license and location must receive its own certification. (b) It is unlawful for a person or entity without first being a certified licensee under this Act to act as if he or she is certified under this Act, to advertise, to assume to act as a certified licensee or to use a title implying that
the person or entity is engaged in business as a
certified licensee
without a license certified under this Act. (c) It is unlawful to obtain or attempt to obtain any
certificate of license under this Act by material misstatement or fraudulent
misrepresentation. Notwithstanding the provisions of Section
5-85, in addition to any penalty imposed under this Section, any
certificate of license obtained under this Act due to
material misstatement or fraudulent misrepresentation shall automatically be revoked.
(d) A person who violates any provision of this Section is
guilty of a Class A misdemeanor for a first violation, and a
Class 4 felony for a second or subsequent violation. (e) In addition to any other penalty provided by law, any
person or entity who violates any provision of this Section
shall pay a civil penalty to the Illinois State Police in an amount not to
exceed $10,000 for each offense, as determined by the Illinois State Police. The civil penalty shall be assessed by the Illinois State Police
after a hearing is held in accordance with Sections 5-95 and 5-100. (f) The Illinois State Police has the authority and power to
investigate any and all unlicensed activity requiring a license certified under this Act. (g) The civil penalty shall be paid within 90 days after
the effective date of the order imposing the civil penalty. The
order shall constitute a judgment and may be filed and
execution had thereon in the same manner as any judgment from
any court of record.
(h) In the event the certification of a certified licensee is revoked, it shall be a violation of this Act for the revoked licensee to seek certification of a license held under a different business name, or to re-open as a certified licensee under another business name using the same license or as the same person or entity doing business under a different business name. (i) The Illinois State Police shall require all of the following information from each applicant for certification under this Act: (1) The name, full business address, and telephone |
| number of the entity. The business address for the entity shall be the complete street address where firearms in the inventory of the entity are regularly stored, shall be located within the State, and may not be a Post Office Box.
|
|
(2) All trade, business, or assumed names used by
|
| the certified licensee by and under which the certified licensee sells, transfers, or facilitates transfers of firearms.
|
|
(3) The type of ownership or operation, such as a
|
| partnership, corporation, or sole proprietorship.
|
|
(4) The name of the owner or operator of the
|
|
(A) if a person, then the name and address of
|
|
(B) if a partnership, then the name and address
|
| of record of each partner and the name of the partnership;
|
|
(C) if a corporation, then the name, address of
|
| record, and title of each corporate officer and each owner of more than 5% of the corporation, the corporate names by and which the certified licensee sells, transfers, or facilitates transfers of firearms, and the name of the state of incorporation; and
|
|
(D) if a sole proprietorship, then the full
|
| name and address of record of the sole proprietor and the name of the business entity.
|
|
(Source: P.A. 102-538, eff. 8-20-21.)
|
(430 ILCS 68/5-20)
Sec. 5-20. Additional licensee requirements. (a) A certified licensee shall make a photo copy of a buyer's or transferee's valid photo identification card whenever a firearm sale transaction takes place. The photo copy shall be attached to the documentation detailing the record of sale. (b) A certified licensee shall post in a conspicuous position on the premises where the licensee conducts business a sign that contains the following warning in block letters not less than one inch in height: "With few exceptions enumerated in the Firearm Owners |
| Identification Card Act, it is unlawful for you to:
|
|
(A) store or leave an unsecured firearm in a
|
| place where a child can obtain access to it;
|
|
(B) sell or transfer your firearm to someone else
|
| without receiving approval for the transfer from the Illinois State Police, or
|
|
(C) fail to report the loss or theft of your
|
| firearm to local law enforcement within 72 hours.".
|
|
This sign shall be created by the Illinois State Police and made available for printing or downloading from the Illinois State Police's website.
(c) No retail location established after the effective date of this Act shall be located within 500 feet of any school, pre-school, or day care facility in existence at its location before the retail location is established as measured from the nearest corner of the building holding the retail location to the corner of the school, pre-school, or day care facility building nearest the retail location at the time the retail location seeks licensure.
(Source: P.A. 102-538, eff. 8-20-21.)
|
(430 ILCS 68/5-25)
Sec. 5-25. Exemptions. The provisions of this Act related
to the certification of a license do not apply to a
person or entity that engages in the following
activities: (1) temporary transfers of firearms solely for use at |
| the location or on the premises where the transfer takes place, such as transfers at a shooting range for use at that location;
|
|
(2) temporary transfers of firearms solely for use
|
| while in the presence of the transferor or transfers for the purposes of firearm safety training by a firearms safety training instructor;
|
|
(3) transfers of firearms among immediate family or
|
| household members, as "immediate family or household member" is defined in Section 3-2.7-10 of the Unified Code of Corrections, provided that both the transferor and transferee have a currently valid Firearm Owner's Identification Card; however, this paragraph (3) does not limit the familial gift exemption under paragraph (2) of subsection (a-15) of Section 3 of the Firearm Owners Identification Card Act;
|
|
(4) transfers by persons or entities acting under
|
| operation of law or a court order;
|
|
(5) transfers by persons or entities liquidating all
|
| or part of a collection. For purposes of this paragraph (5), "collection" means 2 or more firearms which are of special interest to collectors by reason of some quality other than is associated with firearms intended for sporting use or as offensive or defensive weapons;
|
|
(6) transfers of firearms that have been rendered
|
| permanently inoperable to a nonprofit historical society, museum, or institutional collection;
|
|
(7) transfers by a law enforcement or corrections
|
| agency or a law enforcement or corrections officer acting within the course and scope of his or her official duties;
|
|
(8) transfers to a State or local law enforcement
|
| agency by a person who has his or her Firearm Owner's Identification Card revoked;
|
|
(9) transfers of curios and relics, as defined under
|
| federal law, between collectors licensed under subsection (b) of Section 923 of the federal Gun Control Act of 1968;
|
|
(10) transfers by a person or entity licensed as an
|
| auctioneer under the Auction License Act;
|
|
(10.5) transfers of firearms to a resident registered
|
| competitor or attendee or non-resident registered competitor or attendee by a licensed federal firearms dealer under Section 923 of the federal Gun Control Act of 1968 at a competitive shooting event held at the World Shooting and Recreational Complex that is sanctioned by a national governing body; or
|
|
(11) transfers between a pawnshop and a customer
|
| which amount to a bailment. For purposes of this paragraph (11), "bailment" means the act of placing property in the custody and control of another, by agreement in which the holder is responsible for the safekeeping and return of the property.
|
|
(Source: P.A. 100-1178, eff. 1-18-19; 101-80, eff. 7-12-19.)
|
(430 ILCS 68/5-40)
Sec. 5-40. Qualifications for operation. (a) Each certified licensee shall submit with each application for certification or renewal an affidavit to the Illinois State Police stating that each owner, employee, or other agent of the certified licensee who sells or conducts transfers of firearms for the certified licensee is at least 21 years of age, has a currently valid Firearm Owner's Identification Card and, for a renewal, has completed the training required under Section 5-30. The affidavit must also contain the name and Firearm Owner's Identification Card number of each owner, employee, or other agent who sells or conducts transfers of firearms for the certified licensee. If an owner, employee, or other agent of the certified licensee is not otherwise a resident of this State, the certified licensee shall submit an affidavit stating that the owner, employee, or other agent has undergone a background check and is not prohibited from owning or possessing firearms. (b) In addition to the affidavit required under subsection (a), within 30 days of a new owner, employee, or other agent beginning selling or conducting transfers of firearms for the certified licensee, the certified licensee shall submit an affidavit to the Illinois State Police stating the date that the new owner, employee, or other agent began selling or conducting transfers of firearms for the certified licensee, and providing the information required in subsection (a) for that new owner, employee, or other agent. (c) If a certified licensee has a license, certificate, or permit to sell, lease, transfer, purchase, or possess firearms issued by the federal government or the government of any state revoked or suspended for good cause within the preceding 4 years, the Illinois State Police may consider revoking or suspending the certified licenses in this State. In making a determination of whether or not to revoke or suspend a certified license in this State, the Illinois State Police shall consider the number of retail locations the certified licensee or any related person or entity operates in this State or in other states under the same or different business names, and the severity of the infraction in the state in which a license was revoked or suspended. (d) Applications and affidavits required under this Section are not subject to disclosure by the Illinois State Police under the Freedom of Information Act.
(Source: P.A. 102-538, eff. 8-20-21.) |
(430 ILCS 68/5-85)
Sec. 5-85. Disciplinary sanctions. (a) For violations of this Act not penalized under Section
5-15, the Illinois State Police may
refuse to renew or
restore, or may reprimand, place on probation, suspend, revoke,
or take other disciplinary or non-disciplinary action against
any licensee, and may impose a fine commensurate with the severity of the violation not to exceed $10,000 for each
violation for any of the following, consistent with the Protection
of Lawful Commerce in Arms Act, 15 U.S.C. 7901 through 7903:
(1) Violations of this Act, or any law applicable to |
| the sale or transfer of firearms.
|
|
(2) A pattern of practice or other behavior which
|
| demonstrates incapacity or incompetency to practice under this Act.
|
|
(3) Aiding or assisting another person in violating
|
| any provision of this Act or rules adopted under this Act.
|
|
(4) Failing, within 60 days, to provide information
|
| in response to a written request made by the Illinois State Police.
|
|
(5) Conviction of, plea of guilty to, or plea of nolo
|
| contendere to any crime that disqualifies the person from obtaining a valid Firearm Owner's Identification Card.
|
|
(6) Continued practice, although the person has
|
| become unfit to practice due to any of the following:
|
|
(A) Any circumstance that disqualifies the person
|
| from obtaining a valid Firearm Owner's Identification Card or concealed carry license.
|
|
(B) Habitual or excessive use or abuse of drugs
|
| defined in law as controlled substances, alcohol, or any other substance that results in the inability to practice with reasonable judgment, skill, or safety.
|
|
(7) Receiving, directly or indirectly, compensation
|
| for any firearms sold or transferred illegally.
|
|
(8) Discipline by another United States jurisdiction,
|
| foreign nation, or governmental agency, if at least one of the grounds for the discipline is the same or substantially equivalent to those set forth in this Act.
|
|
(9) Violation of any disciplinary order imposed on a
|
| licensee by the Illinois State Police.
|
|
(10) A finding by the Illinois State Police that the
|
| licensee, after having his or her certified license placed on probationary status, has violated the terms of probation.
|
|
(11) A fraudulent or material misstatement in the
|
| completion of an affirmative obligation or inquiry by law enforcement.
|
|
(b) All fines imposed under this Section shall be paid
within 90 days after the effective date of the final order imposing
the fine.
(Source: P.A. 102-538, eff. 8-20-21.)
|
(430 ILCS 68/5-95)
Sec. 5-95. Complaints; investigations; hearings.
(a) The Illinois State Police may investigate the actions of any
applicant or of any person or persons holding or claiming to
hold a license or registration under this Act. (b) The Illinois State Police shall, before disciplining a licensee
under Section 5-85 or refusing to issue a certificate of license, at least 30
days before the date set for the hearing, (i) notify the
accused in writing of the charges made and the time and place
for the hearing on the charges, (ii) direct him or her to file
a written answer to the charges under oath within 20 days after
service, and (iii) inform the licensee that
failure to answer will result in a default being entered
against the licensee. (c) At the time and place fixed in the notice, the Director or
the hearing officer appointed by the Director shall proceed to
hear the charges, and the parties or their counsel shall be
accorded ample opportunity to present any pertinent
statements, testimony, evidence, and arguments. The Director or
hearing officer may continue the hearing from time to time. In
case the person, after receiving the notice, fails to file an
answer, his, her, or its license may, in the discretion of the Director, having first received the recommendation of the Director, be suspended, revoked, or placed on probationary status,
or be subject to whatever disciplinary action the Director considers proper, including limiting the scope, nature, or
extent of the person's business, or the imposition of a fine,
without hearing, if the act or acts charged constitute
sufficient grounds for that action under this Act. (d) The written notice and any notice in the subsequent
proceeding may be served by certified mail to the licensee's
address of record. (e) The Director has the authority to appoint any attorney
licensed to practice law in this State to serve as the hearing
officer in any action for refusal to issue, restore, or renew a
license, or to discipline a licensee. The hearing officer has
full authority to conduct the hearing.
(Source: P.A. 102-538, eff. 8-20-21.) |
(430 ILCS 68/5-100)
Sec. 5-100. Hearing; rehearing. (a) The Director or the hearing officer authorized by the Illinois State Police
shall hear evidence in support of the formal charges
and evidence produced by the licensee. At the conclusion of the
hearing, the Director shall prepare a written
report of his or her findings of fact, conclusions of law, and
recommendations. The report shall contain a finding of whether
the accused person violated this Act or failed to comply with
the conditions required in this Act. (b) At the conclusion of the hearing, a copy of the Director's or hearing officer's report shall be served upon the licensee by the Illinois State Police, either personally or as provided
in this Act, for the service of a notice of hearing. Within 20
calendar days after service, the licensee may
present to the Illinois State Police a motion in writing for a rehearing,
which shall specify the particular grounds for rehearing. The Illinois State Police
may respond to the motion for rehearing within 20
calendar days after its service on the Illinois State Police. If no motion
for rehearing is filed, then upon the expiration of the time
specified for filing such a motion, or upon denial of a motion
for rehearing, the Director may enter an order in accordance
with his or her recommendations or the recommendations of the hearing officer. If
the licensee orders from the reporting service and
pays for a transcript of the record within the time for filing
a motion for rehearing, the 20-day period within which a motion
may be filed shall commence upon the delivery of the transcript
to the licensee. (c) All proceedings under this Section are matters of
public record and shall be preserved. (d) The licensee may continue to operate during the course of an investigation or
hearing, unless the Director finds that the public interest,
safety, or welfare requires an emergency action.
(e) Upon the suspension or revocation of a certificate of license, the
licensee shall surrender the certificate to the Illinois State Police and,
upon failure to do so, the Illinois State Police shall seize the same. However, when the certification of a certified licensee is suspended, the certified licensee shall not operate as a certified licensee during the period in which the certificate is suspended and, if operating during that period, shall be operating in violation of subsection (a) of Section 5-15 of this Act. A person who violates this Section is guilty of a Class A misdemeanor for a first violation, and a Class 4 felony for a second or subsequent violation. In addition to any other penalty provided by law, any person or entity who violates this Section shall pay a civil penalty to the Illinois State Police in an amount not to exceed $2,500 for the first violation, and a fine not to exceed $5,000 for a second or subsequent violation.
(Source: P.A. 102-538, eff. 8-20-21.) |