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92_HB0403ham002
LRB9202760RCcdam02
1 AMENDMENT TO HOUSE BILL 403
2 AMENDMENT NO. . Amend House Bill 403, AS AMENDED, by
3 inserting after the enacting clause the following:
4 "Section 1. Short title. This Act may be cited as the
5 Firearms Retail Sale Licensing Act.
6 Section 5. Definitions. In this Act:
7 "Adjudicated as a disabled person" means adjudicated as a
8 disabled person under the Probate Act of 1975 or the laws of
9 another state.
10 "BATF" means the Bureau of Alcohol, Tobacco and Firearms
11 of the United States Department of the Treasury.
12 "Cannabis" has the meaning ascribed to it in the Cannabis
13 Control Act.
14 "Controlled substance" has the meaning ascribed to it in
15 the Illinois Controlled Substances Act.
16 "Crime punishable by imprisonment for a term exceeding
17 one year" does not include:
18 (A) any federal or State offenses pertaining to
19 antitrust violations, unfair trade practices, restraints
20 of trade, or other similar offenses relating to the
21 regulation of business practices, or
22 (B) any State offense classified by the laws of the
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1 State as a misdemeanor and punishable by a term of
2 imprisonment of 2 years or less. What constitutes a
3 conviction of such a crime must be determined in
4 accordance with the law of the jurisdiction in which the
5 proceedings were held. Any conviction which has been
6 expunged, or set aside or for which a person has been
7 pardoned or has had civil rights restored must not be
8 considered a conviction for purposes of this Act, unless
9 such pardon, expungement, or restoration of civil rights
10 expressly provides that the person may not ship,
11 transport, possess, or receive firearms.
12 "Department" means the Department of State Police.
13 "Dealer" means:
14 (A) any person engaged in the business of selling
15 firearms at wholesale or retail,
16 (B) any person engaged in the business of repairing
17 firearms or of making or fitting special barrels, stocks,
18 or trigger mechanisms to firearms, or
19 (C) any person who is a pawnbroker.
20 "Licensed dealer" means any dealer who is licensed under
21 the provisions of this Act.
22 "Pawnbroker" means any person whose business or
23 occupation includes the taking or receiving, by way of pledge
24 or pawn, of any firearm as security for the payment or
25 repayment of money.
26 "Engaged in the business", as applied to a dealer in
27 firearms, means a person who devotes time, attention, and
28 labor to engaging in such activity as a regular course of
29 trade or business with the principal objective of livelihood
30 and profit, but such term does not include a person who makes
31 occasional repairs of firearms or who occasionally fits
32 special barrels, stocks, or trigger mechanisms to firearms,
33 as defined in Section 921 (a)(11)(B) of the federal Gun
34 Control Act of 1968.
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1 "With the principal objective of livelihood and profit"
2 means that the intent underlying the sale or disposition of
3 firearms is predominantly one of obtaining livelihood and
4 pecuniary gain, as opposed to other intents, such as
5 improving or liquidating a personal firearms collection;
6 provided that proof of profit is not required as to a person
7 who engages in the regular and repetitive purchase and
8 disposition of firearms for criminal purposes or terrorism.
9 "Firearm" has the meaning ascribed to it in Section 1.1
10 of the Firearm Owners Identification Card Act.
11 "Handgun" has the meaning ascribed to it in paragraph
12 (h)(2) of subsection (A) of Section 24-3 of the Criminal Code
13 of 1961.
14 "Fugitive from justice" means any person who has fled
15 from any State to avoid prosecution for a crime or to avoid
16 giving testimony in any criminal proceeding.
17 "Indictment" means an indictment or information in any
18 court under which a crime punishable by imprisonment for a
19 term exceeding one year may be prosecuted.
20 "Licensed dealer" means any firearm dealer who is
21 required to be licensed under both this Act and Section 923
22 of the federal Gun Control Act of 1968 (18 U.S.C. 923).
23 "Mental condition" means having been adjudicated by the
24 State as having a state of mind manifested by violent,
25 suicidal, threatening or assaultive behavior.
26 "Multiple handgun sale" means the sale of 2 or more
27 handguns to the same person within 5 business days by the
28 same licensed dealer.
29 "Person" means any individual, corporation, company,
30 association, firm, partnership, society, or joint stock
31 company.
32 Section 10. Unlicensed firearms dealer; prohibition. No
33 person, required to be licensed under this Act, may knowingly
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1 sell or otherwise transfer, expose for sale or transfer, or
2 have in his or her possession with intent to sell or transfer
3 any firearm without being licensed under this Act. This
4 prohibition does not apply to a person who makes occasional
5 sales, exchanges, or purchases of firearms for the
6 enhancement of a personal collection or as a hobby, who sells
7 all or part of his or her personal collection of firearms, or
8 who is not required to be licensed under this Act or Section
9 921(a)(21) of the Gun Control Act of 1968 (18 U.S.C.
10 921(a)(21).
11 Section 15. License application; requirements.
12 (a) Each applicant for a firearms dealer license must:
13 (1) Make application on blank forms prepared and
14 furnished at convenient locations throughout the State
15 by the Department of State Police; and
16 (2) Submit evidence under penalty of perjury to the
17 Department of State Police that:
18 (i) The applicant is 21 years of age or over;
19 or
20 (ii) In the case of a corporation,
21 partnership, or association, an individual
22 possessing, directly or indirectly, the power to
23 direct or cause the direction of management and
24 policies of the corporation, partnership, or
25 association:
26 (A) has not been convicted of a felony
27 under the laws of this or any other
28 jurisdiction;
29 (B) has not been convicted of and is not
30 under indictment for a crime punishable by
31 imprisonment for a term exceeding one year;
32 (C) is not a fugitive from justice;
33 (D) is not addicted to narcotics, a
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1 controlled substance, or cannabis;
2 (E) has not been adjudicated as a
3 disabled person or committed to a mental
4 institution and does not have a mental
5 condition that poses a clear and present danger
6 to the applicant, another person, or the
7 community.
8 (F) is not an alien who is illegally or
9 unlawfully present in the United States under
10 the laws of the United States;
11 (G) is not a former citizen of the United
12 States who has renounced his or her
13 citizenship;
14 (b) The provisions of subdivision (a)(2)(ii) do not
15 apply to a person who has been granted relief from
16 disabilities under subsection (c) of Section 925 of Title 18
17 of the United States Code or to a licensed dealer who is
18 indicted if, before the expiration of the term of the
19 existing license, timely application is made for a new
20 license during the term of indictment and until any
21 conviction under the indictment becomes final.
22 (c) The applicant must submit a full set of legible
23 fingerprints on forms prescribed by the Department.
24 (d) The applicant must have in the State premises from
25 which he or she conducts business subject to a license under
26 this Act or from which he or she intends to conduct such
27 business within a reasonable period of time. This subsection
28 (d) does not apply to a federally licensed firearm dealer
29 whose primary place of business is located in another state.
30 The applicant must certify that the business to be
31 conducted under the license is not prohibited under local law
32 where the licensed premise is located.
33 (e) The applicant must submit to the Department an
34 application fee of $150.
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1 (f) A license granted under this Act expires 3 years
2 from its date of issue.
3 (g) No later than 30 days after the filing of a proper
4 application and appropriate fee, submitted under Section 15
5 of this Act, the Department must issue a license to the
6 applicant that entitles the licensee to transport, ship,
7 receive, and sell firearms and firearm ammunition during the
8 period stated in the license. Nothing in this Act shall be
9 construed to prohibit a licensed dealer from maintaining and
10 disposing of a personal collection of firearms or firearms
11 ammunition, subject only to the restrictions that apply in 18
12 U.S.C. 923 of the Gun Control Act of 1968 and the Firearm
13 Owners Identification Card Act.
14 Section 20. License retention.
15 (a) A person licensed under this Act must at all times
16 have in effect a valid license issued by the United States
17 Treasury Bureau of Alcohol, Tobacco and Firearms under 18
18 U.S.C. 923 of the Gun Control Act of 1968.
19 (b) Business will not be conducted under a license until
20 the requirements of local zoning ordinances have been met.
21 (c) A licensed dealer may not knowingly violate any
22 provision of federal and State laws pertaining to the
23 acquisition, sale, or transfer of firearms or firearms
24 ammunition.
25 (d) Licensed dealers must participate in the dial up
26 system as provided in Section 3.1 of the Firearm Owners
27 Identification Card Act.
28 (e) Licensed dealers may display, sell, or transfer
29 firearms or transact business at gun shows open to the
30 general public or at any regular meeting or banquet of an
31 incorporated collectors club, association, or membership
32 organization in accordance with this Act and federal law.
33 (f) A separate license must be obtained for each
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1 separate place of business. However, nothing in this Section
2 must require a separate or additional license for a licensed
3 dealer conducting business in accordance with item (e) of
4 this Section at gun shows open to the general public or at
5 any regular meeting or banquet of an incorporated collectors
6 club, association, or membership organization.
7 (g) The license or a copy of the license issued by the
8 Department must be displayed on the premise at a location
9 where it can easily be read.
10 (h) The licensee must obtain a certificate of
11 registration issued under the Retailers' Occupation Tax Act.
12 Section 25. Enforcement; hearings; suspension;
13 revocation; notice.
14 (a) This Act must be enforced by the Department for the
15 purpose of determining compliance with this Act. The
16 Department may conduct one unannounced compliance inspection
17 per year. Inspections may not disrupt the normal business
18 operations of the licensee.
19 (b) The Department, after 30 days notice to the licensee
20 and reasonable opportunity for the licensee to be heard, may
21 revoke a license or may suspend a license up to one year upon
22 satisfactory proof that the licensee has violated or
23 permitted a violation of any requirement of this Act or is no
24 longer eligible to obtain a license under Section 15. A
25 person whose license has been revoked by the Department is
26 disqualified to receive a license for 5 years after the
27 revocation. Proceedings for revocation or suspension under
28 this Section may only be initiated by the Department.
29 Section 30. Submission to the Department;
30 (a) Within 48 hours of discovering evidence of a
31 break-in at a licensee's place of business listed on his or
32 her license, he or she must report the incident to the
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1 Department.
2 (b) Within 48 hours of discovering evidence of a theft
3 or loss of firearms or ammunition from his or her inventory,
4 the licensee must report the incident to the Department.
5 (c) Within 48 hours of discovering evidence of a lost or
6 stolen shipment of firearms or firearms ammunition, the
7 licensee must report the incident to the Department.
8 (d) Within 7 days of making a sale of multiple handguns,
9 the licensee must forward a copy of the multiple purchase
10 form to the Department. Unless required for a open criminal
11 investigation, the Department must destroy any and all
12 records or copies pertaining to the multiple purchase form
13 with in 30 days. All records maintained by the licensee are
14 the property of the licensee and may not be removed from his
15 or her property without the licensee's consent or by court
16 order.
17 Section 35. Penalties
18 (a) A person who knowingly makes a false statement or
19 knowingly conceals a material fact or uses false information
20 or identification in any application for a license under this
21 Act commits a Class A misdemeanor.
22 (b) A person who is engaged in the business of selling
23 firearms or ammunition without a license under this Act
24 commits a Class A misdemeanor for the first offense. A second
25 or subsequent offense is a Class 4 felony. In any other
26 action or proceeding under the provisions of this Act, the
27 court, when it finds that such action was without foundation
28 or was initiated vexatiously, frivolously, or in bad faith
29 must allow the prevailing party, other than the State or unit
30 of local government, a reasonable attorney's fee, and the
31 State or unit of local government which brought such action
32 must be liable therefor.
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1 Section 40. Exemptions. The following persons are not
2 required to be licensed under this Act:
3 (1) Persons considered licensed collectors by the BATF.
4 (2) Any person who is not engaged in the business."; and
5 by renumbering "Section 5" as "Section 105"; and
6 by replacing subsection (d) of Sec. 24-3.1 of the renumbered
7 Section 105 with the following:
8 "(d) A unit of local government, including a home rule
9 unit, may not regulate the acquisition, possession,
10 transportation, storage, purchase, sale, or other dealing in
11 rifles and shotguns, and may not regulate ammunition,
12 components, accessories, or accoutrements for rifles and
13 shotguns and these regulations are exclusive powers and
14 functions of the State. This Section is a denial and
15 limitation of home rule powers and functions under subsection
16 (h) of Section 6 of Article VII of the Illinois
17 Constitution."; and
18 by replacing Section 99 with the following:
19 "Section 999. Effective date. This Act takes effect
20 upon becoming law, except that the Firearms Retail Sale
21 Licensing Act takes effect July 1, 2002.".