State of Illinois
92nd General Assembly

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 1        AN ACT in relation  to  firearms  dealers  and  gun  show
 2    promoter licensing.

 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:

 5        Section 1. Short title. This Act  may  be  cited  as  the
 6    Firearms Dealer and Gun Show Promoter Licensing Act.

 7        Section 5. Definitions. As used in this Act:
 8        "Department" means the Department of State Police.
 9        "Firearms dealer" means any person who is: (i) engaged in
10    the business of selling firearms at wholesale or retail, (ii)
11    engaged in the business of repairing firearms or of making or
12    fitting  special  barrels,  stocks,  or trigger mechanisms to
13    firearms, (iii) a pawnbroker  whose  business  or  occupation
14    includes  the  taking or receiving, by way of pledge or pawn,
15    of any firearm as security for the payment  or  repayment  of
16    money,  or (iv) any person participating as a vendor at a gun
17    show.
18        "Gun Show" means an event where firearms are offered  for
19    sale  or  transfer  and any grounds, including a flea market,
20    used in connection with the event. "Gun show promoter"  means
21    any  person,  firm,  partnership, corporation or company that
22    organizes, produces, sponsors or operates a gun show  whether
23    for profit or not.
24        "Licensed  dealer"  means  any  firearms  dealer  who  is
25    licensed  under  this  Act  or Section 923 of the federal Gun
26    Control Act of 1968 (18 U.S.C. 923).
27        "Licensed gun show promoter" means any gun show  promoter
28    who is licensed under the Act.
29        "Person" means an individual, firm, association, society,
30    partnership, limited liability company, corporation, or other
31    entity.
                            -2-                LRB9207960RCcd
 1        "Engaged  in  the  business"  means  a person who devotes
 2    time, attention, and labor to engaging  in  the  activity  of
 3    dealing  in firearms as a regular course of trade or business
 4    with the principal objective of livelihood  and  profit,  but
 5    does  not  include  a  person who makes occasional repairs of
 6    firearms, or who occasionally fits special  barrels,  stocks,
 7    or  trigger mechanisms to firearms unless the person conducts
 8    the occasional sale, exchange, or purchase at a gun show.
 9        "With the principal objective of livelihood  and  profit"
10    means  that  the intent underlying the sale or disposition of
11    firearms is predominantly one  of  obtaining  livelihood  and
12    pecuniary  gain;  however,  proof  of  profit  shall  not  be
13    required  as  to  a  person  who  engages  in the regular and
14    repetitive purchase and disposition of firearms for  criminal
15    purposes. Any person participating as a vendor at a gun show,
16    flea  market, or other establishment existing for the purpose
17    of offering for sale to the  public  any  firearm,  shall  be
18    deemed  engaged  in  business with the principal objective of
19    livelihood and profit.
20        "Firearm" has the meaning ascribed to it in  Section  1.1
21    of the Firearm Owners Identification Card Act.

22        Section 10. Unlicensed Gun Show Promoter.
23        (a)  No  person shall produce, promote, sponsor, operate,
24    or otherwise organize a gun show unless that person possesses
25    a  license  from  the  Department.  Unless  the  Department's
26    records indicate that the applicant is  a  person  prohibited
27    from  possessing  firearms,  or  is  otherwise unqualified, a
28    license shall be issued by the  Department  to  an  applicant
29    provided the applicant does all of the following:
30             (1)  Certifies  that  he or she is familiar with the
31        provisions of this Section.
32             (2) Ensures that liability insurance  is  in  effect
33        for  the duration of an event or show in an amount of not
                            -3-                LRB9207960RCcd
 1        less than $1,000,000.
 2        (b)  If during that year the information required by this
 3    Section (a) changes, or additional gun shows or  events  will
 4    be  promoted,  produced,  sponsored,  operated,  or otherwise
 5    organized by the applicant, the  promoter  shall  notify  the
 6    Department  no  later  than  30 days prior to the gun show or
 7    event.
 8        (c)  As used  in  this  Section,  a  "licensed  gun  show
 9    promoter" means a person who has been issued a license by the
10    Department pursuant to subsection (a).
11        (d)  The  Department  shall adopt rules to administer the
12    license program under this Section and shall recover the full
13    costs of  administering  the  program  by  fees  assessed  on
14    applicants  who  apply  for  a  license.  A licensed gun show
15    promoter shall be assessed a fee of $250 by the Department.
16        (d)  Except as otherwise provided in this Act, a gun show
17    promoter's license issued under the provisions  of  this  Act
18    shall  be  valid  for the promoter to whom it is issued for a
19    period of one year from the date of issuance.
20        (e)(1) A willful failure by a gun show promoter to comply
21    with any of the requirements of this Section, except for  the
22    posting  of required signs as required in subsections (l) and
23    (m) of this Section, shall be a business  offense  punishable
24    by  a fine not to exceed $5,000 and shall render the promoter
25    ineligible for a gun show license for one year from the  date
26    of the conviction.
27        (2)  The  willful  failure of a gun show promoter to post
28    signs as required in subsections (l) and (m) of this  Section
29    shall  be  a petty offense punishable by a fine not to exceed
30    $1,000  for  the  first  offense  and  a   business   offense
31    punishable  by  a  fine  not to exceed $2,000 for a second or
32    subsequent  offense,  and  with  respect  to  the  second  or
33    subsequent offense, shall render the promoter ineligible  for
34    a  gun  show  license  for  one  year  from  the  date of the
                            -4-                LRB9207960RCcd
 1    conviction.
 2        (3)  Violations charged pursuant to paragraph (1) or  (2)
 3    of this subsection (e) arising from more than one gun show or
 4    event shall be grounds for suspension of a promoter's license
 5    pending adjudication of the violations.
 6        (4)  During  the  period  which  a  gun  show  promoter's
 7    license  is suspended or revoked under the provisions of this
 8    Act, the Department shall be immune from any civil  liability
 9    that may occur as a result of a cancelled or delayed gun show
10    event.
11        (f)(1)  Prior to the commencement of a gun show or event,
12    the gun show promoter thereof shall,  upon  written  request,
13    within  48 hours, or a later time specified by the requesting
14    law enforcement agency, make available to the requesting  law
15    enforcement  agency  with  jurisdiction  over the facility, a
16    complete and accurate list of all persons, entities,  firearm
17    dealers, and organizations that have leased or rented, or are
18    known  to the promoter to intend to lease or rent, any table,
19    display space, or area at the  gun  show  or  event  for  the
20    purpose  of  selling,  leasing,  or transferring firearms and
21    shall notify all firearm dealers in writing that  a  criminal
22    background check must be completed prior to all firearm sales
23    or transfers.
24        (2)  The promoter shall thereafter, upon written request,
25    for  every  day  the  gun  show  or event operates, within 24
26    hours, or a  later  time  specified  by  the  requesting  law
27    enforcement  agency,  make  available  to  the requesting law
28    enforcement agency with jurisdiction over  the  facility,  an
29    accurate,   complete,   and  current  list  of  the  persons,
30    entities, firearm dealers, and organizations that have leased
31    or rented, or are known to the promoter to intend to lease or
32    rent, any table, display space, or area at the  gun  show  or
33    event  for  the  purpose of selling, leasing, or transferring
34    firearms and shall notify all firearm dealers in writing that
                            -5-                LRB9207960RCcd
 1    a criminal background check must be completed  prior  to  all
 2    firearm sales or transfers.
 3        (3)  This  Section  applies to gun show promoters whether
 4    or not they participate in the entire gun show  or  event  or
 5    only a portion thereof.
 6        (g)(1)  Not  later than 60 days prior to the commencement
 7    of a gun show or event, the gun show promoter  shall  provide
 8    an  event  schedule  of  the  gun  show the promoter plans to
 9    promote, produce, sponsor,  operate,  or  otherwise  organize
10    during  the  year  for which the license is issued, including
11    the date, time, and location of the gun show or event, to the
12    Department and the law enforcement agency  with  jurisdiction
13    over  the  facility.  The  promoter  shall  prepare  an event
14    schedule that shall include, at a minimum, the following:
15             (i)  The type of show or event  including,  but  not
16        limited to, antique or general firearms.
17             (ii)  The   estimated  number  of  firearm  dealers,
18        including name under which each dealer is doing business,
19        offering firearms for sale or display.
20             (iii)  The estimated number of attendees.
21             (iv)  The number of entrances and exits at  the  gun
22        show or event site.
23             (v)  The  location,  date,  and  time of the show or
24        event.
25             (vi)  The contact person and  telephone  number  for
26        both the promoter and the facility.
27             (vii) The number of sworn peace officers employed by
28        the  promoter  or  the  facilities  manager  who  will be
29        present at the show or event.
30             (viii) The number  of  nonsworn  security  personnel
31        employed  by  the  promoter or the facility's manager who
32        will be present at the show or event.
33        (2)  Not later than 30 days prior to the commencement  of
34    the  gun  show  or  event,  the  promoter shall submit to the
                            -6-                LRB9207960RCcd
 1    Department, the law enforcement agency with jurisdiction over
 2    the facility site, and the facility's manager a revised event
 3    schedule if significant changes  have  been  made  since  the
 4    event  schedule  was  submitted,  including a revised list of
 5    firearm dealers that the promoter knows, or reasonably should
 6    know,  will  be   renting   tables,   space,   or   otherwise
 7    participating  in  the  gun show or event. The event schedule
 8    shall be approved by the  facility's  manager  prior  to  the
 9    event  or  show  after  consultation with the law enforcement
10    agency with jurisdiction over the facility. No  gun  show  or
11    event   shall   commence  unless  the  requirements  of  this
12    paragraph (2) are met.
13        (h)  The promoter  shall  be  responsible  for  informing
14    prospective  gun  show firearm dealers of the requirements of
15    this Section and of Section 15 that apply to firearm dealers.
16        (i)  If a licensed firearms  dealer  fails  to  cooperate
17    with  a  promoter  or  fails  to  comply  with the applicable
18    requirements of this Act, that person shall not be allowed to
19    participate in that show or event.
20        (j) If a promoter fails to comply  with  any  Section  of
21    this  Act,  the  gun  show  or event shall not commence until
22    those requirements are met.
23        (k)  All promoters shall have written contracts with  all
24    gun  show  firearm  dealers selling or exchanging firearms at
25    the show or event.
26        (l)  The promoter shall require that signs be posted in a
27    readily visible location at each public entrance to the  show
28    containing, but not limited to, the following notices:
29        "This  gun  show  follows  all  federal, State, and local
30    firearms and weapons laws without exception."
31        "Each firearm carried onto the premises by members of the
32    public will  be  checked,  cleared  of  any  ammunition,  and
33    secured  in  a  manner that prevents them from being operated
34    and an identification tag or sticker will be attached to  the
                            -7-                LRB9207960RCcd
 1    firearm  prior  to the person being allowed admittance to the
 2    show."
 3        "No member of the public under the age of 18 years  shall
 4    be  admitted  to  the  show  unless  accompanied by a parent,
 5    grandparent, or legal guardian."
 6        "All firearms transfers between private  parties  at  the
 7    show  shall  be conducted through a licensed dealer under the
 8    provisions of this Act and applicable federal laws."
 9        "Persons possessing firearms on this facility  must  have
10    in   their   immediate   possession  government-issued  photo
11    identification and display it upon request  to  any  security
12    officer or any peace officer."
13        (m)  The promoter shall require that signs be posted in a
14    readily visible location at each public entrance to the  show
15    and within the facility containing the following notice:
16        "A  National  Instant  Criminal  Background Check must be
17    completed prior to all firearm sales or transfers".
18        (n)  Signs must be posted at all  entrances  to  the  gun
19    show,  at  all places where admission tickets to the gun show
20    are sold, and at not less than 4 additional locations  within
21    the grounds of the gun show.

22        Section  15.  Unlicensed firearms dealer; prohibition. No
23    person may sell or otherwise transfer, or expose for sale  or
24    transfer,  or  have  in  his or her possession with intent to
25    sell or transfer any firearm  without  being  licensed  under
26    this  Act.  This  prohibition  does not apply to a person who
27    makes occasional sales, exchanges, or purchases  of  firearms
28    for the enhancement of a personal collection or as a hobby or
29    who  sells  all  or part of his or her personal collection of
30    firearms unless the  person  conducts  the  occasional  sale,
31    exchange, or purchase at a gun show.

32        Section   20.   Firearm   dealers   license  application;
                            -8-                LRB9207960RCcd
 1    requirements; penalty.
 2        (a)  The Department may grant a firearms  dealer  license
 3    to an applicant who submits evidence that:
 4        (1)  he or she is at least 21 years of age;
 5        (2)  he  or  she, including in the case of a corporation,
 6    partnership,  or  association,  an   individual   possessing,
 7    directly  or  indirectly,  the  power  to direct or cause the
 8    direction of the management and policies of the  corporation,
 9    partnership, or association:
10             (i)  has  not  been  convicted  of  and is not under
11        indictment for a crime punishable by imprisonment  for  a
12        term exceeding one year;
13             (ii) is not a fugitive from justice;
14             (iii)  is  not  and has not been an unlawful user of
15        or addicted to a controlled substance or cannabis;
16             (iv)  has not been adjudicated as a disabled  person
17        or committed to a mental institution;
18             (v)  is  not  an  alien, illegally or unlawfully, in
19        the United States;
20             (vi)  has not been discharged from the Armed  Forces
21        under dishonorable conditions; or
22             (vii)  is  not a former citizen of the United States
23        who has renounced his or her citizenship; and
24        (3)  he or she does not  have  a  mental  condition  that
25    poses  a  clear  and present danger to the applicant, another
26    person, or to the community. For purposes of  this  paragraph
27    (3),  "mental  condition" means a state of mind manifested by
28    violent, suicidal, threatening, or assaultive behavior.
29        (b)  An application for a firearms dealer  license  shall
30    be made on forms prepared and furnished by the Department and
31    the   applicant  shall  appear  in  person  at  a  local  law
32    enforcement agency,  and  before  receiving  an  application,
33    present   positive   evidence  of  identification  to  a  law
34    enforcement officer, including but not  limited  to  a  valid
                            -9-                LRB9207960RCcd
 1    driver's  license  or  identification card; which application
 2    shall be signed by the  local  law  enforcement  agency.  The
 3    application shall be verified by the applicant under oath and
 4    shall be accompanied by the required fee.
 5        (c)  The  applicant  shall  submit  to  the  Department a
 6    license fee of $1,000.
 7        (d)  The applicant  shall  submit  to  fingerprinting  in
 8    accordance with rules adopted by the Department and shall pay
 9    a  fingerprint  processing  fee  in  the  amount  set  by the
10    Department by rule.
11        (e)(1)  The  application   shall   include   a   suitable
12    photograph of a type prescribed by the Department.
13        (2)  The  Department shall maintain a file on or contract
14    to file  all  photographs  and  signatures  obtained  in  the
15    process  of issuing a license. The photographs and signatures
16    shall be confidential and shall not be  disclosed  except  to
17    the following persons:
18             (i)  the individual upon written request;
19             (ii)  officers  and  employees of the Department who
20        have a need to have  access  to  the  stored  images  for
21        purposes of issuing and controlling a license;
22             (iii)  law enforcement officials for a lawful, civil
23        or criminal law enforcement investigation; or
24             (iv)  other entities as the Department may exempt by
25        rule.
26        (f)  A person who knowingly makes a  false  statement  or
27    knowingly  conceals a material fact or uses false information
28    or identification in any application for a license under this
29    Act commits a Class A misdemeanor.
30        (g)  Except as otherwise provided in this Act, a firearms
31    dealer's license issued under  the  provisions  of  this  Act
32    shall  be  valid for the firearms dealer to whom it is issued
33    for a period of one year from the  date  of  issuance  unless
34    revoked,  suspended, or otherwise withdrawn by the Department
                            -10-               LRB9207960RCcd
 1    or until it is surrendered by the licensee.

 2        Section   25.   Firearm   dealers   license    retention;
 3    requirements.
 4        (a)  A license granted under this Act shall be subject to
 5    all of the following requirements:
 6             (1)  A licensed dealer shall only transact  business
 7        under   this   Act  at  an  address  that  has  a  zoning
 8        classification that permits the  operation  of  a  retail
 9        establishment.
10             (2)  A  licensed dealer may not transact business in
11        any place other than the premises specified in his or her
12        license, except that a licensed dealer may display, sell,
13        or transfer firearms at a gun show open  to  the  general
14        public  or  at  any  regular  meeting  of an incorporated
15        collectors club in accordance with this Act  and  federal
16        law.
17             (3)   A   licensed  dealer  shall  not  violate  any
18        provision of any federal or State law pertaining  to  the
19        possession, use, sale, or delivery of firearms.
20             (4)  A  licensed dealer shall strictly adhere to the
21        provisions of all applicable federal and State  laws  and
22        local ordinances and local business license requirements.
23             (5)  A  separate  license shall be obtained for each
24        separate place of  business.  Before  a  licensed  dealer
25        moves  his  or  her  place  of  business, he or she shall
26        promptly apply to the Department for an amended license.
27             (6) The license, or a copy of the license  certified
28        by  the Department, shall be displayed on the premises at
29        a location where it can easily be read.
30             (7) No firearm  shall  be  displayed  in  any  outer
31        window of the premises or in any other place where it can
32        readily be seen from the outside.
33             (8)  Every firearm shall be unloaded when delivered.
                            -11-               LRB9207960RCcd
 1             (9)  A   licensee  shall  obtain  a  certificate  of
 2        registration issued under the Retailers'  Occupation  Tax
 3        Act.
 4             (10)  No  licensee  within  this State may knowingly
 5        transfer, or cause to be transferred, any firearm or  any
 6        firearm ammunition to any person within this State unless
 7        the  transferee  with  whom  he  or  she deals displays a
 8        currently valid Firearm Owner's Identification Card which
 9        has previously been issued in his name by the  Department
10        of  State  Police.  The  licensee  shall  take reasonable
11        precautions to ensure  that  the  firearms  the  licensee
12        sells will not be used illegally. These precautions shall
13        include, but not be limited to: (i) the refusal to sell a
14        firearm  to  a person the licensee knows or has reason to
15        know is purchasing  the  firearm  on  behalf  of  another
16        person  who  could not legally purchase the firearm; (ii)
17        the refusal to  sell  a  firearm  to  a  person  who  has
18        provided  a  home  address in a municipality or county in
19        which possession of that  type  of  firearm  is  illegal;
20        (iii)  the  refusal  to  sell a firearm to any person who
21        fails a criminal background check under  Section  3.1  of
22        the  Firearm  Owners  Identification Card Act relating to
23        the Department of State Police Dial Up system.
24             (11)  The  licensee   shall   make   available   the
25        licensee's  records  to  any  officer  or employee of the
26        Department or of  any  local  government  in  this  State
27        whenever the officer or employee is authorized to enforce
28        laws or ordinances pertaining to firearms.
29             (12)  The licensee shall have in effect at all times
30        liability insurance in the amount of at least  $1,000,000
31        that  insures  the  payment  of  any judgment against the
32        licensee.

33        Section 30. Enforcement;  revocation;  notice.  This  Act
                            -12-               LRB9207960RCcd
 1    shall be enforced by the Department, and may be enforced, for
 2    the  purpose  of determining compliance with this Act, by any
 3    municipality in which the licensee  is  located  or,  if  the
 4    licensee  is  not located in a municipality, by the county in
 5    which the licensee is  located.  The  Department,  after  due
 6    notice  to  the  licensee  and reasonable opportunity for the
 7    licensee to be heard, may revoke a license or may  suspend  a
 8    license  for  a  period  of time that the Department may deem
 9    proper upon satisfactory proof that the licensee has violated
10    or permitted a violation of any requirement of this Act or is
11    no longer eligible to obtain a license under  Section  15.  A
12    person  whose  license  has been revoked by the Department is
13    disqualified to receive a license  for  10  years  after  the
14    revocation.  Any person who has substantially participated in
15    the operation or management of the  licensed  business  of  a
16    licensee  who  has  had his or her license revoked may not be
17    employed by or participate  in  the  business  of  any  other
18    licensee  for  10 years after the revocation. Proceedings for
19    revocation or suspension under this Section may be  initiated
20    by the Department or by a municipality or county.

21        Section 35. Registration of Sales.
22        (a)  A  licensed  dealer  shall,  within  24  hours after
23    making a sale or transfer of a firearm  to  any  person,  (i)
24    transmit   a  register  of  that  sale  or  transfer  to  the
25    Department of State Police and to the Illinois  Secretary  of
26    State,  (ii)  keep  a  register of all firearms sold or given
27    away.
28        (b) Such register shall contain the date of the  sale  or
29    gift,  the  name,  address,  age, occupation, and the Firearm
30    Owner's Identification Card number of the person to whom  the
31    firearm  is  sold,  given,  or  transferred, the price of the
32    firearm, the kind, description,  and  serial  number  of  the
33    firearm or other information identifying the firearm, and the
                            -13-               LRB9207960RCcd
 1    purpose for which it is purchased and obtained.
 2        (c)  A licensed dealer shall, upon demand by any State or
 3    federal law enforcement agency, produce  for  inspection  the
 4    register  and  allow  such  peace  officer  to  inspect  such
 5    register and all stock on hand.
 6        (d)  Sentence.  Violation of this subsection is a Class A
 7    misdemeanor.

 8        Section 40. Penalty. Any firearms dealer  who  sells,  or
 9    who  possesses  with  intent to sell, trade, or transfer, any
10    firearm without being licensed under this Act is guilty of  a
11    Class 4 felony.

12        Section   45.  Attorney  General  action.   Whenever  the
13    Attorney General shall believe from evidence satisfactory  to
14    him  or  her  that a firearms dealer or gun show promoter has
15    violated any of the provisions  of  this  Act,  the  attorney
16    general  may  bring  an  action  or special proceeding in the
17    circuit court  with  jurisdiction  of  the  violation  for  a
18    judgment  enjoining the continuance of such violation and for
19    a civil penalty in an amount not to  exceed  $10,000.  If  it
20    shall  appear  to  the  satisfaction  of  the  court that the
21    defendant has violated a provision  of  this  Act,  no  proof
22    shall  be  required  that any person has been injured thereby
23    nor that the defendant intentionally violated such provision.
24    In  connection  with  any  such  proposed  application,   the
25    Attorney General is authorized to take proof, issue subpoenas
26    and  administer  oaths  in  the  manner provided in the civil
27    practice law and rules.

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