100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 HB2720

Introduced , by Rep. Kelly M. Cassidy

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`

Amends the Firearm Owners Identification Card Act. Provides that a person who is not a federally licensed importer, manufacturer, or dealer and who desires to sell or transfer a firearm of a size that may be concealed upon the person to another person, who is not a federally licensed importer, manufacturer, or dealer, shall do so only at the place of business of a federally licensed firearm dealer. Provides that the federally licensed firearm dealer shall conduct a background check on the prospective recipient of the firearm and follow all other applicable federal, State, and local laws as if he or she were the seller of the firearm. Provides that the purchaser or transferee may be required by the federally licensed firearm dealer to pay a fee not to exceed $10 per firearm, plus other authorized fees. Makes exceptions for (i) the transfer of a firearm between spouses, a parent and child, or other family members, (ii) transfers by persons acting pursuant to operation of law or a court order, or (iii) transfers on the grounds of a gun show. Provides that the Department of State Police shall develop an Internet based system for individuals to request the Department of State Police to conduct an instant criminal background check prior to the sale or transfer of a handgun. Provides that the Department of State Police shall have the system completed and available for use by July 1, 2018.

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FISCAL NOTE ACT MAY APPLY

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 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 Department of State Police under the provisions of this Act; or

14 (2) a currently valid license to carry a concealed firearm

15 which has previously been issued in his or her name by the

16 Department of State Police under the Firearm Concealed Carry

17 Act. In addition, all firearm, stun gun, and taser transfers by

18 federally licensed firearm dealers are subject to Section 3.1.

19 (a-5) Any person who is not a federally licensed firearm

20 dealer and who desires to transfer or sell a firearm while that

21 person is on the grounds of a gun show must, before selling or

22 transferring the firearm, request the Department of State

23 Police to conduct a background check on the prospective

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1 recipient of the firearm in accordance with Section 3.1.

2 (a-10) Notwithstanding item (2) of subsection (a) of this

3 Section, any person who is not a federally licensed firearm

4 dealer and who desires to transfer or sell a firearm or

5 firearms to any person who is not a federally licensed firearm

6 dealer shall, before selling or transferring the firearms,

7 contact the Department of State Police with the transferee's or

8 purchaser's Firearm Owner's Identification Card number to

9 determine the validity of the transferee's or purchaser's

10 Firearm Owner's Identification Card. This subsection shall not

11 be effective until January 1, 2014. The Department of State

12 Police may adopt rules concerning the implementation of this

13 subsection. The Department of State Police shall provide the

14 seller or transferor an approval number if the purchaser's

15 Firearm Owner's Identification Card is valid. Approvals issued

16 by the Department for the purchase of a firearm pursuant to

17 this subsection are valid for 30 days from the date of issue.

18 (a-15) The provisions of subsection (a-10) of this Section

19 do not apply to:

20 (1) transfers that occur at the place of business of a

21 federally licensed firearm dealer, if the federally

22 licensed firearm dealer conducts a background check on the

23 prospective recipient of the firearm in accordance with

24 Section 3.1 of this Act and follows all other applicable

25 federal, State, and local laws as if he or she were the

26 seller or transferor of the firearm, although the dealer is

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1 not required to accept the firearm into his or her

2 inventory. The purchaser or transferee may be required by

3 the federally licensed firearm dealer to pay a fee not to

4 exceed $10 per firearm, which the dealer may retain as

5 compensation for performing the functions required under

6 this paragraph, plus the applicable fees authorized by

7 Section 3.1;

8 (2) transfers as a bona fide gift to the transferor's

9 husband, wife, son, daughter, stepson, stepdaughter,

10 father, mother, stepfather, stepmother, brother, sister,

11 nephew, niece, uncle, aunt, grandfather, grandmother,

12 grandson, granddaughter, father-in-law, mother-in-law,

13 son-in-law, or daughter-in-law;

14 (3) transfers by persons acting pursuant to operation

15 of law or a court order;

16 (4) transfers on the grounds of a gun show under

17 subsection (a-5) of this Section;

18 (5) the delivery of a firearm by its owner to a

19 gunsmith for service or repair, the return of the firearm

20 to its owner by the gunsmith, or the delivery of a firearm

21 by a gunsmith to a federally licensed firearms dealer for

22 service or repair and the return of the firearm to the

23 gunsmith;

24 (6) temporary transfers that occur while in the home of

25 the unlicensed transferee, if the unlicensed transferee is

26 not otherwise prohibited from possessing firearms and the

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1 unlicensed transferee reasonably believes that possession

2 of the firearm is necessary to prevent imminent death or

3 great bodily harm to the unlicensed transferee;

4 (7) transfers to a law enforcement or corrections

5 agency or a law enforcement or corrections officer acting

6 within the course and scope of his or her official duties;

7 (8) transfers of firearms that have been rendered

8 permanently inoperable to a nonprofit historical society,

9 museum, or institutional collection; and

10 (9) transfers to a person who is exempt from the

11 requirement of possessing a Firearm Owner's Identification

12 Card under Section 2 of this Act.

13 (a-20) The Department of State Police shall develop an

14 Internet-based system for individuals to determine the

15 validity of a Firearm Owner's Identification Card prior to the

16 sale or transfer of a firearm. The Department shall have the

17 Internet-based system completed and available for use by July

18 1, 2015. The Department shall adopt rules not inconsistent with

19 this Section to implement this system.

20 (a-25) Any person who is not a federally licensed importer,

21 manufacturer, or dealer and who desires to sell or transfer a

22 firearm of a size that may be concealed upon the person to

23 another person, who is not a federally licensed importer,

24 manufacturer, or dealer, shall do so only at the place of

25 business of a federally licensed firearm dealer. The federally

26 licensed firearm dealer shall conduct a background check on the

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1 prospective recipient of the firearm in accordance with Section

2 3.1 of this Act and follow all other applicable federal, State,

3 and local laws as if he or she were the seller of the firearm.

4 The purchaser or transferee may be required by the federally

5 licensed firearm dealer to pay a fee not to exceed $10 per

6 firearm, which the dealer may retain as compensation for

7 performing the functions required under this subsection, plus

8 the applicable fees authorized by Section 3.1.

9 The provisions of this subsection (a-25) do not apply to:

10 (1) transfers to the transferor's husband, wife, son,

11 daughter, stepson, stepdaughter, father, mother,

12 stepfather, stepmother, brother, sister, nephew, niece,

13 uncle, aunt, grandfather, grandmother, grandson,

14 granddaughter, father-in-law, mother-in-law, son-in-law or

15 daughter-in-law;

16 (2) transfers by persons acting pursuant to operation

17 of law or a court order; or

18 (3) transfers on the grounds of a gun show.

19 (b) Any person within this State who transfers or causes to

20 be transferred any firearm, stun gun, or taser shall keep a

21 record of such transfer for a period of 10 years from the date

22 of transfer. Such record shall contain the date of the

23 transfer; the description, serial number or other information

24 identifying the firearm, stun gun, or taser if no serial number

25 is available; and, if the transfer was completed within this

26 State, the transferee's Firearm Owner's Identification Card

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1 number and any approval number or documentation provided by the

2 Department of State Police pursuant to subsection (a-10) of

3 this Section. On or after January 1, 2006, the record shall

4 contain the date of application for transfer of the firearm. On

5 demand of a peace officer such transferor shall produce for

6 inspection such record of transfer. If the transfer or sale

7 took place at a gun show, the record shall include the unique

8 identification number. Failure to record the unique

9 identification number or approval number is a petty offense.

10 (b-5) Any resident may purchase ammunition from a person

11 within or outside of Illinois if shipment is by United States

12 mail or by a private express carrier authorized by federal law

13 to ship ammunition. Any resident purchasing ammunition within

14 or outside the State of Illinois must provide the seller with a

15 copy of his or her valid Firearm Owner's Identification Card or

16 valid concealed carry license and either his or her Illinois

17 driver's license or Illinois State Identification Card prior to

18 the shipment of the ammunition. The ammunition may be shipped

19 only to an address on either of those 2 documents.

20 (c) The provisions of this Section regarding the transfer

21 of firearm ammunition shall not apply to those persons

22 specified in paragraph (b) of Section 2 of this Act.

23 (Source: P.A. 98-508, eff. 8-19-13; 99-29, eff. 7-10-15.)

24 (430 ILCS 65/3.1) (from Ch. 38, par. 83-3.1)

25 Sec. 3.1. Dial up system.

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1 (a) The Department of State Police shall provide a dial up

2 telephone system or utilize other existing technology which

3 shall be used by any federally licensed firearm dealer, gun

4 show promoter, or gun show vendor who is to transfer a firearm,

5 stun gun, or taser under the provisions of this Act. The

6 Department of State Police may utilize existing technology

7 which allows the caller to be charged a fee not to exceed $2.

8 Fees collected by the Department of State Police shall be

9 deposited in the State Police Services Fund and used to provide

10 the service.

11 (b) Upon receiving a request from a federally licensed

12 firearm dealer, gun show promoter, or gun show vendor, the

13 Department of State Police shall immediately approve, or within

14 the time period established by Section 24-3 of the Criminal

15 Code of 2012 regarding the delivery of firearms, stun guns, and

16 tasers notify the inquiring dealer, gun show promoter, or gun

17 show vendor of any objection that would disqualify the

18 transferee from acquiring or possessing a firearm, stun gun, or

19 taser. In conducting the inquiry, the Department of State

20 Police shall initiate and complete an automated search of its

21 criminal history record information files and those of the

22 Federal Bureau of Investigation, including the National

23 Instant Criminal Background Check System, and of the files of

24 the Department of Human Services relating to mental health and

25 developmental disabilities to obtain any felony conviction or

26 patient hospitalization information which would disqualify a

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1 person from obtaining or require revocation of a currently

2 valid Firearm Owner's Identification Card.

3 (c) If receipt of a firearm would not violate Section 24-3

4 of the Criminal Code of 2012, federal law, or this Act the

5 Department of State Police shall:

6 (1) assign a unique identification number to the

7 transfer; and

8 (2) provide the licensee, gun show promoter, or gun

9 show vendor with the number.

10 (d) Approvals issued by the Department of State Police for

11 the purchase of a firearm are valid for 30 days from the date

12 of issue.

13 (e) (1) The Department of State Police must act as the

14 Illinois Point of Contact for the National Instant Criminal

15 Background Check System.

16 (2) The Department of State Police and the Department of

17 Human Services shall, in accordance with State and federal law

18 regarding confidentiality, enter into a memorandum of

19 understanding with the Federal Bureau of Investigation for the

20 purpose of implementing the National Instant Criminal

21 Background Check System in the State. The Department of State

22 Police shall report the name, date of birth, and physical

23 description of any person prohibited from possessing a firearm

24 pursuant to the Firearm Owners Identification Card Act or 18

25 U.S.C. 922(g) and (n) to the National Instant Criminal

26 Background Check System Index, Denied Persons Files.

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1 (3) The Department of State Police shall provide notice of

2 the disqualification of a person under subsection (b) of this

3 Section or the revocation of a person's Firearm Owner's

4 Identification Card under Section 8 or Section 8.2 of this Act,

5 and the reason for the disqualification or revocation, to all

6 law enforcement agencies with jurisdiction to assist with the

7 seizure of the person's Firearm Owner's Identification Card.

8 (f) The Department of State Police shall adopt rules not

9 inconsistent with this Section to implement this system.

10 (g) The Department of State Police shall develop an

11 Internet based system for individuals to request the Department

12 of State Police to conduct an instant criminal background check

13 prior to the sale or transfer of a handgun. The Department of

14 State Police shall have the system completed and available for

15 use by July 1, 2018. The Department shall adopt rules not

16 inconsistent with this Section to implement this system.

17 (Source: P.A. 98-63, eff. 7-9-13; 99-787, eff. 1-1-17.)