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| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB1386 Introduced 2/13/2019, by Sen. Don Harmon SYNOPSIS AS INTRODUCED:
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| 430 ILCS 65/3 | from Ch. 38, par. 83-3 |
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Amends the Firearm Owners Identification Card Act. Provides that ammunition purchased within or outside the State by a resident may be shipped to a certified licensee under the Firearm Dealer License Certification Act.
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| | A BILL FOR |
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| | SB1386 | | LRB101 10230 SLF 55334 b |
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| 1 | | AN ACT concerning safety.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Firearm Owners Identification Card Act is |
| 5 | | amended by changing Section 3 as follows:
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| 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
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| 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
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| 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.
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| 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 | | (b) Any person within this State who transfers or causes to |
| 21 | | be
transferred any firearm, stun gun, or taser shall keep a |
| 22 | | record of such transfer for a period
of 10 years from the date |
| 23 | | of transfer. Such record shall contain the date
of the |
| 24 | | transfer; the description, serial number or other information
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| 25 | | identifying the firearm, stun gun, or taser if no serial number |
| 26 | | is available; and, if the
transfer was completed within this |
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| 1 | | State, the transferee's Firearm Owner's
Identification Card |
| 2 | | number and any approval number or documentation provided by the |
| 3 | | Department of State Police pursuant to subsection (a-10) of |
| 4 | | this Section; if the transfer was not completed within this |
| 5 | | State, the record shall contain the name and address of the |
| 6 | | transferee. On or after January 1, 2006, the record shall |
| 7 | | contain the date of application for transfer of the firearm. On |
| 8 | | demand of a peace officer such transferor
shall produce for |
| 9 | | inspection such record of transfer. If the transfer or sale |
| 10 | | took place at a gun show, the record shall include the unique |
| 11 | | identification number. Failure to record the unique |
| 12 | | identification number or approval number is a petty offense.
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| 13 | | For transfers of a firearm, stun gun, or taser made on or after |
| 14 | | the effective date of this amendatory Act of the 100th General |
| 15 | | Assembly, failure by the private seller to maintain the |
| 16 | | transfer records in accordance with this Section is a Class A |
| 17 | | misdemeanor for the first offense and a Class 4 felony for a |
| 18 | | second or subsequent offense. A transferee shall not be |
| 19 | | criminally liable under this Section provided that he or she |
| 20 | | provides the Department of State Police with the transfer |
| 21 | | records in accordance with procedures established by the |
| 22 | | Department. The Department shall establish, by rule, a standard |
| 23 | | form on its website. |
| 24 | | (b-5) Any resident may purchase ammunition from a person |
| 25 | | within or outside of Illinois if shipment is by United States |
| 26 | | mail or by a private express carrier authorized by federal law |
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| 1 | | to ship ammunition. Any resident purchasing ammunition within |
| 2 | | or outside the State of Illinois must provide the seller with a |
| 3 | | copy of his or her valid Firearm Owner's Identification Card or |
| 4 | | valid concealed carry license and either his or her Illinois |
| 5 | | driver's license or Illinois State Identification Card prior to |
| 6 | | the shipment of the ammunition. The ammunition may be shipped |
| 7 | | only to an address on either of those 2 documents or to a |
| 8 | | certified licensee under the Firearm Dealer License |
| 9 | | Certification Act. |
| 10 | | (c) The provisions of this Section regarding the transfer |
| 11 | | of firearm
ammunition shall not apply to those persons |
| 12 | | specified in paragraph (b) of
Section 2 of this Act. |
| 13 | | (Source: P.A. 99-29, eff. 7-10-15; 100-1178, eff. 1-18-19.)
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