Sen. David Koehler
Filed: 5/31/2021
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1 | AMENDMENT TO HOUSE BILL 562
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2 | AMENDMENT NO. ______. Amend House Bill 562, AS AMENDED, | ||||||
3 | with reference to page and line numbers of Senate Amendment | ||||||
4 | No. 1, on page 59, line 2, by replacing "$10" with " $25 $10 "; | ||||||
5 | and
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6 | by replacing line 4 on page 61 through line 18 on page 62 with | ||||||
7 | the following: | ||||||
8 | "(b) Any person within this State who transfers or causes | ||||||
9 | to be
transferred any firearm, stun gun, or taser shall keep a | ||||||
10 | record of such transfer for a period
of 10 years from the date | ||||||
11 | of transfer. Any person within this State who receives any | ||||||
12 | firearm, stun gun, or taser pursuant to subsection (a-10) | ||||||
13 | shall provide a record of the transfer within 10 days of the | ||||||
14 | transfer to a federally licensed firearm dealer and shall not | ||||||
15 | be required to maintain a transfer record. The federally | ||||||
16 | licensed firearm dealer shall maintain the transfer record for | ||||||
17 | 20 years from date of receipt. A federally licensed firearm |
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1 | dealer may charge a fee not to exceed $25 to retain the record. | ||||||
2 | The record shall be provided and maintained in either an | ||||||
3 | electronic or paper format. The federally licensed firearm | ||||||
4 | dealer shall not be liable for the accuracy of any information | ||||||
5 | in the transfer record submitted pursuant to this Section. | ||||||
6 | Such records record shall contain the date
of the transfer; | ||||||
7 | the description, serial number or other information
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8 | identifying the firearm, stun gun, or taser if no serial | ||||||
9 | number is available; and, if the
transfer was completed within | ||||||
10 | this State, the transferee's Firearm Owner's
Identification | ||||||
11 | Card number and any approval number or documentation provided | ||||||
12 | by the Department of State Police pursuant to subsection | ||||||
13 | (a-10) of this Section; if the transfer was not completed | ||||||
14 | within this State, the record shall contain the name and | ||||||
15 | address of the transferee. On or after January 1, 2006, the | ||||||
16 | record shall contain the date of application for transfer of | ||||||
17 | the firearm. On demand of a peace officer such transferor
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18 | shall produce for inspection such record of transfer. For any | ||||||
19 | transfer pursuant to subsection (a-10) of this Section, on the | ||||||
20 | demand of a peace officer, such transferee shall identify the | ||||||
21 | federally licensed firearm dealer maintaining the transfer | ||||||
22 | record. If the transfer or sale took place at a gun show, the | ||||||
23 | record shall include the unique identification number. Failure | ||||||
24 | to record the unique identification number or approval number | ||||||
25 | is a petty offense.
For transfers of a firearm, stun gun, or | ||||||
26 | taser made on or after the effective date of this amendatory |
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1 | Act of the 100th General Assembly, failure by the private | ||||||
2 | seller to maintain the transfer records in accordance with | ||||||
3 | this Section , or failure by a transferee pursuant to | ||||||
4 | subsection a-10 of this Section to identify the federally | ||||||
5 | licensed firearm dealer maintaining the transfer record, is a | ||||||
6 | Class A misdemeanor for the first offense and a Class 4 felony | ||||||
7 | for a second or subsequent offense occurring within 10 years | ||||||
8 | of the first offense and the second offense was committed | ||||||
9 | after conviction of the first offense. Whenever any person who | ||||||
10 | has not previously been convicted of any violation of | ||||||
11 | subsection (a-5), the court may grant supervision pursuant to | ||||||
12 | and consistent with the limitations of Section 5-6-1 of the | ||||||
13 | Unified Code of Corrections . A transferee or transferor shall | ||||||
14 | not be criminally liable under this Section provided that he | ||||||
15 | or she provides the Department of State Police with the | ||||||
16 | transfer records in accordance with procedures established by | ||||||
17 | the Department. The Department shall establish, by rule, a | ||||||
18 | standard form on its website.".
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