Bill Text: IL HB2293 | 2023-2024 | 103rd General Assembly | Introduced

---

Bill Title: Amends the Firearm Owners Identification Card Act. Provides that the sale or transfer of firearm ammunition is subject to the Firearm Transfer Inquiry Program requiring a criminal background check by the Illinois State Police of the person before the person may acquire firearm ammunition.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2023-02-14 - Referred to Rules Committee [HB2293 Detail]

Download: Illinois-2023-HB2293-Introduced.html

---

103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2293 Introduced , by Rep. La Shawn K. Ford 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 the sale or transfer of firearm ammunition is subject to the Firearm Transfer Inquiry Program requiring a criminal background check by the Illinois State Police of the person before the person may acquire firearm ammunition.
LRB103 27350 RLC 53722 b
A BILL FOR
HB2293 LRB103 27350 RLC 53722 b
AN ACT concerning safety.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Firearm Owners Identification Card Act is
amended by changing Sections 3 and 3.1 as follows:
(430 ILCS 65/3) (from Ch. 38, par. 83-3)
(Text of Section before amendment by P.A. 102-237)
Sec. 3. (a) Except as provided in Section 3a, no person may
knowingly transfer, or cause to be transferred, any firearm,
firearm ammunition, stun gun, or taser to any person within
this State unless the transferee with whom he deals displays
either: (1) a currently valid Firearm Owner's Identification
Card which has previously been issued in his or her name by the
Illinois State Police under the provisions of this Act; or (2)
a currently valid license to carry a concealed firearm which
has previously been issued in his or her name by the Illinois
State Police under the Firearm Concealed Carry Act. In
addition, all firearm, stun gun, and taser transfers by
federally licensed firearm dealers are subject to Section 3.1.
(a-5) Any person who is not a federally licensed firearm
dealer and who desires to transfer or sell a firearm while that
person is on the grounds of a gun show must, before selling or
transferring the firearm, request the Illinois State Police to

HB2293 - 2 - LRB103 27350 RLC 53722 b
conduct a background check on the prospective recipient of the
firearm in accordance with Section 3.1.
(a-10) Notwithstanding item (2) of subsection (a) of this
Section, any person who is not a federally licensed firearm
dealer and who desires to transfer or sell a firearm or
firearms to any person who is not a federally licensed firearm
dealer shall, before selling or transferring the firearms,
contact a federal firearm license dealer under paragraph (1)
of subsection (a-15) of this Section to conduct the transfer
or the Illinois State Police with the transferee's or
purchaser's Firearm Owner's Identification Card number to
determine the validity of the transferee's or purchaser's
Firearm Owner's Identification Card under State and federal
law including the National Instant Criminal Background Check
System. This subsection shall not be effective until July 1,
2023. Until that date the transferor shall contact the
Illinois State Police with the transferee's or purchaser's
Firearm Owner's Identification Card number to determine the
validity of the card. The Illinois State Police may adopt
rules concerning the implementation of this subsection. The
Illinois State Police shall provide the seller or transferor
an approval number if the purchaser's Firearm Owner's
Identification Card is valid. Approvals issued by the Illinois
State Police for the purchase of a firearm pursuant to this
subsection are valid for 30 days from the date of issue.
(a-15) The provisions of subsection (a-10) of this Section

HB2293 - 3 - LRB103 27350 RLC 53722 b
do not apply to:
(1) transfers that occur at the place of business of a
federally licensed firearm dealer, if the federally
licensed firearm dealer conducts a background check on the
prospective recipient of the firearm in accordance with
Section 3.1 of this Act and follows all other applicable
federal, State, and local laws as if he or she were the
seller or transferor of the firearm, although the dealer
is not required to accept the firearm into his or her
inventory. The purchaser or transferee may be required by
the federally licensed firearm dealer to pay a fee not to
exceed $25 per firearm, which the dealer may retain as
compensation for performing the functions required under
this paragraph, plus the applicable fees authorized by
Section 3.1;
(2) transfers as a bona fide gift to the transferor's
husband, wife, son, daughter, stepson, stepdaughter,
father, mother, stepfather, stepmother, brother, sister,
nephew, niece, uncle, aunt, grandfather, grandmother,
grandson, granddaughter, father-in-law, mother-in-law,
son-in-law, or daughter-in-law;
(3) transfers by persons acting pursuant to operation
of law or a court order;
(4) transfers on the grounds of a gun show under
subsection (a-5) of this Section;
(5) the delivery of a firearm by its owner to a

HB2293 - 4 - LRB103 27350 RLC 53722 b
gunsmith for service or repair, the return of the firearm
to its owner by the gunsmith, or the delivery of a firearm
by a gunsmith to a federally licensed firearms dealer for
service or repair and the return of the firearm to the
gunsmith;
(6) temporary transfers that occur while in the home
of the unlicensed transferee, if the unlicensed transferee
is not otherwise prohibited from possessing firearms and
the unlicensed transferee reasonably believes that
possession of the firearm is necessary to prevent imminent
death or great bodily harm to the unlicensed transferee;
(7) transfers to a law enforcement or corrections
agency or a law enforcement or corrections officer acting
within the course and scope of his or her official duties;
(8) transfers of firearms that have been rendered
permanently inoperable to a nonprofit historical society,
museum, or institutional collection; and
(9) transfers to a person who is exempt from the
requirement of possessing a Firearm Owner's Identification
Card under Section 2 of this Act.
(a-20) The Illinois State Police shall develop an
Internet-based system for individuals to determine the
validity of a Firearm Owner's Identification Card prior to the
sale or transfer of a firearm. The Illinois State Police shall
have the Internet-based system updated and available for use
by January 1, 2024. The Illinois State Police shall adopt

HB2293 - 5 - LRB103 27350 RLC 53722 b
rules not inconsistent with this Section to implement this
system, but no rule shall allow the Illinois State Police to
retain records in contravention of State and federal law.
(a-25) On or before January 1, 2022, the Illinois State
Police shall develop an Internet-based system upon which the
serial numbers of firearms that have been reported stolen are
available for public access for individuals to ensure any
firearms are not reported stolen prior to the sale or transfer
of a firearm under this Section. The Illinois State Police
shall have the Internet-based system completed and available
for use by July 1, 2022. The Illinois State Police shall adopt
rules not inconsistent with this Section to implement this
system.
(b) Any person within this State who transfers or causes
to be transferred any firearm, stun gun, or taser shall keep a
record of such transfer for a period of 10 years from the date
of transfer. Any person within this State who receives any
firearm, stun gun, or taser pursuant to subsection (a-10)
shall provide a record of the transfer within 10 days of the
transfer to a federally licensed firearm dealer and shall not
be required to maintain a transfer record. The federally
licensed firearm dealer shall maintain the transfer record for
20 years from the date of receipt. A federally licensed
firearm dealer may charge a fee not to exceed $25 to retain the
record. The record shall be provided and maintained in either
an electronic or paper format. The federally licensed firearm

HB2293 - 6 - LRB103 27350 RLC 53722 b
dealer shall not be liable for the accuracy of any information
in the transfer record submitted pursuant to this Section.
Such records shall contain the date of the transfer; the
description, serial number or other information identifying
the firearm, stun gun, or taser if no serial number is
available; and, if the transfer was completed within this
State, the transferee's Firearm Owner's Identification Card
number and any approval number or documentation provided by
the Illinois State Police pursuant to subsection (a-10) of
this Section; if the transfer was not completed within this
State, the record shall contain the name and address of the
transferee. On or after January 1, 2006, the record shall
contain the date of application for transfer of the firearm.
On demand of a peace officer such transferor shall produce for
inspection such record of transfer. For any transfer pursuant
to subsection (a-10) of this Section, on the demand of a peace
officer, such transferee shall identify the federally licensed
firearm dealer maintaining the transfer record. If the
transfer or sale took place at a gun show, the record shall
include the unique identification number. Failure to record
the unique identification number or approval number is a petty
offense. For transfers of a firearm, stun gun, or taser made on
or after January 18, 2019 (the effective date of Public Act
100-1178), failure by the private seller to maintain the
transfer records in accordance with this Section, or failure
by a transferee pursuant to subsection a-10 of this Section to

HB2293 - 7 - LRB103 27350 RLC 53722 b
identify the federally licensed firearm dealer maintaining the
transfer record, is a Class A misdemeanor for the first
offense and a Class 4 felony for a second or subsequent offense
occurring within 10 years of the first offense and the second
offense was committed after conviction of the first offense.
Whenever any person who has not previously been convicted of
any violation of subsection (a-5), the court may grant
supervision pursuant to and consistent with the limitations of
Section 5-6-1 of the Unified Code of Corrections. A transferee
or transferor shall not be criminally liable under this
Section provided that he or she provides the Illinois State
Police with the transfer records in accordance with procedures
established by the Illinois State Police. The Illinois State
Police shall establish, by rule, a standard form on its
website.
(b-5) Any resident may purchase ammunition from a person
within or outside of Illinois if shipment is by United States
mail or by a private express carrier authorized by federal law
to ship ammunition. Any resident purchasing ammunition within
or outside the State of Illinois must provide the seller with a
copy of his or her valid Firearm Owner's Identification Card
or valid concealed carry license and either his or her
Illinois driver's license or Illinois State Identification
Card prior to the shipment of the ammunition. The ammunition
may be shipped only to an address on either of those 2
documents.

HB2293 - 8 - LRB103 27350 RLC 53722 b
(c) The provisions of this Section regarding the transfer
of firearm ammunition shall not apply to those persons
specified in paragraph (b) of Section 2 of this Act.
(Source: P.A. 102-538, eff. 8-20-21; 102-813, eff. 5-13-22;
102-1116, eff. 1-10-23.)
(Text of Section after amendment by P.A. 102-237)
Sec. 3. (a) Except as provided in Section 3a, no person may
knowingly transfer, or cause to be transferred, any firearm,
firearm ammunition, stun gun, or taser to any person within
this State unless the transferee with whom he deals displays
either: (1) a currently valid Firearm Owner's Identification
Card which has previously been issued in his or her name by the
Illinois State Police under the provisions of this Act; or (2)
a currently valid license to carry a concealed firearm which
has previously been issued in his or her name by the Illinois
State Police under the Firearm Concealed Carry Act. In
addition, all firearm, firearm ammunition, stun gun, and taser
transfers by federally licensed firearm dealers are subject to
Section 3.1.
(a-5) Any person who is not a federally licensed firearm
dealer and who desires to transfer or sell a firearm while that
person is on the grounds of a gun show must, before selling or
transferring the firearm, request the Illinois State Police to
conduct a background check on the prospective recipient of the
firearm in accordance with Section 3.1.

HB2293 - 9 - LRB103 27350 RLC 53722 b
(a-10) Notwithstanding item (2) of subsection (a) of this
Section, any person who is not a federally licensed firearm
dealer and who desires to transfer or sell any a firearm or
sell firearm ammunition firearms to any person who is not a
federally licensed firearm dealer shall, before selling or
transferring the firearms or selling firearm ammunition,
contact a federal firearm license dealer under paragraph (1)
of subsection (a-15) of this Section to conduct the transfer
or the Illinois State Police with the transferee's or
purchaser's Firearm Owner's Identification Card number to
determine the validity of the transferee's or purchaser's
Firearm Owner's Identification Card under State and federal
law, including the National Instant Criminal Background Check
System. This subsection shall not be effective until July 1,
2023. Until that date the transferor shall contact the
Illinois State Police with the transferee's or purchaser's
Firearm Owner's Identification Card number to determine the
validity of the card. The Illinois State Police may adopt
rules concerning the implementation of this subsection. The
Illinois State Police shall provide the seller or transferor
an approval number if the purchaser's Firearm Owner's
Identification Card is valid. Approvals issued by the Illinois
State Police for the purchase of a firearm or firearm
ammunition pursuant to this subsection are valid for 30 days
from the date of issue.
(a-15) The provisions of subsection (a-10) of this Section

HB2293 - 10 - LRB103 27350 RLC 53722 b
do not apply to:
(1) transfers that occur at the place of business of a
federally licensed firearm dealer, if the federally
licensed firearm dealer conducts a background check on the
prospective recipient of the firearm or firearm ammunition
in accordance with Section 3.1 of this Act and follows all
other applicable federal, State, and local laws as if he
or she were the seller or transferor of the firearm or
firearm ammunition, although the dealer is not required to
accept the firearm or firearm ammunition into his or her
inventory. The purchaser or transferee may be required by
the federally licensed firearm dealer to pay a fee not to
exceed $25 per firearm or $25 per firearm ammunition sales
transaction, which the dealer may retain as compensation
for performing the functions required under this
paragraph, plus the applicable fees authorized by Section
3.1;
(2) transfers as a bona fide gift to the transferor's
husband, wife, son, daughter, stepson, stepdaughter,
father, mother, stepfather, stepmother, brother, sister,
nephew, niece, uncle, aunt, grandfather, grandmother,
grandson, granddaughter, father-in-law, mother-in-law,
son-in-law, or daughter-in-law;
(3) transfers by persons acting pursuant to operation
of law or a court order;
(4) transfers on the grounds of a gun show under

HB2293 - 11 - LRB103 27350 RLC 53722 b
subsection (a-5) of this Section;
(5) the delivery of a firearm by its owner to a
gunsmith for service or repair, the return of the firearm
to its owner by the gunsmith, or the delivery of a firearm
by a gunsmith to a federally licensed firearms dealer for
service or repair and the return of the firearm to the
gunsmith;
(6) temporary transfers that occur while in the home
of the unlicensed transferee, if the unlicensed transferee
is not otherwise prohibited from possessing firearms and
the unlicensed transferee reasonably believes that
possession of the firearm is necessary to prevent imminent
death or great bodily harm to the unlicensed transferee;
(7) transfers to a law enforcement or corrections
agency or a law enforcement or corrections officer acting
within the course and scope of his or her official duties;
(8) transfers of firearms that have been rendered
permanently inoperable to a nonprofit historical society,
museum, or institutional collection; and
(9) transfers to a person who is exempt from the
requirement of possessing a Firearm Owner's Identification
Card under Section 2 of this Act.
(a-20) The Illinois State Police shall develop an
Internet-based system for individuals to determine the
validity of a Firearm Owner's Identification Card prior to the
sale or transfer of a firearm or firearm ammunition. The

HB2293 - 12 - LRB103 27350 RLC 53722 b
Illinois State Police shall have the Internet-based system
updated and available for use by January 1, 2024. The Illinois
State Police shall adopt rules not inconsistent with this
Section to implement this system; but no rule shall allow the
Illinois State Police to retain records in contravention of
State and federal law.
(a-25) On or before January 1, 2022, the Illinois State
Police shall develop an Internet-based system upon which the
serial numbers of firearms that have been reported stolen are
available for public access for individuals to ensure any
firearms are not reported stolen prior to the sale or transfer
of a firearm under this Section. The Illinois State Police
shall have the Internet-based system completed and available
for use by July 1, 2022. The Illinois State Police shall adopt
rules not inconsistent with this Section to implement this
system.
(b) Any person within this State who transfers or causes
to be transferred any firearm, firearm ammunition, stun gun,
or taser shall keep a record of such transfer for a period of
10 years from the date of transfer. Any person within this
State who receives any firearm, firearm ammunition, stun gun,
or taser pursuant to subsection (a-10) shall provide a record
of the transfer within 10 days of the transfer to a federally
licensed firearm dealer and shall not be required to maintain
a transfer record. The federally licensed firearm dealer shall
maintain the transfer record for 20 years from the date of

HB2293 - 13 - LRB103 27350 RLC 53722 b
receipt. A federally licensed firearm dealer may charge a fee
not to exceed $25 to retain the record. The record shall be
provided and maintained in either an electronic or paper
format. The federally licensed firearm dealer shall not be
liable for the accuracy of any information in the transfer
record submitted pursuant to this Section. Such records shall
contain the date of the transfer; the description, serial
number or other information identifying the firearm, stun gun,
or taser if no serial number is available; quantity and type of
firearm ammunition transferred; and, if the transfer was
completed within this State, the transferee's Firearm Owner's
Identification Card number and any approval number or
documentation provided by the Illinois State Police pursuant
to subsection (a-10) of this Section; if the transfer was not
completed within this State, the record shall contain the name
and address of the transferee. On or after January 1, 2006, the
record shall contain the date of application for transfer of
the firearm or firearm ammunition. On demand of a peace
officer such transferor shall produce for inspection such
record of transfer. For any transfer pursuant to subsection
(a-10) of this Section, on the demand of a peace officer, such
transferee shall identify the federally licensed firearm
dealer maintaining the transfer record. If the transfer or
sale took place at a gun show, the record shall include the
unique identification number. Failure to record the unique
identification number or approval number is a petty offense.

HB2293 - 14 - LRB103 27350 RLC 53722 b
For transfers of a firearm, stun gun, or taser made on or after
January 18, 2019 (the effective date of Public Act 100-1178),
failure by the private seller to maintain the transfer records
in accordance with this Section, or failure by a transferee
pursuant to subsection a-10 of this Section to identify the
federally licensed firearm dealer maintaining the transfer
record, is a Class A misdemeanor for the first offense and a
Class 4 felony for a second or subsequent offense occurring
within 10 years of the first offense and the second offense was
committed after conviction of the first offense. For transfers
of firearm ammunition made on or after the effective date of
this amendatory Act of the 103rd General Assembly, failure by
the private seller to maintain the transfer records in
accordance with this Section is a Class A misdemeanor for the
first offense and a Class 4 felony for a second or subsequent
offense occurring within 10 years of the first offense and the
second offense was committed after conviction of the first
offense. Whenever any person who has not previously been
convicted of any violation of subsection (a-5), the court may
grant supervision pursuant to and consistent with the
limitations of Section 5-6-1 of the Unified Code of
Corrections. A transferee or transferor shall not be
criminally liable under this Section provided that he or she
provides the Illinois State Police with the transfer records
in accordance with procedures established by the Illinois
State Police. The Illinois State Police shall establish, by

HB2293 - 15 - LRB103 27350 RLC 53722 b
rule, a standard form on its website.
(b-5) Any resident may purchase ammunition from a person
within or outside of Illinois if shipment is by United States
mail or by a private express carrier authorized by federal law
to ship ammunition. Any resident purchasing ammunition within
or outside the State of Illinois must provide the seller with a
copy of his or her valid Firearm Owner's Identification Card
or valid concealed carry license and either his or her
Illinois driver's license or Illinois State Identification
Card prior to the shipment of the ammunition. Prior to the
shipment of the ammunition, Illinois sellers shall contact the
Illinois State Police consistent with the requirements set
forth in this Section. The ammunition may be shipped only to an
address on either of those 2 documents.
(c) The provisions of this Section regarding the transfer
of firearm ammunition shall not apply to those persons
specified in paragraph (b) of Section 2 of this Act while
engaging in activities listed in that subsection.
(Source: P.A. 102-237, eff. 1-1-24; 102-538, eff. 8-20-21;
102-813, eff. 5-13-22; 102-1116, eff. 1-10-23.)
(430 ILCS 65/3.1) (from Ch. 38, par. 83-3.1)
Sec. 3.1. Firearm Transfer Inquiry Program.
(a) The Illinois State Police shall provide a dial up
telephone system or utilize other existing technology which
shall be used by any federally licensed firearm dealer, gun

HB2293 - 16 - LRB103 27350 RLC 53722 b
show promoter, or gun show vendor who is to transfer a firearm,
firearm ammunition, stun gun, or taser under the provisions of
this Act. The Illinois State Police may utilize existing
technology which allows the caller to be charged a fee not to
exceed $2. Fees collected by the Illinois State Police shall
be deposited in the State Police Firearm Services Fund and
used to provide the service.
(b) Upon receiving a request from a federally licensed
firearm dealer, gun show promoter, or gun show vendor, the
Illinois State Police shall immediately approve or, within the
time period established by Section 24-3 of the Criminal Code
of 2012 regarding the delivery of firearms, firearm
ammunition, stun guns, and tasers, notify the inquiring
dealer, gun show promoter, or gun show vendor of any objection
that would disqualify the transferee from acquiring or
possessing a firearm, firearm ammunition, stun gun, or taser.
In conducting the inquiry, the Illinois State Police shall
initiate and complete an automated search of its criminal
history record information files and those of the Federal
Bureau of Investigation, including the National Instant
Criminal Background Check System, and of the files of the
Department of Human Services relating to mental health and
developmental disabilities to obtain any felony conviction or
patient hospitalization information which would disqualify a
person from obtaining or require revocation of a currently
valid Firearm Owner's Identification Card.

HB2293 - 17 - LRB103 27350 RLC 53722 b
(b-5) By January 1, 2023, the Illinois State Police shall
by rule provide a process for the automatic renewal of the
Firearm Owner's Identification Card of a person at the time of
an inquiry in subsection (b). Persons eligible for this
process must have a set of fingerprints on file with their
applications under either subsection (a-25) of Section 4 or
the Firearm Concealed Carry Act.
(c) If receipt of a firearm would not violate Section 24-3
of the Criminal Code of 2012, federal law, or this Act, the
Illinois State Police shall:
(1) assign a unique identification number to the
transfer; and
(2) provide the licensee, gun show promoter, or gun
show vendor with the number.
(d) Approvals issued by the Illinois State Police for the
purchase of a firearm or firearm ammunition are valid for 30
days from the date of issue.
(e) (1) The Illinois State Police must act as the Illinois
Point of Contact for the National Instant Criminal Background
Check System.
(2) The Illinois State Police and the Department of Human
Services shall, in accordance with State and federal law
regarding confidentiality, enter into a memorandum of
understanding with the Federal Bureau of Investigation for the
purpose of implementing the National Instant Criminal
Background Check System in the State. The Illinois State

HB2293 - 18 - LRB103 27350 RLC 53722 b
Police shall report the name, date of birth, and physical
description of any person prohibited from possessing a firearm
pursuant to the Firearm Owners Identification Card Act or 18
U.S.C. 922(g) and (n) to the National Instant Criminal
Background Check System Index, Denied Persons Files.
(3) The Illinois State Police shall provide notice of the
disqualification of a person under subsection (b) of this
Section or the revocation of a person's Firearm Owner's
Identification Card under Section 8 or Section 8.2 of this
Act, and the reason for the disqualification or revocation, to
all law enforcement agencies with jurisdiction to assist with
the seizure of the person's Firearm Owner's Identification
Card.
(f) The Illinois State Police shall adopt rules not
inconsistent with this Section to implement this system.
(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
102-813, eff. 5-13-22.)
Section 95. No acceleration or delay. Where this Act makes
changes in a statute that is represented in this Act by text
that is not yet or no longer in effect (for example, a Section
represented by multiple versions), the use of that text does
not accelerate or delay the taking effect of (i) the changes
made by this Act or (ii) provisions derived from any other
Public Act.