Bill Text: IL HB3795 | 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) 2023-03-10 - Rule 19(a) / Re-referred to Rules Committee [HB3795 Detail]
Download: Illinois-2023-HB3795-Introduced.html
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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 Sections 3 and 3.1 as follows:
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6 | (430 ILCS 65/3) (from Ch. 38, par. 83-3) | |||||||||||||||||||||
7 | (Text of Section before amendment by P.A. 102-237 ) | |||||||||||||||||||||
8 | Sec. 3. (a) Except as provided in Section 3a, no person may | |||||||||||||||||||||
9 | knowingly
transfer, or cause to be transferred, any firearm, | |||||||||||||||||||||
10 | firearm ammunition, stun gun, or taser to any person within | |||||||||||||||||||||
11 | this State unless the
transferee with whom he deals displays | |||||||||||||||||||||
12 | either: (1) a currently valid Firearm Owner's
Identification | |||||||||||||||||||||
13 | Card which has previously been issued in his or her name by the
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14 | Illinois State Police under the provisions of this Act; or (2) | |||||||||||||||||||||
15 | a currently valid license to carry a concealed firearm which | |||||||||||||||||||||
16 | has previously been issued in his or her name by the
Illinois | |||||||||||||||||||||
17 | State Police under the Firearm Concealed Carry Act. In | |||||||||||||||||||||
18 | addition,
all firearm, stun gun, and taser transfers by | |||||||||||||||||||||
19 | federally licensed firearm dealers are subject
to Section 3.1. | |||||||||||||||||||||
20 | (a-5) Any person who is not a federally licensed firearm | |||||||||||||||||||||
21 | dealer and who desires to transfer or sell a firearm while that | |||||||||||||||||||||
22 | person is on the grounds of a gun show must, before selling or | |||||||||||||||||||||
23 | transferring the firearm, request the Illinois State Police to |
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1 | conduct a background check on the prospective recipient of the | ||||||
2 | firearm in accordance with Section 3.1.
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3 | (a-10) Notwithstanding item (2) of subsection (a) of this | ||||||
4 | Section, any person who is not a federally licensed firearm | ||||||
5 | dealer and who desires to transfer or sell a firearm or | ||||||
6 | firearms to any person who is not a federally licensed firearm | ||||||
7 | dealer shall, before selling or transferring the firearms, | ||||||
8 | contact a federal firearm license dealer under paragraph (1) | ||||||
9 | of subsection (a-15) of this Section to conduct the transfer | ||||||
10 | or the Illinois State Police with the transferee's or | ||||||
11 | purchaser's Firearm Owner's Identification Card number to | ||||||
12 | determine the validity of the transferee's or purchaser's | ||||||
13 | Firearm Owner's Identification Card under State and federal | ||||||
14 | law including the National Instant Criminal Background Check | ||||||
15 | System. This subsection shall not be effective until July 1, | ||||||
16 | 2023. Until that date the transferor shall contact the | ||||||
17 | Illinois State Police with the transferee's or purchaser's | ||||||
18 | Firearm Owner's Identification Card number to determine the | ||||||
19 | validity of the card. The Illinois State Police may adopt | ||||||
20 | rules concerning the implementation of this subsection. The | ||||||
21 | Illinois State Police shall provide the seller or transferor | ||||||
22 | an approval number if the purchaser's Firearm Owner's | ||||||
23 | Identification Card is valid. Approvals issued by the Illinois | ||||||
24 | State Police for the purchase of a firearm pursuant to this | ||||||
25 | subsection are valid for 30 days from the date of issue. | ||||||
26 | (a-15) The provisions of subsection (a-10) of this Section |
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1 | do not apply to: | ||||||
2 | (1) transfers that occur at the place of business of a | ||||||
3 | federally licensed firearm dealer, if the federally | ||||||
4 | licensed firearm dealer conducts a background check on the | ||||||
5 | prospective recipient of the firearm in accordance with | ||||||
6 | Section 3.1 of this Act and follows all other applicable | ||||||
7 | federal, State, and local laws as if he or she were the | ||||||
8 | seller or transferor of the firearm, although the dealer | ||||||
9 | is not required to accept the firearm into his or her | ||||||
10 | inventory. The purchaser or transferee may be required by | ||||||
11 | the federally licensed firearm dealer to pay a fee not to | ||||||
12 | exceed $25 per firearm, which the dealer may retain as | ||||||
13 | compensation for performing the functions required under | ||||||
14 | this paragraph, plus the applicable fees authorized by | ||||||
15 | Section 3.1; | ||||||
16 | (2) transfers as a bona fide gift to the transferor's | ||||||
17 | husband, wife, son, daughter, stepson, stepdaughter, | ||||||
18 | father, mother, stepfather, stepmother, brother, sister, | ||||||
19 | nephew, niece, uncle, aunt, grandfather, grandmother, | ||||||
20 | grandson, granddaughter, father-in-law, mother-in-law, | ||||||
21 | son-in-law, or daughter-in-law; | ||||||
22 | (3) transfers by persons acting pursuant to operation | ||||||
23 | of law or a court order; | ||||||
24 | (4) transfers on the grounds of a gun show under | ||||||
25 | subsection (a-5) of this Section; | ||||||
26 | (5) the delivery of a firearm by its owner to a |
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1 | gunsmith for service or repair, the return of the firearm | ||||||
2 | to its owner by the gunsmith, or the delivery of a firearm | ||||||
3 | by a gunsmith to a federally licensed firearms dealer for | ||||||
4 | service or repair and the return of the firearm to the | ||||||
5 | gunsmith; | ||||||
6 | (6) temporary transfers that occur while in the home | ||||||
7 | of the unlicensed transferee, if the unlicensed transferee | ||||||
8 | is not otherwise prohibited from possessing firearms and | ||||||
9 | the unlicensed transferee reasonably believes that | ||||||
10 | possession of the firearm is necessary to prevent imminent | ||||||
11 | death or great bodily harm to the unlicensed transferee; | ||||||
12 | (7) transfers to a law enforcement or corrections | ||||||
13 | agency or a law enforcement or corrections officer acting | ||||||
14 | within the course and scope of his or her official duties; | ||||||
15 | (8) transfers of firearms that have been rendered | ||||||
16 | permanently inoperable to a nonprofit historical society, | ||||||
17 | museum, or institutional collection; and | ||||||
18 | (9) transfers to a person who is exempt from the | ||||||
19 | requirement of possessing a Firearm Owner's Identification | ||||||
20 | Card under Section 2 of this Act. | ||||||
21 | (a-20) The Illinois State Police shall develop an | ||||||
22 | Internet-based system for individuals to determine the | ||||||
23 | validity of a Firearm Owner's Identification Card prior to the | ||||||
24 | sale or transfer of a firearm. The Illinois State Police shall | ||||||
25 | have the Internet-based system updated and available for use | ||||||
26 | by January 1, 2024. The Illinois State Police shall adopt |
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1 | rules not inconsistent with this Section to implement this | ||||||
2 | system, but no rule shall allow the Illinois State Police to | ||||||
3 | retain records in contravention of State and federal law. | ||||||
4 | (a-25) On or before January 1, 2022, the Illinois State | ||||||
5 | Police shall develop an Internet-based system upon which the | ||||||
6 | serial numbers of firearms that have been reported stolen are | ||||||
7 | available for public access for individuals to ensure any | ||||||
8 | firearms are not reported stolen prior to the sale or transfer | ||||||
9 | of a firearm under this Section. The Illinois State Police | ||||||
10 | shall have the Internet-based system completed and available | ||||||
11 | for use by July 1, 2022. The Illinois State Police shall adopt | ||||||
12 | rules not inconsistent with this Section to implement this | ||||||
13 | system. | ||||||
14 | (b) Any person within this State who transfers or causes | ||||||
15 | to be
transferred any firearm, stun gun, or taser shall keep a | ||||||
16 | record of such transfer for a period
of 10 years from the date | ||||||
17 | of transfer. Any person within this State who receives any | ||||||
18 | firearm, stun gun, or taser pursuant to subsection (a-10) | ||||||
19 | shall provide a record of the transfer within 10 days of the | ||||||
20 | transfer to a federally licensed firearm dealer and shall not | ||||||
21 | be required to maintain a transfer record. The federally | ||||||
22 | licensed firearm dealer shall maintain the transfer record for | ||||||
23 | 20 years from the date of receipt. A federally licensed | ||||||
24 | firearm dealer may charge a fee not to exceed $25 to retain the | ||||||
25 | record. The record shall be provided and maintained in either | ||||||
26 | an electronic or paper format. The federally licensed firearm |
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| |||||||
1 | dealer shall not be liable for the accuracy of any information | ||||||
2 | in the transfer record submitted pursuant to this Section. | ||||||
3 | Such records shall contain the date
of the transfer; the | ||||||
4 | description, serial number or other information
identifying | ||||||
5 | the firearm, stun gun, or taser if no serial number is | ||||||
6 | available; and, if the
transfer was completed within this | ||||||
7 | State, the transferee's Firearm Owner's
Identification Card | ||||||
8 | number and any approval number or documentation provided by | ||||||
9 | the Illinois State Police pursuant to subsection (a-10) of | ||||||
10 | this Section; if the transfer was not completed within this | ||||||
11 | State, the record shall contain the name and address of the | ||||||
12 | transferee. On or after January 1, 2006, the record shall | ||||||
13 | contain the date of application for transfer of the firearm. | ||||||
14 | On demand of a peace officer such transferor
shall produce for | ||||||
15 | inspection such record of transfer. For any transfer pursuant | ||||||
16 | to subsection (a-10) of this Section, on the demand of a peace | ||||||
17 | officer, such transferee shall identify the federally licensed | ||||||
18 | firearm dealer maintaining the transfer record. If the | ||||||
19 | transfer or sale took place at a gun show, the record shall | ||||||
20 | include the unique identification number. Failure to record | ||||||
21 | the unique identification number or approval number is a petty | ||||||
22 | offense.
For transfers of a firearm, stun gun, or taser made on | ||||||
23 | or after January 18, 2019 (the effective date of Public Act | ||||||
24 | 100-1178), failure by the private seller to maintain the | ||||||
25 | transfer records in accordance with this Section, or failure | ||||||
26 | by a transferee pursuant to subsection a-10 of this Section to |
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| |||||||
1 | identify the federally licensed firearm dealer maintaining the | ||||||
2 | transfer record, is a Class A misdemeanor for the first | ||||||
3 | offense and a Class 4 felony for a second or subsequent offense | ||||||
4 | occurring within 10 years of the first offense and the second | ||||||
5 | offense was committed after conviction of the first offense. | ||||||
6 | Whenever any person who has not previously been convicted of | ||||||
7 | any violation of subsection (a-5), the court may grant | ||||||
8 | supervision pursuant to and consistent with the limitations of | ||||||
9 | Section 5-6-1 of the Unified Code of Corrections. A transferee | ||||||
10 | or transferor shall not be criminally liable under this | ||||||
11 | Section provided that he or she provides the Illinois State | ||||||
12 | Police with the transfer records in accordance with procedures | ||||||
13 | established by the Illinois State Police. The Illinois State | ||||||
14 | Police shall establish, by rule, a standard form on its | ||||||
15 | website. | ||||||
16 | (b-5) Any resident may purchase ammunition from a person | ||||||
17 | within or outside of Illinois if shipment is by United States | ||||||
18 | mail or by a private express carrier authorized by federal law | ||||||
19 | to ship ammunition. Any resident purchasing ammunition within | ||||||
20 | or outside the State of Illinois must provide the seller with a | ||||||
21 | copy of his or her valid Firearm Owner's Identification Card | ||||||
22 | or valid concealed carry license and either his or her | ||||||
23 | Illinois driver's license or Illinois State Identification | ||||||
24 | Card prior to the shipment of the ammunition. The ammunition | ||||||
25 | may be shipped only to an address on either of those 2 | ||||||
26 | documents. |
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1 | (c) The provisions of this Section regarding the transfer | ||||||
2 | of firearm
ammunition shall not apply to those persons | ||||||
3 | specified in paragraph (b) of
Section 2 of this Act. | ||||||
4 | (Source: P.A. 102-538, eff. 8-20-21; 102-813, eff. 5-13-22; | ||||||
5 | 102-1116, eff. 1-10-23.)
| ||||||
6 | (Text of Section after amendment by P.A. 102-237 ) | ||||||
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 | Illinois State Police under the provisions of this Act; or (2) | ||||||
14 | a currently valid license to carry a concealed firearm which | ||||||
15 | has previously been issued in his or her name by the
Illinois | ||||||
16 | State Police under the Firearm Concealed Carry Act. In | ||||||
17 | addition,
all firearm, firearm ammunition, stun gun, and taser | ||||||
18 | transfers by federally licensed firearm dealers are subject
to | ||||||
19 | Section 3.1. | ||||||
20 | (a-5) Any person who is not a federally licensed firearm | ||||||
21 | dealer and who desires to transfer or sell a firearm while that | ||||||
22 | person is on the grounds of a gun show must, before selling or | ||||||
23 | transferring the firearm, request the Illinois State Police to | ||||||
24 | conduct a background check on the prospective recipient of the | ||||||
25 | firearm in accordance with Section 3.1.
|
| |||||||
| |||||||
1 | (a-10) Notwithstanding item (2) of subsection (a) of this | ||||||
2 | Section, any person who is not a federally licensed firearm | ||||||
3 | dealer and who desires to transfer or sell any a firearm or | ||||||
4 | sell firearm ammunition firearms to any person who is not a | ||||||
5 | federally licensed firearm dealer shall, before selling or | ||||||
6 | transferring the firearms or selling firearm ammunition , | ||||||
7 | contact a federal firearm license dealer under paragraph (1) | ||||||
8 | of subsection (a-15) of this Section to conduct the transfer | ||||||
9 | or the Illinois State Police with the transferee's or | ||||||
10 | purchaser's Firearm Owner's Identification Card number to | ||||||
11 | determine the validity of the transferee's or purchaser's | ||||||
12 | Firearm Owner's Identification Card under State and federal | ||||||
13 | law, including the National Instant Criminal Background Check | ||||||
14 | System. This subsection shall not be effective until July 1, | ||||||
15 | 2023. Until that date the transferor shall contact the | ||||||
16 | Illinois State Police with the transferee's or purchaser's | ||||||
17 | Firearm Owner's Identification Card number to determine the | ||||||
18 | validity of the card. The Illinois State Police may adopt | ||||||
19 | rules concerning the implementation of this subsection. The | ||||||
20 | Illinois State Police shall provide the seller or transferor | ||||||
21 | an approval number if the purchaser's Firearm Owner's | ||||||
22 | Identification Card is valid. Approvals issued by the Illinois | ||||||
23 | State Police for the purchase of a firearm or
firearm | ||||||
24 | ammunition pursuant to this subsection are valid for 30 days | ||||||
25 | from the date of issue. | ||||||
26 | (a-15) The provisions of subsection (a-10) of this Section |
| |||||||
| |||||||
1 | do not apply to: | ||||||
2 | (1) transfers that occur at the place of business of a | ||||||
3 | federally licensed firearm dealer, if the federally | ||||||
4 | licensed firearm dealer conducts a background check on the | ||||||
5 | prospective recipient of the firearm or firearm ammunition | ||||||
6 | in accordance with Section 3.1 of this Act and follows all | ||||||
7 | other applicable federal, State, and local laws as if he | ||||||
8 | or she were the seller or transferor of the firearm or
| ||||||
9 | firearm ammunition , although the dealer is not required to | ||||||
10 | accept the firearm or firearm ammunition into his or her | ||||||
11 | inventory. The purchaser or transferee may be required by | ||||||
12 | the federally licensed firearm dealer to pay a fee not to | ||||||
13 | exceed $25 per firearm or $25 per firearm ammunition sales
| ||||||
14 | transaction , which the dealer may retain as compensation | ||||||
15 | for performing the functions required under this | ||||||
16 | paragraph, plus the applicable fees authorized by Section | ||||||
17 | 3.1; | ||||||
18 | (2) transfers as a bona fide gift to the transferor's | ||||||
19 | husband, wife, son, daughter, stepson, stepdaughter, | ||||||
20 | father, mother, stepfather, stepmother, brother, sister, | ||||||
21 | nephew, niece, uncle, aunt, grandfather, grandmother, | ||||||
22 | grandson, granddaughter, father-in-law, mother-in-law, | ||||||
23 | son-in-law, or daughter-in-law; | ||||||
24 | (3) transfers by persons acting pursuant to operation | ||||||
25 | of law or a court order; | ||||||
26 | (4) transfers on the grounds of a gun show under |
| |||||||
| |||||||
1 | subsection (a-5) of this Section; | ||||||
2 | (5) the delivery of a firearm by its owner to a | ||||||
3 | gunsmith for service or repair, the return of the firearm | ||||||
4 | to its owner by the gunsmith, or the delivery of a firearm | ||||||
5 | by a gunsmith to a federally licensed firearms dealer for | ||||||
6 | service or repair and the return of the firearm to the | ||||||
7 | gunsmith; | ||||||
8 | (6) temporary transfers that occur while in the home | ||||||
9 | of the unlicensed transferee, if the unlicensed transferee | ||||||
10 | is not otherwise prohibited from possessing firearms and | ||||||
11 | the unlicensed transferee reasonably believes that | ||||||
12 | possession of the firearm is necessary to prevent imminent | ||||||
13 | death or great bodily harm to the unlicensed transferee; | ||||||
14 | (7) transfers to a law enforcement or corrections | ||||||
15 | agency or a law enforcement or corrections officer acting | ||||||
16 | within the course and scope of his or her official duties; | ||||||
17 | (8) transfers of firearms that have been rendered | ||||||
18 | permanently inoperable to a nonprofit historical society, | ||||||
19 | museum, or institutional collection; and | ||||||
20 | (9) transfers to a person who is exempt from the | ||||||
21 | requirement of possessing a Firearm Owner's Identification | ||||||
22 | Card under Section 2 of this Act. | ||||||
23 | (a-20) The Illinois State Police shall develop an | ||||||
24 | Internet-based system for individuals to determine the | ||||||
25 | validity of a Firearm Owner's Identification Card prior to the | ||||||
26 | sale or transfer of a firearm or firearm ammunition . The |
| |||||||
| |||||||
1 | Illinois State Police shall have the Internet-based system | ||||||
2 | updated and available for use by January 1, 2024. The Illinois | ||||||
3 | State Police shall adopt rules not inconsistent with this | ||||||
4 | Section to implement this system; but no rule shall allow the | ||||||
5 | Illinois State Police to retain records in contravention of | ||||||
6 | State and federal law. | ||||||
7 | (a-25) On or before January 1, 2022, the Illinois State | ||||||
8 | Police shall develop an Internet-based system upon which the | ||||||
9 | serial numbers of firearms that have been reported stolen are | ||||||
10 | available for public access for individuals to ensure any | ||||||
11 | firearms are not reported stolen prior to the sale or transfer | ||||||
12 | of a firearm under this Section. The Illinois State Police | ||||||
13 | shall have the Internet-based system completed and available | ||||||
14 | for use by July 1, 2022. The Illinois State Police shall adopt | ||||||
15 | rules not inconsistent with this Section to implement this | ||||||
16 | system. | ||||||
17 | (b) Any person within this State who transfers or causes | ||||||
18 | to be
transferred any firearm, firearm ammunition, stun gun, | ||||||
19 | or taser shall keep a record of such transfer for a period
of | ||||||
20 | 10 years from the date of transfer. Any person within this | ||||||
21 | State who receives any firearm, firearm ammunition, stun gun, | ||||||
22 | or taser pursuant to subsection (a-10) shall provide a record | ||||||
23 | of the transfer within 10 days of the transfer to a federally | ||||||
24 | licensed firearm dealer and shall not be required to maintain | ||||||
25 | a transfer record. The federally licensed firearm dealer shall | ||||||
26 | maintain the transfer record for 20 years from the date of |
| |||||||
| |||||||
1 | receipt. A federally licensed firearm dealer may charge a fee | ||||||
2 | not to exceed $25 to retain the record. The record shall be | ||||||
3 | provided and maintained in either an electronic or paper | ||||||
4 | format. The federally licensed firearm dealer shall not be | ||||||
5 | liable for the accuracy of any information in the transfer | ||||||
6 | record submitted pursuant to this Section. Such records shall | ||||||
7 | contain the date
of the transfer; the description, serial | ||||||
8 | number or other information
identifying the firearm, stun gun, | ||||||
9 | or taser if no serial number is available; quantity and type of | ||||||
10 | firearm ammunition
transferred; and, if the
transfer was | ||||||
11 | completed within this State, the transferee's Firearm Owner's
| ||||||
12 | Identification Card number and any approval number or | ||||||
13 | documentation provided by the Illinois State Police pursuant | ||||||
14 | to subsection (a-10) of this Section; if the transfer was not | ||||||
15 | completed within this State, the record shall contain the name | ||||||
16 | and address of the transferee. On or after January 1, 2006, the | ||||||
17 | record shall contain the date of application for transfer of | ||||||
18 | the firearm or
firearm ammunition . On demand of a peace | ||||||
19 | officer such transferor shall produce for inspection such | ||||||
20 | record of transfer. For any transfer pursuant to subsection | ||||||
21 | (a-10) of this Section, on the demand of a peace officer, such | ||||||
22 | transferee shall identify the federally licensed firearm | ||||||
23 | dealer maintaining the transfer record. If the transfer or | ||||||
24 | sale took place at a gun show, the record shall include the | ||||||
25 | unique identification number. Failure to record the unique | ||||||
26 | identification number or approval number is a petty offense.
|
| |||||||
| |||||||
1 | For transfers of a firearm, stun gun, or taser made on or after | ||||||
2 | January 18, 2019 (the effective date of Public Act 100-1178), | ||||||
3 | failure by the private seller to maintain the transfer records | ||||||
4 | in accordance with this Section, or failure by a transferee | ||||||
5 | pursuant to subsection a-10 of this Section to identify the | ||||||
6 | federally licensed firearm dealer maintaining the transfer | ||||||
7 | record, is a Class A misdemeanor for the first offense and a | ||||||
8 | Class 4 felony for a second or subsequent offense occurring | ||||||
9 | within 10 years of the first offense and the second offense was | ||||||
10 | committed after conviction of the first offense. For transfers
| ||||||
11 | of firearm ammunition made on or after the effective date of
| ||||||
12 | this amendatory Act of the 103rd General Assembly, failure by
| ||||||
13 | the private seller to maintain the transfer records in
| ||||||
14 | accordance with this Section is a Class A misdemeanor for the
| ||||||
15 | first offense and a Class 4 felony for a second or subsequent
| ||||||
16 | offense occurring within 10 years of the first offense and the
| ||||||
17 | second offense was committed after conviction of the first
| ||||||
18 | offense. Whenever any person who has not previously been | ||||||
19 | convicted of any violation of subsection (a-5), the court may | ||||||
20 | grant supervision pursuant to and consistent with the | ||||||
21 | limitations of Section 5-6-1 of the Unified Code of | ||||||
22 | Corrections. A transferee or transferor shall not be | ||||||
23 | criminally liable under this Section provided that he or she | ||||||
24 | provides the Illinois State Police with the transfer records | ||||||
25 | in accordance with procedures established by the Illinois | ||||||
26 | State Police. The Illinois State Police shall establish, by |
| |||||||
| |||||||
1 | rule, a standard form on its website. | ||||||
2 | (b-5) Any resident may purchase ammunition from a person | ||||||
3 | within or outside of Illinois if shipment is by United States | ||||||
4 | mail or by a private express carrier authorized by federal law | ||||||
5 | to ship ammunition. Any resident purchasing ammunition within | ||||||
6 | or outside the State of Illinois must provide the seller with a | ||||||
7 | copy of his or her valid Firearm Owner's Identification Card | ||||||
8 | or valid concealed carry license and either his or her | ||||||
9 | Illinois driver's license or Illinois State Identification | ||||||
10 | Card prior to the shipment of the ammunition. Prior to the
| ||||||
11 | shipment of the ammunition, Illinois sellers shall contact the
| ||||||
12 | Illinois State Police consistent with the requirements set
| ||||||
13 | forth in this Section. The ammunition may be shipped only to an | ||||||
14 | address on either of those 2 documents. | ||||||
15 | (c) The provisions of this Section regarding the transfer | ||||||
16 | of firearm
ammunition shall not apply to those persons | ||||||
17 | specified in paragraph (b) of
Section 2 of this Act while
| ||||||
18 | engaging in activities listed in that subsection . | ||||||
19 | (Source: P.A. 102-237, eff. 1-1-24; 102-538, eff. 8-20-21; | ||||||
20 | 102-813, eff. 5-13-22; 102-1116, eff. 1-10-23.)
| ||||||
21 | (430 ILCS 65/3.1) (from Ch. 38, par. 83-3.1)
| ||||||
22 | Sec. 3.1. Firearm Transfer Inquiry Program. | ||||||
23 | (a) The Illinois State Police shall provide
a dial up | ||||||
24 | telephone system or utilize other existing technology which | ||||||
25 | shall be used by any federally licensed
firearm dealer, gun |
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1 | show promoter, or gun show vendor who is to transfer a firearm, | ||||||
2 | firearm ammunition, stun gun, or taser under the provisions of | ||||||
3 | this
Act. The Illinois State Police may utilize existing | ||||||
4 | technology which
allows the caller to be charged a fee not to | ||||||
5 | exceed $2. Fees collected by the Illinois State Police shall | ||||||
6 | be deposited in the State Police Firearm Services Fund and | ||||||
7 | used
to provide the service.
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8 | (b) Upon receiving a request from a federally licensed | ||||||
9 | firearm dealer, gun show promoter, or gun show vendor, the
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10 | Illinois State Police shall immediately approve or, within the | ||||||
11 | time
period established by Section 24-3 of the Criminal Code | ||||||
12 | of 2012 regarding
the delivery of firearms, firearm
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13 | ammunition, stun guns, and tasers, notify the inquiring | ||||||
14 | dealer, gun show promoter, or gun show vendor of any objection | ||||||
15 | that
would disqualify the transferee from acquiring or | ||||||
16 | possessing a firearm, firearm ammunition, stun gun, or taser. | ||||||
17 | In
conducting the inquiry, the Illinois State Police shall | ||||||
18 | initiate and
complete an automated search of its criminal | ||||||
19 | history record information
files and those of the Federal | ||||||
20 | Bureau of Investigation, including the
National Instant | ||||||
21 | Criminal Background Check System, and of the files of
the | ||||||
22 | Department of Human Services relating to mental health and
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23 | developmental disabilities to obtain
any felony conviction or | ||||||
24 | patient hospitalization information which would
disqualify a | ||||||
25 | person from obtaining or require revocation of a currently
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26 | valid Firearm Owner's Identification Card. |
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1 | (b-5) By January 1, 2023, the Illinois State Police shall | ||||||
2 | by rule provide a process for the automatic renewal of the | ||||||
3 | Firearm Owner's Identification Card of a person at the time of | ||||||
4 | an inquiry in subsection (b). Persons eligible for this | ||||||
5 | process must have a set of fingerprints on file with their | ||||||
6 | applications under either subsection (a-25) of Section 4 or | ||||||
7 | the Firearm Concealed Carry Act. | ||||||
8 | (c) If receipt of a firearm would not violate Section 24-3 | ||||||
9 | of the Criminal Code of 2012, federal law, or this Act, the | ||||||
10 | Illinois State Police shall: | ||||||
11 | (1) assign a unique identification number to the | ||||||
12 | transfer; and | ||||||
13 | (2) provide the licensee, gun show promoter, or gun | ||||||
14 | show vendor with the number. | ||||||
15 | (d) Approvals issued by the Illinois State Police for the | ||||||
16 | purchase of a firearm or firearm ammunition are valid for 30 | ||||||
17 | days from the date of issue.
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18 | (e) (1) The Illinois State Police must act as the Illinois | ||||||
19 | Point of Contact
for the National Instant Criminal Background | ||||||
20 | Check System. | ||||||
21 | (2) The Illinois State Police and the Department of Human | ||||||
22 | Services shall, in accordance with State and federal law | ||||||
23 | regarding confidentiality, enter into a memorandum of | ||||||
24 | understanding with the Federal Bureau of Investigation for the | ||||||
25 | purpose of implementing the National Instant Criminal | ||||||
26 | Background Check System in the State. The Illinois State |
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1 | Police shall report the name, date of birth, and physical | ||||||
2 | description of any person prohibited from possessing a firearm | ||||||
3 | pursuant to the Firearm Owners Identification Card Act or 18 | ||||||
4 | U.S.C. 922(g) and (n) to the National Instant Criminal | ||||||
5 | Background Check System Index, Denied Persons Files.
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6 | (3) The Illinois State Police shall provide notice of the | ||||||
7 | disqualification of a person under subsection (b) of this | ||||||
8 | Section or the revocation of a person's Firearm Owner's | ||||||
9 | Identification Card under Section 8 or Section 8.2 of this | ||||||
10 | Act, and the reason for the disqualification or revocation, to | ||||||
11 | all law enforcement agencies with jurisdiction to assist with | ||||||
12 | the seizure of the person's Firearm Owner's Identification | ||||||
13 | Card. | ||||||
14 | (f) The Illinois State Police shall adopt rules not | ||||||
15 | inconsistent with this Section to implement this
system.
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16 | (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; | ||||||
17 | 102-813, eff. 5-13-22.)
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18 | Section 95. No acceleration or delay. Where this Act makes | ||||||
19 | changes in a statute that is represented in this Act by text | ||||||
20 | that is not yet or no longer in effect (for example, a Section | ||||||
21 | represented by multiple versions), the use of that text does | ||||||
22 | not accelerate or delay the taking effect of (i) the changes | ||||||
23 | made by this Act or (ii) provisions derived from any other | ||||||
24 | Public Act.
|