Bill Text: IL SB1171 | 2013-2014 | 98th General Assembly | Introduced
Bill Title: 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, 2014.
Spectrum: Partisan Bill (Democrat 9-0)
Status: (Failed) 2015-01-13 - Session Sine Die [SB1171 Detail]
Download: Illinois-2013-SB1171-Introduced.html
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1 | AN ACT concerning firearms, which may be referred to as the | ||||||||||||||||||||||||||
2 | Gun Trafficking and Gang Violence Prevention Act.
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3 | Be it enacted by the People of the State of Illinois,
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4 | represented in the General Assembly:
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5 | Section 5. The Firearm Owners Identification Card Act is | ||||||||||||||||||||||||||
6 | amended by changing Sections 3 and 3.1 as follows:
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7 | (430 ILCS 65/3) (from Ch. 38, par. 83-3) | ||||||||||||||||||||||||||
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 a | ||||||||||||||||||||||||||
12 | currently valid Firearm Owner's
Identification Card which has | ||||||||||||||||||||||||||
13 | previously been issued in his name by the
Department of State | ||||||||||||||||||||||||||
14 | Police under the provisions of this Act. In addition,
all | ||||||||||||||||||||||||||
15 | firearm, stun gun, and taser transfers by federally licensed | ||||||||||||||||||||||||||
16 | firearm dealers are subject
to Section 3.1. | ||||||||||||||||||||||||||
17 | (a-5) Any person who is not a federally licensed firearm | ||||||||||||||||||||||||||
18 | dealer and who desires to transfer or sell a firearm while that | ||||||||||||||||||||||||||
19 | person is on the grounds of a gun show must, before selling or | ||||||||||||||||||||||||||
20 | transferring the firearm, request the Department of State | ||||||||||||||||||||||||||
21 | Police to conduct a background check on the prospective | ||||||||||||||||||||||||||
22 | recipient of the firearm in accordance with Section 3.1.
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23 | (a-10) Any person who is not a federally licensed importer, |
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1 | manufacturer, or dealer and who desires to sell or transfer a | ||||||
2 | firearm of a size that may be concealed upon the person to | ||||||
3 | another person, who is not a federally licensed importer, | ||||||
4 | manufacturer, or dealer, shall do so only at the place of | ||||||
5 | business of a federally licensed firearm dealer. The federally | ||||||
6 | licensed firearm dealer shall conduct a background check on the | ||||||
7 | prospective recipient of the firearm in accordance with Section | ||||||
8 | 3.1 of this Act and follow all other applicable federal, State, | ||||||
9 | and local laws as if he or she were the seller of the firearm. | ||||||
10 | The purchaser or transferee may be required by the federally | ||||||
11 | licensed firearm dealer to pay a fee not to exceed $10 per | ||||||
12 | firearm, which the dealer may retain as compensation for | ||||||
13 | performing the functions required under this subsection, plus | ||||||
14 | the applicable fees authorized by Section 3.1. | ||||||
15 | The provisions of this subsection (a-10) do not apply to: | ||||||
16 | (1) transfers to the transferor's husband, wife, son, | ||||||
17 | daughter, stepson, stepdaughter, father, mother, | ||||||
18 | stepfather, stepmother, brother, sister, nephew, niece, | ||||||
19 | uncle, aunt, grandfather, grandmother, grandson, | ||||||
20 | granddaughter, father-in-law, mother-in-law, son-in-law or | ||||||
21 | daughter-in-law; | ||||||
22 | (2) transfers by persons acting pursuant to operation | ||||||
23 | of law or a court order; or | ||||||
24 | (3) transfers on the grounds of a gun show. | ||||||
25 | (b) Any person within this State who transfers or causes to | ||||||
26 | be
transferred any firearm, stun gun, or taser shall keep a |
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1 | record of such transfer for a period
of 10 years from the date | ||||||
2 | of transfer. Such record shall contain the date
of the | ||||||
3 | transfer; the description, serial number or other information
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4 | identifying the firearm, stun gun, or taser if no serial number | ||||||
5 | is available; and, if the
transfer was completed within this | ||||||
6 | State, the transferee's Firearm Owner's
Identification Card | ||||||
7 | number. On or after January 1, 2006, the record shall contain | ||||||
8 | the date of application for transfer of the firearm. On demand | ||||||
9 | of a peace officer such transferor
shall produce for inspection | ||||||
10 | such record of transfer. If the transfer or sale took place at | ||||||
11 | a gun show, the record shall include the unique identification | ||||||
12 | number. Failure to record the unique identification number is a | ||||||
13 | petty offense.
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14 | (b-5) Any resident may purchase ammunition from a person | ||||||
15 | within or outside of Illinois if shipment is by United States | ||||||
16 | mail or by a private express carrier authorized by federal law | ||||||
17 | to ship ammunition. Any resident purchasing ammunition within | ||||||
18 | or outside the State of Illinois must provide the seller with a | ||||||
19 | copy of his or her valid Firearm Owner's Identification Card | ||||||
20 | and either his or her Illinois driver's license or Illinois | ||||||
21 | State Identification Card prior to the shipment of the | ||||||
22 | ammunition. The ammunition may be shipped only to an address on | ||||||
23 | either of those 2 documents. | ||||||
24 | (c) The provisions of this Section regarding the transfer | ||||||
25 | of firearm
ammunition shall not apply to those persons | ||||||
26 | specified in paragraph (b) of
Section 2 of this Act. |
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1 | (Source: P.A. 97-1135, eff. 12-4-12.)
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2 | (430 ILCS 65/3.1) (from Ch. 38, par. 83-3.1)
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3 | Sec. 3.1. Dial up system. | ||||||
4 | (a) The Department of State Police shall provide
a dial up | ||||||
5 | telephone system or utilize other existing technology which | ||||||
6 | shall be used by any federally licensed
firearm dealer, gun | ||||||
7 | show promoter, or gun show vendor who is to transfer a firearm, | ||||||
8 | stun gun, or taser under the provisions of this
Act. The | ||||||
9 | Department of State Police may utilize existing technology | ||||||
10 | which
allows the caller to be charged a fee not to exceed $2. | ||||||
11 | Fees collected by the Department of
State Police shall be | ||||||
12 | deposited in the State Police Services Fund and used
to provide | ||||||
13 | the service.
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14 | (b) Upon receiving a request from a federally licensed | ||||||
15 | firearm dealer, gun show promoter, or gun show vendor, the
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16 | Department of State Police shall immediately approve, or within | ||||||
17 | the time
period established by Section 24-3 of the Criminal | ||||||
18 | Code of 2012 1961 regarding
the delivery of firearms, stun | ||||||
19 | guns, and tasers notify the inquiring dealer, gun show | ||||||
20 | promoter, or gun show vendor of any objection that
would | ||||||
21 | disqualify the transferee from acquiring or possessing a | ||||||
22 | firearm, stun gun, or taser. In
conducting the inquiry, the | ||||||
23 | Department of State Police shall initiate and
complete an | ||||||
24 | automated search of its criminal history record information
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25 | files and those of the Federal Bureau of Investigation, |
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1 | including the
National Instant Criminal Background Check | ||||||
2 | System, and of the files of
the Department of Human Services | ||||||
3 | relating to mental health and
developmental disabilities to | ||||||
4 | obtain
any felony conviction or patient hospitalization | ||||||
5 | information which would
disqualify a person from obtaining or | ||||||
6 | require revocation of a currently
valid Firearm Owner's | ||||||
7 | Identification Card. | ||||||
8 | (c) If receipt of a firearm would not violate Section 24-3 | ||||||
9 | of the Criminal Code of 2012 1961 , federal law, or this Act the | ||||||
10 | Department of 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 Department of State Police for | ||||||
16 | the purchase of a firearm are valid for 30 days from the date | ||||||
17 | of issue.
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18 | (e) (1) The Department of State Police must act as the | ||||||
19 | Illinois Point of Contact
for the National Instant Criminal | ||||||
20 | Background Check System. | ||||||
21 | (2) The Department of State Police and the Department of | ||||||
22 | Human 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 Department of 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 | (f) The Department of State Police shall promulgate rules | ||||||
7 | not inconsistent with this Section to implement this
system.
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8 | (g) The Department of State Police shall develop an | ||||||
9 | Internet based system for individuals to request the Department | ||||||
10 | of State Police to conduct an instant criminal background check | ||||||
11 | prior to the sale or transfer of a handgun. The Department of | ||||||
12 | State Police shall have the system completed and available for | ||||||
13 | use by July 1, 2014. The Department shall adopt rules not | ||||||
14 | inconsistent with this Section to implement this system. | ||||||
15 | (Source: P.A. 94-6, eff. 1-1-06; 94-353, eff. 7-29-05; 95-331, | ||||||
16 | eff. 8-21-07; 95-564, eff. 6-1-08 .)
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