Illinois-2013-SB1171-Introduced

98TH GENERAL ASSEMBLY State of Illinois 2013 and 2014 SB1171

Introduced 1/30/2013, by Sen. Dan Kotowski

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 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.

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FISCAL NOTE ACT MAY APPLY

A BILL FOR

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1 AN ACT concerning firearms, which may be referred to as the

2 Gun Trafficking and Gang Violence Prevention Act.

3 Be it enacted by the People of the State of Illinois,

4 represented in the General Assembly:

5 Section 5. The Firearm Owners Identification Card Act is

6 amended by changing Sections 3 and 3.1 as follows:

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.

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

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.

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.)

2 (430 ILCS 65/3.1) (from Ch. 38, par. 83-3.1)

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.

14 (b) Upon receiving a request from a federally licensed

15 firearm dealer, gun show promoter, or gun show vendor, the

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

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.

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.

6 (f) The Department of State Police shall promulgate rules

7 not inconsistent with this Section to implement this system.

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.)