Bill Text: IL SB3092 | 2009-2010 | 96th General Assembly | Introduced

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Bill Title: Creates the Handgun Dealer Licensing Act. Provides for the regulation of handgun dealers through licensure by the Department of State Police. Provides that no person may sell or otherwise transfer, expose for sale or transfer, or have in his or her possession with the intent to sell or transfer any concealable firearm without being licensed under the Act. Provides, however, that the prohibition does not apply to a person who makes occasional sales, exchanges, or purchases of concealable firearms for the enhancement of a personal collection or as a hobby, or who sells all or part of his or her personal collection of firearms. Sets forth provisions concerning application, fees, duration of licensure, license retention requirements, submissions to the Department, penalties, revocation, and suspension. Grants rulemaking authority to the Department and provides that for the purpose of determining compliance with the Act, the Act may be enforced by any municipality in which a licensee is located or, if a licensee is not located in a municipality, by the county in which a licensee is located.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2010-03-18 - Added as Chief Co-Sponsor Sen. Jacqueline Y. Collins [SB3092 Detail]

Download: Illinois-2009-SB3092-Introduced.html

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96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 SB3092 Introduced 2/8/2010, by Sen. Don Harmon SYNOPSIS AS INTRODUCED:
New Act
Creates the Handgun Dealer Licensing Act. Provides for the regulation of handgun dealers through licensure by the Department of State Police. Provides that no person may sell or otherwise transfer, expose for sale or transfer, or have in his or her possession with the intent to sell or transfer any concealable firearm without being licensed under the Act. Provides, however, that the prohibition does not apply to a person who makes occasional sales, exchanges, or purchases of concealable firearms for the enhancement of a personal collection or as a hobby, or who sells all or part of his or her personal collection of firearms. Sets forth provisions concerning application, fees, duration of licensure, license retention requirements, submissions to the Department, penalties, revocation, and suspension. Grants rulemaking authority to the Department and provides that for the purpose of determining compliance with the Act, the Act may be enforced by any municipality in which a licensee is located or, if a licensee is not located in a municipality, by the county in which a licensee is located.
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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY FISCAL NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning handgun regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
Handgun Dealer Licensing Act.
Section 5. Definitions. In this Act:
"Department" means the Department of State Police.
"Handgun dealer" means any person who is:
(1) engaged in the business of selling concealable
firearms at wholesale or retail;
(2) engaged in the business of repairing concealable
firearms or making or fitting special barrels, stocks, or
trigger mechanisms to concealable firearms; or
(3) a pawnbroker whose business or occupation includes
the taking or receiving, by way of pledge or pawn, of any
concealable firearm as security for the payment or
repayment of money.
"Licensed dealer" means any firearms dealer who is
licensed under both this Act and Section 923 of the federal Gun
Control Act of 1968 (18 U.S.C. 923).
"Person" means an individual, firm, association, society,
partnership, limited liability company, corporation, or other
entity.

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"Engaged in the business" means the devotion of time,
attention, and labor to engaging in the activity as a regular
course of trade or business with the principal objective of
livelihood and profit. "Engaged in the business" does not
include the making of occasional repairs of concealable
firearms, or the occasional fitting of special barrels, stocks,
or trigger mechanisms to concealable firearms.
"Firearm" has the meaning given to that term in the Firearm
Owners Identification Card Act.
"Transfer" means the actual or attempted transfer of a
concealable firearm or concealable firearm ammunition, with or
without consideration. "Transfer" does not include the lease of
a concealable firearm, or the provision of ammunition
specifically for that firearm, if the firearm and the
ammunition are to be used on the lessor's premises, and does
not include any transfer of possession when the transferor
maintains supervision and control over the concealable firearm
or ammunition.
"With the principal objective of livelihood and profit"
means that the intent underlying the sale or disposition is
predominantly one of obtaining livelihood and pecuniary gain,
as opposed to other intents, such as improving or liquidating a
personal firearms collection; however, proof of profit shall
not be required as to a person who engages in the regular and
repetitive purchase and disposition of firearms for criminal
purposes or terrorism.

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Section 10. Unlicensed dealing; exemption.
(a) No person may sell or otherwise transfer, expose for
sale or transfer, or have in his or her possession with the
intent to sell or transfer any concealable firearm without
being licensed under this Act.
(b) This Section does not apply to a person who makes
occasional sales, exchanges, or purchases of concealable
firearms for the enhancement of a personal collection or as a
hobby, or who sells all or part of his or her personal
collection of firearms.
Section 15. License application; fees; penalty.
(a) The Department may grant a handgun dealer license to an
applicant who satisfies the following requirements:
(1) he or she is at least 21 years of age;
(2) he or she possesses a valid Firearm Owner's
Identification Card; and
(3) he or she submits to a background check conducted
by the Department that includes the initiation and
completion of 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

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or patient hospitalization information that would
disqualify a person from obtaining licensure under this
Act.
(b) An application for a handgun dealer license must be
made on forms prescribed by the Department. The application
must be verified by the applicant under oath and must be
accompanied by the required fee.
(c) The applicant must submit to the Department a license
fee of $300, payable at the time of application, and an
additional $300 payable every 3 years thereafter for so long as
the license is in effect.
(d) The applicant must submit to fingerprinting in
accordance with rules adopted by the Department and must pay a
fingerprint processing fee in the amount set by the Department
by rule.
(e) A person who knowingly makes a false statement or
knowingly conceals a material fact or uses false information or
identification in any application for a license under this Act
commits a Class A misdemeanor.
Section 20. Duration of licensure. A license granted under
this Act remains in effect until it is revoked, suspended, or
otherwise withdrawn by the Department or until it is
surrendered by the licensee.
Section 25. License retention requirements. A license

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granted under this Act is subject to all of the following
requirements:
(1) A licensed dealer may only transact business under
this Act at an address that has a zoning classification
that permits the operations of a retail establishment.
(2) A licensed dealer may not transact business in any
place other than the premises specified on his or her
license, except that a licensed dealer may display, sell,
or transfer firearms at a gun show open to the general
public or at any regular meeting of an incorporated
collectors club in accordance with this Act and federal
law.
(3) A licensed dealer may not violate any provision of
any federal or State law pertaining to the possession, use,
sale, or delivery of firearms.
(4) A licensed dealer must strictly adhere to the
provisions of all applicable federal and State laws and
local ordinances and local business license requirements.
(5) A separate license must be obtained for each
separate place of business. Before a licensed dealer moves
his or her place of business, he or she must promptly apply
to the Department for an amended license.
(6) The license, or a copy of the license certified by
the Department, must be conspicuously displayed at the
business premises.
(7) No concealable firearm may be displayed in any

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outer window of the business premises or in any other place
where it can readily be seen from the outside.
(8) Every concealable firearm must be unloaded when
delivered.
(9) A licensee must obtain a certificate of
registration issued under the Retailers' Occupation Tax
Act.
(10) The licensee must take reasonable precautions to
ensure that all concealable firearms that the licensee
sells will not be used illegally. These precautions
include, but are not limited to, the following:
(A) the refusal to sell a concealable firearm to a
person the licensee knows or has reason to know is
purchasing the firearm on behalf of another person who
could not legally purchase the firearm;
(B) the refusal to sell a concealable firearm to a
person who has provided a home address in a
municipality or county in which possession of that type
of concealable firearm is illegal, unless the
transferee presents reasonably satisfactory evidence
that the concealable firearm will not be used or
possessed unlawfully in that municipality or county;
and
(C) the refusal to sell a concealable firearm to a
person who has provided a home address in a
municipality or county that requires registration of

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the firearm, unless the purchaser presents
satisfactory evidence of compliance with the
registration requirement.
(11) A licensee must make his or her records relating
to the sale of concealable firearms available to any
officer or employee of the Department or of any unit of
local government in this State whenever the officer or
employee is authorized to enforce laws or ordinances
pertaining to firearms, provided that no officer or
employee may conduct any search or seizure other than an
inspection of a licensee's records relating to firearms
sales without a warrant and that nothing in this Section
shall authorize any search or seizure forbidden by the
United States Constitution or the Illinois Constitution.
Section 30. Submission to Department.
(a) A licensed dealer must, within 24 hours after making a
sale or transfer of a concealable firearm to a person who is
not licensed as a handgun dealer, submit a report concerning
that sale to the Department. The report must contain the
following information:
(1) the date of the sale or transfer;
(2) the identity and address of the dealer;
(3) the name, address, age, and occupation of the
transferee;
(4) the price of the firearm; and

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(5) the type, description, and number of the firearm.
(b) All records of the reports submitted under this Section
must be maintained by the Department on a computer database
capable of allowing the retrieval of information for each
dealer and each transferee. The computer database must also
contain a listing of each county or municipality that prohibits
one or more types of concealable firearm, and the type or types
of concealable firearms that are prohibited in that county or
municipality. Information in the database must be made
available to any law enforcement agency responsible for the
enforcement of any federal, State, or local law or ordinance
relating to firearms, and to any licensed dealer who requests
information relating to a person who is seeking to purchase one
or more firearms from that dealer. Except as specifically
provided in this Section, information in the database is deemed
the confidential record of the Department and is not subject to
disclosure under any other law.
(c) Any licensee who is required to keep a record of
transfer under subsection (b) of Section 3 of the Firearm
Owners Identification Card Act must report any transfer of a
firearm that occurred within the 24-month period immediately
preceding the effective date of this Act to the Department no
later than 30 days after the effective date of this Act. The
report must contain that information required by subsection (b)
of Section 3 of the Firearm Owners Identification Card Act. The
Department must include this report in the computer database

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required to be maintained under this Section.
Section 35. Penalty. Any person who sells, or who possesses
with intent to sell, trade, or transfer, any firearm without
being licensed under this Act is guilty of a Class 4 felony.
Section 40. Enforcement; rulemaking.
(a) This Act must be enforced by the Department, and may be
enforced, for the purpose of determining compliance with this
Act, by any municipality in which the licensee is located or,
if the licensee is not located in a municipality, by the county
in which the licensee is located.
(b) The Department shall adopt rules necessary for the
implementation and administration of this Act.
Section 45. Revocation; suspension. The Department, after
due notice to the licensee and reasonable opportunity for the
licensee to be heard, may revoke a license or may suspend a
license for a period of time that the Department may deem
proper upon satisfactory proof that the licensee has violated
or permitted a violation of any requirement of this Act or is
no longer eligible to obtain a license under this Act. A person
whose license has been revoked by the Department is
disqualified from receiving a license under this Act for 10
years after the revocation. Any person who has substantially
participated in the operation or management of a licensee that

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has had a license revoked may not be employed by or participate
in the business of any other licensee for 10 years after the
revocation. Proceedings for revocation or suspension under
this Section may be initiated by the Department or by any
municipality or county.