Bill Text: IL SB3219 | 2011-2012 | 97th General Assembly | Introduced

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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, 2013.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2013-01-08 - Session Sine Die [SB3219 Detail]

Download: Illinois-2011-SB3219-Introduced.html

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97TH GENERAL ASSEMBLY State of Illinois 2011 and 2012 SB3219 Introduced 2/1/2012, 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, 2013.
LRB097 18309 RLC 63535 b
FISCAL NOTE ACT MAY APPLY
A BILL FOR
SB3219 LRB097 18309 RLC 63535 b
AN ACT concerning firearms, which may be referred to as the
Gun Trafficking and Gang Violence Prevention Act.
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)
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 a
currently valid Firearm Owner's Identification Card which has
previously been issued in his name by the Department of State
Police under the provisions of this 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 Department of State
Police to conduct a background check on the prospective
recipient of the firearm in accordance with Section 3.1.
(a-10) Any person who is not a federally licensed importer,

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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. The federally
licensed firearm dealer shall conduct a background check on the
prospective recipient of the firearm in accordance with Section
3.1 of this Act and follow all other applicable federal, State,
and local laws as if he or she were the seller of the firearm.
The purchaser or transferee may be required by the federally
licensed firearm dealer to pay a fee not to exceed $10 per
firearm, which the dealer may retain as compensation for
performing the functions required under this subsection, plus
the applicable fees authorized by Section 3.1.
The provisions of this subsection (a-10) do not apply to:
(1) transfers 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;
(2) transfers by persons acting pursuant to operation
of law or a court order; or
(3) transfers on the grounds of a gun show.
(b) Any person within this State who transfers or causes to
be transferred any firearm, stun gun, or taser shall keep a

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record of such transfer for a period of 10 years from the date
of transfer. Such record 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. 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. 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 is a
petty offense.
(b-5) Any resident may purchase ammunition from a person
outside of Illinois. Any resident purchasing ammunition
outside the State of Illinois must provide the seller with a
copy of his or her valid Firearm Owner's Identification Card
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.
(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. 94-6, eff. 1-1-06; 94-284, eff. 7-21-05; 94-353,
eff. 7-29-05; 94-571, eff. 8-12-05; 95-331, eff. 8-21-07.)

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(430 ILCS 65/3.1) (from Ch. 38, par. 83-3.1)
Sec. 3.1. Dial up system.
(a) The Department of 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
show promoter, or gun show vendor who is to transfer a firearm,
stun gun, or taser under the provisions of this Act. The
Department of State Police may utilize existing technology
which allows the caller to be charged a fee not to exceed $2.
Fees collected by the Department of State Police shall be
deposited in the State Police 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
Department of State Police shall immediately approve, or within
the time period established by Section 24-3 of the Criminal
Code of 1961 regarding the delivery of firearms, 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, stun gun, or
taser. In conducting the inquiry, the Department of 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

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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.
(c) If receipt of a firearm would not violate Section 24-3
of the Criminal Code of 1961, federal law, or this Act the
Department of 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 Department of State Police for
the purchase of a firearm are valid for 30 days from the date
of issue.
(e) (1) The Department of State Police must act as the
Illinois Point of Contact for the National Instant Criminal
Background Check System.
(2) The Department of 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 Department of State
Police shall report the name, date of birth, and physical
description of any person prohibited from possessing a firearm

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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.
(f) The Department of State Police shall promulgate rules
not inconsistent with this Section to implement this system.
(g) 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. The Department of
State Police shall have the system completed and available for
use by July 1, 2013. The Department shall promulgate rules not
inconsistent with this Section to implement this system.
(Source: P.A. 94-6, eff. 1-1-06; 94-353, eff. 7-29-05; 95-331,
eff. 8-21-07; 95-564, eff. 6-1-08.)