98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB4507

Introduced , by Rep. Frank J. Mautino

SYNOPSIS AS INTRODUCED:
430 ILCS 65/3 from Ch. 38, par. 83-3

Amends the Firearm Owners Identification Card Act. Provides that the Department of State Police may not retain, copy, or distribute any information previously collected under the provisions concerning the transfer of firearms, stun guns, and tasers. Provides that the Department shall destroy all records of the dial up telephone system with respect to the call, other than the identifying number and the date the number was assigned, and all records of the system relating to the person or the transfer, within 31 days after the call. Provides that if the transfer of a firearm is denied by the Department of State Police, the Department may keep the records of a denial until the denial is appealed and overturned, or as long as necessary for a criminal prosecution. Defines "transfer". Effective immediately.
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A BILL FOR

HB4507LRB098 16442 RLC 51507 b
1 AN ACT concerning safety.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Firearm Owners Identification Card Act is
5amended by changing Section 3 as follows:
6 (430 ILCS 65/3) (from Ch. 38, par. 83-3)
7 Sec. 3. (a) Except as provided in Section 3a, no person may
8knowingly transfer, or cause to be transferred, any firearm,
9firearm ammunition, stun gun, or taser to any person within
10this State unless the transferee with whom he deals displays a
11currently valid Firearm Owner's Identification Card which has
12previously been issued in his name by the Department of State
13Police under the provisions of this Act. In addition, all
14firearm, stun gun, and taser transfers by federally licensed
15firearm dealers are subject to Section 3.1.
16 (a-5) Any person who is not a federally licensed firearm
17dealer and who desires to transfer or sell a firearm while that
18person is on the grounds of a gun show must, before selling or
19transferring the firearm, request the Department of State
20Police to conduct a background check on the prospective
21recipient of the firearm in accordance with Section 3.1.
22 (a-10) Any person who is not a federally licensed firearm
23dealer and who desires to transfer or sell a firearm or

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1firearms to any person who is not a federally licensed firearm
2dealer shall, before selling or transferring the firearms,
3contact the Department of State Police with the transferee's or
4purchaser's Firearm Owner's Identification Card number to
5determine the validity of the transferee's or purchaser's
6Firearm Owner's Identification Card. This subsection shall not
7be effective until January 1, 2014. The Department of State
8Police may adopt rules concerning the implementation of this
9subsection. The Department of State Police shall provide the
10seller or transferor an approval number if the purchaser's
11Firearm Owner's Identification Card is valid. Approvals issued
12by the Department for the purchase of a firearm pursuant to
13this subsection are valid for 30 days from the date of issue.
14 (a-15) The provisions of subsection (a-10) of this Section
15do not apply to:
16 (1) transfers that occur at the place of business of a
17 federally licensed firearm dealer, if the federally
18 licensed firearm dealer conducts a background check on the
19 prospective recipient of the firearm in accordance with
20 Section 3.1 of this Act and follows all other applicable
21 federal, State, and local laws as if he or she were the
22 seller or transferor of the firearm, although the dealer is
23 not required to accept the firearm into his or her
24 inventory. The purchaser or transferee may be required by
25 the federally licensed firearm dealer to pay a fee not to
26 exceed $10 per firearm, which the dealer may retain as

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1 compensation for performing the functions required under
2 this paragraph, plus the applicable fees authorized by
3 Section 3.1;
4 (2) transfers as a bona fide gift to the transferor's
5 husband, wife, son, daughter, stepson, stepdaughter,
6 father, mother, stepfather, stepmother, brother, sister,
7 nephew, niece, uncle, aunt, grandfather, grandmother,
8 grandson, granddaughter, father-in-law, mother-in-law,
9 son-in-law, or daughter-in-law;
10 (3) transfers by persons acting pursuant to operation
11 of law or a court order;
12 (4) transfers on the grounds of a gun show under
13 subsection (a-5) of this Section;
14 (5) the delivery of a firearm by its owner to a
15 gunsmith for service or repair, the return of the firearm
16 to its owner by the gunsmith, or the delivery of a firearm
17 by a gunsmith to a federally licensed firearms dealer for
18 service or repair and the return of the firearm to the
19 gunsmith;
20 (6) temporary transfers that occur while in the home of
21 the unlicensed transferee, if the unlicensed transferee is
22 not otherwise prohibited from possessing firearms and the
23 unlicensed transferee reasonably believes that possession
24 of the firearm is necessary to prevent imminent death or
25 great bodily harm to the unlicensed transferee;
26 (7) transfers to a law enforcement or corrections

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1 agency or a law enforcement or corrections officer acting
2 within the course and scope of his or her official duties;
3 (8) transfers of firearms that have been rendered
4 permanently inoperable to a nonprofit historical society,
5 museum, or institutional collection; and
6 (9) transfers to a person who is exempt from the
7 requirement of possessing a Firearm Owner's Identification
8 Card under Section 2 of this Act.
9 (a-20) The Department of State Police shall develop an
10Internet-based system for individuals to determine the
11validity of a Firearm Owner's Identification Card prior to the
12sale or transfer of a firearm. The Department shall have the
13Internet-based system completed and available for use by July
141, 2015. The Department shall adopt rules not inconsistent with
15this Section to implement this system.
16 (b) Any person within this State who transfers or causes to
17be transferred any firearm, stun gun, or taser shall keep a
18record of such transfer for a period of 10 years from the date
19of transfer. Such record shall contain the date of the
20transfer; the description, serial number or other information
21identifying the firearm, stun gun, or taser if no serial number
22is available; and, if the transfer was completed within this
23State, the transferee's Firearm Owner's Identification Card
24number and any approval number or documentation provided by the
25Department of State Police pursuant to subsection (a-10) of
26this Section. On or after January 1, 2006, the record shall

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1contain the date of application for transfer of the firearm. On
2demand of a peace officer such transferor shall produce for
3inspection such record of transfer. If the transfer or sale
4took place at a gun show, the record shall include the unique
5identification number. Failure to record the unique
6identification number or approval number is a petty offense.
7 (b-5) Any resident may purchase ammunition from a person
8within or outside of Illinois if shipment is by United States
9mail or by a private express carrier authorized by federal law
10to ship ammunition. Any resident purchasing ammunition within
11or outside the State of Illinois must provide the seller with a
12copy of his or her valid Firearm Owner's Identification Card
13and either his or her Illinois driver's license or Illinois
14State Identification Card prior to the shipment of the
15ammunition. The ammunition may be shipped only to an address on
16either of those 2 documents.
17 (c) The provisions of this Section regarding the transfer
18of firearm ammunition shall not apply to those persons
19specified in paragraph (b) of Section 2 of this Act.
20 (d) The Department of State Police may not retain, copy, or
21distribute any information previously collected under this
22Section. Except as provided in subsection (e) of this Section,
23the Department shall destroy all records of the dial up
24telephone system with respect to the call, other than the
25identifying number and the date the number was assigned, and
26all records of the system relating to the person or the

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1transfer, within 31 days after the call.
2 (e) If the transfer of a firearm is denied by the
3Department of State Police, the Department may keep the records
4of a denial until the denial is appealed and overturned, or as
5long as necessary for a criminal prosecution. For the purposes
6of this Act, "transfer" means the permanent transfer of
7possession, ownership, or title to a firearm. "Transfer" does
8not include any other condition of possession or use of a
9firearm, except as provided in this subsection (e).
10(Source: P.A. 97-1135, eff. 12-4-12; 98-508, eff. 8-19-13.)
11 Section 99. Effective date. This Act takes effect upon
12becoming law.