SB0337 Engrossed LRB100 05120 SMS 15130 b
1		AN ACT concerning regulation.
2		Be it enacted by the People of the State of Illinois,
3		represented in the General Assembly:
4		ARTICLE 1. COMBATING ILLEGAL GUN TRAFFICKING ACT
5		Section 1-1. References to Act. This Act may be referred
6		to as the Combating Illegal Gun Trafficking Act.
7		ARTICLE 5. FIREARM DEALER LICENSE CERTIFICATION ACT
8		Section 5-1. Short title. This Article 1 may be cited as
9		the Firearm Dealer License Certification Act. References in
10		this Article to "this Act" mean this Article.
11		Section 5-5. Definitions. In this Act:
12		"Certified licensee" means a licensee that has previously
13		certified its license with the Department under this Act.
14		"Department" means the Department of State Police.
15		"Director" means the Director of State Police.
16		"Entity" means any person, firm, corporation, group of
17		individuals, or other legal entity.
18		"Inventory" means firearms in the possession of an
19		individual or entity for the purpose of sale or transfer.
20		"License" means a Federal Firearms License authorizing a

SB0337 Engrossed - 2 - LRB100 05120 SMS 15130 b
1		person or entity to engage in the business of dealing firearms.
2		"Licensee" means a person, firm, corporation, or other
3		entity who has been given, and is currently in possession of, a
4		valid Federal Firearms License.
5		"Retail location" means a store or similar location open to
6		the public from which a certified licensee engages in the
7		business of selling, transferring, or facilitating a sale or
8		transfer of a firearm. For purposes of this Act, a gun show at
9		which a certified licensee engages in business from time to
10		time is not a retail location.
11		Section 5-10. Copy of Federal Firearms License filed with
12		the Department. Each licensee shall file with the Department a
13		copy of its license, together with a sworn affidavit indicating
14		that the license presented is in fact its license and that the
15		license is valid. Upon receipt and review by the Department,
16		the Department shall issue a certificate of license to the
17		licensee, allowing the licensee to conduct business within this
18		State. The Department shall issue an initial certificate of
19		license within 30 days of receipt of the copy of license and
20		sworn affidavit.
21		Section 5-15. Certification requirement.
22		(a) Beginning 90 days after the effective date of this Act,
23		it is unlawful for a person or entity to engage in the business
24		of selling, leasing, or otherwise transferring firearms

SB0337 Engrossed - 3 - LRB100 05120 SMS 15130 b
1		without a valid certificate of license issued under this Act.
2		In the event that a person or entity maintains multiple
3		licenses to engage in different lines of business requiring
4		different licenses at one location, then the licenses shall be
5		deemed one license for purposes of certification. In the event
6		that a person or entity maintains multiple licenses to engage
7		in business at multiple locations, under the same business name
8		or a different business name, then each license and location
9		must receive its own certification.
10		(b) It is unlawful for a person or entity without first
11		being a certified licensee under this Act to act as if he or
12		she is certified under this Act, to advertise, to assume to act
13		as a certified licensee or to use a title implying that the
14		person or entity is engaged in business as a certified licensee
15		without a license certified under this Act.
16		(c) It is unlawful to obtain or attempt to obtain any
17		certificate of license under this Act by material misstatement
18		or fraudulent misrepresentation. Notwithstanding the
19		provisions of Section 5-85, in addition to any penalty imposed
20		under this Section, any certificate of license obtained under
21		this Act due to material misstatement or fraudulent
22		misrepresentation shall automatically be revoked.
23		(d) A person who violates any provision of this Section is
24		guilty of a Class A misdemeanor for a first violation, and a
25		Class 4 felony for a second or subsequent violation.
26		(e) In addition to any other penalty provided by law, any

SB0337 Engrossed - 4 - LRB100 05120 SMS 15130 b
1		person or entity who violates any provision of this Section
2		shall pay a civil penalty to the Department in an amount not to
3		exceed $10,000 for each offense, as determined by the
4		Department. The civil penalty shall be assessed by the
5		Department after a hearing is held in accordance with Sections
6		5-95 and 5-100.
7		(f) The Department has the authority and power to
8		investigate any and all unlicensed activity requiring a license
9		certified under this Act.
10		(g) The civil penalty shall be paid within 60 days after
11		the effective date of the order imposing the civil penalty. The
12		order shall constitute a judgment and may be filed and
13		execution had thereon in the same manner as any judgment from
14		any court of record.
15		(h) In the event the certification of a certified licensee
16		is revoked, it shall be a violation of this Act for the revoked
17		licensee to seek certification of a license held under a
18		different name, or to re-open as a certified licensee under
19		another name using the same license or as the same person or
20		entity doing business under a different name.
21		(i) The Department shall require all of the following
22		information from each applicant for certification under this
23		Act:
24		(1) The name, full business address, and telephone
25		number of the entity. The business address for the entity
26		shall be the complete street address where firearms in the

SB0337 Engrossed - 5 - LRB100 05120 SMS 15130 b
1		inventory of the entity are regularly stored, shall be
2		located within the State, and may not be a Post Office Box.
3		(2) All trade, business, or assumed names used by the
4		certified licensee by and under which the certified
5		licensee sells, transfers, or facilitates transfers of
6		firearms.
7		(3) The type of ownership or operation, such as a
8		partnership, corporation, or sole proprietorship.
9		(4) The name of the owner or operator of the
10		dealership, including:
11		(A) if a person, then the name and address of
12		record of the person;
13		(B) if a partnership, then the name and address of
14		record of each partner and the name of the partnership;
15		(C) if a corporation, then the name, address of
16		record, and title of each corporate officer and
17		director, and each owner of more than 5% of the
18		corporation, the corporate names, and the name of the
19		state of incorporation; and
20		(D) if a sole proprietorship, then the full name
21		and address of record of the sole proprietor and the
22		name of the business entity.
23		Section 5-20. Additional licensee requirements.
24		(a) A certified licensee shall make a photo copy of a
25		buyer's or transferee's valid photo identification card

SB0337 Engrossed - 6 - LRB100 05120 SMS 15130 b
1		whenever a firearm sale transaction takes place. The photo copy
2		shall be attached to the documentation detailing the record of
3		sale.
4		(b) A certified licensee shall post in a conspicuous
5		position on the premises where the licensee conducts business a
6		sign that contains the following warning in block letters not
7		less than one inch in height:
8		"With few exceptions, it is unlawful for you to:
9		(A) store or leave an unsecured firearm in a place
10		where a child can obtain access to it;
11		(B) sell or transfer your firearm to someone else
12		without receiving approval for the transfer from the
13		Department of State Police, or
14		(C) fail to report the loss or theft of your
15		firearm to local law enforcement within 72 hours.".
16		(c) No retail location established after the effective date
17		of this Act shall be located within 500 feet of any school,
18		pre-school, or day care facility in existence at its location
19		before the retail location is established.
20		Section 5-25. Exemptions.
21		The provisions of this Act related to the certification of
22		a license do not apply to a person or entity that engages in
23		the following activities:
24		(1) temporary transfers of firearms solely for use at
25		the location or on the premises where the transfer takes

SB0337 Engrossed - 7 - LRB100 05120 SMS 15130 b
1		place, such as transfers at a shooting range for use at
2		that location;
3		(2) temporary transfers of firearms solely for use
4		while in the presence of the transferor or transfers for
5		the purposes of firearm safety training by a firearms
6		safety training instructor;
7		(3) transfers of firearms among immediate family or
8		household members, as "immediate family or household
9		member" is defined in Section 3-2.7-10 of the Unified Code
10		of Corrections, provided that both the transferor and
11		transferee have a currently valid Firearm Owner's
12		Identification Card; however, this paragraph (3) does not
13		limit the familial gift exemption under paragraph (2) of
14		subsection (a-15) of Section 3 of the Firearm Owners
15		Identification Card Act;
16		(4) transfers by persons or entities acting under
17		operation of law or a court order;
18		(5) transfers by persons or entities liquidating all or
19		part of a collection. For purposes of this paragraph (5),
20		"collection" means 2 or more firearms which are of special
21		interest to collectors by reason of some quality other than
22		is associated with firearms intended for sporting use or as
23		offensive or defensive weapons;
24		(6) transfers of firearms that have been rendered
25		permanently inoperable to a nonprofit historical society,
26		museum, or institutional collection;

SB0337 Engrossed - 8 - LRB100 05120 SMS 15130 b
1		(7) transfers by a law enforcement or corrections
2		agency or a law enforcement or corrections officer acting
3		within the course and scope of his or her official duties;
4		(8) transfers to a State or local law enforcement
5		agency by a person who has his or her Firearm Owner's
6		Identification Card revoked;
7		(9) transfers of curios and relics, as defined under
8		federal law, between collectors licensed under subsection
9		(b) of Section 923 of the federal Gun Control Act of 1968;
10		(10) transfers by a person or entity licensed as an
11		auctioneer under the Auction License Act; or
12		(11) transfers between a pawnshop and a customer which
13		amount to a bailment. For purposes of this paragraph (11),
14		"bailment" means the act of placing property in the custody
15		and control of another, by agreement in which the holder is
16		responsible for the safekeeping and return of the property.
17		Section 5-30. Training of certified licensees. Any
18		certified licensee and any employee of a certified licensee who
19		sells or transfers firearms shall receive at least 2 hours of
20		training annually regarding legal requirements and responsible
21		business practices as applicable to the sale or transfer or
22		firearms. The Department may adopt rules regarding continuing
23		education for certified licensees.
24		Section 5-35. Inspection of licensees' places of business.

SB0337 Engrossed - 9 - LRB100 05120 SMS 15130 b
1		Licensees shall have their places of business open for
2		inspection by the Department and law enforcement during all
3		hours of operation, provided that the Department or law
4		enforcement may conduct no more than one unannounced inspection
5		per business per year without good cause. Licensees shall make
6		all records, documents, and firearms accessible for inspection
7		upon the request of the Department or law enforcement agency.
8		Section 5-40. Qualifications for operation.
9		(a) Each certified licensee shall submit with each
10		application for certification or renewal an affidavit to the
11		Department stating that each owner, employee, or other agent of
12		the certified licensee who sells or conducts transfers of
13		firearms for the certified licensee is at least 21 years of
14		age, has a currently valid Firearm Owner's Identification Card
15		and, for a renewal, has completed the training required under
16		Section 5-30. The affidavit must also contain the name and
17		Firearm Owner's Identification Card number of each owner,
18		employee, or other agent who sells or conducts transfers of
19		firearms for the certified licensee.
20		(b) In addition to the affidavit required under subsection
21		(a), within 30 days of a new owner, employee, or other agent
22		beginning selling or conducting transfers of firearms for the
23		certified licensee, the certified licensee shall submit an
24		affidavit to the Department stating the date that the new
25		owner, employee, or other agent began selling or conducting

SB0337 Engrossed - 10 - LRB100 05120 SMS 15130 b
1		transfers of firearms for the certified licensee, and providing
2		the information required in subsection (a) for that new owner,
3		employee, or other agent.
4		(c) Each certified licensee must not have had a license or
5		permit to sell, lease, transfer, purchase, or possess firearms
6		from the federal government or the government of any state or
7		subdivision of any state revoked or suspended for good cause
8		within the preceding 3 years. The Department may consider the
9		revocation or suspension within the context of the conduct of
10		the certified licensee within this State, the number of retail
11		locations the certified licensee or any related person or
12		entity operates in this State or in other states, under the
13		same or different business names, and the severity of the
14		infraction leading to revocation or suspension.
15		(d) Applications and affidavits required under this
16		Section are not subject to disclosure by the Department under
17		the Freedom of Information Act.
18		Section 5-45. Issuance of subpoenas. The Department may
19		subpoena and bring before it any person or entity to take oral
20		or written testimony or may compel the production of any books,
21		papers, records, or any other documents that the Department
22		deems relevant or material to an investigation or hearing
23		conducted by the Department in the enforcement of this Act,
24		with the same fees and in the same manner prescribed in civil
25		cases in the courts of this State.

SB0337 Engrossed - 11 - LRB100 05120 SMS 15130 b
1		Section 5-50. Security system.
2		(a) On or before January 2, 2021, each certified licensee
3		operating a retail location in this State must maintain a video
4		security system and shall maintain video surveillance of
5		critical areas of the business premises, including, but not
6		limited to, all places where firearms are stored, handled,
7		sold, transferred, or carried, and each entrance and exit. A
8		video surveillance system of the certified licensee's retail
9		location may not be installed in a bathroom and may not monitor
10		inside the bathrooms located in the retail location.
11		(b) Each certified licensee operating a retail
12		establishment in this State must post a sign in a conspicuous
13		place at each entrance to the retail location that states in
14		block letters not less than one inch in height: "THESE PREMISES
15		ARE UNDER VIDEO SURVEILLANCE. YOUR IMAGE MAY BE RECORDED.".
16		(c) On or before January 2, 2020, each certified licensee
17		maintaining an inventory of firearms for sale or transfer must
18		be connected to an alarm monitoring system or service that will
19		notify its local law enforcement agency of an unauthorized
20		intrusion into the premises of the licensee where the firearm
21		inventory is maintained.
22		Section 5-55. Safe storage by certified licensees. In
23		addition to adequate locks, exterior lighting, surveillance
24		cameras, alarm systems, and other anti-theft measures and

SB0337 Engrossed - 12 - LRB100 05120 SMS 15130 b
1		practices, a certified licensee maintaining a retail location
2		shall develop a plan that addresses the safe storage of
3		firearms and ammunition during retail hours and after closing.
4		The certified licensee shall submit its safe storage plan to
5		the Department and the plan shall be deemed approved unless it
6		is rejected by the Department. The Department may reject the
7		plan if it is inadequate, along with a written statement
8		describing the inadequacy. The certified licensee shall submit
9		a corrected plan to the Department within 60 days of notice of
10		an inadequate plan. In the event there are still problems with
11		the corrected plan, the certified licensee shall have 60 days
12		from each notice of an inadequate plan to submit a corrected
13		plan. The Department may reject the corrected plan if it is
14		inadequate. A certified licensee may operate at all times that
15		a plan is on file with the Department, and during times
16		permitted by this Section to prepare and submit corrected
17		plans. That any certified licensee has operated without an
18		approved safe storage plan for more than 60 days shall be
19		grounds for revocation of a certificate of license. The
20		Department may adopt rules regarding the adequacy of a safe
21		storage plan. Safe storage plans required under this Section
22		are not subject to disclosure by the Department under the
23		Freedom of Information Act.
24		Section 5-60. Statewide compliance standards. The
25		Department shall develop and implement by rule a statewide

SB0337 Engrossed - 13 - LRB100 05120 SMS 15130 b
1		standard for assisting certified licensees in recognizing
2		indicators that would lead a reasonable dealer to refuse sale
3		of a firearm.
4		Section 5-65. Electronic-based recordkeeping. On or before
5		January 2, 2020, each certified licensee shall implement an
6		electronic-based record system to keep track of its changing
7		inventory by updating the make, model, caliber or gauge, and
8		serial number of each firearm that is received or sold by the
9		certified licensee. Retail sales and purchases shall be
10		recorded within 24 hours of the transaction. Shipments of
11		firearms from manufacturers or wholesalers shall be recorded
12		upon the earlier of five business days or with 24 hours of the
13		shipment being unpacked and the firearm placed in inventory.
14		Each certified licensee shall maintain these records for a
15		period of no less than the time period under 27 CFR 478.129 or
16		any subsequent law that regulates the retention of records.
17		Section 5-70. Fees and fines deposited in the Firearm
18		Dealer License Certification Fund. The Department shall set
19		and collect a fee for each licensee certifying under this Act.
20		The fee may not exceed $300 for a certified licensee operating
21		without a retail location. The fee may not exceed $1,500 for
22		any certified licensee operating with a retail location. The
23		Department shall consider the number of retail locations
24		operated by the certified licensee in this State, under the

SB0337 Engrossed - 14 - LRB100 05120 SMS 15130 b
1		same or different business names, and shall set fees
2		appropriate for certifying multiple licenses operated by the
3		certified licensee. All fees and fines collected under this Act
4		shall be deposited in the Firearm Dealer License Certification
5		Fund which is created in the State treasury. Moneys in the Fund
6		shall be used for implementation and administration of this
7		Act.
8		Section 5-75. Term of license. Each certification shall be
9		valid for the term of the license being certified. A licensee
10		shall certify each new or renewed license. However, the
11		Department is not required to renew a certification if a prior
12		certification has been revoked or suspended.
13		Section 5-80. Retention of records. Each certified
14		licensee shall keep, either in electronic form or hard copy,
15		all inventory records for a period of time no less than the
16		time required under 27 CFR 478.129 or any subsequent law that
17		regulates the retention of records. All video surveillance
18		records, along with any sound recordings obtained from them,
19		shall be kept for a period of not less than 90 days.
20		Section 5-85. Disciplinary sanctions.
21		(a) For violations of this Act not penalized under Section
22		5-15, the Department may refuse to renew or restore, or may
23		reprimand, place on probation, suspend, revoke, or take other

SB0337 Engrossed - 15 - LRB100 05120 SMS 15130 b
1		disciplinary or non-disciplinary action against any licensee,
2		and may impose a fine commensurate with the severity of the
3		violation not to exceed $10,000 for each violation for any of
4		the following, consistent with the Protection of Lawful
5		Commerce in Arms Act, 15 U.S.C. 7901 through 7903:
6		(1) Violations of this Act, or any law applicable to
7		the sale or transfer of firearms.
8		(2) A pattern of practice or other behavior which
9		demonstrates incapacity or incompetency to practice under
10		this Act.
11		(3) Aiding or assisting another person in violating any
12		provision of this Act or rules adopted under this Act.
13		(4) Failing, within 60 days, to provide information in
14		response to a written request made by the Department.
15		(5) Conviction of, plea of guilty to, or plea of nolo
16		contendere to any crime that disqualifies the person from
17		obtaining a valid Firearm Owner's Identification Card.
18		(6) Continued practice, although the person has become
19		unfit to practice due to any of the following:
20		(A) Any circumstance that disqualifies the person
21		from obtaining a valid Firearm Owner's Identification
22		Card or concealed carry license.
23		(B) Habitual or excessive use or abuse of drugs
24		defined in law as controlled substances, alcohol, or
25		any other substance that results in the inability to
26		practice with reasonable judgment, skill, or safety.

SB0337 Engrossed - 16 - LRB100 05120 SMS 15130 b
1		(7) Receiving, directly or indirectly, compensation
2		for any firearms sold or transferred illegally.
3		(8) Discipline by another United States jurisdiction,
4		foreign nation, or governmental agency, if at least one of
5		the grounds for the discipline is the same or substantially
6		equivalent to those set forth in this Act.
7		(9) Violation of any disciplinary order imposed on a
8		licensee by the Department.
9		(10) A finding by the Department that the licensee,
10		after having his or her certified license placed on
11		probationary status, has violated the terms of probation.
12		(11) A fraudulent or material misstatement in the
13		completion of an affirmative obligation or inquiry by law
14		enforcement.
15		(b) All fines imposed under this Section shall be paid
16		within 60 days after the effective date of the final order
17		imposing the fine.
18		Section 5-90. Statute of limitations. No action may be
19		taken under this Act against a person or entity certified under
20		this Act unless the action is commenced within 5 years after
21		the occurrence of the alleged violations. A continuing
22		violation shall be deemed to have occurred on the date when the
23		circumstances last existed that give rise to the alleged
24		violation.

SB0337 Engrossed - 17 - LRB100 05120 SMS 15130 b
1		Section 5-95. Complaints; investigations; hearings.
2		(a) The Department may investigate the actions of any
3		applicant or of any person or persons holding or claiming to
4		hold a license or registration under this Act.
5		(b) The Department shall, before disciplining a licensee
6		under Section 5-85 or refusing to issue a certificate of
7		license, at least 30 days before the date set for the hearing,
8		(i) notify the accused in writing of the charges made and the
9		time and place for the hearing on the charges, (ii) direct him
10		or her to file a written answer to the charges under oath
11		within 20 days after service, and (iii) inform the licensee
12		that failure to answer will result in a default being entered
13		against the licensee.
14		(c) At the time and place fixed in the notice, the Director
15		or the hearing officer appointed by the Director shall proceed
16		to hear the charges, and the parties or their counsel shall be
17		accorded ample opportunity to present any pertinent
18		statements, testimony, evidence, and arguments. The Director
19		or hearing officer may continue the hearing from time to time.
20		In case the person, after receiving the notice, fails to file
21		an answer, his, her, or its license may, in the discretion of
22		the Director, having first received the recommendation of the
23		Director, be suspended, revoked, or placed on probationary
24		status, or be subject to whatever disciplinary action the
25		Director considers proper, including limiting the scope,
26		nature, or extent of the person's business, or the imposition

SB0337 Engrossed - 18 - LRB100 05120 SMS 15130 b
1		of a fine, without hearing, if the act or acts charged
2		constitute sufficient grounds for that action under this Act.
3		(d) The written notice and any notice in the subsequent
4		proceeding may be served by certified mail to the licensee's
5		address of record.
6		(e) The Director has the authority to appoint any attorney
7		licensed to practice law in this State to serve as the hearing
8		officer in any action for refusal to issue, restore, or renew a
9		license, or to discipline a licensee. The hearing officer has
10		full authority to conduct the hearing.
11		Section 5-100. Hearing; rehearing.
12		(a) The Director or the hearing officer authorized by the
13		Department shall hear evidence in support of the formal charges
14		and evidence produced by the licensee. At the conclusion of the
15		hearing, the Director shall prepare a written report of his or
16		her findings of fact, conclusions of law, and recommendations.
17		The report shall contain a finding of whether the accused
18		person violated this Act or failed to comply with the
19		conditions required in this Act.
20		(b) At the conclusion of the hearing, a copy of the
21		Director's or hearing officer's report shall be served upon the
22		licensee by the Department, either personally or as provided in
23		this Act, for the service of a notice of hearing. Within 20
24		calendar days after service, the licensee may present to the
25		Department a motion in writing for a rehearing, which shall

SB0337 Engrossed - 19 - LRB100 05120 SMS 15130 b
1		specify the particular grounds for rehearing. The Department
2		may respond to the motion for rehearing within 20 calendar days
3		after its service on the Department. If no motion for rehearing
4		is filed, then upon the expiration of the time specified for
5		filing such a motion, or upon denial of a motion for rehearing,
6		the Director may enter an order in accordance with his or her
7		recommendations or the recommendations of the hearing officer.
8		If the licensee orders from the reporting service and pays for
9		a transcript of the record within the time for filing a motion
10		for rehearing, the 20-day period within which a motion may be
11		filed shall commence upon the delivery of the transcript to the
12		licensee.
13		(c) All proceedings under this Section are matters of
14		public record and shall be preserved.
15		(d) The licensee may continue to operate during the course
16		of an investigation or hearing, unless the Director finds that
17		the public interest, safety, or welfare requires an emergency
18		action.
19		(e) Upon the suspension or revocation of a certificate of
20		license, the licensee shall surrender the certificate to the
21		Department and, upon failure to do so, the Department shall
22		seize the same. However, when the certification of a certified
23		licensee is suspended, the certified licensee shall not operate
24		as a certified licensee during the period in which the
25		certificate is suspended and, if operating during that period,
26		shall be operating in violation of subsection (a) of Section

SB0337 Engrossed - 20 - LRB100 05120 SMS 15130 b
1		5-15 of this Act. A person who violates this Section is guilty
2		of a Class A misdemeanor for a first violation, and a Class 4
3		felony for a second or subsequent violation. In addition to any
4		other penalty provided by law, any person or entity who
5		violates this Section shall pay a civil penalty to the
6		Department in an amount not to exceed $2,500 for the first
7		violation, and a fine not to exceed $5,000 for a second or
8		subsequent violation.
9		Section 5-105. Restoration of certificate of license after
10		disciplinary proceedings. At any time after the successful
11		completion of a term of indefinite probation, indefinite
12		suspension, or revocation of a certificate of license, the
13		Department may restore it to the licensee, unless, after an
14		investigation and a hearing, the Director determines that
15		restoration is not in the public interest. No person or entity
16		whose certificate of license, card, or authority has been
17		revoked as authorized in this Act may apply for restoration of
18		that certificate of license, card, or authority until such time
19		as provided for in the Civil Administrative Code of Illinois.
20		Section 5-110. Administrative review. All final
21		administrative decisions of the Department are subject to
22		judicial review under Article III of the Code of Civil
23		Procedure. The term "administrative decision" is defined as in
24		Section 3-101 of the Code of Civil Procedure. The proceedings

SB0337 Engrossed - 21 - LRB100 05120 SMS 15130 b
1		for judicial review shall be commenced in the circuit court of
2		the county in which the party applying for review resides, but
3		if the party is not a resident of this State, the venue shall
4		be in Sangamon County. The Department shall not be required to
5		certify any record to the court, or file any answer in court,
6		or otherwise appear in any court in a judicial review
7		proceeding, unless, and until, the Department has received from
8		the plaintiff payment of the costs of furnishing and certifying
9		the record, which costs shall be determined by the Department.
10		Exhibits shall be certified without cost. Failure on the part
11		of the applicant or licensee to file a receipt in court is
12		grounds for dismissal of the action.
13		Section 5-115. Prima facie proof.
14		(a) An order or a certified copy thereof, over the seal of
15		the Department and purporting to be signed by the Director, is
16		prima facie proof that the signature is that of the Director,
17		and the Director is qualified to act.
18		(b) A certified copy of a record of the Department shall,
19		without further proof, be admitted into evidence in any legal
20		proceeding, and shall be prima facie correct and prima facie
21		evidence of the information contained therein.
22		ARTICLE 10. GUN TRAFFICKING INFORMATION ACT
23		Section 10-1. Short title. This Article 5 may be cited as

SB0337 Engrossed - 22 - LRB100 05120 SMS 15130 b
1		the Gun Trafficking Information Act. References in this Article
2		to "this Act" mean this Article.
3		Section 10-5. Gun trafficking information.
4		(a) The Department of State Police shall use all reasonable
5		efforts in making publicly available, on a regular and ongoing
6		basis, key information related to firearms used in the
7		commission of crimes in this State, including, but not limited
8		to: reports on crimes committed with firearms, locations where
9		the crimes occurred, the number of persons killed or injured in
10		the commission of the crimes, the state where the firearms used
11		originated, the Federal Firearms Licensee that sold the
12		firearm, and the type of firearms used. The Department shall
13		make the information available on its website, in addition to
14		electronically filing a report with the Governor and the
15		General Assembly. The report to the General Assembly shall be
16		filed with the Clerk of the House of Representatives and the
17		Secretary of the Senate in electronic form only, in the manner
18		that the Clerk and the Secretary shall direct.
19		(b) The Department shall study, on a regular and ongoing
20		basis, and compile reports on the number of Firearm Owner's
21		Identification Card checks to determine firearms trafficking
22		or straw purchase patterns. The Department shall, to the extent
23		not inconsistent with law, share such reports and underlying
24		data with academic centers, foundations, and law enforcement
25		agencies studying firearms trafficking, provided that

SB0337 Engrossed - 23 - LRB100 05120 SMS 15130 b
1		personally identifying information is protected. For purposes
2		of this subsection (b), a Firearm Owner's Identification Card
3		number is not personally identifying information, provided
4		that no other personal information of the card holder is
5		attached to the record. The Department may create and attach an
6		alternate unique identifying number to each Firearm Owner's
7		Identification Card number, instead of releasing the Firearm
8		Owner's Identification Card number itself.
9		(c) Each department, office, division, and agency of this
10		State shall, to the extent not inconsistent with law, cooperate
11		fully with the Department and furnish the Department with all
12		relevant information and assistance on a timely basis as is
13		necessary to accomplish the purpose of this Act. The Illinois
14		Criminal Justice Information Authority shall submit the
15		information required in subsection (a) of this Section to the
16		Department of State Police, and any other information as the
17		Department may request, to assist the Department in carrying
18		out its duties under this Act.
19		ARTICLE 15. AMENDATORY PROVISIONS
20		Section 15-3. The State Finance Act is amended by adding
21		Section 5.886 as follows:
22		(30 ILCS 105/5.886 new)
23		Sec. 5.886. The Firearm Dealer License Certification Fund.

SB0337 Engrossed - 24 - LRB100 05120 SMS 15130 b
1		Section 15-5. The Firearm Owners Identification Card Act is
2		amended by changing Section 3 as follows:
3		(430 ILCS 65/3) (from Ch. 38, par. 83-3)
4		Sec. 3. (a) Except as provided in Section 3a, no person may
5		knowingly transfer, or cause to be transferred, any firearm,
6		firearm ammunition, stun gun, or taser to any person within
7		this State unless the transferee with whom he deals displays
8		either: (1) a currently valid Firearm Owner's Identification
9		Card which has previously been issued in his or her name by the
10		Department of State Police under the provisions of this Act; or
11		(2) a currently valid license to carry a concealed firearm
12		which has previously been issued in his or her name by the
13		Department of State Police under the Firearm Concealed Carry
14		Act. In addition, all firearm, stun gun, and taser transfers by
15		federally licensed firearm dealers are subject to Section 3.1.
16		(a-5) Any person who is not a federally licensed firearm
17		dealer and who desires to transfer or sell a firearm while that
18		person is on the grounds of a gun show must, before selling or
19		transferring the firearm, request the Department of State
20		Police to conduct a background check on the prospective
21		recipient of the firearm in accordance with Section 3.1.
22		(a-10) Notwithstanding item (2) of subsection (a) of this
23		Section, any person who is not a federally licensed firearm
24		dealer and who desires to transfer or sell a firearm or

SB0337 Engrossed - 25 - LRB100 05120 SMS 15130 b
1		firearms to any person who is not a federally licensed firearm
2		dealer shall, before selling or transferring the firearms,
3		contact the Department of State Police with the transferee's or
4		purchaser's Firearm Owner's Identification Card number to
5		determine the validity of the transferee's or purchaser's
6		Firearm Owner's Identification Card. This subsection shall not
7		be effective until January 1, 2014. The Department of State
8		Police may adopt rules concerning the implementation of this
9		subsection. The Department of State Police shall provide the
10		seller or transferor an approval number if the purchaser's
11		Firearm Owner's Identification Card is valid. Approvals issued
12		by the Department for the purchase of a firearm pursuant to
13		this subsection are valid for 30 days from the date of issue.
14		(a-15) The provisions of subsection (a-10) of this Section
15		do 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

SB0337 Engrossed - 26 - LRB100 05120 SMS 15130 b
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

SB0337 Engrossed - 27 - LRB100 05120 SMS 15130 b
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
10		Internet-based system for individuals to determine the
11		validity of a Firearm Owner's Identification Card prior to the
12		sale or transfer of a firearm. The Department shall have the
13		Internet-based system completed and available for use by July
14		1, 2015. The Department shall adopt rules not inconsistent with
15		this Section to implement this system.
16		(b) Any person within this State who transfers or causes to
17		be transferred any firearm, stun gun, or taser shall keep a
18		record of such transfer for a period of 10 years from the date
19		of transfer. Such record shall contain the date of the
20		transfer; the description, serial number or other information
21		identifying the firearm, stun gun, or taser if no serial number
22		is available; and, if the transfer was completed within this
23		State, the transferee's Firearm Owner's Identification Card
24		number and any approval number or documentation provided by the
25		Department of State Police pursuant to subsection (a-10) of
26		this Section; if the transfer was not completed within this

SB0337 Engrossed - 28 - LRB100 05120 SMS 15130 b
1		State, the record shall contain the name and address of the
2		transferee. On or after January 1, 2006, the record shall
3		contain the date of application for transfer of the firearm. On
4		demand of a peace officer such transferor shall produce for
5		inspection such record of transfer. If the transfer or sale
6		took place at a gun show, the record shall include the unique
7		identification number. Failure to record the unique
8		identification number or approval number is a petty offense.
9		For transfers of a firearm, stun gun, or taser made on or after
10		the effective date of this amendatory Act of the 100th General
11		Assembly, failure by the private seller to maintain the
12		transfer records in accordance with this Section is a Class A
13		misdemeanor for the first offense and a Class 4 felony for a
14		second or subsequent offense.
15		(b-5) Any resident may purchase ammunition from a person
16		within or outside of Illinois if shipment is by United States
17		mail or by a private express carrier authorized by federal law
18		to ship ammunition. Any resident purchasing ammunition within
19		or outside the State of Illinois must provide the seller with a
20		copy of his or her valid Firearm Owner's Identification Card or
21		valid concealed carry license and either his or her Illinois
22		driver's license or Illinois State Identification Card prior to
23		the shipment of the ammunition. The ammunition may be shipped
24		only to an address on either of those 2 documents.
25		(c) The provisions of this Section regarding the transfer
26		of firearm ammunition shall not apply to those persons

SB0337 Engrossed - 29 - LRB100 05120 SMS 15130 b
1		specified in paragraph (b) of Section 2 of this Act.
2		(Source: P.A. 98-508, eff. 8-19-13; 99-29, eff. 7-10-15.)
3		ARTICLE 20. SEVERABILITY