101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB3165

Introduced , by Rep. Jerry Costello, II

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 this Act on a firearm transfer inquiry system check. Requires the Department to destroy all records of the Firearms Transfer Inquiry Program system with respect to the call or request, 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 45 days after the request, except: (1) if the transfer of a firearm is denied by the Department of State Police, the Department may keep the records of a denial in perpetuity, unless the denial is appealed and overturned then the records shall be destroyed; or (2) if the record is part of a criminal investigation initiated prior to the 45 day limit. Defines "transfer". Effective immediately.

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A BILL FOR

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1 AN ACT concerning safety.

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

3 represented in the General Assembly:

4 Section 5. The Firearm Owners Identification Card Act is

5 amended 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

8 knowingly transfer, or cause to be transferred, any firearm,

9 firearm ammunition, stun gun, or taser to any person within

10 this State unless the transferee with whom he deals displays

11 either: (1) a currently valid Firearm Owner's Identification

12 Card which has previously been issued in his or her name by the

13 Department of State Police under the provisions of this Act; or

14 (2) a currently valid license to carry a concealed firearm

15 which has previously been issued in his or her name by the

16 Department of State Police under the Firearm Concealed Carry

17 Act. In addition, all firearm, stun gun, and taser transfers by

18 federally licensed firearm dealers are subject to Section 3.1.

19 (a-5) Any person who is not a federally licensed firearm

20 dealer and who desires to transfer or sell a firearm while that

21 person is on the grounds of a gun show must, before selling or

22 transferring the firearm, request the Department of State

23 Police to conduct a background check on the prospective

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1 recipient of the firearm in accordance with Section 3.1.

2 (a-10) Notwithstanding item (2) of subsection (a) of this

3 Section, any person who is not a federally licensed firearm

4 dealer and who desires to transfer or sell a firearm or

5 firearms to any person who is not a federally licensed firearm

6 dealer shall, before selling or transferring the firearms,

7 contact the Department of State Police with the transferee's or

8 purchaser's Firearm Owner's Identification Card number to

9 determine the validity of the transferee's or purchaser's

10 Firearm Owner's Identification Card. This subsection shall not

11 be effective until January 1, 2014. The Department of State

12 Police may adopt rules concerning the implementation of this

13 subsection. The Department of State Police shall provide the

14 seller or transferor an approval number if the purchaser's

15 Firearm Owner's Identification Card is valid. Approvals issued

16 by the Department for the purchase of a firearm pursuant to

17 this subsection are valid for 30 days from the date of issue.

18 (a-15) The provisions of subsection (a-10) of this Section

19 do not apply to:

20 (1) transfers that occur at the place of business of a

21 federally licensed firearm dealer, if the federally

22 licensed firearm dealer conducts a background check on the

23 prospective recipient of the firearm in accordance with

24 Section 3.1 of this Act and follows all other applicable

25 federal, State, and local laws as if he or she were the

26 seller or transferor of the firearm, although the dealer is

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1 not required to accept the firearm into his or her

2 inventory. The purchaser or transferee may be required by

3 the federally licensed firearm dealer to pay a fee not to

4 exceed $10 per firearm, which the dealer may retain as

5 compensation for performing the functions required under

6 this paragraph, plus the applicable fees authorized by

7 Section 3.1;

8 (2) transfers as a bona fide gift to the transferor's

9 husband, wife, son, daughter, stepson, stepdaughter,

10 father, mother, stepfather, stepmother, brother, sister,

11 nephew, niece, uncle, aunt, grandfather, grandmother,

12 grandson, granddaughter, father-in-law, mother-in-law,

13 son-in-law, or daughter-in-law;

14 (3) transfers by persons acting pursuant to operation

15 of law or a court order;

16 (4) transfers on the grounds of a gun show under

17 subsection (a-5) of this Section;

18 (5) the delivery of a firearm by its owner to a

19 gunsmith for service or repair, the return of the firearm

20 to its owner by the gunsmith, or the delivery of a firearm

21 by a gunsmith to a federally licensed firearms dealer for

22 service or repair and the return of the firearm to the

23 gunsmith;

24 (6) temporary transfers that occur while in the home of

25 the unlicensed transferee, if the unlicensed transferee is

26 not otherwise prohibited from possessing firearms and the

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1 unlicensed transferee reasonably believes that possession

2 of the firearm is necessary to prevent imminent death or

3 great bodily harm to the unlicensed transferee;

4 (7) transfers to a law enforcement or corrections

5 agency or a law enforcement or corrections officer acting

6 within the course and scope of his or her official duties;

7 (8) transfers of firearms that have been rendered

8 permanently inoperable to a nonprofit historical society,

9 museum, or institutional collection; and

10 (9) transfers to a person who is exempt from the

11 requirement of possessing a Firearm Owner's Identification

12 Card under Section 2 of this Act.

13 (a-20) The Department of State Police shall develop an

14 Internet-based system for individuals to determine the

15 validity of a Firearm Owner's Identification Card prior to the

16 sale or transfer of a firearm. The Department shall have the

17 Internet-based system completed and available for use by July

18 1, 2015. The Department shall adopt rules not inconsistent with

19 this Section to implement this system.

20 (b) Any person within this State who transfers or causes to

21 be transferred any firearm, stun gun, or taser shall keep a

22 record of such transfer for a period of 10 years from the date

23 of transfer. Such record shall contain the date of the

24 transfer; the description, serial number or other information

25 identifying the firearm, stun gun, or taser if no serial number

26 is available; and, if the transfer was completed within this

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1 State, the transferee's Firearm Owner's Identification Card

2 number and any approval number or documentation provided by the

3 Department of State Police pursuant to subsection (a-10) of

4 this Section. On or after January 1, 2006, the record shall

5 contain the date of application for transfer of the firearm. On

6 demand of a peace officer such transferor shall produce for

7 inspection such record of transfer. If the transfer or sale

8 took place at a gun show, the record shall include the unique

9 identification number. Failure to record the unique

10 identification number or approval number is a petty offense.

11 (b-5) Any resident may purchase ammunition from a person

12 within or outside of Illinois if shipment is by United States

13 mail or by a private express carrier authorized by federal law

14 to ship ammunition. Any resident purchasing ammunition within

15 or outside the State of Illinois must provide the seller with a

16 copy of his or her valid Firearm Owner's Identification Card or

17 valid concealed carry license and either his or her Illinois

18 driver's license or Illinois State Identification Card prior to

19 the shipment of the ammunition. The ammunition may be shipped

20 only to an address on either of those 2 documents.

21 (c) The provisions of this Section regarding the transfer

22 of firearm ammunition shall not apply to those persons

23 specified in paragraph (b) of Section 2 of this Act.

24 (d) The Department of State Police may not retain, copy, or

25 distribute any information previously collected under this

26 Section. Except as otherwise provided in this subsection (d),

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1 the Department shall destroy all records of the Firearms

2 Transfer Inquiry Program system with respect to the call or

3 request, other than the identifying number and the date the

4 number was assigned, and all records of the system relating to

5 the person or the transfer, within 45 days after the request,

6 except:

7 (1) if the transfer of a firearm is denied by the

8 Department of State Police, the Department may keep the

9 records of a denial in perpetuity, unless the denial is

10 appealed and overturned then the records shall be

11 destroyed;

12 (2) if the record is part of a criminal investigation

13 initiated prior to the 45 day limit.

14 (e) In this Act, "transfer" means the permanent transfer of

15 possession, ownership, or title to a firearm. "Transfer" does

16 not include any other condition of possession or use of a

17 firearm, except as provided in subsection (d).

18 (Source: P.A. 98-508, eff. 8-19-13; 99-29, eff. 7-10-15.)

19 Section 99. Effective date. This Act takes effect upon

20 becoming law.