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Rep. Harry Benton
Filed: 4/2/2024
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1 | | AMENDMENT TO HOUSE BILL 5254
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2 | | AMENDMENT NO. ______. Amend House Bill 5254 by replacing |
3 | | everything after the enacting clause with the following:
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4 | | "Section 5. The Firearm Owners Identification Card Act is |
5 | | amended by changing Section 3 as follows:
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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 | | Illinois State Police under the provisions of this Act; or (2) |
14 | | a currently valid license to carry a concealed firearm which |
15 | | has previously been issued in his or her name by the Illinois |
16 | | State Police under the Firearm Concealed Carry Act. In |
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1 | | addition, all firearm, stun gun, and taser transfers by |
2 | | federally licensed firearm dealers are subject to Section 3.1. |
3 | | (a-5) Any person who is not a federally licensed firearm |
4 | | dealer and who desires to transfer or sell a firearm while that |
5 | | person is on the grounds of a gun show must, before selling or |
6 | | transferring the firearm, request the Illinois State Police to |
7 | | conduct a background check on the prospective recipient of the |
8 | | firearm in accordance with Section 3.1. |
9 | | (a-10) Notwithstanding item (2) of subsection (a) of this |
10 | | Section, any person who is not a federally licensed firearm |
11 | | dealer and who desires to transfer or sell a firearm or |
12 | | firearms to any person who is not a federally licensed firearm |
13 | | dealer shall, before selling or transferring the firearms, |
14 | | contact a federal firearm license dealer under paragraph (1) |
15 | | of subsection (a-15) of this Section to conduct the transfer |
16 | | or the Illinois State Police with the transferee's or |
17 | | purchaser's Firearm Owner's Identification Card number to |
18 | | determine the validity of the transferee's or purchaser's |
19 | | Firearm Owner's Identification Card under State and federal |
20 | | law, including the National Instant Criminal Background Check |
21 | | System. This subsection shall not be effective until July 1, |
22 | | 2023. Until that date the transferor shall contact the |
23 | | Illinois State Police with the transferee's or purchaser's |
24 | | Firearm Owner's Identification Card number to determine the |
25 | | validity of the card. The Illinois State Police may adopt |
26 | | rules concerning the implementation of this subsection. The |
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1 | | Illinois State Police shall provide the seller or transferor |
2 | | an approval number if the purchaser's Firearm Owner's |
3 | | Identification Card is valid. Approvals issued by the Illinois |
4 | | State Police for the purchase of a firearm pursuant to this |
5 | | subsection are valid for 30 days from the date of issue. |
6 | | (a-15) The provisions of subsection (a-10) of this Section |
7 | | do not apply to: |
8 | | (1) transfers that occur at the place of business of a |
9 | | federally licensed firearm dealer, if the federally |
10 | | licensed firearm dealer conducts a background check on the |
11 | | prospective recipient of the firearm in accordance with |
12 | | Section 3.1 of this Act and follows all other applicable |
13 | | federal, State, and local laws as if he or she were the |
14 | | seller or transferor of the firearm, although the dealer |
15 | | is not required to accept the firearm into his or her |
16 | | inventory. The purchaser or transferee may be required by |
17 | | the federally licensed firearm dealer to pay a fee not to |
18 | | exceed $25 per firearm, which the dealer may retain as |
19 | | compensation for performing the functions required under |
20 | | this paragraph, plus the applicable fees authorized by |
21 | | Section 3.1; |
22 | | (2) transfers as a bona fide gift to the transferor's |
23 | | husband, wife, son, daughter, stepson, stepdaughter, |
24 | | father, mother, stepfather, stepmother, brother, sister, |
25 | | nephew, niece, uncle, aunt, grandfather, grandmother, |
26 | | grandson, granddaughter, father-in-law, mother-in-law, |
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1 | | son-in-law, or daughter-in-law; |
2 | | (3) transfers by persons acting pursuant to operation |
3 | | of law or a court order; |
4 | | (4) transfers on the grounds of a gun show under |
5 | | subsection (a-5) of this Section; |
6 | | (5) the delivery of a firearm by its owner to a |
7 | | gunsmith for service or repair, the return of the firearm |
8 | | to its owner by the gunsmith, or the delivery of a firearm |
9 | | by a gunsmith to a federally licensed firearms dealer for |
10 | | service or repair and the return of the firearm to the |
11 | | gunsmith; |
12 | | (6) temporary transfers that occur while in the home |
13 | | of the unlicensed transferee, if the unlicensed transferee |
14 | | is not otherwise prohibited from possessing firearms and |
15 | | the unlicensed transferee reasonably believes that |
16 | | possession of the firearm is necessary to prevent imminent |
17 | | death or great bodily harm to the unlicensed transferee; |
18 | | (7) transfers to a law enforcement or corrections |
19 | | agency or a law enforcement or corrections officer acting |
20 | | within the course and scope of his or her official duties; |
21 | | (8) transfers of firearms that have been rendered |
22 | | permanently inoperable to a nonprofit historical society, |
23 | | museum, or institutional collection; and |
24 | | (9) transfers to a person who is exempt from the |
25 | | requirement of possessing a Firearm Owner's Identification |
26 | | Card under Section 2 of this Act. |
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1 | | (a-20) The Illinois State Police shall develop an |
2 | | Internet-based system for individuals to determine the |
3 | | validity of a Firearm Owner's Identification Card prior to the |
4 | | sale or transfer of a firearm. The Illinois State Police shall |
5 | | have the Internet-based system updated and available for use |
6 | | by January 1, 2024. The Illinois State Police shall adopt |
7 | | rules not inconsistent with this Section to implement this |
8 | | system; but no rule shall allow the Illinois State Police to |
9 | | retain records in contravention of State and federal law. |
10 | | (a-25) On or before January 1, 2022, the Illinois State |
11 | | Police shall develop an Internet-based system upon which the |
12 | | serial numbers of firearms that have been reported stolen are |
13 | | available for public access for individuals to ensure any |
14 | | firearms are not reported stolen prior to the sale or transfer |
15 | | of a firearm under this Section. The Illinois State Police |
16 | | shall have the Internet-based system completed and available |
17 | | for use by July 1, 2022. The Illinois State Police shall adopt |
18 | | rules not inconsistent with this Section to implement this |
19 | | system. |
20 | | (a-30) A federally licensed firearm dealer who has |
21 | | received a license under 18 U.S.C. 923, upon the sale or |
22 | | transfer of a firearm to a person whom the dealer reasonably |
23 | | believes to be a first-time purchaser or transferee of a |
24 | | firearm, shall provide the purchaser or transferee of the |
25 | | firearm with printed or digital information about firearm |
26 | | safety courses available locally or electronically and the |
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1 | | safe storage of firearms. |
2 | | (b) Any person within this State who transfers or causes |
3 | | to be transferred any firearm, stun gun, or taser shall keep a |
4 | | record of such transfer for a period of 10 years from the date |
5 | | of transfer. Any person within this State who receives any |
6 | | firearm, stun gun, or taser pursuant to subsection (a-10) |
7 | | shall provide a record of the transfer within 10 days of the |
8 | | transfer to a federally licensed firearm dealer and shall not |
9 | | be required to maintain a transfer record. The federally |
10 | | licensed firearm dealer shall maintain the transfer record for |
11 | | 20 years from the date of receipt. A federally licensed |
12 | | firearm dealer may charge a fee not to exceed $25 to retain the |
13 | | record. The record shall be provided and maintained in either |
14 | | an electronic or paper format. The federally licensed firearm |
15 | | dealer shall not be liable for the accuracy of any information |
16 | | in the transfer record submitted pursuant to this Section. |
17 | | Such records shall contain the date of the transfer; the |
18 | | description, serial number or other information identifying |
19 | | the firearm, stun gun, or taser if no serial number is |
20 | | available; and, if the transfer was completed within this |
21 | | State, the transferee's Firearm Owner's Identification Card |
22 | | number and any approval number or documentation provided by |
23 | | the Illinois State Police pursuant to subsection (a-10) of |
24 | | this Section; if the transfer was not completed within this |
25 | | State, the record shall contain the name and address of the |
26 | | transferee. On or after January 1, 2006, the record shall |
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1 | | contain the date of application for transfer of the firearm. |
2 | | On demand of a peace officer such transferor shall produce for |
3 | | inspection such record of transfer. For any transfer pursuant |
4 | | to subsection (a-10) of this Section, on the demand of a peace |
5 | | officer, such transferee shall identify the federally licensed |
6 | | firearm dealer maintaining the transfer record. If the |
7 | | transfer or sale took place at a gun show, the record shall |
8 | | include the unique identification number. Failure to record |
9 | | the unique identification number or approval number is a petty |
10 | | offense. For transfers of a firearm, stun gun, or taser made on |
11 | | or after January 18, 2019 (the effective date of Public Act |
12 | | 100-1178), failure by the private seller to maintain the |
13 | | transfer records in accordance with this Section, or failure |
14 | | by a transferee pursuant to subsection a-10 of this Section to |
15 | | identify the federally licensed firearm dealer maintaining the |
16 | | transfer record, is a Class A misdemeanor for the first |
17 | | offense and a Class 4 felony for a second or subsequent offense |
18 | | occurring within 10 years of the first offense and the second |
19 | | offense was committed after conviction of the first offense. |
20 | | Whenever any person who has not previously been convicted of |
21 | | any violation of subsection (a-5), the court may grant |
22 | | supervision pursuant to and consistent with the limitations of |
23 | | Section 5-6-1 of the Unified Code of Corrections. A transferee |
24 | | or transferor shall not be criminally liable under this |
25 | | Section provided that he or she provides the Illinois State |
26 | | Police with the transfer records in accordance with procedures |
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1 | | established by the Illinois State Police. The Illinois State |
2 | | Police shall establish, by rule, a standard form on its |
3 | | website. |
4 | | (b-5) Any resident may purchase ammunition from a person |
5 | | within or outside of Illinois if shipment is by United States |
6 | | mail or by a private express carrier authorized by federal law |
7 | | to ship ammunition. Any resident purchasing ammunition within |
8 | | or outside the State of Illinois must provide the seller with a |
9 | | copy of his or her valid Firearm Owner's Identification Card |
10 | | or valid concealed carry license and either his or her |
11 | | Illinois driver's license or Illinois State Identification |
12 | | Card prior to the shipment of the ammunition. The ammunition |
13 | | may be shipped only to an address on either of those 2 |
14 | | documents. |
15 | | (c) The provisions of this Section regarding the transfer |
16 | | of firearm ammunition shall not apply to those persons |
17 | | specified in paragraph (b) of Section 2 of this Act. |
18 | | (Source: P.A. 102-237, eff. 1-1-24; 102-538, eff. 8-20-21; |
19 | | 102-813, eff. 5-13-22; 102-1116, eff. 1-10-23 .)
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