Rep. Frank J. Mautino
Filed: 5/27/2014
 
 


 




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1
AMENDMENT TO HOUSE BILL 4043




2 AMENDMENT NO. ______. Amend House Bill 4043 by replacing 
3everything after the enacting clause with the following:


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 
 
 
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1dealer and who desires to transfer or sell a firearm while that 
2person is on the grounds of a gun show must, before selling or 
3transferring the firearm, request the Department of State 
4Police to conduct a background check on the prospective 
5recipient of the firearm in accordance with Section 3.1.

6 (a-10) Any person who is not a federally licensed firearm 
7dealer and who desires to transfer or sell a firearm or 
8firearms to any person who is not a federally licensed firearm 
9dealer shall, before selling or transferring the firearms, 
10contact the Department of State Police with the transferee's or 
11purchaser's Firearm Owner's Identification Card number to 
12determine the validity of the transferee's or purchaser's 
13Firearm Owner's Identification Card. This subsection shall not 
14be effective until January 1, 2014. The Department of State 
15Police may adopt rules concerning the implementation of this 
16subsection. The Department of State Police shall provide the 
17seller or transferor an approval number if the purchaser's 
18Firearm Owner's Identification Card is valid. Approvals issued 
19by the Department for the purchase of a firearm pursuant to 
20this subsection are valid for 30 days from the date of issue.
21 (a-15) The provisions of subsection (a-10) of this Section 
22do not apply to:
23  (1) transfers that occur at the place of business of a 
24 federally licensed firearm dealer, if the federally 
25 licensed firearm dealer conducts a background check on the 
26 prospective recipient of the firearm in accordance with 
 
 
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1 Section 3.1 of this Act and follows all other applicable 
2 federal, State, and local laws as if he or she were the 
3 seller or transferor of the firearm, although the dealer is 
4 not required to accept the firearm into his or her 
5 inventory. The purchaser or transferee may be required by 
6 the federally licensed firearm dealer to pay a fee not to 
7 exceed $10 per firearm, which the dealer may retain as 
8 compensation for performing the functions required under 
9 this paragraph, plus the applicable fees authorized by 
10 Section 3.1;
11  (2) transfers as a bona fide gift to the transferor's 
12 husband, wife, son, daughter, stepson, stepdaughter, 
13 father, mother, stepfather, stepmother, brother, sister, 
14 nephew, niece, uncle, aunt, grandfather, grandmother, 
15 grandson, granddaughter, father-in-law, mother-in-law, 
16 son-in-law, or daughter-in-law;
17  (3) transfers by persons acting pursuant to operation 
18 of law or a court order;
19  (4) transfers on the grounds of a gun show under 
20 subsection (a-5) of this Section;
21  (5) the delivery of a firearm by its owner to a 
22 gunsmith for service or repair, the return of the firearm 
23 to its owner by the gunsmith, or the delivery of a firearm 
24 by a gunsmith to a federally licensed firearms dealer for 
25 service or repair and the return of the firearm to the 
26 gunsmith;
 
 
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1  (6) temporary transfers that occur while in the home of 
2 the unlicensed transferee, if the unlicensed transferee is 
3 not otherwise prohibited from possessing firearms and the 
4 unlicensed transferee reasonably believes that possession 
5 of the firearm is necessary to prevent imminent death or 
6 great bodily harm to the unlicensed transferee;
7  (7) transfers to a law enforcement or corrections 
8 agency or a law enforcement or corrections officer acting 
9 within the course and scope of his or her official duties;
10  (8) transfers of firearms that have been rendered 
11 permanently inoperable to a nonprofit historical society, 
12 museum, or institutional collection; and
13  (9) transfers to a person who is exempt from the 
14 requirement of possessing a Firearm Owner's Identification 
15 Card under Section 2 of this Act.
16 (a-20) The Department of State Police shall develop an 
17Internet-based system for individuals to determine the 
18validity of a Firearm Owner's Identification Card prior to the 
19sale or transfer of a firearm. The Department shall have the 
20Internet-based system completed and available for use by July 
211, 2015. The Department shall adopt rules not inconsistent with 
22this Section to implement this system.
23 (b) Any person within this State who transfers or causes to 
24be
transferred any firearm, stun gun, or taser shall keep a 
25record of such transfer for a period
of 10 years from the date 
26of transfer. Such record shall contain the date
of the 
 
 
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1transfer; the description, serial number or other information

2identifying the firearm, stun gun, or taser if no serial number 
3is available; and, if the
transfer was completed within this 
4State, the transferee's Firearm Owner's
Identification Card 
5number and any approval number or documentation provided by the 
6Department of State Police pursuant to subsection (a-10) of 
7this Section. On or after January 1, 2006, the record shall 
8contain the date of application for transfer of the firearm. On 
9demand of a peace officer such transferor
shall produce for 
10inspection such record of transfer. If the transfer or sale 
11took place at a gun show, the record shall include the unique 
12identification number. Failure to record the unique 
13identification number or approval number is a petty offense.

14 (b-5) Any resident may purchase ammunition from a person 
15within or outside of Illinois if shipment is by United States 
16mail or by a private express carrier authorized by federal law 
17to ship ammunition. Any resident purchasing ammunition within 
18or outside the State of Illinois must provide the seller with a 
19copy of his or her valid Firearm Owner's Identification Card 
20and either his or her Illinois driver's license or Illinois 
21State Identification Card prior to the shipment of the 
22ammunition. The ammunition may be shipped only to an address on 
23either of those 2 documents.
24 (c) The provisions of this Section regarding the transfer 
25of firearm
ammunition shall not apply to those persons 
26specified in paragraph (b) of
Section 2 of this Act.
 
 
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1 (d) The Department of State Police may not retain, copy, or 
2distribute any information previously collected under this 
3Section. Except as provided in subsection (e) of this Section, 
4the Department shall destroy all records of the dial up 
5telephone system with respect to the call and all records of 
6the system relating to the person or the transfer, within 45 
7days after the call, other than the identifying numbers and the 
8date the numbers were assigned.
9 (e) If the transfer of a firearm is denied by the 
10Department of State Police, the Department shall keep the 
11records of a denial until the denial is appealed and 
12overturned, or at least 120 years.
For the purposes of this 
13Act, "transfer" means the permanent transfer of possession, 
14ownership, or title to a firearm. "Transfer" does not include 
15any other condition of possession or use of a firearm, except 
16as provided in this subsection (e). 
17(Source: P.A. 97-1135, eff. 12-4-12; 98-508, eff. 8-19-13.)


18 Section 99. Effective date. This Act takes effect upon 
19becoming law.".