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| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB5913 Introduced , by Rep. Kathleen Willis SYNOPSIS AS INTRODUCED:
| | 430 ILCS 65/3 | from Ch. 38, par. 83-3 |
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Amends the
Firearm Owners Identification Card Act if and only if Senate Bill 337 of the 100th General Assembly becomes law. Deletes provision that a transferee shall not be criminally liable under the Act
provided that he or she provides the Department of State Police
with the transfer records in accordance with procedures
established by the Department and deletes provision that the Department shall establish,
by rule, a standard form on its website. Effective upon becoming law or on the date Senate Bill 337 of the 100th
General Assembly takes effect, whichever is later. | |
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| | A BILL FOR |
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| | HB5913 | | LRB100 22324 RLC 41146 b |
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| 1 | | AN ACT concerning criminal law.
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| 2 | | Be it enacted by the People of the State of Illinois, |
| 3 | | represented in the General Assembly:
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| 4 | | Section 5. If and only if Senate Bill 337 of the 100th |
| 5 | | General Assembly becomes law, then the Firearm Owners |
| 6 | | Identification Card Act is amended by changing Section 3 as |
| 7 | | follows:
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| 8 | | (430 ILCS 65/3) (from Ch. 38, par. 83-3) |
| 9 | | Sec. 3. (a) Except as provided in Section 3a, no person may |
| 10 | | knowingly
transfer, or cause to be transferred, any firearm, |
| 11 | | firearm ammunition, stun gun, or taser to any person within |
| 12 | | this State unless the
transferee with whom he deals displays |
| 13 | | either: (1) a currently valid Firearm Owner's
Identification |
| 14 | | Card which has previously been issued in his or her name by the
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| 15 | | Department of State Police under the provisions of this Act; or |
| 16 | | (2) a currently valid license to carry a concealed firearm |
| 17 | | which has previously been issued in his or her name by the
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| 18 | | Department of State Police under the Firearm Concealed Carry |
| 19 | | Act. In addition,
all firearm, stun gun, and taser transfers by |
| 20 | | federally licensed firearm dealers are subject
to Section 3.1. |
| 21 | | (a-5) Any person who is not a federally licensed firearm |
| 22 | | dealer and who desires to transfer or sell a firearm while that |
| 23 | | person is on the grounds of a gun show must, before selling or |
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| 1 | | transferring the firearm, request the Department of State |
| 2 | | Police to conduct a background check on the prospective |
| 3 | | recipient of the firearm in accordance with Section 3.1.
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| 4 | | (a-10) Notwithstanding item (2) of subsection (a) of this |
| 5 | | Section, any person who is not a federally licensed firearm |
| 6 | | dealer and who desires to transfer or sell a firearm or |
| 7 | | firearms to any person who is not a federally licensed firearm |
| 8 | | dealer shall, before selling or transferring the firearms, |
| 9 | | contact the Department of State Police with the transferee's or |
| 10 | | purchaser's Firearm Owner's Identification Card number to |
| 11 | | determine the validity of the transferee's or purchaser's |
| 12 | | Firearm Owner's Identification Card. This subsection shall not |
| 13 | | be effective until January 1, 2014. The Department of State |
| 14 | | Police may adopt rules concerning the implementation of this |
| 15 | | subsection. The Department of State Police shall provide the |
| 16 | | seller or transferor an approval number if the purchaser's |
| 17 | | Firearm Owner's Identification Card is valid. Approvals issued |
| 18 | | by the Department for the purchase of a firearm pursuant to |
| 19 | | this subsection are valid for 30 days from the date of issue. |
| 20 | | (a-15) The provisions of subsection (a-10) of this Section |
| 21 | | do not apply to: |
| 22 | | (1) transfers that occur at the place of business of a |
| 23 | | federally licensed firearm dealer, if the federally |
| 24 | | licensed firearm dealer conducts a background check on the |
| 25 | | prospective recipient of the firearm in accordance with |
| 26 | | Section 3.1 of this Act and follows all other applicable |
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| 1 | | federal, State, and local laws as if he or she were the |
| 2 | | seller or transferor of the firearm, although the dealer is |
| 3 | | not required to accept the firearm into his or her |
| 4 | | inventory. The purchaser or transferee may be required by |
| 5 | | the federally licensed firearm dealer to pay a fee not to |
| 6 | | exceed $10 per firearm, which the dealer may retain as |
| 7 | | compensation for performing the functions required under |
| 8 | | this paragraph, plus the applicable fees authorized by |
| 9 | | Section 3.1; |
| 10 | | (2) transfers as a bona fide gift to the transferor's |
| 11 | | husband, wife, son, daughter, stepson, stepdaughter, |
| 12 | | father, mother, stepfather, stepmother, brother, sister, |
| 13 | | nephew, niece, uncle, aunt, grandfather, grandmother, |
| 14 | | grandson, granddaughter, father-in-law, mother-in-law, |
| 15 | | son-in-law, or daughter-in-law; |
| 16 | | (3) transfers by persons acting pursuant to operation |
| 17 | | of law or a court order; |
| 18 | | (4) transfers on the grounds of a gun show under |
| 19 | | subsection (a-5) of this Section; |
| 20 | | (5) the delivery of a firearm by its owner to a |
| 21 | | gunsmith for service or repair, the return of the firearm |
| 22 | | to its owner by the gunsmith, or the delivery of a firearm |
| 23 | | by a gunsmith to a federally licensed firearms dealer for |
| 24 | | service or repair and the return of the firearm to the |
| 25 | | gunsmith; |
| 26 | | (6) temporary transfers that occur while in the home of |
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| 1 | | the unlicensed transferee, if the unlicensed transferee is |
| 2 | | not otherwise prohibited from possessing firearms and the |
| 3 | | unlicensed transferee reasonably believes that possession |
| 4 | | of the firearm is necessary to prevent imminent death or |
| 5 | | great bodily harm to the unlicensed transferee; |
| 6 | | (7) transfers to a law enforcement or corrections |
| 7 | | agency or a law enforcement or corrections officer acting |
| 8 | | within the course and scope of his or her official duties; |
| 9 | | (8) transfers of firearms that have been rendered |
| 10 | | permanently inoperable to a nonprofit historical society, |
| 11 | | museum, or institutional collection; and |
| 12 | | (9) transfers to a person who is exempt from the |
| 13 | | requirement of possessing a Firearm Owner's Identification |
| 14 | | Card under Section 2 of this Act. |
| 15 | | (a-20) The Department of State Police shall develop an |
| 16 | | Internet-based system for individuals to determine the |
| 17 | | validity of a Firearm Owner's Identification Card prior to the |
| 18 | | sale or transfer of a firearm. The Department shall have the |
| 19 | | Internet-based system completed and available for use by July |
| 20 | | 1, 2015. The Department shall adopt rules not inconsistent with |
| 21 | | this Section to implement this system. |
| 22 | | (b) Any person within this State who transfers or causes to |
| 23 | | be
transferred any firearm, stun gun, or taser shall keep a |
| 24 | | record of such transfer for a period
of 10 years from the date |
| 25 | | of transfer. Such record shall contain the date
of the |
| 26 | | transfer; the description, serial number or other information
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| 1 | | identifying the firearm, stun gun, or taser if no serial number |
| 2 | | is available; and, if the
transfer was completed within this |
| 3 | | State, the transferee's Firearm Owner's
Identification Card |
| 4 | | number and any approval number or documentation provided by the |
| 5 | | Department of State Police pursuant to subsection (a-10) of |
| 6 | | this Section; if the transfer was not completed within this |
| 7 | | State, the record shall contain the name and address of the |
| 8 | | transferee. On or after January 1, 2006, the record shall |
| 9 | | contain the date of application for transfer of the firearm. On |
| 10 | | demand of a peace officer such transferor
shall produce for |
| 11 | | inspection such record of transfer. If the transfer or sale |
| 12 | | took place at a gun show, the record shall include the unique |
| 13 | | identification number. Failure to record the unique |
| 14 | | identification number or approval number is a petty offense.
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| 15 | | For transfers of a firearm, stun gun, or taser made on or after |
| 16 | | the effective date of this amendatory Act of the 100th General |
| 17 | | Assembly, failure by the private seller to maintain the |
| 18 | | transfer records in accordance with this Section is a Class A |
| 19 | | misdemeanor for the first offense and a Class 4 felony for a |
| 20 | | second or subsequent offense. A transferee shall not be |
| 21 | | criminally liable under this Section
provided that he or she |
| 22 | | provides the Department of State Police
with the transfer |
| 23 | | records in accordance with procedures
established by the |
| 24 | | Department. The Department shall establish,
by rule, a standard |
| 25 | | form on its website. |
| 26 | | (b-5) Any resident may purchase ammunition from a person |
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| 1 | | within or outside of Illinois if shipment is by United States |
| 2 | | mail or by a private express carrier authorized by federal law |
| 3 | | to ship ammunition. Any resident purchasing ammunition within |
| 4 | | or outside the State of Illinois must provide the seller with a |
| 5 | | copy of his or her valid Firearm Owner's Identification Card or |
| 6 | | valid concealed carry license and either his or her Illinois |
| 7 | | driver's license or Illinois State Identification Card prior to |
| 8 | | the shipment of the ammunition. The ammunition may be shipped |
| 9 | | only to an address on either of those 2 documents. |
| 10 | | (c) The provisions of this Section regarding the transfer |
| 11 | | of firearm
ammunition shall not apply to those persons |
| 12 | | specified in paragraph (b) of
Section 2 of this Act. |
| 13 | | (Source: P.A. 98-508, eff. 8-19-13; 99-29, eff. 7-10-15; |
| 14 | | 10000SB0337enr.)
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| 15 | | Section 99. Effective date. This Act takes effect upon
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| 16 | | becoming law or on the date Senate Bill 337 of the 100th
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