102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 HB5380

Introduced , by Rep. La Shawn K. Ford

SYNOPSIS AS INTRODUCED:

`430 ILCS 65/3`	`from Ch. 38, par. 83-3`
`430 ILCS 65/3.1`	`from Ch. 38, par. 83-3.1`

Amends the Firearm Owners Identification Card Act. Provides that the sale or transfer of firearm ammunition is subject to the Firearm Transfer Inquiry Program requiring a criminal background check by the Illinois State Police of the person before the person may acquire firearm ammunition.

LRB102 25515 RLC 34804 b

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 Sections 3 and 3.1 as follows:

6 (430 ILCS 65/3) (from Ch. 38, par. 83-3)

7 (Text of Section before amendment by P.A. 102-237)

8 Sec. 3. (a) Except as provided in Section 3a, no person may

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

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

11 this State unless the transferee with whom he deals displays

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

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

14 Illinois State Police under the provisions of this Act; or (2)

15 a currently valid license to carry a concealed firearm which

16 has previously been issued in his or her name by the Illinois

17 State Police under the Firearm Concealed Carry Act. In

18 addition, all firearm,firearm ammunition, stun gun, and taser

19 transfers by federally licensed firearm dealers are subject to

20 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 Illinois State Police to

2 conduct a background check on the prospective recipient of the

3 firearm in accordance with Section 3.1.

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 any ~~a~~ firearm or

7 sell firearm ammunition ~~or firearms~~ to any person who is not a

8 federally licensed firearm dealer shall, before selling or

9 transferring the firearms or selling firearm ammunition,

10 contact the Illinois State Police with the transferee's or

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

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

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

14 be effective until January 1, 2014. The Illinois State Police

15 may adopt rules concerning the implementation of this

16 subsection. The Illinois State Police shall provide the seller

17 or transferor an approval number if the purchaser's Firearm

18 Owner's Identification Card is valid. Approvals issued by the

19 Illinois State Police ~~Department~~ for the purchase of a firearm

20 or firearm ammunition pursuant to this subsection are valid

21 for 30 days from the date of issue.

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

23 do not apply to:

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

25 federally licensed firearm dealer, if the federally

26 licensed firearm dealer conducts a background check on the

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1 prospective recipient of the firearm or firearm ammunition

2 in accordance with Section 3.1 of this Act and follows all

3 other applicable federal, State, and local laws as if he

4 or she were the seller or transferor of the firearm or

5 firearm ammunition, although the dealer is not required to

6 accept the firearm or firearm ammunition into his or her

7 inventory. The purchaser or transferee may be required by

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

9 exceed $10 per firearm or $10 per firearm ammunition sales

10 transaction, which the dealer may retain as compensation

11 for performing the functions required under this

12 paragraph, plus the applicable fees authorized by Section

13 3.1;

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

15 husband, wife, son, daughter, stepson, stepdaughter,

16 father, mother, stepfather, stepmother, brother, sister,

17 nephew, niece, uncle, aunt, grandfather, grandmother,

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

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

20 (3) transfers by persons acting pursuant to operation

21 of law or a court order;

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

23 subsection (a-5) of this Section;

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

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

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

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1 by a gunsmith to a federally licensed firearms dealer for

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

3 gunsmith;

4 (6) temporary transfers that occur while in the home

5 of the unlicensed transferee, if the unlicensed transferee

6 is not otherwise prohibited from possessing firearms and

7 the unlicensed transferee reasonably believes that

8 possession of the firearm is necessary to prevent imminent

9 death or great bodily harm to the unlicensed transferee;

10 (7) transfers to a law enforcement or corrections

11 agency or a law enforcement or corrections officer acting

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

13 (8) transfers of firearms that have been rendered

14 permanently inoperable to a nonprofit historical society,

15 museum, or institutional collection; and

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

17 requirement of possessing a Firearm Owner's Identification

18 Card under Section 2 of this Act.

19 (a-20) The Illinois State Police shall develop an

20 Internet-based system for individuals to determine the

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

22 sale or transfer of a firearm or firearm ammunition. The

23 Illinois State Police ~~Department~~ shall have the Internet-based

24 system completed and available for use by July 1, 2015. The

25 Illinois State Police ~~Department~~ shall adopt rules not

26 inconsistent with this Section to implement this system.

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

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

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

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

5 transfer; the description, serial number or other information

6 identifying the firearm, stun gun, or taser if no serial

7 number is available; quantity and type of firearm ammunition

8 transferred;and, if the transfer was completed within this

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

10 number and any approval number or documentation provided by

11 the Illinois State Police pursuant to subsection (a-10) of

12 this Section; if the transfer was not completed within this

13 State, the record shall contain the name and address of the

14 transferee. On or after January 1, 2006, the record shall

15 contain the date of application for transfer of the firearm or

16 firearm ammunition. On demand of a peace officer such

17 transferor shall produce for inspection such record of

18 transfer. If the transfer or sale took place at a gun show, the

19 record shall include the unique identification number. Failure

20 to record the unique identification number or approval number

21 is a petty offense. For transfers of a firearm, stun gun, or

22 taser made on or after January 18, 2019 (the effective date of

23 Public Act 100-1178) ~~this amendatory Act of the 100th General~~

24 ~~Assembly~~, failure by the private seller to maintain the

25 transfer records in accordance with this Section is a Class A

26 misdemeanor for the first offense and a Class 4 felony for a

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1 second or subsequent offense. For transfers of firearm

2 ammunition made on or after the effective date of this

3 amendatory Act of the 102nd General Assembly, failure by the

4 private seller to maintain the transfer records in accordance

5 with this Section is a Class A misdemeanor for the first

6 offense and a Class 4 felony for a second or subsequent

7 offense. A transferee shall not be criminally liable under

8 this Section provided that he or she provides the Illinois

9 State Police with the transfer records in accordance with

10 procedures established by the Illinois State Police

11 ~~Department~~. The Illinois State Police ~~Department~~ shall

12 establish, by rule, a standard form on its website.

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

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

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

16 to ship ammunition. Any resident purchasing ammunition within

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

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

19 or valid concealed carry license and either his or her

20 Illinois driver's license or Illinois State Identification

21 Card prior to the shipment of the ammunition. Prior to the

22 shipment of the ammunition, Illinois sellers shall contact the

23 Illinois State Police consistent with the requirements set

24 forth in this Section. The ammunition may be shipped only to an

25 address on either of those 2 documents.

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

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1 of firearm ammunition shall not apply to those persons

2 specified in paragraph (b) of Section 2 of this Actwhile

3 engaging in activities listed in that subsection.

4 (Source: P.A. 102-538, eff. 8-20-21; revised 10-13-21.)

5 (Text of Section after amendment by P.A. 102-237)

6 Sec. 3. (a) Except as provided in Section 3a, no person may

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

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

9 this State unless the transferee with whom he deals displays

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

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

12 Illinois State Police under the provisions of this Act; or (2)

13 a currently valid license to carry a concealed firearm which

14 has previously been issued in his or her name by the Illinois

15 State Police under the Firearm Concealed Carry Act. In

16 addition, all firearm,firearm ammunition, stun gun, and taser

17 transfers by federally licensed firearm dealers are subject to

18 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 Illinois State Police to

23 conduct a background check on the prospective recipient of the

24 firearm in accordance with Section 3.1.

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

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

2 dealer and who desires to transfer or sell any ~~a~~ firearm or

3 sell firearm ammunition ~~firearms~~ to any person who is not a

4 federally licensed firearm dealer shall, before selling or

5 transferring the firearms or selling firearm ammunition,

6 contact a federal firearm license dealer under paragraph (1)

7 of subsection (a-15) of this Section to conduct the transfer

8 or the Illinois State Police with the transferee's or

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

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

11 Firearm Owner's Identification Card under State and federal

12 law, including the National Instant Criminal Background Check

13 System. This subsection shall not be effective until January

14 1, 2024. Until that date the transferor shall contact the

15 Illinois State Police with the transferee's or purchaser's

16 Firearm Owner's Identification Card number to determine the

17 validity of the card. The Illinois State Police may adopt

18 rules concerning the implementation of this subsection. The

19 Illinois State Police shall provide the seller or transferor

20 an approval number if the purchaser's Firearm Owner's

21 Identification Card is valid. Approvals issued by the Illinois

22 State Police ~~Department~~ for the purchase of a firearm or

23 firearm ammunition pursuant to this subsection are valid for

24 30 days from the date of issue.

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

26 do not apply to:

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

2 federally licensed firearm dealer, if the federally

3 licensed firearm dealer conducts a background check on the

4 prospective recipient of the firearm or firearm ammunition

5 in accordance with Section 3.1 of this Act and follows all

6 other applicable federal, State, and local laws as if he

7 or she were the seller or transferor of the firearm or

8 firearm ammunition, although the dealer is not required to

9 accept the firearm or firearm ammunition into his or her

10 inventory. The purchaser or transferee may be required by

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

12 exceed $25 per firearm or $25 per firearm ammunition sales

13 transaction, which the dealer may retain as compensation

14 for performing the functions required under this

15 paragraph, plus the applicable fees authorized by Section

16 3.1;

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

18 husband, wife, son, daughter, stepson, stepdaughter,

19 father, mother, stepfather, stepmother, brother, sister,

20 nephew, niece, uncle, aunt, grandfather, grandmother,

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

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

23 (3) transfers by persons acting pursuant to operation

24 of law or a court order;

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

26 subsection (a-5) of this Section;

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

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

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

4 by a gunsmith to a federally licensed firearms dealer for

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

6 gunsmith;

7 (6) temporary transfers that occur while in the home

8 of the unlicensed transferee, if the unlicensed transferee

9 is not otherwise prohibited from possessing firearms and

10 the unlicensed transferee reasonably believes that

11 possession of the firearm is necessary to prevent imminent

12 death or great bodily harm to the unlicensed transferee;

13 (7) transfers to a law enforcement or corrections

14 agency or a law enforcement or corrections officer acting

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

16 (8) transfers of firearms that have been rendered

17 permanently inoperable to a nonprofit historical society,

18 museum, or institutional collection; and

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

20 requirement of possessing a Firearm Owner's Identification

21 Card under Section 2 of this Act.

22 (a-20) The Illinois State Police shall develop an

23 Internet-based system for individuals to determine the

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

25 sale or transfer of a firearm or firearm ammunition. The

26 Illinois State Police ~~Department~~ shall have the Internet-based

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1 system updated and available for use by January 1, 2024. The

2 Illinois State Police shall adopt rules not inconsistent with

3 this Section to implement this system; but no rule shall allow

4 the Illinois State Police to retain records in contravention

5 of State and federal law.

6 (a-25) On or before January 1, 2022, the Illinois State

7 Police shall develop an Internet-based system upon which the

8 serial numbers of firearms that have been reported stolen are

9 available for public access for individuals to ensure any

10 firearms are not reported stolen prior to the sale or transfer

11 of a firearm under this Section. The Illinois State Police

12 shall have the Internet-based system completed and available

13 for use by July 1, 2022. The Illinois State Police ~~Department~~

14 shall adopt rules not inconsistent with this Section to

15 implement this system.

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

17 to 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. Any person within this State who receives any

20 firearm, stun gun, or taser pursuant to subsection (a-10)

21 shall provide a record of the transfer within 10 days of the

22 transfer to a federally licensed firearm dealer and shall not

23 be required to maintain a transfer record. The federally

24 licensed firearm dealer shall maintain the transfer record for

25 20 years from the date of receipt. A federally licensed

26 firearm dealer may charge a fee not to exceed $25 to retain the

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1 record. The record shall be provided and maintained in either

2 an electronic or paper format. The federally licensed firearm

3 dealer shall not be liable for the accuracy of any information

4 in the transfer record submitted pursuant to this Section.

5 Such records shall contain the date of the transfer; the

6 description, serial number or other information identifying

7 the firearm, stun gun, or taser if no serial number is

8 available; quantity and type of firearm ammunition

9 transferred;and, if the transfer was completed within this

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

11 number and any approval number or documentation provided by

12 the Illinois State Police pursuant to subsection (a-10) of

13 this Section; if the transfer was not completed within this

14 State, the record shall contain the name and address of the

15 transferee. On or after January 1, 2006, the record shall

16 contain the date of application for transfer of the firearm or

17 firearm ammunition. On demand of a peace officer such

18 transferor shall produce for inspection such record of

19 transfer. For any transfer pursuant to subsection (a-10) of

20 this Section, on the demand of a peace officer, such

21 transferee shall identify the federally licensed firearm

22 dealer maintaining the transfer record. If the transfer or

23 sale took place at a gun show, the record shall include the

24 unique identification number. Failure to record the unique

25 identification number or approval number is a petty offense.

26 For transfers of a firearm, stun gun, or taser made on or after

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1 January 18, 2019 (the effective date of Public Act 100-1178)

2 ~~this amendatory Act of the 100th General Assembly~~, failure by

3 the private seller to maintain the transfer records in

4 accordance with this Section, or failure by a transferee

5 pursuant to subsection a-10 of this Section to identify the

6 federally licensed firearm dealer maintaining the transfer

7 record, is a Class A misdemeanor for the first offense and a

8 Class 4 felony for a second or subsequent offense occurring

9 within 10 years of the first offense and the second offense was

10 committed after conviction of the first offense. For transfers

11 of firearm ammunition made on or after the effective date of

12 this amendatory Act of the 102nd General Assembly, failure by

13 the private seller to maintain the transfer records in

14 accordance with this Section is a Class A misdemeanor for the

15 first offense and a Class 4 felony for a second or subsequent

16 offense occurring within 10 years of the first offense and the

17 second offense was committed after conviction of the first

18 offense. Whenever any person who has not previously been

19 convicted of any violation of subsection (a-5), the court may

20 grant supervision pursuant to and consistent with the

21 limitations of Section 5-6-1 of the Unified Code of

22 Corrections. A transferee or transferor shall not be

23 criminally liable under this Section provided that he or she

24 provides the Illinois State Police with the transfer records

25 in accordance with procedures established by the Illinois

26 State Police ~~Department~~. The Illinois State Police ~~Department~~

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1 shall establish, by rule, a standard form on its website.

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

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

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

5 to ship ammunition. Any resident purchasing ammunition within

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

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

8 or valid concealed carry license and either his or her

9 Illinois driver's license or Illinois State Identification

10 Card prior to the shipment of the ammunition. Prior to the

11 shipment of the ammunition, Illinois sellers shall contact the

12 Illinois State Police consistent with the requirements set

13 forth in this Section. The ammunition may be shipped only to an

14 address on either of those 2 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 Actwhile

18 engaging in activities listed in that subsection.

19 (Source: P.A. 102-237, eff. 1-1-24; 102-538, eff. 8-20-21;

20 revised 10-13-21.)

21 (430 ILCS 65/3.1) (from Ch. 38, par. 83-3.1)

22 Sec. 3.1. Firearm Transfer Inquiry Program.

23 (a) The Illinois State Police shall provide a dial up

24 telephone system or utilize other existing technology which

25 shall be used by any federally licensed firearm dealer, gun

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1 show promoter, or gun show vendor who is to transfer a firearm,

2 firearm ammunition, stun gun, or taser under the provisions of

3 this Act. The Illinois State Police may utilize existing

4 technology which allows the caller to be charged a fee not to

5 exceed $2. Fees collected by the Illinois State Police shall

6 be deposited in the State Police Firearm Services Fund and

7 used to provide the service.

8 (b) Upon receiving a request from a federally licensed

9 firearm dealer, gun show promoter, or gun show vendor, the

10 Illinois State Police shall immediately approve~~,~~ or, within

11 the time period established by Section 24-3 of the Criminal

12 Code of 2012 regarding the delivery of firearms,firearm

13 ammunition, stun guns, and tasers, notify the inquiring

14 dealer, gun show promoter, or gun show vendor of any objection

15 that would disqualify the transferee from acquiring or

16 possessing a firearm, firearm ammunition, stun gun, or taser.

17 In conducting the inquiry, the Illinois State Police shall

18 initiate and complete an automated search of its criminal

19 history record information files and those of the Federal

20 Bureau of Investigation, including the National Instant

21 Criminal Background Check System, and of the files of the

22 Department of Human Services relating to mental health and

23 developmental disabilities to obtain any felony conviction or

24 patient hospitalization information which would disqualify a

25 person from obtaining or require revocation of a currently

26 valid Firearm Owner's Identification Card.

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1 (b-5) By January 1, 2023, the Illinois State Police shall

2 by rule provide a process for the automatic renewal of the

3 Firearm Owner's Identification Card of a person at the time of

4 an inquiry in subsection (b). Persons eligible for this

5 process must have a set of fingerprints on file with their

6 applications ~~application~~ under either subsection (a-25) of

7 Section 4 or the Firearm Concealed Carry Act.

8 (c) If receipt of a firearm would not violate Section 24-3

9 of the Criminal Code of 2012, federal law, or this Act, the

10 Illinois State Police shall:

11 (1) assign a unique identification number to the

12 transfer; and

13 (2) provide the licensee, gun show promoter, or gun

14 show vendor with the number.

15 (d) Approvals issued by the Illinois State Police for the

16 purchase of a firearm or firearm ammunition are valid for 30

17 days from the date of issue.

18 (e) (1) The Illinois State Police must act as the Illinois

19 Point of Contact for the National Instant Criminal Background

20 Check System.

21 (2) The Illinois State Police and the Department of Human

22 Services shall, in accordance with State and federal law

23 regarding confidentiality, enter into a memorandum of

24 understanding with the Federal Bureau of Investigation for the

25 purpose of implementing the National Instant Criminal

26 Background Check System in the State. The Illinois State

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1 Police shall report the name, date of birth, and physical

2 description of any person prohibited from possessing a firearm

3 pursuant to the Firearm Owners Identification Card Act or 18

4 U.S.C. 922(g) and (n) to the National Instant Criminal

5 Background Check System Index, Denied Persons Files.

6 (3) The Illinois State Police shall provide notice of the

7 disqualification of a person under subsection (b) of this

8 Section or the revocation of a person's Firearm Owner's

9 Identification Card under Section 8 or Section 8.2 of this

10 Act, and the reason for the disqualification or revocation, to

11 all law enforcement agencies with jurisdiction to assist with

12 the seizure of the person's Firearm Owner's Identification

13 Card.

14 (f) The Illinois State Police shall adopt rules not

15 inconsistent with this Section to implement this system.

16 (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;

17 revised 10-13-21.)

18 Section 95. No acceleration or delay. Where this Act makes

19 changes in a statute that is represented in this Act by text

20 that is not yet or no longer in effect (for example, a Section

21 represented by multiple versions), the use of that text does

22 not accelerate or delay the taking effect of (i) the changes

23 made by this Act or (ii) provisions derived from any other

24 Public Act.