98TH GENERAL ASSEMBLY State of Illinois 2013 and 2014 HB4507

Introduced , by Rep. Frank J. Mautino

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 the provisions concerning the transfer of firearms, stun guns, and tasers. Provides that the Department shall destroy all records of the dial up telephone system with respect to the call, 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 31 days after the call. Provides that if the transfer of a firearm is denied by the Department of State Police, the Department may keep the records of a denial until the denial is appealed and overturned,

or as long as necessary for a criminal prosecution.
Defines "transfer".

Effective immediately.

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A BILL FOR

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LRB098 16442 RLC 51507 b

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 a

11 currently valid Firearm Owner's Identification Card which has

12 previously been issued in his name by the Department of State

13 Police under the provisions of this Act. In addition, all

14 firearm, stun gun, and taser transfers by federally licensed

15 firearm dealers are subject to Section 3.1.

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

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

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

19 transferring the firearm, request the Department of State

20 Police to conduct a background check on the prospective

21 recipient of the firearm in accordance with Section 3.1.

22 (a-10) Any person who is not a federally licensed firearm

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

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

2 dealer shall, before selling or transferring the firearms,

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

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

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

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

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

8 Police may adopt rules concerning the implementation of this

9 subsection. The Department of State Police shall provide the

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

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

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

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

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

15 do not apply to:

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

17 federally licensed firearm dealer, if the federally

18 licensed firearm dealer conducts a background check on the

19 prospective recipient of the firearm in accordance with

20 Section 3.1 of this Act and follows all other applicable

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

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

23 not required to accept the firearm into his or her

24 inventory. The purchaser or transferee may be required by

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

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

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1 compensation for performing the functions required under

2 this paragraph, plus the applicable fees authorized by

3 Section 3.1;

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

5 husband, wife, son, daughter, stepson, stepdaughter,

6 father, mother, stepfather, stepmother, brother, sister,

7 nephew, niece, uncle, aunt, grandfather, grandmother,

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

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

10 (3) transfers by persons acting pursuant to operation

11 of law or a court order;

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

13 subsection (a-5) of this Section;

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

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

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

17 by a gunsmith to a federally licensed firearms dealer for

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

19 gunsmith;

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

21 the unlicensed transferee, if the unlicensed transferee is

22 not otherwise prohibited from possessing firearms and the

23 unlicensed transferee reasonably believes that possession

24 of the firearm is necessary to prevent imminent death or

25 great bodily harm to the unlicensed transferee;

26 (7) transfers to a law enforcement or corrections

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1 agency or a law enforcement or corrections officer acting

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

3 (8) transfers of firearms that have been rendered

4 permanently inoperable to a nonprofit historical society,

5 museum, or institutional collection; and

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

7 requirement of possessing a Firearm Owner's Identification

8 Card under Section 2 of this Act.

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

10 Internet-based system for individuals to determine the

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

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

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

14 1, 2015. The Department shall adopt rules not inconsistent with

15 this Section to implement this system.

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

17 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. Such record shall contain the date of the

20 transfer; the description, serial number or other information

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

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

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

24 number and any approval number or documentation provided by the

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

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

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

2 demand of a peace officer such transferor shall produce for

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

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

5 identification number. Failure to record the unique

6 identification number or approval number is a petty offense.

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

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

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

10 to ship ammunition. Any resident purchasing ammunition within

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

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

13 and either his or her Illinois driver's license or Illinois

14 State Identification Card prior to the shipment of the

15 ammunition. The ammunition may be shipped only to an address on

16 either of those 2 documents.

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

18 of firearm ammunition shall not apply to those persons

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

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

21 distribute any information previously collected under this

22 Section. Except as provided in subsection (e) of this Section,

23 the Department shall destroy all records of the dial up

24 telephone system with respect to the call, other than the

25 identifying number and the date the number was assigned, and

26 all records of the system relating to the person or the

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1 transfer, within 31 days after the call.

2 (e) If the transfer of a firearm is denied by the

3 Department of State Police, the Department may keep the records

4 of a denial until the denial is appealed and overturned, or as

5 long as necessary for a criminal prosecution. For the purposes

6 of this Act, "transfer" means the permanent transfer of

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

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

9 firearm, except as provided in this subsection (e).

10 (Source: P.A. 97-1135, eff. 12-4-12; 98-508, eff. 8-19-13.)

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

12 becoming law.