103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3795 Introduced , by Rep. Frances Ann Hurley 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. LRB103 27351 RLC 53723 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3795 Introduced , by Rep. Frances Ann Hurley SYNOPSIS AS INTRODUCED: 430 ILCS 65/3 from Ch. 38, par. 83-3 430 ILCS 65/3.1 from Ch. 38, par. 83-3.1 430 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. LRB103 27351 RLC 53723 b LRB103 27351 RLC 53723 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3795 Introduced , by Rep. Frances Ann Hurley SYNOPSIS AS INTRODUCED: 430 ILCS 65/3 from Ch. 38, par. 83-3 430 ILCS 65/3.1 from Ch. 38, par. 83-3.1 430 ILCS 65/3 from Ch. 38, par. 83-3 430 ILCS 65/3.1 from Ch. 38, par. 83-3.1 430 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. LRB103 27351 RLC 53723 b LRB103 27351 RLC 53723 b LRB103 27351 RLC 53723 b A BILL FOR HB3795LRB103 27351 RLC 53723 b HB3795 LRB103 27351 RLC 53723 b HB3795 LRB103 27351 RLC 53723 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 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, stun gun, and taser transfers by 19 federally licensed firearm dealers are subject to Section 3.1. 20 (a-5) Any person who is not a federally licensed firearm 21 dealer and who desires to transfer or sell a firearm while that 22 person is on the grounds of a gun show must, before selling or 23 transferring the firearm, request the Illinois State Police to 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3795 Introduced , by Rep. Frances Ann Hurley SYNOPSIS AS INTRODUCED: 430 ILCS 65/3 from Ch. 38, par. 83-3 430 ILCS 65/3.1 from Ch. 38, par. 83-3.1 430 ILCS 65/3 from Ch. 38, par. 83-3 430 ILCS 65/3.1 from Ch. 38, par. 83-3.1 430 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. LRB103 27351 RLC 53723 b LRB103 27351 RLC 53723 b LRB103 27351 RLC 53723 b A BILL FOR 430 ILCS 65/3 from Ch. 38, par. 83-3 430 ILCS 65/3.1 from Ch. 38, par. 83-3.1 LRB103 27351 RLC 53723 b HB3795 LRB103 27351 RLC 53723 b HB3795- 2 -LRB103 27351 RLC 53723 b HB3795 - 2 - LRB103 27351 RLC 53723 b HB3795 - 2 - LRB103 27351 RLC 53723 b 1 conduct a background check on the prospective recipient of the 2 firearm in accordance with Section 3.1. 3 (a-10) Notwithstanding item (2) of subsection (a) of this 4 Section, any person who is not a federally licensed firearm 5 dealer and who desires to transfer or sell a firearm or 6 firearms to any person who is not a federally licensed firearm 7 dealer shall, before selling or transferring the firearms, 8 contact a federal firearm license dealer under paragraph (1) 9 of subsection (a-15) of this Section to conduct the transfer 10 or 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 under State and federal 14 law including the National Instant Criminal Background Check 15 System. This subsection shall not be effective until July 1, 16 2023. Until that date the transferor shall contact the 17 Illinois State Police with the transferee's or purchaser's 18 Firearm Owner's Identification Card number to determine the 19 validity of the card. The Illinois State Police may adopt 20 rules concerning the implementation of this subsection. The 21 Illinois State Police shall provide the seller or transferor 22 an approval number if the purchaser's Firearm Owner's 23 Identification Card is valid. Approvals issued by the Illinois 24 State Police for the purchase of a firearm pursuant to this 25 subsection are valid for 30 days from the date of issue. 26 (a-15) The provisions of subsection (a-10) of this Section HB3795 - 2 - LRB103 27351 RLC 53723 b HB3795- 3 -LRB103 27351 RLC 53723 b HB3795 - 3 - LRB103 27351 RLC 53723 b HB3795 - 3 - LRB103 27351 RLC 53723 b 1 do not apply to: 2 (1) transfers that occur at the place of business of a 3 federally licensed firearm dealer, if the federally 4 licensed firearm dealer conducts a background check on the 5 prospective recipient of the firearm in accordance with 6 Section 3.1 of this Act and follows all other applicable 7 federal, State, and local laws as if he or she were the 8 seller or transferor of the firearm, although the dealer 9 is not required to accept the firearm 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, which the dealer may retain as 13 compensation for performing the functions required under 14 this paragraph, plus the applicable fees authorized by 15 Section 3.1; 16 (2) transfers as a bona fide gift to the transferor's 17 husband, wife, son, daughter, stepson, stepdaughter, 18 father, mother, stepfather, stepmother, brother, sister, 19 nephew, niece, uncle, aunt, grandfather, grandmother, 20 grandson, granddaughter, father-in-law, mother-in-law, 21 son-in-law, or daughter-in-law; 22 (3) transfers by persons acting pursuant to operation 23 of law or a court order; 24 (4) transfers on the grounds of a gun show under 25 subsection (a-5) of this Section; 26 (5) the delivery of a firearm by its owner to a HB3795 - 3 - LRB103 27351 RLC 53723 b HB3795- 4 -LRB103 27351 RLC 53723 b HB3795 - 4 - LRB103 27351 RLC 53723 b HB3795 - 4 - LRB103 27351 RLC 53723 b 1 gunsmith for service or repair, the return of the firearm 2 to its owner by the gunsmith, or the delivery of a firearm 3 by a gunsmith to a federally licensed firearms dealer for 4 service or repair and the return of the firearm to the 5 gunsmith; 6 (6) temporary transfers that occur while in the home 7 of the unlicensed transferee, if the unlicensed transferee 8 is not otherwise prohibited from possessing firearms and 9 the unlicensed transferee reasonably believes that 10 possession of the firearm is necessary to prevent imminent 11 death or great bodily harm to the unlicensed transferee; 12 (7) transfers to a law enforcement or corrections 13 agency or a law enforcement or corrections officer acting 14 within the course and scope of his or her official duties; 15 (8) transfers of firearms that have been rendered 16 permanently inoperable to a nonprofit historical society, 17 museum, or institutional collection; and 18 (9) transfers to a person who is exempt from the 19 requirement of possessing a Firearm Owner's Identification 20 Card under Section 2 of this Act. 21 (a-20) The Illinois State Police shall develop an 22 Internet-based system for individuals to determine the 23 validity of a Firearm Owner's Identification Card prior to the 24 sale or transfer of a firearm. The Illinois State Police shall 25 have the Internet-based system updated and available for use 26 by January 1, 2024. The Illinois State Police shall adopt HB3795 - 4 - LRB103 27351 RLC 53723 b HB3795- 5 -LRB103 27351 RLC 53723 b HB3795 - 5 - LRB103 27351 RLC 53723 b HB3795 - 5 - LRB103 27351 RLC 53723 b 1 rules not inconsistent with this Section to implement this 2 system, but no rule shall allow the Illinois State Police to 3 retain records in contravention of State and federal law. 4 (a-25) On or before January 1, 2022, the Illinois State 5 Police shall develop an Internet-based system upon which the 6 serial numbers of firearms that have been reported stolen are 7 available for public access for individuals to ensure any 8 firearms are not reported stolen prior to the sale or transfer 9 of a firearm under this Section. The Illinois State Police 10 shall have the Internet-based system completed and available 11 for use by July 1, 2022. The Illinois State Police shall adopt 12 rules not inconsistent with this Section to implement this 13 system. 14 (b) Any person within this State who transfers or causes 15 to be transferred any firearm, stun gun, or taser shall keep a 16 record of such transfer for a period of 10 years from the date 17 of transfer. Any person within this State who receives any 18 firearm, stun gun, or taser pursuant to subsection (a-10) 19 shall provide a record of the transfer within 10 days of the 20 transfer to a federally licensed firearm dealer and shall not 21 be required to maintain a transfer record. The federally 22 licensed firearm dealer shall maintain the transfer record for 23 20 years from the date of receipt. A federally licensed 24 firearm dealer may charge a fee not to exceed $25 to retain the 25 record. The record shall be provided and maintained in either 26 an electronic or paper format. The federally licensed firearm HB3795 - 5 - LRB103 27351 RLC 53723 b HB3795- 6 -LRB103 27351 RLC 53723 b HB3795 - 6 - LRB103 27351 RLC 53723 b HB3795 - 6 - LRB103 27351 RLC 53723 b 1 dealer shall not be liable for the accuracy of any information 2 in the transfer record submitted pursuant to this Section. 3 Such records shall contain the date of the transfer; the 4 description, serial number or other information identifying 5 the firearm, stun gun, or taser if no serial number is 6 available; and, if the transfer was completed within this 7 State, the transferee's Firearm Owner's Identification Card 8 number and any approval number or documentation provided by 9 the Illinois State Police pursuant to subsection (a-10) of 10 this Section; if the transfer was not completed within this 11 State, the record shall contain the name and address of the 12 transferee. On or after January 1, 2006, the record shall 13 contain the date of application for transfer of the firearm. 14 On demand of a peace officer such transferor shall produce for 15 inspection such record of transfer. For any transfer pursuant 16 to subsection (a-10) of this Section, on the demand of a peace 17 officer, such transferee shall identify the federally licensed 18 firearm dealer maintaining the transfer record. If the 19 transfer or sale took place at a gun show, the record shall 20 include the unique identification number. Failure to record 21 the unique identification number or approval number is a petty 22 offense. For transfers of a firearm, stun gun, or taser made on 23 or after January 18, 2019 (the effective date of Public Act 24 100-1178), failure by the private seller to maintain the 25 transfer records in accordance with this Section, or failure 26 by a transferee pursuant to subsection a-10 of this Section to HB3795 - 6 - LRB103 27351 RLC 53723 b HB3795- 7 -LRB103 27351 RLC 53723 b HB3795 - 7 - LRB103 27351 RLC 53723 b HB3795 - 7 - LRB103 27351 RLC 53723 b 1 identify the federally licensed firearm dealer maintaining the 2 transfer record, is a Class A misdemeanor for the first 3 offense and a Class 4 felony for a second or subsequent offense 4 occurring within 10 years of the first offense and the second 5 offense was committed after conviction of the first offense. 6 Whenever any person who has not previously been convicted of 7 any violation of subsection (a-5), the court may grant 8 supervision pursuant to and consistent with the limitations of 9 Section 5-6-1 of the Unified Code of Corrections. A transferee 10 or transferor shall not be criminally liable under this 11 Section provided that he or she provides the Illinois State 12 Police with the transfer records in accordance with procedures 13 established by the Illinois State Police. The Illinois State 14 Police shall establish, by rule, a standard form on its 15 website. 16 (b-5) Any resident may purchase ammunition from a person 17 within or outside of Illinois if shipment is by United States 18 mail or by a private express carrier authorized by federal law 19 to ship ammunition. Any resident purchasing ammunition within 20 or outside the State of Illinois must provide the seller with a 21 copy of his or her valid Firearm Owner's Identification Card 22 or valid concealed carry license and either his or her 23 Illinois driver's license or Illinois State Identification 24 Card prior to the shipment of the ammunition. The ammunition 25 may be shipped only to an address on either of those 2 26 documents. HB3795 - 7 - LRB103 27351 RLC 53723 b HB3795- 8 -LRB103 27351 RLC 53723 b HB3795 - 8 - LRB103 27351 RLC 53723 b HB3795 - 8 - LRB103 27351 RLC 53723 b 1 (c) The provisions of this Section regarding the transfer 2 of firearm ammunition shall not apply to those persons 3 specified in paragraph (b) of Section 2 of this Act. 4 (Source: P.A. 102-538, eff. 8-20-21; 102-813, eff. 5-13-22; 5 102-1116, eff. 1-10-23.) 6 (Text of Section after amendment by P.A. 102-237) 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 17 addition, all firearm, firearm ammunition, stun gun, and taser 18 transfers by federally licensed firearm dealers are subject to 19 Section 3.1. 20 (a-5) Any person who is not a federally licensed firearm 21 dealer and who desires to transfer or sell a firearm while that 22 person is on the grounds of a gun show must, before selling or 23 transferring the firearm, request the Illinois State Police to 24 conduct a background check on the prospective recipient of the 25 firearm in accordance with Section 3.1. HB3795 - 8 - LRB103 27351 RLC 53723 b HB3795- 9 -LRB103 27351 RLC 53723 b HB3795 - 9 - LRB103 27351 RLC 53723 b HB3795 - 9 - LRB103 27351 RLC 53723 b 1 (a-10) Notwithstanding item (2) of subsection (a) of this 2 Section, any person who is not a federally licensed firearm 3 dealer and who desires to transfer or sell any a firearm or 4 sell firearm ammunition firearms to any person who is not a 5 federally licensed firearm dealer shall, before selling or 6 transferring the firearms or selling firearm ammunition, 7 contact a federal firearm license dealer under paragraph (1) 8 of subsection (a-15) of this Section to conduct the transfer 9 or the Illinois 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 under State and federal 13 law, including the National Instant Criminal Background Check 14 System. This subsection shall not be effective until July 1, 15 2023. Until that date the transferor shall contact the 16 Illinois State Police with the transferee's or purchaser's 17 Firearm Owner's Identification Card number to determine the 18 validity of the card. The Illinois State Police may adopt 19 rules concerning the implementation of this subsection. The 20 Illinois State Police shall provide the seller or transferor 21 an approval number if the purchaser's Firearm Owner's 22 Identification Card is valid. Approvals issued by the Illinois 23 State Police for the purchase of a firearm or firearm 24 ammunition pursuant to this subsection are valid for 30 days 25 from the date of issue. 26 (a-15) The provisions of subsection (a-10) of this Section HB3795 - 9 - LRB103 27351 RLC 53723 b HB3795- 10 -LRB103 27351 RLC 53723 b HB3795 - 10 - LRB103 27351 RLC 53723 b HB3795 - 10 - LRB103 27351 RLC 53723 b 1 do not apply to: 2 (1) transfers that occur at the place of business of a 3 federally licensed firearm dealer, if the federally 4 licensed firearm dealer conducts a background check on the 5 prospective recipient of the firearm or firearm ammunition 6 in accordance with Section 3.1 of this Act and follows all 7 other applicable federal, State, and local laws as if he 8 or she were the seller or transferor of the firearm or 9 firearm ammunition, although the dealer is not required to 10 accept the firearm or firearm ammunition into his or her 11 inventory. The purchaser or transferee may be required by 12 the federally licensed firearm dealer to pay a fee not to 13 exceed $25 per firearm or $25 per firearm ammunition sales 14 transaction, which the dealer may retain as compensation 15 for performing the functions required under this 16 paragraph, plus the applicable fees authorized by Section 17 3.1; 18 (2) transfers as a bona fide gift to the transferor's 19 husband, wife, son, daughter, stepson, stepdaughter, 20 father, mother, stepfather, stepmother, brother, sister, 21 nephew, niece, uncle, aunt, grandfather, grandmother, 22 grandson, granddaughter, father-in-law, mother-in-law, 23 son-in-law, or daughter-in-law; 24 (3) transfers by persons acting pursuant to operation 25 of law or a court order; 26 (4) transfers on the grounds of a gun show under HB3795 - 10 - LRB103 27351 RLC 53723 b HB3795- 11 -LRB103 27351 RLC 53723 b HB3795 - 11 - LRB103 27351 RLC 53723 b HB3795 - 11 - LRB103 27351 RLC 53723 b 1 subsection (a-5) of this Section; 2 (5) the delivery of a firearm by its owner to a 3 gunsmith for service or repair, the return of the firearm 4 to its owner by the gunsmith, or the delivery of a firearm 5 by a gunsmith to a federally licensed firearms dealer for 6 service or repair and the return of the firearm to the 7 gunsmith; 8 (6) temporary transfers that occur while in the home 9 of the unlicensed transferee, if the unlicensed transferee 10 is not otherwise prohibited from possessing firearms and 11 the unlicensed transferee reasonably believes that 12 possession of the firearm is necessary to prevent imminent 13 death or great bodily harm to the unlicensed transferee; 14 (7) transfers to a law enforcement or corrections 15 agency or a law enforcement or corrections officer acting 16 within the course and scope of his or her official duties; 17 (8) transfers of firearms that have been rendered 18 permanently inoperable to a nonprofit historical society, 19 museum, or institutional collection; and 20 (9) transfers to a person who is exempt from the 21 requirement of possessing a Firearm Owner's Identification 22 Card under Section 2 of this Act. 23 (a-20) The Illinois State Police shall develop an 24 Internet-based system for individuals to determine the 25 validity of a Firearm Owner's Identification Card prior to the 26 sale or transfer of a firearm or firearm ammunition. The HB3795 - 11 - LRB103 27351 RLC 53723 b HB3795- 12 -LRB103 27351 RLC 53723 b HB3795 - 12 - LRB103 27351 RLC 53723 b HB3795 - 12 - LRB103 27351 RLC 53723 b 1 Illinois State Police shall have the Internet-based system 2 updated and available for use by January 1, 2024. The Illinois 3 State Police shall adopt rules not inconsistent with this 4 Section to implement this system; but no rule shall allow the 5 Illinois State Police to retain records in contravention of 6 State and federal law. 7 (a-25) On or before January 1, 2022, the Illinois State 8 Police shall develop an Internet-based system upon which the 9 serial numbers of firearms that have been reported stolen are 10 available for public access for individuals to ensure any 11 firearms are not reported stolen prior to the sale or transfer 12 of a firearm under this Section. The Illinois State Police 13 shall have the Internet-based system completed and available 14 for use by July 1, 2022. The Illinois State Police shall adopt 15 rules not inconsistent with this Section to implement this 16 system. 17 (b) Any person within this State who transfers or causes 18 to be transferred any firearm, firearm ammunition, stun gun, 19 or taser shall keep a record of such transfer for a period of 20 10 years from the date of transfer. Any person within this 21 State who receives any firearm, firearm ammunition, stun gun, 22 or taser pursuant to subsection (a-10) shall provide a record 23 of the transfer within 10 days of the transfer to a federally 24 licensed firearm dealer and shall not be required to maintain 25 a transfer record. The federally licensed firearm dealer shall 26 maintain the transfer record for 20 years from the date of HB3795 - 12 - LRB103 27351 RLC 53723 b HB3795- 13 -LRB103 27351 RLC 53723 b HB3795 - 13 - LRB103 27351 RLC 53723 b HB3795 - 13 - LRB103 27351 RLC 53723 b 1 receipt. A federally licensed firearm dealer may charge a fee 2 not to exceed $25 to retain the record. The record shall be 3 provided and maintained in either an electronic or paper 4 format. The federally licensed firearm dealer shall not be 5 liable for the accuracy of any information in the transfer 6 record submitted pursuant to this Section. Such records shall 7 contain the date of the transfer; the description, serial 8 number or other information identifying the firearm, stun gun, 9 or taser if no serial number is available; quantity and type of 10 firearm ammunition transferred; and, if the transfer was 11 completed within this State, the transferee's Firearm Owner's 12 Identification Card number and any approval number or 13 documentation provided by the Illinois State Police pursuant 14 to subsection (a-10) of this Section; if the transfer was not 15 completed within this State, the record shall contain the name 16 and address of the transferee. On or after January 1, 2006, the 17 record shall contain the date of application for transfer of 18 the firearm or firearm ammunition. On demand of a peace 19 officer such transferor shall produce for inspection such 20 record of transfer. For any transfer pursuant to subsection 21 (a-10) of this Section, on the demand of a peace officer, such 22 transferee shall identify the federally licensed firearm 23 dealer maintaining the transfer record. If the transfer or 24 sale took place at a gun show, the record shall include the 25 unique identification number. Failure to record the unique 26 identification number or approval number is a petty offense. HB3795 - 13 - LRB103 27351 RLC 53723 b HB3795- 14 -LRB103 27351 RLC 53723 b HB3795 - 14 - LRB103 27351 RLC 53723 b HB3795 - 14 - LRB103 27351 RLC 53723 b 1 For transfers of a firearm, stun gun, or taser made on or after 2 January 18, 2019 (the effective date of Public Act 100-1178), 3 failure by the private seller to maintain the transfer records 4 in 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 103rd 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. The Illinois State Police shall establish, by HB3795 - 14 - LRB103 27351 RLC 53723 b HB3795- 15 -LRB103 27351 RLC 53723 b HB3795 - 15 - LRB103 27351 RLC 53723 b HB3795 - 15 - LRB103 27351 RLC 53723 b 1 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 Act while 18 engaging in activities listed in that subsection. 19 (Source: P.A. 102-237, eff. 1-1-24; 102-538, eff. 8-20-21; 20 102-813, eff. 5-13-22; 102-1116, eff. 1-10-23.) 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 HB3795 - 15 - LRB103 27351 RLC 53723 b HB3795- 16 -LRB103 27351 RLC 53723 b HB3795 - 16 - LRB103 27351 RLC 53723 b HB3795 - 16 - LRB103 27351 RLC 53723 b 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 the 11 time period established by Section 24-3 of the Criminal Code 12 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. HB3795 - 16 - LRB103 27351 RLC 53723 b HB3795- 17 -LRB103 27351 RLC 53723 b HB3795 - 17 - LRB103 27351 RLC 53723 b HB3795 - 17 - LRB103 27351 RLC 53723 b 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 under either subsection (a-25) of Section 4 or 7 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 HB3795 - 17 - LRB103 27351 RLC 53723 b HB3795- 18 -LRB103 27351 RLC 53723 b HB3795 - 18 - LRB103 27351 RLC 53723 b HB3795 - 18 - LRB103 27351 RLC 53723 b 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; 17 102-813, eff. 5-13-22.) 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. HB3795 - 18 - LRB103 27351 RLC 53723 b