Illinois 2023 2023-2024 Regular Session

Illinois House Bill HB3795 Introduced / Bill

Filed 02/17/2023

                    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