IL
Illinois House Bill HB3795

Illinois 2023-2024 Regular Session

Illinois House Bill HB3795 Compare Versions

Only one version of the bill is available at this time.
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11 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
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3795 Introduced , by Rep. Frances Ann Hurley SYNOPSIS AS INTRODUCED:
33 430 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
44 430 ILCS 65/3 from Ch. 38, par. 83-3
55 430 ILCS 65/3.1 from Ch. 38, par. 83-3.1
66 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.
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1212 1 AN ACT concerning safety.
1313 2 Be it enacted by the People of the State of Illinois,
1414 3 represented in the General Assembly:
1515 4 Section 5. The Firearm Owners Identification Card Act is
1616 5 amended by changing Sections 3 and 3.1 as follows:
1717 6 (430 ILCS 65/3) (from Ch. 38, par. 83-3)
1818 7 (Text of Section before amendment by P.A. 102-237)
1919 8 Sec. 3. (a) Except as provided in Section 3a, no person may
2020 9 knowingly transfer, or cause to be transferred, any firearm,
2121 10 firearm ammunition, stun gun, or taser to any person within
2222 11 this State unless the transferee with whom he deals displays
2323 12 either: (1) a currently valid Firearm Owner's Identification
2424 13 Card which has previously been issued in his or her name by the
2525 14 Illinois State Police under the provisions of this Act; or (2)
2626 15 a currently valid license to carry a concealed firearm which
2727 16 has previously been issued in his or her name by the Illinois
2828 17 State Police under the Firearm Concealed Carry Act. In
2929 18 addition, all firearm, stun gun, and taser transfers by
3030 19 federally licensed firearm dealers are subject to Section 3.1.
3131 20 (a-5) Any person who is not a federally licensed firearm
3232 21 dealer and who desires to transfer or sell a firearm while that
3333 22 person is on the grounds of a gun show must, before selling or
3434 23 transferring the firearm, request the Illinois State Police to
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3838 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3795 Introduced , by Rep. Frances Ann Hurley SYNOPSIS AS INTRODUCED:
3939 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
4040 430 ILCS 65/3 from Ch. 38, par. 83-3
4141 430 ILCS 65/3.1 from Ch. 38, par. 83-3.1
4242 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.
4343 LRB103 27351 RLC 53723 b LRB103 27351 RLC 53723 b
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4545 A BILL FOR
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7171 1 conduct a background check on the prospective recipient of the
7272 2 firearm in accordance with Section 3.1.
7373 3 (a-10) Notwithstanding item (2) of subsection (a) of this
7474 4 Section, any person who is not a federally licensed firearm
7575 5 dealer and who desires to transfer or sell a firearm or
7676 6 firearms to any person who is not a federally licensed firearm
7777 7 dealer shall, before selling or transferring the firearms,
7878 8 contact a federal firearm license dealer under paragraph (1)
7979 9 of subsection (a-15) of this Section to conduct the transfer
8080 10 or the Illinois State Police with the transferee's or
8181 11 purchaser's Firearm Owner's Identification Card number to
8282 12 determine the validity of the transferee's or purchaser's
8383 13 Firearm Owner's Identification Card under State and federal
8484 14 law including the National Instant Criminal Background Check
8585 15 System. This subsection shall not be effective until July 1,
8686 16 2023. Until that date the transferor shall contact the
8787 17 Illinois State Police with the transferee's or purchaser's
8888 18 Firearm Owner's Identification Card number to determine the
8989 19 validity of the card. The Illinois State Police may adopt
9090 20 rules concerning the implementation of this subsection. The
9191 21 Illinois State Police shall provide the seller or transferor
9292 22 an approval number if the purchaser's Firearm Owner's
9393 23 Identification Card is valid. Approvals issued by the Illinois
9494 24 State Police for the purchase of a firearm pursuant to this
9595 25 subsection are valid for 30 days from the date of issue.
9696 26 (a-15) The provisions of subsection (a-10) of this Section
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107107 1 do not apply to:
108108 2 (1) transfers that occur at the place of business of a
109109 3 federally licensed firearm dealer, if the federally
110110 4 licensed firearm dealer conducts a background check on the
111111 5 prospective recipient of the firearm in accordance with
112112 6 Section 3.1 of this Act and follows all other applicable
113113 7 federal, State, and local laws as if he or she were the
114114 8 seller or transferor of the firearm, although the dealer
115115 9 is not required to accept the firearm into his or her
116116 10 inventory. The purchaser or transferee may be required by
117117 11 the federally licensed firearm dealer to pay a fee not to
118118 12 exceed $25 per firearm, which the dealer may retain as
119119 13 compensation for performing the functions required under
120120 14 this paragraph, plus the applicable fees authorized by
121121 15 Section 3.1;
122122 16 (2) transfers as a bona fide gift to the transferor's
123123 17 husband, wife, son, daughter, stepson, stepdaughter,
124124 18 father, mother, stepfather, stepmother, brother, sister,
125125 19 nephew, niece, uncle, aunt, grandfather, grandmother,
126126 20 grandson, granddaughter, father-in-law, mother-in-law,
127127 21 son-in-law, or daughter-in-law;
128128 22 (3) transfers by persons acting pursuant to operation
129129 23 of law or a court order;
130130 24 (4) transfers on the grounds of a gun show under
131131 25 subsection (a-5) of this Section;
132132 26 (5) the delivery of a firearm by its owner to a
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143143 1 gunsmith for service or repair, the return of the firearm
144144 2 to its owner by the gunsmith, or the delivery of a firearm
145145 3 by a gunsmith to a federally licensed firearms dealer for
146146 4 service or repair and the return of the firearm to the
147147 5 gunsmith;
148148 6 (6) temporary transfers that occur while in the home
149149 7 of the unlicensed transferee, if the unlicensed transferee
150150 8 is not otherwise prohibited from possessing firearms and
151151 9 the unlicensed transferee reasonably believes that
152152 10 possession of the firearm is necessary to prevent imminent
153153 11 death or great bodily harm to the unlicensed transferee;
154154 12 (7) transfers to a law enforcement or corrections
155155 13 agency or a law enforcement or corrections officer acting
156156 14 within the course and scope of his or her official duties;
157157 15 (8) transfers of firearms that have been rendered
158158 16 permanently inoperable to a nonprofit historical society,
159159 17 museum, or institutional collection; and
160160 18 (9) transfers to a person who is exempt from the
161161 19 requirement of possessing a Firearm Owner's Identification
162162 20 Card under Section 2 of this Act.
163163 21 (a-20) The Illinois State Police shall develop an
164164 22 Internet-based system for individuals to determine the
165165 23 validity of a Firearm Owner's Identification Card prior to the
166166 24 sale or transfer of a firearm. The Illinois State Police shall
167167 25 have the Internet-based system updated and available for use
168168 26 by January 1, 2024. The Illinois State Police shall adopt
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179179 1 rules not inconsistent with this Section to implement this
180180 2 system, but no rule shall allow the Illinois State Police to
181181 3 retain records in contravention of State and federal law.
182182 4 (a-25) On or before January 1, 2022, the Illinois State
183183 5 Police shall develop an Internet-based system upon which the
184184 6 serial numbers of firearms that have been reported stolen are
185185 7 available for public access for individuals to ensure any
186186 8 firearms are not reported stolen prior to the sale or transfer
187187 9 of a firearm under this Section. The Illinois State Police
188188 10 shall have the Internet-based system completed and available
189189 11 for use by July 1, 2022. The Illinois State Police shall adopt
190190 12 rules not inconsistent with this Section to implement this
191191 13 system.
192192 14 (b) Any person within this State who transfers or causes
193193 15 to be transferred any firearm, stun gun, or taser shall keep a
194194 16 record of such transfer for a period of 10 years from the date
195195 17 of transfer. Any person within this State who receives any
196196 18 firearm, stun gun, or taser pursuant to subsection (a-10)
197197 19 shall provide a record of the transfer within 10 days of the
198198 20 transfer to a federally licensed firearm dealer and shall not
199199 21 be required to maintain a transfer record. The federally
200200 22 licensed firearm dealer shall maintain the transfer record for
201201 23 20 years from the date of receipt. A federally licensed
202202 24 firearm dealer may charge a fee not to exceed $25 to retain the
203203 25 record. The record shall be provided and maintained in either
204204 26 an electronic or paper format. The federally licensed firearm
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215215 1 dealer shall not be liable for the accuracy of any information
216216 2 in the transfer record submitted pursuant to this Section.
217217 3 Such records shall contain the date of the transfer; the
218218 4 description, serial number or other information identifying
219219 5 the firearm, stun gun, or taser if no serial number is
220220 6 available; and, if the transfer was completed within this
221221 7 State, the transferee's Firearm Owner's Identification Card
222222 8 number and any approval number or documentation provided by
223223 9 the Illinois State Police pursuant to subsection (a-10) of
224224 10 this Section; if the transfer was not completed within this
225225 11 State, the record shall contain the name and address of the
226226 12 transferee. On or after January 1, 2006, the record shall
227227 13 contain the date of application for transfer of the firearm.
228228 14 On demand of a peace officer such transferor shall produce for
229229 15 inspection such record of transfer. For any transfer pursuant
230230 16 to subsection (a-10) of this Section, on the demand of a peace
231231 17 officer, such transferee shall identify the federally licensed
232232 18 firearm dealer maintaining the transfer record. If the
233233 19 transfer or sale took place at a gun show, the record shall
234234 20 include the unique identification number. Failure to record
235235 21 the unique identification number or approval number is a petty
236236 22 offense. For transfers of a firearm, stun gun, or taser made on
237237 23 or after January 18, 2019 (the effective date of Public Act
238238 24 100-1178), failure by the private seller to maintain the
239239 25 transfer records in accordance with this Section, or failure
240240 26 by a transferee pursuant to subsection a-10 of this Section to
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251251 1 identify the federally licensed firearm dealer maintaining the
252252 2 transfer record, is a Class A misdemeanor for the first
253253 3 offense and a Class 4 felony for a second or subsequent offense
254254 4 occurring within 10 years of the first offense and the second
255255 5 offense was committed after conviction of the first offense.
256256 6 Whenever any person who has not previously been convicted of
257257 7 any violation of subsection (a-5), the court may grant
258258 8 supervision pursuant to and consistent with the limitations of
259259 9 Section 5-6-1 of the Unified Code of Corrections. A transferee
260260 10 or transferor shall not be criminally liable under this
261261 11 Section provided that he or she provides the Illinois State
262262 12 Police with the transfer records in accordance with procedures
263263 13 established by the Illinois State Police. The Illinois State
264264 14 Police shall establish, by rule, a standard form on its
265265 15 website.
266266 16 (b-5) Any resident may purchase ammunition from a person
267267 17 within or outside of Illinois if shipment is by United States
268268 18 mail or by a private express carrier authorized by federal law
269269 19 to ship ammunition. Any resident purchasing ammunition within
270270 20 or outside the State of Illinois must provide the seller with a
271271 21 copy of his or her valid Firearm Owner's Identification Card
272272 22 or valid concealed carry license and either his or her
273273 23 Illinois driver's license or Illinois State Identification
274274 24 Card prior to the shipment of the ammunition. The ammunition
275275 25 may be shipped only to an address on either of those 2
276276 26 documents.
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287287 1 (c) The provisions of this Section regarding the transfer
288288 2 of firearm ammunition shall not apply to those persons
289289 3 specified in paragraph (b) of Section 2 of this Act.
290290 4 (Source: P.A. 102-538, eff. 8-20-21; 102-813, eff. 5-13-22;
291291 5 102-1116, eff. 1-10-23.)
292292 6 (Text of Section after amendment by P.A. 102-237)
293293 7 Sec. 3. (a) Except as provided in Section 3a, no person may
294294 8 knowingly transfer, or cause to be transferred, any firearm,
295295 9 firearm ammunition, stun gun, or taser to any person within
296296 10 this State unless the transferee with whom he deals displays
297297 11 either: (1) a currently valid Firearm Owner's Identification
298298 12 Card which has previously been issued in his or her name by the
299299 13 Illinois State Police under the provisions of this Act; or (2)
300300 14 a currently valid license to carry a concealed firearm which
301301 15 has previously been issued in his or her name by the Illinois
302302 16 State Police under the Firearm Concealed Carry Act. In
303303 17 addition, all firearm, firearm ammunition, stun gun, and taser
304304 18 transfers by federally licensed firearm dealers are subject to
305305 19 Section 3.1.
306306 20 (a-5) Any person who is not a federally licensed firearm
307307 21 dealer and who desires to transfer or sell a firearm while that
308308 22 person is on the grounds of a gun show must, before selling or
309309 23 transferring the firearm, request the Illinois State Police to
310310 24 conduct a background check on the prospective recipient of the
311311 25 firearm in accordance with Section 3.1.
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322322 1 (a-10) Notwithstanding item (2) of subsection (a) of this
323323 2 Section, any person who is not a federally licensed firearm
324324 3 dealer and who desires to transfer or sell any a firearm or
325325 4 sell firearm ammunition firearms to any person who is not a
326326 5 federally licensed firearm dealer shall, before selling or
327327 6 transferring the firearms or selling firearm ammunition,
328328 7 contact a federal firearm license dealer under paragraph (1)
329329 8 of subsection (a-15) of this Section to conduct the transfer
330330 9 or the Illinois State Police with the transferee's or
331331 10 purchaser's Firearm Owner's Identification Card number to
332332 11 determine the validity of the transferee's or purchaser's
333333 12 Firearm Owner's Identification Card under State and federal
334334 13 law, including the National Instant Criminal Background Check
335335 14 System. This subsection shall not be effective until July 1,
336336 15 2023. Until that date the transferor shall contact the
337337 16 Illinois State Police with the transferee's or purchaser's
338338 17 Firearm Owner's Identification Card number to determine the
339339 18 validity of the card. The Illinois State Police may adopt
340340 19 rules concerning the implementation of this subsection. The
341341 20 Illinois State Police shall provide the seller or transferor
342342 21 an approval number if the purchaser's Firearm Owner's
343343 22 Identification Card is valid. Approvals issued by the Illinois
344344 23 State Police for the purchase of a firearm or firearm
345345 24 ammunition pursuant to this subsection are valid for 30 days
346346 25 from the date of issue.
347347 26 (a-15) The provisions of subsection (a-10) of this Section
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358358 1 do not apply to:
359359 2 (1) transfers that occur at the place of business of a
360360 3 federally licensed firearm dealer, if the federally
361361 4 licensed firearm dealer conducts a background check on the
362362 5 prospective recipient of the firearm or firearm ammunition
363363 6 in accordance with Section 3.1 of this Act and follows all
364364 7 other applicable federal, State, and local laws as if he
365365 8 or she were the seller or transferor of the firearm or
366366 9 firearm ammunition, although the dealer is not required to
367367 10 accept the firearm or firearm ammunition into his or her
368368 11 inventory. The purchaser or transferee may be required by
369369 12 the federally licensed firearm dealer to pay a fee not to
370370 13 exceed $25 per firearm or $25 per firearm ammunition sales
371371 14 transaction, which the dealer may retain as compensation
372372 15 for performing the functions required under this
373373 16 paragraph, plus the applicable fees authorized by Section
374374 17 3.1;
375375 18 (2) transfers as a bona fide gift to the transferor's
376376 19 husband, wife, son, daughter, stepson, stepdaughter,
377377 20 father, mother, stepfather, stepmother, brother, sister,
378378 21 nephew, niece, uncle, aunt, grandfather, grandmother,
379379 22 grandson, granddaughter, father-in-law, mother-in-law,
380380 23 son-in-law, or daughter-in-law;
381381 24 (3) transfers by persons acting pursuant to operation
382382 25 of law or a court order;
383383 26 (4) transfers on the grounds of a gun show under
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394394 1 subsection (a-5) of this Section;
395395 2 (5) the delivery of a firearm by its owner to a
396396 3 gunsmith for service or repair, the return of the firearm
397397 4 to its owner by the gunsmith, or the delivery of a firearm
398398 5 by a gunsmith to a federally licensed firearms dealer for
399399 6 service or repair and the return of the firearm to the
400400 7 gunsmith;
401401 8 (6) temporary transfers that occur while in the home
402402 9 of the unlicensed transferee, if the unlicensed transferee
403403 10 is not otherwise prohibited from possessing firearms and
404404 11 the unlicensed transferee reasonably believes that
405405 12 possession of the firearm is necessary to prevent imminent
406406 13 death or great bodily harm to the unlicensed transferee;
407407 14 (7) transfers to a law enforcement or corrections
408408 15 agency or a law enforcement or corrections officer acting
409409 16 within the course and scope of his or her official duties;
410410 17 (8) transfers of firearms that have been rendered
411411 18 permanently inoperable to a nonprofit historical society,
412412 19 museum, or institutional collection; and
413413 20 (9) transfers to a person who is exempt from the
414414 21 requirement of possessing a Firearm Owner's Identification
415415 22 Card under Section 2 of this Act.
416416 23 (a-20) The Illinois State Police shall develop an
417417 24 Internet-based system for individuals to determine the
418418 25 validity of a Firearm Owner's Identification Card prior to the
419419 26 sale or transfer of a firearm or firearm ammunition. The
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430430 1 Illinois State Police shall have the Internet-based system
431431 2 updated and available for use by January 1, 2024. The Illinois
432432 3 State Police shall adopt rules not inconsistent with this
433433 4 Section to implement this system; but no rule shall allow the
434434 5 Illinois State Police to retain records in contravention of
435435 6 State and federal law.
436436 7 (a-25) On or before January 1, 2022, the Illinois State
437437 8 Police shall develop an Internet-based system upon which the
438438 9 serial numbers of firearms that have been reported stolen are
439439 10 available for public access for individuals to ensure any
440440 11 firearms are not reported stolen prior to the sale or transfer
441441 12 of a firearm under this Section. The Illinois State Police
442442 13 shall have the Internet-based system completed and available
443443 14 for use by July 1, 2022. The Illinois State Police shall adopt
444444 15 rules not inconsistent with this Section to implement this
445445 16 system.
446446 17 (b) Any person within this State who transfers or causes
447447 18 to be transferred any firearm, firearm ammunition, stun gun,
448448 19 or taser shall keep a record of such transfer for a period of
449449 20 10 years from the date of transfer. Any person within this
450450 21 State who receives any firearm, firearm ammunition, stun gun,
451451 22 or taser pursuant to subsection (a-10) shall provide a record
452452 23 of the transfer within 10 days of the transfer to a federally
453453 24 licensed firearm dealer and shall not be required to maintain
454454 25 a transfer record. The federally licensed firearm dealer shall
455455 26 maintain the transfer record for 20 years from the date of
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466466 1 receipt. A federally licensed firearm dealer may charge a fee
467467 2 not to exceed $25 to retain the record. The record shall be
468468 3 provided and maintained in either an electronic or paper
469469 4 format. The federally licensed firearm dealer shall not be
470470 5 liable for the accuracy of any information in the transfer
471471 6 record submitted pursuant to this Section. Such records shall
472472 7 contain the date of the transfer; the description, serial
473473 8 number or other information identifying the firearm, stun gun,
474474 9 or taser if no serial number is available; quantity and type of
475475 10 firearm ammunition transferred; and, if the transfer was
476476 11 completed within this State, the transferee's Firearm Owner's
477477 12 Identification Card number and any approval number or
478478 13 documentation provided by the Illinois State Police pursuant
479479 14 to subsection (a-10) of this Section; if the transfer was not
480480 15 completed within this State, the record shall contain the name
481481 16 and address of the transferee. On or after January 1, 2006, the
482482 17 record shall contain the date of application for transfer of
483483 18 the firearm or firearm ammunition. On demand of a peace
484484 19 officer such transferor shall produce for inspection such
485485 20 record of transfer. For any transfer pursuant to subsection
486486 21 (a-10) of this Section, on the demand of a peace officer, such
487487 22 transferee shall identify the federally licensed firearm
488488 23 dealer maintaining the transfer record. If the transfer or
489489 24 sale took place at a gun show, the record shall include the
490490 25 unique identification number. Failure to record the unique
491491 26 identification number or approval number is a petty offense.
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502502 1 For transfers of a firearm, stun gun, or taser made on or after
503503 2 January 18, 2019 (the effective date of Public Act 100-1178),
504504 3 failure by the private seller to maintain the transfer records
505505 4 in accordance with this Section, or failure by a transferee
506506 5 pursuant to subsection a-10 of this Section to identify the
507507 6 federally licensed firearm dealer maintaining the transfer
508508 7 record, is a Class A misdemeanor for the first offense and a
509509 8 Class 4 felony for a second or subsequent offense occurring
510510 9 within 10 years of the first offense and the second offense was
511511 10 committed after conviction of the first offense. For transfers
512512 11 of firearm ammunition made on or after the effective date of
513513 12 this amendatory Act of the 103rd General Assembly, failure by
514514 13 the private seller to maintain the transfer records in
515515 14 accordance with this Section is a Class A misdemeanor for the
516516 15 first offense and a Class 4 felony for a second or subsequent
517517 16 offense occurring within 10 years of the first offense and the
518518 17 second offense was committed after conviction of the first
519519 18 offense. Whenever any person who has not previously been
520520 19 convicted of any violation of subsection (a-5), the court may
521521 20 grant supervision pursuant to and consistent with the
522522 21 limitations of Section 5-6-1 of the Unified Code of
523523 22 Corrections. A transferee or transferor shall not be
524524 23 criminally liable under this Section provided that he or she
525525 24 provides the Illinois State Police with the transfer records
526526 25 in accordance with procedures established by the Illinois
527527 26 State Police. The Illinois State Police shall establish, by
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538538 1 rule, a standard form on its website.
539539 2 (b-5) Any resident may purchase ammunition from a person
540540 3 within or outside of Illinois if shipment is by United States
541541 4 mail or by a private express carrier authorized by federal law
542542 5 to ship ammunition. Any resident purchasing ammunition within
543543 6 or outside the State of Illinois must provide the seller with a
544544 7 copy of his or her valid Firearm Owner's Identification Card
545545 8 or valid concealed carry license and either his or her
546546 9 Illinois driver's license or Illinois State Identification
547547 10 Card prior to the shipment of the ammunition. Prior to the
548548 11 shipment of the ammunition, Illinois sellers shall contact the
549549 12 Illinois State Police consistent with the requirements set
550550 13 forth in this Section. The ammunition may be shipped only to an
551551 14 address on either of those 2 documents.
552552 15 (c) The provisions of this Section regarding the transfer
553553 16 of firearm ammunition shall not apply to those persons
554554 17 specified in paragraph (b) of Section 2 of this Act while
555555 18 engaging in activities listed in that subsection.
556556 19 (Source: P.A. 102-237, eff. 1-1-24; 102-538, eff. 8-20-21;
557557 20 102-813, eff. 5-13-22; 102-1116, eff. 1-10-23.)
558558 21 (430 ILCS 65/3.1) (from Ch. 38, par. 83-3.1)
559559 22 Sec. 3.1. Firearm Transfer Inquiry Program.
560560 23 (a) The Illinois State Police shall provide a dial up
561561 24 telephone system or utilize other existing technology which
562562 25 shall be used by any federally licensed firearm dealer, gun
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573573 1 show promoter, or gun show vendor who is to transfer a firearm,
574574 2 firearm ammunition, stun gun, or taser under the provisions of
575575 3 this Act. The Illinois State Police may utilize existing
576576 4 technology which allows the caller to be charged a fee not to
577577 5 exceed $2. Fees collected by the Illinois State Police shall
578578 6 be deposited in the State Police Firearm Services Fund and
579579 7 used to provide the service.
580580 8 (b) Upon receiving a request from a federally licensed
581581 9 firearm dealer, gun show promoter, or gun show vendor, the
582582 10 Illinois State Police shall immediately approve or, within the
583583 11 time period established by Section 24-3 of the Criminal Code
584584 12 of 2012 regarding the delivery of firearms, firearm
585585 13 ammunition, stun guns, and tasers, notify the inquiring
586586 14 dealer, gun show promoter, or gun show vendor of any objection
587587 15 that would disqualify the transferee from acquiring or
588588 16 possessing a firearm, firearm ammunition, stun gun, or taser.
589589 17 In conducting the inquiry, the Illinois State Police shall
590590 18 initiate and complete an automated search of its criminal
591591 19 history record information files and those of the Federal
592592 20 Bureau of Investigation, including the National Instant
593593 21 Criminal Background Check System, and of the files of the
594594 22 Department of Human Services relating to mental health and
595595 23 developmental disabilities to obtain any felony conviction or
596596 24 patient hospitalization information which would disqualify a
597597 25 person from obtaining or require revocation of a currently
598598 26 valid Firearm Owner's Identification Card.
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609609 1 (b-5) By January 1, 2023, the Illinois State Police shall
610610 2 by rule provide a process for the automatic renewal of the
611611 3 Firearm Owner's Identification Card of a person at the time of
612612 4 an inquiry in subsection (b). Persons eligible for this
613613 5 process must have a set of fingerprints on file with their
614614 6 applications under either subsection (a-25) of Section 4 or
615615 7 the Firearm Concealed Carry Act.
616616 8 (c) If receipt of a firearm would not violate Section 24-3
617617 9 of the Criminal Code of 2012, federal law, or this Act, the
618618 10 Illinois State Police shall:
619619 11 (1) assign a unique identification number to the
620620 12 transfer; and
621621 13 (2) provide the licensee, gun show promoter, or gun
622622 14 show vendor with the number.
623623 15 (d) Approvals issued by the Illinois State Police for the
624624 16 purchase of a firearm or firearm ammunition are valid for 30
625625 17 days from the date of issue.
626626 18 (e) (1) The Illinois State Police must act as the Illinois
627627 19 Point of Contact for the National Instant Criminal Background
628628 20 Check System.
629629 21 (2) The Illinois State Police and the Department of Human
630630 22 Services shall, in accordance with State and federal law
631631 23 regarding confidentiality, enter into a memorandum of
632632 24 understanding with the Federal Bureau of Investigation for the
633633 25 purpose of implementing the National Instant Criminal
634634 26 Background Check System in the State. The Illinois State
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645645 1 Police shall report the name, date of birth, and physical
646646 2 description of any person prohibited from possessing a firearm
647647 3 pursuant to the Firearm Owners Identification Card Act or 18
648648 4 U.S.C. 922(g) and (n) to the National Instant Criminal
649649 5 Background Check System Index, Denied Persons Files.
650650 6 (3) The Illinois State Police shall provide notice of the
651651 7 disqualification of a person under subsection (b) of this
652652 8 Section or the revocation of a person's Firearm Owner's
653653 9 Identification Card under Section 8 or Section 8.2 of this
654654 10 Act, and the reason for the disqualification or revocation, to
655655 11 all law enforcement agencies with jurisdiction to assist with
656656 12 the seizure of the person's Firearm Owner's Identification
657657 13 Card.
658658 14 (f) The Illinois State Police shall adopt rules not
659659 15 inconsistent with this Section to implement this system.
660660 16 (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
661661 17 102-813, eff. 5-13-22.)
662662 18 Section 95. No acceleration or delay. Where this Act makes
663663 19 changes in a statute that is represented in this Act by text
664664 20 that is not yet or no longer in effect (for example, a Section
665665 21 represented by multiple versions), the use of that text does
666666 22 not accelerate or delay the taking effect of (i) the changes
667667 23 made by this Act or (ii) provisions derived from any other
668668 24 Public Act.
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