Bill Text: IL HB1405 | 2015-2016 | 99th General Assembly | Introduced

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Bill Title: Amends the Firearm Owners Identification Card Act. Provides that a person who is not a federally licensed importer, manufacturer, or dealer and who desires to sell or transfer a firearm of a size that may be concealed upon the person to another person, who is not a federally licensed importer, manufacturer, or dealer, shall do so only at the place of business of a federally licensed firearm dealer. Provides that the federally licensed firearm dealer shall conduct a background check on the prospective recipient of the firearm and follow all other applicable federal, State, and local laws as if he or she were the seller of the firearm. Provides that the purchaser or transferee may be required by the federally licensed firearm dealer to pay a fee not to exceed $10 per firearm, plus other authorized fees. Makes exceptions for (i) the transfer of a firearm between spouses, a parent and child, or other family members, (ii) transfers by persons acting pursuant to operation of law or a court order, or (iii) transfers on the grounds of a gun show. Provides that the Department of State Police shall develop an Internet based system for individuals to request the Department of State Police to conduct an instant criminal background check prior to the sale or transfer of a handgun. Provides that the Department of State Police shall have the system completed and available for use by July 1, 2016.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2015-03-27 - Rule 19(a) / Re-referred to Rules Committee [HB1405 Detail]

Download: Illinois-2015-HB1405-Introduced.html

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99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 HB1405 Introduced , by Rep. Kelly M. Cassidy 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 a person who is not a federally licensed importer, manufacturer, or dealer and who desires to sell or transfer a firearm of a size that may be concealed upon the person to another person, who is not a federally licensed importer, manufacturer, or dealer, shall do so only at the place of business of a federally licensed firearm dealer. Provides that the federally licensed firearm dealer shall conduct a background check on the prospective recipient of the firearm and follow all other applicable federal, State, and local laws as if he or she were the seller of the firearm. Provides that the purchaser or transferee may be required by the federally licensed firearm dealer to pay a fee not to exceed $10 per firearm, plus other authorized fees. Makes exceptions for (i) the transfer of a firearm between spouses, a parent and child, or other family members, (ii) transfers by persons acting pursuant to operation of law or a court order, or (iii) transfers on the grounds of a gun show. Provides that the Department of State Police shall develop an Internet based system for individuals to request the Department of State Police to conduct an instant criminal background check prior to the sale or transfer of a handgun. Provides that the Department of State Police shall have the system completed and available for use by July 1, 2016.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning safety.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Firearm Owners Identification Card Act is
amended by changing Sections 3 and 3.1 as follows:
(430 ILCS 65/3) (from Ch. 38, par. 83-3)
Sec. 3. (a) Except as provided in Section 3a, no person may
knowingly transfer, or cause to be transferred, any firearm,
firearm ammunition, stun gun, or taser to any person within
this State unless the transferee with whom he deals displays a
currently valid Firearm Owner's Identification Card which has
previously been issued in his name by the Department of State
Police under the provisions of this Act. In addition, all
firearm, stun gun, and taser transfers by federally licensed
firearm dealers are subject to Section 3.1.
(a-5) Any person who is not a federally licensed firearm
dealer and who desires to transfer or sell a firearm while that
person is on the grounds of a gun show must, before selling or
transferring the firearm, request the Department of State
Police to conduct a background check on the prospective
recipient of the firearm in accordance with Section 3.1.
(a-10) Any person who is not a federally licensed firearm
dealer and who desires to transfer or sell a firearm or

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firearms to any person who is not a federally licensed firearm
dealer shall, before selling or transferring the firearms,
contact the Department of State Police with the transferee's or
purchaser's Firearm Owner's Identification Card number to
determine the validity of the transferee's or purchaser's
Firearm Owner's Identification Card. This subsection shall not
be effective until January 1, 2014. The Department of State
Police may adopt rules concerning the implementation of this
subsection. The Department of State Police shall provide the
seller or transferor an approval number if the purchaser's
Firearm Owner's Identification Card is valid. Approvals issued
by the Department for the purchase of a firearm pursuant to
this subsection are valid for 30 days from the date of issue.
(a-15) The provisions of subsection (a-10) of this Section
do not apply to:
(1) transfers that occur at the place of business of a
federally licensed firearm dealer, if the federally
licensed firearm dealer conducts a background check on the
prospective recipient of the firearm in accordance with
Section 3.1 of this Act and follows all other applicable
federal, State, and local laws as if he or she were the
seller or transferor of the firearm, although the dealer is
not required to accept the firearm into his or her
inventory. The purchaser or transferee may be required by
the federally licensed firearm dealer to pay a fee not to
exceed $10 per firearm, which the dealer may retain as

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compensation for performing the functions required under
this paragraph, plus the applicable fees authorized by
Section 3.1;
(2) transfers as a bona fide gift to the transferor's
husband, wife, son, daughter, stepson, stepdaughter,
father, mother, stepfather, stepmother, brother, sister,
nephew, niece, uncle, aunt, grandfather, grandmother,
grandson, granddaughter, father-in-law, mother-in-law,
son-in-law, or daughter-in-law;
(3) transfers by persons acting pursuant to operation
of law or a court order;
(4) transfers on the grounds of a gun show under
subsection (a-5) of this Section;
(5) the delivery of a firearm by its owner to a
gunsmith for service or repair, the return of the firearm
to its owner by the gunsmith, or the delivery of a firearm
by a gunsmith to a federally licensed firearms dealer for
service or repair and the return of the firearm to the
gunsmith;
(6) temporary transfers that occur while in the home of
the unlicensed transferee, if the unlicensed transferee is
not otherwise prohibited from possessing firearms and the
unlicensed transferee reasonably believes that possession
of the firearm is necessary to prevent imminent death or
great bodily harm to the unlicensed transferee;
(7) transfers to a law enforcement or corrections

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agency or a law enforcement or corrections officer acting
within the course and scope of his or her official duties;
(8) transfers of firearms that have been rendered
permanently inoperable to a nonprofit historical society,
museum, or institutional collection; and
(9) transfers to a person who is exempt from the
requirement of possessing a Firearm Owner's Identification
Card under Section 2 of this Act.
(a-20) The Department of State Police shall develop an
Internet-based system for individuals to determine the
validity of a Firearm Owner's Identification Card prior to the
sale or transfer of a firearm. The Department shall have the
Internet-based system completed and available for use by July
1, 2015. The Department shall adopt rules not inconsistent with
this Section to implement this system.
(a-25) Any person who is not a federally licensed importer,
manufacturer, or dealer and who desires to sell or transfer a
firearm of a size that may be concealed upon the person to
another person, who is not a federally licensed importer,
manufacturer, or dealer, shall do so only at the place of
business of a federally licensed firearm dealer. The federally
licensed firearm dealer shall conduct a background check on the
prospective recipient of the firearm in accordance with Section
3.1 of this Act and follow all other applicable federal, State,
and local laws as if he or she were the seller of the firearm.
The purchaser or transferee may be required by the federally

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licensed firearm dealer to pay a fee not to exceed $10 per
firearm, which the dealer may retain as compensation for
performing the functions required under this subsection, plus
the applicable fees authorized by Section 3.1.
The provisions of this subsection (a-25) do not apply to:
(1) transfers to the transferor's husband, wife, son,
daughter, stepson, stepdaughter, father, mother,
stepfather, stepmother, brother, sister, nephew, niece,
uncle, aunt, grandfather, grandmother, grandson,
granddaughter, father-in-law, mother-in-law, son-in-law or
daughter-in-law;
(2) transfers by persons acting pursuant to operation
of law or a court order; or
(3) transfers on the grounds of a gun show.
(b) Any person within this State who transfers or causes to
be transferred any firearm, stun gun, or taser shall keep a
record of such transfer for a period of 10 years from the date
of transfer. Such record shall contain the date of the
transfer; the description, serial number or other information
identifying the firearm, stun gun, or taser if no serial number
is available; and, if the transfer was completed within this
State, the transferee's Firearm Owner's Identification Card
number and any approval number or documentation provided by the
Department of State Police pursuant to subsection (a-10) of
this Section. On or after January 1, 2006, the record shall
contain the date of application for transfer of the firearm. On

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demand of a peace officer such transferor shall produce for
inspection such record of transfer. If the transfer or sale
took place at a gun show, the record shall include the unique
identification number. Failure to record the unique
identification number or approval number is a petty offense.
(b-5) Any resident may purchase ammunition from a person
within or outside of Illinois if shipment is by United States
mail or by a private express carrier authorized by federal law
to ship ammunition. Any resident purchasing ammunition within
or outside the State of Illinois must provide the seller with a
copy of his or her valid Firearm Owner's Identification Card
and either his or her Illinois driver's license or Illinois
State Identification Card prior to the shipment of the
ammunition. The ammunition may be shipped only to an address on
either of those 2 documents.
(c) The provisions of this Section regarding the transfer
of firearm ammunition shall not apply to those persons
specified in paragraph (b) of Section 2 of this Act.
(Source: P.A. 97-1135, eff. 12-4-12; 98-508, eff. 8-19-13.)
(430 ILCS 65/3.1) (from Ch. 38, par. 83-3.1)
Sec. 3.1. Dial up system.
(a) The Department of State Police shall provide a dial up
telephone system or utilize other existing technology which
shall be used by any federally licensed firearm dealer, gun
show promoter, or gun show vendor who is to transfer a firearm,

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stun gun, or taser under the provisions of this Act. The
Department of State Police may utilize existing technology
which allows the caller to be charged a fee not to exceed $2.
Fees collected by the Department of State Police shall be
deposited in the State Police Services Fund and used to provide
the service.
(b) Upon receiving a request from a federally licensed
firearm dealer, gun show promoter, or gun show vendor, the
Department of State Police shall immediately approve, or within
the time period established by Section 24-3 of the Criminal
Code of 2012 regarding the delivery of firearms, stun guns, and
tasers notify the inquiring dealer, gun show promoter, or gun
show vendor of any objection that would disqualify the
transferee from acquiring or possessing a firearm, stun gun, or
taser. In conducting the inquiry, the Department of State
Police shall initiate and complete an automated search of its
criminal history record information files and those of the
Federal Bureau of Investigation, including the National
Instant Criminal Background Check System, and of the files of
the Department of Human Services relating to mental health and
developmental disabilities to obtain any felony conviction or
patient hospitalization information which would disqualify a
person from obtaining or require revocation of a currently
valid Firearm Owner's Identification Card.
(c) If receipt of a firearm would not violate Section 24-3
of the Criminal Code of 2012, federal law, or this Act the

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Department of State Police shall:
(1) assign a unique identification number to the
transfer; and
(2) provide the licensee, gun show promoter, or gun
show vendor with the number.
(d) Approvals issued by the Department of State Police for
the purchase of a firearm are valid for 30 days from the date
of issue.
(e) (1) The Department of State Police must act as the
Illinois Point of Contact for the National Instant Criminal
Background Check System.
(2) The Department of State Police and the Department of
Human Services shall, in accordance with State and federal law
regarding confidentiality, enter into a memorandum of
understanding with the Federal Bureau of Investigation for the
purpose of implementing the National Instant Criminal
Background Check System in the State. The Department of State
Police shall report the name, date of birth, and physical
description of any person prohibited from possessing a firearm
pursuant to the Firearm Owners Identification Card Act or 18
U.S.C. 922(g) and (n) to the National Instant Criminal
Background Check System Index, Denied Persons Files.
(3) The Department of State Police shall provide notice of
the disqualification of a person under subsection (b) of this
Section or the revocation of a person's Firearm Owner's
Identification Card under Section 8 of this Act, and the reason

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for the disqualification or revocation, to all law enforcement
agencies with jurisdiction to assist with the seizure of the
person's Firearm Owner's Identification Card.
(f) The Department of State Police shall adopt rules not
inconsistent with this Section to implement this system.
(g) The Department of State Police shall develop an
Internet based system for individuals to request the Department
of State Police to conduct an instant criminal background check
prior to the sale or transfer of a handgun. The Department of
State Police shall have the system completed and available for
use by July 1, 2016. The Department shall adopt rules not
inconsistent with this Section to implement this system.
(Source: P.A. 97-1150, eff. 1-25-13; 98-63, eff. 7-9-13.)