Bill Text: IL HB3165 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Firearm Owners Identification Card Act. Provides that the Department of State Police may not retain, copy, or distribute any information previously collected under this Act on a firearm transfer inquiry system check. Requires the Department to destroy all records of the Firearms Transfer Inquiry Program system with respect to the call or request, other than the identifying number and the date the number was assigned, and all records of the system relating to the person or the transfer, within 45 days after the request, except: (1) if the transfer of a firearm is denied by the Department of State Police, the Department may keep the records of a denial in perpetuity, unless the denial is appealed and overturned then the records shall be destroyed; or (2) if the record is part of a criminal investigation initiated prior to the 45 day limit. Defines "transfer". Effective immediately.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2019-03-29 - Rule 19(a) / Re-referred to Rules Committee [HB3165 Detail]

Download: Illinois-2019-HB3165-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB3165 Introduced , by Rep. Jerry Costello, II SYNOPSIS AS INTRODUCED:
430 ILCS 65/3 from Ch. 38, par. 83-3
Amends the Firearm Owners Identification Card Act. Provides that the Department of State Police may not retain, copy, or distribute any information previously collected under this Act on a firearm transfer inquiry system check. Requires the Department to destroy all records of the Firearms Transfer Inquiry Program system with respect to the call or request, other than the identifying number and the date the number was assigned, and all records of the system relating to the person or the transfer, within 45 days after the request, except: (1) if the transfer of a firearm is denied by the Department of State Police, the Department may keep the records of a denial in perpetuity, unless the denial is appealed and overturned then the records shall be destroyed; or (2) if the record is part of a criminal investigation initiated prior to the 45 day limit. Defines "transfer". Effective immediately.
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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 Section 3 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
either: (1) a currently valid Firearm Owner's Identification
Card which has previously been issued in his or her name by the
Department of State Police under the provisions of this Act; or
(2) a currently valid license to carry a concealed firearm
which has previously been issued in his or her name by the
Department of State Police under the Firearm Concealed Carry
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

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recipient of the firearm in accordance with Section 3.1.
(a-10) Notwithstanding item (2) of subsection (a) of this
Section, any person who is not a federally licensed firearm
dealer and who desires to transfer or sell a firearm or
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

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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
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

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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
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.
(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

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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
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 or
valid concealed carry license 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.
(d) The Department of State Police may not retain, copy, or
distribute any information previously collected under this
Section. Except as otherwise provided in this subsection (d),

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the Department shall destroy all records of the Firearms
Transfer Inquiry Program system with respect to the call or
request, other than the identifying number and the date the
number was assigned, and all records of the system relating to
the person or the transfer, within 45 days after the request,
except:
(1) if the transfer of a firearm is denied by the
Department of State Police, the Department may keep the
records of a denial in perpetuity, unless the denial is
appealed and overturned then the records shall be
destroyed;
(2) if the record is part of a criminal investigation
initiated prior to the 45 day limit.
(e) In this Act, "transfer" means the permanent transfer of
possession, ownership, or title to a firearm. "Transfer" does
not include any other condition of possession or use of a
firearm, except as provided in subsection (d).
(Source: P.A. 98-508, eff. 8-19-13; 99-29, eff. 7-10-15.)
Section 99. Effective date. This Act takes effect upon
becoming law.