Bill Text: IL SB0337 | 2017-2018 | 100th General Assembly | Enrolled


Bill Title: Amends the Child Care Act of 1969. Makes a technical change in a Section concerning background investigations.

Spectrum: Strong Partisan Bill (Democrat 50-4)

Status: (Passed) 2019-01-18 - Public Act . . . . . . . . . 100-1178 [SB0337 Detail]

Download: Illinois-2017-SB0337-Enrolled.html



SB0337 EnrolledLRB100 05120 SMS 15130 b
1 AN ACT concerning regulation.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4
ARTICLE 1. COMBATING ILLEGAL GUN TRAFFICKING ACT
5 Section 1-1. References to Act. This Act may be referred
6to as the Combating Illegal Gun Trafficking Act.
7
ARTICLE 5. FIREARM DEALER LICENSE CERTIFICATION ACT
8 Section 5-1. Short title. This Article 1 may be cited as
9the Firearm Dealer License Certification Act. References in
10this Article to "this Act" mean this Article.
11 Section 5-5. Definitions. In this Act:
12 "Certified licensee" means a licensee that has previously
13certified its license with the Department under this Act.
14 "Department" means the Department of State Police.
15 "Director" means the Director of State Police.
16 "Entity" means any person, firm, corporation, group of
17individuals, or other legal entity.
18 "Inventory" means firearms in the possession of an
19individual or entity for the purpose of sale or transfer.
20 "License" means a Federal Firearms License authorizing a

SB0337 Enrolled- 2 -LRB100 05120 SMS 15130 b
1person or entity to engage in the business of dealing firearms.
2 "Licensee" means a person, firm, corporation, or other
3entity who has been given, and is currently in possession of, a
4valid Federal Firearms License.
5 "Retail location" means a store open to the public from
6which a certified licensee engages in the business of selling,
7transferring, or facilitating a sale or transfer of a firearm.
8For purposes of this Act, a gun show or similar event at which
9a certified licensee engages in business from time to time is
10not a retail location.
11 Section 5-10. Copy of Federal Firearms License filed with
12the Department. Each licensee shall file with the Department a
13copy of its license, together with a sworn affidavit indicating
14that the license presented is in fact its license and that the
15license is valid. The Department may by rule create a process
16for checking the validity of the license, in lieu of requiring
17an affidavit. Upon receipt and review by the Department, the
18Department shall issue a certificate of license to the
19licensee, allowing the licensee to conduct business within this
20State. The Department shall issue an initial certificate of
21license within 30 days of receipt of the copy of license and
22sworn affidavit. If the Department does not issue the
23certificate within 30 days, the licensee shall operate as if a
24certificate has been granted unless and until a denial is
25issued by the Department.

SB0337 Enrolled- 3 -LRB100 05120 SMS 15130 b
1 Section 5-15. Certification requirement.
2 (a) Beginning 180 days after the effective date of this
3Act, it is unlawful for a person or entity to engage in the
4business of selling, leasing, or otherwise transferring
5firearms without a valid certificate of license issued under
6this Act. In the event that a person or entity maintains
7multiple licenses to engage in different lines of business
8requiring different licenses at one location, then the licenses
9shall be deemed one license for purposes of certification. In
10the event that a person or entity maintains multiple licenses
11to engage in business at multiple locations, under the same
12business name on the license or a different business name on
13the license, then each license and location must receive its
14own certification.
15 (b) It is unlawful for a person or entity without first
16being a certified licensee under this Act to act as if he or
17she is certified under this Act, to advertise, to assume to act
18as a certified licensee or to use a title implying that the
19person or entity is engaged in business as a certified licensee
20without a license certified under this Act.
21 (c) It is unlawful to obtain or attempt to obtain any
22certificate of license under this Act by material misstatement
23or fraudulent misrepresentation. Notwithstanding the
24provisions of Section 5-85, in addition to any penalty imposed
25under this Section, any certificate of license obtained under

SB0337 Enrolled- 4 -LRB100 05120 SMS 15130 b
1this Act due to material misstatement or fraudulent
2misrepresentation shall automatically be revoked.
3 (d) A person who violates any provision of this Section is
4guilty of a Class A misdemeanor for a first violation, and a
5Class 4 felony for a second or subsequent violation.
6 (e) In addition to any other penalty provided by law, any
7person or entity who violates any provision of this Section
8shall pay a civil penalty to the Department in an amount not to
9exceed $10,000 for each offense, as determined by the
10Department. The civil penalty shall be assessed by the
11Department after a hearing is held in accordance with Sections
125-95 and 5-100.
13 (f) The Department has the authority and power to
14investigate any and all unlicensed activity requiring a license
15certified under this Act.
16 (g) The civil penalty shall be paid within 90 days after
17the effective date of the order imposing the civil penalty. The
18order shall constitute a judgment and may be filed and
19execution had thereon in the same manner as any judgment from
20any court of record.
21 (h) In the event the certification of a certified licensee
22is revoked, it shall be a violation of this Act for the revoked
23licensee to seek certification of a license held under a
24different business name, or to re-open as a certified licensee
25under another business name using the same license or as the
26same person or entity doing business under a different business

SB0337 Enrolled- 5 -LRB100 05120 SMS 15130 b
1name.
2 (i) The Department shall require all of the following
3information from each applicant for certification under this
4Act:
5 (1) The name, full business address, and telephone
6 number of the entity. The business address for the entity
7 shall be the complete street address where firearms in the
8 inventory of the entity are regularly stored, shall be
9 located within the State, and may not be a Post Office Box.
10 (2) All trade, business, or assumed names used by the
11 certified licensee by and under which the certified
12 licensee sells, transfers, or facilitates transfers of
13 firearms.
14 (3) The type of ownership or operation, such as a
15 partnership, corporation, or sole proprietorship.
16 (4) The name of the owner or operator of the
17 dealership, including:
18 (A) if a person, then the name and address of
19 record of the person;
20 (B) if a partnership, then the name and address of
21 record of each partner and the name of the partnership;
22 (C) if a corporation, then the name, address of
23 record, and title of each corporate officer and each
24 owner of more than 5% of the corporation, the corporate
25 names by and which the certified licensee sells,
26 transfers, or facilitates transfers of firearms, and

SB0337 Enrolled- 6 -LRB100 05120 SMS 15130 b
1 the name of the state of incorporation; and
2 (D) if a sole proprietorship, then the full name
3 and address of record of the sole proprietor and the
4 name of the business entity.
5 Section 5-20. Additional licensee requirements.
6 (a) A certified licensee shall make a photo copy of a
7buyer's or transferee's valid photo identification card
8whenever a firearm sale transaction takes place. The photo copy
9shall be attached to the documentation detailing the record of
10sale.
11 (b) A certified licensee shall post in a conspicuous
12position on the premises where the licensee conducts business a
13sign that contains the following warning in block letters not
14less than one inch in height:
15 "With few exceptions enumerated in the Firearm Owners
16 Identification Card Act, it is unlawful for you to:
17 (A) store or leave an unsecured firearm in a place
18 where a child can obtain access to it;
19 (B) sell or transfer your firearm to someone else
20 without receiving approval for the transfer from the
21 Department of State Police, or
22 (C) fail to report the loss or theft of your
23 firearm to local law enforcement within 72 hours.".
24This sign shall be created by the Department and made available
25for printing or downloading from the Department's website.

SB0337 Enrolled- 7 -LRB100 05120 SMS 15130 b
1 (c) No retail location established after the effective date
2of this Act shall be located within 500 feet of any school,
3pre-school, or day care facility in existence at its location
4before the retail location is established as measured from the
5nearest corner of the building holding the retail location to
6the corner of the school, pre-school, or day care facility
7building nearest the retail location at the time the retail
8location seeks licensure.
9 Section 5-25. Exemptions.
10 The provisions of this Act related to the certification of
11a license do not apply to a person or entity that engages in
12the following activities:
13 (1) temporary transfers of firearms solely for use at
14 the location or on the premises where the transfer takes
15 place, such as transfers at a shooting range for use at
16 that location;
17 (2) temporary transfers of firearms solely for use
18 while in the presence of the transferor or transfers for
19 the purposes of firearm safety training by a firearms
20 safety training instructor;
21 (3) transfers of firearms among immediate family or
22 household members, as "immediate family or household
23 member" is defined in Section 3-2.7-10 of the Unified Code
24 of Corrections, provided that both the transferor and
25 transferee have a currently valid Firearm Owner's

SB0337 Enrolled- 8 -LRB100 05120 SMS 15130 b
1 Identification Card; however, this paragraph (3) does not
2 limit the familial gift exemption under paragraph (2) of
3 subsection (a-15) of Section 3 of the Firearm Owners
4 Identification Card Act;
5 (4) transfers by persons or entities acting under
6 operation of law or a court order;
7 (5) transfers by persons or entities liquidating all or
8 part of a collection. For purposes of this paragraph (5),
9 "collection" means 2 or more firearms which are of special
10 interest to collectors by reason of some quality other than
11 is associated with firearms intended for sporting use or as
12 offensive or defensive weapons;
13 (6) transfers of firearms that have been rendered
14 permanently inoperable to a nonprofit historical society,
15 museum, or institutional collection;
16 (7) transfers by a law enforcement or corrections
17 agency or a law enforcement or corrections officer acting
18 within the course and scope of his or her official duties;
19 (8) transfers to a State or local law enforcement
20 agency by a person who has his or her Firearm Owner's
21 Identification Card revoked;
22 (9) transfers of curios and relics, as defined under
23 federal law, between collectors licensed under subsection
24 (b) of Section 923 of the federal Gun Control Act of 1968;
25 (10) transfers by a person or entity licensed as an
26 auctioneer under the Auction License Act; or

SB0337 Enrolled- 9 -LRB100 05120 SMS 15130 b
1 (11) transfers between a pawnshop and a customer which
2 amount to a bailment. For purposes of this paragraph (11),
3 "bailment" means the act of placing property in the custody
4 and control of another, by agreement in which the holder is
5 responsible for the safekeeping and return of the property.
6 Section 5-30. Training of certified licensees. Any
7certified licensee and any employee of a certified licensee who
8sells or transfers firearms shall receive at least 2 hours of
9training annually regarding legal requirements and responsible
10business practices as applicable to the sale or transfer or
11firearms. The Department may adopt rules regarding continuing
12education for certified licensees related to legal
13requirements and responsible business practices regarding the
14sale or transfer of firearms.
15 Section 5-35. Inspection of licensees' places of business.
16Licensees shall have their places of business open for
17inspection by the Department and law enforcement during all
18hours of operation involving the selling, leasing, or otherwise
19transferring of firearms, provided that the Department or law
20enforcement may conduct no more than one unannounced inspection
21per business per year without good cause. During an inspection,
22licensees shall make all records, documents, and firearms
23accessible for inspection upon the request of the Department or
24law enforcement agency.

SB0337 Enrolled- 10 -LRB100 05120 SMS 15130 b
1 Section 5-40. Qualifications for operation.
2 (a) Each certified licensee shall submit with each
3application for certification or renewal an affidavit to the
4Department stating that each owner, employee, or other agent of
5the certified licensee who sells or conducts transfers of
6firearms for the certified licensee is at least 21 years of
7age, has a currently valid Firearm Owner's Identification Card
8and, for a renewal, has completed the training required under
9Section 5-30. The affidavit must also contain the name and
10Firearm Owner's Identification Card number of each owner,
11employee, or other agent who sells or conducts transfers of
12firearms for the certified licensee. If an owner, employee, or
13other agent of the certified licensee is not otherwise a
14resident of this State, the certified licensee shall submit an
15affidavit stating that the owner, employee, or other agent has
16undergone a background check and is not prohibited from owning
17or possessing firearms.
18 (b) In addition to the affidavit required under subsection
19(a), within 30 days of a new owner, employee, or other agent
20beginning selling or conducting transfers of firearms for the
21certified licensee, the certified licensee shall submit an
22affidavit to the Department stating the date that the new
23owner, employee, or other agent began selling or conducting
24transfers of firearms for the certified licensee, and providing
25the information required in subsection (a) for that new owner,

SB0337 Enrolled- 11 -LRB100 05120 SMS 15130 b
1employee, or other agent.
2 (c) If a certified licensee has a license, certificate, or
3permit to sell, lease, transfer, purchase, or possess firearms
4issued by the federal government or the government of any state
5revoked or suspended for good cause within the preceding 4
6years, the Department may consider revoking or suspending the
7certified licenses in this State. In making a determination of
8whether or not to revoke or suspend a certified license in this
9State, the Department shall consider the number of retail
10locations the certified licensee or any related person or
11entity operates in this State or in other states under the same
12or different business names, and the severity of the infraction
13in the state in which a license was revoked or suspended.
14 (d) Applications and affidavits required under this
15Section are not subject to disclosure by the Department under
16the Freedom of Information Act.
17 Section 5-45. Issuance of subpoenas. The Department may
18subpoena and bring before it any person or entity to take oral
19or written testimony or may compel the production of any books,
20papers, records, or any other documents that the Department
21deems directly relevant or material to an investigation or
22hearing conducted by the Department in the enforcement of this
23Act, with the same fees and in the same manner prescribed in
24civil cases in the courts of this State. The licensee may file
25an emergency motion with the Director or a hearing officer

SB0337 Enrolled- 12 -LRB100 05120 SMS 15130 b
1authorized by the Department to quash a subpoena issued by the
2Department. If the Director or hearing officer determines that
3the subpoena was issued without good cause, the Director or
4hearing officer may quash the subpoena.
5 Section 5-50. Security system.
6 (a) On or before January 2, 2021, each certified licensee
7operating a retail location in this State must maintain a video
8security system and shall maintain video surveillance of
9critical areas of the business premises, including, but not
10limited to, all places where firearms in inventory are stored,
11handled, sold, or transferred, and each entrance and exit. A
12video surveillance system of the certified licensee's retail
13location may not be installed in a bathroom and may not monitor
14inside the bathrooms located in the retail location. If a video
15security system is deemed inadequate by the Department, the
16licensee shall have 30 days to correct the inadequacy. The
17Department shall submit to the licensee a written statement
18describing the specific inadequacies.
19 (b) Each certified licensee operating a retail
20establishment in this State must post a sign in a conspicuous
21place at each entrance to the retail location that states in
22block letters not less than one inch in height: "THESE PREMISES
23ARE UNDER VIDEO SURVEILLANCE. YOUR IMAGE MAY BE RECORDED.".
24This sign shall be created by the Department and available for
25printing or downloading from the Department's website.

SB0337 Enrolled- 13 -LRB100 05120 SMS 15130 b
1 (c) On or before January 2, 2020, each certified licensee
2maintaining an inventory of firearms for sale or transfer must
3be connected to an alarm monitoring system or service that will
4notify its local law enforcement agency of an unauthorized
5intrusion into the premises of the licensee where the firearm
6inventory is maintained.
7 Section 5-55. Safe storage by certified licensees. In
8addition to adequate locks, exterior lighting, surveillance
9cameras, alarm systems, and other anti-theft measures and
10practices, a certified licensee maintaining a retail location
11shall develop a plan that addresses the safe storage of
12firearms and ammunition during retail hours and after closing.
13The certified licensee shall submit its safe storage plan to
14the Department and the plan shall be deemed approved unless it
15is rejected by the Department. The Department may reject the
16plan if it is inadequate, along with a written statement
17describing the specific inadequacies. The certified licensee
18shall submit a corrected plan to the Department within 60 days
19of notice of an inadequate plan. In the event there are still
20problems with the corrected plan, the Department shall note the
21specific inadequacies in writing and the certified licensee
22shall have 60 days from each notice of an inadequate plan to
23submit a corrected plan. The Department may reject the
24corrected plan if it is inadequate. A certified licensee may
25operate at all times that a plan is on file with the

SB0337 Enrolled- 14 -LRB100 05120 SMS 15130 b
1Department, and during times permitted by this Section to
2prepare and submit corrected plans. That any certified licensee
3has operated without an approved safe storage plan for more
4than 60 days shall be grounds for revocation of a certificate
5of license. The Department shall adopt rules regarding the
6adequacy of a safe storage plan. The rules shall take into
7account the various types and sizes of the entities involved,
8and shall comply with all relevant State and federal laws. Safe
9storage plans required under this Section are not subject to
10disclosure by the Department under the Freedom of Information
11Act.
12 Section 5-60. Statewide compliance standards. The
13Department shall develop and implement by rule statewide
14training standards for assisting certified licensees in
15recognizing indicators that would lead a reasonable dealer to
16refuse sale of a firearm, including, but not limited to,
17indicators of a straw purchase.
18 Section 5-65. Electronic-based recordkeeping. On or before
19January 2, 2020, each certified licensee operating a retail
20location shall implement an electronic-based record system to
21keep track of its changing inventory by updating the make,
22model, caliber or gauge, and serial number of each firearm that
23is received or sold by the certified licensee. Retail sales and
24purchases shall be recorded within 24 hours of the transaction.

SB0337 Enrolled- 15 -LRB100 05120 SMS 15130 b
1Shipments of firearms from manufacturers or wholesalers shall
2be recorded upon the earlier of five business days or with 24
3hours of the shipment being unpacked and the firearm placed in
4inventory. Each certified licensee shall maintain these
5records for a period of no less than the time period under 27
6CFR 478.129 or any subsequent law that regulates the retention
7of records.
8 Section 5-70. Fees and fines deposited in the Firearm
9Dealer License Certification Fund. The Department shall set
10and collect a fee for each licensee certifying under this Act.
11The fee may not exceed $300 for a certified licensee operating
12without a retail location. The fee may not exceed $1,500 for
13any certified licensee operating with a retail location. The
14Department may not charge a certified licensee in this State,
15operating under the same or different business name, fees
16exceeding $40,000 for the certification of multiple licenses.
17All fees and fines collected under this Act shall be deposited
18in the Firearm Dealer License Certification Fund which is
19created in the State treasury. Moneys in the Fund shall be used
20for implementation and administration of this Act.
21 Section 5-75. Term of license. Each certification shall be
22valid for the term of the license being certified. A licensee
23shall certify each new or renewed license. However, the
24Department is not required to renew a certification if a prior

SB0337 Enrolled- 16 -LRB100 05120 SMS 15130 b
1certification has been revoked or suspended.
2 Section 5-80. Retention of records. Each certified
3licensee shall keep, either in electronic form or hard copy,
4all acquisition and disposition records for a period of time no
5less than the time required under 27 CFR 478.129 or any
6subsequent law that regulates the retention of records. All
7video surveillance records, along with any sound recordings
8obtained from them, shall be kept for a period of not less than
990 days.
10 Section 5-85. Disciplinary sanctions.
11 (a) For violations of this Act not penalized under Section
125-15, the Department may refuse to renew or restore, or may
13reprimand, place on probation, suspend, revoke, or take other
14disciplinary or non-disciplinary action against any licensee,
15and may impose a fine commensurate with the severity of the
16violation not to exceed $10,000 for each violation for any of
17the following, consistent with the Protection of Lawful
18Commerce in Arms Act, 15 U.S.C. 7901 through 7903:
19 (1) Violations of this Act, or any law applicable to
20 the sale or transfer of firearms.
21 (2) A pattern of practice or other behavior which
22 demonstrates incapacity or incompetency to practice under
23 this Act.
24 (3) Aiding or assisting another person in violating any

SB0337 Enrolled- 17 -LRB100 05120 SMS 15130 b
1 provision of this Act or rules adopted under this Act.
2 (4) Failing, within 60 days, to provide information in
3 response to a written request made by the Department.
4 (5) Conviction of, plea of guilty to, or plea of nolo
5 contendere to any crime that disqualifies the person from
6 obtaining a valid Firearm Owner's Identification Card.
7 (6) Continued practice, although the person has become
8 unfit to practice due to any of the following:
9 (A) Any circumstance that disqualifies the person
10 from obtaining a valid Firearm Owner's Identification
11 Card or concealed carry license.
12 (B) Habitual or excessive use or abuse of drugs
13 defined in law as controlled substances, alcohol, or
14 any other substance that results in the inability to
15 practice with reasonable judgment, skill, or safety.
16 (7) Receiving, directly or indirectly, compensation
17 for any firearms sold or transferred illegally.
18 (8) Discipline by another United States jurisdiction,
19 foreign nation, or governmental agency, if at least one of
20 the grounds for the discipline is the same or substantially
21 equivalent to those set forth in this Act.
22 (9) Violation of any disciplinary order imposed on a
23 licensee by the Department.
24 (10) A finding by the Department that the licensee,
25 after having his or her certified license placed on
26 probationary status, has violated the terms of probation.

SB0337 Enrolled- 18 -LRB100 05120 SMS 15130 b
1 (11) A fraudulent or material misstatement in the
2 completion of an affirmative obligation or inquiry by law
3 enforcement.
4 (b) All fines imposed under this Section shall be paid
5within 90 days after the effective date of the final order
6imposing the fine.
7 Section 5-90. Statute of limitations. No action may be
8taken under this Act against a person or entity certified under
9this Act unless the action is commenced within 5 years after
10the occurrence of the alleged violations. A continuing
11violation shall be deemed to have occurred on the date when the
12circumstances last existed that give rise to the alleged
13violation.
14 Section 5-95. Complaints; investigations; hearings.
15 (a) The Department may investigate the actions of any
16applicant or of any person or persons holding or claiming to
17hold a license or registration under this Act.
18 (b) The Department shall, before disciplining a licensee
19under Section 5-85 or refusing to issue a certificate of
20license, at least 30 days before the date set for the hearing,
21(i) notify the accused in writing of the charges made and the
22time and place for the hearing on the charges, (ii) direct him
23or her to file a written answer to the charges under oath
24within 20 days after service, and (iii) inform the licensee

SB0337 Enrolled- 19 -LRB100 05120 SMS 15130 b
1that failure to answer will result in a default being entered
2against the licensee.
3 (c) At the time and place fixed in the notice, the Director
4or the hearing officer appointed by the Director shall proceed
5to hear the charges, and the parties or their counsel shall be
6accorded ample opportunity to present any pertinent
7statements, testimony, evidence, and arguments. The Director
8or hearing officer may continue the hearing from time to time.
9In case the person, after receiving the notice, fails to file
10an answer, his, her, or its license may, in the discretion of
11the Director, having first received the recommendation of the
12Director, be suspended, revoked, or placed on probationary
13status, or be subject to whatever disciplinary action the
14Director considers proper, including limiting the scope,
15nature, or extent of the person's business, or the imposition
16of a fine, without hearing, if the act or acts charged
17constitute sufficient grounds for that action under this Act.
18 (d) The written notice and any notice in the subsequent
19proceeding may be served by certified mail to the licensee's
20address of record.
21 (e) The Director has the authority to appoint any attorney
22licensed to practice law in this State to serve as the hearing
23officer in any action for refusal to issue, restore, or renew a
24license, or to discipline a licensee. The hearing officer has
25full authority to conduct the hearing.

SB0337 Enrolled- 20 -LRB100 05120 SMS 15130 b
1 Section 5-100. Hearing; rehearing.
2 (a) The Director or the hearing officer authorized by the
3Department shall hear evidence in support of the formal charges
4and evidence produced by the licensee. At the conclusion of the
5hearing, the Director shall prepare a written report of his or
6her findings of fact, conclusions of law, and recommendations.
7The report shall contain a finding of whether the accused
8person violated this Act or failed to comply with the
9conditions required in this Act.
10 (b) At the conclusion of the hearing, a copy of the
11Director's or hearing officer's report shall be served upon the
12licensee by the Department, either personally or as provided in
13this Act, for the service of a notice of hearing. Within 20
14calendar days after service, the licensee may present to the
15Department a motion in writing for a rehearing, which shall
16specify the particular grounds for rehearing. The Department
17may respond to the motion for rehearing within 20 calendar days
18after its service on the Department. If no motion for rehearing
19is filed, then upon the expiration of the time specified for
20filing such a motion, or upon denial of a motion for rehearing,
21the Director may enter an order in accordance with his or her
22recommendations or the recommendations of the hearing officer.
23If the licensee orders from the reporting service and pays for
24a transcript of the record within the time for filing a motion
25for rehearing, the 20-day period within which a motion may be
26filed shall commence upon the delivery of the transcript to the

SB0337 Enrolled- 21 -LRB100 05120 SMS 15130 b
1licensee.
2 (c) All proceedings under this Section are matters of
3public record and shall be preserved.
4 (d) The licensee may continue to operate during the course
5of an investigation or hearing, unless the Director finds that
6the public interest, safety, or welfare requires an emergency
7action.
8 (e) Upon the suspension or revocation of a certificate of
9license, the licensee shall surrender the certificate to the
10Department and, upon failure to do so, the Department shall
11seize the same. However, when the certification of a certified
12licensee is suspended, the certified licensee shall not operate
13as a certified licensee during the period in which the
14certificate is suspended and, if operating during that period,
15shall be operating in violation of subsection (a) of Section
165-15 of this Act. A person who violates this Section is guilty
17of a Class A misdemeanor for a first violation, and a Class 4
18felony for a second or subsequent violation. In addition to any
19other penalty provided by law, any person or entity who
20violates this Section shall pay a civil penalty to the
21Department in an amount not to exceed $2,500 for the first
22violation, and a fine not to exceed $5,000 for a second or
23subsequent violation.
24 Section 5-105. Restoration of certificate of license after
25disciplinary proceedings. At any time after the successful

SB0337 Enrolled- 22 -LRB100 05120 SMS 15130 b
1completion of a term of probation, suspension, or revocation of
2a certificate of license, the Department may restore it to the
3licensee, unless, after an investigation and a hearing, the
4Director determines that restoration is not in the public
5interest. No person or entity whose certificate of license,
6card, or authority has been revoked as authorized in this Act
7may apply for restoration of that certificate of license, card,
8or authority until such time as provided for in the Civil
9Administrative Code of Illinois.
10 Section 5-110. Administrative review. All final
11administrative decisions of the Department are subject to
12judicial review under Article III of the Code of Civil
13Procedure. The term "administrative decision" is defined as in
14Section 3-101 of the Code of Civil Procedure. The proceedings
15for judicial review shall be commenced in the circuit court of
16the county in which the party applying for review resides, but
17if the party is not a resident of this State, the venue shall
18be in Sangamon County. The Department shall not be required to
19certify any record to the court, or file any answer in court,
20or otherwise appear in any court in a judicial review
21proceeding, unless, and until, the Department has received from
22the plaintiff payment of the costs of furnishing and certifying
23the record, which costs shall be determined by the Department.
24Exhibits shall be certified without cost. Failure on the part
25of the applicant or licensee to file a receipt in court is

SB0337 Enrolled- 23 -LRB100 05120 SMS 15130 b
1grounds for dismissal of the action.
2 Section 5-115. Prima facie proof.
3 (a) An order or a certified copy thereof, over the seal of
4the Department and purporting to be signed by the Director, is
5prima facie proof that the signature is that of the Director,
6and the Director is qualified to act.
7 (b) A certified copy of a record of the Department shall,
8without further proof, be admitted into evidence in any legal
9proceeding, and shall be prima facie correct and prima facie
10evidence of the information contained therein.
11 Section 5-120. Federal agencies and investigations.
12Nothing in this Act shall be construed to interfere with any
13federal agency or any federal agency investigation. All
14Department rules adopted under this Act shall comply with
15federal law. The Department may as necessary coordinate efforts
16with relevant State and federal law enforcement agencies to
17enforce this Act.
18
ARTICLE 10. GUN TRAFFICKING INFORMATION ACT
19 Section 10-1. Short title. This Article 5 may be cited as
20the Gun Trafficking Information Act. References in this Article
21to "this Act" mean this Article.

SB0337 Enrolled- 24 -LRB100 05120 SMS 15130 b
1 Section 10-5. Gun trafficking information.
2 (a) The Department of State Police shall use all reasonable
3efforts in making publicly available, on a regular and ongoing
4basis, key information related to firearms used in the
5commission of crimes in this State, including, but not limited
6to: reports on crimes committed with firearms, locations where
7the crimes occurred, the number of persons killed or injured in
8the commission of the crimes, the state where the firearms used
9originated, the Federal Firearms Licensee that sold the
10firearm, and the type of firearms used. The Department shall
11make the information available on its website, in addition to
12electronically filing a report with the Governor and the
13General Assembly. The report to the General Assembly shall be
14filed with the Clerk of the House of Representatives and the
15Secretary of the Senate in electronic form only, in the manner
16that the Clerk and the Secretary shall direct.
17 (b) The Department shall study, on a regular and ongoing
18basis, and compile reports on the number of Firearm Owner's
19Identification Card checks to determine firearms trafficking
20or straw purchase patterns. The Department shall, to the extent
21not inconsistent with law, share such reports and underlying
22data with academic centers, foundations, and law enforcement
23agencies studying firearms trafficking, provided that
24personally identifying information is protected. For purposes
25of this subsection (b), a Firearm Owner's Identification Card
26number is not personally identifying information, provided

SB0337 Enrolled- 25 -LRB100 05120 SMS 15130 b
1that no other personal information of the card holder is
2attached to the record. The Department may create and attach an
3alternate unique identifying number to each Firearm Owner's
4Identification Card number, instead of releasing the Firearm
5Owner's Identification Card number itself.
6 (c) Each department, office, division, and agency of this
7State shall, to the extent not inconsistent with law, cooperate
8fully with the Department and furnish the Department with all
9relevant information and assistance on a timely basis as is
10necessary to accomplish the purpose of this Act. The Illinois
11Criminal Justice Information Authority shall submit the
12information required in subsection (a) of this Section to the
13Department of State Police, and any other information as the
14Department may request, to assist the Department in carrying
15out its duties under this Act.
16
ARTICLE 15. AMENDATORY PROVISIONS
17 Section 15-3. The State Finance Act is amended by adding
18Section 5.886 as follows:
19 (30 ILCS 105/5.886 new)
20 Sec. 5.886. The Firearm Dealer License Certification Fund.
21 Section 15-5. The Firearm Owners Identification Card Act is
22amended by changing Section 3 as follows:

SB0337 Enrolled- 26 -LRB100 05120 SMS 15130 b
1 (430 ILCS 65/3) (from Ch. 38, par. 83-3)
2 Sec. 3. (a) Except as provided in Section 3a, no person may
3knowingly transfer, or cause to be transferred, any firearm,
4firearm ammunition, stun gun, or taser to any person within
5this State unless the transferee with whom he deals displays
6either: (1) a currently valid Firearm Owner's Identification
7Card which has previously been issued in his or her name by the
8Department of State Police under the provisions of this Act; or
9(2) a currently valid license to carry a concealed firearm
10which has previously been issued in his or her name by the
11Department of State Police under the Firearm Concealed Carry
12Act. In addition, all firearm, stun gun, and taser transfers by
13federally licensed firearm dealers are subject to Section 3.1.
14 (a-5) Any person who is not a federally licensed firearm
15dealer and who desires to transfer or sell a firearm while that
16person is on the grounds of a gun show must, before selling or
17transferring the firearm, request the Department of State
18Police to conduct a background check on the prospective
19recipient of the firearm in accordance with Section 3.1.
20 (a-10) Notwithstanding item (2) of subsection (a) of this
21Section, any person who is not a federally licensed firearm
22dealer and who desires to transfer or sell a firearm or
23firearms to any person who is not a federally licensed firearm
24dealer shall, before selling or transferring the firearms,
25contact the Department of State Police with the transferee's or

SB0337 Enrolled- 27 -LRB100 05120 SMS 15130 b
1purchaser's Firearm Owner's Identification Card number to
2determine the validity of the transferee's or purchaser's
3Firearm Owner's Identification Card. This subsection shall not
4be effective until January 1, 2014. The Department of State
5Police may adopt rules concerning the implementation of this
6subsection. The Department of State Police shall provide the
7seller or transferor an approval number if the purchaser's
8Firearm Owner's Identification Card is valid. Approvals issued
9by the Department for the purchase of a firearm pursuant to
10this subsection are valid for 30 days from the date of issue.
11 (a-15) The provisions of subsection (a-10) of this Section
12do not apply to:
13 (1) transfers that occur at the place of business of a
14 federally licensed firearm dealer, if the federally
15 licensed firearm dealer conducts a background check on the
16 prospective recipient of the firearm in accordance with
17 Section 3.1 of this Act and follows all other applicable
18 federal, State, and local laws as if he or she were the
19 seller or transferor of the firearm, although the dealer is
20 not required to accept the firearm into his or her
21 inventory. The purchaser or transferee may be required by
22 the federally licensed firearm dealer to pay a fee not to
23 exceed $10 per firearm, which the dealer may retain as
24 compensation for performing the functions required under
25 this paragraph, plus the applicable fees authorized by
26 Section 3.1;

SB0337 Enrolled- 28 -LRB100 05120 SMS 15130 b
1 (2) transfers as a bona fide gift to the transferor's
2 husband, wife, son, daughter, stepson, stepdaughter,
3 father, mother, stepfather, stepmother, brother, sister,
4 nephew, niece, uncle, aunt, grandfather, grandmother,
5 grandson, granddaughter, father-in-law, mother-in-law,
6 son-in-law, or daughter-in-law;
7 (3) transfers by persons acting pursuant to operation
8 of law or a court order;
9 (4) transfers on the grounds of a gun show under
10 subsection (a-5) of this Section;
11 (5) the delivery of a firearm by its owner to a
12 gunsmith for service or repair, the return of the firearm
13 to its owner by the gunsmith, or the delivery of a firearm
14 by a gunsmith to a federally licensed firearms dealer for
15 service or repair and the return of the firearm to the
16 gunsmith;
17 (6) temporary transfers that occur while in the home of
18 the unlicensed transferee, if the unlicensed transferee is
19 not otherwise prohibited from possessing firearms and the
20 unlicensed transferee reasonably believes that possession
21 of the firearm is necessary to prevent imminent death or
22 great bodily harm to the unlicensed transferee;
23 (7) transfers to a law enforcement or corrections
24 agency or a law enforcement or corrections officer acting
25 within the course and scope of his or her official duties;
26 (8) transfers of firearms that have been rendered

SB0337 Enrolled- 29 -LRB100 05120 SMS 15130 b
1 permanently inoperable to a nonprofit historical society,
2 museum, or institutional collection; and
3 (9) transfers to a person who is exempt from the
4 requirement of possessing a Firearm Owner's Identification
5 Card under Section 2 of this Act.
6 (a-20) The Department of State Police shall develop an
7Internet-based system for individuals to determine the
8validity of a Firearm Owner's Identification Card prior to the
9sale or transfer of a firearm. The Department shall have the
10Internet-based system completed and available for use by July
111, 2015. The Department shall adopt rules not inconsistent with
12this Section to implement this system.
13 (b) Any person within this State who transfers or causes to
14be transferred any firearm, stun gun, or taser shall keep a
15record of such transfer for a period of 10 years from the date
16of transfer. Such record shall contain the date of the
17transfer; the description, serial number or other information
18identifying the firearm, stun gun, or taser if no serial number
19is available; and, if the transfer was completed within this
20State, the transferee's Firearm Owner's Identification Card
21number and any approval number or documentation provided by the
22Department of State Police pursuant to subsection (a-10) of
23this Section; if the transfer was not completed within this
24State, the record shall contain the name and address of the
25transferee. On or after January 1, 2006, the record shall
26contain the date of application for transfer of the firearm. On

SB0337 Enrolled- 30 -LRB100 05120 SMS 15130 b
1demand of a peace officer such transferor shall produce for
2inspection such record of transfer. If the transfer or sale
3took place at a gun show, the record shall include the unique
4identification number. Failure to record the unique
5identification number or approval number is a petty offense.
6For transfers of a firearm, stun gun, or taser made on or after
7the effective date of this amendatory Act of the 100th General
8Assembly, failure by the private seller to maintain the
9transfer records in accordance with this Section is a Class A
10misdemeanor for the first offense and a Class 4 felony for a
11second or subsequent offense. A transferee shall not be
12criminally liable under this Section provided that he or she
13provides the Department of State Police with the transfer
14records in accordance with procedures established by the
15Department. The Department shall establish, by rule, a standard
16form on its website.
17 (b-5) Any resident may purchase ammunition from a person
18within or outside of Illinois if shipment is by United States
19mail or by a private express carrier authorized by federal law
20to ship ammunition. Any resident purchasing ammunition within
21or outside the State of Illinois must provide the seller with a
22copy of his or her valid Firearm Owner's Identification Card or
23valid concealed carry license and either his or her Illinois
24driver's license or Illinois State Identification Card prior to
25the shipment of the ammunition. The ammunition may be shipped
26only to an address on either of those 2 documents.

SB0337 Enrolled- 31 -LRB100 05120 SMS 15130 b
1 (c) The provisions of this Section regarding the transfer
2of firearm ammunition shall not apply to those persons
3specified in paragraph (b) of Section 2 of this Act.
4(Source: P.A. 98-508, eff. 8-19-13; 99-29, eff. 7-10-15.)
5
ARTICLE 20. SEVERABILITY
feedback