| ||||||||||||||||||||
| ||||||||||||||||||||
| ||||||||||||||||||||
| 1 | AN ACT concerning safety. | |||||||||||||||||||
| 2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||
| 3 | represented in the General Assembly: | |||||||||||||||||||
| 4 | Section 5. The Firearm Owners Identification Card Act is | |||||||||||||||||||
| 5 | amended by changing Section 3 as follows: | |||||||||||||||||||
| 6 | (430 ILCS 65/3) (from Ch. 38, par. 83-3) | |||||||||||||||||||
| 7 | Sec. 3. (a) Except as provided in Section 3a, no person may | |||||||||||||||||||
| 8 | knowingly transfer, or cause to be transferred, any firearm, | |||||||||||||||||||
| 9 | firearm ammunition, stun gun, or taser to any person within | |||||||||||||||||||
| 10 | this State unless the transferee with whom he deals displays | |||||||||||||||||||
| 11 | either: (1) a currently valid Firearm Owner's Identification | |||||||||||||||||||
| 12 | Card which has previously been issued in his or her name by the | |||||||||||||||||||
| 13 | Illinois State Police under the provisions of this Act; or (2) | |||||||||||||||||||
| 14 | a currently valid license to carry a concealed firearm which | |||||||||||||||||||
| 15 | has previously been issued in his or her name by the Illinois | |||||||||||||||||||
| 16 | State Police under the Firearm Concealed Carry Act. In | |||||||||||||||||||
| 17 | addition, all firearm, stun gun, and taser transfers by | |||||||||||||||||||
| 18 | federally licensed firearm dealers are subject to Section 3.1 | |||||||||||||||||||
| 19 | and beginning January 1, 2027, the federally licensed firearm | |||||||||||||||||||
| 20 | dealers shall check the Illinois State Police Internet-based | |||||||||||||||||||
| 21 | system upon which the serial numbers of firearms that have | |||||||||||||||||||
| 22 | been reported stolen are available for public access for | |||||||||||||||||||
| 23 | individuals to ensure any firearms are not reported stolen | |||||||||||||||||||
| |||||||
| |||||||
| 1 | prior to the sale or transfer of a firearm under subsection | ||||||
| 2 | (a-25) of this Section. New firearms shipped directly from the | ||||||
| 3 | manufacturer are exempt from this provision. | ||||||
| 4 | (a-5) Any person who is not a federally licensed firearm | ||||||
| 5 | dealer and who desires to transfer or sell a firearm while that | ||||||
| 6 | person is on the grounds of a gun show must, before selling or | ||||||
| 7 | transferring the firearm, request the Illinois State Police to | ||||||
| 8 | conduct a background check on the prospective recipient of the | ||||||
| 9 | firearm in accordance with Section 3.1 and beginning January | ||||||
| 10 | 1, 2027, the person who is not a federally licensed firearm | ||||||
| 11 | dealer shall check the Illinois State Police Internet-based | ||||||
| 12 | system upon which the serial numbers of firearms that have | ||||||
| 13 | been reported stolen are available for public access for | ||||||
| 14 | individuals to ensure any firearms are not reported stolen | ||||||
| 15 | prior to the sale or transfer of a firearm under subsection | ||||||
| 16 | {a-25} of this Section. New firearms shipped directly from the | ||||||
| 17 | manufacturer are exempt from this provision. | ||||||
| 18 | (a-10) Notwithstanding item (2) of subsection (a) of this | ||||||
| 19 | Section, any person who is not a federally licensed firearm | ||||||
| 20 | dealer and who desires to transfer or sell a firearm or | ||||||
| 21 | firearms to any person who is not a federally licensed firearm | ||||||
| 22 | dealer shall, before selling or transferring the firearms, | ||||||
| 23 | contact a federal firearm license dealer under paragraph (1) | ||||||
| 24 | of subsection (a-15) of this Section to conduct the transfer | ||||||
| 25 | or the Illinois State Police with the transferee's or | ||||||
| 26 | purchaser's Firearm Owner's Identification Card number to | ||||||
| |||||||
| |||||||
| 1 | determine the validity of the transferee's or purchaser's | ||||||
| 2 | Firearm Owner's Identification Card under State and federal | ||||||
| 3 | law, including the National Instant Criminal Background Check | ||||||
| 4 | System. This subsection shall not be effective until July 1, | ||||||
| 5 | 2023. Until that date the transferor shall contact the | ||||||
| 6 | Illinois State Police with the transferee's or purchaser's | ||||||
| 7 | Firearm Owner's Identification Card number to determine the | ||||||
| 8 | validity of the card. The Illinois State Police may adopt | ||||||
| 9 | rules concerning the implementation of this subsection. The | ||||||
| 10 | Illinois State Police shall provide the seller or transferor | ||||||
| 11 | an approval number if the purchaser's Firearm Owner's | ||||||
| 12 | Identification Card is valid. Approvals issued by the Illinois | ||||||
| 13 | State Police for the purchase of a firearm pursuant to this | ||||||
| 14 | subsection are valid for 30 days from the date of issue. | ||||||
| 15 | (a-15) The provisions of subsection (a-10) of this Section | ||||||
| 16 | do not apply to: | ||||||
| 17 | (1) transfers that occur at the place of business of a | ||||||
| 18 | federally licensed firearm dealer, if the federally | ||||||
| 19 | licensed firearm dealer conducts a background check on the | ||||||
| 20 | prospective recipient of the firearm in accordance with | ||||||
| 21 | Section 3.1 of this Act and follows all other applicable | ||||||
| 22 | federal, State, and local laws as if he or she were the | ||||||
| 23 | seller or transferor of the firearm, although the dealer | ||||||
| 24 | is not required to accept the firearm into his or her | ||||||
| 25 | inventory. The purchaser or transferee may be required by | ||||||
| 26 | the federally licensed firearm dealer to pay a fee not to | ||||||
| |||||||
| |||||||
| 1 | exceed $25 per firearm, which the dealer may retain as | ||||||
| 2 | compensation for performing the functions required under | ||||||
| 3 | this paragraph, plus the applicable fees authorized by | ||||||
| 4 | Section 3.1; | ||||||
| 5 | (2) transfers as a bona fide gift to the transferor's | ||||||
| 6 | husband, wife, son, daughter, stepson, stepdaughter, | ||||||
| 7 | father, mother, stepfather, stepmother, brother, sister, | ||||||
| 8 | nephew, niece, uncle, aunt, grandfather, grandmother, | ||||||
| 9 | grandson, granddaughter, father-in-law, mother-in-law, | ||||||
| 10 | son-in-law, or daughter-in-law; | ||||||
| 11 | (3) transfers by persons acting pursuant to operation | ||||||
| 12 | of law or a court order; | ||||||
| 13 | (4) transfers on the grounds of a gun show under | ||||||
| 14 | subsection (a-5) of this Section; | ||||||
| 15 | (5) the delivery of a firearm by its owner to a | ||||||
| 16 | gunsmith for service or repair, the return of the firearm | ||||||
| 17 | to its owner by the gunsmith, or the delivery of a firearm | ||||||
| 18 | by a gunsmith to a federally licensed firearms dealer for | ||||||
| 19 | service or repair and the return of the firearm to the | ||||||
| 20 | gunsmith; | ||||||
| 21 | (6) temporary transfers that occur while in the home | ||||||
| 22 | of the unlicensed transferee, if the unlicensed transferee | ||||||
| 23 | is not otherwise prohibited from possessing firearms and | ||||||
| 24 | the unlicensed transferee reasonably believes that | ||||||
| 25 | possession of the firearm is necessary to prevent imminent | ||||||
| 26 | death or great bodily harm to the unlicensed transferee; | ||||||
| |||||||
| |||||||
| 1 | (7) transfers to a law enforcement or corrections | ||||||
| 2 | agency or a law enforcement or corrections officer acting | ||||||
| 3 | within the course and scope of his or her official duties; | ||||||
| 4 | (8) transfers of firearms that have been rendered | ||||||
| 5 | permanently inoperable to a nonprofit historical society, | ||||||
| 6 | museum, or institutional collection; and | ||||||
| 7 | (9) transfers to a person who is exempt from the | ||||||
| 8 | requirement of possessing a Firearm Owner's Identification | ||||||
| 9 | Card under Section 2 of this Act. | ||||||
| 10 | (a-20) The Illinois State Police shall develop an | ||||||
| 11 | Internet-based system for individuals to determine the | ||||||
| 12 | validity of a Firearm Owner's Identification Card prior to the | ||||||
| 13 | sale or transfer of a firearm. The Illinois State Police shall | ||||||
| 14 | have the Internet-based system updated and available for use | ||||||
| 15 | by January 1, 2024. The Illinois State Police shall adopt | ||||||
| 16 | rules not inconsistent with this Section to implement this | ||||||
| 17 | system; but no rule shall allow the Illinois State Police to | ||||||
| 18 | retain records in contravention of State and federal law. On | ||||||
| 19 | or before January 1, 2027, the Internet-based system shall | ||||||
| 20 | include a written notice, in both English and Spanish, of a | ||||||
| 21 | firearm owner's obligation to report to local law enforcement | ||||||
| 22 | any lost or stolen firearm within 48 hours after the owner | ||||||
| 23 | first discovers the loss or theft. | ||||||
| 24 | (a-25) On or before January 1, 2022, the Illinois State | ||||||
| 25 | Police shall develop an Internet-based system upon which the | ||||||
| 26 | serial numbers of firearms that have been reported stolen are | ||||||
| |||||||
| |||||||
| 1 | available for public access for individuals to ensure any | ||||||
| 2 | firearms are not reported stolen prior to the sale or transfer | ||||||
| 3 | of a firearm under this Section. The Illinois State Police | ||||||
| 4 | shall have the Internet-based system completed and available | ||||||
| 5 | for use by July 1, 2022. The Illinois State Police shall adopt | ||||||
| 6 | rules not inconsistent with this Section to implement this | ||||||
| 7 | system. On or before January 1, 2027, the Illinois State | ||||||
| 8 | Police shall make the Internet-based system created under this | ||||||
| 9 | subsection accessible to federally licensed firearms dealers | ||||||
| 10 | to verify that the make, model, and serial numbers of firearms | ||||||
| 11 | that are being bought, sold, or transferred by the dealers | ||||||
| 12 | have not been reported stolen and shall also provide a receipt | ||||||
| 13 | or approval number to a transferor or federally licensed | ||||||
| 14 | firearms dealer as verification that the firearm being | ||||||
| 15 | transferred did not appear on the stolen firearm database. | ||||||
| 16 | (a-30) On or before January 1, 2027, the Illinois State | ||||||
| 17 | Police shall establish an electronic mechanism by which law | ||||||
| 18 | enforcement shall report individuals who have failed to report | ||||||
| 19 | the loss or theft of a firearm pursuant to Section 24-4.1 of | ||||||
| 20 | the Criminal Code of 2012. | ||||||
| 21 | (b) Any person within this State who transfers or causes | ||||||
| 22 | to be transferred any firearm, stun gun, or taser shall keep a | ||||||
| 23 | record of such transfer for a period of 10 years from the date | ||||||
| 24 | of transfer. Any person within this State who receives any | ||||||
| 25 | firearm, stun gun, or taser pursuant to subsection (a-10) | ||||||
| 26 | shall provide a record of the transfer within 10 days of the | ||||||
| |||||||
| |||||||
| 1 | transfer to a federally licensed firearm dealer and shall not | ||||||
| 2 | be required to maintain a transfer record. The federally | ||||||
| 3 | licensed firearm dealer shall maintain the transfer record for | ||||||
| 4 | 20 years from the date of receipt. A federally licensed | ||||||
| 5 | firearm dealer may charge a fee not to exceed $25 to retain the | ||||||
| 6 | record. The record shall be provided and maintained in either | ||||||
| 7 | an electronic or paper format. The federally licensed firearm | ||||||
| 8 | dealer shall not be liable for the accuracy of any information | ||||||
| 9 | in the transfer record submitted pursuant to this Section. | ||||||
| 10 | Such records shall contain the date of the transfer; the | ||||||
| 11 | description, serial number or other information identifying | ||||||
| 12 | the firearm, stun gun, or taser if no serial number is | ||||||
| 13 | available; and, if the transfer was completed within this | ||||||
| 14 | State, the transferee's Firearm Owner's Identification Card | ||||||
| 15 | number and any approval number or documentation provided by | ||||||
| 16 | the Illinois State Police pursuant to subsection (a-10) of | ||||||
| 17 | this Section; if the transfer was not completed within this | ||||||
| 18 | State, the record shall contain the name and address of the | ||||||
| 19 | transferee. On or after January 1, 2006, the record shall | ||||||
| 20 | contain the date of application for transfer of the firearm. | ||||||
| 21 | On demand of a peace officer such transferor shall produce for | ||||||
| 22 | inspection such record of transfer. For any transfer pursuant | ||||||
| 23 | to subsection (a-10) of this Section, on the demand of a peace | ||||||
| 24 | officer, such transferee shall identify the federally licensed | ||||||
| 25 | firearm dealer maintaining the transfer record. If the | ||||||
| 26 | transfer or sale took place at a gun show, the record shall | ||||||
| |||||||
| |||||||
| 1 | include the unique identification number. Failure to record | ||||||
| 2 | the unique identification number or approval number is a petty | ||||||
| 3 | offense. For transfers of a firearm, stun gun, or taser made on | ||||||
| 4 | or after January 18, 2019 (the effective date of Public Act | ||||||
| 5 | 100-1178), failure by the private seller to maintain the | ||||||
| 6 | transfer records in accordance with this Section, or failure | ||||||
| 7 | by a transferee pursuant to subsection a-10 of this Section to | ||||||
| 8 | identify the federally licensed firearm dealer maintaining the | ||||||
| 9 | transfer record, is a Class A misdemeanor for the first | ||||||
| 10 | offense and a Class 4 felony for a second or subsequent offense | ||||||
| 11 | occurring within 10 years of the first offense and the second | ||||||
| 12 | offense was committed after conviction of the first offense. | ||||||
| 13 | Whenever any person who has not previously been convicted of | ||||||
| 14 | any violation of subsection (a-5), the court may grant | ||||||
| 15 | supervision pursuant to and consistent with the limitations of | ||||||
| 16 | Section 5-6-1 of the Unified Code of Corrections. A transferee | ||||||
| 17 | or transferor shall not be criminally liable under this | ||||||
| 18 | Section provided that he or she provides the Illinois State | ||||||
| 19 | Police with the transfer records in accordance with procedures | ||||||
| 20 | established by the Illinois State Police. The Illinois State | ||||||
| 21 | Police shall establish, by rule, a standard form on its | ||||||
| 22 | website. | ||||||
| 23 | (b-5) Any resident may purchase ammunition from a person | ||||||
| 24 | within or outside of Illinois if shipment is by United States | ||||||
| 25 | mail or by a private express carrier authorized by federal law | ||||||
| 26 | to ship ammunition. Any resident purchasing ammunition within | ||||||
| |||||||
| |||||||
| 1 | or outside the State of Illinois must provide the seller with a | ||||||
| 2 | copy of his or her valid Firearm Owner's Identification Card | ||||||
| 3 | or valid concealed carry license and either his or her | ||||||
| 4 | Illinois driver's license or Illinois State Identification | ||||||
| 5 | Card prior to the shipment of the ammunition. The ammunition | ||||||
| 6 | may be shipped only to an address on either of those 2 | ||||||
| 7 | documents. | ||||||
| 8 | (b-10) Any person who is a registered participant of a | ||||||
| 9 | competitive shooting event that is sanctioned by a national | ||||||
| 10 | governing body and held at the World Shooting Complex in the | ||||||
| 11 | City of Sparta and who is not prohibited by the laws of | ||||||
| 12 | Illinois, the state of his or her domicile, or the United | ||||||
| 13 | States from obtaining, possessing, or using a firearm may | ||||||
| 14 | purchase or obtain ammunition for a handgun, rifle, shotgun, | ||||||
| 15 | or other long gun at the competitive shooting event. | ||||||
| 16 | (c) The provisions of this Section regarding the transfer | ||||||
| 17 | of firearm ammunition shall not apply to those persons | ||||||
| 18 | specified in paragraph (b) of Section 2 of this Act. | ||||||
| 19 | (Source: P.A. 104-31, eff. 1-1-26.) | ||||||