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91_HB0224
LRB9100566RCksA
1 AN ACT in relation to firearms, amending a named Act.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 ARTICLE 1. FIREARMS DEALER LICENSING LAW.
5 Section 1-1. Short title. This Article may be cited as
6 the Firearms Dealer Licensing Law, and references in this
7 Article to "this Act" mean this Article.
8 Section 1-5. Definitions. As used in this Act:
9 "Department" means the Department of State Police.
10 "Firearms dealer" means any person who is: (i) engaged in
11 the business of selling firearms at wholesale or retail, (ii)
12 engaged in the business of repairing firearms or of making or
13 fitting special barrels, stocks, or trigger mechanisms to
14 firearms, or (iii) a pawnbroker whose business or occupation
15 includes the taking or receiving, by way of pledge or pawn,
16 of any firearm as security for the payment or repayment of
17 money.
18 "Licensed dealer" means any firearms dealer who is
19 licensed under both this Act and Section 923 of the federal
20 Gun Control Act of 1968 (18 U.S.C. 923).
21 "Person" means an individual, firm, association, society,
22 partnership, limited liability company, corporation, or other
23 entity.
24 "Crime punishable by imprisonment for a term exceeding
25 one year" does not include:
26 (i) any federal or state offenses pertaining to
27 antitrust violations, unfair trade practices, restraints
28 of trade, or other similar offenses relating to the
29 regulation of business practices, or
30 (ii) any state offense classified by the laws of the
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1 state as a misdemeanor and punishable by a term of
2 imprisonment of 2 years or less.
3 What constitutes a conviction of a crime punishable by
4 imprisonment for a term exceeding one year is determined in
5 accordance with the law of the jurisdiction in which the
6 proceedings were held. Any conviction that has been
7 expunged, set aside, or for which a person has been pardoned
8 or has had civil rights restored is not considered a
9 conviction for purposes of this Act unless the pardon,
10 expungement, or restoration of civil rights expressly
11 provides that the person may not possess or receive firearms.
12 "Engaged in the business" means a person who devotes
13 time, attention, and labor to engaging in the activity as a
14 regular course of trade or business with the principal
15 objective of livelihood and profit, but does not include a
16 person who makes occasional repairs of firearms, or who
17 occasionally fits special barrels, stocks, or trigger
18 mechanisms to firearms.
19 "With the principal objective of livelihood and profit"
20 means that the intent underlying the sale or disposition of
21 firearms is predominantly one of obtaining livelihood and
22 pecuniary gain, as opposed to other intents, such as
23 improving or liquidating a personal firearms collection;
24 however, proof of profit shall not be required as to a person
25 who engages in the regular and repetitive purchase and
26 disposition of firearms for criminal purposes or terrorism.
27 "Terrorism" means activity directed against United States
28 residents that:
29 (i) is committed by an individual who is not a
30 national or permanent resident alien of the United
31 States;
32 (ii) involves violent acts or acts dangerous to
33 human life that would be a criminal violation if
34 committed within the jurisdiction of the United States;
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1 and
2 (iii) is intended:
3 (A) to intimidate or coerce a civilian
4 population;
5 (B) to influence the policy of a government by
6 intimidation or coercion; or
7 (C) to affect the conduct of a government by
8 assassination or kidnapping.
9 "Indictment" includes an indictment or information in any
10 court under which a crime punishable by imprisonment for a
11 term exceeding one year may be prosecuted.
12 "Fugitive from justice" means a person who has fled from
13 any state to avoid prosecution for a crime or to avoid giving
14 testimony in any criminal proceeding.
15 "Firearm" has the meaning ascribed to it in Section 1.1
16 of the Firearm Owners Identification Card Act.
17 "Adjudicated as a disabled person" means adjudicated as a
18 disabled person under the Probate Act of 1975 or the laws of
19 another state.
20 "Cannabis" has the meaning ascribed to it in the Cannabis
21 Control Act.
22 "Controlled substance" has the meaning ascribed to it in
23 the Illinois Controlled Substances Act.
24 Section 1-10. Unlicensed firearms dealer; prohibition.
25 No person may sell or otherwise transfer, or expose for sale
26 or transfer, or have in his or her possession with intent to
27 sell or transfer any firearm without being licensed under
28 this Act. This prohibition does not apply to a person who
29 makes occasional sales, exchanges, or purchases of firearms
30 for the enhancement of a personal collection or as a hobby or
31 who sells all or part of his or her personal collection of
32 firearms.
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1 Section 1-15. License application; requirements;
2 penalty.
3 (a) The Department may grant a firearms dealer license to
4 an applicant who submits evidence that:
5 (1) he or she is at least 21 years of age;
6 (2) he or she, including in the case of a
7 corporation, partnership, or association, an individual
8 possessing, directly or indirectly, the power to direct
9 or cause the direction of the management and policies of
10 the corporation, partnership, or association:
11 (i) has not been convicted of and is not under
12 indictment for a crime punishable by imprisonment
13 for a term exceeding one year;
14 (ii) is not a fugitive from justice;
15 (iii) is not and has not been an unlawful user
16 of or addicted to a controlled substance or
17 cannabis;
18 (iv) has not been adjudicated as a disabled
19 person or committed to a mental institution;
20 (v) is not an alien, illegally or unlawfully,
21 in the United States;
22 (vi) has not been discharged from the Armed
23 Forces under dishonorable conditions; or
24 (vii) is not a former citizen of the United
25 States who has renounced his or her citizenship; and
26 (3) he or she does not have a mental condition that
27 poses a clear and present danger to the applicant,
28 another person, or to the community. For purposes of
29 this subdivision (3), "mental condition" means a state of
30 mind manifested by violent, suicidal, threatening, or
31 assaultive behavior.
32 (b) An application for a firearms dealer license must be
33 made on forms furnished by the Department. The application
34 must be verified by the applicant under oath and must be
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1 accompanied by the required fee.
2 (c) The applicant must submit to the Department a license
3 fee of $1,000.
4 (d) The applicant must submit to fingerprinting in
5 accordance with rules adopted by the Department and must pay
6 a fingerprint processing fee in the amount set by the
7 Department by rule.
8 (e) A person who knowingly makes a false statement or
9 knowingly conceals a material fact or uses false information
10 or identification in any application for a license under this
11 Act commits a Class A misdemeanor.
12 (f) A license granted under this Act remains in effect
13 until it is revoked, suspended, or otherwise withdrawn by the
14 Department or until it is surrendered by the licensee.
15 (g) The provisions of subdivision (a)(2)(ii) do not
16 apply to a person who has been granted relief from
17 disabilities under subsection (c) of Section 925 of Title 18
18 of the United States Code or to a licensed dealer who is
19 indicted for a crime who is operating under an existing
20 license if, before the expiration of the term of the existing
21 license, timely application is made for a new license during
22 the term of the indictment and until any conviction under the
23 indictment becomes final.
24 Section 1-20. License retention; requirements. A
25 license granted under this Act is subject to all of the
26 following requirements:
27 (1) A licensed dealer must only transact business under
28 this Act at an address that has a zoning classification that
29 permits the operation of a retail establishment.
30 (2) A licensed dealer may not transact business in any
31 place other than the premises specified in his or her
32 license, except that a licensed dealer may display, sell, or
33 transfer firearms at a gun show open to the general public or
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1 at any regular meeting of an incorporated collectors club in
2 accordance with this Act and federal law.
3 (3) A licensed dealer must not violate any provision of
4 any federal or state law pertaining to the possession, use,
5 sale, or delivery of firearms.
6 (4) The licensed dealer must strictly adhere to the
7 provisions of all applicable federal and state laws and local
8 ordinances and local business license requirements.
9 (5) A separate license must be obtained for each separate
10 place of business. Before a licensed dealer moves his or her
11 place of business, he or she must promptly apply to the
12 Department for an amended license.
13 (6) The license, or a copy of the license certified by
14 the Department, must be displayed on the premises at a
15 location where it can easily be read.
16 (7) No firearm may be displayed in any outer window of
17 the premises or in any other place where it can readily be
18 seen from the outside.
19 (8) Every firearm must be unloaded when delivered.
20 (9) The licensee must obtain a certificate of
21 registration issued under the Retailers' Occupation Tax Act.
22 (10) The licensee must take reasonable precautions to
23 ensure that the firearms the licensee sells will not be used
24 illegally. These precautions include, but are not limited
25 to: (i) the refusal to sell a firearm to a person the
26 licensee knows or has reason to know is purchasing the
27 firearm on behalf of another person who could not legally
28 purchase the firearm; (ii) the refusal to sell a firearm to a
29 person who has provided a home address in a municipality or
30 county in which possession of that type of firearm is
31 illegal; and (iii) the refusal to sell a firearm to a person
32 who has provided a home address in a municipality or county
33 that requires registration of the firearm unless the
34 purchaser presents satisfactory evidence of compliance with
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1 the registration requirement.
2 (11) The licensee must make available the licensee's
3 records to any officer or employee of the Department or of
4 any unit of local government in this State whenever the
5 officer or employee is authorized to enforce laws or
6 ordinances pertaining to firearms.
7 (12) The licensee must have in effect at all times
8 liability insurance in the amount of at least $1,000,000 that
9 insures the payment of any judgment against the licensee.
10 Section 1-25. Enforcement; revocation; notice. This Act
11 must be enforced by the Department, and may be enforced, for
12 the purpose of determining compliance with this Act, by any
13 municipality in which the licensee is located or, if the
14 licensee is not located in a municipality, by the county in
15 which the licensee is located. The Department, after due
16 notice to the licensee and reasonable opportunity for the
17 licensee to be heard, may revoke a license or may suspend a
18 license for a period of time that the Department may deem
19 proper upon satisfactory proof that the licensee has violated
20 or permitted a violation of any requirement of this Act or is
21 no longer eligible to obtain a license under Section 1-15. A
22 person whose license has been revoked by the Department is
23 disqualified to receive a license for 10 years after the
24 revocation. Any person who has substantially participated in
25 the operation or management of a licensee that has had its
26 license revoked may not be employed by or participate in the
27 business of any other licensee for 10 years after the
28 revocation. Proceedings for revocation or suspension under
29 this Section may be initiated by the Department or by a
30 municipality or county.
31 Section 1-30. Submission to Department. A licensed
32 dealer must, within 24 hours after making a sale or transfer
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1 of a firearm to a person who is not licensed as a dealer,
2 report that sale to the Department of State Police as
3 required by Section 3.2 of the Firearm Owners Identification
4 Card Act.
5 Section 1-35. Penalty. Any firearms dealer who sells,
6 or who possesses with intent to sell, trade, or transfer, any
7 firearm without being licensed under this Act is guilty of a
8 Class 4 felony.
9 ARTICLE 2. FIREARMS ACCOUNTABILITY LAW.
10 Section 2-1. Short title. This Article may be cited as
11 the Firearms Accountability Law, and references in this
12 Article to "this Act" mean this Article.
13 Section 2-5. Cause of action.
14 (a) Whenever any person intentionally or negligently
15 delivers or causes to be delivered a firearm, firearm
16 ammunition, or silencer to: (1) any person who is not
17 legally authorized to possess that item; (2) a person who is
18 purchasing the item on behalf of another person; or (3) any
19 other person the deliverer knows or has reason to know will
20 use the item unlawfully; the deliverer is civilly liable for
21 the commission of any subsequent tortious conduct that
22 directly or indirectly involves the use, attempted use, or
23 threatened use of the item by any person.
24 (b) The civil liability created by this Section is not
25 dependent upon any causal relationship that is required to be
26 established in order to create liability under common law.
27 Section 2-10. Punitive damages. A person bringing an
28 action under this Act may be entitled to recover punitive
29 damages if the conduct of the defendant that gave rise to the
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1 cause of action was either intentional, reckless, or grossly
2 negligent.
3 Section 2-15. Joint and several liability. Persons
4 subject to liability under this Act are jointly and severally
5 liable.
6 Section 2-20. Stay of proceedings. The prosecuting
7 attorney of any government or governmental subdivision or
8 agency may move for a stay of any proceeding brought under
9 this Act, to include all discovery, pending the completion of
10 an investigation or prosecution of a criminal case related to
11 the subject matter of a suit brought under this Act.
12 Section 2-25. Other remedies. The remedies provided by
13 this Act are in addition to any other remedies allowed by
14 law.
15 ARTICLE 90. AMENDATORY PROVISIONS.
16 Section 90-5. The Firearm Owners Identification Card Act
17 is amended by changing Section 1.1 and adding Section 3.2 as
18 follows:
19 (430 ILCS 65/1.1) (from Ch. 38, par. 83-1.1)
20 Sec. 1.1. For purposes of this Act:
21 "Firearm" means any device, by whatever name known, which
22 is designed to expel a projectile or projectiles by the
23 action of an explosion, expansion of gas or escape of gas;
24 excluding, however:
25 (1) any pneumatic gun, spring gun, paint ball gun
26 or B-B gun which either expels a single globular
27 projectile not exceeding .18 inch in diameter and which
28 has a maximum muzzle velocity of less than 700 feet per
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1 second or breakable paint balls containing washable
2 marking colors;
3 (2) any device used exclusively for signalling or
4 safety and required or recommended by the United States
5 Coast Guard or the Interstate Commerce Commission; or
6 (3) any device used exclusively for the firing of
7 stud cartridges, explosive rivets or similar industrial
8 ammunition; and
9 (4) an antique firearm (other than a machine-gun)
10 which, although designed as a weapon, the Department of
11 State Police finds by reason of the date of its
12 manufacture, value, design, and other characteristics is
13 primarily a collector's item and is not likely to be used
14 as a weapon.
15 "Firearm ammunition" means any self-contained cartridge
16 or shotgun shell, by whatever name known, which is designed
17 to be used or adaptable to use in a firearm; excluding,
18 however:
19 (1) any ammunition exclusively designed for use
20 with a device used exclusively for signalling or safety
21 and required or recommended by the United States Coast
22 Guard or the Interstate Commerce Commission; and or
23 (2) any ammunition designed exclusively for use
24 with a stud or rivet driver or other similar industrial
25 ammunition.
26 "Transfer" includes the actual, constructive, or
27 attempted transfer of a firearm or firearm ammunition, with
28 or without consideration.
29 (Source: P.A. 86-349; 86-1265; revised 10-31-98.)
30 (430 ILCS 65/3.2 new)
31 Sec. 3.2. Submission to Department. Every person must,
32 within 24 hours after making a sale or transfer of a firearm
33 to another person, report that sale or transfer to the
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1 Department of State Police. The report must contain the
2 following information: the date of the sale or transfer; the
3 identity and address of the transferor; the name, address,
4 age, and occupation of the transferee; the price of the
5 firearm; the kind, description, and number of the firearm;
6 and the purpose for which the firearm is obtained. A record
7 of each report must be maintained by the Department on a
8 computer database capable of allowing the retrieval of
9 information for each transferor and each transferee.
10 Information in the database must be made available to any law
11 enforcement agency responsible for the enforcement of any
12 federal, State or local law or ordinance relating to
13 firearms, and to any licensed dealer who requests information
14 relating to a person who is seeking to purchase one or more
15 firearms from that dealer.
16 In addition to any other requirements of this Section,
17 any person required by Section 3 of this Act to keep a record
18 of a transfer of a firearm occurring within the 24 month
19 period immediately preceding the effective date of this
20 amendatory Act of 1999 must, no later than 30 days after that
21 effective date, report those transfers to the Department of
22 State Police. The report must contain the information
23 required to be maintained as records under subsection (b) of
24 Section 3. The Department must include the records of those
25 reports in the computer database required to be maintained
26 under this Section.