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91_HB0225
LRB9100568RCksA
1 AN ACT in relation to firearms.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 1. Short title. This Act may be cited as the
5 Firearms Dealer Licensing Act.
6 Section 5. Definitions. As used in this Act:
7 "Department" means the Department of State Police.
8 "Firearms dealer" means any person who is: (i) engaged in
9 the business of selling firearms at wholesale or retail, (ii)
10 engaged in the business of repairing firearms or of making or
11 fitting special barrels, stocks, or trigger mechanisms to
12 firearms, or (iii) a pawnbroker whose business or occupation
13 includes the taking or receiving, by way of pledge or pawn,
14 of any firearm as security for the payment or repayment of
15 money.
16 "Licensed dealer" means any firearms dealer who is
17 licensed under both this Act and Section 923 of the federal
18 Gun Control Act of 1968 (18 U.S.C. 923).
19 "Person" means an individual, firm, association, society,
20 partnership, limited liability company, corporation, or other
21 entity.
22 "Crime punishable by imprisonment for a term exceeding
23 one year" does not include:
24 (i) any federal or state offenses pertaining to
25 antitrust violations, unfair trade practices, restraints
26 of trade, or other similar offenses relating to the
27 regulation of business practices, or
28 (ii) any state offense classified by the laws of the
29 state as a misdemeanor and punishable by a term of
30 imprisonment of 2 years or less.
31 What constitutes a conviction of a crime punishable by
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1 imprisonment for a term exceeding one year shall be
2 determined in accordance with the law of the jurisdiction in
3 which the proceedings were held. Any conviction that has
4 been expunged, set aside, or for which a person has been
5 pardoned or has had civil rights restored shall not be
6 considered a conviction for purposes of this Act unless the
7 pardon, expungement, or restoration of civil rights expressly
8 provides that the person may not possess or receive firearms.
9 "Engaged in the business" means a person who devotes
10 time, attention, and labor to engaging in the activity as a
11 regular course of trade or business with the principal
12 objective of livelihood and profit, but does not include a
13 person who makes occasional repairs of firearms, or who
14 occasionally fits special barrels, stocks, or trigger
15 mechanisms to firearms.
16 "With the principal objective of livelihood and profit"
17 means that the intent underlying the sale or disposition of
18 firearms is predominantly one of obtaining livelihood and
19 pecuniary gain, as opposed to other intents, such as
20 improving or liquidating a personal firearms collection;
21 however, proof of profit shall not be required as to a person
22 who engages in the regular and repetitive purchase and
23 disposition of firearms for criminal purposes or terrorism.
24 "Terrorism" means activity directed against United States
25 residents that:
26 (i) is committed by an individual who is not a
27 national or permanent resident alien of the United
28 States;
29 (ii) involves violent acts or acts dangerous to
30 human life that would be a criminal violation if
31 committed within the jurisdiction of the United States;
32 and
33 (iii) is intended:
34 (A) to intimidate or coerce a civilian
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1 population;
2 (B) to influence the policy of a government by
3 intimidation or coercion; or
4 (C) to affect the conduct of a government by
5 assassination or kidnapping.
6 "Indictment" includes an indictment or information in any
7 court under which a crime punishable by imprisonment for a
8 term exceeding one year may be prosecuted.
9 "Fugitive from justice" means a person who has fled from
10 any state to avoid prosecution for a crime or to avoid giving
11 testimony in any criminal proceeding.
12 "Firearm" has the meaning ascribed to it in Section 1.1
13 of the Firearm Owners Identification Card Act.
14 "Adjudicated as a disabled person" means adjudicated as a
15 disabled person under the Probate Act of 1975 or the laws of
16 another state.
17 "Cannabis" has the meaning ascribed to it in the Cannabis
18 Control Act.
19 "Controlled substance" has the meaning ascribed to it in
20 the Illinois Controlled Substances Act.
21 Section 10. Unlicensed firearms dealer; prohibition. No
22 person may sell or otherwise transfer, or expose for sale or
23 transfer, or have in his or her possession with intent to
24 sell or transfer any firearm without being licensed under
25 this Act. This prohibition does not apply to a person who
26 makes occasional sales, exchanges, or purchases of firearms
27 for the enhancement of a personal collection or as a hobby or
28 who sells all or part of his or her personal collection of
29 firearms.
30 Section 15. License application; requirements; penalty.
31 (a) The Department may grant a firearms dealer license to
32 an applicant who submits evidence that:
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1 (1) he or she is at least 21 years of age;
2 (2) he or she, including in the case of a
3 corporation, partnership, or association, an individual
4 possessing, directly or indirectly, the power to direct
5 or cause the direction of the management and policies of
6 the corporation, partnership, or association:
7 (i) has not been convicted of and is not under
8 indictment for a crime punishable by imprisonment
9 for a term exceeding one year;
10 (ii) is not a fugitive from justice;
11 (iii) is not and has not been an unlawful user
12 of or addicted to a controlled substance or
13 cannabis;
14 (iv) has not been adjudicated as a disabled
15 person or committed to a mental institution;
16 (v) is not an alien, illegally or unlawfully,
17 in the United States;
18 (vi) has not been discharged from the Armed
19 Forces under dishonorable conditions; or
20 (vii) is not a former citizen of the United
21 States who has renounced his or her citizenship; and
22 (3) he or she does not have a mental condition that
23 poses a clear and present danger to the applicant,
24 another person, or to the community. For purposes of
25 this subdivision (3), "mental condition" means a state of
26 mind manifested by violent, suicidal, threatening, or
27 assaultive behavior.
28 (b) An application for a firearms dealer license shall be
29 made on forms furnished by the Department. The application
30 shall be verified by the applicant under oath and shall be
31 accompanied by the required fee.
32 (c) The applicant shall submit to the Department a
33 license fee of $1,000.
34 (d) The applicant shall submit to fingerprinting in
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1 accordance with rules adopted by the Department and shall pay
2 a fingerprint processing fee in the amount set by the
3 Department by rule.
4 (e) A person who knowingly makes a false statement or
5 knowingly conceals a material fact or uses false information
6 or identification in any application for a license under this
7 Act commits a Class A misdemeanor.
8 (f) A license granted under this Act shall remain in
9 effect until it is revoked, suspended, or otherwise withdrawn
10 by the Department or until it is surrendered by the licensee.
11 (g) The provisions of subdivision (a)(2)(ii) do not
12 apply to a person who has been granted relief from
13 disabilities under subsection (c) of Section 925 of Title 18
14 of the United States Code or to a licensed dealer who is
15 indicted for a crime who is operating under an existing
16 license if, before the expiration of the term of the existing
17 license, timely application is made for a new license during
18 the term of the indictment and until any conviction under the
19 indictment becomes final.
20 Section 20. License retention; requirements. A license
21 granted under this Act shall be subject to all of the
22 following requirements:
23 (1) A licensed dealer shall only transact business under
24 this Act at an address that has a zoning classification that
25 permits the operation of a retail establishment.
26 (2) A licensed dealer may not transact business in any
27 place other than the premises specified in his or her
28 license, except that a licensed dealer may display, sell, or
29 transfer firearms at a gun show open to the general public or
30 at any regular meeting of an incorporated collectors club in
31 accordance with this Act and federal law.
32 (3) A licensed dealer shall not violate any provision of
33 any federal or state law pertaining to the possession, use,
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1 sale, or delivery of firearms.
2 (4) The licensed dealer shall strictly adhere to the
3 provisions of all applicable federal and state laws and local
4 ordinances and local business license requirements.
5 (5) A separate license shall be obtained for each
6 separate place of business. Before a licensed dealer moves
7 his or her place of business, he or she shall promptly apply
8 to the Department for an amended license.
9 (6) The license, or a copy of the license certified by
10 the Department, shall be displayed on the premises at a
11 location where it can easily be read.
12 (7) No firearm shall be displayed in any outer window of
13 the premises or in any other place where it can readily be
14 seen from the outside.
15 (8) Every firearm shall be unloaded when delivered.
16 (9) The licensee shall obtain a certificate of
17 registration issued under the Retailers' Occupation Tax Act.
18 (10) The licensee shall take reasonable precautions to
19 ensure that the firearms the licensee sells will not be used
20 illegally. These precautions shall include, but not be
21 limited to: (i) the refusal to sell a firearm to a person
22 the licensee knows or has reason to know is purchasing the
23 firearm on behalf of another person who could not legally
24 purchase the firearm; (ii) the refusal to sell a firearm to a
25 person who has provided a home address in a municipality or
26 county in which possession of that type of firearm is
27 illegal; and (iii) the refusal to sell a firearm to a person
28 who has provided a home address in a municipality or county
29 that requires registration of the firearm, unless the
30 purchaser presents satisfactory evidence of compliance with
31 the registration requirement.
32 (11) The licensee shall make available the licensee's
33 records to any officer or employee of the Department or of
34 any unit of local government in this State whenever the
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1 officer or employee is authorized to enforce laws or
2 ordinances pertaining to firearms.
3 (12) The licensee shall have in effect at all times
4 liability insurance in the amount of at least $1,000,000 that
5 insures the payment of any judgment against the licensee.
6 Section 25. Enforcement; revocation; notice. This Act
7 shall be enforced by the Department, and may be enforced, for
8 the purpose of determining compliance with this Act, by any
9 municipality in which the licensee is located or, if the
10 licensee is not located in a municipality, by the county in
11 which the licensee is located. The Department, after due
12 notice to the licensee and reasonable opportunity for the
13 licensee to be heard, may revoke a license or may suspend a
14 license for a period of time that the Department may deem
15 proper upon satisfactory proof that the licensee has violated
16 or permitted a violation of any requirement of this Act or is
17 no longer eligible to obtain a license under Section 15. A
18 person whose license has been revoked by the Department is
19 disqualified to receive a license for 10 years after the
20 revocation. Any person who has substantially participated in
21 the operation or management of a licensee that has had its
22 license revoked may not be employed by or participate in the
23 business of any other licensee for 10 years after the
24 revocation. Proceedings for revocation or suspension under
25 this Section may be initiated by the Department or by a
26 municipality or county.
27 Section 30. Submission to Department. A licensed dealer
28 shall, within 24 hours after making a sale or transfer of a
29 firearm to a person who is not licensed as a dealer, report
30 that sale to the Department of State Police. The report
31 shall contain the following information: the date of the sale
32 or transfer; the identity and address of the dealer; the
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1 name, address, age and occupation of the transferee; the
2 price of the firearm; the kind, description and number of the
3 firearm; and the purpose for which the firearm is obtained.
4 All records of such reports shall be maintained by the
5 Department on a computer database capable of allowing the
6 retrieval of information for each dealer and each transferee.
7 Information in the database shall be made available to any
8 law enforcement agency responsible for the enforcement of any
9 federal, State or local law or ordinance relating to
10 firearms, and to any licensed dealer who requests information
11 relating to a person who is seeking to purchase one or more
12 firearms from that dealer.
13 In addition to any other requirements of this Section,
14 any licensee who was required by Section 3 of the Firearm
15 Owners Identification Card Act to keep a record of a transfer
16 of a firearm occurring within the 24 month period immediately
17 preceding the effective date of this Act must, no later than
18 30 days after that effective date, report those transfers to
19 the Department of State Police. The report must contain the
20 information required to be maintained as records under
21 subsection (b) of Section 3 of the Firearm Owners
22 Identification Card Act. The Department must include the
23 records of those reports in the computer database required to
24 be maintained under this Section.
25 Section 35. Penalty. Any firearms dealer who sells, or
26 who possesses with intent to sell, trade, or transfer, any
27 firearm without being licensed under this Act is guilty of a
28 Class 4 felony.