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92_HB1941
LRB9204430RCcd
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 is determined in
2 accordance with the law of the jurisdiction in which the
3 proceedings were held. Any conviction that has been
4 expunged, set aside, or for which a person has been pardoned
5 or has had civil rights restored may not be considered a
6 conviction for purposes of this Act unless the pardon,
7 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 "Transfer" means the actual or attempted transfer of a
17 firearm or firearm ammunition, with or without consideration,
18 but does not include the lease of a firearm, or the provision
19 of ammunition specifically for that firearm, if the firearm
20 and the ammunition are to be used on the lessor's premises,
21 and does not include any transfer of possession when the
22 transferor maintains supervision and control over the firearm
23 or ammunition.
24 "With the principal objective of livelihood and profit"
25 means that the intent underlying the sale or disposition of
26 firearms is predominantly one of obtaining livelihood and
27 pecuniary gain, as opposed to other intents, such as
28 improving or liquidating a personal firearms collection;
29 however, proof of profit shall not be required as to a person
30 who engages in the regular and repetitive purchase and
31 disposition of firearms for criminal purposes or terrorism.
32 "Terrorism" means activity directed against United States
33 residents that:
34 (i) is committed by an individual who is not a
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1 national or permanent resident alien of the United
2 States;
3 (ii) involves violent acts or acts dangerous to
4 human life that would be a criminal violation if
5 committed within the jurisdiction of the United States;
6 and
7 (iii) is intended:
8 (A) to intimidate or coerce a civilian
9 population;
10 (B) to influence the policy of a government by
11 intimidation or coercion; or
12 (C) to affect the conduct of a government by
13 assassination or kidnapping.
14 "Indictment" includes an indictment or information in any
15 court under which a crime punishable by imprisonment for a
16 term exceeding one year may be prosecuted.
17 "Fugitive from justice" means a person who has fled from
18 any state to avoid prosecution for a crime or to avoid giving
19 testimony in any criminal proceeding.
20 "Firearm" has the meaning ascribed to it in Section 1.1
21 of the Firearm Owners Identification Card Act.
22 "Adjudicated as a disabled person" means adjudicated as a
23 disabled person under the Probate Act of 1975 or the laws of
24 another state.
25 "Cannabis" has the meaning ascribed to it in the Cannabis
26 Control Act.
27 "Controlled substance" has the meaning ascribed to it in
28 the Illinois Controlled Substances Act.
29 Section 10. Unlicensed firearms dealer; prohibition. No
30 person may sell or otherwise transfer, or expose for sale or
31 transfer, or have in his or her possession with intent to
32 sell or transfer any firearm without being licensed under
33 this Act. This prohibition does not apply to a person who
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1 makes occasional sales, exchanges, or purchases of firearms
2 for the enhancement of a personal collection or as a hobby or
3 who sells all or part of his or her personal collection of
4 firearms.
5 Section 15. License application; requirements; penalty.
6 (a) The Department may grant a firearms dealer license to
7 an applicant who submits evidence that:
8 (1) he or she is at least 21 years of age;
9 (2) he or she, including in the case of a
10 corporation, partnership, or association, an individual
11 possessing, directly or indirectly, the power to direct
12 or cause the direction of the management and policies of
13 the corporation, partnership, or association:
14 (i) has not been convicted of and is not under
15 indictment for a crime punishable by imprisonment
16 for a term exceeding one year;
17 (ii) is not a fugitive from justice;
18 (iii) is not and has not been an unlawful user
19 of or addicted to a controlled substance or
20 cannabis;
21 (iv) has not been adjudicated as a disabled
22 person or committed to a mental institution;
23 (v) is not an alien, illegally or unlawfully,
24 in the United States;
25 (vi) has not been discharged from the Armed
26 Forces under dishonorable conditions; or
27 (vii) is not a former citizen of the United
28 States who has renounced his or her citizenship; and
29 (3) he or she does not have a mental condition that
30 poses a clear and present danger to the applicant,
31 another person, or to the community. For purposes of
32 this subdivision (3), "mental condition" means a state of
33 mind manifested by violent, suicidal, threatening, or
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1 assaultive behavior.
2 (b) An application for a firearms dealer license must be
3 made on forms furnished by the Department. The application
4 must be verified by the applicant under oath and must be
5 accompanied by the required fee.
6 (c) The applicant must submit to the Department a license
7 fee of $300, payable at the time of application, and an
8 additional $300 payable every 3 years thereafter for so long
9 as the license is in effect.
10 (d) The applicant must submit to fingerprinting in
11 accordance with rules adopted by the Department and must pay
12 a fingerprint processing fee in the amount set by the
13 Department by rule.
14 (e) A person who knowingly makes a false statement or
15 knowingly conceals a material fact or uses false information
16 or identification in any application for a license under this
17 Act commits a Class A misdemeanor.
18 (f) A license granted under this Act remains in effect
19 until it is revoked, suspended, or otherwise withdrawn by the
20 Department or until it is surrendered by the licensee.
21 (g) The provisions of subdivision (a)(2)(ii) do not
22 apply to a person who has been granted relief from
23 disabilities under subsection (c) of Section 925 of Title 18
24 of the United States Code or to a licensed dealer who is
25 indicted for a crime who is operating under an existing
26 license if, before the expiration of the term of the existing
27 license, timely application is made for a new license during
28 the term of the indictment and until any conviction under the
29 indictment becomes final.
30 Section 20. License retention; requirements. A license
31 granted under this Act is subject to all of the following
32 requirements:
33 (1) A licensed dealer may only transact business under
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1 this Act at an address that has a zoning classification that
2 permits the operation of a retail establishment.
3 (2) A licensed dealer may not transact business in any
4 place other than the premises specified in his or her
5 license, except that a licensed dealer may display, sell, or
6 transfer firearms at a gun show open to the general public or
7 at any regular meeting of an incorporated collectors club in
8 accordance with this Act and federal law.
9 (3) A licensed dealer may not violate any provision of
10 any federal or state law pertaining to the possession, use,
11 sale, or delivery of firearms.
12 (4) The licensed dealer must strictly adhere to the
13 provisions of all applicable federal and state laws and local
14 ordinances and local business license requirements.
15 (5) A separate license must be obtained for each separate
16 place of business. Before a licensed dealer moves his or her
17 place of business, he or she must promptly apply to the
18 Department for an amended license.
19 (6) The license, or a copy of the license certified by
20 the Department, must be displayed on the premises at a
21 location where it can easily be read.
22 (7) No firearm may be displayed in any outer window of
23 the premises or in any other place where it can readily be
24 seen from the outside.
25 (8) Every firearm must be unloaded when delivered.
26 (9) The licensee must obtain a certificate of
27 registration issued under the Retailers' Occupation Tax Act.
28 (10) The licensee must take reasonable precautions to
29 ensure that the firearms the licensee sells will not be used
30 illegally. These precautions include, but are not limited
31 to: (i) the refusal to sell a firearm to a person the
32 licensee knows or has reason to know is purchasing the
33 firearm on behalf of another person who could not legally
34 purchase the firearm; (ii) the refusal to sell a firearm to a
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1 person who has provided a home address in a municipality or
2 county in which possession of that type of firearm is illegal
3 unless the transferee presents reasonably satisfactory
4 evidence that the firearm will not be used or possessed
5 unlawfully in that municipality or county; and (iii) the
6 refusal to sell a firearm to a person who has provided a home
7 address in a municipality or county that requires
8 registration of the firearm, unless the purchaser presents
9 satisfactory evidence of compliance with the registration
10 requirement.
11 (11) The licensee must make available the licensee's
12 records to any officer or employee of the Department or of
13 any unit of local government in this State whenever the
14 officer or employee is authorized to enforce laws or
15 ordinances pertaining to firearms.
16 Section 25. Enforcement; revocation; notice. This Act
17 must be enforced by the Department, and may be enforced, for
18 the purpose of determining compliance with this Act, by any
19 municipality in which the licensee is located or, if the
20 licensee is not located in a municipality, by the county in
21 which the licensee is located. The Department, after due
22 notice to the licensee and reasonable opportunity for the
23 licensee to be heard, may revoke a license or may suspend a
24 license for a period of time that the Department may deem
25 proper upon satisfactory proof that the licensee has violated
26 or permitted a violation of any requirement of this Act or is
27 no longer eligible to obtain a license under Section 15. A
28 person whose license has been revoked by the Department is
29 disqualified to receive a license for 10 years after the
30 revocation. Any person who has substantially participated in
31 the operation or management of a licensee that has had its
32 license revoked may not be employed by or participate in the
33 business of any other licensee for 10 years after the
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1 revocation. Proceedings for revocation or suspension under
2 this Section may be initiated by the Department or by a
3 municipality or county.
4 Section 30. Submission to Department. A licensed dealer
5 must, within 24 hours after making a sale or transfer of a
6 firearm to a person who is not licensed as a dealer, report
7 that sale to the Department of State Police. The report must
8 contain the following information: the date of the sale or
9 transfer; the identity and address of the dealer; the name,
10 address, age, and occupation of the transferee; the price of
11 the firearm; and the kind, description and number of the
12 firearm. All records of the reports must be maintained by
13 the Department on a computer database capable of allowing the
14 retrieval of information for each dealer and each transferee.
15 The computer database must also contain a listing of each
16 county or municipality that prohibits one or more types of
17 firearm, and the type or types of firearms that are
18 prohibited in that county or municipality. Information in
19 the database must be made available to any law enforcement
20 agency responsible for the enforcement of any federal, State
21 or local law or ordinance relating to firearms, and to any
22 licensed dealer who requests information relating to a person
23 who is seeking to purchase one or more firearms from that
24 dealer. Except as specifically provided in this Section,
25 information in the database are confidential records of the
26 Department and are not subject to disclosure under any other
27 law.
28 In addition to any other requirements of this Section,
29 any licensee who was required by Section 3 of the Firearm
30 Owners Identification Card Act to keep a record of a transfer
31 of a firearm occurring within the 24 month period immediately
32 preceding the effective date of this Act must, no later than
33 30 days after that effective date, report those transfers to
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1 the Department of State Police. The report must contain the
2 information required to be maintained as records under
3 subsection (b) of Section 3 of the Firearm Owners
4 Identification Card Act. The Department must include the
5 records of those reports in the computer database required to
6 be maintained under this Section.
7 Section 35. Penalty. Any firearms dealer who sells, or
8 who possesses with intent to sell, trade, or transfer, any
9 firearm without being licensed under this Act is guilty of a
10 Class 4 felony.