Jump to content

SB337 – Firearm Dealer Licensing Act – effective date 1-18-2019


Molly B.

Recommended Posts

SB337 – Firearm Dealer Licensing Act – effective date 1-18-2019

 

 

  1. Each licensee shall file with the Illinois State Police (Department) a copy of its license, together with a sworn affidavit indicating that the license presented is in fact its license and that the license is valid.
  2. The ISP shall issue an initial certificate of license within 30 days of receipt of the copy of license and sworn affidavit. If the Department does not issue the certificate within 30 days, the licensee shall operate as if a certificate has been granted unless and until a denial is issued by the Department.
  3. Beginning 180 days after the effective date of this Act, 1-18-2019, it is unlawful for a person or entity to engage in the business of selling, leasing, or otherwise transferring firearms without a valid certificate of license issued under this Act.
  4. In the event that a person or entity maintains multiple licenses to engage in different lines of business requiring different licenses at one location, then the licenses shall be deemed one license for purposes of certification.
  5. In the event that a person or entity maintains multiple licenses to engage in business at multiple locations, under the same business name on the license or a different business name on the license, then each license and location must receive its own certification.
  6. A person who violates any provision of the section of law pertaining Certification requirement is guilty of a Class A misdemeanor for a first violation, and a Class 4 felony for a second or subsequent violation.
  7. In addition to any other penalty provided by law, any person or entity who violates any provision of the Certification requirement section shall pay a civil penalty to the Department in an amount not to exceed $10,000 for each offense.
  8. A certified licensee shall make a photo copy of a buyer's or transferee's valid photo identification card whenever a firearm sale transaction takes place. The photo copy shall be attached to the documentation detailing the record of sale.
  9. A certified licensee shall post in a conspicuous position on the premises where the licensee conducts business a sign that contains the following warning in block letters not less than one inch in height:
    1. "With few exceptions enumerated in the Firearm Owners Identification Card Act, it is unlawful for you to:
    2. store or leave an unsecured firearm in a place where a child can obtain access to it;
    3. sell or transfer your firearm to someone else without receiving approval for the transfer from the Department of State Police, or
    4. © fail to report the loss or theft of your firearm to local law enforcement within 72 hours.".
  10. No retail location established after the effective date of this Act shall be located within 500 feet of any school, pre-school, or day care facility in existence at its location before the retail location is established as measured from the nearest corner of the building holding the retail location to the corner of the school, pre-school, or day care facility building nearest the retail location at the time the retail location seeks licensure.
  11. Exemptions from the Firearm Dealers Act – does not apply to:
    1. temporary transfers of firearms solely for use at the location or on the premises where the transfer takes place, such as transfers at a shooting range for use at that location;
    2. temporary transfers of firearms solely for use while in the presence of the transferor or transfers for the purposes of firearm safety training by a firearms safety training instructor;
    3. transfers of firearms among immediate family or household members, as "immediate family or household member" is defined in Section 3-2.7-10 of the Unified Code of Corrections, provided that both the transferor and transferee have a currently valid Firearm Owner's Identification Card; however, this paragraph (3) does not limit the familial gift exemption under paragraph (2) of subsection (a-15) of Section 3 of the Firearm Owners Identification Card Act;
    4. transfers by persons or entities acting under operation of law or a court order;
    5. transfers by persons or entities liquidating all or part of a collection. "collection" means 2 or more firearms which are of special interest to collectors by reason of some quality other than is associated with firearms intended for sporting use or as offensive or defensive weapons;
    6. transfers of firearms that have been rendered permanently inoperable to a nonprofit historical society, museum, or institutional collection;
    7. transfers by a law enforcement or corrections agency or a law enforcement or corrections officer acting within the course and scope of his or her official duties;
    8. transfers to a State or local law enforcement agency by a person who has his or her Firearm Owner's Identification Card revoked;
    9. transfers of curios and relics, as defined under federal law, between collectors licensed under subsection (b] of Section 923 of the federal Gun Control Act of 1968;
    10. transfers by a person or entity licensed as an auctioneer under the Auction License Act; or
    11. transfers between a pawnshop and a customer which amount to a bailment. "bailment" means the act of placing property in the custody and control of another, by agreement in which the holder is responsible for the safekeeping and return of the property.
  12. Training of Certified Licensees: Any certified licensee and any employee of a certified licensee who sells or transfers firearms shall receive at least 2 hours of training annually regarding legal requirements and responsible business practices as applicable to the sale or transfer or firearms.
  13. Inspection of licensees' places of business: Licensees shall have their places of business open for inspection by the Department and law enforcement during all hours of operation involving the selling, leasing, or otherwise transferring of firearms, provided that the Department or law enforcement may conduct no more than one unannounced inspection per business per year without good cause.
  14. During an inspection, licensees shall make all records, documents, and firearms accessible for inspection upon the request of the Department or law enforcement agency.
  15. Each certified licensee shall submit with each application for certification or renewal an affidavit to the Department stating that:
  16. each owner, employee, or other agent of the certified licensee who sells or conducts transfers of firearms for the certified licensee is at least 21 years of age,
  17. has a currently valid Firearm Owner's Identification Card and, for a renewal,
  18. has completed the training required under Section 5-30.
  19. If an owner, employee, or other agent of the certified licensee is not otherwise a resident of this State, the certified licensee shall submit an affidavit stating that the owner, employee, or other agent has undergone a background check and is not prohibited from owning or possessing firearms.
  20. If a certified licensee has a license, certificate, or permit to sell, lease, transfer, purchase, or possess firearms issued by the federal government or the government of any state revoked or suspended for good cause within the preceding 4 years, the Department may consider revoking or suspending the certified licenses in this State.
  21. Issuance of subpoenas: The Department may subpoena and bring before it any person or entity to take oral or written testimony or may compel the production of any books, papers, records, or any other documents that the Department deems directly relevant or material to an investigation or hearing conducted by the Department in the enforcement of this Act, with the same fees and in the same manner prescribed in civil cases in the courts of this State.
  22. All video surveillance records, along with any sound recordings obtained from them, shall be kept for a period of not less than 90 days.
  23. Security system: On or before January 2, 2021, each certified licensee operating a retail location in this State must maintain a video security system and shall maintain video surveillance of critical areas of the business premises, including, but not limited to, all places where firearms in inventory are stored, handled, sold, or transferred, and each entrance and exit.
  24. The Department shall adopt rules regarding the adequacy of a safe storage plan.
  25. Certified licensee who has operated without an approved safe storage plan for more than 60 days shall be grounds for revocation of a license.
  26. On or before January 2, 2020, each certified licensee maintaining an inventory of firearms for sale or transfer must be connected to an alarm monitoring system or service that will notify its local law enforcement agency of an unauthorized intrusion into the premises of the licensee where the firearm inventory is maintained.
  27. Retail sales and purchases shall be recorded within 24 hours of the transaction.
  28. Shipments of firearms from manufacturers or wholesalers shall be recorded upon the earlier of five business days or with 24 hours of the shipment being unpacked and the firearm placed in inventory.
  29. Each certified licensee shall maintain these records for a period of no less than the time period under 27 CFR 478.129 or any subsequent law that regulates the retention of records.
  30. The fee may not exceed $300 for a certified licensee operating without a retail location.
  31. The fee may not exceed $1,500 for any certified licensee operating with a retail location.
  32. The Department may not charge a certified licensee in this State, operating under the same or different business name, fees exceeding $40,000 for the certification of multiple licenses.
  33. Moneys shall be used for implementation and administration of this Act.
  34. Violations of this Act, or any law applicable to the sale or transfer of firearms.
  35. A pattern of practice or other behavior which demonstrates incapacity or incompetency to practice under this Act.
  36. Aiding or assisting another person in violating any provision of this Act or rules adopted under this Act.
  37. Failing, within 60 days, to provide information in response to a written request made by the Department.
  38. Conviction of, plea of guilty to, or plea of nolo contendere to any crime that disqualifies the person from obtaining a valid Firearm Owner's Identification Card.
  39. Continued practice, although the person has become unfit to practice due to any of the following:
  40. Safe storage by certified licensees: In addition to adequate locks, exterior lighting, surveillance cameras, alarm systems, and other anti-theft measures and practices, a certified licensee maintaining a retail location shall develop a plan that addresses the safe storage of firearms and ammunition during retail hours and after closing.
  41. Statewide compliance standards: The Department shall develop and implement by rule statewide training standards for assisting certified licensees in recognizing indicators that would lead a reasonable dealer to refuse sale of a firearm, including, but not limited to, indicators of a straw purchase.
  42. Electronic-based recordkeeping: On or before January 2, 2020, each certified licensee operating a retail location shall implement an electronic-based record system to keep track of its changing inventory by updating the make, model, caliber or gauge, and serial number of each firearm that is received or sold by the certified licensee.
  43. Fees and fines: The Department shall set and collect a fee for each licensee certifying under this Act.
  44. Disciplinary sanctions: For violations of this Act not penalized under Section 5-15, the Department may refuse to renew or restore, or may reprimand, place on probation, suspend, revoke, or take other disciplinary or non-disciplinary action against any licensee, and may impose a fine commensurate with the severity of the violation not to exceed $10,000 for each violation for any of the following:
    1. Any circumstance that disqualifies the person from obtaining a valid Firearm Owner's Identification Card or concealed carry license.
    2. Habitual or excessive use or abuse of drugs defined in law as controlled substances, alcohol, or any other substance that results in the inability to practice with reasonable judgment, skill, or safety.
    3. Receiving, directly or indirectly, compensation for any firearms sold or transferred illegally.
    4. Discipline by another United States jurisdiction, foreign nation, or governmental agency, if at least one of the grounds for the discipline is the same or substantially equivalent to those set forth in this Act.
    5. Violation of any disciplinary order imposed on a licensee by the Department.
    6. A finding by the Department that the licensee, after having his or her certified license placed on probationary status, has violated the terms of probation.
    7. A fraudulent or material misstatement in the completion of an affirmative obligation or inquiry by law enforcement.
  45. All fines imposed under this Section shall be paid within 90 days after the effective date of the final order imposing the fine.
  46. FOID Act amendment - Private transfer: For transfers of a firearm, stun gun, or taser, failure by the private seller to maintain the transfer records in accordance with this Section is a Class A misdemeanor for the first offense and a Class 4 felony for a second or subsequent offense. A transferee shall not be criminally liable under this Section provided that he or she provides the Department of State Police with the transfer records in accordance with procedures established by the Department.The Department shall establish, by rule, a standard form on its website.
Link to comment
Share on other sites

How many transfers is a private person allowed per year before they are considered a dealer?

I read it and didn't see any mention of transfers by a private person, except:

 

11.

5. transfers by persons or entities liquidating all or part of a collection. "collection" means 2 or more firearms which are of special interest to collectors by reason of some quality other than is associated with firearms intended for sporting use or as offensive or defensive weapons;

Link to comment
Share on other sites

Posted · Hidden by Molly B., February 11, 2019 at 05:14 AM - No reason given
Hidden by Molly B., February 11, 2019 at 05:14 AM - No reason given

Exactly the point, remove as many FFL holders as possible from the state.....Most of us FFL holders will just slowly go away and new ones will not be able to get started so with in a few years FFL's will be few and far between and by then new gun bans will be created and in effect......Guns are not wanted nor welcome in the peoples republic of IL.

Link to comment

Exactly the point, remove as many FFL holders as possible from the state.....Most of us FFL holders will just slowly go away and new ones will not be able to get started so with in a few years FFL's will be few and far between and by then new gun bans will be created and in effect......Guns are not wanted nor welcome in the peoples republic of IL.

Exactly. The charade is disgusting and is abvious they're after law abiding dealers and gun owners with punitive and gotcha laws which are also duplicative and unnecessary. They give criminals probation because they're the gift that keeps on giving for them and are used to advance their agenda and ask for more gun control. ISP can't even handle FOID in a timely manner and this law is a mess by design and they can do anything they want by rule making.

 

Is anyone gonna fight this and sue or is everyone gonna surrender and comply or give up? That's what they want and they get an easy win. Gun owners and dealers should contribute to a legal fund in Illinois and I'm ready to. The NRA has abandoned us and I doubt anyone else will come to our aid. We should be united and rely on ourselves and take them to court for every Unconstitutional law they enact. Look what they do to President Trump and their resistance and how they ignore immigration laws and laws they don't feel apply to them. Look how they violate people's Constitutional rights and they feel emboldened by inaction.

Link to comment
Share on other sites

Posted · Hidden by Molly B., February 11, 2019 at 05:14 AM - No reason given
Hidden by Molly B., February 11, 2019 at 05:14 AM - No reason given

We are past the point of being able to fight the democrats in IL and no one is going to risk arrest and ruin by standing up against them so you will either flee or if you are stuck here you will live under the rules they lay out for you.

Link to comment

 

We are not going to comply, selling off the last few FFL items and surrendering our FFL.

Mission accomplished.

 

I don't know that there is much else that can be done for small guys like me. I do this as a hobby and don't move enough to pay for the requirements. I will take my small business to a state that welcomes me and my type as soon as possible.

Link to comment
Share on other sites

 

 

We are not going to comply, selling off the last few FFL items and surrendering our FFL.

Mission accomplished.

I don't know that there is much else that can be done for small guys like me. I do this as a hobby and don't move enough to pay for the requirements. I will take my small business to a state that welcomes me and my type as soon as possible.

That's why they passed the law, they will drive as many dealers out of business as possible because they know that small dealers cannot afford to pay for their requirements.

Link to comment
Share on other sites

#26: On or before January 2, 2020, each certified licensee maintaining an inventory of firearms for sale or transfer must be connected to an alarm monitoring system or service that will notify its local law enforcement agency of an unauthorized intrusion into the premises of the licensee where the firearm inventory is maintained.

Will they allow a wireless alarm system or is ISP going to require a hard wired system ???

Link to comment
Share on other sites

Archived

This topic is now archived and is closed to further replies.

  • Recently Browsing   0 members

    • No registered users viewing this page.
×
×
  • Create New...