Illinois 100th Regular Session Status: Enacted 15 D cosponsors

SB 337 — GUN DEALER LICENSING-VARIOUS

Last action — Public Act . . . . . . . . . 100-1178

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 24, 2017. Enacted.

Prognosis

Likely to advance 82% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 29 sponsors

    0 primary, 29 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (15 D).

  • Cleared a recorded vote

    Passed 3 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Amends the Child Care Act of 1969. Makes a technical change in a Section concerning background investigations.

Bill Text

What changed in the latest version

753 added · 698 removed

Plain-language change summary

The latest version of Bill SB 337 makes a few notable changes regarding the sale and transfer of firearms. It clarifies the definition of a "retail location" to specifically mention that it must be a store open to the public, excluding gun shows from this definition. Additionally, the timeline for obtaining a certification to sell firearms has been extended from 90 days to 180 days after the law takes effect. These changes are important because they tighten regulations around where firearms can be sold and give businesses more time to comply with licensing requirements.

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SB0337 Engrossed LRB100 05120 SMS 15130 b AN ACT concerning regulation.
SB0337 Enrolled LRB100 05120 SMS 15130 b AN ACT concerning regulation.
"License" means a Federal Firearms License authorizing a SB0337 Engrossed - 2 - LRB100 05120 SMS 15130 b person or entity to engage in the business of dealing firearms.
"License" means a Federal Firearms License authorizing a SB0337 Enrolled - 2 - LRB100 05120 SMS 15130 b person or entity to engage in the business of dealing firearms.
"Retail location" means a store or similar location open to the public from which a certified licensee engages in the business of selling, transferring, or facilitating a sale or transfer of a firearm.
"Retail location" means a store open to the public from which a certified licensee engages in the business of selling, transferring, or facilitating a sale or transfer of a firearm.
For purposes of this Act, a gun show at which a certified licensee engages in business from time to time is not a retail location.
For purposes of this Act, a gun show or similar event at which a certified licensee engages in business from time to time is not a retail location.
The Department may by rule create a process for checking the validity of the license, in lieu of requiring an affidavit.
Section 5-15.
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.
SB0337 Enrolled - 3 - LRB100 05120 SMS 15130 b Section 5-15.
(a) Beginning 90 days after the effective date of this Act, it is unlawful for a person or entity to engage in the business of selling, leasing, or otherwise transferring firearms SB0337 Engrossed - 3 - LRB100 05120 SMS 15130 b without a valid certificate of license issued under this Act.
(a) Beginning 180 days after the effective date of this Act, 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.
In the event that a person or entity maintains multiple licenses to engage in business at multiple locations, under the same business name or a different business name, then each license and location must receive its own certification.
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.
Notwithstanding the provisions of Section 5-85, in addition to any penalty imposed under this Section, any certificate of license obtained under this Act due to material misstatement or fraudulent misrepresentation shall automatically be revoked.
Notwithstanding the provisions of Section 5-85, in addition to any penalty imposed under this Section, any certificate of license obtained under SB0337 Enrolled - 4 - LRB100 05120 SMS 15130 b this Act due to material misstatement or fraudulent misrepresentation shall automatically be revoked.
(e) In addition to any other penalty provided by law, any SB0337 Engrossed - 4 - LRB100 05120 SMS 15130 b person or entity who violates any provision of this Section shall pay a civil penalty to the Department in an amount not to exceed $10,000 for each offense, as determined by the Department.
(e) In addition to any other penalty provided by law, any person or entity who violates any provision of this Section shall pay a civil penalty to the Department in an amount not to exceed $10,000 for each offense, as determined by the Department.
(g) The civil penalty shall be paid within 60 days after the effective date of the order imposing the civil penalty.
(g) The civil penalty shall be paid within 90 days after the effective date of the order imposing the civil penalty.
(h) In the event the certification of a certified licensee is revoked, it shall be a violation of this Act for the revoked licensee to seek certification of a license held under a different name, or to re-open as a certified licensee under another name using the same license or as the same person or entity doing business under a different name.
(h) In the event the certification of a certified licensee is revoked, it shall be a violation of this Act for the revoked licensee to seek certification of a license held under a different business name, or to re-open as a certified licensee under another business name using the same license or as the same person or entity doing business under a different business SB0337 Enrolled - 5 - LRB100 05120 SMS 15130 b name.
The business address for the entity shall be the complete street address where firearms in the SB0337 Engrossed - 5 - LRB100 05120 SMS 15130 b inventory of the entity are regularly stored, shall be located within the State, and may not be a Post Office Box.
The business address for the entity shall be the complete street address where firearms in the inventory of the entity are regularly stored, shall be located within the State, and may not be a Post Office Box.
(C) if a corporation, then the name, address of record, and title of each corporate officer and director, and each owner of more than 5% of the corporation, the corporate names, and the name of the state of incorporation;
(C) if a corporation, then the name, address of record, and title of each corporate officer and each owner of more than 5% of the corporation, the corporate names by and which the certified licensee sells, transfers, or facilitates transfers of firearms, and SB0337 Enrolled - 6 - LRB100 05120 SMS 15130 b the name of the state of incorporation;
(a) A certified licensee shall make a photo copy of a buyer's or transferee's valid photo identification card SB0337 Engrossed - 6 - LRB100 05120 SMS 15130 b whenever a firearm sale transaction takes place.
(a) 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.
"With few exceptions, it is unlawful for you to:
"With few exceptions enumerated in the Firearm Owners Identification Card Act, it is unlawful for you to:
(c) 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.
This sign shall be created by the Department and made available for printing or downloading from the Department's website.
SB0337 Enrolled - 7 - LRB100 05120 SMS 15130 b (c) 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.
(1) temporary transfers of firearms solely for use at the location or on the premises where the transfer takes SB0337 Engrossed - 7 - LRB100 05120 SMS 15130 b place, such as transfers at a shooting range for use at that location;
(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;
(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;
(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 SB0337 Enrolled - 8 - LRB100 05120 SMS 15130 b Identification Card;
SB0337 Engrossed - 8 - LRB100 05120 SMS 15130 b (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;
(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;
or (11) transfers between a pawnshop and a customer which amount to a bailment.
or SB0337 Enrolled - 9 - LRB100 05120 SMS 15130 b (11) transfers between a pawnshop and a customer which amount to a bailment.
The Department may adopt rules regarding continuing education for certified licensees.
The Department may adopt rules regarding continuing education for certified licensees related to legal requirements and responsible business practices regarding the sale or transfer of firearms.
SB0337 Engrossed - 9 - LRB100 05120 SMS 15130 b Licensees shall have their places of business open for inspection by the Department and law enforcement during all hours of operation, provided that the Department or law enforcement may conduct no more than one unannounced inspection per business per year without good cause.
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.
Licensees shall make all records, documents, and firearms accessible for inspection upon the request of the Department or law enforcement agency.
During an inspection, licensees shall make all records, documents, and firearms accessible for inspection upon the request of the Department or law enforcement agency.
Section 5-40.
SB0337 Enrolled - 10 - LRB100 05120 SMS 15130 b Section 5-40.
(b) In addition to the affidavit required under subsection (a), within 30 days of a new owner, employee, or other agent beginning selling or conducting transfers of firearms for the certified licensee, the certified licensee shall submit an affidavit to the Department stating the date that the new owner, employee, or other agent began selling or conducting SB0337 Engrossed - 10 - LRB100 05120 SMS 15130 b transfers of firearms for the certified licensee, and providing the information required in subsection (a) for that new owner, employee, or other agent.
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.
(c) Each certified licensee must not have had a license or permit to sell, lease, transfer, purchase, or possess firearms from the federal government or the government of any state or subdivision of any state revoked or suspended for good cause within the preceding 3 years.
(b) In addition to the affidavit required under subsection (a), within 30 days of a new owner, employee, or other agent beginning selling or conducting transfers of firearms for the certified licensee, the certified licensee shall submit an affidavit to the Department stating the date that the new owner, employee, or other agent began selling or conducting transfers of firearms for the certified licensee, and providing the information required in subsection (a) for that new owner, SB0337 Enrolled - 11 - LRB100 05120 SMS 15130 b employee, or other agent.
The Department may consider the revocation or suspension within the context of the conduct of the certified licensee within this State, the number of retail locations the certified licensee or any related person or entity operates in this State or in other states, under the same or different business names, and the severity of the infraction leading to revocation or suspension.
(c) 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.
In making a determination of whether or not to revoke or suspend a certified license in this State, the Department shall consider the number of retail locations the certified licensee or any related person or entity operates in this State or in other states under the same or different business names, and the severity of the infraction in the state in which a license was revoked or suspended.
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 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.
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.
SB0337 Engrossed - 11 - LRB100 05120 SMS 15130 b Section 5-50.
The licensee may file an emergency motion with the Director or a hearing officer SB0337 Enrolled - 12 - LRB100 05120 SMS 15130 b authorized by the Department to quash a subpoena issued by the Department.
If the Director or hearing officer determines that the subpoena was issued without good cause, the Director or hearing officer may quash the subpoena.
Section 5-50.
(a) 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 are stored, handled, sold, transferred, or carried, and each entrance and exit.
(a) 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.
If a video security system is deemed inadequate by the Department, the licensee shall have 30 days to correct the inadequacy.
The Department shall submit to the licensee a written statement describing the specific inadequacies.
(c) 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.
This sign shall be created by the Department and available for printing or downloading from the Department's website.
SB0337 Enrolled - 13 - LRB100 05120 SMS 15130 b (c) 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.
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In addition to adequate locks, exterior lighting, surveillance cameras, alarm systems, and other anti-theft measures and SB0337 Engrossed - 12 - LRB100 05120 SMS 15130 b 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.
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.
The Department may reject the plan if it is inadequate, along with a written statement describing the inadequacy.
The Department may reject the plan if it is inadequate, along with a written statement describing the specific inadequacies.
In the event there are still problems with the corrected plan, the certified licensee shall have 60 days from each notice of an inadequate plan to submit a corrected plan.
In the event there are still problems with the corrected plan, the Department shall note the specific inadequacies in writing and the certified licensee shall have 60 days from each notice of an inadequate plan to submit a corrected plan.
A certified licensee may operate at all times that a plan is on file with the Department, and during times permitted by this Section to prepare and submit corrected plans.
A certified licensee may operate at all times that a plan is on file with the SB0337 Enrolled - 14 - LRB100 05120 SMS 15130 b Department, and during times permitted by this Section to prepare and submit corrected plans.
The Department may adopt rules regarding the adequacy of a safe storage plan.
The Department shall adopt rules regarding the adequacy of a safe storage plan.
The rules shall take into account the various types and sizes of the entities involved, and shall comply with all relevant State and federal laws.
The Department shall develop and implement by rule a statewide SB0337 Engrossed - 13 - LRB100 05120 SMS 15130 b standard for assisting certified licensees in recognizing indicators that would lead a reasonable dealer to refuse sale of a firearm.
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.
On or before January 2, 2020, each certified licensee 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.
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.
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.
SB0337 Enrolled - 15 - LRB100 05120 SMS 15130 b 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.
The Department shall consider the number of retail locations operated by the certified licensee in this State, under the SB0337 Engrossed - 14 - LRB100 05120 SMS 15130 b same or different business names, and shall set fees appropriate for certifying multiple licenses operated by the certified licensee.
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.
However, the Department is not required to renew a certification if a prior certification has been revoked or suspended.
However, the Department is not required to renew a certification if a prior SB0337 Enrolled - 16 - LRB100 05120 SMS 15130 b certification has been revoked or suspended.
Each certified licensee shall keep, either in electronic form or hard copy, all inventory records for a period of time no less than the time required under 27 CFR 478.129 or any subsequent law that regulates the retention of records.
Each certified licensee shall keep, either in electronic form or hard copy, all acquisition and disposition records for a period of time no less than the time required under 27 CFR 478.129 or any subsequent law that regulates the retention of records.
(a) 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 SB0337 Engrossed - 15 - LRB100 05120 SMS 15130 b 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, consistent with the Protection of Lawful Commerce in Arms Act, 15 U.S.C.
(a) 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, consistent with the Protection of Lawful Commerce in Arms Act, 15 U.S.C.
(3) Aiding or assisting another person in violating any provision of this Act or rules adopted under this Act.
(3) Aiding or assisting another person in violating any SB0337 Enrolled - 17 - LRB100 05120 SMS 15130 b provision of this Act or rules adopted under this Act.
SB0337 Engrossed - 16 - LRB100 05120 SMS 15130 b (7) Receiving, directly or indirectly, compensation for any firearms sold or transferred illegally.
(7) Receiving, directly or indirectly, compensation for any firearms sold or transferred illegally.
(11) A fraudulent or material misstatement in the completion of an affirmative obligation or inquiry by law enforcement.
SB0337 Enrolled - 18 - LRB100 05120 SMS 15130 b (11) A fraudulent or material misstatement in the completion of an affirmative obligation or inquiry by law enforcement.
(b) All fines imposed under this Section shall be paid within 60 days after the effective date of the final order imposing the fine.
(b) All fines imposed under this Section shall be paid within 90 days after the effective date of the final order imposing the fine.
SB0337 Engrossed - 17 - LRB100 05120 SMS 15130 b Section 5-95.
Section 5-95.
(b) The Department shall, before disciplining a licensee under Section 5-85 or refusing to issue a certificate of license, at least 30 days before the date set for the hearing, (i) notify the accused in writing of the charges made and the time and place for the hearing on the charges, (ii) direct him or her to file a written answer to the charges under oath within 20 days after service, and (iii) inform the licensee that failure to answer will result in a default being entered against the licensee.
(b) The Department shall, before disciplining a licensee under Section 5-85 or refusing to issue a certificate of license, at least 30 days before the date set for the hearing, (i) notify the accused in writing of the charges made and the time and place for the hearing on the charges, (ii) direct him or her to file a written answer to the charges under oath within 20 days after service, and (iii) inform the licensee SB0337 Enrolled - 19 - LRB100 05120 SMS 15130 b that failure to answer will result in a default being entered against the licensee.
In case the person, after receiving the notice, fails to file an answer, his, her, or its license may, in the discretion of the Director, having first received the recommendation of the Director, be suspended, revoked, or placed on probationary status, or be subject to whatever disciplinary action the Director considers proper, including limiting the scope, nature, or extent of the person's business, or the imposition SB0337 Engrossed - 18 - LRB100 05120 SMS 15130 b of a fine, without hearing, if the act or acts charged constitute sufficient grounds for that action under this Act.
In case the person, after receiving the notice, fails to file an answer, his, her, or its license may, in the discretion of the Director, having first received the recommendation of the Director, be suspended, revoked, or placed on probationary status, or be subject to whatever disciplinary action the Director considers proper, including limiting the scope, nature, or extent of the person's business, or the imposition of a fine, without hearing, if the act or acts charged constitute sufficient grounds for that action under this Act.
Section 5-100.
SB0337 Enrolled - 20 - LRB100 05120 SMS 15130 b Section 5-100.
Within 20 calendar days after service, the licensee may present to the Department a motion in writing for a rehearing, which shall SB0337 Engrossed - 19 - LRB100 05120 SMS 15130 b specify the particular grounds for rehearing.
Within 20 calendar days after service, the licensee may present to the Department a motion in writing for a rehearing, which shall specify the particular grounds for rehearing.
If the licensee orders from the reporting service and pays for a transcript of the record within the time for filing a motion for rehearing, the 20-day period within which a motion may be filed shall commence upon the delivery of the transcript to the licensee.
If the licensee orders from the reporting service and pays for a transcript of the record within the time for filing a motion for rehearing, the 20-day period within which a motion may be filed shall commence upon the delivery of the transcript to the SB0337 Enrolled - 21 - LRB100 05120 SMS 15130 b licensee.
However, when the certification of a certified licensee is suspended, the certified licensee shall not operate as a certified licensee during the period in which the certificate is suspended and, if operating during that period, shall be operating in violation of subsection (a) of Section SB0337 Engrossed - 20 - LRB100 05120 SMS 15130 b 5-15 of this Act.
However, when the certification of a certified licensee is suspended, the certified licensee shall not operate as a certified licensee during the period in which the certificate is suspended and, if operating during that period, shall be operating in violation of subsection (a) of Section 5-15 of this Act.
At any time after the successful completion of a term of indefinite probation, indefinite suspension, or revocation of a certificate of license, the Department may restore it to the licensee, unless, after an investigation and a hearing, the Director determines that restoration is not in the public interest.
At any time after the successful SB0337 Enrolled - 22 - LRB100 05120 SMS 15130 b completion of a term of probation, suspension, or revocation of a certificate of license, the Department may restore it to the licensee, unless, after an investigation and a hearing, the Director determines that restoration is not in the public interest.
The proceedings SB0337 Engrossed - 21 - LRB100 05120 SMS 15130 b for judicial review shall be commenced in the circuit court of the county in which the party applying for review resides, but if the party is not a resident of this State, the venue shall be in Sangamon County.
The proceedings for judicial review shall be commenced in the circuit court of the county in which the party applying for review resides, but if the party is not a resident of this State, the venue shall be in Sangamon County.
Failure on the part of the applicant or licensee to file a receipt in court is grounds for dismissal of the action.
Failure on the part of the applicant or licensee to file a receipt in court is SB0337 Enrolled - 23 - LRB100 05120 SMS 15130 b grounds for dismissal of the action.
Section 5-120.
Federal agencies and investigations.
Nothing in this Act shall be construed to interfere with any federal agency or any federal agency investigation.
All Department rules adopted under this Act shall comply with federal law.
The Department may as necessary coordinate efforts with relevant State and federal law enforcement agencies to enforce this Act.
This Article 5 may be cited as SB0337 Engrossed - 22 - LRB100 05120 SMS 15130 b the Gun Trafficking Information Act.
This Article 5 may be cited as the Gun Trafficking Information Act.
Section 10-5.
SB0337 Enrolled - 24 - LRB100 05120 SMS 15130 b Section 10-5.
The Department shall, to the extent not inconsistent with law, share such reports and underlying data with academic centers, foundations, and law enforcement agencies studying firearms trafficking, provided that SB0337 Engrossed - 23 - LRB100 05120 SMS 15130 b personally identifying information is protected.
The Department shall, to the extent not inconsistent with law, share such reports and underlying data with academic centers, foundations, and law enforcement agencies studying firearms trafficking, provided that personally identifying information is protected.
For purposes of this subsection (b), a Firearm Owner's Identification Card number is not personally identifying information, provided that no other personal information of the card holder is attached to the record.
For purposes of this subsection (b), a Firearm Owner's Identification Card number is not personally identifying information, provided SB0337 Enrolled - 25 - LRB100 05120 SMS 15130 b that no other personal information of the card holder is attached to the record.
SB0337 Engrossed - 24 - LRB100 05120 SMS 15130 b Section 15-5.
Section 15-5.
(430 ILCS 65/3) (from Ch.
SB0337 Enrolled - 26 - LRB100 05120 SMS 15130 b (430 ILCS 65/3) (from Ch.
(a-10) Notwithstanding item (2) of subsection (a) of this Section, any person who is not a federally licensed firearm dealer and who desires to transfer or sell a firearm or SB0337 Engrossed - 25 - LRB100 05120 SMS 15130 b firearms to any person who is not a federally licensed firearm dealer shall, before selling or transferring the firearms, contact the Department of State Police with the transferee's or purchaser's Firearm Owner's Identification Card number to determine the validity of the transferee's or purchaser's Firearm Owner's Identification Card.
(a-10) Notwithstanding item (2) of subsection (a) of this Section, any person who is not a federally licensed firearm dealer and who desires to transfer or sell a firearm or firearms to any person who is not a federally licensed firearm dealer shall, before selling or transferring the firearms, contact the Department of State Police with the transferee's or SB0337 Enrolled - 27 - LRB100 05120 SMS 15130 b purchaser's Firearm Owner's Identification Card number to determine the validity of the transferee's or purchaser's Firearm Owner's Identification Card.
The purchaser or transferee may be required by the federally licensed firearm dealer to pay a fee not to exceed $10 per firearm, which the dealer may retain as SB0337 Engrossed - 26 - LRB100 05120 SMS 15130 b compensation for performing the functions required under this paragraph, plus the applicable fees authorized by Section 3.1;
The purchaser or transferee may be required by the federally licensed firearm dealer to pay a fee not to exceed $10 per firearm, which the dealer may retain as compensation for performing the functions required under this paragraph, plus the applicable fees authorized by Section 3.1;
(2) transfers as a bona fide gift to the transferor's husband, wife, son, daughter, stepson, stepdaughter, father, mother, stepfather, stepmother, brother, sister, nephew, niece, uncle, aunt, grandfather, grandmother, grandson, granddaughter, father-in-law, mother-in-law, son-in-law, or daughter-in-law;
SB0337 Enrolled - 28 - LRB100 05120 SMS 15130 b (2) transfers as a bona fide gift to the transferor's husband, wife, son, daughter, stepson, stepdaughter, father, mother, stepfather, stepmother, brother, sister, nephew, niece, uncle, aunt, grandfather, grandmother, grandson, granddaughter, father-in-law, mother-in-law, son-in-law, or daughter-in-law;
(7) transfers to a law enforcement or corrections SB0337 Engrossed - 27 - LRB100 05120 SMS 15130 b agency or a law enforcement or corrections officer acting within the course and scope of his or her official duties;
(7) transfers to 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 of firearms that have been rendered permanently inoperable to a nonprofit historical society, museum, or institutional collection;
(8) transfers of firearms that have been rendered SB0337 Enrolled - 29 - LRB100 05120 SMS 15130 b permanently inoperable to a nonprofit historical society, museum, or institutional collection;
if the transfer was not completed within this SB0337 Engrossed - 28 - LRB100 05120 SMS 15130 b State, the record shall contain the name and address of the transferee.
if the transfer was not completed within this State, the record shall contain the name and address of the transferee.
On demand of a peace officer such transferor shall produce for inspection such record of transfer.
On SB0337 Enrolled - 30 - LRB100 05120 SMS 15130 b demand of a peace officer such transferor shall produce for inspection such record of transfer.
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.
(c) The provisions of this Section regarding the transfer of firearm ammunition shall not apply to those persons SB0337 Engrossed - 29 - LRB100 05120 SMS 15130 b specified in paragraph (b) of Section 2 of this Act.
SB0337 Enrolled - 31 - LRB100 05120 SMS 15130 b (c) The provisions of this Section regarding the transfer of firearm ammunition shall not apply to those persons specified in paragraph (b) of Section 2 of this Act.
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Action History

  1. Public Act . . . . . . . . . 100-1178

  2. Effective Date January 18, 2019

  3. Governor Approved

  4. Sent to the Governor

  5. Passed Both Houses

  6. Motion Withdrawn Sen. John J. Cullerton

  7. Added as Co-Sponsor Sen. Antonio Muñoz

  8. Motion Filed to Reconsider Vote Sen. John J. Cullerton

  9. Added as Co-Sponsor Sen. Kwame Raoul

  10. Added as Chief Co-Sponsor Sen. John J. Cullerton

  11. Senate Concurs

  12. House Floor Amendment No. 1 Senate Concurs 035-020-000

  13. House Floor Amendment No. 1 Motion To Concur Recommended Do Adopt Executive; 012-003-001

  14. House Floor Amendment No. 1 Motion to Concur Assignments Referred to Executive

  15. Added as Co-Sponsor Sen. Daniel Biss

  16. House Floor Amendment No. 1 Motion to Concur Referred to Assignments

  17. House Floor Amendment No. 1 Motion to Concur Filed with Secretary Sen. Don Harmon

  18. Placed on Calendar Order of Concurrence House Amendment(s) 1 - May 30, 2018

  19. Secretary's Desk - Concurrence House Amendment(s) 1

  20. House Floor Amendment No. 2 Tabled Pursuant to Rule 40

  21. Third Reading - Unlimited Debate - Passed 065-049-000

  22. Motion Prevailed

  23. Motion - Move to Previous Question Rep. Chad Hays

  24. Placed on Calendar Order of 3rd Reading - Unlimited Debate

  25. Removed from Standard Debate Status

  26. Placed on Calendar Order of 3rd Reading - Standard Debate

  27. Removed from Short Debate Status

  28. House Floor Amendment No. 2 Referred to Rules Committee

  29. House Floor Amendment No. 2 Filed with Clerk by Rep. Kathleen Willis

  30. Placed on Calendar Order of 3rd Reading - Short Debate

  31. House Floor Amendment No. 1 Adopted

  32. Added Alternate Co-Sponsor Rep. Barbara Flynn Currie

  33. House Floor Amendment No. 1 Recommends Be Adopted Rules Committee; 004-000-000

  34. House Floor Amendment No. 1 Referred to Rules Committee

  35. House Floor Amendment No. 1 Filed with Clerk by Rep. Kathleen Willis

  36. Final Action Deadline Extended-9(b) May 31, 2018

  37. Held on Calendar Order of Second Reading - Short Debate

  38. Second Reading - Short Debate

  39. Placed on Calendar 2nd Reading - Short Debate

  40. Do Pass / Short Debate Judiciary - Criminal Committee; 008-003-000

  41. Added Alternate Co-Sponsor Rep. Will Guzzardi

  42. Added Alternate Co-Sponsor Rep. André Thapedi

  43. Added Alternate Co-Sponsor Rep. Luis Arroyo

  44. Added Alternate Co-Sponsor Rep. Juliana Stratton

  45. Alternate Co-Sponsor Removed Rep. Camille Y. Lilly

  46. Added Alternate Chief Co-Sponsor Rep. Camille Y. Lilly

  47. Alternate Chief Co-Sponsor Removed Rep. Juliana Stratton

  48. Added Alternate Co-Sponsor Rep. Camille Y. Lilly

  49. Added Alternate Co-Sponsor Rep. Martin J. Moylan

  50. Added Alternate Co-Sponsor Rep. John Connor

  51. Added Alternate Co-Sponsor Rep. Laura Fine

  52. Added Alternate Co-Sponsor Rep. Christian L. Mitchell

  53. Added Alternate Co-Sponsor Rep. Silvana Tabares

  54. Alternate Co-Sponsor Removed Rep. Steven A. Andersson

  55. Added Alternate Chief Co-Sponsor Rep. Steven A. Andersson

  56. Alternate Co-Sponsor Removed Rep. David S. Olsen

  57. Added Alternate Chief Co-Sponsor Rep. David S. Olsen

  58. Alternate Chief Co-Sponsor Removed Rep. John Connor

  59. Alternate Chief Co-Sponsor Removed Rep. Laura Fine

  60. Final Action Deadline Extended-9(b) May 25, 2018

  61. Assigned to Judiciary - Criminal Committee

  62. Added Alternate Co-Sponsor Rep. Jaime M. Andrade, Jr.

  63. Added Alternate Co-Sponsor Rep. Kelly M. Cassidy

  64. Added Alternate Co-Sponsor Rep. John C. D'Amico

  65. Referred to Rules Committee

  66. First Reading

  67. Added Alternate Co-Sponsor Rep. David S. Olsen

  68. Added Alternate Co-Sponsor Rep. Steven A. Andersson

  69. Added Alternate Co-Sponsor Rep. Marcus C. Evans, Jr.

  70. Added Alternate Co-Sponsor Rep. Robert Martwick

  71. Added Alternate Co-Sponsor Rep. Elizabeth Hernandez

  72. Added Alternate Co-Sponsor Rep. Kelly M. Burke

  73. Added Alternate Co-Sponsor Rep. Emanuel Chris Welch

  74. Added Alternate Co-Sponsor Rep. William Davis

  75. Added Alternate Co-Sponsor Rep. Anna Moeller

  76. Added Alternate Co-Sponsor Rep. Ann M. Williams

  77. Added Alternate Co-Sponsor Rep. Michael J. Zalewski

  78. Added Alternate Co-Sponsor Rep. Theresa Mah

  79. Added Alternate Co-Sponsor Rep. Deb Conroy

  80. Added Alternate Co-Sponsor Rep. Robyn Gabel

  81. Added Alternate Co-Sponsor Rep. Justin Slaughter

  82. Added Alternate Co-Sponsor Rep. Sonya M. Harper

  83. Added Alternate Chief Co-Sponsor Rep. John Connor

  84. Added Alternate Chief Co-Sponsor Rep. Jonathan Carroll

  85. Added Alternate Chief Co-Sponsor Rep. Juliana Stratton

  86. Alternate Co-Sponsor Removed Rep. John Connor

  87. Added Alternate Chief Co-Sponsor Rep. Laura Fine

  88. Added Alternate Co-Sponsor Rep. John Connor

  89. Added Alternate Co-Sponsor Rep. Michelle Mussman

  90. Added as Co-Sponsor Sen. Kimberly A. Lightford

  91. Chief House Sponsor Rep. Kathleen Willis

  92. Arrived in House

  93. Added as Co-Sponsor Sen. Mattie Hunter

  94. Added as Co-Sponsor Sen. Toi W. Hutchinson

  95. Third Reading - Passed; 035-018-002

  96. Placed on Calendar Order of 3rd Reading

  97. Senate Floor Amendment No. 4 Adopted; Harmon

  98. Senate Floor Amendment No. 3 Adopted; Harmon

  99. Recalled to Second Reading

  100. Added as Co-Sponsor Sen. Laura M. Murphy

  101. Senate Floor Amendment No. 4 Be Approved for Consideration Assignments

  102. Added as Co-Sponsor Sen. John F. Curran

  103. Added as Co-Sponsor Sen. Omar Aquino

  104. Added as Co-Sponsor Sen. Heather A. Steans

  105. Senate Floor Amendment No. 4 Referred to Assignments

  106. Senate Floor Amendment No. 4 Filed with Secretary by Sen. Don Harmon

  107. Senate Floor Amendment No. 3 Recommend Do Adopt Judiciary; 008-003-000

  108. Co-Sponsor Sen. Elgie R. Sims, Jr.

  109. Added as Co-Sponsor Sen. Chris Nybo

  110. Added as Chief Co-Sponsor Sen. Julie A. Morrison

  111. Senate Floor Amendment No. 3 Assignments Refers to Judiciary

  112. Added as Co-Sponsor Sen. David Koehler

  113. Senate Floor Amendment No. 3 Referred to Assignments

  114. Senate Floor Amendment No. 3 Filed with Secretary by Sen. Don Harmon

  115. Rule 2-10 Third Reading Deadline Established As May 31, 2018

  116. Placed on Calendar Order of 3rd Reading May 10, 2018

  117. Approved for Consideration Assignments

  118. Rule 2-10 Third Reading Deadline Established As May 11, 2018

  119. Rule 3-9(a) / Re-referred to Assignments

  120. Added as Co-Sponsor Sen. Cristina Castro

  121. Placed on Calendar Order of 3rd Reading May 3, 2018

  122. Senate Floor Amendment No. 2 Adopted; Harmon

  123. Recalled to Second Reading

  124. Senate Floor Amendment No. 2 Recommend Do Adopt Judiciary; 007-005-000

  125. Senate Floor Amendment No. 2 Assignments Refers to Judiciary

  126. Rule 2-10 Third Reading Deadline Established As May 3, 2018

  127. Senate Floor Amendment No. 2 Referred to Assignments

  128. Senate Floor Amendment No. 2 Filed with Secretary by Sen. Don Harmon

  129. Added as Co-Sponsor Sen. Patricia Van Pelt

  130. Added as Chief Co-Sponsor Sen. Iris Y. Martinez

  131. Added as Chief Co-Sponsor Sen. Jacqueline Y. Collins

  132. Placed on Calendar Order of 3rd Reading February 27, 2018

  133. Senate Floor Amendment No. 1 Adopted; Harmon

  134. Recalled to Second Reading

  135. Senate Floor Amendment No. 1 Recommend Do Adopt Executive; 011-005-000

  136. Senate Floor Amendment No. 1 Assignments Refers to Executive

  137. Added as Chief Co-Sponsor Sen. Kwame Raoul

  138. Added as Co-Sponsor Sen. Ira I. Silverstein

  139. Senate Floor Amendment No. 1 Referred to Assignments

  140. Senate Floor Amendment No. 1 Filed with Secretary by Sen. Don Harmon

  141. Chief Sponsor Changed to Sen. Don Harmon

  142. Placed on Calendar Order of 3rd Reading February 7, 2018

  143. Approved for Consideration Assignments

  144. Re-referred to Assignments

  145. Placed on Calendar Order of 3rd Reading March 29, 2017

  146. Second Reading

  147. Placed on Calendar Order of 2nd Reading March 28, 2017

  148. Do Pass Executive; 014-000-000

  149. Assigned to Executive

  150. Referred to Assignments

  151. First Reading

  152. Filed with Secretary by Sen. John J. Cullerton

Sponsors

Sponsorship breakdown

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0 sponsors · 29 co-sponsors · 154 not signed on · 24 voted No

Sponsors (0)

None.

Co-sponsors (29)

Not signed on (154)

154 members have not signed on to this bill.

Show all 154 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Concurrence, Amendment 1

Passed 35 Yea · 20 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 201302
Democrat 14001
Republican 1701
Total 352004
% of votes cast 59%34%0%7%
How each member voted (59)
Member Party Vote
Bertino-Tarrant — Not Voting
Biss — Yea
Bivins — Nay
Bush — Yea
Mulroe — Yea
Manar — Nay
Rooney — Yea
Link — Yea
Muñoz — Yea
Bennett — Yea
Harris — Yea
McGuire — Yea
Raoul — Yea
Silverstein — Yea
Cullerton — Yea
Clayborne — Yea
Hutchinson — Yea
Landek — Not Voting
McCann — Nay
McCarter — Nay
McConnaughay — Nay
Brady — Nay
Cullerton, T. — Nay
Connelly — Nay
Haine — Nay
Nybo — Yea
Oberweis — Yea
Righter — Nay
Sandoval — Yea
Schimpf — Nay
Steans — Yea
Althoff — Nay
Martinez — Yea
Barickman — Nay
Van Pelt — Yea
Bill Cunningham Democrat Yea
Cristina Castro Democrat Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Elgie R. Sims, Jr. Democrat Yea
Emil Jones, III Democrat Yea
Julie A. Morrison Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Not Voting
Mattie Hunter Democrat Yea
Michael E. Hastings Democrat Yea
Omar Aquino Democrat Yea
Steve Stadelman Democrat Yea
Chapin Rose Republican Nay
Dale Fowler Republican Nay
Dan McConchie Republican Not Voting
Dave Syverson Republican Nay
Jil Tracy Republican Nay
John F. Curran Republican Yea
Neil Anderson Republican Nay
Sue Rezin Republican Nay
Travis Weaver Republican Nay

Official roll call →

Third Reading

Passed 65 Yea · 49 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 393203
Republican 01200
Democrat 26501
Total 654904
% of votes cast 55%42%0%3%
How each member voted (118)
Member Party Vote
Batinick — Nay
Bellock — Yea
Bourne — Nay
Breen — Yea
Bristow — Nay
Butler — Nay
Carroll — Yea
Costello — Nay
Demmer — Nay
Riley — Yea
Stratton — Yea
Harris, Gregory — Yea
Hernandez — Yea
Burke, Kelly — Yea
Jones — Yea
Greenwood — Yea
Hurley — Yea
Lang — Yea
Long — Nay
Madigan — Yea
McAuliffe — Yea
Davis — Yea
Phillips — Nay
Williams — Yea
Mitchell, Christian — Yea
Skillicorn — Nay
Sommer — Nay
Stewart — Nay
Tabares — Yea
Thapedi — Yea
Bennett — Nay
Sauer — Nay
Turner — Yea
Unes — Nay
Brady — Nay
Wallace — Yea
Willis — Yea
Winger — Yea
Zalewski — Yea
Cavaletto — Nay
Connor — Yea
Conroy — Yea
Conyears-Ervin — Yea
Currie — Yea
D'Amico — Yea
Drury — Yea
Durkin — Yea
Flowers — Yea
Frese — Nay
Hays — Nay
Ives — Nay
Jimenez — Nay
McDermed — Nay
McSweeney — Nay
Wheeler, Barbara — Nay
Wheeler, Keith — Nay
Mitchell, Bill — Nay
Finnie, Natalie — Nay
Harris, David — Not Voting
Burke, Daniel — Not Voting
Fortner — Nay
Jesiel — Not Voting
Wehrli — Nay
Olsen — Yea
Parkhurst — Nay
Pritchard — Nay
Reis — Nay
Sente — Yea
Soto — Yea
Welter — Nay
Yingling — Yea
Andersson — Yea
Arroyo — Yea
Chapa LaVia — Yea
Anna Moeller Democrat Yea
Anthony DeLuca Democrat Yea
Camille Y. Lilly Democrat Yea
Carol Ammons Democrat Yea
Emanuel "Chris" Welch Democrat Yea
Fred Crespo Democrat Yea
Jaime M. Andrade, Jr. Democrat Yea
Jay Hoffman Democrat Nay
Jehan Gordon-Booth Democrat Yea
Julie A. Morrison Democrat Nay
Justin Slaughter Democrat Yea
Katie Stuart Democrat Yea
Kelly M. Cassidy Democrat Yea
La Shawn K. Ford Democrat Yea
Laura Fine Democrat Yea
Lawrence "Larry" Walsh, Jr. Democrat Nay
Marcus C. Evans, Jr. Democrat Yea
Martin J. Moylan Democrat Yea
Michael W. Halpin Democrat Nay
Michelle Mussman Democrat Yea
Natalie A. Manley Democrat Yea
Nicholas K. Smith Democrat Yea
Rita Mayfield Democrat Yea
Robert "Bob" Rita Democrat Not Voting
Robert F. Martwick Democrat Yea
Robyn Gabel Democrat Yea
Sara Feigenholtz Democrat Yea
Sonya M. Harper Democrat Yea
Stephanie A. Kifowit Democrat Yea
Sue Scherer Democrat Nay
Theresa Mah Democrat Yea
Will Guzzardi Democrat Yea
Brad Halbrook Republican Nay
Charles Meier Republican Nay
Christopher "C.D." Davidsmeyer Republican Nay
Dan Swanson Republican Nay
Dave Severin Republican Nay
Joe C. Sosnowski Republican Nay
John M. Cabello Republican Nay
Norine K. Hammond Republican Nay
Ryan Spain Republican Nay
Steven Reick Republican Nay
Terri Bryant Republican Nay
Tony M. McCombie Republican Nay

Official roll call →

Third Reading

Passed 35 Yea · 18 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 201104
Democrat 14001
Republican 1701
Total 351806
% of votes cast 59%31%0%10%
How each member voted (59)
Member Party Vote
Barickman — Nay
Bertino-Tarrant — Not Voting
Biss — Yea
Bivins — Nay
McCarter — Nay
Mulroe — Yea
Martinez — Yea
Rooney — Yea
Bennett — Yea
Harris — Yea
McGuire — Yea
Landek — Yea
Manar — Nay
McCann — Nay
Cullerton — Yea
McConnaughay — Not Voting
Muñoz — Yea
Raoul — Yea
Steans — Yea
Brady — Nay
Cullerton, T. — Nay
Bush — Yea
Clayborne — Yea
Connelly — Nay
Haine — Nay
Hutchinson — Yea
Nybo — Yea
Oberweis — Not Voting
Righter — Nay
Sandoval — Yea
Schimpf — Not Voting
Silverstein — Yea
Link — Yea
Althoff — Nay
Van Pelt — Yea
Bill Cunningham Democrat Yea
Cristina Castro Democrat Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Elgie R. Sims, Jr. Democrat Yea
Emil Jones, III Democrat Yea
Julie A. Morrison Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Not Voting
Mattie Hunter Democrat Yea
Michael E. Hastings Democrat Yea
Omar Aquino Democrat Yea
Steve Stadelman Democrat Yea
Chapin Rose Republican Nay
Dale Fowler Republican Nay
Dan McConchie Republican Not Voting
Dave Syverson Republican Nay
Jil Tracy Republican Nay
John F. Curran Republican Yea
Neil Anderson Republican Nay
Sue Rezin Republican Nay
Travis Weaver Republican Nay

Official roll call →

Subjects

public-safety
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Frequently asked questions

What does SB 337 do?
Amends the Child Care Act of 1969. Makes a technical change in a Section concerning background investigations.
Who sponsors SB 337?
SB 337 is sponsored by Don Harmon (Democrat), Michelle Mussman (Democrat), Sonya M. Harper (Democrat), Justin Slaughter (Democrat), Robyn Gabel (Democrat), Deb Conroy, Theresa Mah (Democrat), Michael J. Zalewski, Ann M. Williams (Democrat), Anna Moeller (Democrat), William "Will" Davis (Democrat), Emanuel Chris Welch, Kelly M. Burke, Marcus C. Evans, Jr. (Democrat), John C. D'Amico, Kelly M. Cassidy (Democrat), Jaime M. Andrade, Jr. (Democrat), Silvana Tabares, Christian L. Mitchell, Laura Fine (Democrat), John Connor, Martin J. Moylan, Juliana Stratton, Luis Arroyo, André Thapedi, Will Guzzardi (Democrat), Barbara Flynn Currie, Hernandez, Lisa, and Robert F. Martwick (Democrat).
What is the current status of SB 337?
This bill has been enacted into law. Introduced January 24, 2017. Enacted.
Where can I track SB 337?
Track SB 337 free on One Click Politics — get push/email alerts when it moves.

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