HB 990 — FIREARMS DEALERS LICENSE ACT

*LRB09403423RLC33425b* HB0990 94THEngrossed GENERALLRB094 ASSEMBLY03423 StateRLC of33425 Illinoisb andAN 2006ACT HB0990in Introducedrelation 2/3/2005,to byfirearms. Rep.

Deborah L.

Graham SYNOPSIS AS INTRODUCED:

New Act Creates the Firearms Dealer Licensing Act.

Requires a person who engages in the business of selling or transferring firearms to be licensed by the Department of State Police.

Establishes qualifications for licenses.

Provides that it is a Class 4 felony to engage in the business of selling or dealer who sells or transfers a firearm to a person who is not a licensed dealer to report that sale or transfer to the Department of State Police.

LRB094 03423 RLC 33425 b CORRECTIONAL FISCAL NOTE ACT BUDGET AND MAY APPLY IMPMAY APPLYACT A BILL FOR HB0990 LRB094 03423 RLC 33425 b AN ACT in relation to firearms.

This Act may be cited as the FirearmsHandgun Dealer Licensing Act.

"Firearms"Handgun dealer" means any person who is:

(i) engaged in the business of selling concealable firearms at wholesale or retail, (ii) engaged in the business of repairing concealable firearms or of making or fitting special barrels, stocks, or trigger mechanisms to concealable firearms, or (iii) a pawnbroker whose business or occupation includes the taking or receiving, by way of pledge or pawn, of any concealable firearm as security for the payment or repayment of money.

"Crime"Engaged punishablein bythe imprisonmentbusiness" formeans a termperson exceedingwho onedevotes year"time, attention, and labor to engaging in the activity as a regular course of trade or business with the principal objective of livelihood and profit, but does not include:include a person who makes occasional repairs of concealable firearms, or who occasionally fits special barrels, stocks, or trigger mechanisms to concealable firearms.

(i)"Transfer" anymeans federalthe actual or stateattempted offensestransfer pertainingof toa antitrustconcealable violations,firearm unfairor tradeconcealable practices,firearm restraintsammunition, ofwith trade, or otherwithout similarconsideration, offensesbut relatingdoes tonot include the regulationlease of businessa practices,concealable firearm, or (ii)the anyprovision stateof offenseammunition classifiedHB0990 byEngrossed - 2 - LRB094 03423 RLC 33425 b specifically for that firearm, if the lawsfirearm ofand the stateammunition asare ato misdemeanorbe used on the lessor’s premises, and punishabledoes bynot ainclude termany transfer of imprisonmentpossession ofwhen 2the yearstransferor maintains supervision and control over the concealable firearm or less.ammunition.

What"With constitutesthe aprincipal convictionobjective of alivelihood crimeand punishableprofit" bymeans imprisonmentthat forthe aintent termunderlying exceedingthe onesale yearor isdisposition determinedof inconcealable accordancefirearms withis thepredominantly lawone of theobtaining jurisdictionlivelihood inand whichpecuniary thegain, HB0990as -opposed 2to -other LRB094intents, 03423such RLCas 33425improving bor proceedingsliquidating werea held.personal firearms collection;

Any conviction that has been expunged, set aside, or for which a person has been pardoned or has had civil rights restored may not be considered a conviction for purposes of this Act unless the pardon, expungement, or restoration of civil rights expressly provides that the person may not possess or receive firearms.

"Engaged in the business" means a person who devotes time, attention, and labor to engaging in the activity as a regular course of trade or business with the principal objective of livelihood and profit, but does not include a person who makes occasional repairs of firearms, or who occasionally fits special barrels, stocks, or trigger mechanisms to firearms.

"Transfer" means the actual or attempted transfer of a firearm or firearm ammunition, with or without consideration, but does not include the lease of a firearm, or the provision of ammunition specifically for that firearm, if the firearm and the ammunition are to be used on the lessor’s premises, and does not include any transfer of possession when the transferor maintains supervision and control over the firearm or ammunition.

"With the principal objective of livelihood and profit" means that the intent underlying the sale or disposition of firearms is predominantly one of obtaining livelihood and pecuniary gain, as opposed to other intents, such as improving or liquidating a personal firearms collection;

HB0990 - 3 - LRB094 03423 RLC 33425 b (A) to intimidate or coerce a civilian population;

"Indictment" includes an indictment or information in any court under which a crime punishable by imprisonment for a term exceeding one year may be prosecuted.

HB0990 Engrossed - 3 - LRB094 03423 RLC 33425 b "Controlled substance" has the meaning ascribed to it in the Illinois Controlled Substances Act.

Unlicensed concealable firearms dealer;

No person may sell or otherwise transfer, or expose for sale or transfer, or have in his or her possession with intent to sell or transfer any concealable firearm without being licensed under this Act.

This prohibition does not apply to a person who makes occasional sales, exchanges, or purchases of concealable firearms for the enhancement of a personal collection or as a hobby or who sells all or part of his or her personal collection of firearms.

(a) The Department may grant a firearmshandgun dealer license to an applicant who submits evidence that:

(2) he or she, including in the case of a corporation, partnership, or association, an individual possessing, HB0990 - 4 - LRB094 03423 RLC 33425 b directly or indirectly, the power to direct or cause the direction of the management and policies of the corporation, partnership, or association:

(i) has not been convicted of anda isfelony not under indictmentthe forlaws aof crimethis punishableState byor imprisonmentanother forstate; a term exceeding one year;

and (3) he or she does not have a mental condition that HB0990 Engrossed - 4 - LRB094 03423 RLC 33425 b poses a clear and present danger to the applicant, another person, or to the community.

(b) An application for a firearmshandgun dealer license must be made on forms furnished by the Department.

(e) A person who knowingly makes a false statement or HB0990 - 5 - LRB094 03423 RLC 33425 b knowingly conceals a material fact or uses false information or identification in any application for a license under this Act commits a Class A misdemeanor.

HB0990 Engrossed - 5 - LRB094 03423 RLC 33425 b (1) A licensed dealer may only transact business under this Act at an address that has a zoning classification that permits the operation of a retail establishment.

Before a licensed dealer moves his or her place of business, he or she must promptly apply to the HB0990 - 6 - LRB094 03423 RLC 33425 b Department for an amended license.

(7) No concealable firearm may be displayed in any outer window of the premises or in any other place where it can readily be seen from the outside.

(8) Every concealable firearm must be unloaded when delivered.

(10) The licensee must take reasonable precautions to ensure that the concealable firearms the licensee sells will not be used illegally.

(i) the refusal to sell a concealable firearm to a person the licensee knows or has reason to know is purchasing the firearm on behalf of another person who could not legally purchase the firearm;

(ii) the refusal to sell a concealable HB0990 Engrossed - 6 - LRB094 03423 RLC 33425 b firearm to a person who has provided a home address in a municipality or county in which possession of that type of concealable firearm is illegal unless the transferee presents reasonably satisfactory evidence that the concealable firearm will not be used or possessed unlawfully in that municipality or county;

and (iii) the refusal to sell a concealable firearm to a person who has provided a home address in a municipality or county that requires registration of the firearm, unless the purchaser presents satisfactory evidence of compliance with the registration requirement.

(11) The licensee must make available the licensee’s records relating to the sale of concealable firearms to any officer or employee of the Department or of any unit of local government in this State whenever the officer or employee is authorized to enforce laws or ordinances pertaining to firearms.firearms;

provided, however, that no officer or employee may conduct any search or seizure without a warrant other than an inspection of a licensee’s records relating to firearms sales;