As part of the Gun Dealer Licensing Act, the Illinois State Police (ISP) have been given rule marking authority. As such the ISP has submitted proposed EMERGENCY rules to the Illinois Joint Committee on Administrative Rules (JCAR).
The Gun Dealer Licensing proposed (advanced copy received January 7th) emergency rules document is titled JCAR4403201232E and is 29 pages in length. This document includes such information as definitions, how to apply, how to measure distance, fees, penalties, and copies of required signage.
If adopted the Gun Dealer Licensing Emergency Rules shall be in effect for a maximum of 150 days.
You may review an advanced copy of the proposed Gun Dealer Licensing Emergency Rules by downloading [download id=”4252″]. The official copy has been published January 17th, 2020. Illinois Register website.
The following synopsis has been provided by Federal Firearm Licensees of Illinois (FFL-IL)…
The ILLINOIS STATE POLICE adopted a new Part by emergency rulemaking titled Firearm Dealer License Certification Act (20 IAC 1232; 44 Ill Reg 1681) effective 1/ 3/20 for a maximum of 150 days. The companion proposed rule was published in the 8/23/19 Illinois Register at 43 Ill Reg 9084. The emergency rule immediately implements many of the provisions of the proposed rulemaking with some revisions and clarifications. It implements Public Act 100-1178, which requires all Illinois holders of a Federal Firearms License (FFL) to additionally receive certification from the State in order to sell, lease or otherwise transfer firearms. The new Part sets forth the conditions and process for obtaining State certification of an FFL as follows.
The emergency rule includes new and revised definitions clarifying who is considered to be engaged in the business of dealing, selling, leasing, or otherwise transferring firearms with the principal objective of livelihood and profit, which makes them subject to the Act and this Part. Entities excluded from this definition and NOT subject to these rules include: — gunsmiths who merely service or repair firearms and return them to the customer; — collectors of firearms as curios or relics; — firearms manufacturers or importers who do not sell, lease or transfer them at wholesale or retail to individual purchasers; — pawnshops that acquire firearms only for bailment; and — persons/entities engaging only in transactions not subject to a State or federal background check. A “principal objective of livelihood and profit” means that the person engages in the sale/transfer of firearms as an income-generating business. It does not include persons whose primary objective is to improve or liquidate a personal collection, nor does it include persons who regularly purchase and dispose of firearms for criminal purposes.
Every FFL licensee shall file with ISP a copy of its FFL, along with a sworn affidavit indicating that the license is currently valid and belongs to the licensee. This State certification must be renewed every 3 years when the FFL is renewed. ISP may, in lieu of requiring an affidavit, verify the validity of an FFL via any authentication system or website approved by the federal Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Applicants for certification must also submit an affidavit listing the name and Firearm Owner’s Identification Card (FOID) number of each owner, employee, or other agent who sells or transfers firearms for the licensee and attesting that each of these persons is at least 21 years old, holds a currently valid FOID card and (if a certification is being renewed) has completed the training required by the Firearm Dealer License Certification Act.
For FFL licensees without a retail location, the application fee is $300 for initial certification and $100 for a renewal certification. For licensees with retail locations, the application fee is $1,200 (in the proposed rule, $1,500) for initial certification and $500 for renewal. Total fees for certification of multiple licenses (e.g., retail stores at different locations) cannot exceed $40,000. Initial certification fees for new applicants who held current FFL licenses as of 1/18/19 shall be prorated based on the number of months remaining on the applicant’s current FFL. Overpayments will be credited toward the cost of the licensee’s next renewal, or may be refunded to the licensee upon written request.
All certified licensees (CLs) shall allow inspection of their place of business by ISP and other law enforcement agencies during all hours of operation when firearms are sold, leased or transferred. All records, documents and firearms shall be made accessible upon request of ISP or the LE agency. No more than one unannounced inspection may be conducted per year without good cause. A CL that is not open to the public, does not keep regular business hours or operates by appointment only shall advise ISP in writing of its hours of operation.
No later than 1/2/20, CLs that maintain an inventory of firearms for sale or transfer must be connected to an alarm system or service that notifies local law enforcement of any unauthorized intrusion. This system must include features such as duress/holdup silent alarms and backup electrical power. By 1/2/21, all CLs operating retail locations must have a video surveillance system in place. The system must monitor all entrances and exits and any inside areas where firearms are stored, handled, sold or transferred. Video surveillance records and sound recordings obtained from them must be retained for at least 90 days. (Additional specifications for video surveillance systems that are included in the proposed rule are not included in the emergency rule.)
CLs operating retail locations on or after 1/2/20 must use electronic-based recordkeeping for all acquisition and disposition records currently required by federal law. Retail sales and purchases must be recorded within 24 hours after the transaction. Shipments from manufacturers or wholesalers must be recorded within 24 hours after unpacking or 5 business days after shipping, whichever is earlier. Inventory, acquisition and disposition records must be made available to ISP or local law enforcement upon request. An alternate method of recordkeeping may be used with ISP approval if good cause is shown and the records can be clearly uploaded in a PDF format.
CLs with retail locations must develop and submit to ISP (using a form and method provided on the Department’s website) their written plans for safe storage of firearms and ammunition during retail hours, after closing, and in the event of a disaster. Storage procedures must include keeping all inventoried firearms in a safe, vault, secured room or locked display and in a location accessible only to specifically authorized personnel; insuring that all keys, lock combinations, passwords or other security measures are accessible only to specifically authorized personnel; and keeping ammunition stored securely out of the reach of customers. Any loss, theft or diversion of inventoried firearms from a retail location must be reported to ATF and local law enforcement within 48 hours and a copy of the notification must also be submitted to ISP.
Each location where a CL conducts business must post two signs (templates are provided in the rule and at ISP’s website). One sign must notify patrons that the premises are under video surveillance and that their images may be recorded. The other sign must advise patrons that the following actions are unlawful: storing or leaving unsecured firearms where children can access them, selling or transferring firearms to someone else without receiving approval from ISP, and failing to report the loss or theft of a firearm to local law enforcement within 72 hours.
Every CL and employees who sell or transfer firearms must complete ISP-approved training (at a minimum, covering materials made available via the ISP website or other means) prior to certification and annually thereafter. Newly hired employees must complete this training before selling or transferring any firearms or ammunition. The CL must submit an affidavit to ISP verifying that the licensee and any applicable employees have completed this training.
Penalties and Appeals
Disciplinary actions for any violation of the Act or this Part may include suspension or revocation of license certification, refusal to renew or restore a certification, or a reprimand. Additionally, a fine
Emergency Rules may be imposed based on the seriousness and frequency of the violation. Fines range from a maximum of $200 for a first-time petty violation up to $10,000 per offense for repeated major violations. Procedures for notifying CLs of violations and for CLs to request hearings or appeals are included in the Part.
Questions/requests for copies: Yvette C. Loizon, ISP, 801 S. Seventh St., Suite 1000-S, Springfield IL 62703, 217/7827658
For comparison, the previously proposed permanent administrative rules and analysis may be found here… https://www.gunrights4illinois.com/blog/gun-dealer-licensing-proposed-rules-released-for-review-and-comment/