There we go. NOW we have something to rally the troops about.
Let's dissect this piece of trash now.
(3) sell, lease, or transfer firearms in quantity, in
series, or in any other manner indicative of trade.
So, a guy setting up a table at a gun show to sell of a part of his collection - say, 20 guns - is now qualifying to this, as he's "doing so in a manner indicative of trade?"
"Licensee" means a dealer or a dealership licensed under
15 this Act. Anyone who holds himself or herself out as a licensee
16 or who is accused of unlicensed business is considered a
17 licensee for purposes of enforcement, investigation, hearings,
18 and the Illinois Administrative Procedure Act.
Whoa, so if you are ACCUSED of having an unlicensed business you're now considered a licensee for purposes of the act? That's bull.
If you are accused of operating an unlicensed business you are assumed to need a license, and the department finds you "guilty" of a class A misdemeanor (up to a year in jail) *and* a $10,000 fine (in
addition to the $2,500 penalty assessed for the misdemeanor).
Nasty.
Ooh now we get to the meat. There's a limit in number of firearms an individual can sell each year before being considered "in the trade of", and that number is EIGHT.
Section 15. Exemptions. The provisions of this Act related
20 to the licensure of dealers and dealerships do not apply to a
21 person or other entity that engages in the following
22 activities:
23 (1) transfers of less than 8 firearms within each calendar
24 year;
The board who does the "approvals" will consist of..
1 Section 25. The Gun Dealer Licensing Board.
2 (a) The Gun Dealer Licensing Board shall consist of 5
3 members to be appointed by the Secretary. Each member shall
4 have a reasonable knowledge of the federal and State laws
5 regarding firearms. Each member shall either be a resident of
6 this State or shall certify that he or she will become a
7 resident of this State before taking office. The Board shall
8 consist of:
9 (1) one member with at least 5 years of service as a
10 county sheriff or chief of police of a municipal police
11 department within this State;
12 (2) one representative of the Department State Police
13 with at least 5 years investigative experience or duties
14 related to criminal justice;
15 (3) one member with at least 5 years of experience as a
16 federally licensed firearms dealer in good standing within
17 this State;
18 (4) one member who is a representative of an advocacy
19 group for public safety; and
20 (5) one member shall be a lawyer licensed to practice
21 law in this State. The membership shall reasonably reflect
22 the different geographic areas in this State.
I'm assuming on #4 they are talking about one of their Handgun Control Inc or Million Mad Mom's and not the National Rifle association, right?
1 Section 40. Continuing education. The Department may adopt
2 rules of continuing education for persons licensed under this
3 Act. The Department shall consider the recommendations of the
4 Board in establishing guidelines for the continuing education
5 requirements.
What is that vague garbage? Dealers will need to go through indoctrination camps?
oooooh there'll be a written test mandated.
6 Section 45. Examination of applicants; forfeiture of fee.
7 (a) Applicants for licensure as a dealer shall be examined
8 as provided by this Section if they are qualified to be
9 examined under this Act. All applicants taking the examination
10 shall be evaluated using the same standards as others who are
11 examined for the respective license.
12 (b) Examinations for licensure shall be held at such time
13 and place as the Department may determine, but shall be held at
14 least twice a year.
15 (c) Examinations shall test the amount of knowledge and
16 skill needed to perform the duties set forth in this Act and
17 comply with other provisions of federal and State law
18 applicable to the sale and transfer of firearms. The Department
19 may contract with a testing service for the preparation and
20 conduct of the examination.
21 (d) If an applicant neglects, fails, or refuses to take an
22 examination within one year after filing an application, the
23 fee shall be forfeited. However, an applicant may, after the
24 one-year period, make a new application for examination,
1 accompanied by the required fee. If an applicant fails to pass
2 the examination within 3 years after filing an application, the
3 application shall be denied. An applicant may make a new
4 application after the 3-year period.
In the future only those who have worked at a gun dealership will be able to apply for gun dealership license;
Section 50. Qualifications for licensure as a dealer.
10 (a) A person is qualified for licensure as a dealer if he
11 or she meets all of the following requirements:
.. snip
3 (4) has a minimum of one year of experience, with a
4 minimum of 100 hours per year, during the 5 years
5 immediately preceding the application: (i) as a dealership
6 agent under this Act; or (ii) as a federal firearms dealer
7 licensed under Section 923 of the federal Gun Control Act
8 of 1968 (18 U.S.C. 923) or an employee of the business who
9 had access to firearms;
10 (5) has passed an examination authorized by the
11 Department; and
12 (6) has paid the fees required by this Act.
13 (b) The Department may request a personal interview of an
14 applicant before the Board to further evaluate his or her
15 qualifications for a license.
Oh wait so not only do you have to have experience, but you have to pass a written examination, and go grovel before the board?
Ha.. HAHAH! Oh my.
20 (c) By January 1, 2018, a licensee shall implement
21 appropriate security measures, as provided by rule, to deter
22 and prevent the theft of firearms and unauthorized entrance
23 into areas containing firearms. The rules may provide for:
...
24 (1) the manner of securing firearms when the location
1 is both open and closed for business;
2 (2) alarm systems for licensees; and
3 (3) other reasonable requirements to deter illegal
4 sales and reduce the risk of burglaries and other crimes or
5 accidents at licensees' business establishments.
6 (d) The licensed business location shall be equipped with a
7 video surveillance system sufficient to monitor the critical
8 areas of the business premises, including, but not limited to,
9 all places where firearms are stored, handled, sold,
10 transferred, or carried. The video surveillance system shall
11 operate without interruption, whenever the licensee is open for
12 business. Whenever the licensee is not open for business, the
13 system shall be triggered by a motion detector and begin
14 recording immediately upon detection of any motion within the
15 monitored area. In addition, every sale or transfer of a
16 firearm, including sales and transfers that take place at
17 locations other than the business premises, shall be recorded
18 by the video surveillance system in a way that the facial
19 features of the purchaser or transferee are clearly visible.
20 The stored images shall be maintained on the business premises
21 of the licensee for a period of not less than one year from the
22 date of recordation and shall only be available for inspection
23 on the premises by the licensee, the licensee's dealership
24 agents, the Department and federal, State, and local law
25 enforcement upon request, and neither the stored images nor
26 copies, records, or reproductions of the stored images shall
1 leave the custody of the licensee except under a court order,
2 subpoena, or search warrant. The licensee shall post a sign in
3 a conspicuous place at each entrance to the premises that
4 states in block letters not less than one inch in height:
5 THESE PREMISES ARE UNDER VIDEO SURVEILLANCE. YOUR
6 IMAGE MAY BE RECORDED.
Holy crap, that's a LOT of data storage. one year video from multiple cameras with a mandated state requirement to keep it, means that storage has to be highly available. For disaster recovery purposes (you are in violation of the law if the footage is lost) you'll need to have off-site copies kept - that will also take copious amounts of internet bandwidth and storage.
The bolded section is the end of gun shows as we know it.
7 (e) The area where the licensee stores firearms that are
8 inventory of the licensee shall only be accessed by dealership
9 agents, Department of Financial and Professional Regulation
10 staff performing inspections, law enforcement or other
11 emergency personnel, and contractors working on jobs unrelated
12 to firearms, such as installing or maintaining security devices
13 or performing electrical wiring.
Wait, now, is this the end of putting firearms on display?
18 (g) A licensee shall not allow any person to handle
19 firearms while intoxicated.
Better stock up on breathalizers. How the hell are you supposed to know if someone has been drinking, otherwise?
There's a long section on "dealer agents" that I have to read through again.
I did notice they love throwing around that "$10,000 per offense" thing for ANY little thing.
I'll have to finish reading the second half of that thing later. Good grief that's long. (31 pages?)
ETA: I have went up and bold-red marked up the relevant part that should get your average Joe to give a crap about this. That key piece that should rally folks, is this:
If you sell more than 8 guns in a year you are assumed "to be in the business of", guilty of a class A misdemeanor, subject to 1 year in jail and subject to a total of $12,500 in fines and penalties, plus court costs.