Commissioner Suffredin's Cook County Board Legislative Library
for more info visit www.suffredin.org


Proposed Amendment to Gun Dealer's Ordinance

Print Page
Close Window

Summary
Suffredin's Commentary
Activity Log
Full Text of Legislation
Disclaimer

Date Introduced:
Date Passed:

Sponsors:
Suffredin
Co-Sponsors:
Claypool, Daley, Maldonado, Quigley, Sims

Summary:

PROPOSED ORDINANCE AMENDMENT

 

SPONSORED BY:

 

LARRY SUFFREDIN, COOK COUNTY COMMISSIONER

 

CO-SPONSORED BY:

FORREST CLAYPOOL, MIKE QUIGLEY, JOHN P. DALEY, ROBERTO MALDONADO, JOAN PATRICIA MURPHY, AND DEBORAH SIMS, COOK COUNTY COMMISSIONERS

 

BE IT ORDAINED, by the Cook County Board of Commissioners that Chapter 54, Sections 90 – 185, of the Cook County Code is hereby amended as follows:

 

 

ARTICLE III. DEADLY WEAPONS DEALERS


DIVISION 1. GENERALLY


Sec. 54-90. Short title.

This article shall be known and may be cited as the Cook County Deadly Weapons Dealer Control Ordinance.


Sec. 54-91. Definitions.

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Antique firearm  means: 

(1)   Any firearm (including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured in or before 1898; and

(2)   Any replica of any firearm described in Subsection (1) of this definition if such replica is not designed or redesigned for using rim fire or conventional center fire fixed ammunition, or uses rim fire or conventional center fire fixed ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade.

Department of Revenue  or  Department  means the Cook County Department of Revenue. 

Director  means the Director of the Cook County Department of Revenue. 

Engaged in the business  means a person who devotes time, attention and labor to selling or otherwise dealing in firearms as a regular course of trade or business with the principal objective of livelihood and profit through the repetitive purchase and resale of firearms, but such term shall not include a person who makes occasional sales, exchanges, or purchases of firearms for the enhancement of a personal collection or for a hobby, or who sells all or part of such personal collection of firearms. 

Firearm  means any pistol, revolver, rifle, shotgun, machine gun, assault weapon or other device that fits within the definition of "firearm" contained in the Illinois Firearm Owners Identification Card Act (430 ILCS 65/1.1 et seq.). 

Gun shop  means the premises where any Federally licensed firearms dealer, excluding any person licensed solely as a collector pursuant to 18 U.S.C. § 923(b), engages in the business of selling, bartering or otherwise transferring firearms. 

Gun show  means any bona fide showing, display or exhibition of firearms conducted for a temporary time period at a temporary location and sponsored by a national, State, or local organization, or any affiliate of any such organization, devoted to the collection, competitive use, or other sporting use of firearms. 

Handgun  means any pistol, revolver, or any other firearm capable of being concealed upon an individual. 

Public park  means any land or buildings set apart for public recreation and owned by any unit of government and any land owned by the Forest Preserve District of Cook County. 

Relative  means a son, daughter, mother, father, sister or brother. 

School  means any public or private elementary or secondary school, community college, college or university. 

State's Attorney  means the State's Attorney of Cook County or designee. 

(Ord. No. 93-O-37, § 2-1, 10-19-1993; Ord. No. 94-O-33, 7-6-1994; Ord. No. 99-O-27, Pt. 1(2-1), 11-23-1999.)


Sec. 54-92. Applicability.

(a)   Pursuant to Cook County’s home rule authority under Article VII, Section 6(c) of the 1970 Constitution of the State of Illinois, this article shall control the licensing of all firearms dealers within Cook County, Illinois, except those areas which are governed by an ordinance of another governmental entity that is more restrictive in nature.  except in home rule municipalities which have a separate municipal ordinance specifically regulating the licensing of firearms dealers.

(b)   Pursuant to Article VII, Section 6(c) of the 1970 Constitution of the State of Illinois, if this article conflicts with an ordinance of a home rule municipality, the municipal ordinance shall prevail within its jurisdiction.

(Ord. No. 93-O-37, § 1-2, 10-19-1993; Ord. No. 94-O-33, 7-6-1994; Ord. No. 99-O-27, Pt. 1(1-2), 11-23-1999; Ord. No. 06-O-50, 11-14-2006.)


Sec. 54-93. Penalties.

(a)   Any person violating or failing to comply with any of the provisions of the this article shall be subject to immediate forfeiture of the person's County deadly weapons dealer license and/or a fine of not less than $500.00 and not more than $5,000.00 for each violation in addition to any other fines or penalties applicable from any Federal, State or local laws or ordinances. Upon receiving information of a violation, the Director of the Department of Revenue may enter an order providing for the license forfeiture and/or the amount of any applicable fines and stating briefly the grounds for such forfeiture and/or fines. Any person wishing to appeal a decision requiring a forfeiture or fine shall do so pursuant to the provisions of Section 54-157.

(b)   If any fine is imposed pursuant to this section, such fine shall constitute a debt due and owing to the County. If the fine is not paid within 30 days after the expiration of the time within which judicial or administrative review of the adverse determination may be sought, or within 30 days after an action seeking review has been resolved in favor of the County, the Director of the Department of Revenue or the State's Attorney may seek to obtain judgment on the debt and enforce such judgment against the person fined.

(c)   The Director of the Department of Revenue or the State's Attorney may seek an order to restrain violations and/or enjoin future operations of any person in possession of a County deadly weapons dealer license or a gun show permit who violates any provision of this article or any law or regulation relating to the sale or transfer of firearms or other deadly weapons.

(d)   The sale of firearms in violation of this article is punishable by up to six months' imprisonment and/or fine as provided in this section, in addition to any other applicable fines or penalties. Each sale or act in violation of this article shall constitute a separate and distinct violation.

(Ord. No. 93-O-37, § 5-1, 10-19-1993; Ord. No. 94-O-33, 7-6-1994; Ord. No. 99-O-27, Pt. 1(5-1), 11-23-1999.)


Sec. 54-94. Severability.

If any section, subsection, paragraph, sentence or clause of this article or the application thereof to any person is for any reason deemed to be invalid or unconstitutional, such decision shall not affect, impair or invalidate any remaining section, subsection, paragraph, sentence or clause hereof or the application of this article to any other person.

(Ord. No. 93-O-37, § 1-3, 10-19-1993; Ord. No. 94-O-33, 7-6-1994; Ord. No. 99-O-27, Pt. 1(1-3), 11-23-1999.)


Sec. 54-95. Effective date.

Except as otherwise provided, the ordinance from which this article is derived shall take effect six months after its passage and publication. Any person operating a licensed, legal gun shop in the County pursuant to a valid Cook County Firearms Dealer's License shall be allowed to continue to operate pursuant to the terms and conditions of the Cook County Firearms Dealer's License and exempt from the provisions of this article until the Cook County Firearms Dealer's License expires issued a Cook County Deadly Weapons Dealer License.

(Ord. No. 93-O-37, § 1-4, 10-19-1993; Ord. No. 94-O-33, 7-6-1994; Ord. No. 99-O-27, Pt. 1(1-4), 11-23-1999.)


Sec. 54-96. Savings clause.

This article shall not affect any act done, ratified, or canceled; any right occurring or established; or any action or proceeding had or commenced in administrative, civil, or criminal cause on or before the effective date of the ordinance from which this article is derived. Any such action or proceeding that pertains to a right, power, duty, or function provided for or arising out of any ordinance that is pending or in existence on the effective date may be prosecuted, defended, or continued by or on behalf of the parties to such action or proceeding.

(Ord. No. 93-O-37, § 1-5, 10-19-1993; Ord. No. 94-O-33, 7-6-1994; Ord. No. 99-O-27, Pt. 1(1-5), 11-23-1999.)

Secs. 54-97--54-120. Reserved.


DIVISION 2. DEADLY WEAPONS DEALER LICENSE
AND GUN SHOW PERMITS


Subdivision I. In General   


Sec. 54-121. Gun shop employee background checks.

Before any person may be hired as an employee at a gun shop licensed under this article, the holder of that license shall perform a background check to determine whether the potential employee possesses the requisite character and fitness to deal in firearms unless the licensee employs 25 or more individuals in which case, the licensee need only perform a background check on those employees that will be involved in the transfer, sale, handling, assembly, shipping, packing, receiving, display or demonstration of firearms or ammunition in the gun shop, or who could obtain access to firearms or ammunition in the gun shop. No deadly weapons dealer licensee with fewer than 25 employees may employ a person to work in the gun shop licensed under this article, and no licensee with 25 or more employees may allow an employee to be involved in the transfer, sale, handling, assembly, shipping, packing, receiving, display or demonstration of firearms or ammunition in the gun shop, if the licensee knows or reasonably should know that person could not qualify to obtain legally an Illinois firearm owner's identification card, or if the licensee is otherwise in possession of information that would lead a reasonable person to conclude that the potential employee does not possess the requisite character and fitness to deal in firearms.

(Ord. No. 93-O-37, § 3-3, 10-19-1993; Ord. No. 94-O-33, 7-6-1994; Ord. No. 99-O-27, Pt. 1(3-3), 11-23-1999.)

Secs. 54-122--54-150. Reserved.


Subdivision II. License and Permit   


Sec. 54-151. License and permit required.

(a)   It shall be unlawful for any person required to be licensed under Federal law to engage in the business of dealing in firearms, to engage in the business of dealing, selling, bartering, trading, or to give away or otherwise transfer, any firearm, without securing a County deadly weapons dealer license. A County deadly weapons dealer license shall be required in addition to any other license required by law.

(b)   A County deadly weapons dealer license shall not be required by any person licensed solely as a collector pursuant to 18 U.S.C. § 923(b) and possessing only a Federal "collector's" license as defined in 27 CFR 478.

(c) Gun shows shall not be permitted in Cook County.

 

(c)   A County deadly weapons dealer license shall not be required for a person conducting a bona fide gun show if the person obtains a County gun show permit prior to the commencement of the show.

(1)   Application for a gun show permit must be made no later than 30 days prior to the date the show is to take place. Only those persons possessing a Federal firearms dealer license may apply for a gun show permit.

(2)   No permit shall be issued unless the applicant presents sufficient evidence to the Department of Revenue demonstrating that the applicant has arranged to have appropriate security present throughout the duration of the gun show.

(3)   No permit shall be issued unless the show has been reported to and recognized by the Illinois Department of State Police.

(4)   No more than three permits shall be issued to conduct a gun show at any single location during any six-month period.

(5)   No more than three permits shall be issued to the same organization, group or affiliated organization during any six-month period.

(6)   No permit shall be issued to conduct a gun show at any single location for any two consecutive weeks.

(7)   No gun show may be held for more than three of any seven consecutive days.

(Ord. No. 93-O-37, § 3-1, 10-19-1993; Ord. No. 94-O-33, 7-6-1994; Ord. No. 99-O-27, Pt. 1(3-1), 11-23-1999.)


Sec. 54-152. Application process.

(a)   The Director of the Department of Revenue shall promulgate reasonable rules and regulations necessary to carry out the duties, responsibilities and requirements imposed by this article; including, but not limited to, developing reasonable procedures consistent with existing practices of regulating persons conducting gun shows or engaged in the business of dealing in firearms.

(1)   Any rules or regulations promulgated under this article shall be filed in the Department of Revenue's principal office and shall be made available for public inspection. Copies shall be made available upon request and payment of a reasonable fee as determined by the Department to cover the cost of providing the copy.

(2)   In addition to any other rights provided by law, the Director may, with the assistance of any Federal, State or local law enforcement agency, enter the premises of any gun shop licensed under this article during business hours (including any places used by the gun shop for storage) for the purpose of inspecting or examining the inventory of ammunition or firearms, or the records or documents relating to the sale, acquisition, storage or transfer of ammunition or firearms at the gun shop, if such inspection is performed:

a.   In the course of a reasonable inquiry relating to any civil, criminal or administrative action relating to this article brought by or against the licensee or persons other than the licensee; or

b.   To ensure or compel compliance with the provisions of this article.

(3)   Any inspections or examinations performed pursuant to this section shall be done in a reasonable manner designed to minimize, to the extent reasonably possible, any interference with the licensee’s ability to conduct business.

(b)   All applications for a deadly weapons dealer license or gun show permit under this article shall be made in writing to the Department of Revenue on a form provided for that purpose. In addition to any other information required by this article or by the Department of Revenue, each application for a license or permit shall include:

(1)   The applicant’s full name, any aliases by which the applicant has been known, a copy of the applicant’s Federal firearms dealer’s license, driver’s license or State identification card and State of Illinois firearms owner’s identification card, a full set of the applicant’s fingerprints in digital format or a sample fingerprint in digital format that may be used to verify electronically the applicant’s identity, or a statement under oath by the applicant that, to the best of the applicant’s knowledge and belief, the equipment necessary to obtain such digital fingerprints was not available to gun dealers in the County at the time the application was submitted, the applicant’s social security number and the address and telephone number where the applicant resides and proposes to conduct the gun show or engage in the business of dealing in firearms;

(2)   If the applicant is a corporation, the corporate name, business, and principal place of business of the applicant; the date and state of incorporation; and the names and residence addresses of the corporate officers and directors, the names and addresses of all individuals that own ten percent or more of the stock in the corporation, its registered agent and a list of all affiliated corporations noting whether any are engaged in the business of dealing in firearms;

(3)   If the applicant is a partnership, the name, business address and telephone number of the principal office or place of business; the names, addresses and telephone numbers of all partners, noting whether any are engaged in the business of dealing in firearms; and the name, address and telephone number of a person authorized to receive notices issued pursuant to this article;

(4)   Every person applying for a deadly weapons dealer license must submit a list of the names and addresses of all individuals whom the applicant employed at the licensed gun shop over the 12 months prior to the date of application unless the licensee employs 25 or more individuals, in which case the licensee need only submit the names and addresses of those employees that were involved in the transfer, sale, handling, assembly, shipping, packing, receiving, display or demonstration of firearms or ammunition © gunshop, or who could obtain access to firearms or ammunition in the gun shop. All applicants must also submit a statement attesting under oath to the fact that the applicant has complied with the employee background check provisions of Section 54-121;

(5)   Every person applying for a deadly weapons dealer license must submit documentation demonstrating that, at the time the application is submitted, the applicant possesses a valid Federal firearms dealer’s license issued to an address within the County along with a written statement stating, under oath, whether or not the applicant, or, to the best of the applicant’s knowledge and belief, the applicant’s spouse or relative, has ever owned ten percent or more in, been a partner in or served as a corporate officer or director of, any entity that has had a Federal, State or local firearms dealer license suspended or revoked at any time for any reason; and

(6)   A response given under oath by the applicant affirming or denying each Section 54-181(4)b. In the case of a corporation, a separate response shall be submitted by each of the corporate applicant’s officers, directors and all individuals owning ten percent or more of the stock in the corporation. In the case of a partnership, a separate response shall be submitted by each partner.

©   Upon receiving any application for a deadly weapons dealer license or gun show permit, the Department of Revenue shall request the State’s Attorney to verify the information contained in the application and to issue a legal opinion as to whether or not the person qualifies for a deadly weapons dealer license or gun show permit. The Department of Revenue shall use its best efforts to approve or deny all applications for a deadly weapons dealer license or a gun show permit within 30 days after receiving all information required by this section.

(d)   The Department of Revenue shall deny an application for a County deadly weapons dealer license to any person who, at the time the application is made, does not possess a valid Federal firearm dealer license, an Illinois firearms owner’s identification card and a valid County issued firearms dealer’s license or deadly weapons dealer license for a gun shop located at the same location for which the license is sought, unless the application is made in conjunction with the sale, transfer or relocation of an existing County licensed gun shop pursuant to the provisions of Section 54-155.

(e)   The Department of Revenue shall deny an application for a deadly weapons dealer license or gun show permit to any person who has been convicted of any felony in any jurisdiction and may deny an application for a deadly weapons dealer license or gun show permit to any person who fails to answer affirmatively to each Section 54-181(4)b, or who has been found in violation of any Federal, State or local law or ordinance relating to the sale, transfer or use of firearms or any other deadly weapon described in Section 24-1 of the Illinois Criminal Code of 1961, 720 ILCS 5/24-1 (unlawful use of weapons) or if the applicant, or the applicant’s spouse or relative, has ever served as a corporate officer or director of, or owned percent or more of the stock in, or been a partner of, any entity that has had a Federal, State or local firearms dealer license suspended or revoked at any time for any reason.

(f)   The Department of Revenue may deny an application for a deadly weapons dealer license or gun show permit to any person who fails to provide the information required by, or is otherwise not in compliance with any provisions of, this article or any other applicable law or regulation relating to the sale or transfer of firearms.

(Ord. No. 93-O-37, § 3-2, 10-19-1993; Ord. No. 94-O-33, 7-6-1994; Ord. No. 99-O-27, Pt. 1(3-2), 11-23-1999.)


Sec. 54-153. License and gun show permit fee.

(a)   The annual fee for a deadly weapons dealer license shall be as set out in Section 32-1 which amount shall be paid each year on or before the anniversary of the issuance of the license.

(b)   The fee for a gun show permit shall be set out in Section 32-1.

(b) (c)   Any person licensed under this article who purchases electronic equipment, such as Livescan or similar equipment, that is used by the licensee to verify, electronically, the identity of every person seeking to purchase a firearm from that licensee either through the submission of digital fingerprints, digital photographs or other digital or electronic means, shall be entitled to deduct the original cost of such equipment (up to a maximum of $500.00) during each year that such equipment is in use.

(Ord. No. 93-O-37, § 3-4, 10-19-1993; Ord. No. 94-O-33, 7-6-1994; Ord. No. 99-O-27, Pt. 1(3-4), 11-23-1999.)


Sec. 54-154. Limitation on concentration.

(a)   No deadly weapons dealer license may be issued to any person seeking a license to operate a gun shop in the County which will be located within five ten miles of any other gun shop within or outside of the County as measured from the property lines of the respective properties.

(b)   No deadly weapons dealer license may be issued to any person seeking a license to operate a gun shop in the County which will be located within one mile of any public or private school or public park as measured from the property lines of the respective properties.

(c)   The provisions of Subsections (a) and (b) of this section shall not apply if the current or former owner of the gun shop for which the deadly weapons dealer license is sought possessed a County firearms dealer's license or deadly weapons dealer license to operate a gun shop at the same location for which the current license is sought, for the year prior to the year in which the current license is sought.

(d)   Any gun shop owner that is in possession of a valid County firearms dealer's license or deadly weapons dealer license may file a written petition with the Director of the Department of Revenue requesting that the owner be granted an exception to Subsections (a) and/or (b) of this section, but in no event may the Director grant any exception that would allow any gun shop to be located less than 0.25 mile from any public or private school or public park as measured from the property lines of the respective properties.

(1)   The petition shall include: a statement by the applicant asserting why the applicant believes an exception to these subsections is necessary and why, if granted, it would not endanger the health, safety or welfare of the community; evidence, including photographic or other visual evidence, depicting the area where the applicant proposes operating the gun shop, which evidence shall include graphic depictions identifying the location of all parks and schools that are less than one mile away and all gun shopsthat are less than five miles away from the proposed location; a statement by the applicant regarding any special precautions or efforts the applicant will make to ensure that the health safety and welfare of the community would not be endangered should the exception be granted; and any other evidence or arguments that the applicant believes support the applicant's request for an exception.

(2)   Within 14 days after receiving the petition for an exception, the Director may request the applicant to submit additional information, or respond to additional questions the Director deems necessary to render a decision. Upon receiving all information requested, the Director shall review the petition and all evidence submitted and issue a decision granting or denying the request within 30 days from the date all requested information was received.

(3)   If a person wishes to appeal the decision of the Director denying the request for an exception under this section, that person shall seek appeal pursuant to the provisions of Section 54-157.

(Ord. No. 93-O-37, § 3-6, 10-19-1993; Ord. No. 94-O-33, 7-6-1994; Ord. No. 99-O-27, Pt. 1(3-6), 11-23-1999.)


Sec. 54-155. Nontransferability.

No license issued under this article may be transferred or assigned to any other person or to any other location unless the Department of Revenue first reviews and approves of the transfer or assignment following the submission of a new application pursuant to the standards and provisions of Section 54-152.

(Ord. No. 93-O-37, § 3-5, 10-19-1993; Ord. No. 94-O-33, 7-6-1994; Ord. No. 99-O-27, Pt. 1(3-5), 11-23-1999.)


Sec. 54-156. Revocation of license.

(a)   The deadly weapons dealer license shall be considered immediately and automatically revoked at the time any of the following occurs, and any firearm transfers by the licensee after any of the following occurs shall be considered a violation of this article:

(1)   The licensee transfers a firearm to any person whom the licensee knows, or reasonably should know, is acquiring the firearm, not for the person's own use, but for the purpose of transferring it to another who could not legally obtain the firearm (commonly known as a straw purchaser).

(2)   The licensee is convicted of any felony in this or any other jurisdiction;

(3)   The licensee's Federal firearms dealer's license or State firearm owner's identification card is revoked or expires.

(b)   The Department of Revenue may revoke the deadly weapons dealer license if:

(1)   The licensee or any related person is found to be in violation of any Federal, State or local law or regulation relating to the sale, transfer or use of firearms or any other deadly weapon described in 720 ILCS 5/24-1 (unlawful use of weapons), or;

(2)   The licensee fails to comply with any provision of this article.

(Ord. No. 93-O-37, § 3-7, 10-19-1993; Ord. No. 94-O-33, 7-6-1994; Ord. No. 99-O-27, Pt. 1(3-7), 11-23-1999.)


Sec. 54-157. Appeal of revocation or denial.

(a)   Any person wishing to appeal the denial or revocation of any deadly weapons dealer license, the denial of a request for an exception to Section 54-156 or the denial of a request for the transfer of a firearm, must, within 28 days of the date on which the person receives notice by certified mail of the denial or revocation, serve the Director of the Department of Revenue with written notification of the person's request for appeal by certified mail, return receipt requested, with a brief statement of the grounds for the appeal. After receiving the request, the Director shall appoint a hearing officer who shall conduct the hearing. The hearing shall be held within 30 days of receipt of the request unless continued at the request of, or as a result of delays occasioned by, the appellant. The hearing officer is authorized to conduct hearings concerning any matter covered by this article and may determine factual and legal matters raised by the parties to the hearing. However, neither the Director nor the hearing officer shall hear or decide any claim that this article is unconstitutional on its face or that the County Board did not have the authority to enact the ordinance from which this article is derived.

(b)   The hearing officer may:

(1)   Examine any books, papers, records, memoranda or other evidence bearing upon the business, activities or criminal or mental health background of the appellant;

(2)   Request the Circuit Court to issue subpoenas requiring the attendance of any person having personal knowledge of any contested issue;

(3)   Request the Circuit Court to issue subpoenas duces tecum for the production of books, records, papers, memoranda or other documents or evidence;

(4)   Administer oaths;

(5)   Take testimony;

(6)   Make rulings as to the admissibility of evidence; and

(7)   Take any other action as may be required for the expeditious conduct of the hearing.

(c)   The hearing officer is not bound by the technical rules of evidence. No informality in any proceeding or in the manner of taking testimony or receiving evidence shall invalidate any order, decision, ruling or recommendation of the hearing officer or final decision of the Director.

(d)   The Department's books, papers, records and memoranda or parts thereof may be proved in any hearing or legal proceeding by the original documents or by reproduced copy under the certificate of the Director. Without further proof, the original documents or reproduced copy shall be admissible into evidence before the Department.

(e)   If the Circuit Court issues a subpoena duces tecum, the following rules shall apply:

(1)   Service shall be made as provided by the Civil Practice Law, (735 ILCS 5/2-201 et seq.);

(2)   Fees of witnesses for attendance and travel shall be the same as the fees of witnesses before the Circuit Court of Cook County and shall be paid after the witness is excused from further attendance;

(3)   When a subpoena or subpoena duces tecum is issued at the instance of either party, the hearing officer may require that party to bear the cost of services and witness fees. The hearing officer may require a deposit to cover the cost of service and witness fees.

(f)   Any party to a hearing may apply to any judge of the Circuit Court of this State for enforcement of any subpoena or subpoena duces tecum issued by a hearing officer holding a hearing authorized by this article.

(g)   At any hearing held under this article, the Director's initial decision to deny or revoke a license or exception to any provision of this article shall be prima facie correct and the person contesting the decision shall have the burden of proving with books, records, documents and other evidence that it is incorrect.

(h)   At the conclusion of the hearing, the hearing officers shall make a recommendation to the Director. The Director shall adopt, reject or modify the recommendation based on a review of the record within 30 days of receiving the hearing officer's recommendation, and shall issue a final decision. The Director shall give written notification to the licensee of the Director's decision and a brief recitation of the reasons for such decision.

(i)   A person seeking judicial review of the Director's final decision shall do so in the Circuit Court of Cook County and shall bear the cost of certification. If the protesting party prevails on appeal, the Department shall reimburse that party for the cost of certification.

(j)   Items constituting the record may include notices and demands; the initial decision; the written protest and petition for hearing; all relevant pleadings, briefs and memoranda of law; evidence admitted at the hearing; the transcribed testimony given at the hearing; the recommendation of the hearing officer; and the final decision of the Director.

(k)   If the appellant fails to appear at the hearing, the Department of Revenue may enter a default order in favor of the County requiring payment to the County of an administrative penalty which amount shall be not less than $100.00 and not more than $500.00 to cover fees and costs incurred by the County in connection with the administrative proceedings. If the Director of the Department of Revenue or the hearing officer finds that the license exception or firearm transfer was improperly denied or revoked, theDepartment of Revenue shall immediately issue a license, grant the exception or approve the transfer.

(Ord. No. 93-O-37, § 3-8, 10-19-1993; Ord. No. 94-O-33, 7-6-1994; Ord. No. 99-O-27, Pt. 1(3-8), 11-23-1999.)

Secs. 54-158--54-180. Reserved.


DIVISION 3. FIREARM TRANSFER VIGILANCE PROCEDURES
AND FIREARM SAFETY


Sec. 54-181. Pretransfer fitness verification process.

Before transferring possession of any firearm pursuant to a sale, barter, gift, trade or other transfer within the County, any person possessing a County deadly weapons dealer license, or conducting a gun show pursuant to a permit obtained under this article, in addition to any other information required by law, for each firearm sought to be transferred, must submit to the Director of the Department of Revenue by delivery or by certified mail, return receipt requested, or by such other process approved by the Director:

(1)   A written report containing the name, address, telephone number, social security number, and age of the person to whom the licensee or permit holder proposes transferring the firearm (hereafter, the "purchaser"), the date on which the purchaser applied for, solicited or requested the transfer, the type, model and a description of the firearm, the manufacturer of the firearm, the price of the firearm, the serial number of the firearm, the purchaser's State driver's license number or State issued identification card number, copies of all State and Federal forms prepared in connection with the transaction, and if the purchaser is a resident of the State a photocopy of the purchaser's firearm owner's identification card;

(2)   An electronic sample of the purchaser's fingerprints or documentation stating that an electronic sample of the purchaser's fingerprints has been submitted for analysis to the State Police or such other agency as designated by the Department of Revenue or a statement, signed and sworn to under oath by the purchaser and the licensee attesting under oath to the fact that, to the best of their knowledge and belief, at the time the purchase was sought the equipment necessary to submit an electronic sample of the purchaser's fingerprints was not available to gun buyers and dealers in the County;

(3)   A signed statement by the purchaser authorizing the State's Attorney's Office to conduct:

a.   A search and review of all criminal history record information files to obtain information regarding any criminal matter relating to the purchaser from this and any other jurisdiction and from the Federal Bureau of Investigation; and

b.   A search and review of the files of the State Department of Human Services, the County Bureau of Health Services and all private hospitals for the sole purpose of determining whether the purchaser is or was a patient in a mental health institution and thus disqualified from purchasing a firearm because of that status. No mental health care or treatment records may be requested. Nothing in this section shall be interpreted as allowing the State's Attorney's Office to access confidential medical or mental health records protected from disclosure by State or Federal law. Any mental health information disclosed under this subsection shall remain privileged and confidential, and shall be used for investigative purposes only and shall not be publicly disseminated.

1.   All mental health information obtained under this subsection in connection with a firearm purchase request which:

i.   Is approved by the Department of Revenue shall be destroyed within five years of receipt;

ii.   Is denied by the Department of Revenue shall be retained for a period of not less than 20 years after the date of the denial.

2.   All criminal history record information files obtained under this subsection in connection with a firearm purchase request which:

i.   Is approved by the Department of Revenue shall be retained for a period of not less than five years after the date of approval;

ii.   Is denied by the Department of Revenue shall be retained for a period of not less than 20 years after the date of the denial; and,

(4)   A statement, signed and sworn to by the purchaser, attesting under penalty of perjury to the fact that:

a.   The purchaser is a peace officer, a law enforcement officer, a member of the Armed Services or Reserve Forces of the United States, a member of the Illinois National Guard, a federal official required to carry a firearm, a United States Marshal, or a person authorized to carry a firearm under the provisions of the Private Detective, Private Alarm, Private Security and Locksmith Act (225 ILCS 447/5-5 et seq.), and employed regularly as a private security contractor, private detective, private alarm contractor or security guard and is legally authorized to possess a firearm of the type sought to be purchased under State and Federal law; or,

b.   The purchaser:

1.   Is 21 years of age or over;

2.   Has never been convicted of a felony under the laws of this or any other jurisdiction;

3.   Is neither an alcoholic nor addicted to narcotics;

4.   Has not been a patient in a mental institution within the past five years;

5.   Is not mentally retarded or mentally ill;

6.   Is not an alien who is unlawfully present in the United States under the laws of the United States;

7.   Has never been subject to an order of protection prohibiting the purchaser from possessing a firearm, or restricting the purchaser's access to or contact with any other person;

8.   Has not been convicted within the past five years of battery, assault, misdemeanor aggravated assault, or any offense that is substantially similar to any of these offenses in this or any other jurisdiction in which a firearm was used or possessed;

9.   Has not been convicted within the past five years of domestic battery or a substantially similar offense in this or any other jurisdiction;

10.   Has no criminal charges pending against him in any jurisdiction other than misdemeanor charges relating to an offense that does not involve bodily harm, death or the use or possession of a firearm;

11.   Has not purchased or otherwise obtained a firearm within the past 30 days; and

12.   Has never been prohibited from acquiring or possessing a firearm by any Federal, State or local law, law enforcement agency, branch of Federal or State military or by order of any court in this or any other jurisdiction.

(5)   Upon receiving the information required by this section, the Department of Revenue shall request the State's Attorney to conduct a good faith search of available records to verify said information and to issue a legal opinion to the Department of Revenue approving or denying the transfer of the firearm to the purchaser. It shall be unlawful for a person possessing the deadly weapons dealer license or a gun show permit to transfer any firearm without first receiving written permission to transfer the firearmfrom the Department of Revenue. Upon receiving all information required by this section, the Department of Revenue shall use its best efforts to issue a decision approving or denying the transfer within three business days of receipt. Any person wishing to appeal the denial of a request for a firearm transfer shall do so pursuant to the provisions of Section 54-157.

(6)   The provisions of Subsections (2) and (5) of this section shall have an effective date of July 1, 2000, or such other date as may be specified by the County Board.

(Ord. No. 93-O-37, § 4-1, 10-19-1993; Ord. No. 94-O-33, 7-6-1994; Ord. No. 99-O-27, Pt. 1(4-1), 11-23-1999.)


Sec. 54-182. Mandatory pre-verification prohibition on transfer to certain individuals.

No person possessing a County deadly weapons dealer license or gun show permit may sell or otherwise transfer any firearm to any person who fails to provide all information required by Section 54-181. In no event may a person possessing a gun show permit or licensed under this article transfer a firearm to any person who fails to verify, on the form provided by the Department of Revenue for this purpose, that either Section 54-181(4)a is true, or that Section 54-181(4)b.1--9 is true.

(Ord. No. 93-O-37, § 4-2, 10-19-1993; Ord. No. 94-O-33, 7-6-1994; Ord. No. 99-O-27, Pt. 1(4-2), 11-23-1999.)


Sec. 54-183. One gun per month limitation.

No person possessing a County deadly weapons dealer license or gun show permit may transfer a firearm to any person if the licensee or permit holder knows or reasonably should know that the person requesting the firearm has previously purchased or otherwise obtained a firearm within 30 days prior to the date on which the purchase or transfer is sought. However, this section shall not apply to the transfer of a firearm to any of the following:

(1)   Peace officer;

(2)   Law enforcement officer;

(3)   Member of the Armed Services or Reserve Forces of the United States;

(4)   Member of the Illinois National Guard;

(5)   Federal official required to carry a firearm;

(6)   United States Marshal;

(7)   Person licensed under Federal law to sell firearms and actually engaged in the business of selling firearms;

(8)   Licensed collector of firearms with respect to the purchase of antique firearms only; or

(9)   Any person authorized to carry a firearm under the provisions of the Private Detective, Private Alarm, and Private Security Act and Locksmith Act (225 ILCS 447/5-5 et seq.), and employed regularly and licensed as a private security contractor, private detective, private alarm contractor or security guard. This exception shall only be granted if the person seeking to invoke this exception presents sufficient evidence demonstrating that such person qualifies as an individual to whom this exception applies and signs a statement under oath attesting to the fact that the firearm sought to be transferred is necessary for the person to be able to fulfill official or professional duties.

(Ord. No. 93-O-37, § 4-3, 10-19-1993; Ord. No. 94-O-33, 7-6-1994; Ord. No. 99-O-27, Pt. 1(4-3), 11-23-1999.)


Sec. 54-184. Prohibition against sale of firearms without safety devices.

It shall be unlawful for any person possessing a County deadly weapons dealer license or gun show permit to transfer any firearm which does not contain a safety mechanism, such as a trigger lock, cable lock, combination handle lock or solenoid use-limitation device, that substantially hinders the use of the firearm by children under the age of 17 or other unauthorized users. This provision shall not apply to the transfer of antique firearms for which no safety device is available.

(Ord. No. 93-O-37, § 4-4, 10-19-1993; Ord. No. 94-O-33, 7-6-1994; Ord. No. 99-O-27, Pt. 1(4-4), 11-23-1999.)


Sec. 54-185. Background check fee.

(a)   Except as specified in Subsection (c) of this section, every person seeking to obtain a firearm from a person possessing a County deadly weapons dealer license or County gun show permit shall pay a fee as set out in Section 32-1, which fee shall be used to offset the costs of conducting a fingerprint and background check to verify the information required to be provided by Section 54-181.

(b)   The provisions of this Section 54-181 shall have an effective date of July 1, 2000, or such other date as may be specified by the County Board.

(c)   The payment of the fee specified in Subsection (a) of this section shall not be required if the Department of Revenue, the State's Attorney's Office or the State Police should acquire and make available to gun shops or gun shows regulated by this article, technology that enables the identity of firearms purchasers to be verified electronically by the Department of Revenue, the State's Attorney's Office or the State Police, through the submission of digital photographs, single fingerprint samples or other electronic means. In that case, the fees shall be limited to the amount actually incurred in utilizing this technology.

(Ord. No. 93-O-37, § 4-5, 10-19-1993; Ord. No. 94-O-33, 7-6-1994; Ord. No. 99-O-27, Pt. 1(4-5), 11-23-1999.)

Secs. 54-186--54-210. Reserved.




Disclaimer:

The information contained in this web site is provided as a service to the community, and does not constitute legal advice. We try to provide the information as it is reflected in our records, but we make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked to this web site. As legal advice must be tailored to the specific circumstances of each case, and laws are constantly changing, nothing provided herein should be used as a substitute for the advice of competent counsel or additional research of Cook County's laws and regulations.