Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1232 - FIREARM DEALER LICENSE CERTIFICATION ACT › Section 1232.10 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
The following additional definitions also apply to this Part
				unless the context clearly requires a different meaning:
"Act" means Firearm Dealer License Certification Act [430 ILCS
				68].
"Applicant" means a person who has submitted an application for
				a certified license.
"ATF" means the federal Bureau of Alcohol, Tobacco, Firearms
				and Explosives within the U.S. Department of Justice.
"Certified Licensee" or "CL" means a licensee who has certified
				its FFL under the Act and this Part.
"Dealer License" means a Federal Firearms License authorizing a
				person or entity to engage in the business of dealing
				firearms
.
"Director" means the Director of State Police
or his or her designee
.
"Disaster" means an occurrence or threat of widespread or
				severe damage, injury or loss of life or property resulting from any natural or
				technological cause, including, but not limited to, fire, flood, earthquake,
				hazardous materials spill, extended periods of severe and inclement weather,
				explosion, riot, public health emergencies, or acts of domestic or cyber
				terrorism, or any other State or federally declared disaster situation.
"Electronic Record" means a record generated, communicated,
				received or stored by electronic means for use in an information system or for
				transmission from one information system to another.
"Engage in the Business of Dealing Firearms", as used in
				Section 5-5 of the Act, "Engage in the Business of Selling, Leasing, or
				Otherwise Transferring Firearms" as used in Section 5-15 of the Act, or
				"Dealer" means a person or entity that devotes time, attention and labor to the
				selling, leasing or transferring of firearms at retail as a regular course of
				trade or business with the principal objective of livelihood and profit through
				the sale, lease or transfer of firearms. These terms apply to any person or
				entity who engages in the business on a full or part-time basis. The terms
				shall not apply to the following:
a person or entity that primarily engages in gunsmithing
				services in which it accepts a firearm for service, services the firearm, and
				returns it only to the customer who gave it the firearm to service;
a person or entity that engages primarily in the manufacture or
				import of firearms but does not sell, lease or transfer firearms at retail to
				individual purchasers;
a person or entity that is a collector of firearms who
				acquires, holds or disposes of firearms as curios or relics;
pawnshops that acquire firearms only for purposes of bailment
				as defined in Section 5-25(11) of the Act;
a person or entity that primarily engages in transactions that
				do not require the completion of a Form 4473 and background check under State
				or federal law; or
any activity otherwise exempt under Section 5-25 of the
				Act.
"Entity" means any person, firm, corporation, group of
				individuals, or other legal entity.
"FFL" means Federal Firearms License.
"FFL Holder"
means a person, firm, corporation, or
				other entity that has been given, and currently possesses, a valid Federal
				Firearms License.
"Firearm" means any device, by whatever name known, that is
				designed to expel a projectile or projectiles by the action of an explosion,
				expansion of gas, or escape of gas.
"Firearm" does not include:
any pneumatic gun, spring gun, paint ball gun, or BB gun that
				expels a single globular projectile not exceeding .18 inch in diameter or that
				has a maximum muzzle velocity of less than 700 feet per second;
any pneumatic gun, spring gun, paint ball gun, or BB gun that
				expels breakable paint balls containing washable marking colors;
any device used exclusively for signaling or safety that is
				required or recommended by the U.S. Coast Guard or the Interstate Commerce
				Commission;
any device used exclusively for the firing of stud cartridges,
				explosive rivets, or similar industrial ammunition; and
a curio or relic (other than a machine gun) that, although
				designed as a weapon, ISP finds, by reason of the date of its manufacture,
				value, design, and other characteristics, is primarily a collector's item and
				is not likely to be used as a weapon.
"Firearm" does include:
any weapon (including a starter gun) that will, or is designed
				to, or may readily be converted to, expel a projectile by the action of an
				explosive;
the frame or receiver of any such weapon; and
any firearm muffler or firearm silencer.
"Firearm Ammunition" means any self-contained cartridge or
				shotgun shell, by whatever name known, that is designed to be used or adaptable
				to use in a firearm. "Firearm ammunition" does not include:
any ammunition exclusively designed for use with a device used
				exclusively for signaling or safety and required or recommended by the U.S.
				Coast Guard or the Interstate Commerce Commission; and
any ammunition designed exclusively for use with a stud or
				rivet driver or other similar industrial ammunition.
"FOID Act" means the Firearm Owners Identification Card Act
				[430 ILCS 65].
"Gunsmith" means a person who devotes time, attention and labor
				to servicing firearms as a regular course of trade or business with the
				principal objective of livelihood and profit, including a person who makes
				occasional repairs of firearms or who occasionally fits special barrels,
				stocks, or trigger mechanisms to firearms.
"Importer" means any person or entity engaged in the business
				of importing or bringing firearms or ammunition into the United States for
				purposes of sale or distribution.
"Inspection of Licensee's Place of Business" means review of
				all records and documents involving the selling, leasing or transferring of
				firearms present in a retail location, as well as all firearms subject to sale,
				lease or transfer in a retail location.
"Inventory" means firearms in the possession of an
				individual or entity for the purpose of sale
, lease,
or
				transfer.
"ISP" means the Illinois State Police.
"Law Enforcement Agency" means a federal or State government
				agency that:
is authorized by law to engage in or supervise the prevention,
				detection, investigation, prosecution or incarceration of any person for any
				violation of law;
has statutory powers of arrest or custodial detention;
				and
allows its members to carry a firearm while on duty.
"License" means a Federal Firearms License authorizing
				a person or entity to engage in the business of dealing
				firearms.
"Limited Access Area" means a room or rooms on the premises of,
				and under the control of, the certified licensee to which only the CL, the CL's
				agents and other authorized personnel (e.g., ISP or law enforcement personnel)
				have access. "Limited access area" includes places where weapons are stored
				when not on display, surveillance equipment is maintained, and other areas that
				are not generally accessible by the public or nonauthorized employees.
"Manufacturer" means any person or entity engaged in the
				business of manufacturing firearms or ammunition for purposes of sale or
				distribution.
"Open to the Public" means that a certified licensee sells,
				leases or transfers firearms to the general public during regular business
				hours or by appointment only.
"Pawnbroker" means any person or entity whose business or
				occupation includes the taking of, or receiving of, by way of pledge or pawn,
				any firearm as security for the payment or repayment of money.
"Person" means any individual, corporation, company,
				association, firm, partnership, or any other entity, including any governmental
				entity.
"Retail Location" means
the actual physical
				space or location
open to the public from which a certified licensee
				engages in the business of selling,
leasing,
transferring, or
				facilitating the sale or transfer of a firearm. For purposes of the Act, a gun
				show or similar event at which a certified licensee engages in business from
				time to time is not a retail location.
(Section 5-5 of the Act) A
				location is not considered a retail location if the certified licensee only
				transfers weapons classified as curios or relics.
"Secure Gun Storage or Safety Device" means:
a device that, when installed on a firearm, is designed to
				prevent the firearm from being operated without first deactivating the
				device;
a device incorporated in the design of the firearm to prevent
				the operation of the firearm by anyone not having access to the device;
				or
a safe, gun safe, gun case, lock box, or other locked
				receptacle that is designed to be, or can be, used to store a firearm and that
				is designed to be unlocked only by use of a key, combination, or other similar
				means.
"Straw Purchase" means:
the unlawful purchase of a firearm by a person who knowingly
				purchases or attempts to purchase a firearm with the intent to deliver that
				firearm to another person who is prohibited by federal or State law from
				possessing a firearm; or
the unlawful purchase of a firearm by a person who
				intentionally provides false or misleading information on an ATF firearms
				transaction record form to purchase a firearm with the intent to deliver that
				firearm to another person.
"Valid" means current and not suspended, revoked, expired,
				canceled, invalidated, denied or disqualified.
"Valid Photo Identification Card" means a current, and not
				suspended, revoked, expired, canceled, invalidated, denied or disqualified,
				driver's license or identification card issued by the federal government or any
				state. It does not include a temporary visitor's driver's license
				(TVDL).
"With the Principal Objective of Livelihood and Profit" means
				that the intent underlying the sale, lease or transfer of firearms is
				predominantly one of obtaining livelihood and pecuniary gain, as opposed to
				other intents, such as improving or liquidating a personal collection, and is
				not intended to apply to a person who engages in the regular and repetitive
				purchase and disposition of firearms for criminal purposes.