reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1232 - FIREARM DEALER LICENSE CERTIFICATION ACT › Section 1232.90 - Training; Statewide Compliance Standards

Current through Register Vol. 48, No. 28, July 12, 2024
a) The annual training shall consist of, at
			 minimum, a review of materials made available to certified licensees on ISP's
			 website or through other publicly available means, or any other curriculum
			 approved by ISP. Those materials will be made available on ISP's website or
			 through other publicly available means.
b) A certified licensee shall:
1) Ensure the CL and all employees who sell,
			 facilitate leases, or otherwise transfer firearms attend the training required
			 by Section 5-30 of the Act. The required training shall be completed before
			 certification by ISP and yearly thereafter.
2) Ensure training required by Section 5-30
			 of the Act is completed by all newly hired employees who will be selling,
			 facilitating leases, or otherwise transferring firearms prior to the new
			 employee participating in the sale, lease or transfer of any firearms or
			 ammunition.
3) Verify completion of
			 the required annual training by the CL and all applicable employees by
			 submitting an affidavit to ISP indicating the CL and all applicable employees
			 have completed the training required by Section 5-30 of the Act. A copy of the
			 affidavit will be available through ISP's website. The affidavit shall be
			 submitted with each application for certification or renewal.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1232 - FIREARM DEALER LICENSE CERTIFICATION ACT › Section 1232.110 - Fees and Fines

Current through Register Vol. 48, No. 28, July 12, 2024
a) An
			 applicant for license certification shall submit the following certification
			 fee, submitted in the form of a certified check or money order payable to
			 "Illinois State Police", or by such other means as approved by ISP. Checks or
			 money orders shall be delivered to ISP as provided in Section 1232.180, upon
			 notification from ISP that the application has been approved. The notification
			 will advise the applicant of the applicable certification fee due.
1) The
certification fee
for
			 an FFL held by a person
operating without a retail location
,
			 as defined by Section 5-5 of the Act, shall be
$300
for each
			 application submitted.
2) The
certification fee
for an FFL held by a person
operating with a retail location
shall be $1,200 for each
			 application submitted. (Section 5-70 of the Act)
3) The renewal fee for an FFL shall be $100
			 for a certified licensee operating without a retail location and $400 for a CL
			 operating with a retail location.
4) For new CL applicants who are current FFL
			 holders as of January 18, 2019, the certification fee shall be prorated on a
			 monthly basis from the date of the initial FFL application and shall be
			 effective for the duration of the current FFL in the applicant's possession.
			 The prorated certification fee shall be based on the number of months remaining
			 on the applicant's current valid FFL.
5) For CLs who submitted a full certification
			 fee prior to the effective date of this Part, and who are eligible for
			 proration of the certification fee under subsection (a)(4), ISP will credit any
			 overpayment towards the cost of the CL's next renewal or, upon written request
			 by the CL to ISP, will issue a refund of any overpayment.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1232 - FIREARM DEALER LICENSE CERTIFICATION ACT › Section 1232.120 - Term of License

Current through Register Vol. 48, No. 28, July 12, 2024
a)
Each certification shall be valid for the term of the FFL being
			 certified. An FFL holder shall certify each new or renewed FFL. However, ISP is
			 not required to renew a certification if a prior certification has been revoked
			 or suspended.
(Section 5-75 of the Act)
b) If a certified licensee submits an
			 application for certification of a renewed FFL prior to the expiration of the
			 current FFL, the current certification shall remain valid while the application
			 is pending.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1232 - FIREARM DEALER LICENSE CERTIFICATION ACT › Section 1232.130 - Retention of Records

Current through Register Vol. 48, No. 28, July 12, 2024
a)
Each certified licensee shall keep, either in electronic form or hard
			 copy, all acquisition and disposition records for a period of time no less than
			 the time required under
			 27 CFR 478.129
			 or any subsequent law that regulates the retention of records.
Electronic-based recordkeeping will be required for certified licensees
			 operating a retail location on or after January 2, 2020, pursuant to Section
			 5-65 of the Act.
b)
All
			 video surveillance records, along with sound recordings
(if any)
obtained from them, shall be retained by the certified licensee for a
			 minimum of 90 days
and in accordance with Section
			 1232.60
.
(Section 5-80 of the Act)
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1232 - FIREARM DEALER LICENSE CERTIFICATION ACT › Section 1232.140 - Return of Suspended or Revoked Certificate of License

Current through Register Vol. 48, No. 28, July 12, 2024
a)
Upon the suspension or revocation
			 of a certification of license, the certified licensee shall surrender the
			 certificate to ISP in
accordance with Section 1232.180.
Upon
			 failure to do so, ISP will seize the certificate.
b)
When the certification is
			 suspended, the certified licensee shall not operate as a CL during the period
			 in which the certificate is suspended and, if operating during that period,
			 shall be operating in violation of Section 5-15(a) of the Act.
(Section 5-100(e) of the Act)
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1232 - FIREARM DEALER LICENSE CERTIFICATION ACT › Section 1232.150 - Disciplinary Sanctions; Restoration

Current through Register Vol. 48, No. 28, July 12, 2024
a)
For violations of the Act not
			 penalized under Section 5-15 of the Act, ISP may refuse to renew or restore, or
			 may reprimand, place on probation, suspend, revoke, or take other disciplinary
			 or nondisciplinary action against any certified licensee, and may impose a fine
			 commensurate with the severity of the violation not to exceed $10,000 for each
			 violation.
(Section 5-85(a) of the Act) Any disciplinary action taken
			 under this Section will be made public on the ISP website.
b) Violations that, after investigation, are
			 demonstrated to be the result of errors in record keeping, other required
			 inventory tracking mechanisms, or other ministerial errors that do not
			 constitute deliberate misfeasance, malfeasance, criminal intent, or negligence
			 may be addressed through nondisciplinary action, including, but not limited to,
			 a written warning, remediation plan, or additional training
			 requirements.
c) The following
			 factors shall be weighed by the Director or hearing officer appointed by the
			 Director when determining the severity of a violation that requires
			 disciplinary action:
1) Whether the violation
			 constitutes a criminal offense under the Criminal Code of 2012 [720 ILCS 5] or
			 any federal law and, if so, whether the violation would be considered a petty
			 or business offense, misdemeanor, or felony under Illinois law;
2) Whether the certified licensee cooperated
			 with ISP in its investigation;
3)
			 Whether the CL refused to cooperate with ISP in its investigation, including,
			 but not limited to, providing false or misleading information;
4) Whether the violation is the first
			 violation or a subsequent violation of the Act;
5) Whether the CL has received prior
			 discipline for the violation in question (i.e., 1st
			 violation, 2nd or subsequent violation);
6) The number of violations committed by the
			 CL;
7) Whether the violation
			 involves fraudulent activity, deception or misrepresentation;
8) Whether the violation directly resulted in
			 the death or injury to any person or damage to any property; and
9) Whether the violation constitutes a petty,
			 minor, or major violation as those terms are defined in subsections (c), (d)
			 and (e).
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1232 - FIREARM DEALER LICENSE CERTIFICATION ACT › Section 1232.160 - Complaints; Investigations; Hearings

Current through Register Vol. 48, No. 28, July 12, 2024
a) Notice of Intent to Deny
1) A refusal to issue a certificate of
			 license shall be initiated by the filing of a Notice of Intent to Deny and
			 issuance of a written Notice of Hearing. A Notice of Intent to Deny shall
			 clearly state the facts that inform the applicant of the particular acts or
			 circumstances complained of by ISP and the statutes or rules upon which the
			 allegations in the Notice of Intent to Deny are based.
2) A Notice of Intent to Deny and Notice of
			 Hearing shall be served upon the applicant, by certified mail to the
			 applicant's address of record, at least 30 days prior to the date set for
			 hearing. The Notices shall advise the applicant of the following:
A) a written answer to the charges must be
			 filed under oath within 20 days after service;
B) failure to answer will result in a default
			 being entered against the applicant; and
C) the time and place for the hearing on the
			 charges.
3) Answers to
			 the Notice of Intent to Deny shall be filed with ISP in the form and manner as
			 provided for in Sections 1232.180, 1232.190 and 1232.200.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1232 - FIREARM DEALER LICENSE CERTIFICATION ACT › Section 1232.170 - Order of the Director

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
			 Director shall review the hearing officer's Findings, Conclusions of Law, and
			 Recommendations and shall issue an order either adopting or declining to adopt
			 the hearing officer's Findings of Fact, Conclusions of Law, and
			 Recommendations, in whole or in part, within a reasonable time, not to exceed
			 60 days.
The order shall
also
contain a finding of
			 whether the accused
licensee
violated the Act or failed to
			 comply with the conditions required in the Act.
(Section 5-100(a) of
			 the Act)
b) The decision in the
			 case will become effective immediately upon the execution of a written order,
			 or as otherwise specified by either the order or applicable statute. The order
			 is final and subject to judicial review under Section 5-10 of the
			 Act.
c) A certified licensee shall
			 be immediately notified of the order, either personally or by certified mail,
			 addressed to the last known address of the CL. A copy of the order shall be
			 delivered or mailed to the CL or to his or her attorney of record.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1232 - FIREARM DEALER LICENSE CERTIFICATION ACT › Section 1232.180 - Filing

Current through Register Vol. 48, No. 28, July 12, 2024
a) Documents and
			 motions permitted or required to be filed with ISP in connection with a hearing
			 or response to a subpoena issued by ISP shall be addressed to and mailed to, or
			 filed in person with, the Illinois State Police, 801 South Seventh Street,
			 Springfield IL 62703, in duplicate or as otherwise directed by a hearing
			 officer if one has been appointed by the Director. The offices of ISP are open
			 for filing from 8:30 a.m. to 5:00 p.m., Monday through Friday, except on
			 National and State legal holidays.
b) By agreement of the parties or by order of
			 the hearing officer, filing of these documents may also be accomplished by
			 email to ISP and opposing party (or opposing party's counsel). Any filings by
			 email must be in PDF format and received by the recipient no later than 5:00
			 p.m. on the date filing is due.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1232 - FIREARM DEALER LICENSE CERTIFICATION ACT › Section 1232.190 - Form of Documents

Current through Register Vol. 48, No. 28, July 12, 2024
All documents filed with ISP must meet the following
				requirements:
a) Documents shall
			 clearly show the file Hearing Number and the title of the proceedings in
			 connection with which they are filed.
b) Except as otherwise provided, 2 copies of
			 all documents, including notices, motions, and petitions, shall be filed with
			 ISP.
c) Except as otherwise
			 provided, documents shall be typewritten or reproduced from typewritten copy on
			 letter or legal size white paper.
d) One copy of each document filed shall be
			 signed by the certified licensee or by his or her authorized representative or
			 attorney.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1232 - FIREARM DEALER LICENSE CERTIFICATION ACT › Section 1232.200 - Motion and Answer

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any
			 CL receiving a Complaint or Notice of Intent to Deny shall file an answer
			 within 20 calendar days after service and not later than 10 calendar days prior
			 to the date of hearing. All answers or motions preliminary to a hearing shall
			 be presented to ISP and to the hearing officer at least 10 calendar days prior
			 to the date of hearing, or on such other date as the hearing officer shall
			 designate, and shall be served personally or by certified mail.
b) Unless made orally on the record during a
			 hearing, or unless the hearing officer directs otherwise, an answer or motion
			 shall be in writing and shall be accompanied by any other evidence relied upon
			 and, as appropriate, by a proposed order. At least 2 copies of all such motions
			 shall be filed with ISP (one for the ISP attorney and one for the hearing
			 officer) and at least one copy served on each additional party, if any, to the
			 hearing.
c) Every answer shall
			 contain an explicit admission or denial of each allegation of the Complaint,
			 Notice of Intent to Deny, or motion to which it relates. Every allegation not
			 explicitly denied shall be deemed admitted unless the party states in his or
			 her answer that he or she has no knowledge of the allegation sufficient to form
			 a belief, and attaches an affidavit of the truth of the statement of want of
			 knowledge, or unless the party has had no opportunity to deny. Denials must not
			 be evasive, but must fairly answer the substance of the allegation
			 denied.
d) Within 10 calendar days
			 after service of a written motion, or such other period as the hearing officer
			 may prescribe, a party may file a response in support of or in opposition to
			 the motion, accompanied by affidavits or other evidence. If no response is
			 filed, the parties shall be deemed to have waived objection to the granting of
			 the motion. The moving party shall have no right to reply, except as permitted
			 by the hearing officer.
e) No oral
			 argument will be heard on a motion unless the hearing officer directs
			 otherwise. A written brief may be filed with a motion or a response to a
			 motion, stating the arguments and authorities relied upon.
f) The hearing officer shall rule upon all
			 motions, except that he or she shall have no authority to dismiss or decide a
			 hearing on the merits without granting all parties to the proceeding a right to
			 be heard and to establish a record.
g) A party may participate in the proceedings
			 without forfeiting any jurisdictional objection, if that objection is raised at
			 or before the time the party files his or her answer or motion, or, if no
			 answer or motion is made, before the commencement of the hearing.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1232 - FIREARM DEALER LICENSE CERTIFICATION ACT › Section 1232.210 - Rehearings

Current through Register Vol. 48, No. 28, July 12, 2024
a) Except as
			 otherwise provided by law, and for good cause shown, the Director may, in his
			 or her discretion, order a rehearing on written motion of the certified
			 licensee. The motion shall specify the particular grounds for
			 rehearing.
b) When the record of
			 testimony made at the hearing is found by the Director to be inadequate for
			 purposes of judicial review, the Director may order a reopening of the
			 hearing.
c) A motion for a
			 rehearing or a motion for the reopening of a hearing shall be filed within 20
			 calendar days after service of the Director's order. ISP may respond to the
			 motion for rehearing if it is determined that a response is necessary to
			 address issues raised in the rehearing motion. ISP's response shall be filed
			 within 20 calendar days after its service on ISP. A rehearing shall be noticed
			 and conducted in the same manner as an original hearing. The evidence received
			 at the rehearing shall be included in the record for the director's
			 reconsideration and for judicial review. A decision or order may be amended or
			 vacated after rehearing.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1232 - FIREARM DEALER LICENSE CERTIFICATION ACT › Section 1232.220 - Administrative Review

Current through Register Vol. 48, No. 28, July 12, 2024
a)
All final administrative decisions of ISP shall be subject to judicial
			 review under the Administrative Review Law
[735 ILCS 5 /Art. III].
			 (Section 5-110 of the Act) The term "administrative decision" is defined in
			 Section 3-101 of the Administrative Review Law.
b) If any final ISP action is appealed in
			 circuit court pursuant to this Section, the record on review shall include the
			 following:
1) The application and any other
			 related documents submitted;
2) Any
			 written documentation considered by ISP in making its final decision with
			 respect to the application;
3) Any
			 written correspondence between ISP and the person or entity submitting the
			 application, provided that the correspondence played a material role in the
			 final decision rendered by ISP, made a material argument to ISP with respect to
			 the application or petition, or would be helpful to the circuit court in
			 reviewing the matter because the correspondence provides helpful procedural
			 background; and
4) The transcript
			 of any administrative hearing and any documents or other evidence submitted at
			 the hearing.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1232 - FIREARM DEALER LICENSE CERTIFICATION ACT › Section 1232.230 - Mandatory Signage

Current through Register Vol. 48, No. 28, July 12, 2024
Sections 5-20 and 5-50 of the Act specify warning language that
				must be posted.
a) Signage shall be
			 posted as required under Sections 5-20 and 5-50 of the Act.
b) Templates for signs required pursuant to
			 Sections 5-20 and 5-50 of the Act are provided in Appendix A and are available
			 on ISP's website.
c) If a larger
			 sign is warranted, ISP's image must be incorporated into the sign, and the
			 required warning language must still be in block letters not less than one inch
			 in height.
d) The required signs
			 shall be clearly and conspicuously posted, as required by Sections 5-20 and
			 5-50 of the Act, on the premises where the certified licensee conducts
			 business.
1) The sign required by Section 5-20
			 of the Act shall advise persons that it is unlawful:
A)
to store or leave an unsecured
			 firearm in a place where a child can obtain access to it;
B)
to sell or transfer a firearm to
			 someone else without receiving an approval for the transfer from ISP;
and
C)
to fail to report
			 the loss or theft of a firearm to local law enforcement within 72
			 hours.
(Section 5-20 of the Act)
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1232 - FIREARM DEALER LICENSE CERTIFICATION ACT › Exhibit A - Warning Signage

Current through Register Vol. 48, No. 28, July 12, 2024
Pursuant to Sections 5-20 and 5-50 of the Act, the warning
				language on the signs must be in BLOCK LETTERS at least one inch in
				height.
The images are available on ISP's website for download. Image
				prints to 25" x 32".
Click here to view
				image
Click here to view
				image
Image prints to 8.5 " x 14".
Click here to view
				image
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1235 - FIREARM TRANSFER INQUIRY PROGRAM › Section 1235.20 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
Unless specified otherwise, all terms shall have the meaning
				set forth in Section
				1.1 of the Firearm Owner's
				Identification Card Act [430 ILCS
				65/1.1 ].
"Act" means Firearm Owner's Identification Card Act [430 ILCS
				65 ].
"Dealer" means a federally-licensed firearm dealer under the
				provisions of
				18
				U.S.C. 921 et seq.
"Department" means the Illinois Department of State
				Police.
"Firearm Transfer Inquiry Program" means the functional unit
				within the Bureau of Identification of the Department responsible for providing
				federally-licensed firearm dealers in the State of Illinois with a dial-up
				telephone system to determine the current eligibility of a transferee to
				acquire firearms.
"Transfer" means selling, assigning, pledging, leasing,
				loaning, giving away, pawning, redeeming, or otherwise disposing of firearms
				occurring at a single point in time. Transfer of more than one firearm to a
				single transferee at a single point in time is considered a single
				transfer.
"Transferee" means the recipient of a
				transfer.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1235 - FIREARM TRANSFER INQUIRY PROGRAM › Section 1235.30 - Federal and State Laws and Local Ordinances

Current through Register Vol. 48, No. 28, July 12, 2024
All federally-licensed firearm dealers must abide by all
				federal and State laws and local ordinances. Inquiries made to the Firearm
				Transfer Inquiry Program do not exempt or otherwise relieve federally-licensed
				firearm dealers from compliance with any other laws or
				ordinances.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1235 - FIREARM TRANSFER INQUIRY PROGRAM › Section 1235.40 - Access to System

Current through Register Vol. 48, No. 28, July 12, 2024
The Firearm Transfer Inquiry Program will receive automated
				inquiries 8:30 a.m. to 9:30 p.m., Monday through Sunday, 365 days a year, and
				manual inquiries from 8:30 a.m. to 4:30 p.m., Monday through Friday. Hours of
				operation shall be increased if need is identified and funding is
				available.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1235 - FIREARM TRANSFER INQUIRY PROGRAM › Section 1235.60 - Enrollment

Current through Register Vol. 48, No. 28, July 12, 2024
All participating dealers must be federally-licensed firearm
				dealers in Illinois and must enroll in the Firearm Transfer Inquiry Program
				upon initial licensing and upon renewal of licensing with the Bureau of
				Alcohol, Tobacco, and Firearms and every three years thereafter by completing
				the dealer enrollment form provided by the Department. These forms may be
				obtained from the Firearm Transfer Inquiry Program, P.O. Box 3677, Springfield,
				IL 62708-3677. The Department shall not charge a fee to enroll. The Department
				shall provide enrolled dealers with a unique number to be used when inquiring
				into the Firearm Transfer Inquiry Program. It is the responsibility of the
				federal firearm licensee to notify the Department of any change, license
				status, or licensing information.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1235 - FIREARM TRANSFER INQUIRY PROGRAM › Section 1235.70 - Inquiry Requirement

Current through Register Vol. 48, No. 28, July 12, 2024
All dealers shall inquire into the Firearm Transfer Inquiry
				Program for all transfers which require the transferee to display a currently
				valid Firearm Owner's Identification Card previously issued in his name by the
				Department under the provisions of the Act, except that an inquiry is not
				required for a transfer from one dealer to another dealer. The inquiry
				requirements apply equally to transfers involving new, used, and trade-in
				firearms. Regardless of the requirements of this Part, dealers must comply with
				all State and federal firearm laws.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1235 - FIREARM TRANSFER INQUIRY PROGRAM › Section 1235.80 - Inquiry Procedure

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
			 dealer will perform the inquiry by calling a toll-free telephone number
			 provided by the Department to the dealer. The number shall be kept confidential
			 by the dealer and only used to perform inquiries required under Section
			 1235.70.
b) The inquiry will consist of the permanent
			 portion of the dealer's federal firearm license number (the first three digits
			 and the last five digits), the dealer number issued by the Department, and the
			 transferee's Firearm Owner's Identification Card number.
c) In the event an inquiry results in a
			 conditional denial, the dealer will provide additional information to
			 facilitate a return call from the Department. The additional information shall
			 include a description of the subject firearm(s) sufficient to determine which
			 delivery waiting period applies and information concerning the dealer's
			 business hours for inquiry response purposes.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1235 - FIREARM TRANSFER INQUIRY PROGRAM › Section 1235.90 - Response Procedures

Current through Register Vol. 48, No. 28, July 12, 2024
The Department shall provide, during the initial dealer
				inquiry, an approval, denial, or conditional denial of the transfer. The time
				period for the Department to respond shall begin at the time the inquiry is
				received. When the Department provides a conditional denial, the dealer shall
				not transfer the firearm until an approval is provided by the Department or the
				length of time prescribed in Section 24-3 of the Criminal Code of 1961 [720
				ILCS 5/24.3 ] has been exceeded. Failure of the Department to provide an
				approval or denial within the prescribed length of time does not relieve the
				dealer from compliance with any other statutory restrictions on firearm
				transfers. Regardless of the requirements of this Part, transactions must
				comply with all State and federal firearm laws.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1235 - FIREARM TRANSFER INQUIRY PROGRAM › Section 1235.100 - Denial Notification

Current through Register Vol. 48, No. 28, July 12, 2024
If the Department denies approval to transfer firearms, the
				dealer shall enter the denial number on the Department's Firearm Transfer
				Inquiry Program denial notification form and provide the form to the
				transferee. The Department shall provide enrolled dealers with the denial
				notification forms.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1235 - FIREARM TRANSFER INQUIRY PROGRAM › Section 1235.110 - Transfer of Firearms

Current through Register Vol. 48, No. 28, July 12, 2024
The transfer of the firearm(s) associated with a particular
				inquiry shall only occur after the withholding of delivery provisions of
				Section 24-3 of the Criminal Code of 1961 [720 ILCS
				5/24-3 ] and within 30 days after the approval to
				transfer has been provided by the Department.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1235 - FIREARM TRANSFER INQUIRY PROGRAM › Section 1235.120 - Fees

Current through Register Vol. 48, No. 28, July 12, 2024
The fee for inquiries shall be $2.00 per inquiry. The fee shall
				be the cost to provide the service, but shall not exceed $2.00 per inquiry as
				defined by State statute. The fee shall be collected through a billing process
				implemented by the Department.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1235 - FIREARM TRANSFER INQUIRY PROGRAM › Section 1235.130 - Termination of Services

Current through Register Vol. 48, No. 28, July 12, 2024
a) If
			 a dealer fails to pay the fees for the Firearm Transfer Inquiry Program
			 transactions within 30 days after their due date, the Department shall notify
			 the dealer that failure to pay this bill will result in termination of
			 services.
b) If a dealer fails to
			 pay the fees for the Firearm Transfer Inquiry Program transactions within 60
			 days after their due date, the Department shall terminate Firearm Transfer
			 Inquiry Program services to the dealer.
c) If a dealer fails to comply with any of
			 the requirements of this Part, the Department shall notify the dealer of the
			 non-compliance. The dealer shall have 30 days from notification of
			 non-compliance in which to respond to the Department.
d) If a dealer fails to respond to a notice
			 of non-compliance or if the response fails to resolve the non-compliance to the
			 satisfaction of the Department, the Department shall terminate Firearm Transfer
			 Inquiry services to the dealer.
e)
			 If a dealer's continued access to Firearm Transfer Inquiry Program services
			 would result in a violation of law or create a danger to the public, services
			 may be suspended immediately.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1240 - LAW ENFORCEMENT AGENCIES DATA SYSTEM (LEADS) › Section 1240.10 - Introduction

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Illinois Law
			 Enforcement Agencies Data System (LEADS) provided by the Department of State
			 Police (Department) is a statewide, computerized telecommunications system
			 designed to provide services, information, and capabilities to the law
			 enforcement and criminal justice community in the State of Illinois.
b) The Director of the State Police
			 (Director) is responsible for establishing policy, procedures, and regulations
			 consistent with State and federal rules, policies, and law by which LEADS
			 operates. The Director shall designate a statewide LEADS Administrator for
			 management of the system. The Director may appoint a LEADS Advisory Policy
			 Board to reflect the needs and desires of the law enforcement and criminal
			 justice community and to make recommendations concerning policies and
			 procedures.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1240 - LAW ENFORCEMENT AGENCIES DATA SYSTEM (LEADS) › Section 1240.20 - The LEADS Advisory Policy Board (APB)

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Director shall appoint a LEADS APB to
			 advise the Director with respect to the needs and interests of the law
			 enforcement and criminal justice community.
b) The APB's Objectives and Scope of Activity
1) To recommend to the Director general
			 policy with respect to the philosophy, concept, and operational principles of
			 LEADS.
2) To review and consider
			 LEADS rules, regulations, standards, and procedures.
3) To consider and advise the Director with
			 respect to participating agency non-compliance and sanctions.
4) To review and consider other LEADS-related
			 issues as may be requested by the Director.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1240 - LAW ENFORCEMENT AGENCIES DATA SYSTEM (LEADS) › Section 1240.30 - Accessing LEADS Data and Participating in LEADS

Current through Register Vol. 48, No. 28, July 12, 2024
a) Access to and the extent of participation
			 in LEADS are determined by the criteria in this Section.
b) Definitions as used in this Section
1) "Direct access" refers to having a
			 terminal device or computer located on the agency's premises connected by a
			 data communications link to the LEADS computer.
2) "Full access" refers to direct access to
			 all LEADS data and services.
3)
			 "LEADS data" refers to all data available through the LEADS computer.
4) "LEADS services" refer to:
A) providing access to LEADS files;
B) processing messages through
			 LEADS;
C) providing training and
			 technical support to LEADS users; and
D) other LEADS-related services that may
			 become available from the Department.
5) "Less than full access" refers to limited
			 access to some LEADS data and services.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1240 - LAW ENFORCEMENT AGENCIES DATA SYSTEM (LEADS) › Section 1240.40 - Connecting to LEADS

Current through Register Vol. 48, No. 28, July 12, 2024
a) To
			 connect to LEADS, an agency must have computer hardware and computer software,
			 and be connected to a communications link to the LEADS Data Center in
			 Springfield. For each of these requirements, there are various options. In
			 addition, the agency must meet certain planning and administrative
			 responsibilities.
1) Notify LEADS
			 Administrator
When an agency desires to participate in LEADS and meets the
				qualifications described in Section
				1240.30
				or when an agency wishes to change its method of connecting to LEADS, it must
				make a written request at least 90 days in advance of the desired connection
				date. The request must be sent to the LEADS Administrator and must
				state:
A) When connection to LEADS is
			 desired; and
B) What equipment and
			 connecting options are planned by the agency.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1240 - LAW ENFORCEMENT AGENCIES DATA SYSTEM (LEADS) › Section 1240.50 - LEADS Access Security

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Each LEADS participating agency shall comply with the LEADS access security
			 standards established by the Department.
b) Personnel Security Requirements
1) Thorough background screening of
			 LEADS-related personnel is required by the employing agency. State and national
			 criminal history record checks by fingerprint identification must be conducted
			 for terminal operators, programmers, and other persons employed or utilized to
			 effectuate access to or initiate transmission of LEADS and National Crime
			 Information Center (NCIC) information, regardless of the frequency of access. A
			 fingerprint-based background check must be performed on any person with direct
			 access to LEADS. The agency shall submit both Illinois and FBI criminal justice
			 applicant fingerprint inquiries to the Illinois State Police, Bureau of
			 Identification.
2) No persons will
			 be permitted LEADS access unless they are of good character and have not been
			 convicted of a felony or a crime involving moral turpitude under the laws of
			 this or any other jurisdiction. Any person may have their LEADS access denied
			 if charged with a felony or crime of moral turpitude under the laws of this or
			 any other jurisdiction.
3) No
			 person may provide maintenance or technical services at or near LEADS equipment
			 unless they are of good character and have not been convicted of a felony or a
			 crime involving moral turpitude under the laws of this or any other
			 jurisdiction. Any persons may have their authority to provide maintenance or
			 technical services at or near LEADS equipment denied if charged with a felony
			 or a crime involving moral turpitude under the laws of this or any other
			 jurisdiction.
4) LEADS operators
			 shall use the terminal only for those purposes for which they are authorized.
			 The individual receiving a request for criminal justice information must ensure
			 the person requesting the information is authorized to receive the
			 data.
5) Each participating
			 criminal justice agency must have appropriate written standards for discipline
			 of LEADS and NCIC policy violators.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1240 - LAW ENFORCEMENT AGENCIES DATA SYSTEM (LEADS) › Section 1240.60 - Computerized Hot Files (CHF) Records

Current through Register Vol. 48, No. 28, July 12, 2024
a) CHF Maintenance
1) Any agency that has entered records into
			 the CHF must ensure that its terminal is operated on a 24-hour-per-day basis by
			 certified LEADS operators.
2) Each
			 LEADS record must be supported by an investigative document, active warrant, or
			 complaint. No LEADS entry shall be made solely on a telephone report by the
			 alleged victim or owner. Documents supporting LEADS records must be available
			 on a 24-hour-per-day basis to the terminal operator, either by direct access or
			 telephone inquiry, for purposes of case confirmation, quality control,
			 validation, record maintenance, etc.
3) Each agency must enter information into
			 LEADS or ensure information has been entered into LEADS as soon as the facts
			 are known and sufficient identifiers are available to permit the establishment
			 of a LEADS record.
4) All warrants
			 will be immediately entered into LEADS by the responsible agency within 24
			 hours after receiving reliable information sufficient to permit the
			 establishment of a LEADS record unless entry is delayed by emergency
			 operational needs.
5) Each agency
			 assumes responsibility for the accuracy of the records entered under its
			 authority. The accuracy of LEADS records must be double-checked by a second
			 party within 24 hours after entry. That verification will ensure the available
			 cross-checks (e.g., vehicle identification/license numbers) were made and that
			 data in the LEADS record matches the data in the investigative report. Each
			 agency will cooperate with LEADS quality control efforts by modifying or
			 removing records that are incorrect or invalid. An agency must take action with
			 respect to an incorrect or invalid record as soon as possible and no later than
			 the end of the shift or work period during which notification is received. The
			 Department (through "Serious Error" messages) has the right to remove any
			 record where a substantial question exists concerning the validity or accuracy
			 of the record.
6) Each agency will
			 respond to inquiries for confirmation from other agencies relative to the
			 validity and currency of its LEADS records based on the level of priority
			 requested, either urgent or routine.
7) Each agency will promptly cancel an entry
			 when the agency is notified or when it becomes aware that the legal intent of
			 its entry has been satisfied, i.e., stolen property has been recovered or the
			 suspect has been apprehended or returned. The agency that entered a record is
			 responsible for the accuracy of that record.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1240 - LAW ENFORCEMENT AGENCIES DATA SYSTEM (LEADS) › Section 1240.70 - Validation of CHF Records

Current through Register Vol. 48, No. 28, July 12, 2024
a) A
			 record is valid if the CHF data in the agency's LEADS records are supported by
			 documentation maintained by the agency.
b) CHF records in LEADS must be immediately
			 removed when no longer valid. Promptness in entering, modifying, voiding, and
			 cancelling records is essential to maintaining the integrity of the LEADS
			 files.
c) All agencies having
			 records in the LEADS CHF shall participate in the LEADS record quality-control
			 activities initiated by the Department.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1240 - LAW ENFORCEMENT AGENCIES DATA SYSTEM (LEADS) › Section 1240.80 - Dissemination of Data Obtained Through LEADS

Current through Register Vol. 48, No. 28, July 12, 2024
a) The LEADS network and LEADS data shall not
			 be used for personal purposes.
b)
			 Personal or unofficial messages shall not be transmitted.
c) LEADS data shall not be sold.
d) LEADS data shall not be disseminated to
			 any individual or organization that is not legally authorized to have access to
			 the information.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1240 - LAW ENFORCEMENT AGENCIES DATA SYSTEM (LEADS) › Section 1240.90 - Administrative and Training Responsibilities

Current through Register Vol. 48, No. 28, July 12, 2024
All LEADS agencies must meet the following administrative
				responsibilities:
a) Appoint LEADS
			 Agency Coordinator
1) Every LEADS terminal
			 agency is required to appoint one employee as its LEADS Agency Coordinator.
			 Immediately upon appointment, the name of this person must be submitted to the
			 LEADS Administrator.
2) The minimum
			 requirements for the appointed LEADS Agency Coordinator are:
A) Must be an employee under the direct
			 management control of the agency head;
B) Must be certified through the LEADS User
			 Certification Program prior to appointment and remain in certified status
			 during time of appointment; and
C)
			 Must be thoroughly familiar with all LEADS regulations, policies, capabilities,
			 and procedures.
3) The
			 duties of the LEADS Agency Coordinator include, but are not limited to:
A) Serve as liaison with Department
			 personnel;
B) Coordinate training
			 of all agency personnel on LEADS capabilities, procedures, regulations, and
			 policies;
C) Assist the agency head
			 to ensure all LEADS regulations and policies are followed; and
D) Provide input to LEADS personnel of the
			 Department regarding problems and ideas for improvement of and changes to
			 LEADS.
4) Immediately
			 upon the termination or reassignment of the LEADS Agency Coordinator, the
			 agency head must appoint a new LEADS Agency Coordinator and notify the LEADS
			 Administrator of the appointment.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1240 - LAW ENFORCEMENT AGENCIES DATA SYSTEM (LEADS) › Section 1240.100 - LEADS Terminal Agency Audits

Current through Register Vol. 48, No. 28, July 12, 2024
a) Each LEADS terminal agency will be audited
			 periodically by the Department. The agency will be notified prior to the
			 audit.
b) The LEADS Agency
			 Coordinator or designee must be present to assist the Department and make
			 available all agency files, logs, or any other documentation required to be
			 examined.
c) Following the audit,
			 each LEADS terminal agency will receive a written analysis detailing the
			 findings, recommendations, discussions, and requirements for compliance
			 generated by the audit.
d) If an
			 agency is found not in compliance with LEADS/NCIC policy, the agency head must
			 respond in writing to the LEADS Administrator within 30 days after receiving
			 the audit report with a plan of action that will place the agency within policy
			 guidelines. Upon completion of these corrective measures, the agency head must
			 notify the LEADS Administrator in writing that the agency has accomplished its
			 planned objectives and is now in full compliance with LEADS/NCIC policy and
			 regulations.
e) If the head of an
			 agency not in compliance with LEADS/NCIC policy fails to respond in writing to
			 the LEADS Administrator within 30 days after receiving an audit report with a
			 plan of action that will place the agency within policy guidelines or if the
			 agency head fails to notify the LEADS Administrator in writing that the agency
			 has accomplished its planned objectives and is now in full compliance with
			 LEADS policy and regulations, the agency will be considered non-compliant and
			 will be subject to suspension of all LEADS services or other
			 sanctions.
f) If an agency refuses
			 to cooperate in a Department audit, the agency will be considered non-compliant
			 and will be subject to suspension of all LEADS services or other
			 sanctions.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1240 - LAW ENFORCEMENT AGENCIES DATA SYSTEM (LEADS) › Section 1240.110 - Non-Compliance/Sanctions

Current through Register Vol. 48, No. 28, July 12, 2024
The Department may suspend all or any portion of LEADS service
				without prior notification as the result of an agency's non-compliance with
				laws, rules, regulations, or procedures.
a) Minor Violations (Low Risk)
When a violation occurs that does not threaten the integrity of
				LEADS or LEADS data, the LEADS Administrator will give written notice to the
				agency explaining the violation. If the matter is promptly addressed, no
				suspension of any LEADS access or service will occur.
b) Repeated, Continuous, Multiple, or Major
			 Violations that Do Not Require Immediate Suspension (Moderate Risk)
When an agency is repeatedly or continuously in violation, has
				committed multiple violations or has committed a major violation not requiring
				suspension, the Director or designee shall set a hearing date, providing the
				agency with at least a 20-day advance written notice.
c) Major Violations Requiring Immediate
			 Suspension (High Risk)
When a violation occurs that could seriously affect the
				integrity of LEADS or could threaten the safety of officers or the public, or
				is against the law, the Director may immediately suspend all or part of LEADS
				access or services without prior notice. When immediate suspension becomes
				necessary, the Director will notify the suspended agency and give the
				following:
1) A list of the services
			 that have been suspended;
2)
			 Alleged violations;
3) A hearing
			 date that shall be within 10 days after the date of the immediate suspension.
			 The Director may lift the suspension prior to the hearing for emergency or
			 public safety needs.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1240 - LAW ENFORCEMENT AGENCIES DATA SYSTEM (LEADS) › Section 1240.120 - Audits of Participating Agencies

Current through Register Vol. 48, No. 28, July 12, 2024
The Department of Law Enforcement reserves the right to conduct
				routine audits of any agency participating in LEADS at any time. The purpose of
				an audit will be to determine that all of these LEADS regulations in general or
				certain of these regulations in particular are being complied with.
a) Audit Procedures
1) The Department of Law Enforcement will:
A) Routinely give two (2) weeks notice prior
			 to the commencement of an audit;
B)
			 Provide personnel to conduct the audit;
C) Furnish a written report of its findings
			 to the audited agency at the conclusion of the audit.
Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 1240 - LAW ENFORCEMENT AGENCIES DATA SYSTEM (LEADS) › Section 1240.130 - Procedures for Implementing Changes

Current through Register Vol. 48, No. 28, July 12, 2024
a) Changes to This Part - If it should become
			 necessary for the Director of the Department of Law Enforcement to change the
			 regulations in this Part, the following procedures will be used:
1) Filed with the SOS - All changes to this
			 Part will be filed with the Secretary of State in accordance with provisions of
			 the Illinois Administrative Procedure Act (Ill. Rev. Stat. 1991, ch. 127, pars.
			 1005-35 and 1005-65).
2) Published
			 in the LEADS Reference Manual - Upon taking effect, changes to this Part will
			 be published and distributed as part of a routine, bi-monthly Modification to
			 the LEADS Reference Manual, Chapter 30.