Ill. Admin. Code tit. 20 § 1230.45

Current through Register Vol. 48, No. 45, November 8, 2024

Section 1230.45 - Firearm Serial Number System to Identify Firearms Reported Stolen

a) Access to Illinois information online

1) The Department will establish a component to its FOID/FCCL Online System for the purpose of searching stolen gun information as reported by law enforcement agencies which is derived from the Illinois Law Enforcement Agencies Data System (LEADS) and authorized for release to the public.

2) This component shall be known as the ISP Stolen Firearms System.

3) The serial or identification number assigned to a particular firearm by the manufacturer may not be unique; duplicates may exist. The information contained within the system may not solely be used as a confirmation that any firearm is stolen.

4) If the identifiers entered hit as a potential match to an active report, then the potential match must be verified with the law enforcement agency that reported the firearm theft within LEADS.

b) Searching the system

1) Effective July 1, 2022, whenever a person sells or transfers a firearm under Section 3 of the Act [430 ILCS 65/3] , the seller may access the ISP Stolen Firearms System and enter the firearm identification information for the firearm to be sold or transferred.

2) Effective January 1, 2024, whenever a person sells or transfers a firearm under Section 3 of the Act [430 ILCS 65/3] , the seller must access the ISP Stolen Firearms System and enter the firearm identification information for the firearm to be sold or transferred.

3) Upon accessing the ISP Stolen Firearms System and submitting firearms identification information, the seller will receive a transaction number confirming that they accessed the system and will receive information regarding whether a potential match was identified.

4) Effective January 1, 2024, the seller must provide proof of the ISP Stolen Firearm System search and results therefrom to the purchaser prior to completing the sale or transfer.

A) A receipt printed from the ISP Stolen Firearms System with a transaction number shall serve as proof of the search.

B) Both parties must retain a copy of the receipt printed from the ISP Stolen Firearms System as a part of the record required by Section 3(b) of the Act.

5) Only persons transferring a firearm may access the ISP Stolen Firearms System to search Illinois stolen gun information.

c) Review of potential matches

1) The Department will assign appropriate personnel to follow-up with the local law enforcement agency that reported the firearm theft within LEADS.

2) The local law enforcement agency that reported the firearm theft within LEADS will cooperate with the Department to ensure any firearms transferred pursuant to Section 3(a-25) of the Act have not been reported stolen.

3) The seller and buyer shall cooperate with the Department, as well as the local law enforcement agency that reported the firearm theft within LEADS, in any investigation they may commence regarding a potential match.

Ill. Admin. Code tit. 20, § 1230.45

Added at 46 Ill. Reg. 6798, effective 4/12/2022