Ill. Admin. Code tit. 20 § 1232.80

Current through Register Vol. 48, No. 49, December 6, 2024

Section 1232.80 - Safe Storage By Certified Licensees

a)Certified licensees maintaining a retail location shall develop a written plan that addresses the safe storage of firearms using secured gun storage or safety devices and the safe storage of firearms ammunition. Safe storage plans shall address the following areas:

1) Storage of firearms and ammunition during retail hours and after closing;

2) Access to firearms and ammunition during retail hours (business practices);

3) Procedures for removing or replacing firearms to show to customers;

4) Loss or theft reporting;

5) Description of anti-theft measures and practices;

6) Disaster plan;

7) Structural Security;

8) Employee Screening; and

9) Employee training and education regarding certified licensee's policy and procedures and loss prevention measures.

b)Safe storage plans shall be submitted to ISP for approval in an electronic format that will be provided by ISP. (Section 5-55 of the Act) Safe storage plans will require a written description of methods for complying with all areas listed in subsection (a). The safe storage plan shall also address the following practices:

1) Use of safety devices reasonably designed to prevent diversion, theft or loss;

2) Keep all locks and security equipment in good working order;

3) Ensure that keys remain in a location that is not accessible to persons other than specifically authorized personnel;

4) Maintain a roster of personnel possessing and/or using keys for secure storage areas and/or safety devices. The roster should, at a minimum, document the date and time (duration) the keys were in the employee's possession and the specific secure storage areas or safety devices accessible to personnel in possession of those keys.

5) Prohibit other security measures, such as combination numbers, codes, passwords or electronic or biometric security systems, from being accessible to persons other than specifically authorized personnel;

6) Keep the retail location securely locked and protected from unauthorized entry at all times when closed for business or unoccupied by authorized personnel;

7) Keep firearm ammunition stored out of the reach of customers unless the ammunition is being displayed in sealed cases or a quantity that could not be concealed on the person of an individual. Storage that is out of the reach of customers may include, but is not limited to, shelving that is arranged behind an enclosed counter area, or a safe, case, lock box or other receptacle that is not immediately accessible to unauthorized personnel. Firearm ammunition in smaller quantities that could be concealed on the person of an individual may be stored within the reach of customers if the firearm ammunition is equipped with a safety device designed to prevent theft.

8) Ensure inventory records are protected by securing the records after business hours in a locked location. Only authorized or law enforcement personnel shall be permitted to view or handle the inventory records;

9) Complete an internal audit of inventory (as defined in Section 1232.10) on a regular basis, but in no event less frequently than twice per calendar year. Internal audits shall be memorialized in writing, and the person or persons who conducted the internal audit shall be identified in the memorialized document. The document shall be made available to ISP upon request;

10) Keep current and accurate inventory acquisition and disposition records. These records shall be made available to ISP upon request;

11) Maintain a plan that adequately ensures the timely securing of inventory and firearm ammunition in the event of a disaster. The plan shall be made available to ISP upon request; and

12) Ensure employees with access to inventory and/or firearm ammunition, or who otherwise handle inventory and/or firearm ammunition, are not prohibited from possessing firearms under State or federal law.

c) If a loss, theft or diversion of inventory has occurred from a retail location, the certified licensee shall notify ATF and the local law enforcement agency having primary jurisdiction for the licensee's retail location within 48 hours after the loss or theft is discovered, pursuant to the notification requirements of 18 USC 923(g)(6). The certified licensee shall provide a copy of any such notification to ISP. If any firearms previously reported as lost or stolen are subsequently recovered by the CL, the CL shall notify ATF and the appropriate local law enforcement agency of the recovery.

Ill. Admin. Code tit. 20, § 1232.80

Added at 44 Ill. Reg. 12619, effective 7/8/2020.

Amended at 45 Ill. Reg. 6285, effective 4/29/2021