Illinois Administrative Code

Section 1230.APPENDIX A List of Assault Weapons Subject to an Endorsement Affidavit a) This list is consistent with the definition of "assault weapon" as set forth in Section 24-1.9 of the Criminal Code of 2012, and includes, but is not limited to, the copies, duplicates, variant…

Section 1230.EXHIBIT A Application for Firearm Owner's Identification Card (Form FOID-1.2) (Repealed) (Source: Repealed at 17 Ill. Reg. 18856, effective October 18, 1993)

Section 1232.10 Definitions 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 …

Section 1232.100 Electronic-based Recordkeeping a) On or before January 2, 2020, each certified licensee operating a retail location shall implement a searchable electronic record system to track its changing inventory by updating the date a firearm was received or sold, the name…

Section 1232.110 Fees and Fines 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 …

Section 1232.120 Term of License 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 However, ISP is not required to renew a certification if a prior certification has been revoked or suspended. (Secti…

Section 1232.130 Retention of Records 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…

Section 1232.140 Return of Suspended or Revoked Certificate of License 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 …

Section 1232.150 Disciplinary Sanctions; Restoration 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 a…

Section 1232.160 Complaints; Investigations; Hearings 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 st…

Section 1232.170 Order of the Director 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 Recommendatio…

Section 1232.180 Filing 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, Spri…

Section 1232.190 Form of Documents 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…

Section 1232.20 Application Procedures a) Application for a certificate of license shall be made by completing an application form provided by ISP. The application will be made available through ISP's website (www.isp.state.il.us) or in a form and manner prescribed by ISP as dire…

Section 1232.200 Motion and Answer 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 pre…

Section 1232.210 Rehearings 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 reco…

Section 1232.220 Administrative Review 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 Admi…

Section 1232.230 Mandatory Signage 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 pro…

Section 1232.30 Measuring Distances For purposes of Section 5-20(c) of the Act, the distance between a retail location and a school, pre-school, or day care facility shall be measured linearly and shall be the shortest distance between the nearest corner of the building holding t…

Section 1232.40 Exemptions FFL holders are not required to obtain a certificate of license if they do not engage in the business of selling, leasing, or otherwise transferring firearms, or if they only engage in any of the transfers described in Section 5-25 of the Act. However, …

Section 1232.50 Inspection of Certified Licensees' Places of Business a) Time for Inspection 1) Certified licensees shall have their places of business available for inspection by ISP, and by law enforcement agencies authorized by ISP to accompany ISP and provide assistance, duri…

Section 1232.60 Security System On or before January 2, 2021, a certified licensee operating a retail location shall be required to operate and maintain in good working order a 24 hour, seven days a week, video surveillance system. a) The system, at a minimum, shall record and mo…

Section 1232.70 Alarm Monitoring System a) Beginning January 2, 2020, a certified licensee maintaining firearms for sale, lease or transfer must be connected to an alarm monitoring system or service that will notify the licensee and/or the local law enforcement agency having prim…

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 …

Section 1232.90 Training; Statewide Compliance Standards 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 mat…

Section 1232.EXHIBIT A Warning Signage 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". Image prints to 8.5" x …

Section 1235.10 Purpose The purpose of this Part is to provide requirements and procedures for inquiry into the Firearm Transfer Inquiry Program.

Section 1235.100 Denial Notification 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…

Section 1235.110 Transfer of Firearms 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…

Section 1235.120 Fees 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. (Sourc…

Section 1235.130 Termination of Services 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)…

Section 1235.20 Definitions 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-licens…

Section 1235.30 Federal and State Laws and Local Ordinances 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 d…

Section 1235.40 Access to System 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…

Section 1235.50 Holidays Automated inquiries will be available on all State holidays. Manual transactions will not be available on State holidays. (Source: Amended at 27 Ill. Reg. 5998, effective March 21, 2003)

Section 1235.60 Enrollment 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 thr…

Section 1235.70 Inquiry Requirement 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 provis…

Section 1235.80 Inquiry Procedure 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…

Section 1235.90 Response Procedures 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 prov…

Section 1240.10 Introduction 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 enforcem…

Section 1240.100 LEADS Terminal Agency Audits 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 …

Section 1240.110 Non-Compliance/Sanctions 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 tha…

Section 1240.120 Audits of Participating Agencies 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 certai…

Section 1240.130 Procedures for Implementing Changes 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…

Section 1240.140 Non-Compliance Violation of this Part will be dealt with on an individual basis and could result in suspension of part or all LEADS capabilities, either temporarily or completely and permanently. The Department of Law Enforcement reserves the right to suspend all…

Section 1240.20 The LEADS Advisory Policy Board (APB) 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 t…

Section 1240.30 Accessing LEADS Data and Participating in LEADS 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 o…

Section 1240.40 Connecting to LEADS 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 …

Section 1240.50 LEADS Access Security 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 employin…

Section 1240.60 Computerized Hot Files (CHF) Records 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 investigativ…