Illinois Compiled Statutes 430 ILCS 68/5-15 – Certification requirement
Current as of: 2024 | Check for updates
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(a) Beginning 180 days after the effective date of this Act, it is unlawful for a person or entity to engage in the business of selling, leasing, or otherwise transferring firearms without a valid certificate of license issued under this Act. In the event that a person or entity maintains multiple licenses to engage in different lines of business requiring different licenses at one location, then the licenses shall be deemed one license for purposes of certification. In the event that a person or entity maintains multiple licenses to engage in business at multiple locations, under the same business name on the license or a different business name on the license, then each license and location must receive its own certification.
(b) It is unlawful for a person or entity without first being a certified licensee under this Act to act as if he or she is certified under this Act, to advertise, to assume to act as a certified licensee or to use a title implying that the person or entity is engaged in business as a certified licensee without a license certified under this Act.
For details, see § Ill. Comp. Stat. 730 ILCS 5/5-4.5-55
(c) It is unlawful to obtain or attempt to obtain any certificate of license under this Act by material misstatement or fraudulent misrepresentation. Notwithstanding the provisions of Section 5-85, in addition to any penalty imposed under this Section, any certificate of license obtained under this Act due to material misstatement or fraudulent misrepresentation shall automatically be revoked.
(d) A person who violates any provision of this Section is guilty of a Class A misdemeanor for a first violation, and a Class 4 felony for a second or subsequent violation.
(e) In addition to any other penalty provided by law, any person or entity who violates any provision of this Section shall pay a civil penalty to the Illinois State Police in an amount not to exceed $10,000 for each offense, as determined by the Illinois State Police. The civil penalty shall be assessed by the Illinois State Police after a hearing is held in accordance with Sections 5-95 and 5-100.
(f) The Illinois State Police has the authority and power to investigate any and all unlicensed activity requiring a license certified under this Act.
(g) The civil penalty shall be paid within 90 days after the effective date of the order imposing the civil penalty. The order shall constitute a judgment and may be filed and execution had thereon in the same manner as any judgment from any court of record.
(h) In the event the certification of a certified licensee is revoked, it shall be a violation of this Act for the revoked licensee to seek certification of a license held under a different business name, or to re-open as a certified licensee under another business name using the same license or as the same person or entity doing business under a different business name.
(i) The Illinois State Police shall require all of the following information from each applicant for certification under this Act:
(1) The name, full business address, and telephone
(b) It is unlawful for a person or entity without first being a certified licensee under this Act to act as if he or she is certified under this Act, to advertise, to assume to act as a certified licensee or to use a title implying that the person or entity is engaged in business as a certified licensee without a license certified under this Act.
Attorney's Note
Under the Illinois Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class A misdemeanor | up to 1 year | up to $2,500 |
Terms Used In Illinois Compiled Statutes 430 ILCS 68/5-15
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- State: when applied to different parts of the United States, may be construed to include the District of Columbia and the several territories, and the words "United States" may be construed to include the said district and territories. See Illinois Compiled Statutes 5 ILCS 70/1.14
(c) It is unlawful to obtain or attempt to obtain any certificate of license under this Act by material misstatement or fraudulent misrepresentation. Notwithstanding the provisions of Section 5-85, in addition to any penalty imposed under this Section, any certificate of license obtained under this Act due to material misstatement or fraudulent misrepresentation shall automatically be revoked.
(d) A person who violates any provision of this Section is guilty of a Class A misdemeanor for a first violation, and a Class 4 felony for a second or subsequent violation.
(e) In addition to any other penalty provided by law, any person or entity who violates any provision of this Section shall pay a civil penalty to the Illinois State Police in an amount not to exceed $10,000 for each offense, as determined by the Illinois State Police. The civil penalty shall be assessed by the Illinois State Police after a hearing is held in accordance with Sections 5-95 and 5-100.
(f) The Illinois State Police has the authority and power to investigate any and all unlicensed activity requiring a license certified under this Act.
(g) The civil penalty shall be paid within 90 days after the effective date of the order imposing the civil penalty. The order shall constitute a judgment and may be filed and execution had thereon in the same manner as any judgment from any court of record.
(h) In the event the certification of a certified licensee is revoked, it shall be a violation of this Act for the revoked licensee to seek certification of a license held under a different business name, or to re-open as a certified licensee under another business name using the same license or as the same person or entity doing business under a different business name.
(i) The Illinois State Police shall require all of the following information from each applicant for certification under this Act:
(1) The name, full business address, and telephone
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number of the entity. The business address for the entity shall be the complete street address where firearms in the inventory of the entity are regularly stored, shall be located within the State, and may not be a Post Office Box.
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(2) All trade, business, or assumed names used by
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the certified licensee by and under which the certified licensee sells, transfers, or facilitates transfers of firearms.
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(3) The type of ownership or operation, such as a
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partnership, corporation, or sole proprietorship.
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(4) The name of the owner or operator of the
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dealership, including:
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(A) if a person, then the name and address of
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record of the person;
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(B) if a partnership, then the name and address
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of record of each partner and the name of the partnership;
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(C) if a corporation, then the name, address of
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record, and title of each corporate officer and each owner of more than 5% of the corporation, the corporate names by and which the certified licensee sells, transfers, or facilitates transfers of firearms, and the name of the state of incorporation; and
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(D) if a sole proprietorship, then the full
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name and address of record of the sole proprietor and the name of the business entity.
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