FIREARMS DEALERS (4-144-700 et seq.)

Municipal Code of Chicago tit. 4, ch. 4-144, art. VII

in effect

Municipal Code of Chicago § 4-144-700 Definitions.

4-144-700 Definitions. For purposes of this Article, the following definitions apply: "Antique firearm," "Assault Weapon," "FOID." "Peace Officer," and "Superintendent" have the same meaning ascribed to those terms in section 8-20-010. "Authorized Employee" means a licensee's employee who: (1) is 21 years old or older; (2) has a valid FOID card; (3) is located at the licensed premises; and (4) is authorized by the licensee to control, handle, sell, store or otherwise possess firearms or ammunition. "Collector" and "Curio or relic firearm" have the meaning ascribed to those terms in 27 C.F.R. 478.11 or as listed on the United States Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives' Firearms Curios or Relics List, ATF Publication 5300.11, as amended. "Firearm" has the meaning ascribed to that term in section 8-20-010; provided that for purposes of this Article, a "firearm" does not include an antique firearm, "Handgun" means a firearm designed to be held and fired by the use of a single hand, and includes a combination of parts from which such firearm can be assembled. "Licensee" means a person issued a weapon dealer-firearms dealer license pursuant to this Article. "Responsible person" means any person listed as a responsible person on the licensee's or applicant's federal firearm license. "Store Manager" means a person who: (1) is 21 years old or older; (2) has a valid FOID card; and (3) is designated by the licensee for the responsibility of the on-site overall day-to-day operations of a firearms dealer licensed premises. "Straw purchaser" means a person who acquires a firearm for another person who: (i) is prohibited by law from possessing a firearm, or (ii) does not want his name associated with the transaction. (Added Coun. J. 6-25-14, p. 83727, § 4)

Municipal Code of Chicago § 4-144-710 Firearms dealer - License required.

4-144-710 Firearms dealer - License required. (a) It shall be unlawful for any person to engage in the business of: (1) selling or otherwise transferring, at retail, any ammunition or any new or previously owned firearm; or (2) repairing firearms or making or fitting special barrels, stocks or trigger mechanisms to firearms, without securing a weapons dealer-firearms dealer license to do so. (b) The license required under this Article shall be in addition to any other license required by this code or other applicable law; provided that: (1) no secondhand dealer license shall be required for a licensee to purchase from, sell to, or otherwise transfer a previously owned firearm to a customer at the licensed premises; (2) no weapons dealer-stun gun dealer license shall be required for a licensee to purchase from, sell to, or otherwise transfer to a customer a stun gun or taser at the licensed premises; or (3) no certificate of fitness or license issued pursuant to chapter 15-4 shall be required for the storage of ammunition at the licensed premises in compliance with this Article and section 15-4-985. (c) A license or renewal of a license issued under this Article shall expire two years after the date of issuance; provided that if after the effective date of this section, the licensee has an existing license issued under this Title 4 for the licensed premises, the commissioner is authorized to align the expiration date of the license issued under this Article to the expiration of any existing business license issued under this Title 4, and to prorate the fee for such license. (Added Coun. J. 6-25-14, p. 83727, § 4)

Municipal Code of Chicago § 4-144-720 License - Application.

4-144-720 License - Application. (a) An application for a license pursuant to this Article shall be made in conformity with the provisions of this Article and the general requirements of Chapter 4-4 relating to applications for licenses. No original or renewal license shall be issued to any applicant or licensee unless all persons required to be disclosed as applicants meet the eligibility requirements. (b) The application shall be in writing, signed by the applicant if an individual. If the applicant is a partnership or corporation, the application shall be signed by an officer or partner. If the applicant is a limited liability company managed by members, the application shall be signed by a manager. If the applicant is a limited liability company managed by its members, the application shall be signed by a member. The application shall be verified by oath or affidavit, and shall include the following statements and information: (1) in the case of an individual: the name, date of birth, residence address, current telephone number and social security number of the applicant; in the case of a partnership, limited partnership, corporation, limited liability company or other legal entity: the date and state of its organization or incorporation; the objects for which it was organized or incorporated; and the name, residence address, date of birth and social security numbers of any applicant; (2) the location and description of the premises which is to be operated under such license; (3) the name, address and phone number of the owner of the premises, including the name and address of the beneficiary if title to the premises is held by a person as trustee and if known to the applicant. If the premises is leased, a copy of the lease, which must include a statement of the building owner indicating that the owner agrees to the use of the building for the operation of a firearms dealer; (4) the name, date of birth, residence address and current telephone number of every store manager at the licensed premises; (5) a copy of the applicant's and manager's FOID cards; provided that if the applicant is not a natural person no FOID card shall be required for the applicant or controlling persons; (6) a copy of the applicant's federal firearm license; (7) the name, date of birth, residence address and current telephone number of all responsible persons; (8) a statement that the applicant is qualified to receive a license because the applicant, responsible person, store manager and all authorized employees meet all the requirements of: (i) any applicable provision of this Article; (ii) another applicable provision of this code; or (iii) any other applicable local, state or federal law; (9) a statement that the applicant, responsible person, store manager or any authorized employee has not been convicted, or found liable in an administrative adjudication, of a felony, a misdemeanor involving a firearm, or any other law concerning the manufacture, possession, use or sale of firearms; (10) a statement as to whether any previous license which authorized the sale of firearms issued by any jurisdiction to the applicant, responsible person, store manager or any authorized employee was revoked, the date of the revocation and the reasons for the revocation; and (11) any other information that the commissioner or the superintendent may require to implement this Article. (c) The commissioner shall forward the application to the departments of fire and police. Before a license shall be issued, the departments of buildings, fire and police shall inspect the premises for which the license is sought to determine whether the proposed licensed premises is in compliance with the provisions of this code and the rules and regulations promulgated thereunder relating to buildings, public safety and fire prevention. (d) The applicant, store manager and all responsible persons shall submit to fingerprinting by the department. (Added Coun. J. 6-25-14, p. 83727, § 4)

Municipal Code of Chicago § 4-144-730 License qualifications.

4-144-730 License qualifications. (a) No license shall be issued under this Article if the applicant, responsible person, store manager, or any authorized employee: (1) is under 21 years of age; (2) has ever been convicted of a felony; (3) has ever been convicted of a misdemeanor involving a firearm, or any other violation of law concerning the manufacture, use, possession or sale of firearms. (b) In addition to the qualifications set forth in subsection (a), if the applicant is selling or otherwise transferring firearms, no license shall be issued if: (1) the applicant has not been issued a valid federal firearm license for the proposed licensed premises; and (2) the applicant, store manager and all authorized employees do not possess valid FOID cards; provided that if the applicant is not a natural person, no FOID card shall be required of the applicant or controlling persons. (Added Coun. J. 6-25-14, p. 83727, § 4)

Municipal Code of Chicago § 4-144-740 License issuance - Restrictions.

4-144-740 License issuance - Restrictions. In addition to any other reason for revocation or denial of a license provided in this code, a license issued under this Article shall be denied or revoked for any of the following reasons: (a) The applicant's license under this Article, or any other license for the sale, manufacture, use or possession of firearms or ammunition, has been revoked for cause. (b) A license issued under this chapter for the location described in the application has been revoked for cause within three years of the date of the application. (c) An applicant or licensee makes any false, misleading or fraudulent statement or misrepresents any material fact in the license application or renewal of any license, or uses any scheme or subterfuge for the purpose of evading any provision of this Article. (d) An applicant or licensee at the time of application or renewal of a license would not be eligible for such license upon a first application. (e) An applicant or licensee has been issued one of the following licenses for the same premises; (1) secondhand dealer; (2) pawnbroker; (3) sale of alcoholic liquor; (4) medical cannabis dispensing organization; or (5) cultivation center. (f) A responsible person or store manager was a responsible person or store manager for a person whose license for the sale, manufacture, use or possession of firearms or ammunition was revoked for cause within the previous three years. (g) An applicant or licensee at the time of application or renewal of a license does not have a safety plan approved by the superintendent. (Added Coun. J. 6-25-14, p. 83727, § 4)

Municipal Code of Chicago § 4-144-750 Location restriction.

4-144-750 Location restriction. No license shall be issued for a location that is within 500 feet from any pre-existing primary or secondary school or any park owned or leased by any unit of local, state or federal government, measured from property line to property line. (Added Coun. J. 6-25-14, p. 83727, § 4)

Municipal Code of Chicago § 4-144-760 License issuance and conditional approval.

4-144-760 License issuance and conditional approval. (a) The commissioner shall approve or deny the application, or issue a conditional approval, no later than 45 days after payment of the license fee. (b) Upon review of the application, if the commissioner determines that an applicant meets the requirements for the issuance of a license except that the applicant has not been issued a federal firearm license, the commissioner may conditionally approve such application to permit the applicant to apply for a federal firearm license. The conditional approval shall be for a period of no longer than 120 days. The conditional approval does not authorize the applicant to engage in any business requiring a license under this Article. If the applicant fails to obtain a federal firearm license during the 120-day period, the application shall be denied. (Added Coun. J. 6-25-14, p. 83727, § 4)

Municipal Code of Chicago § 4-144-770 Responsible sales of firearms training.

4-144-770 Responsible sales of firearms training. (a) Within 30 days after issuance of a license under this Article, the licensee shall contact the superintendent, in a manner and form prescribed by the superintendent, to schedule an initial training session on the best practices for the responsible sale of firearms to be conducted by the police department. The current store manager and all current authorized employees shall complete the training program no later than 60 days after issuance of the license. Annually thereafter, the licensee shall contact the superintendent to schedule an initial training session for any store manager or authorized employee subsequently employed after the last initial training session conducted for that licensee. (b) After completion of the initial training program by a store manager or authorized employee, such store manager or authorized employee shall complete a refresher training program once every three years. (Added Coun. J. 6-25-14, p. 83727, § 4)

Municipal Code of Chicago § 4-144-780 Department duties.

4-144-780 Department duties. (a) The commissioner has the authority to promulgate rules and regulations to implement those aspects of this Article which fall under the commissioner's jurisdiction. (b) (1) The superintendent shall develop training programs, consistent with section 4-144-770, on the responsible sale of firearms for store managers and authorized employees. At a minimum, the training programs shall instruct store managers and authorized employees on best practices for the detection and deterrence of illegal purchases of firearms. (2) The superintendent has the authority to promulgate rules and regulations to implement those aspects of this Article, which fall under the superintendent's jurisdiction, including, but not limited to, the conducting of a physical inventory, training programs for licensees, the safety plan, and the safe storage and handling of firearms and ammunition. (Added Coun. J. 6-25-14, p. 83727, § 4)

Municipal Code of Chicago § 4-144-790 Legal duties.

4-144-790 Legal duties. A licensee shall: (a) obtain and keep current at all times throughout the duration of the license period, liability insurance for the operation of the premises described in such application or license in the aggregate amount of $1,000,000.00, issued by an insurer authorized to insure in Illinois. The insurance policy required by this section shall be for a term of at least 12 months, and shall be co-extensive with the first 12 months of the applicable license period. Thereafter, the licensee shall continue to maintain such insurance policy in full force and effect for the duration of the two-year license period. The licensee shall keep proof of the required insurance at the licensed premises at all times and, upon demand, shall produce such proof for inspection by an authorized city official. Each policy of insurance required under this section shall include a provision requiring 10 days advance notice to the commissioner prior to termination or lapse of the policy. (b) allow inspection of the licensed premises at all reasonable times by the department and the departments of buildings, police, and fire. (c) except as provided in section 4-144-795(a), permit only the store manager or authorized employees who meet the qualification requirements of section 4-144-730 to handle, sell, or possess firearms or ammunition. (d) initiate a state and FBI fingerprint-based record search of every authorized employee to verify the person's criminal background. If a licensee acquires any subsequent or independent knowledge that a store manager or authorized employee does not meet the qualifications, the licensee shall take immediate steps to ensure that such store manager or authorized employee does not have access to firearms. (e) conduct, no less than once per quarter, a physical inventory audit, which shall include, at a minimum, a listing of each firearm: (1) acquired or held by the licensee during the quarter; (2) sold or otherwise transferred during the quarter; and (3) stolen or lost during the quarter. Each listing shall include the make, model and serial number of each firearm. (f) store firearms separately from ammunition. Storage of firearms and ammunition shall comply with the approved safety plan, section 15-4-985, and any other applicable rule or regulation. (g) not display firearms or ammunition in any window. (h) post in a conspicuous place at each entrance to the licensed premises a sign that clearly states: THESE PREMISES ARE UNDER VIDEO SURVEILLANCE. YOUR IMAGE MAY BE RECORDED. (i) record every sale or transfer of a firearm or ammunition by video surveillance in such a manner as to clearly capture the facial features of the purchaser or transferee. The video surveillance recording must produce retrievable and identifiable images and video recordings in compliance with the approved safety plan and any rule promulgated by the superintendent. (j) notify, in writing, the superintendent and commissioner within 5 business days of receiving a notice of violation of any firearm licensing law issued by the federal government and the disposition of such violation, if known at the time. (k) have on-site at all times the licensed premises is open for business, a store manager or authorized employee who has completed the mandatory responsible firearm sales training program in compliance with section 4-144-770. (Added Coun. J. 6-25-14, p. 83727, § 4)

Municipal Code of Chicago § 4-144-795 Additional legal duties for the responsible sale of firearms and ammunition.

4-144-795 Additional legal duties for the responsible sale of firearms and ammunition. No licensee, store manager or authorized employee shall: (a) permit a customer to handle: (1) a firearm if the customer does not have a valid FOID card: (2) more than one firearm at a time. Prior to permitting a customer to handle a second firearm, the first firearm shall be returned to a locked display case or other secure storage location: (3) a firearm unless the firearm is unloaded and secured with a trigger lock or plastic tie; and (4) a firearm unless the store manager or authorized employee is present and attending to the customer. (b) sell or transfer any firearm to a person he knows to be intoxicated. (c) possess any black powder at the licensed premises. (d) deliver a firearm, incidental to a sale or transfer, to a purchaser until 24 hours after the application for such purchase or transfer has been made. provided that if the application is for a handgun, the delivery of such handgun shall be withheld for 72 hours after such application has been made. (e) sell or otherwise transfer: (1) any ammunition or long gun to a person under the age of 18; or (2) any handgun to a person under the age of 21. (f) sell or otherwise transfer to any person a firearm unless: (1) a background check is conducted to ensure that the person is not prohibited under state or federal law from possessing such firearm: (2) the person has a valid FOID card; and (3) the person has presented a valid government-issued photo identification card. (g) sell or otherwise transfer a handgun, unless the handgun bears the manufacturer's name, manufacturer's mark or model, and manufacturer's serial number assigned to that handgun. (h) sell or otherwise transfer a handgun if the licensee, store manager, or authorized employee knows that the person purchased a handgun within the previous 30 days; provided that this subsection shall not apply to a purchase of a handgun by: (1) peace officers; (2) a collector issued a federal firearm collector's license who is purchasing an antique, curio or relic firearm; (3) a person whose handgun was stolen or lost and the person reported the theft or loss to the appropriate local law enforcement official; or (4) a person returning a handgun purchased within the previous thirty days because the handgun is defective or damaged and the person is seeking a replacement handgun. (i) sell, possess, or otherwise transfer any assault weapon. (j) sell or otherwise transfer a firearm to any person who the licensee, store manager or authorized employee knows or reasonably should have known: (1) is not qualified, either under state or federal law, to possess a firearm; or (2) is a straw purchaser. (k) sell or otherwise transfer any ammunition unless: (1) the person has a valid FOID card, unless otherwise exempt by state or federal law; and (2) the person has presented a valid government-issued photo identification card. (l) permit any alcoholic liquor to be consumed at the licensed premises. (Added Coun. J. 6-25-14, p. 83727, § 4)

Municipal Code of Chicago § 4-144-800 Sale of certain ammunition prohibited.

4-144-800 Sale of certain ammunition prohibited. It shall be unlawful for any licensee, store manager or authorized employee to possess, sell, offer for sale, expose for sale, barter or give away to any person within the city, any metal piercing bullet or 50 BMG ammunition. For purposes of this section "metal piercing bullet" means any bullet that is manufactured with other than a lead or lead alloy core, or ammunition of which the bullet itself is wholly composed of, or machined from, a metal or metal alloy other than lead, or any other bullet that is manufactured to defeat or penetrate bullet-resistant properties of soft body armor or any other type of bullet-resistant clothing which meets the minimum requirements of the current National Institute for Justice Standards for "Ballistic Resistance of Police Body Armor." A "metal piercing bullet" shall not include shot shells containing pellets of less than .22 inches in diameter or frangible ammunition composed of powdered metal designed to completely disintegrate upon impact with an object. (Added Coun. J. 6-25-14, p. 83727, § 4)

Municipal Code of Chicago § 4-144-810 Safety plan.

4-144-810 Safety plan. (a) At the same time an applicant submits an application for a license, the applicant must submit a safety plan to the superintendent in a form and manner prescribed by the superintendent. After review of the proposed safety plan, the superintendent, in consultation with the executive director of emergency management and communications, the fire commissioner, and any other appropriate department, shall either approve or deny the safety plan within 30 days of its submission. During the 30-day review period, the superintendent may consult with the applicant to recommend amendments to the proposed plan. If the superintendent denies a safety plan, he shall state, in writing, the basis for such denial. The superintendent shall notify the commissioner of such approval or denial. (b) Every safety plan shall include a floor plan of the proposed site and provisions that address: (i) the installation and maintenance of adequate exterior lighting; (ii) the installation and maintenance of interior and exterior surveillance cameras installed at the licensed location; (iii) the installation of an alarm system; (iv) protocols for the safe display and storage of ammunition and firearms; (v) the employment of adequately trained personnel; (vi) procedures for inventory audits; and (vii) procedures for the detection and deterrence of straw purchasing; all in accordance with rules prescribed by the superintendent. Recordings from the surveillance cameras required by clause (ii) shall be maintained for not less than 30 days and shall be made available upon request to members of the police department. The licensee shall obtain all necessary permits, including a public way use permit if applicable; provided that notwithstanding any other provision of the code to the contrary, no fee for a public way use permit will be imposed when the permit is for any surveillance camera installed pursuant to this subsection solely because the camera or its wiring is in any portion of the public way. (c) Any proposed change to the approved safety plan shall be submitted to the superintendent, in a form and manner prescribed by the superintendent, prior to the implementation of such change. The superintendent shall approve or deny the proposed change within 30 days. (d) The licensee shall keep a copy of the approved safety plan at the licensed premises and make it available upon request for inspection by members of the department or the police department. (e) No license may be issued or renewed unless the superintendent approves the applicant's or licensee's safety plan. (f) Every licensee shall comply with the safety plan, as approved by the superintendent. (g) The failure to adequately implement, maintain, or adhere to the provisions of the approved safety plan under this section shall be grounds for suspension or revocation of the license and shall be grounds for the city to recover its costs resulting from such failure under Chapter 1-20. (Added Coun. J. 6-25-14, p. 83727, § 4)

Municipal Code of Chicago § 4-144-820 Records.

4-144-820 Records. (a) In addition to any other applicable state and federal law requiring records and record retention, the licensee shall maintain the following records: (1) for the purchase of a firearm, a copy of the purchaser's FOID card and photo identification for a period of not less than 10 years from the date of purchase of the firearm; (2) for the purchase of ammunition, a copy of the purchaser's FOID card, if required to have one, and photo identification, as provided in rules and regulations promulgated by the superintendent; (3) a copy of the fingerprints and FOID card of every authorized employee for a period of not less than 5 years after an authorized employee is no longer designated as an authorized employee; (4) a copy of a police report for every firearm reported lost or stolen by the licensee for a period of not less than 20 years after the report was made; (5) a copy of the quarterly inventory required pursuant to section 4-144-790(e) for a period of not less than 10 years after the completion of the inventory; and (6) a recovered firearm log. For purposes of this subsection a "recovered firearm log" is a record of all requests received from the Bureau of Alcohol, Tobacco, Firearms and Explosives for a Firearms Transaction Record form. (b) Unless otherwise preempted by state or federal law, such records shall at all times during the licensee's business hours be open to inspection by any member of the police department or the department. (Added Coun. J. 6-25-14, p. 83727, § 4)

Municipal Code of Chicago § 4-144-830 Operating without a license.

4-144-830 Operating without a license. Any person who engages in the business of selling or otherwise transferring any firearm or ammunition without first having obtained the required license shall be subject to a fine of not less than $3,000.00 nor more than $5,000.00, or incarceration for a period not to exceed six months, or both. Each day that a violation continues shall constitute a separate and distinct offense. (Added Coun. J. 6-25-14, p. 83727, § 4)

Municipal Code of Chicago § 4-144-840 Penalty.

4-144-840 Penalty. (a) Any person who violates section 4-144-795(e); 4-144-795(f); 4-144-795(g); 4-144-795(h); 4-144-795(i); 4-144-795(j); or 4-144-800 shall be fined not less than $3,000.00 nor more than $5,000.00, or incarcerated for a period not to exceed six months, or both. Any person who violates section 4-144-820 shall be fined not less than $1,500.00 nor more than $5,000.00. or incarcerated for a period not to exceed six months, or both. For all other violations, unless another fine or penalty is specifically provided, any person who violates any provision of this Article, or any rule or regulation promulgated thereunder, shall be subject to a fine of not less than $1,500.00 nor more than $3,000.00 for each offense, or incarceration for a period not to exceed six months, or both. Each day that such violation exists shall constitute a separate and distinct offense. (b) Every act or omission constituting a violation of this Article by any officer, director, manager, employee or agent of the licensee shall be deemed to be the act or omission of such licensee and such licensee shall be liable for all penalties and sanctions provided by this Article in the same manner as if such act or omission had been done or omitted by the licensee personally. (Added Coun. J. 6-25-14, p. 83727, § 4)

Source: City of Chicago, Municipal Code of Chicago (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/chicago/latest/chicago_il/0-0-0-2633545Fetched: 10/24/2026