Chicago Police DepartmentSpecial Order S04-26-17
Firearms Dealers
Issue Date:30 October 2015Effective Date:30 October 2015
Rescinds:
Index Category:Preliminary Investigations
I.Purpose
This directive introduces:
  • A.Municipal Code of Chicago (MCC) Chapter 4-144, Article VII, Firearms Dealers
  • B.Firearms Dealer Safety Committee
II.Municipal Code of Chicago (MCC) Chapter 4-144, Article VII, Firearms Dealers
  • A.Applicable sections of Chapter 4-144 include:
    • 1.MCC 4-144-700, Definitions.
    • 2.MCC 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.
    • 3.MCC 4-144-720, License - Application.
    • 4.MCC 4-144-730, License Qualifications.
    • 5.MCC 4-144-740, License issuance-restrictions.
    • 6.MCC 4-144-750, Location restriction.
    • 7.MCC 4-144-760, License Issuance and Conditional Approval.
    • 8.MCC 4-144-770, Responsible sales of firearms training:
      • a.Within 30 days after issuance of a license, the licensee shall contact the Superintendent to schedule an initial training session on the best practices for the responsible sale of firearms to be conducted by the 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.
      • 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.
    • 9.MCC 4-144-780, Department duties.
      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.
      NOTE:
      The Bureau of Organized Crime, Gang Investigation Division will be responsible for developing and conducting all applicable training programs for licensed firearms dealers as required in MCC 4-144-770 and 4-144-780.
    • 10.MCC 4-144-790, Legal duties.
    • 11.MCC 4-144-795, Additional legal duties for the responsible sale of firearms and ammunition.
    • 12.MCC 4-144-800, Sale of certain ammunition prohibited.
    • 13.MCC 4-144-810, Safety Plan.
      An application for a Firearms Dealer License will be submitted to the Department of Business Affairs and Consumer Protection (BACP). At the same time, the applicant must submit a safety plan to the Superintendent. After review of the proposed safety plan, the Superintendent shall either approve or deny the proposed 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 safety plan. If the Superintendent denies a proposed safety plan, it shall be stated in writing, the basis for such denial. The Superintendent shall notify the Commissioner, BACP, of such approval or denial. The general requirements of the safety plan are described in MCC 4-144-810(b).
    • 14.MCC 4-144-820, Records.
    • 15.MCC 4-144-830, Operating without a license.
    • 16.MCC 4-144-840, Penalty.
III.Firearms Dealer Safety Committee
  • A.The Firearms Dealer Safety Committee includes Department members from:
    • 1.Bureau of Patrol - Administration, Executive Officer, or designee, will serve as Firearms Dealer Safety Committee, Chairperson,
    • 2.Bureau of Patrol, District Commander, or designee, from the district in which the firearms dealer license application and safety plan was submitted, will serve as Firearms Dealer Safety Committee, Vice-Chairperson,
    • 3.Bureau of Organized Crime, Gang Investigation Division, Commander, or designee,
    • 4.Bureau of Organized Crime, Vice and Asset Forfeiture Division, Commander, or designee, and
    • 5.Education and Training Division, Deputy Chief, or designee.
  • B.Safety Plan Review Process
    • 1.The Firearms Dealer Safety Committee will develop and update, as needed, the "Firearms Dealer Model Safety Plan" which will be posted on the Department's website at chicagopolice.org.
    • 2.An applicant for a Firearms Dealer license will submit their proposed safety plan via email to weaponsdealers@chicagopolice.org. This email address will be monitored by the Bureau of Patrol - Administration, Executive Officer, or designee. In addition to an email submission, the applicant will hand-carry a hard copy of the proposed safety plan to the Bureau of Patrol, Administration, Chicago Public Safety Headquarters.
      NOTE:
      All email and hard copies of materials received by Bureau of Patrol - Administration will be forwarded to the Bureau of Organized Crime, Gang Investigation Division, Vice and Asset Forfeiture Division, and all other applicable Department units.
    • 3.Upon receipt of a proposed safety plan, the Firearms Dealer Safety Committee Chairperson, or designee, will convene a meeting of the Firearms Dealer Safety Committee to review the proposed safety plan to determine whether it is in compliance with section 4-144-810 of the MCC and the Firearms Dealer Rules and Regulations, which includes compliance with the model safety plan.
    • 4.Prior to the issuance of the Firearms Dealer license, members of the Firearms Dealer Safety Committee will make a site visit and inspect the premises to determine whether the proposed firearms dealer premises is in compliance with the applicable MCC and the Firearms Dealers Rules and Regulations.
    • 5.The Firearms Dealer Safety Committee may consult with other Department units and outside Departments such as: Information Services Division (ISD), Office of Emergency Management and Communication (OEMC), Fire Department, Department of Buildings, and any other appropriate City Department, or any unit within the Department for technical advice and expertise as necessary.
    • 6.After review of the proposed safety plan and the site visit, the Firearms Dealer Safety Committee will submit a recommendation to the Superintendent as to whether the proposed safety plan should be approved or denied.
      NOTE:
      The Superintendent has 30 days from submission to approve or deny the proposed safety plan. As a result, the chairperson will ensure that the Firearms Dealer Safety Committee makes a recommendation to the Superintendent in a timely manner.
    • 7.After the Superintendent approves or denies the proposed safety plan, the Commander of the Vice and Asset Forfeiture Division will be responsible for notifying BACP of the decision.
      NOTE:
      Section 4-144-810 requires that if the Superintendent decides to deny a safety plan, the basis for the denial must be stated in writing.
    • 8.Requests to change an approved safety plan will be reviewed in a similar manner as described above. The Superintendent will have 30 days to approve or deny the proposed change.
IV.Responsibilities
  • A.Commander, Gang Investigation Division will be responsible for:
    • 1.developing and conducting a training program for firearms dealers and their employees on the best practices for the responsible sale of firearms, as specified in section 4-144-780(b) of the MCC,
    • 2.monitoring the email address: firearmsalestraining@chicagopolice.org. Firearms Dealer licensees will send requests to schedule the required training through the Department via this email address,
      NOTE:
      Email received at this address, along with any additional attachments or contents, will be forwarded to the Vice and Asset Forfeiture Division, and all other applicable Department units.
    • 3.upon receipt of a request for training, scheduling the training within the time frames specified in section 4-144-770 of the MCC,
    • 4.monitoring spot checks of licensed Firearms Dealer location,
    • 5.ensuring a follow up investigation is completed after a bona fide criminal incident at a licensed firearms dealer location, and
    • 6.ensuring an investigation is completed when the Department is notified by a firearms dealer that they have received a notice of violation from the Federal government.
  • B.Bureau of Patrol - Administration, Executive Officer responsibilities will include:
    • 1.serving as chairperson of the Firearms Dealers Safety Committee,
    • 2.fulfilling the duties of chairperson as specified in item III-B of this directive,
    • 3.maintenance and storage of licensed firearms dealer records, approved safety plans, inspection reports, investigative reports, and
    • 4.ensure each approved safety plan is submitted to the Deployment Operation Section to be entered in Facilities Information Management System (FIMS).
  • C.Field Unit responsibilities, when responding to an OEMC dispatch to a firearms dealer premises, include:
    • 1.responding to location of dispatch,
    • 2.investigate the location based on nature of dispatch,
    • 3.refer to approved safety plan in FIMS to assist in the preliminary investigation,
    • 4.if dispatched to a bona fide criminal and/or license violation incident at a licensed firearms dealer location, complete all applicable reports and make notifications to:
      • a.Bureau of Organized Crime, Gang Investigation Division and
      • b.Bureau of Organized Crime, Vice and Asset Forfeiture Division.
        NOTE:
        During non-operational hours, notifications will be made to the Bureau of Organized Crime 24-hour desk at PAX 4300.
    • 5.follow procedures for reporting violations of the law which occur on City licensed premises or which are committed by city licensees consistent with the procedures outlined in the Department directive entitled "City Licensed Premises and Licensees."
Authenticated by: KC
Garry F. McCarthy
Superintendent of Police
14-035 RWN