99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 SB1920

Introduced 2/20/2015, by Sen. Julie A. Morrison

SYNOPSIS AS INTRODUCED:

430 ILCS 65/3.1 from Ch. 38, par. 83-3.1

Amends the Firearm Owners Identification Card Act. Provides that a federally licensed firearm dealer may charge a fee, not to exceed $10, for the inquiry as to whether the purchaser of a firearm, stun gun, or taser is disqualified under federal or State law from acquiring or possessing the firearm, stun gun, or taser.

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FISCAL NOTE ACT MAY APPLY

A BILL FOR

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1 AN ACT concerning safety.

2 Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4 Section 5. The Firearm Owners Identification Card Act is

5 amended by changing Section 3.1 as follows:

6 (430 ILCS 65/3.1) (from Ch. 38, par. 83-3.1)

7 Sec. 3.1. Dial up system.

8 (a) The Department of State Police shall provide a dial up

9 telephone system or utilize other existing technology which

10 shall be used by any federally licensed firearm dealer, gun

11 show promoter, or gun show vendor who is to transfer a firearm,

12 stun gun, or taser under the provisions of this Act. The

13 Department of State Police may utilize existing technology

14 which allows the caller to be charged a fee not to exceed $2.

15 Fees collected by the Department of State Police shall be

16 deposited in the State Police Services Fund and used to provide

17 the service.A federally licensed firearm dealer may charge a

18 fee, not to exceed $10, for the inquiry required under

19 subsection (b) of this Section.

20 (b) Upon receiving a request from a federally licensed

21 firearm dealer, gun show promoter, or gun show vendor, the

22 Department of State Police shall immediately approve, or within

23 the time period established by Section 24-3 of the Criminal

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1 Code of 2012 regarding the delivery of firearms, stun guns, and

2 tasers notify the inquiring dealer, gun show promoter, or gun

3 show vendor of any objection that would disqualify the

4 transferee from acquiring or possessing a firearm, stun gun, or

5 taser. In conducting the inquiry, the Department of State

6 Police shall initiate and complete an automated search of its

7 criminal history record information files and those of the

8 Federal Bureau of Investigation, including the National

9 Instant Criminal Background Check System, and of the files of

10 the Department of Human Services relating to mental health and

11 developmental disabilities to obtain any felony conviction or

12 patient hospitalization information which would disqualify a

13 person from obtaining or require revocation of a currently

14 valid Firearm Owner's Identification Card.

15 (c) If receipt of a firearm would not violate Section 24-3

16 of the Criminal Code of 2012, federal law, or this Act the

17 Department of State Police shall:

18 (1) assign a unique identification number to the

19 transfer; and

20 (2) provide the licensee, gun show promoter, or gun

21 show vendor with the number.

22 (d) Approvals issued by the Department of State Police for

23 the purchase of a firearm are valid for 30 days from the date

24 of issue.

25 (e) (1) The Department of State Police must act as the

26 Illinois Point of Contact for the National Instant Criminal

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1 Background Check System.

2 (2) The Department of State Police and the Department of

3 Human Services shall, in accordance with State and federal law

4 regarding confidentiality, enter into a memorandum of

5 understanding with the Federal Bureau of Investigation for the

6 purpose of implementing the National Instant Criminal

7 Background Check System in the State. The Department of State

8 Police shall report the name, date of birth, and physical

9 description of any person prohibited from possessing a firearm

10 pursuant to the Firearm Owners Identification Card Act or 18

11 U.S.C. 922(g) and (n) to the National Instant Criminal

12 Background Check System Index, Denied Persons Files.

13 (3) The Department of State Police shall provide notice of

14 the disqualification of a person under subsection (b) of this

15 Section or the revocation of a person's Firearm Owner's

16 Identification Card under Section 8 of this Act, and the reason

17 for the disqualification or revocation, to all law enforcement

18 agencies with jurisdiction to assist with the seizure of the

19 person's Firearm Owner's Identification Card.

20 (f) The Department of State Police shall adopt rules not

21 inconsistent with this Section to implement this system.

22 (Source: P.A. 97-1150, eff. 1-25-13; 98-63, eff. 7-9-13.)