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Rep. Ann Williams
Filed: 3/4/2014
| | 09800HB5490ham001 | | LRB098 17543 RLC 56220 a |
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| 1 | | AMENDMENT TO HOUSE BILL 5490
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| 2 | | AMENDMENT NO. ______. Amend House Bill 5490 by replacing |
| 3 | | everything after the enacting clause with the following:
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| 4 | | "Section 5. The Firearm Owners Identification Card Act is |
| 5 | | amended by changing Section 3.1 as follows:
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| 6 | | (430 ILCS 65/3.1) (from Ch. 38, par. 83-3.1)
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| 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 |
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| 1 | | the service.
A federally licensed firearm dealer may charge a |
| 2 | | fee, not to exceed $10, for the inquiry required under |
| 3 | | subsection (b) of this Section.
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| 4 | | (b) Upon receiving a request from a federally licensed |
| 5 | | firearm dealer, gun show promoter, or gun show vendor, the
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| 6 | | Department of State Police shall immediately approve, or within |
| 7 | | the time
period established by Section 24-3 of the Criminal |
| 8 | | Code of 2012 regarding
the delivery of firearms, stun guns, and |
| 9 | | tasers notify the inquiring dealer, gun show promoter, or gun |
| 10 | | show vendor of any objection that
would disqualify the |
| 11 | | transferee from acquiring or possessing a firearm, stun gun, or |
| 12 | | taser. In
conducting the inquiry, the Department of State |
| 13 | | Police shall initiate and
complete an automated search of its |
| 14 | | criminal history record information
files and those of the |
| 15 | | Federal Bureau of Investigation, including the
National |
| 16 | | Instant Criminal Background Check System, and of the files of
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| 17 | | the Department of Human Services relating to mental health and
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| 18 | | developmental disabilities to obtain
any felony conviction or |
| 19 | | patient hospitalization information which would
disqualify a |
| 20 | | person from obtaining or require revocation of a currently
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| 21 | | valid Firearm Owner's Identification Card. |
| 22 | | (c) If receipt of a firearm would not violate Section 24-3 |
| 23 | | of the Criminal Code of 2012, federal law, or this Act the |
| 24 | | Department of State Police shall: |
| 25 | | (1) assign a unique identification number to the |
| 26 | | transfer; and |
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| 1 | | (2) provide the licensee, gun show promoter, or gun |
| 2 | | show vendor with the number. |
| 3 | | (d) Approvals issued by the Department of State Police for |
| 4 | | the purchase of a firearm are valid for 30 days from the date |
| 5 | | of issue.
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| 6 | | (e) (1) The Department of State Police must act as the |
| 7 | | Illinois Point of Contact
for the National Instant Criminal |
| 8 | | Background Check System. |
| 9 | | (2) The Department of State Police and the Department of |
| 10 | | Human Services shall, in accordance with State and federal law |
| 11 | | regarding confidentiality, enter into a memorandum of |
| 12 | | understanding with the Federal Bureau of Investigation for the |
| 13 | | purpose of implementing the National Instant Criminal |
| 14 | | Background Check System in the State. The Department of State |
| 15 | | Police shall report the name, date of birth, and physical |
| 16 | | description of any person prohibited from possessing a firearm |
| 17 | | pursuant to the Firearm Owners Identification Card Act or 18 |
| 18 | | U.S.C. 922(g) and (n) to the National Instant Criminal |
| 19 | | Background Check System Index, Denied Persons Files.
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| 20 | | (3) The Department of State Police shall provide notice of |
| 21 | | the disqualification of a person under subsection (b) of this |
| 22 | | Section or the revocation of a person's Firearm Owner's |
| 23 | | Identification Card under Section 8 of this Act, and the reason |
| 24 | | for the disqualification or revocation, to all law enforcement |
| 25 | | agencies with jurisdiction to assist with the seizure of the |
| 26 | | person's Firearm Owner's Identification Card. |