093_SB1197

 
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 1        AN ACT in relation to firearms.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 1. Short title.  This Act may  be  cited  as  the
 5    Pistol and Revolver Ballistic Identification Databank Act.

 6        Section 5. Definitions.  In this Act:
 7        "Manufacturer"  means a person possessing a valid federal
 8    license that permits the person to engage in the business  of
 9    manufacturing  pistols or revolvers or ammunition for pistols
10    or revolvers for the purpose of sale or distribution.
11        "Shell casing" means that part of ammunition  capable  of
12    being  used  in a pistol or revolver that contains the primer
13    and propellant powder to discharge a bullet or projectile.

14        Section 10. Duties of manufacturers and dealers.
15        (a)  On and after April 1, 2004,  any  manufacturer  that
16    ships,  transports,  or  delivers a pistol or revolver to any
17    person in this State must, in accordance with  rules  adopted
18    by  the  Department of State Police, include in the container
19    with the pistol or revolver a separate sealed container  that
20    encloses:
21             (1)  a  shell  casing  of  a  bullet  or  projectile
22        discharged from the pistol or revolver; and
23             (2)  any  additional information that identifies the
24        pistol or revolver and shell casing as  required  by  the
25        rules adopted by the Department of State Police.
26        (b)  A  gunsmith  or  federally  licensed  firearm dealer
27    must, within 10 days after  the  receipt  of  any  pistol  or
28    revolver  from  a  manufacturer that fails to comply with the
29    provisions of this Section, either: (1) return the pistol  or
30    revolver to the manufacturer, or (2) notify the Department of
 
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 1    State  Police  of  the  noncompliance and thereafter obtain a
 2    substitute  sealed  container  through  participation  in   a
 3    program  operated  by  the  Department  of  State  Police  as
 4    provided in Section 15.

 5        Section 15. Duties of the Department of State Police. The
 6    Department  of  State  Police must, no later than December 1,
 7    2003, adopt  rules  for  the  operation  of  a  program  that
 8    provides  a  gunsmith  or a federally licensed firearm dealer
 9    with a sealed container  enclosing  the  items  specified  in
10    Section 10 of this Act. The program must at a minimum:
11        (1)  be operational by February 1, 2004;
12        (2)  operate in at least 8 regional locations within this
13    State; and
14        (3)  specify  procedures  by which the gunsmith or dealer
15    is to deliver a pistol or revolver to  the  regional  program
16    location  closest to his or her place of business for testing
17    and prompt return of the pistol or revolver.

18        Section 20. Forwarding of shell casings to the Department
19    of State Police. On and after April 1, 2004,  a  gunsmith  or
20    federally licensed firearm dealer  must, within 10 days after
21    delivering to any person a pistol or revolver received by the
22    gunsmith or dealer  on or after April 1, 2004, forward to the
23    Department  of  State Police, along with a description of the
24    firearm, including  its  make,  model,  caliber,  and  serial
25    number,  the sealed container enclosing the shell casing from
26    the  pistol  or  revolver  either  (1)  received   from   the
27    manufacturer  or  (2)  obtained  through participation in the
28    program  operated  by  the  Department  of  State  Police  in
29    accordance with Section 15 of this Act.

30        Section  25.  Ballistic  Identification  Database.   Upon
31    receipt  of  the  sealed  container,  the Department of State
 
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 1    Police must cause to be entered in  an  automated  electronic
 2    databank  pertinent  data  and  other  ballistic  information
 3    relevant  to  identification  of  the shell casing and to the
 4    pistol  or  revolver  from  which  it  was  discharged.   The
 5    automated electronic databank must be operated and maintained
 6    by  the  Department  of  State Police, in accordance with its
 7    rules adopted after consultation with the Federal  Bureau  of
 8    Investigation  and  the United States Department of Treasury,
 9    Bureau  of  Alcohol,   Tobacco   and   Firearms   to   ensure
10    compatibility with national ballistic technology.

11        Section  30.  Sentence.  A  person who knowingly violates
12    this Act is  guilty of a Class B misdemeanor.  A  person  who
13    knowingly  violates  this  Act a second or subsequent time is
14    guilty of a Class A misdemeanor.

15        Section 99. Effective date.  This Act takes  effect  upon
16    becoming law.