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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB0935
Introduced 2/2/2005, by Rep. Brandon W. Phelps SYNOPSIS AS INTRODUCED:
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Amends the Firearm Owners Identification Card Act. Provides that if the receipt of a firearm does not violate federal or State law, the Department of State Police shall (1) assign a unique identification number to the transfer; (2) provide the licensee with the number; and (3) destroy all records of the system with respect to the call, other than the identifying number and the date the number was assigned, and all records of the system relating to the person or the transfer within 24 hours. Provides that if the transfer of a firearm is denied by the Department of State Police, the Department of State Police may keep the records of a denial until the denial is appealed and overturned, or as long as necessary for a criminal prosecution. Provides that approvals issued by the Department of State Police for the purchase of a firearm are valid for 30 days from the date of issue. Provides that the Department of State Police may not retain, copy, or distribute any information previously collected under the dial up system. Effective immediately.
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| FISCAL NOTE ACT MAY APPLY | |
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A BILL FOR
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HB0935 |
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LRB094 05003 RLC 35036 b |
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| AN ACT concerning firearms.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Firearm Owners Identification Card Act is |
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| amended by changing Section 3.1 as follows:
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| (430 ILCS 65/3.1) (from Ch. 38, par. 83-3.1)
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| Sec. 3.1. Dial up system. |
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| (a) The Department of State Police shall provide
a dial up |
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| telephone system which shall be used by any federally licensed
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| firearm dealer who is to transfer a firearm under the |
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| provisions of this
Act. The Department of State Police shall |
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| utilize existing technology which
allows the caller to be |
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| charged a fee equivalent to the cost of providing
this service |
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| but not to exceed $2. Fees collected by the Department of
State |
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| Police shall be deposited in the State Police Services Fund and |
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| used
to provide the service.
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| (b) Upon receiving a request from a federally licensed |
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| firearm dealer, the
Department of State Police shall |
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| immediately approve, or within the time
period established by |
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| Section 24-3 of the Criminal Code of 1961 regarding
the |
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| delivery of firearms, notify the inquiring dealer of any |
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| objection that
would disqualify the transferee from acquiring |
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| or possessing a firearm. In
conducting the inquiry, the |
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| Department of State Police shall initiate and
complete an |
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| automated search of its criminal history record information
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| files and those of the Federal Bureau of Investigation, |
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| including the
National Instant Criminal Background Check |
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| System, and of the files of
the Department of Human Services |
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| relating to mental health and
developmental disabilities to |
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| obtain
any felony conviction or patient hospitalization |
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| information which would
disqualify a person from obtaining or |
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| require revocation of a currently
valid Firearm Owner's |