94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB4567


 
Introduced 01/11/06, by Rep. David Reis
 
SYNOPSIS AS INTRODUCED:
 		














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








    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 destroy all records of the dial up telephone system with respect to the call to the Department of State Police concerning whether  a transferee of a firearm is eligible to acquire or possess a firearm, 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 60 days. 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 the Department of State Police may not retain, copy, or distribute any information previously collected under the dial up system.  Effective immediately.  
















LRB094 18557 RLC 53889 b

















FISCAL NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











HB4567

LRB094 18557 RLC 53889 b






1
    AN ACT concerning firearms.

 
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.


18
    (b) Upon receiving a request from a federally licensed 
19
firearm dealer, gun show promoter, or gun show vendor, the

20
Department of State Police shall immediately approve, or within 
21
the time
period established by Section 24-3 of the Criminal 
22
Code of 1961 regarding
the delivery of firearms, stun guns, and 
23
tasers notify the inquiring dealer, gun show promoter, or gun 
24
show vendor of any objection that
would disqualify the 
25
transferee from acquiring or possessing a firearm, stun gun, or 
26
taser. In
conducting the inquiry, the Department of State 
27
Police shall initiate and
complete an automated search of its 
28
criminal history record information
files and those of the 
29
Federal Bureau of Investigation, including the
National 
30
Instant Criminal Background Check System, and of the files of

31
the Department of Human Services relating to mental health and

32
developmental disabilities to obtain
any felony conviction or 
 


 






HB4567
- 2 -
LRB094 18557 RLC 53889 b




1
patient hospitalization information which would
disqualify a 
2
person from obtaining or require revocation of a currently

3
valid Firearm Owner's Identification Card.
4
    (c) If receipt of a firearm would not violate Section 24-3 
5
of the Criminal Code of 1961, federal law, or this Act the 
6
Department of State Police shall:
7
        (1) assign a unique identification number to the 
8
    transfer; and
9
        (2) provide the licensee, gun show promoter, or  gun 
10
    show vendor with the number; and
.
11
        (3) destroy all records of the system with respect to 
12
    the call, other than the identifying number and the date 
13
    the number was assigned, and all records of the system 
14
    relating to the person or the transfer within 60 days.

15
    (c-5) If the transfer of a firearm is denied by the 
16
Department of State Police, the Department of State Police may 
17
keep the records of a denial until the denial is appealed and 
18
overturned, or as long as necessary for a criminal prosecution.

19
    (d) Approvals issued by the Department of State Police for 
20
the purchase of a firearm are valid for 30 days from the date 
21
of issue.


22
    (d-5) The Department of State Police may not retain, copy, 
23
or distribute any information previously collected under this 
24
Section.  Any records generated by this Section shall comply 
25
with subsection (c).

26
    (e) The Department of State Police must act as the Illinois 
27
Point of Contact
for the National Instant Criminal Background 
28
Check System.

29
    (f) The Department of State Police shall promulgate rules 
30
not inconsistent with this Section to implement this
system.

31
(Source: P.A. 94-6, eff. 1-1-06; 94-353, eff. 7-29-05; revised 
32
8-19-05.)



 
33
    Section 99. Effective date. This Act takes effect upon 
34
becoming law.