Sen. John J. Cullerton
Filed: 3/29/2005
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1 | AMENDMENT TO SENATE BILL 546
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2 | AMENDMENT NO. ______. Amend Senate Bill 546 on page 1, by | ||||||
3 | replacing lines 4 and 5 with the following:
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4 | "Section 5. The Firearm Owners Identification Card Act is | ||||||
5 | amended by changing Section 3.1 and by adding Section 3.5 as | ||||||
6 | follows:
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7 | (430 ILCS 65/3.1) (from Ch. 38, par. 83-3.1)
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8 | Sec. 3.1. Dial up system. | ||||||
9 | (a) The Department of State Police shall provide
a dial up | ||||||
10 | telephone system which shall be used by any federally licensed
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11 | firearm dealer who is to transfer a firearm under the | ||||||
12 | provisions of this
Act. The Department of State Police shall | ||||||
13 | utilize existing technology which
allows the caller to be | ||||||
14 | charged a fee equivalent to the cost of providing
this service | ||||||
15 | but not to exceed $2. Fees collected by the Department of
State | ||||||
16 | Police shall be deposited in the State Police Services Fund and | ||||||
17 | used
to provide the service.
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18 | Upon receiving a request from a federally licensed firearm | ||||||
19 | dealer, the
Department of State Police shall immediately | ||||||
20 | approve, or within the time
period established by Section 24-3 | ||||||
21 | of the Criminal Code of 1961 regarding
the delivery of | ||||||
22 | firearms, notify the inquiring dealer of any objection that
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23 | would disqualify the transferee from acquiring or possessing a | ||||||
24 | firearm. In
conducting the inquiry, the Department of State |
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1 | Police shall initiate and
complete an automated search of its | ||||||
2 | criminal history record information
files and those of the | ||||||
3 | Federal Bureau of Investigation, including the
National | ||||||
4 | Instant Criminal Background Check System, and of the files of
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5 | the Department of Human Services relating to mental health and
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6 | developmental disabilities to obtain
any felony conviction or | ||||||
7 | patient hospitalization information which would
disqualify a | ||||||
8 | person from obtaining or require revocation of a currently
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9 | valid Firearm Owner's Identification Card.
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10 | The Department of State Police must act as the Illinois | ||||||
11 | Point of Contact
for the National Instant Criminal Background | ||||||
12 | Check System.
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13 | The Department of State Police shall promulgate rules to | ||||||
14 | implement this
system.
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15 | (b) Upon receiving a request from a law enforcement agency | ||||||
16 | regarding records maintained within its Firearm Transfer | ||||||
17 | Inquiry Program, the Department of State Police shall require | ||||||
18 | in writing, at a minimum, the following information: (i) the | ||||||
19 | requesting agency name; (ii) the agency case or control number; | ||||||
20 | (iii) the reason for the request; (iv) the requestor's name and | ||||||
21 | identification number; (v) the contact information for the | ||||||
22 | requestor; (vi) the requestor's signature and the date of the | ||||||
23 | request; (vii) the name and identification number of the | ||||||
24 | supervisor approving the request; (viii) whether the request is | ||||||
25 | for information pertaining to a current Firearm Owner's | ||||||
26 | Identification Card or to all Firearm Owner's Identification | ||||||
27 | Cards that have been issued to an individual; (ix) a return fax | ||||||
28 | number; and (x) the Firearm Owner's Identification Card | ||||||
29 | information relating to the individual for whom an inquiry has | ||||||
30 | been made.
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31 | (Source: P.A. 91-399, eff. 7-30-99.)"; and
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32 | on page 4, by replacing lines 26 through 34 with the following: | ||||||
33 | " "Gun show" means an event or function at which the sale |
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1 | and transfer of firearms is the regular and normal course of | ||||||
2 | business where: | ||||||
3 | (1) 50 or more firearms are displayed, offered, or | ||||||
4 | exhibited for sale, transfer, or exchange; or | ||||||
5 | (2) not less than 5 gun show vendors display, offer, or | ||||||
6 | exhibit for sale, sell, transfer, or exchange firearms.
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7 | "Gun show" includes the entire premises provided for an | ||||||
8 | event or function, including parking areas for the event or | ||||||
9 | function, that is sponsored to facilitate the purchase, sale, | ||||||
10 | transfer, or exchange of firearms as described in this Section.
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11 | "Gun show" does not include training or safety classes, | ||||||
12 | competitive shooting events, such as rifle, shotgun, or handgun | ||||||
13 | matches, trap, skeet, or sporting clays shoots, dinners, | ||||||
14 | banquets, raffles, or
any other event where the sale or | ||||||
15 | transfer of firearms is not the primary course of business. ".
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