94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB2461


 
Introduced 1/18/2006, by Sen. Todd Sieben
 
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 18556 RLC 53888 b

















FISCAL NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











SB2461

LRB094 18556 RLC 53888 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 or utilize other existing technology which 
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shall be used by any federally licensed
firearm dealer, gun 
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show promoter, or gun show vendor who is to transfer a firearm, 
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stun gun, or taser under the provisions of this
Act. The 
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Department of State Police may utilize existing technology 
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which
allows the caller to be charged a fee not to exceed $2.  
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Fees collected by the Department of
State Police shall be 
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deposited in the State Police Services Fund and used
to provide 
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the service.


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

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

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the Department of Human Services relating to mental health and

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developmental disabilities to obtain
any felony conviction or 
 


 






SB2461
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LRB094 18556 RLC 53888 b




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

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

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

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


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

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

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

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



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