Sen. Ram Villivalam

Filed: 5/21/2024

 

 


 

 


 
10300SB3737sam001LRB103 35672 RLC 73854 a

1
AMENDMENT TO SENATE BILL 3737

2    AMENDMENT NO. ______. Amend Senate Bill 3737 on page 1,
3line 5, by inserting "3.1," after "3,"; and
 
4on page 1, line 19, by inserting after "Section 3.1" the
5following:
6"and beginning January 1, 2026, the federally licensed firearm
7dealers shall check the Illinois State Police Internet-based
8system upon which the serial numbers of firearms that have
9been reported stolen are available for public access for
10individuals to ensure any firearms are not reported stolen
11prior to the sale or transfer of a firearm under subsection
12(a-25) of this Section. New firearms shipped directly from the
13manufacturer are exempt from this provision"; and
 
14on page 2, line 2, by inserting after "Section 3.1" the
15following:
16"and beginning January 1, 2026, the Illinois State Police

 

 

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1shall check the Illinois State Police Internet-based system
2upon which the serial numbers of firearms that have been
3reported stolen are available for public access for
4individuals to ensure any firearms are not reported stolen
5prior to the sale or transfer of a firearm under subsection
6{a-25} of this Section. New firearms shipped directly from the
7manufacturer are exempt from this provision"; and
 
8on page 5, line 17, by inserting after "system." the
9following:
10"On or before January 1. 2026, the Illinois State Police shall
11make the Internet-based system created under this subsection
12accessible to federally licensed firearms dealers to verify
13that the make, model, and serial numbers of firearms that are
14being bought, sold, or transferred by the dealers have not
15been reported stolen and shall also provide a receipt or
16approval number to a transferor or federally licensed firearms
17dealer as verification that the firearm being transferred did
18not appear on the stolen firearm database."; and
 
19on page 5, by replacing lines 18 through 23 with the following:
20    "(a-30) The Illinois State Police shall establish an
21electronic mechanism by which law enforcement shall report
22individuals who have failed to report the loss or theft of a
23firearm pursuant to Section 24-4.1 of the Criminal Code of
242012."; and
 

 

 

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1on page 8, by inserting immediately below line 15 the
2following:
 
3    "(430 ILCS 65/3.1)  (from Ch. 38, par. 83-3.1)
4    Sec. 3.1. Firearm Transfer Inquiry Program.
5    (a) The Illinois State Police shall provide a dial up
6telephone system or utilize other existing technology which
7shall be used by any federally licensed firearm dealer, gun
8show promoter, or gun show vendor who is to transfer a firearm,
9stun gun, or taser under the provisions of this Act. The
10Illinois State Police may utilize existing technology which
11allows the caller to be charged a fee not to exceed $2. Fees
12collected by the Illinois State Police shall be deposited in
13the State Police Firearm Services Fund and used to provide the
14service. Beginning January 1, 2026, a federally licensed
15firearm dealer, gun show promoter, and gun show vendor shall
16additionally check the Illinois State Police Internet-based
17system upon which the serial numbers of firearms that have
18been reported stolen are available for public access to ensure
19any firearms are not reported stolen prior to the sale or
20transfer of a firearm under subsection (a-25) of Section 3 of
21this Act. New firearms shipped directly from the manufacturer
22are exempt from this provision.
23    (b) Upon receiving a request from a federally licensed
24firearm dealer, gun show promoter, or gun show vendor, the

 

 

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1Illinois State Police shall immediately approve or, within the
2time period established by Section 24-3 of the Criminal Code
3of 2012 regarding the delivery of firearms, stun guns, and
4tasers, notify the inquiring dealer, gun show promoter, or gun
5show vendor of any objection that would disqualify the
6transferee from acquiring or possessing a firearm, stun gun,
7or taser. In conducting the inquiry, the Illinois State Police
8shall initiate and complete an automated search of its
9criminal history record information files and those of the
10Federal Bureau of Investigation, including the National
11Instant Criminal Background Check System, and of the files of
12the Department of Human Services relating to mental health and
13developmental disabilities to obtain any felony conviction or
14patient hospitalization information which would disqualify a
15person from obtaining or require revocation of a currently
16valid Firearm Owner's Identification Card.
17    (b-5) By January 1, 2023, the Illinois State Police shall
18by rule provide a process for the automatic renewal of the
19Firearm Owner's Identification Card of a person at the time of
20an inquiry in subsection (b). Persons eligible for this
21process must have a set of fingerprints on file with their
22applications under either subsection (a-25) of Section 4 or
23the Firearm Concealed Carry Act.
24    (c) If receipt of a firearm would not violate Section 24-3
25of the Criminal Code of 2012, federal law, or this Act, the
26Illinois State Police shall:

 

 

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1        (1) assign a unique identification number to the
2    transfer; and
3        (2) provide the licensee, gun show promoter, or gun
4    show vendor with the number.
5    (d) Approvals issued by the Illinois State Police for the
6purchase of a firearm are valid for 30 days from the date of
7issue.
8    (e) (1) The Illinois State Police must act as the Illinois
9Point of Contact for the National Instant Criminal Background
10Check System.
11    (2) The Illinois State Police and the Department of Human
12Services shall, in accordance with State and federal law
13regarding confidentiality, enter into a memorandum of
14understanding with the Federal Bureau of Investigation for the
15purpose of implementing the National Instant Criminal
16Background Check System in the State. The Illinois State
17Police shall report the name, date of birth, and physical
18description of any person prohibited from possessing a firearm
19pursuant to the Firearm Owners Identification Card Act or 18
20U.S.C. 922(g) and (n) to the National Instant Criminal
21Background Check System Index, Denied Persons Files.
22    (3) The Illinois State Police shall provide notice of the
23disqualification of a person under subsection (b) of this
24Section or the revocation of a person's Firearm Owner's
25Identification Card under Section 8 or Section 8.2 of this
26Act, and the reason for the disqualification or revocation, to

 

 

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1all law enforcement agencies with jurisdiction to assist with
2the seizure of the person's Firearm Owner's Identification
3Card.
4    (f) The Illinois State Police shall adopt rules not
5inconsistent with this Section to implement this system.
6(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
7102-813, eff. 5-13-22.)"; and
 
8on page 8, line 23, by inserting after "theft." the following:
9"A person is deemed to have discovered that a firearm was lost
10or stolen only when the person has received evidence
11indicating that a loss or theft has occurred."; and
 
12on page 21, line 15, by replacing "with a" with "purchased on
13or after January 1, 2026, with a make, model, and"; and
 
14on page 23, line 7, by replacing "with a" with "purchased on or
15after January 1, 2026, with a make, model, and"; and
 
16on page 24, line 22, by inserting "on an expressway in this
17State" after "transports"; and
 
18on page 24, lines 23 and 24, by deleting "on on an expressway
19in this State"; and
 
20on page 25, line 1, by replacing "with a" with "purchased on or

 

 

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1after January 1, 2026, with a make, model, and"; and
 
2on page 27, line 14, by inserting after the period the
3following:
4"For a second or subsequent offense, the failure to report a
5loss or theft of a firearm within 48 hours of the discovery of
6such loss or theft as required under subsection (a) shall
7result in revocation of the person's Firearm Owner's
8Identification Card. Pursuant to subsection (a) of Section 10
9of the Firearm Owners Identification Card Act, a person whose
10card is revoked under this Section may file a record challenge
11with the Director of the Illinois State Police as provided in
12subsection (a-10) of Section 10 of that Act or appeal to the
13Firearm Owner's Identification Card Review Board for relief as
14provided in subsection (c) of Section 10 of that Act."; and
 
15on page 27, by deleting lines 15 through 25; and
 
16on page 27, line 26, by relettering "(f)" as "(e)"; and
 
17on page 28, by inserting immediately below line 4 the
18following:
 
19    "Section 99. Effective date. This Act takes effect on
20January 1, 2026.".