Illinois General Assembly - Full Text of HB1443
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Full Text of HB1443  99th General Assembly




State of Illinois
2015 and 2016


Introduced , by Rep. Ann Williams


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

    Amends the Firearm Owners Identification Card Act. Provides that a federally licensed firearm dealer may charge a fee, not to exceed $10, for the inquiry as to whether the purchaser of a firearm, stun gun, or taser is disqualified under federal or State law from acquiring or possessing the firearm, stun gun, or taser.

LRB099 06016 RLC 26070 b






HB1443LRB099 06016 RLC 26070 b

1    AN ACT concerning safety.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Firearm Owners Identification Card Act is
5amended 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
9telephone system or utilize other existing technology which
10shall be used by any federally licensed firearm dealer, gun
11show promoter, or gun show vendor who is to transfer a firearm,
12stun gun, or taser under the provisions of this Act. The
13Department of State Police may utilize existing technology
14which allows the caller to be charged a fee not to exceed $2.
15Fees collected by the Department of State Police shall be
16deposited in the State Police Services Fund and used to provide
17the service. A federally licensed firearm dealer may charge a
18fee, not to exceed $10, for the inquiry required under
19subsection (b) of this Section.
20    (b) Upon receiving a request from a federally licensed
21firearm dealer, gun show promoter, or gun show vendor, the
22Department of State Police shall immediately approve, or within
23the time period established by Section 24-3 of the Criminal



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1Code of 2012 regarding the delivery of firearms, stun guns, and
2tasers notify the inquiring dealer, gun show promoter, or gun
3show vendor of any objection that would disqualify the
4transferee from acquiring or possessing a firearm, stun gun, or
5taser. In conducting the inquiry, the Department of State
6Police shall initiate and complete an automated search of its
7criminal history record information files and those of the
8Federal Bureau of Investigation, including the National
9Instant Criminal Background Check System, and of the files of
10the Department of Human Services relating to mental health and
11developmental disabilities to obtain any felony conviction or
12patient hospitalization information which would disqualify a
13person from obtaining or require revocation of a currently
14valid Firearm Owner's Identification Card.
15    (c) If receipt of a firearm would not violate Section 24-3
16of the Criminal Code of 2012, federal law, or this Act the
17Department of State Police shall:
18        (1) assign a unique identification number to the
19    transfer; and
20        (2) provide the licensee, gun show promoter, or gun
21    show vendor with the number.
22    (d) Approvals issued by the Department of State Police for
23the purchase of a firearm are valid for 30 days from the date
24of issue.
25    (e) (1) The Department of State Police must act as the
26Illinois Point of Contact for the National Instant Criminal



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1Background Check System.
2    (2) The Department of State Police and the Department of
3Human Services shall, in accordance with State and federal law
4regarding confidentiality, enter into a memorandum of
5understanding with the Federal Bureau of Investigation for the
6purpose of implementing the National Instant Criminal
7Background Check System in the State. The Department of State
8Police shall report the name, date of birth, and physical
9description of any person prohibited from possessing a firearm
10pursuant to the Firearm Owners Identification Card Act or 18
11U.S.C. 922(g) and (n) to the National Instant Criminal
12Background Check System Index, Denied Persons Files.
13    (3) The Department of State Police shall provide notice of
14the disqualification of a person under subsection (b) of this
15Section or the revocation of a person's Firearm Owner's
16Identification Card under Section 8 of this Act, and the reason
17for the disqualification or revocation, to all law enforcement
18agencies with jurisdiction to assist with the seizure of the
19person's Firearm Owner's Identification Card.
20    (f) The Department of State Police shall adopt rules not
21inconsistent with this Section to implement this system.
22(Source: P.A. 97-1150, eff. 1-25-13; 98-63, eff. 7-9-13.)