Full Text of SB0546 94th General Assembly
SB0546sam002 94TH GENERAL ASSEMBLY
|
Sen. John J. Cullerton
Filed: 3/29/2005
|
|
09400SB0546sam002 |
|
LRB094 09836 RLC 44119 a |
|
| 1 |
| AMENDMENT TO SENATE BILL 546
| 2 |
| AMENDMENT NO. ______. Amend Senate Bill 546 on page 1, by | 3 |
| replacing lines 4 and 5 with the following:
| 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:
| 7 |
| (430 ILCS 65/3.1) (from Ch. 38, par. 83-3.1)
| 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
| 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.
| 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
| 23 |
| would disqualify the transferee from acquiring or possessing a | 24 |
| firearm. In
conducting the inquiry, the Department of State |
|
|
|
09400SB0546sam002 |
- 2 - |
LRB094 09836 RLC 44119 a |
|
| 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
| 5 |
| the Department of Human Services relating to mental health and
| 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
| 9 |
| valid Firearm Owner's Identification Card.
| 10 |
| The Department of State Police must act as the Illinois | 11 |
| Point of Contact
for the National Instant Criminal Background | 12 |
| Check System.
| 13 |
| The Department of State Police shall promulgate rules to | 14 |
| implement this
system.
| 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.
| 31 |
| (Source: P.A. 91-399, eff. 7-30-99.)"; and
| 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 |
|
|
|
09400SB0546sam002 |
- 3 - |
LRB094 09836 RLC 44119 a |
|
| 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.
| 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.
| 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. ".
|
|