99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB3397

 

Introduced , by Rep. Brandon W. Phelps

 

SYNOPSIS AS INTRODUCED:
 
430 ILCS 65/3.1  from Ch. 38, par. 83-3.1

    Amends the Firearm Owners Identification Card Act. Provides that except for records relating to disqualification of a transferee from acquiring or possessing a firearm, stun gun, or taser. or revocation of a person's Firearm Owner's Identification Card, all records created under the dial up system shall be destroyed 31 days after creation. Effective immediately.


LRB099 10439 RLC 30666 b

 

 

A BILL FOR

 

HB3397LRB099 10439 RLC 30666 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.
18    (b) Upon receiving a request from a federally licensed
19firearm dealer, gun show promoter, or gun show vendor, the
20Department of State Police shall immediately approve, or within
21the time period established by Section 24-3 of the Criminal
22Code of 2012 regarding the delivery of firearms, stun guns, and
23tasers notify the inquiring dealer, gun show promoter, or gun

 

 

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

 

 

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1Human Services shall, in accordance with State and federal law
2regarding confidentiality, enter into a memorandum of
3understanding with the Federal Bureau of Investigation for the
4purpose of implementing the National Instant Criminal
5Background Check System in the State. The Department of State
6Police shall report the name, date of birth, and physical
7description of any person prohibited from possessing a firearm
8pursuant to the Firearm Owners Identification Card Act or 18
9U.S.C. 922(g) and (n) to the National Instant Criminal
10Background Check System Index, Denied Persons Files.
11    (3) The Department of State Police shall provide notice of
12the disqualification of a person under subsection (b) of this
13Section or the revocation of a person's Firearm Owner's
14Identification Card under Section 8 of this Act, and the reason
15for the disqualification or revocation, to all law enforcement
16agencies with jurisdiction to assist with the seizure of the
17person's Firearm Owner's Identification Card.
18    (f) The Department of State Police shall adopt rules not
19inconsistent with this Section to implement this system.
20    (g) Except for records relating to disqualification under
21subsection (b) of this Section or revocation of a person's
22Firearm Owner's Identification Card under Section 8 of this
23Act, all records created under this Section shall be destroyed
2431 days after creation.
25(Source: P.A. 97-1150, eff. 1-25-13; 98-63, eff. 7-9-13.)
 
26    Section 99. Effective date. This Act takes effect upon

 

 

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1becoming law.