SJ0030 101ST GENERAL ASSEMBLY

SJ0030 LRB101 11404 MST 56973 r

SENATE JOINT RESOLUTION

WHEREAS, The United States Congress passed the Brady Handgun Violence Prevention Act in 1993 that created the National Instant Criminal Background Check System (NICS) among other things; and

WHEREAS, The National Instant Criminal Background Check System is the national system that enables federal firearms licensees to initiate a background check through the Federal Bureau of Investigation or a state point of contact to check all available records to identify persons who may be prohibited from receiving or possessing firearms; and

WHEREAS, Background checks are meant to ensure that people who are legally prohibited from owning, acquiring, or possessing firearms, such as criminals, mentally unstable individuals, or other persons enumerated in Section 8 of the Firearm Owners Identification Card Act are unable to do so; and

WHEREAS, Firearm Owners Identification Card background check information and the National Instant Criminal Background Check System are only as good as the information submitted by the courts and law enforcement; and

WHEREAS, The Firearm Owners Identification Card Act requires the courts and the Department of State Police to fully comply with the requirements for reporting data submitted to the National Instant Criminal Background Check System; and

WHEREAS, It is the duty of the Department of State Police to revoke and seize a Firearm Owners Identification Card from a person prohibited from possessing firearms or ammunition, as well as to ensure that such persons no longer possess any firearms or ammunition; and

WHEREAS, Serious gaps in adequately and timely reporting information have led to individuals possessing firearms and ammunition who were otherwise prohibited from doing so, resulting in significant harm to the public safety and welfare; and

WHEREAS, The Federal Bureau of Investigation estimates that, on average, about 3,000 people pass a NICS background check annually despite being prohibited under federal or state law from purchasing a firearm; and

WHEREAS, It is essential that the State improve the reporting of information to NICS to maximize the effectiveness of background check laws and otherwise ensure that felons and mentally unstable individuals do not have access to firearms; therefore, be it

RESOLVED, BY THE SENATE OF THE ONE HUNDRED FIRST GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE HOUSE OF REPRESENTATIVES CONCURRING HEREIN, that there is created the National Instant Criminal Background Check System Compliance Task Force, which is charged with the following duties: (1) identify gaps in reporting structures and procedures, (2) develop strategies and recommendations for addressing those gaps, (3) conduct audits of records currently held by the Department of State Police, clerks of the circuit court, mental health agencies, and other relevant agencies or governmental bodies, (4) identify and recommend technological advancements to enhance the exchange of information and provide more accountability, and (5) identify potential grants and other methods of funding to ensure better coordination with the State of Illinois and the National Instant Criminal Background Check System; and be it further

RESOLVED, That the Task Force shall consist of the following members, who shall serve without compensation:

(1) Two members appointed by the President of the Senate, one of whom shall serve as Chair;

(2) Two members appointed by the Speaker of the House of Representatives;

(3) Two members appointed by the Minority Leader of the Senate, one of whom is to be the Minority Spokesman;

(4) Two members appointed by the Minority Leader of the House of Representatives;

(5) The Attorney General or his or her designee;

(6) The Director of State Police or his or her designee;

(7) One member representing a statewide association that advocates on behalf of firearm owners, appointed by the President of the Senate;

(8) One member representing a statewide association that advocates on behalf of firearm safety or violence prevention, appointed by the Speaker of the House of Representatives;

(9) One member representing a statewide association that advocates on behalf of court clerks, appointed by the Minority Leader of the Senate; and

(10) One member representing a statewide association that advocates on behalf of sheriffs, appointed by the Minority Leader of the House of Representatives; and be it further

RESOLVED, That the Attorney General's office shall provide staff and administrative support to the Task Force; and be it further

RESOLVED, That the Task Force shall meet at least four times; and be it further

RESOLVED, That the Task Force shall provide a final report to the General Assembly by July 1, 2020, and upon the filing of its report, is dissolved.