093_HB1625 LRB093 08571 RLC 08797 b 1 AN ACT in relation to firearms. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 1. Short title. This Act may be cited as the 5 Pistol and Revolver Ballistic Identification Databank Act. 6 Section 5. Definitions. In this Act: 7 "Manufacturer" means a person possessing a valid federal 8 license that permits the person to engage in the business of 9 manufacturing pistols or revolvers or ammunition for pistols 10 or revolvers for the purpose of sale or distribution. 11 "Shell casing" means that part of ammunition capable of 12 being used in a pistol or revolver that contains the primer 13 and propellant powder to discharge a bullet or projectile. 14 Section 10. Duties of manufacturers and dealers. 15 (a) On and after April 1, 2005, any manufacturer that 16 ships, transports, or delivers a pistol or revolver to any 17 person in this State must, in accordance with rules adopted 18 by the Department of State Police, include in the container 19 with the pistol or revolver a separate sealed container that 20 encloses: 21 (1) a shell casing of a bullet or projectile 22 discharged from the pistol or revolver; and 23 (2) any additional information that identifies the 24 pistol or revolver and shell casing as required by the 25 rules adopted by the Department of State Police. 26 (b) A gunsmith or federally licensed firearm dealer 27 must, within 10 days after the receipt of any pistol or 28 revolver from a manufacturer that fails to comply with the 29 provisions of this Section, either: (1) return the pistol or 30 revolver to the manufacturer, or (2) notify the Department of -2- LRB093 08571 RLC 08797 b 1 State Police of the noncompliance and thereafter obtain a 2 substitute sealed container through participation in a 3 program operated by the Department of State Police as 4 provided in Section 15. 5 Section 15. Duties of the Department of State Police. The 6 Department of State Police must, no later than December 1, 7 2004, adopt rules for the operation of a program that 8 provides a gunsmith or a federally licensed firearm dealer 9 with a sealed container enclosing the items specified in 10 Section 10 of this Act. The program must at a minimum: 11 (1) be operational by February 1, 2005; 12 (2) operate in at least 8 regional locations within this 13 State; and 14 (3) specify procedures by which the gunsmith or dealer 15 is to deliver a pistol or revolver to the regional program 16 location closest to his or her place of business for testing 17 and prompt return of the pistol or revolver. 18 Section 20. Forwarding of shell casings to the Department 19 of State Police. On and after April 1, 2005, a gunsmith or 20 federally licensed firearm dealer must, within 10 days after 21 delivering to any person a pistol or revolver received by the 22 gunsmith or dealer on or after April 1, 2005, forward to the 23 Department of State Police, along with a description of the 24 firearm, including its make, model, caliber, and serial 25 number, the sealed container enclosing the shell casing from 26 the pistol or revolver either (1) received from the 27 manufacturer or (2) obtained through participation in the 28 program operated by the Department of State Police in 29 accordance with Section 15 of this Act. 30 Section 25. Ballistic Identification Database. Upon 31 receipt of the sealed container, the Department of State -3- LRB093 08571 RLC 08797 b 1 Police must cause to be entered in an automated electronic 2 databank pertinent data and other ballistic information 3 relevant to identification of the shell casing and to the 4 pistol or revolver from which it was discharged. The 5 automated electronic databank must be operated and maintained 6 by the Department of State Police, in accordance with its 7 rules adopted after consultation with the Federal Bureau of 8 Investigation and the United States Department of the 9 Treasury, Bureau of Alcohol, Tobacco and Firearms to ensure 10 compatibility with national ballistic technology. 11 Section 30. Sentence. A person who knowingly violates 12 this Act is guilty of a Class B misdemeanor. A person who 13 knowingly violates this Act a second or subsequent time is 14 guilty of a Class A misdemeanor.