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Judiciary II - Criminal Law Committee
Adopted in House Comm. on Jul 16, 2004
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LRB093 18296 RLC 52747 a |
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| AMENDMENT TO SENATE BILL 2188
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| AMENDMENT NO. ______. Amend Senate Bill 2188 by replacing |
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| everything after the enacting clause with the following:
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| "Section 5. The Firearm Owners Identification Card Act is |
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| amended by changing Section 3.1 as follows:
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| (430 ILCS 65/3.1) (from Ch. 38, par. 83-3.1)
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| Sec. 3.1. Dial up system. |
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| (a) The Department of State Police shall provide
a dial up |
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| telephone system which shall be used by any federally licensed
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| firearm dealer who is to transfer a firearm under the |
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| provisions of this
Act. The Department of State Police shall |
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| utilize existing technology which
allows the caller to be |
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| charged a fee equivalent to the cost of providing
this service |
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| but not to exceed $2. Fees collected by the Department of
State |
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| Police shall be deposited in the State Police Services Fund and |
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| used
to provide the service.
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| (b) Upon receiving a request from a federally licensed |
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| firearm dealer, the
Department of State Police shall |
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| immediately approve, or within the time
period established by |
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| Section 24-3 of the Criminal Code of 1961 regarding
the |
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| delivery of firearms, notify the inquiring dealer of any |
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| objection that
would disqualify the transferee from acquiring |
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| or possessing a firearm. In
conducting the inquiry, the |
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| Department of State Police shall initiate and
complete an |
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09300SB2188ham001 |
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LRB093 18296 RLC 52747 a |
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| automated search of its criminal history record information
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| files and those of the Federal Bureau of Investigation, |
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| including the
National Instant Criminal Background Check |
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| System, and of the files of
the Department of Human Services |
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| relating to mental health and
developmental disabilities to |
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| obtain
any felony conviction or patient hospitalization |
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| information which would
disqualify a person from obtaining or |
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| require revocation of a currently
valid Firearm Owner's |
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| Identification Card. |
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| (c) If receipt of a firearm would not violate Section 24-3 |
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| of the Criminal Code of 1961, federal law, or this Act the |
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| Department of State Police shall: |
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| (1) assign a unique identification number to the |
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| transfer; |
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| (2) provide the licensee with the number; and |
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| (3) destroy all records of the system with respect to |
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| the call, other than the identifying number and the date |
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| the number was assigned, and all records of the system |
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| relating to the transfer within 24 hours. |
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| (d) The Department may not retain, copy, or distribute any |
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| information previously collected under this Section. Any |
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| records generated under this Section shall comply with |
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| subsection (c). |
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| (e) If the transfer of a firearm is denied by the |
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| Department of State Police, the Department may keep the records |
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| of a denial until the denial is appealed and overturned, or as |
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| long as necessary for a criminal prosecution. |
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| (f) Approvals issued by the Department of State Police for |
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| the purchase of a firearm are valid for 30 days from the date |
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| of issue.
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| (g) The Department of State Police must act as the Illinois |
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| Point of Contact
for the National Instant Criminal Background |
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| Check System.
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| (h) The Department of State Police shall promulgate rules |