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Rep. Harry Osterman
Filed: 4/29/2010
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09600HB5480ham001 |
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LRB096 18968 RLC 40881 a |
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| AMENDMENT TO HOUSE BILL 5480
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| AMENDMENT NO. ______. Amend House Bill 5480 on page 1, line |
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| 5, by replacing "Section 3" with "Sections 3 and 3.1"; and
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| on page 3, by inserting after line 25 the following:
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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 or utilize other existing technology which |
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| shall be used by any federally licensed
firearm dealer, gun |
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| show promoter, or gun show vendor who is to transfer a firearm, |
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| stun gun, or taser under the provisions of this
Act. The |
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| Department of State Police may utilize existing technology |
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| which
allows the caller to be charged a fee not to exceed $2. |
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| Fees collected by the Department of
State Police shall be |
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| deposited in the State Police Services Fund and used
to provide |
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| the service.
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09600HB5480ham001 |
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LRB096 18968 RLC 40881 a |
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| (b) Upon receiving a request from a federally licensed |
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| firearm dealer, gun show promoter, or gun show vendor, the
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| Department of State Police shall immediately approve, or within |
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| the time
period established by Section 24-3 of the Criminal |
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| Code of 1961 regarding
the delivery of firearms, stun guns, and |
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| tasers notify the inquiring dealer, gun show promoter, or gun |
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| show vendor of any objection that
would disqualify the |
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| transferee from acquiring or possessing a firearm, stun gun, or |
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| taser. In
conducting the inquiry, the Department of State |
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| Police shall initiate and
complete an automated search of its |
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| criminal history record information
files and those of the |
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| Federal Bureau of Investigation, including the
National |
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| Instant Criminal Background Check System, and of the files of
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| the Department of Human Services relating to mental health and
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| developmental disabilities to obtain
any felony conviction or |
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| patient hospitalization information which would
disqualify a |
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| person from obtaining or require revocation of a currently
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| valid Firearm Owner's 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; and |
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| (2) provide the licensee, gun show promoter, or gun |
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| show vendor with the number. |
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| (d) Approvals issued by the Department of State Police for |
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09600HB5480ham001 |
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LRB096 18968 RLC 40881 a |
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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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| (e) (1) The Department of State Police must act as the |
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| Illinois Point of Contact
for the National Instant Criminal |
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| Background Check System. |
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| (2) The Department of State Police and the Department of |
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| Human Services shall, in accordance with State and federal law |
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| regarding confidentiality, enter into a memorandum of |
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| understanding with the Federal Bureau of Investigation for the |
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| purpose of implementing the National Instant Criminal |
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| Background Check System in the State. The Department of State |
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| Police shall report the name, date of birth, and physical |
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| description of any person prohibited from possessing a firearm |
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| pursuant to the Firearm Owners Identification Card Act or 18 |
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| U.S.C. 922(g) and (n) to the National Instant Criminal |
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| Background Check System Index, Denied Persons Files.
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| (f) The Department of State Police shall promulgate rules |
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| not inconsistent with this Section to implement this
system.
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| (g) The Department of State Police shall develop an |
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| Internet based system for individuals to request the Department |
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| of State Police to conduct an instant criminal background check |
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| prior to the sale or transfer of a handgun. The Department of |
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| State Police shall have the system completed and available for |
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| use by July 1, 2012. The Department shall promulgate rules not |
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| inconsistent with this Section to implement this system. |
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| (Source: P.A. 94-6, eff. 1-1-06; 94-353, eff. 7-29-05; 95-331, |