Rep. Harry Osterman
Filed: 4/29/2010
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| 1 | AMENDMENT TO HOUSE BILL 5480
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| 2 | AMENDMENT NO. ______. Amend House Bill 5480 on page 1, line | ||||||
| 3 | 5, by replacing "Section 3" with "Sections 3 and 3.1"; and
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| 4 | on page 3, by inserting after line 25 the following:
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| 5 | "(430 ILCS 65/3.1) (from Ch. 38, par. 83-3.1)
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| 6 | Sec. 3.1. Dial up system. | ||||||
| 7 | (a) The Department of State Police shall provide
a dial up | ||||||
| 8 | telephone system or utilize other existing technology which | ||||||
| 9 | shall be used by any federally licensed
firearm dealer, gun | ||||||
| 10 | show promoter, or gun show vendor who is to transfer a firearm, | ||||||
| 11 | stun gun, or taser under the provisions of this
Act. The | ||||||
| 12 | Department of State Police may utilize existing technology | ||||||
| 13 | which
allows the caller to be charged a fee not to exceed $2. | ||||||
| 14 | Fees collected by the Department of
State Police shall be | ||||||
| 15 | deposited in the State Police Services Fund and used
to provide | ||||||
| 16 | the service.
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| 1 | (b) Upon receiving a request from a federally licensed | ||||||
| 2 | firearm dealer, gun show promoter, or gun show vendor, the
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| 3 | Department of State Police shall immediately approve, or within | ||||||
| 4 | the time
period established by Section 24-3 of the Criminal | ||||||
| 5 | Code of 1961 regarding
the delivery of firearms, stun guns, and | ||||||
| 6 | tasers notify the inquiring dealer, gun show promoter, or gun | ||||||
| 7 | show vendor of any objection that
would disqualify the | ||||||
| 8 | transferee from acquiring or possessing a firearm, stun gun, or | ||||||
| 9 | taser. In
conducting the inquiry, the Department of State | ||||||
| 10 | Police shall initiate and
complete an automated search of its | ||||||
| 11 | criminal history record information
files and those of the | ||||||
| 12 | Federal Bureau of Investigation, including the
National | ||||||
| 13 | Instant Criminal Background Check System, and of the files of
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| 14 | the Department of Human Services relating to mental health and
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| 15 | developmental disabilities to obtain
any felony conviction or | ||||||
| 16 | patient hospitalization information which would
disqualify a | ||||||
| 17 | person from obtaining or require revocation of a currently
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| 18 | valid Firearm Owner's Identification Card. | ||||||
| 19 | (c) If receipt of a firearm would not violate Section 24-3 | ||||||
| 20 | of the Criminal Code of 1961, federal law, or this Act the | ||||||
| 21 | Department of State Police shall: | ||||||
| 22 | (1) assign a unique identification number to the | ||||||
| 23 | transfer; and | ||||||
| 24 | (2) provide the licensee, gun show promoter, or gun | ||||||
| 25 | show vendor with the number. | ||||||
| 26 | (d) Approvals issued by the Department of State Police for | ||||||
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| 1 | the purchase of a firearm are valid for 30 days from the date | ||||||
| 2 | of issue.
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| 3 | (e) (1) The Department of State Police must act as the | ||||||
| 4 | Illinois Point of Contact
for the National Instant Criminal | ||||||
| 5 | Background Check System. | ||||||
| 6 | (2) The Department of State Police and the Department of | ||||||
| 7 | Human Services shall, in accordance with State and federal law | ||||||
| 8 | regarding confidentiality, enter into a memorandum of | ||||||
| 9 | understanding with the Federal Bureau of Investigation for the | ||||||
| 10 | purpose of implementing the National Instant Criminal | ||||||
| 11 | Background Check System in the State. The Department of State | ||||||
| 12 | Police shall report the name, date of birth, and physical | ||||||
| 13 | description of any person prohibited from possessing a firearm | ||||||
| 14 | pursuant to the Firearm Owners Identification Card Act or 18 | ||||||
| 15 | U.S.C. 922(g) and (n) to the National Instant Criminal | ||||||
| 16 | Background Check System Index, Denied Persons Files.
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| 17 | (f) The Department of State Police shall promulgate rules | ||||||
| 18 | not inconsistent with this Section to implement this
system.
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| 19 | (g) The Department of State Police shall develop an | ||||||
| 20 | Internet based system for individuals to request the Department | ||||||
| 21 | of State Police to conduct an instant criminal background check | ||||||
| 22 | prior to the sale or transfer of a handgun. The Department of | ||||||
| 23 | State Police shall have the system completed and available for | ||||||
| 24 | use by July 1, 2012. The Department shall promulgate rules not | ||||||
| 25 | inconsistent with this Section to implement this system. | ||||||
| 26 | (Source: P.A. 94-6, eff. 1-1-06; 94-353, eff. 7-29-05; 95-331, | ||||||
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| 1 | eff. 8-21-07; 95-564, eff. 6-1-08.)".
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