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| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB5442 Introduced 2/9/2024, by Rep. Bob Morgan SYNOPSIS AS INTRODUCED:
| | 430 ILCS 65/3.1 | from Ch. 38, par. 83-3.1 |
| Amends the Firearm Owners Identification Card Act concerning the Firearm Transfer Inquiry Program. Provides that the Illinois State Police may charge a fee not to exceed $10 and any processing fee. Provides that the processing fees shall be limited to charges by the State Treasurer for using the electronic online payment system. Provides that $4 from each fee collected under this provision shall be deposited into the State Police Revocation Enforcement Fund. Currently, the Illinois State Police may utilize existing technology which allows the caller to be charged a fee not to exceed $2. |
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| | A BILL FOR |
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| | HB5442 | | LRB103 35703 RLC 68030 b |
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| 1 | | AN ACT concerning safety.
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| 2 | | Be it enacted by the People of the State of Illinois, |
| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Firearm Owners Identification Card Act is |
| 5 | | amended by changing Section 3.1 as follows:
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| 6 | | (430 ILCS 65/3.1) (from Ch. 38, par. 83-3.1) |
| 7 | | Sec. 3.1. Firearm Transfer Inquiry Program. |
| 8 | | (a) The Illinois State Police shall provide a dial up |
| 9 | | telephone system or utilize other existing technology which |
| 10 | | shall be used by any federally licensed firearm dealer, gun |
| 11 | | show promoter, or gun show vendor who is to transfer a firearm, |
| 12 | | stun gun, or taser under the provisions of this Act. The |
| 13 | | Illinois State Police may charge utilize existing technology |
| 14 | | which allows the caller to be charged a fee not to exceed $10 |
| 15 | | and any applicable processing fees. The processing fees shall |
| 16 | | be limited to charges by the State Treasurer for using the |
| 17 | | electronic online payment system $2. Fees collected by the |
| 18 | | Illinois State Police shall be deposited in the State Police |
| 19 | | Firearm Services Fund and used to provide the service; $4 from |
| 20 | | each fee collected under this subsection (a) shall be |
| 21 | | deposited into the State Police Revocation Enforcement Fund. |
| 22 | | (b) Upon receiving a request from a federally licensed |
| 23 | | firearm dealer, gun show promoter, or gun show vendor, the |
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| 1 | | Illinois State Police shall immediately approve or, within the |
| 2 | | time period established by Section 24-3 of the Criminal Code |
| 3 | | of 2012 regarding the delivery of firearms, stun guns, and |
| 4 | | tasers, notify the inquiring dealer, gun show promoter, or gun |
| 5 | | show vendor of any objection that would disqualify the |
| 6 | | transferee from acquiring or possessing a firearm, stun gun, |
| 7 | | or taser. In conducting the inquiry, the Illinois State Police |
| 8 | | shall initiate and complete an automated search of its |
| 9 | | criminal history record information files and those of the |
| 10 | | Federal Bureau of Investigation, including the National |
| 11 | | Instant Criminal Background Check System, and of the files of |
| 12 | | the Department of Human Services relating to mental health and |
| 13 | | developmental disabilities to obtain any felony conviction or |
| 14 | | patient hospitalization information which would disqualify a |
| 15 | | person from obtaining or require revocation of a currently |
| 16 | | valid Firearm Owner's Identification Card. |
| 17 | | (b-5) By January 1, 2023, the Illinois State Police shall |
| 18 | | by rule provide a process for the automatic renewal of the |
| 19 | | Firearm Owner's Identification Card of a person at the time of |
| 20 | | an inquiry in subsection (b). Persons eligible for this |
| 21 | | process must have a set of fingerprints on file with their |
| 22 | | applications under either subsection (a-25) of Section 4 or |
| 23 | | the Firearm Concealed Carry Act. |
| 24 | | (c) If receipt of a firearm would not violate Section 24-3 |
| 25 | | of the Criminal Code of 2012, federal law, or this Act, the |
| 26 | | Illinois State Police shall: |
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| 1 | | (1) assign a unique identification number to the |
| 2 | | transfer; and |
| 3 | | (2) provide the licensee, gun show promoter, or gun |
| 4 | | show vendor with the number. |
| 5 | | (d) Approvals issued by the Illinois State Police for the |
| 6 | | purchase of a firearm are valid for 30 days from the date of |
| 7 | | issue. |
| 8 | | (e) (1) The Illinois State Police must act as the Illinois |
| 9 | | Point of Contact for the National Instant Criminal Background |
| 10 | | Check System. |
| 11 | | (2) The Illinois State Police and the Department of Human |
| 12 | | Services shall, in accordance with State and federal law |
| 13 | | regarding confidentiality, enter into a memorandum of |
| 14 | | understanding with the Federal Bureau of Investigation for the |
| 15 | | purpose of implementing the National Instant Criminal |
| 16 | | Background Check System in the State. The Illinois State |
| 17 | | Police shall report the name, date of birth, and physical |
| 18 | | description of any person prohibited from possessing a firearm |
| 19 | | pursuant to the Firearm Owners Identification Card Act or 18 |
| 20 | | U.S.C. 922(g) and (n) to the National Instant Criminal |
| 21 | | Background Check System Index, Denied Persons Files. |
| 22 | | (3) The Illinois State Police shall provide notice of the |
| 23 | | disqualification of a person under subsection (b) of this |
| 24 | | Section or the revocation of a person's Firearm Owner's |
| 25 | | Identification Card under Section 8 or Section 8.2 of this |
| 26 | | Act, and the reason for the disqualification or revocation, to |