093_HB3655

 
                                     LRB093 11056 RLC 11759 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  5. The Firearm Owners Identification Card Act is
 5    amended by changing Section 3.1 and  adding  Section  3.5  as
 6    follows:

 7        (430 ILCS 65/3.1) (from Ch. 38, par. 83-3.1)
 8        Sec.  3.1. Dial up system. The Department of State Police
 9    shall provide a dial up telephone system which shall be  used
10    by any federally licensed firearm dealer who is to transfer a
11    firearm  under  the  provisions  of  this  Act,  including  a
12    transfer  of  a  firearm  by  a person who is not a federally
13    licensed firearm dealer. The Department of State Police shall
14    utilize existing technology which allows  the  caller  to  be
15    charged  a  fee  equivalent  to  the  cost  of providing this
16    service  but  not  to  exceed  $2.   Fees  collected  by  the
17    Department of State Police shall be deposited  in  the  State
18    Police Services Fund and used to provide the service.
19        Upon  receiving  a  request  from  a  federally  licensed
20    firearm   dealer,   the  Department  of  State  Police  shall
21    immediately approve, or within the time period established by
22    Section 24-3 of the  Criminal  Code  of  1961  regarding  the
23    delivery  of  firearms,  notify  the  inquiring dealer of any
24    objection that would disqualify the transferee from acquiring
25    or possessing a  firearm.  In  conducting  the  inquiry,  the
26    Department  of  State  Police  shall initiate and complete an
27    automated search of its criminal history  record  information
28    files  and  those  of  the  Federal  Bureau of Investigation,
29    including the  National  Instant  Criminal  Background  Check
30    System,  and of the files of the Department of Human Services
31    relating to mental health and developmental  disabilities  to
 
                            -2-      LRB093 11056 RLC 11759 b
 1    obtain  any  felony  conviction  or  patient  hospitalization
 2    information which would disqualify a person from obtaining or
 3    require  revocation  of  a  currently  valid  Firearm Owner's
 4    Identification Card.
 5        The Department of State Police must act as  the  Illinois
 6    Point of Contact for the National Instant Criminal Background
 7    Check System.
 8        The  Department of State Police shall promulgate rules to
 9    implement this system.
10    (Source: P.A. 91-399, eff. 7-30-99.)

11        (430 ILCS 65/3.5 new)
12        Sec. 3.5. Private transfers of firearms. A person who  is
13    not  a  federally  licensed  firearm  dealer  who  desires to
14    transfer a firearm to any other person may do so only through
15    a federally licensed firearm dealer. The dealer  must  follow
16    the  procedure set forth in Section 3.1 of this Act as if the
17    dealer were the seller of the firearm.

18        Section 99. Effective date. This Act  takes  effect  upon
19    becoming law.