Sen. John J. Cullerton
Filed: 5/11/2005
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1 | AMENDMENT TO SENATE BILL 1333
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2 | AMENDMENT NO. ______. Amend Senate Bill 1333 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Firearm Owners Identification Card Act is | ||||||
5 | amended by changing Section 3.1 and by adding Section 3.5 as | ||||||
6 | follows:
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7 | (430 ILCS 65/3.1) (from Ch. 38, par. 83-3.1)
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8 | Sec. 3.1. Dial up system. | ||||||
9 | (a) The Department of State Police shall provide
a dial up | ||||||
10 | telephone system which shall be used by any federally licensed
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11 | firearm dealer who is to transfer a firearm under the | ||||||
12 | provisions of this
Act. The Department of State Police shall | ||||||
13 | utilize existing technology which
allows the caller to be | ||||||
14 | charged a fee equivalent to the cost of providing
this service | ||||||
15 | but not to exceed $2. Fees collected by the Department of
State | ||||||
16 | Police shall be deposited in the State Police Services Fund and | ||||||
17 | used
to provide the service.
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18 | Upon receiving a request from a federally licensed firearm | ||||||
19 | dealer, the
Department of State Police shall immediately | ||||||
20 | approve, or within the time
period established by Section 24-3 | ||||||
21 | of the Criminal Code of 1961 regarding
the delivery of | ||||||
22 | firearms, notify the inquiring dealer of any objection that
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23 | would disqualify the transferee from acquiring or possessing a | ||||||
24 | firearm. In
conducting the inquiry, the Department of State |
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1 | Police shall initiate and
complete an automated search of its | ||||||
2 | criminal history record information
files and those of the | ||||||
3 | Federal Bureau of Investigation, including the
National | ||||||
4 | Instant Criminal Background Check System, and of the files of
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5 | the Department of Human Services relating to mental health and
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6 | developmental disabilities to obtain
any felony conviction or | ||||||
7 | patient hospitalization information which would
disqualify a | ||||||
8 | person from obtaining or require revocation of a currently
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9 | valid Firearm Owner's Identification Card.
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10 | The Department of State Police must act as the Illinois | ||||||
11 | Point of Contact
for the National Instant Criminal Background | ||||||
12 | Check System.
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13 | The Department of State Police shall promulgate rules to | ||||||
14 | implement this
system.
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15 | (b) Upon receiving a request from a law enforcement agency | ||||||
16 | regarding records maintained within its Firearm Transfer | ||||||
17 | Inquiry Program, the Department of State Police shall require | ||||||
18 | in writing, at a minimum, the following information: (i) the | ||||||
19 | requesting agency name; (ii) the agency case or control number; | ||||||
20 | (iii) the reason for the request; (iv) the requestor's name and | ||||||
21 | identification number; (v) the contact information for the | ||||||
22 | requestor; (vi) the requestor's signature and the date of the | ||||||
23 | request; (vii) the name and identification number of the | ||||||
24 | supervisor approving the request; (viii) whether the request is | ||||||
25 | for information pertaining to a current Firearm Owner's | ||||||
26 | Identification Card or to all Firearm Owner's Identification | ||||||
27 | Cards that have been issued to an individual; (ix) a return fax | ||||||
28 | number; and (x) the Firearm Owner's Identification Card | ||||||
29 | information relating to the individual for whom an inquiry has | ||||||
30 | been made.
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31 | (Source: P.A. 91-399, eff. 7-30-99.)
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32 | (430 ILCS 65/3.5 new)
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33 | Sec. 3.5. Private transfers of firearms by persons |
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1 | attending gun shows.
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2 | (a) To ensure that, prior to any sale or transfer of a | ||||||
3 | firearm at a gun show
in the State of
Illinois, a background | ||||||
4 | check is conducted on the transferor and the transferee
of the | ||||||
5 | firearm, the
Department of State Police shall establish a | ||||||
6 | system which shall be available
for requests from
individuals | ||||||
7 | selling or transferring firearms at a gun show, other than a
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8 | federally licensed firearms
dealer, to conduct background | ||||||
9 | checks under this system.
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10 | The Department of State Police shall utilize technology | ||||||
11 | which allows the
person
to be charged a fee
equivalent to the | ||||||
12 | cost of providing the service. The fee may not exceed $2, | ||||||
13 | however. Fees collected by the
Department of State Police
shall | ||||||
14 | be deposited in the State Police Services Fund and used to | ||||||
15 | provide the
service.
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16 | The Department of State Police shall establish a service of | ||||||
17 | conducting
background checks for
individuals selling or | ||||||
18 | transferring firearms at a gun show, other than a
federally | ||||||
19 | licensed firearm
dealer. Gun show promoters and other | ||||||
20 | interested parties shall access the
background check system
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21 | through a process established by the Department of State | ||||||
22 | Police.
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23 | Upon receiving a request from an individual selling or | ||||||
24 | transferring firearms
at
a gun show, other than
a federally | ||||||
25 | licensed firearm dealer, the Department of State Police shall
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26 | provide, during the initial
transferor inquiry, an approval, | ||||||
27 | denial, or conditional denial of the transfer.
The time period | ||||||
28 | for the
Department to respond shall begin at the time the | ||||||
29 | inquiry is received. When the
Department
provides a conditional | ||||||
30 | denial, the transferor shall not transfer the firearm until
an | ||||||
31 | approval is provided
by the Department. However, if any | ||||||
32 | approval or denial is not provided in
accordance with Section | ||||||
33 | 24-3 of the Criminal Code of 1961, the transfer may proceed. | ||||||
34 | Failure of
the Department to
provide an approval or denial |
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1 | within the prescribed length of times does not
relieve the | ||||||
2 | transferor
from compliance with any other statutory | ||||||
3 | restrictions on firearm transfers.
Regardless of the
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4 | requirements of this Section, transactions must comply with all | ||||||
5 | State and
federal firearm laws.
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6 | (b) Any person who is not a federally licensed firearm | ||||||
7 | dealer and who desires
to transfer or sell a
firearm while that | ||||||
8 | person is on the grounds of a gun show must, prior to the
sale | ||||||
9 | or transfer of the
firearm:
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10 | (1) Request the Department of State Police to conduct a | ||||||
11 | background check
on the
transferor and the prospective | ||||||
12 | transferee of a firearm and shall provide the
following
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13 | information to the Department:
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14 | (A) A valid Firearm Owner's Identification Card | ||||||
15 | number of the
transferor and transferee.
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16 | (B) The telephone number of the transferor and | ||||||
17 | transferee.
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18 | (C) The type of firearm (long gun or short gun).
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19 | (2) Receive an approval from the Department of State | ||||||
20 | Police that, after a
background
check was conducted, | ||||||
21 | nothing in the records accessed by the Department shall
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22 | prohibit, based on State or federal law, the purchaser from | ||||||
23 | purchasing or
possessing a
firearm.
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24 | (c) From the background check under this Section, the | ||||||
25 | Department of State
Police shall:
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26 | (1) Determine from records and other information | ||||||
27 | available to it whether
the
recipient is disqualified under | ||||||
28 | State or federal laws from completing the
transfer or is
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29 | otherwise prohibited by State or federal law from | ||||||
30 | purchasing or possessing a
firearm;
and
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31 | (2) Notify the transferor when a recipient is | ||||||
32 | disqualified from completing
the transfer
or provide the | ||||||
33 | transferor with a unique approval number indicating that | ||||||
34 | the
recipient
is qualified to complete the transfer. The |
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1 | unique approval number is a permit
valid
for 30 days for | ||||||
2 | the requested transfer. If the firearm is not transferred | ||||||
3 | from
the
transfer to the recipient within 30 days after | ||||||
4 | receipt of the unique approval
number, a
new request must | ||||||
5 | be made by the transferor.
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6 | (d) The Department of State Police shall provide, during | ||||||
7 | the initial
transferor inquiry,
an approval, denial, or | ||||||
8 | conditional denial of the transfer. The time period for
the
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9 | Department to respond shall begin at the time the inquiry is | ||||||
10 | received. When the
Department provides a conditional denial, | ||||||
11 | the transferor shall not transfer the
firearm
until an approval | ||||||
12 | is provided by the Department. However, if any approval or
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13 | denial
is not provided in accordance with Section 24-3 of
the
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14 | Criminal Code of 1961, the transfer may proceed. Failure of the | ||||||
15 | Department to
provide an approval or denial within the | ||||||
16 | prescribed length of times does not
relieve
the transferor from | ||||||
17 | compliance with any other statutory restrictions on firearm
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18 | transfers. Regardless of the requirements of this Section, | ||||||
19 | transactions must
comply with
all State and federal firearm | ||||||
20 | laws.
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21 | (e) A public employee or public agency incurs no criminal | ||||||
22 | or civil liability
for performing the
background checks | ||||||
23 | required by this Section, provided the employee or agency
acts | ||||||
24 | in good faith
without malice.
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25 | (f) A transferor other than a gun dealer may not transfer a | ||||||
26 | firearm at a gun
show unless the
transferor:
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27 | (1) Requests a background check under this Section | ||||||
28 | prior to completing the
transferor;
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29 | (2) Receives notification that the recipient is | ||||||
30 | qualified to complete the
transfer;
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31 | (3) Has complied with Section 24-3 of the Criminal Code | ||||||
32 | of 1961; and
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33 | (4) Has the recipient complete the form described in | ||||||
34 | this Section.
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1 | (g) The transferor shall retain the completed form referred | ||||||
2 | to in subsection
(h) of this Section
for at least 10 years and | ||||||
3 | shall make the completed form available to law
enforcement | ||||||
4 | agencies for the
purpose of criminal investigations. A gun show | ||||||
5 | promoter shall post in a
prominent place at the gun
show a | ||||||
6 | notice explaining the requirements of this Section. The gun | ||||||
7 | show
promoter shall provide the
form required by subsection (h) | ||||||
8 | of this Section to any person transferring a
firearm at the gun | ||||||
9 | show.
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10 | (h) The Department of State Police shall develop a form to | ||||||
11 | be completed by a
person seeking
to obtain a firearm at a gun | ||||||
12 | show from a transferor other than a gun show
dealer. The | ||||||
13 | Department
shall consider including in the form all of the | ||||||
14 | requirements for disclosure of
information that are
required by | ||||||
15 | federal law for over-the-counter firearms transactions.
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16 | (i) Failure to comply with the requirement of this Section | ||||||
17 | is a Class A
misdemeanor. Failure
to comply with the | ||||||
18 | requirements of this Section is a Class 2 felony if the
person | ||||||
19 | has 2 or more
previous convictions under this Section.
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20 | (j) In this Section:
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21 | "Gun show" means an event or function at which the sale and | ||||||
22 | transfer of firearms is the regular and normal course of | ||||||
23 | business where:
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24 | (1) 50 or more firearms are displayed, offered, or | ||||||
25 | exhibited for sale, transfer, or exchange; or
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26 | (2) not less than 5 gun show vendors display, offer, or | ||||||
27 | exhibit for sale, sell, transfer, or exchange firearms.
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28 | "Gun show" includes the entire premises provided for an | ||||||
29 | event or function, including parking areas for the event or | ||||||
30 | function, that is sponsored to facilitate the purchase, sale, | ||||||
31 | transfer, or exchange of firearms as described in this Section.
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32 | "Gun show" does not include training or safety classes, | ||||||
33 | competitive shooting events, such as rifle, shotgun, or handgun | ||||||
34 | matches, trap, skeet, or sporting clays shoots, dinners, |
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1 | banquets, raffles, or
any other event where the sale or | ||||||
2 | transfer of firearms is not the primary course of business.
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3 | "Gun show promoter" means a person who organizes or | ||||||
4 | operates a gun show.
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5 | "Gun show vendor" means any person who exhibits, sells, | ||||||
6 | offers for sale,
transfers, or
exchanges any firearms at a gun | ||||||
7 | show, regardless of whether the person
arranges with a gun show
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8 | promoter for a fixed location from which to exhibit, sell, | ||||||
9 | offer for sale,
transfer, or exchange any
firearm.
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10 | (k) The Department of State Police shall adopt rules to | ||||||
11 | carry out the
provisions of this
Section. ".
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