Bill Status of SB0057  94th General Assembly


Short Description:  FIREARM SALES-GUN SHOWS

Senate Sponsors
Sen. John J. Millner - Christine Radogno - Bill Brady

House Sponsors
(Rep. Mike Bost)

Last Action
DateChamber Action
  11/4/2005SenateTotal Veto Stands

Statutes Amended In Order of Appearance
430 ILCS 65/1.1from Ch. 38, par. 83-1.1
430 ILCS 65/3from Ch. 38, par. 83-3
430 ILCS 65/3.1from Ch. 38, par. 83-3.1
430 ILCS 65/3afrom Ch. 38, par. 83-3a
720 ILCS 5/24-3from Ch. 38, par. 24-3


Synopsis As Introduced
Amends the Firearm Owners Identification Card Act. Provides that a person who is not a federally licensed firearm dealer and who desires to purchase a firearm while that person is on the grounds of a gun show must, before obtaining that firearm, request the Department of State Police to conduct a background check to verify the validity of his or her Firearm Owner's Identification Card. Provides that if the receipt of a firearm does not violate federal or State law, the Department of State Police shall (1) assign a unique number to the transfer; (2) provide the licensee with the number; if the background check is being conducted at a gun show, the State Police shall provide that unique number to the person and that person shall use it for any purchases made at the gun show; and (3) destroy all records of the system with respect to the call or request, other than the identifying number and the date the number was assigned, and all records of the system relating to the person or the transfer within 24 hours. Provides that the Department of State Police may not retain, copy, or distribute any such information previously collected. Provides that if the transfer of a firearm is denied by the Department of State Police, the Department may keep the records of a denial until the denial is appealed and overturned, or as long as necessary for a criminal prosecution. Provides that approvals issued by the Department of State Police for the purchase of a firearm from a federal firearms licensee are valid for 30 days from the date of issue. Provides that approvals issued by the Department of State Police for the purchase of a firearm from a non-licensed individual at a gun show shall be good for that calendar day. Amends the Criminal Code of 1961. Provides that the waiting period for obtaining a firearm after its purchase does not apply to the sale of a firearm at a gun show. Effective immediately.

Senate Committee Amendment No. 1
Deletes reference to:
720 ILCS 5/24-3
Adds reference to:
430 ILCS 65/5from Ch. 38, par. 83-5
720 ILCS 5/24-11 new

Deletes everything after the enacting clause. Reinserts the provisions of the bill with the following exceptions: (1) changes the definition of "gun show"; (2) provides that if a transfer of a firearm takes place at a gun show, the record of transfer must include the unique identification number assigned to the transfer by the Department of State Police; (3) provides that records of firearms transfers maintained by the Department of State Police must be destroyed within 90 days rather 24 hours of the transfer; (4) provides that the Department of State Police may (rather than shall) charge a fee for use of the dial up system; (5) eliminates provision that the waiting period for withholding delivery of a firearm after application for its purchase has been made does not apply to the sale of a firearm at a gun show; and (6) provides for home rule preemption of local governmental regulation of the acquisition, possession, transportation, storage, purchase, sale, or other dealings in firearms and ammunition in a manner other than as provided by State law in municipalities of less than 2,000,000 inhabitants. Effective immediately.

House Committee Amendment No. 1
Deletes reference to:
720 ILCS 5/24-11 new

Deletes the home rule preemption provisions from the bill.

Actions 
DateChamber Action
  1/26/2005SenateFiled with Secretary by Sen. Peter J. Roskam
  1/26/2005SenateFirst Reading
  1/26/2005SenateReferred to Rules
  2/3/2005SenateAssigned to Judiciary
  2/16/2005SenatePostponed - Judiciary
  2/24/2005SenatePostponed - Judiciary
  3/2/2005SenatePostponed - Judiciary
  3/9/2005SenatePostponed - Judiciary
  3/11/2005SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Peter J. Roskam
  3/11/2005SenateSenate Committee Amendment No. 1 Referred to Rules
  3/15/2005SenateSenate Committee Amendment No. 1 Rules Refers to Judiciary
  3/15/2005SenateSenate Committee Amendment No. 1 Adopted
  3/16/2005SenateDo Pass as Amended Judiciary; 006-004-000
  3/16/2005SenatePlaced on Calendar Order of 2nd Reading March 17, 2005
  4/6/2005SenateSecond Reading
  4/6/2005SenatePlaced on Calendar Order of 3rd Reading April 7, 2005
  4/8/2005SenateAdded as Chief Co-Sponsor Sen. Christine Radogno
  4/8/2005SenateAdded as Chief Co-Sponsor Sen. Bill Brady
  4/14/2005SenateThird Reading - Passed; 037-021-001
  4/14/2005HouseArrived in House
  4/14/2005HousePlaced on Calendar Order of First Reading
  4/14/2005HouseChief House Sponsor Rep. John J. Millner
  4/14/2005HouseFirst Reading
  4/14/2005HouseReferred to Rules Committee
  4/20/2005HouseAssigned to Agriculture & Conservation Committee
  5/3/2005HouseHouse Committee Amendment No. 1 Filed with Clerk by Agriculture & Conservation Committee
  5/3/2005HouseHouse Committee Amendment No. 1 Adopted in Agriculture & Conservation Committee; by Voice Vote
  5/3/2005HouseDo Pass as Amended / Short Debate Agriculture & Conservation Committee; 011-000-000
  5/4/2005HousePlaced on Calendar 2nd Reading - Short Debate
  5/10/2005HouseSecond Reading - Short Debate
  5/10/2005HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/19/2005HouseRemoved from Short Debate Status Rep. John J. Millner
  5/19/2005HouseThird Reading - Standard Debate - Passed 069-042-002
  5/19/2005SenateSecretary's Desk - Concurrence House Amendment(s) 01
  5/19/2005SenatePlaced on Calendar Order of Concurrence House Amendment(s) 01-May 20, 2005.
  5/19/2005SenateHouse Committee Amendment No. 1 Motion to Concur Filed with Secretary Sen. Peter J. Roskam
  5/19/2005SenateHouse Committee Amendment No. 1 Motion to Concur Referred to Rules
  5/23/2005SenateHouse Committee Amendment No. 1 Motion to Concur Rules Referred to Judiciary
  5/24/2005SenateHouse Committee Amendment No. 1 Motion To Concur Recommended Do Adopt Judiciary; 006-002-001
  5/25/2005SenateHouse Committee Amendment No. 1 Senate Concurs 034-025-000
  5/25/2005SenatePassed Both Houses
  6/23/2005SenateSent to the Governor
  8/1/2005SenateGovernor Vetoed
  9/8/2005HouseAlternate Chief Sponsor Changed to Rep. Mike Bost
  10/19/2005SenatePlaced Calendar Total Veto October 25, 2005
  10/25/2005SenateChief Sponsor Changed to Sen. John J. Millner
  10/26/2005SenateMotion Filed Override Governor Veto Sen. John J. Millner
  11/4/2005SenateTotal Veto Stands