Illinois General Assembly - Full Text of HB5442
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Full Text of HB5442  103rd General Assembly

HB5442 103RD GENERAL ASSEMBLY

 


 
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.


LRB103 35703 RLC 68030 b

 

 

A BILL FOR

 

HB5442LRB103 35703 RLC 68030 b

1    AN ACT concerning safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Firearm Owners Identification Card Act is
5amended by changing Section 3.1 as follows:
 
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
9telephone system or utilize other existing technology which
10shall be used by any federally licensed firearm dealer, gun
11show promoter, or gun show vendor who is to transfer a firearm,
12stun gun, or taser under the provisions of this Act. The
13Illinois State Police may charge utilize existing technology
14which allows the caller to be charged a fee not to exceed $10
15and any applicable processing fees. The processing fees shall
16be limited to charges by the State Treasurer for using the
17electronic online payment system $2. Fees collected by the
18Illinois State Police shall be deposited in the State Police
19Firearm Services Fund and used to provide the service; $4 from
20each fee collected under this subsection (a) shall be
21deposited into the State Police Revocation Enforcement Fund.
22    (b) Upon receiving a request from a federally licensed
23firearm dealer, gun show promoter, or gun show vendor, the

 

 

HB5442- 2 -LRB103 35703 RLC 68030 b

1Illinois State Police shall immediately approve or, within the
2time period established by Section 24-3 of the Criminal Code
3of 2012 regarding the delivery of firearms, stun guns, and
4tasers, notify the inquiring dealer, gun show promoter, or gun
5show vendor of any objection that would disqualify the
6transferee from acquiring or possessing a firearm, stun gun,
7or taser. In conducting the inquiry, the Illinois State Police
8shall initiate and complete an automated search of its
9criminal history record information files and those of the
10Federal Bureau of Investigation, including the National
11Instant Criminal Background Check System, and of the files of
12the Department of Human Services relating to mental health and
13developmental disabilities to obtain any felony conviction or
14patient hospitalization information which would disqualify a
15person from obtaining or require revocation of a currently
16valid Firearm Owner's Identification Card.
17    (b-5) By January 1, 2023, the Illinois State Police shall
18by rule provide a process for the automatic renewal of the
19Firearm Owner's Identification Card of a person at the time of
20an inquiry in subsection (b). Persons eligible for this
21process must have a set of fingerprints on file with their
22applications under either subsection (a-25) of Section 4 or
23the Firearm Concealed Carry Act.
24    (c) If receipt of a firearm would not violate Section 24-3
25of the Criminal Code of 2012, federal law, or this Act, the
26Illinois State Police shall:

 

 

HB5442- 3 -LRB103 35703 RLC 68030 b

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
6purchase of a firearm are valid for 30 days from the date of
7issue.
8    (e) (1) The Illinois State Police must act as the Illinois
9Point of Contact for the National Instant Criminal Background
10Check System.
11    (2) The Illinois State Police and the Department of Human
12Services shall, in accordance with State and federal law
13regarding confidentiality, enter into a memorandum of
14understanding with the Federal Bureau of Investigation for the
15purpose of implementing the National Instant Criminal
16Background Check System in the State. The Illinois State
17Police shall report the name, date of birth, and physical
18description of any person prohibited from possessing a firearm
19pursuant to the Firearm Owners Identification Card Act or 18
20U.S.C. 922(g) and (n) to the National Instant Criminal
21Background Check System Index, Denied Persons Files.
22    (3) The Illinois State Police shall provide notice of the
23disqualification of a person under subsection (b) of this
24Section or the revocation of a person's Firearm Owner's
25Identification Card under Section 8 or Section 8.2 of this
26Act, and the reason for the disqualification or revocation, to

 

 

HB5442- 4 -LRB103 35703 RLC 68030 b

1all law enforcement agencies with jurisdiction to assist with
2the seizure of the person's Firearm Owner's Identification
3Card.
4    (f) The Illinois State Police shall adopt rules not
5inconsistent with this Section to implement this system.
6(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
7102-813, eff. 5-13-22.)