Illinois General Assembly - Full Text of HB0794
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Full Text of HB0794  94th General Assembly

HB0794eng 94TH GENERAL ASSEMBLY



 


 
HB0794 Engrossed LRB094 09085 RLC 39313 b

1     AN ACT concerning 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 by 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.
9     (a) The Department of State Police shall provide a dial up
10 telephone system which shall be used by any federally licensed
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.
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
23 would disqualify the transferee from acquiring or possessing a
24 firearm. In conducting the inquiry, the Department of State
25 Police shall initiate and complete an automated search of its
26 criminal history record information files and those of the
27 Federal Bureau of Investigation, including the National
28 Instant Criminal Background Check System, and of the files of
29 the Department of Human Services relating to mental health and
30 developmental disabilities to obtain any felony conviction or
31 patient hospitalization information which would disqualify a
32 person from obtaining or require revocation of a currently

 

 

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1 valid Firearm Owner's Identification Card.
2     The Department of State Police must act as the Illinois
3 Point of Contact for the National Instant Criminal Background
4 Check System.
5     The Department of State Police shall promulgate rules to
6 implement this system.
7     (b) Upon receiving a request from a law enforcement agency
8 regarding records maintained within its Firearm Transfer
9 Inquiry Program, the Department of State Police shall require
10 in writing, at a minimum, the following information: (i) the
11 requesting agency name; (ii) the agency case or control number;
12 (iii) the reason for the request; (iv) the requestor's name and
13 identification number; (v) the contact information for the
14 requestor; (vi) the requestor's signature and the date of the
15 request; (vii) the name and identification number of the
16 supervisor approving the request; (viii) whether the request is
17 for information pertaining to a current Firearm Owner's
18 Identification Card or to all Firearm Owner's Identification
19 Cards that have been issued to an individual; (ix) a return fax
20 number; and (x) the Firearm Owner's Identification Card
21 information relating to the individual for whom an inquiry has
22 been made.
23 (Source: P.A. 91-399, eff. 7-30-99.)
 
24     (430 ILCS 65/3.5 new)
25     Sec. 3.5. Private transfers of firearms by persons
26 attending gun shows.
27     (a) To ensure that, prior to any sale or transfer of a
28 firearm at a gun show in the State of Illinois, a background
29 check is conducted on the transferor and the transferee of the
30 firearm, the Department of State Police shall establish a
31 system which shall be available for requests from individuals
32 selling or transferring firearms at a gun show, other than a
33 federally licensed firearms dealer, to conduct background
34 checks under this system.
35     The Department of State Police shall utilize technology

 

 

HB0794 Engrossed - 3 - LRB094 09085 RLC 39313 b

1 which allows the person to be charged a fee equivalent to the
2 cost of providing the service. The fee may not exceed $2,
3 however. Fees collected by the Department of State Police shall
4 be deposited in the State Police Services Fund and used to
5 provide the service.
6     The Department of State Police shall establish a service of
7 conducting background checks for individuals selling or
8 transferring firearms at a gun show, other than a federally
9 licensed firearm dealer. Gun show promoters and other
10 interested parties shall access the background check system
11 through a process established by the Department of State
12 Police.
13     Upon receiving a request from an individual selling or
14 transferring firearms at a gun show, other than a federally
15 licensed firearm dealer, the Department of State Police shall
16 provide, during the initial transferor inquiry, an approval,
17 denial, or conditional denial of the transfer. The time period
18 for the Department to respond shall begin at the time the
19 inquiry is received. When the Department provides a conditional
20 denial, the transferor shall not transfer the firearm until an
21 approval is provided by the Department. However, if any
22 approval or denial is not provided in accordance with Section
23 24-3 of the Criminal Code of 1961, the transfer may proceed.
24 Failure of the Department to provide an approval or denial
25 within the prescribed length of times does not relieve the
26 transferor from compliance with any other statutory
27 restrictions on firearm transfers. Regardless of the
28 requirements of this Section, transactions must comply with all
29 State and federal firearm laws.
30     (b) Any person who is not a federally licensed firearm
31 dealer and who desires to transfer or sell a firearm while that
32 person is on the grounds of a gun show must, prior to the sale
33 or transfer of the firearm:
34         (1) Request the Department of State Police to conduct a
35     background check on the transferor and the prospective
36     transferee of a firearm and shall provide the following

 

 

HB0794 Engrossed - 4 - LRB094 09085 RLC 39313 b

1     information to the Department:
2             (A) A valid Firearm Owner's Identification Card
3         number of the transferor and transferee.
4             (B) The telephone number of the transferor and
5         transferee.
6             (C) The type of firearm (long gun or short gun).
7         (2) Receive an approval from the Department of State
8     Police that, after a background check was conducted,
9     nothing in the records accessed by the Department shall
10     prohibit, based on State or federal law, the purchaser from
11     purchasing or possessing a firearm.
12     (c) From the background check under this Section, the
13 Department of State Police shall:
14         (1) Determine from records and other information
15     available to it whether the recipient is disqualified under
16     State or federal laws from completing the transfer or is
17     otherwise prohibited by State or federal law from
18     purchasing or possessing a firearm; and
19         (2) Notify the transferor when a recipient is
20     disqualified from completing the transfer or provide the
21     transferor with a unique approval number indicating that
22     the recipient is qualified to complete the transfer. The
23     unique approval number is a permit valid for 30 days for
24     the requested transfer. If the firearm is not transferred
25     from the transfer to the recipient within 30 days after
26     receipt of the unique approval number, a new request must
27     be made by the transferor.
28     (d) The Department of State Police shall provide, during
29 the initial transferor inquiry, an approval, denial, or
30 conditional denial of the transfer. The time period for the
31 Department to respond shall begin at the time the inquiry is
32 received. When the Department provides a conditional denial,
33 the transferor shall not transfer the firearm until an approval
34 is provided by the Department. However, if any approval or
35 denial is not provided in accordance with Section 24-3 of the
36 Criminal Code of 1961, the transfer may proceed. Failure of the

 

 

HB0794 Engrossed - 5 - LRB094 09085 RLC 39313 b

1 Department to provide an approval or denial within the
2 prescribed length of times does not relieve the transferor from
3 compliance with any other statutory restrictions on firearm
4 transfers. Regardless of the requirements of this Section,
5 transactions must comply with all State and federal firearm
6 laws.
7     (e) A public employee or public agency incurs no criminal
8 or civil liability for performing the background checks
9 required by this Section, provided the employee or agency acts
10 in good faith without malice.
11     (f) A transferor other than a gun dealer may not transfer a
12 firearm at a gun show unless the transferor:
13         (1) Requests a background check under this Section
14     prior to completing the transferor;
15         (2) Receives notification that the recipient is
16     qualified to complete the transfer;
17         (3) Has complied with Section 24-3 of the Criminal Code
18     of 1961; and
19         (4) Has the recipient complete the form described in
20     this Section.
21     (g) The transferor shall retain the completed form referred
22 to in subsection (h) of this Section for at least 10 years and
23 shall make the completed form available to law enforcement
24 agencies for the purpose of criminal investigations. A gun show
25 promoter shall post in a prominent place at the gun show a
26 notice explaining the requirements of this Section. The gun
27 show promoter shall provide the form required by subsection (h)
28 of this Section to any person transferring a firearm at the gun
29 show.
30     (h) The Department of State Police shall develop a form to
31 be completed by a person seeking to obtain a firearm at a gun
32 show from a transferor other than a gun show dealer. The
33 Department shall consider including in the form all of the
34 requirements for disclosure of information that are required by
35 federal law for over-the-counter firearms transactions.
36     (i) Failure to comply with the requirement of this Section

 

 

HB0794 Engrossed - 6 - LRB094 09085 RLC 39313 b

1 is a Class A misdemeanor. Failure to comply with the
2 requirements of this Section is a Class 2 felony if the person
3 has 2 or more previous convictions under this Section.
4     (j) In this Section:
5     "Gun show" means an event or function at which the sale and
6 transfer of firearms is the regular and normal course of
7 business where:
8         (1) 50 or more firearms are displayed, offered, or
9     exhibited for sale, transfer, or exchange; or
10         (2) not less than 5 gun show vendors display, offer, or
11     exhibit for sale, sell, transfer, or exchange firearms.
12     "Gun show" includes the entire premises provided for an
13 event or function, including parking areas for the event or
14 function, that is sponsored to facilitate the purchase, sale,
15 transfer, or exchange of firearms as described in this Section.
16     "Gun show" does not include training or safety classes,
17 competitive shooting events, such as rifle, shotgun, or handgun
18 matches, trap, skeet, or sporting clays shoots, dinners,
19 banquets, raffles, or any other event where the sale or
20 transfer of firearms is not the primary course of business.
21     "Gun show promoter" means a person who organizes or
22 operates a gun show.
23     "Gun show vendor" means any person who exhibits, sells,
24 offers for sale, transfers, or exchanges any firearms at a gun
25 show, regardless of whether the person arranges with a gun show
26 promoter for a fixed location from which to exhibit, sell,
27 offer for sale, transfer, or exchange any firearm.
28     (k) The Department of State Police shall adopt rules to
29 carry out the provisions of this Section.