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


Human Services Committee

Filed: 3/16/2005





09400HB0794ham001 LRB094 09085 RLC 43674 a


2     AMENDMENT NO. ______. Amend House Bill 794 on page 1, by
3 replacing lines 4 and 5 with the following:
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



09400HB0794ham001 - 2 - LRB094 09085 RLC 43674 a

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
5 the Department of Human Services relating to mental health and
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
9 valid Firearm Owner's Identification Card.
10     The Department of State Police must act as the Illinois
11 Point of Contact for the National Instant Criminal Background
12 Check System.
13     The Department of State Police shall promulgate rules to
14 implement this system.
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.
31 (Source: P.A. 91-399, eff. 7-30-99.)".