SB0546sam002 94TH GENERAL ASSEMBLY

Sen. John J. Cullerton

Filed: 3/29/2005

09400SB0546sam002 LRB094 09836 RLC 44119 a

AMENDMENT TO SENATE BILL 546

AMENDMENT NO. ______. Amend Senate Bill 546 on page 1, by replacing lines 4 and 5 with the following:

"Section 5. The Firearm Owners Identification Card Act is amended by changing Section 3.1 and by adding Section 3.5 as follows:

(430 ILCS 65/3.1) (from Ch. 38, par. 83-3.1)

Sec. 3.1. Dial up system.

(a) The Department of State Police shall provide a dial up telephone system which shall be used by any federally licensed firearm dealer who is to transfer a firearm under the provisions of this Act. The Department of State Police shall utilize existing technology which allows the caller to be charged a fee equivalent to the cost of providing this service but not to exceed $2. Fees collected by the Department of State Police shall be deposited in the State Police Services Fund and used to provide the service.

Upon receiving a request from a federally licensed firearm dealer, the Department of State Police shall immediately approve, or within the time period established by Section 24-3 of the Criminal Code of 1961 regarding the delivery of firearms, notify the inquiring dealer of any objection that would disqualify the transferee from acquiring or possessing a firearm. In conducting the inquiry, the Department of State Police shall initiate and complete an automated search of its criminal history record information files and those of the Federal Bureau of Investigation, including the National Instant Criminal Background Check System, and of the files of the Department of Human Services relating to mental health and developmental disabilities to obtain any felony conviction or patient hospitalization information which would disqualify a person from obtaining or require revocation of a currently valid Firearm Owner's Identification Card.

The Department of State Police must act as the Illinois Point of Contact for the National Instant Criminal Background Check System.

The Department of State Police shall promulgate rules to implement this system.

(b) Upon receiving a request from a law enforcement agency regarding records maintained within its Firearm Transfer Inquiry Program, the Department of State Police shall require in writing, at a minimum, the following information: (i) the requesting agency name; (ii) the agency case or control number; (iii) the reason for the request; (iv) the requestor's name and identification number; (v) the contact information for the requestor; (vi) the requestor's signature and the date of the request; (vii) the name and identification number of the supervisor approving the request; (viii) whether the request is for information pertaining to a current Firearm Owner's Identification Card or to all Firearm Owner's Identification Cards that have been issued to an individual; (ix) a return fax number; and (x) the Firearm Owner's Identification Card information relating to the individual for whom an inquiry has been made.

(Source: P.A. 91-399, eff. 7-30-99.)"; and

on page 4, by replacing lines 26 through 34 with the following:

""Gun show" means an event or function at which the sale and transfer of firearms is the regular and normal course of business where:

(1) 50 or more firearms are displayed, offered, or exhibited for sale, transfer, or exchange; or

(2) not less than 5 gun show vendors display, offer, or exhibit for sale, sell, transfer, or exchange firearms.

"Gun show" includes the entire premises provided for an event or function, including parking areas for the event or function, that is sponsored to facilitate the purchase, sale, transfer, or exchange of firearms as described in this Section.

"Gun show" does not include training or safety classes, competitive shooting events, such as rifle, shotgun, or handgun matches, trap, skeet, or sporting clays shoots, dinners, banquets, raffles, or any other event where the sale or transfer of firearms is not the primary course of business.".