Rep. Dennis M. Reboletti

Filed: 3/12/2009





09600HB3599ham001 LRB096 10329 RLC 23432 a


2     AMENDMENT NO. ______. Amend House Bill 3599 by replacing
3 everything after the enacting clause with the following:
4     "Section 5. The Firearm Owners Identification Card Act is
5 amended by changing Section 3.1 as follows:
6     (430 ILCS 65/3.1)  (from Ch. 38, par. 83-3.1)
7     Sec. 3.1. Dial up system.
8     (a) The Department of State Police shall provide a dial up
9 telephone system or utilize other existing technology which
10 shall be used by any federally licensed firearm dealer, gun
11 show promoter, or gun show vendor who is to transfer a firearm,
12 stun gun, or taser under the provisions of this Act. The
13 Department of State Police may utilize existing technology
14 which allows the caller to be charged a fee not to exceed $2.
15 Fees collected by the Department of State Police shall be
16 deposited in the State Police Services Fund and used to provide



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1 the service.
2     (b) Upon receiving a request from a federally licensed
3 firearm dealer, gun show promoter, or gun show vendor, the
4 Department of State Police shall immediately approve, or within
5 the time period established by Section 24-3 of the Criminal
6 Code of 1961 regarding the delivery of firearms, stun guns, and
7 tasers notify the inquiring dealer, gun show promoter, or gun
8 show vendor of any objection that would disqualify the
9 transferee from acquiring or possessing a firearm, stun gun, or
10 taser. In conducting the inquiry, the Department of State
11 Police shall initiate and complete an automated search of its
12 criminal history record information files and those of the
13 Federal Bureau of Investigation, including the National
14 Instant Criminal Background Check System, and of the files of
15 the Department of Human Services relating to mental health and
16 developmental disabilities to obtain any felony conviction or
17 patient hospitalization information which would disqualify a
18 person from obtaining or require revocation of a currently
19 valid Firearm Owner's Identification Card.
20     (c) If receipt of a firearm would not violate Section 24-3
21 of the Criminal Code of 1961, federal law, or this Act the
22 Department of State Police shall:
23         (1) assign a unique identification number to the
24     transfer; and
25         (2) provide the licensee, gun show promoter, or gun
26     show vendor with the number.



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1     (d) Approvals issued by the Department of State Police for
2 the purchase of a firearm are valid for 30 days from the date
3 of issue.
4     (e) (1) The Department of State Police must act as the
5 Illinois Point of Contact for the National Instant Criminal
6 Background Check System.
7     (2) The Department of State Police and the Department of
8 Human Services shall, in accordance with State and federal law
9 regarding confidentiality, enter into a memorandum of
10 understanding with the Federal Bureau of Investigation for the
11 purpose of implementing the National Instant Criminal
12 Background Check System in the State. The Department of State
13 Police shall report the name, date of birth, and physical
14 description of any person prohibited from possessing a firearm
15 pursuant to the Firearm Owners Identification Card Act or 18
16 U.S.C. 922(g) and (n) to the National Instant Criminal
17 Background Check System Index, Denied Persons Files.
18     (f) The Department of State Police shall promulgate rules
19 not inconsistent with this Section to implement this system.
20     (g) Beginning January 1, 2010, the Department of State
21 Police shall provide an Internet based means for individuals to
22 immediately inquire of and verify the validity of a person's
23 Firearm Owner's Identification Card. The Department of State
24 Police may not retain any records of the inquiry.
25 (Source: P.A. 94-6, eff. 1-1-06; 94-353, eff. 7-29-05; 95-331,
26 eff. 8-21-07; 95-564, eff. 6-1-08.)



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1     Section 99. Effective date. This Act takes effect January
2 1, 2010.".