Full Text of HB5480 96th General Assembly
HB5480ham001 96TH GENERAL ASSEMBLY
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Rep. Harry Osterman
Filed: 4/29/2010
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09600HB5480ham001 |
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LRB096 18968 RLC 40881 a |
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| AMENDMENT TO HOUSE BILL 5480
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| AMENDMENT NO. ______. Amend House Bill 5480 on page 1, line | 3 |
| 5, by replacing "Section 3" with "Sections 3 and 3.1"; and
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| on page 3, by inserting after line 25 the following:
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| "(430 ILCS 65/3.1) (from Ch. 38, par. 83-3.1)
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| Sec. 3.1. Dial up system. | 7 |
| (a) The Department of State Police shall provide
a dial up | 8 |
| telephone system or utilize other existing technology which | 9 |
| shall be used by any federally licensed
firearm dealer, gun | 10 |
| show promoter, or gun show vendor who is to transfer a firearm, | 11 |
| stun gun, or taser under the provisions of this
Act. The | 12 |
| Department of State Police may utilize existing technology | 13 |
| which
allows the caller to be charged a fee not to exceed $2. | 14 |
| Fees collected by the Department of
State Police shall be | 15 |
| deposited in the State Police Services Fund and used
to provide | 16 |
| the service.
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LRB096 18968 RLC 40881 a |
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| (b) Upon receiving a request from a federally licensed | 2 |
| firearm dealer, gun show promoter, or gun show vendor, the
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| Department of State Police shall immediately approve, or within | 4 |
| the time
period established by Section 24-3 of the Criminal | 5 |
| Code of 1961 regarding
the delivery of firearms, stun guns, and | 6 |
| tasers notify the inquiring dealer, gun show promoter, or gun | 7 |
| show vendor of any objection that
would disqualify the | 8 |
| transferee from acquiring or possessing a firearm, stun gun, or | 9 |
| taser. In
conducting the inquiry, the Department of State | 10 |
| Police shall initiate and
complete an automated search of its | 11 |
| criminal history record information
files and those of the | 12 |
| Federal Bureau of Investigation, including the
National | 13 |
| Instant Criminal Background Check System, and of the files of
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| the Department of Human Services relating to mental health and
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| developmental disabilities to obtain
any felony conviction or | 16 |
| patient hospitalization information which would
disqualify a | 17 |
| person from obtaining or require revocation of a currently
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| valid Firearm Owner's Identification Card. | 19 |
| (c) If receipt of a firearm would not violate Section 24-3 | 20 |
| of the Criminal Code of 1961, federal law, or this Act the | 21 |
| Department of State Police shall: | 22 |
| (1) assign a unique identification number to the | 23 |
| transfer; and | 24 |
| (2) provide the licensee, gun show promoter, or gun | 25 |
| show vendor with the number. | 26 |
| (d) Approvals issued by the Department of State Police for |
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LRB096 18968 RLC 40881 a |
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| the purchase of a firearm are valid for 30 days from the date | 2 |
| of issue.
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| (e) (1) The Department of State Police must act as the | 4 |
| Illinois Point of Contact
for the National Instant Criminal | 5 |
| Background Check System. | 6 |
| (2) The Department of State Police and the Department of | 7 |
| Human Services shall, in accordance with State and federal law | 8 |
| regarding confidentiality, enter into a memorandum of | 9 |
| understanding with the Federal Bureau of Investigation for the | 10 |
| purpose of implementing the National Instant Criminal | 11 |
| Background Check System in the State. The Department of State | 12 |
| Police shall report the name, date of birth, and physical | 13 |
| description of any person prohibited from possessing a firearm | 14 |
| pursuant to the Firearm Owners Identification Card Act or 18 | 15 |
| U.S.C. 922(g) and (n) to the National Instant Criminal | 16 |
| Background Check System Index, Denied Persons Files.
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| (f) The Department of State Police shall promulgate rules | 18 |
| not inconsistent with this Section to implement this
system.
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| (g) The Department of State Police shall develop an | 20 |
| Internet based system for individuals to request the Department | 21 |
| of State Police to conduct an instant criminal background check | 22 |
| prior to the sale or transfer of a handgun. The Department of | 23 |
| State Police shall have the system completed and available for | 24 |
| use by July 1, 2012. The Department shall promulgate rules not | 25 |
| inconsistent with this Section to implement this system. | 26 |
| (Source: P.A. 94-6, eff. 1-1-06; 94-353, eff. 7-29-05; 95-331, |
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LRB096 18968 RLC 40881 a |
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| eff. 8-21-07; 95-564, eff. 6-1-08 .)".
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