Illinois General Assembly - Full Text of HB5490
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Full Text of HB5490  98th General Assembly


Rep. Ann Williams

Filed: 3/4/2014





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2    AMENDMENT NO. ______. Amend House Bill 5490 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Firearm Owners Identification Card Act is
5amended 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
9telephone system or utilize other existing technology which
10shall be used by any federally licensed firearm dealer, gun
11show promoter, or gun show vendor who is to transfer a firearm,
12stun gun, or taser under the provisions of this Act. The
13Department of State Police may utilize existing technology
14which allows the caller to be charged a fee not to exceed $2.
15Fees collected by the Department of State Police shall be
16deposited in the State Police Services Fund and used to provide



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1the service. A federally licensed firearm dealer may charge a
2fee, not to exceed $10, for the inquiry required under
3subsection (b) of this Section.
4    (b) Upon receiving a request from a federally licensed
5firearm dealer, gun show promoter, or gun show vendor, the
6Department of State Police shall immediately approve, or within
7the time period established by Section 24-3 of the Criminal
8Code of 2012 regarding the delivery of firearms, stun guns, and
9tasers notify the inquiring dealer, gun show promoter, or gun
10show vendor of any objection that would disqualify the
11transferee from acquiring or possessing a firearm, stun gun, or
12taser. In conducting the inquiry, the Department of State
13Police shall initiate and complete an automated search of its
14criminal history record information files and those of the
15Federal Bureau of Investigation, including the National
16Instant Criminal Background Check System, and of the files of
17the Department of Human Services relating to mental health and
18developmental disabilities to obtain any felony conviction or
19patient hospitalization information which would disqualify a
20person from obtaining or require revocation of a currently
21valid Firearm Owner's Identification Card.
22    (c) If receipt of a firearm would not violate Section 24-3
23of the Criminal Code of 2012, federal law, or this Act the
24Department of State Police shall:
25        (1) assign a unique identification number to the
26    transfer; and



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1        (2) provide the licensee, gun show promoter, or gun
2    show vendor with the number.
3    (d) Approvals issued by the Department of State Police for
4the purchase of a firearm are valid for 30 days from the date
5of issue.
6    (e) (1) The Department of State Police must act as the
7Illinois Point of Contact for the National Instant Criminal
8Background Check System.
9    (2) The Department of State Police and the Department of
10Human Services shall, in accordance with State and federal law
11regarding confidentiality, enter into a memorandum of
12understanding with the Federal Bureau of Investigation for the
13purpose of implementing the National Instant Criminal
14Background Check System in the State. The Department of State
15Police shall report the name, date of birth, and physical
16description of any person prohibited from possessing a firearm
17pursuant to the Firearm Owners Identification Card Act or 18
18U.S.C. 922(g) and (n) to the National Instant Criminal
19Background Check System Index, Denied Persons Files.
20    (3) The Department of State Police shall provide notice of
21the disqualification of a person under subsection (b) of this
22Section or the revocation of a person's Firearm Owner's
23Identification Card under Section 8 of this Act, and the reason
24for the disqualification or revocation, to all law enforcement
25agencies with jurisdiction to assist with the seizure of the
26person's Firearm Owner's Identification Card.



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1    (f) The Department of State Police shall adopt rules not
2inconsistent with this Section to implement this system.
3(Source: P.A. 97-1150, eff. 1-25-13; 98-63, eff. 7-9-13.)".