SB3737sam001 103RD GENERAL ASSEMBLY

Sen. Ram Villivalam

Filed: 5/21/2024

10300SB3737sam001 LRB103 35672 RLC 73854 a

AMENDMENT TO SENATE BILL 3737

AMENDMENT NO. ______. Amend Senate Bill 3737 on page 1, line 5, by inserting "3.1," after "3,"; and

on page 1, line 19, by inserting after "Section 3.1" the following: "and beginning January 1, 2026, the federally licensed firearm dealers shall check the Illinois State Police Internet-based system upon which the serial numbers of firearms that have been reported stolen are available for public access for individuals to ensure any firearms are not reported stolen prior to the sale or transfer of a firearm under subsection (a-25) of this Section. New firearms shipped directly from the manufacturer are exempt from this provision"; and

on page 2, line 2, by inserting after "Section 3.1" the following: "and beginning January 1, 2026, the Illinois State Police shall check the Illinois State Police Internet-based system upon which the serial numbers of firearms that have been reported stolen are available for public access for individuals to ensure any firearms are not reported stolen prior to the sale or transfer of a firearm under subsection {a-25} of this Section. New firearms shipped directly from the manufacturer are exempt from this provision"; and

on page 5, line 17, by inserting after "system." the following: "On or before January 1. 2026, the Illinois State Police shall make the Internet-based system created under this subsection accessible to federally licensed firearms dealers to verify that the make, model, and serial numbers of firearms that are being bought, sold, or transferred by the dealers have not been reported stolen and shall also provide a receipt or approval number to a transferor or federally licensed firearms dealer as verification that the firearm being transferred did not appear on the stolen firearm database."; and

on page 5, by replacing lines 18 through 23 with the following:

"(a-30) The Illinois State Police shall establish an electronic mechanism by which law enforcement shall report individuals who have failed to report the loss or theft of a firearm pursuant to Section 24-4.1 of the Criminal Code of 2012."; and

on page 8, by inserting immediately below line 15 the following:

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

Sec. 3.1. Firearm Transfer Inquiry Program.

(a) The Illinois State Police shall provide a dial up telephone system or utilize other existing technology which shall be used by any federally licensed firearm dealer, gun show promoter, or gun show vendor who is to transfer a firearm, stun gun, or taser under the provisions of this Act. The Illinois State Police may utilize existing technology which allows the caller to be charged a fee not to exceed $2. Fees collected by the Illinois State Police shall be deposited in the State Police Firearm Services Fund and used to provide the service. Beginning January 1, 2026, a federally licensed firearm dealer, gun show promoter, and gun show vendor shall additionally check the Illinois State Police Internet-based system upon which the serial numbers of firearms that have been reported stolen are available for public access to ensure any firearms are not reported stolen prior to the sale or transfer of a firearm under subsection (a-25) of Section 3 of this Act. New firearms shipped directly from the manufacturer are exempt from this provision.

(b) Upon receiving a request from a federally licensed firearm dealer, gun show promoter, or gun show vendor, the Illinois State Police shall immediately approve or, within the time period established by Section 24-3 of the Criminal Code of 2012 regarding the delivery of firearms, stun guns, and tasers, notify the inquiring dealer, gun show promoter, or gun show vendor of any objection that would disqualify the transferee from acquiring or possessing a firearm, stun gun, or taser. In conducting the inquiry, the Illinois 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.

(b-5) By January 1, 2023, the Illinois State Police shall by rule provide a process for the automatic renewal of the Firearm Owner's Identification Card of a person at the time of an inquiry in subsection (b). Persons eligible for this process must have a set of fingerprints on file with their applications under either subsection (a-25) of Section 4 or the Firearm Concealed Carry Act.

(c) If receipt of a firearm would not violate Section 24-3 of the Criminal Code of 2012, federal law, or this Act, the Illinois State Police shall:

(1) assign a unique identification number to the transfer; and

(2) provide the licensee, gun show promoter, or gun show vendor with the number.

(d) Approvals issued by the Illinois State Police for the purchase of a firearm are valid for 30 days from the date of issue.

(e) (1) The Illinois State Police must act as the Illinois Point of Contact for the National Instant Criminal Background Check System.

(2) The Illinois State Police and the Department of Human Services shall, in accordance with State and federal law regarding confidentiality, enter into a memorandum of understanding with the Federal Bureau of Investigation for the purpose of implementing the National Instant Criminal Background Check System in the State. The Illinois State Police shall report the name, date of birth, and physical description of any person prohibited from possessing a firearm pursuant to the Firearm Owners Identification Card Act or 18 U.S.C. 922(g) and (n) to the National Instant Criminal Background Check System Index, Denied Persons Files.

(3) The Illinois State Police shall provide notice of the disqualification of a person under subsection (b) of this Section or the revocation of a person's Firearm Owner's Identification Card under Section 8 or Section 8.2 of this Act, and the reason for the disqualification or revocation, to all law enforcement agencies with jurisdiction to assist with the seizure of the person's Firearm Owner's Identification Card.

(f) The Illinois State Police shall adopt rules not inconsistent with this Section to implement this system.

(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)"; and

on page 8, line 23, by inserting after "theft." the following: "A person is deemed to have discovered that a firearm was lost or stolen only when the person has received evidence indicating that a loss or theft has occurred."; and

on page 21, line 15, by replacing "with a" with "purchased on or after January 1, 2026, with a make, model, and"; and

on page 23, line 7, by replacing "with a" with "purchased on or after January 1, 2026, with a make, model, and"; and

on page 24, line 22, by inserting "on an expressway in this State" after "transports"; and

on page 24, lines 23 and 24, by deleting "on on an expressway in this State"; and

on page 25, line 1, by replacing "with a" with "purchased on or after January 1, 2026, with a make, model, and"; and

on page 27, line 14, by inserting after the period the following: "For a second or subsequent offense, the failure to report a loss or theft of a firearm within 48 hours of the discovery of such loss or theft as required under subsection (a) shall result in revocation of the person's Firearm Owner's Identification Card. Pursuant to subsection (a) of Section 10 of the Firearm Owners Identification Card Act, a person whose card is revoked under this Section may file a record challenge with the Director of the Illinois State Police as provided in subsection (a-10) of Section 10 of that Act or appeal to the Firearm Owner's Identification Card Review Board for relief as provided in subsection (c) of Section 10 of that Act."; and

on page 27, by deleting lines 15 through 25; and

on page 27, line 26, by relettering "(f)" as "(e)"; and

on page 28, by inserting immediately below line 4 the following:

"Section 99. Effective date. This Act takes effect on January 1, 2026.".