99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 HB6429

Introduced , by Rep. Kelly M. Cassidy

SYNOPSIS AS INTRODUCED:

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

Amends the Firearm Owners Identification Card Act. Provides that the Department of State Police shall notify of the revocation of a person's Firearm Owner's Identification Card where the person is subject to revocation because the person is or was at the time of issuance subject to an existing order of protection and the reason of disqualification or revocation, to all law enforcement agencies with jurisdiction to assist with the seizure of the person's Firearm Owner's Identifcation Card. Effective immediately.

LRB099 21302 SLF 47009 b

A BILL FOR

HB6429

LRB099 21302 SLF 47009 b

1 AN ACT concerning safety.

2 Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

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

17 the service.

18 (b) Upon receiving a request from a federally licensed

19 firearm dealer, gun show promoter, or gun show vendor, the

20 Department of State Police shall immediately approve, or within

21 the time period established by Section 24-3 of the Criminal

22 Code of 2012 regarding the delivery of firearms, stun guns, and

23 tasers notify the inquiring dealer, gun show promoter, or gun

HB6429

- 2 -

LRB099 21302 SLF 47009 b

1 show vendor of any objection that would disqualify the

2 transferee from acquiring or possessing a firearm, stun gun, or

3 taser. In conducting the inquiry, the Department of State

4 Police shall initiate and complete an automated search of its

5 criminal history record information files and those of the

6 Federal Bureau of Investigation, including the National

7 Instant Criminal Background Check System, and of the files of

8 the Department of Human Services relating to mental health and

9 developmental disabilities to obtain any felony conviction or

10 patient hospitalization information which would disqualify a

11 person from obtaining or require revocation of a currently

12 valid Firearm Owner's Identification Card.

13 (c) If receipt of a firearm would not violate Section 24-3

14 of the Criminal Code of 2012, federal law, or this Act the

15 Department of State Police shall:

16 (1) assign a unique identification number to the

17 transfer; and

18 (2) provide the licensee, gun show promoter, or gun

19 show vendor with the number.

20 (d) Approvals issued by the Department of State Police for

21 the purchase of a firearm are valid for 30 days from the date

22 of issue.

23 (e) (1) The Department of State Police must act as the

24 Illinois Point of Contact for the National Instant Criminal

25 Background Check System.

26 (2) The Department of State Police and the Department of

HB6429

- 3 -

LRB099 21302 SLF 47009 b

1 Human Services shall, in accordance with State and federal law

2 regarding confidentiality, enter into a memorandum of

3 understanding with the Federal Bureau of Investigation for the

4 purpose of implementing the National Instant Criminal

5 Background Check System in the State. The Department of State

6 Police shall report the name, date of birth, and physical

7 description of any person prohibited from possessing a firearm

8 pursuant to the Firearm Owners Identification Card Act or 18

9 U.S.C. 922(g) and (n) to the National Instant Criminal

10 Background Check System Index, Denied Persons Files.

11 (3) The Department of State Police shall provide notice of

12 the disqualification of a person under subsection (b) of this

13 Section or the revocation of a person's Firearm Owner's

14 Identification Card under Section 8 or 8.2 of this Act, and the

15 reason for the disqualification or revocation, to all law

16 enforcement agencies with jurisdiction to assist with the

17 seizure of the person's Firearm Owner's Identification Card.

18 (f) The Department of State Police shall adopt rules not

19 inconsistent with this Section to implement this system.

20 (Source: P.A. 97-1150, eff. 1-25-13; 98-63, eff. 7-9-13.)

21 Section 99. Effective date. This Act takes effect upon

22 becoming law.