Full Text of HB0794 94th General Assembly
HB0794 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB0794
Introduced 02/02/05, by Rep. Harry Osterman SYNOPSIS AS INTRODUCED: |
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Amends the Firearm Owners
Identification Card
Act. Provides that a person, who is not a federally licensed firearm dealer,
who desires to transfer or
sell a firearm while that person is on the grounds of a gun show, must prior to
the sale or transfer of
the firearm: (1) request the Department of State Police to conduct a background
check on the
transferor and the prospective transferee of a firearm; (2) provide certain
information to the
Department; and (3) receive an approval from the Department
that, after a
background check was conducted, nothing in the records accessed by the
Department prohibits,
based on State or federal law, the purchaser from purchasing or possessing a
firearm. Provides that the Department of State Police may collect a fee to conduct the background check not to exceed $2. Provides that
failure to comply with these requirements is a Class A misdemeanor. Provides
that failure to comply
with these requirements is a Class 2 felony if the person has 2 or more
previous convictions
for these violations.
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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
FISCAL NOTE ACT MAY APPLY |
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A BILL FOR
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HB0794 |
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LRB094 09085 RLC 39313 b |
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| AN ACT concerning firearms.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Firearm Owners Identification Card Act is | 5 |
| amended by adding
Section
3.5 as follows:
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| (430 ILCS 65/3.5 new)
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| Sec. 3.5. Private transfers of firearms by persons | 8 |
| attending gun shows.
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| (a) To ensure that, prior to any sale or transfer of a | 10 |
| firearm at a gun show
in the State of
Illinois, a background | 11 |
| check is conducted on the transferor and the transferee
of the | 12 |
| firearm, the
Department of State Police shall establish a | 13 |
| system which shall be available
for requests from
individuals | 14 |
| selling or transferring firearms at a gun show, other than a
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| federally licensed firearms
dealer, to conduct background | 16 |
| checks under this system.
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| The Department of State Police shall utilize technology | 18 |
| which allows the
person
to be charged a fee
equivalent to the | 19 |
| cost of providing the service. The fee may not exceed $2, | 20 |
| however. Fees collected by the
Department of State Police
shall | 21 |
| be deposited in the State Police Services Fund and used to | 22 |
| provide the
service.
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| The Department of State Police shall establish a service of | 24 |
| conducting
background checks for
individuals selling or | 25 |
| transferring firearms at a gun show, other than a
federally | 26 |
| licensed firearm
dealer. Gun show promoters and other | 27 |
| interested parties shall access the
background check system
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| through a process established by the Department of State | 29 |
| Police.
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| Upon receiving a request from an individual selling or | 31 |
| transferring firearms
at
a gun show, other than
a federally | 32 |
| licensed firearm dealer, the Department of State Police shall
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HB0794 |
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LRB094 09085 RLC 39313 b |
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| provide, during the initial
transferor inquiry, an approval, | 2 |
| denial, or conditional denial of the transfer.
The time period | 3 |
| for the
Department to respond shall begin at the time the | 4 |
| inquiry is received. When the
Department
provides a conditional | 5 |
| denial, the transferor shall not transfer the firearm until
an | 6 |
| approval is provided
by the Department. However, if any | 7 |
| approval or denial is not provided in
accordance with Section | 8 |
| 24-3 of the Criminal Code of 1961, the transfer may proceed. | 9 |
| Failure of
the Department to
provide an approval or denial | 10 |
| within the prescribed length of times does not
relieve the | 11 |
| transferor
from compliance with any other statutory | 12 |
| restrictions on firearm transfers.
Regardless of the
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| requirements of this Section, transactions must comply with all | 14 |
| State and
federal firearm laws.
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| (b) Any person who is not a federally licensed firearm | 16 |
| dealer and who desires
to transfer or sell a
firearm while that | 17 |
| person is on the grounds of a gun show must, prior to the
sale | 18 |
| or transfer of the
firearm:
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| (1) Request the Department of State Police to conduct a | 20 |
| background check
on the
transferor and the prospective | 21 |
| transferee of a firearm and shall provide the
following
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| information to the Department:
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| (A) A valid Firearm Owner's Identification Card | 24 |
| number of the
transferor and transferee.
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| (B) The telephone number of the transferor and | 26 |
| transferee.
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| (C) The type of firearm (long gun or short gun).
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| (2) Receive an approval from the Department of State | 29 |
| Police that, after a
background
check was conducted, | 30 |
| nothing in the records accessed by the Department shall
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| prohibit, based on State or federal law, the purchaser from | 32 |
| purchasing or
possessing a
firearm.
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| (c) From the background check under this Section, the | 34 |
| Department of State
Police shall:
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| (1) Determine from records and other information | 36 |
| available to it whether
the
recipient is disqualified under |
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HB0794 |
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LRB094 09085 RLC 39313 b |
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| State or federal laws from completing the
transfer or is
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| otherwise prohibited by State or federal law from | 3 |
| purchasing or possessing a
firearm;
and
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| (2) Notify the transferor when a recipient is | 5 |
| disqualified from completing
the transfer
or provide the | 6 |
| transferor with a unique approval number indicating that | 7 |
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recipient
is qualified to complete the transfer. The | 8 |
| unique approval number is a permit
valid
for 30 days for | 9 |
| the requested transfer. If the firearm is not transferred | 10 |
| from
the
transfer to the recipient within 30 days after | 11 |
| receipt of the unique approval
number, a
new request must | 12 |
| be made by the transferor.
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| (d) The Department of State Police shall provide, during | 14 |
| the initial
transferor inquiry,
an approval, denial, or | 15 |
| conditional denial of the transfer. The time period for
the
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| Department to respond shall begin at the time the inquiry is | 17 |
| received. When the
Department provides a conditional denial, | 18 |
| the transferor shall not transfer the
firearm
until an approval | 19 |
| is provided by the Department. However, if any approval or
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| denial
is not provided in accordance with Section 24-3 of
the
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| Criminal Code of 1961, the transfer may proceed. Failure of the | 22 |
| Department to
provide an approval or denial within the | 23 |
| prescribed length of times does not
relieve
the transferor from | 24 |
| compliance with any other statutory restrictions on firearm
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| transfers. Regardless of the requirements of this Section, | 26 |
| transactions must
comply with
all State and federal firearm | 27 |
| laws.
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| (e) A public employee or public agency incurs no criminal | 29 |
| or civil liability
for performing the
background checks | 30 |
| required by this Section, provided the employee or agency
acts | 31 |
| in good faith
without malice.
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| (f) A transferor other than a gun dealer may not transfer a | 33 |
| firearm at a gun
show unless the
transferor:
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| (1) Requests a background check under this Section | 35 |
| prior to completing the
transferor;
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| (2) Receives notification that the recipient is |
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LRB094 09085 RLC 39313 b |
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| qualified to complete the
transfer;
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| (3) Has complied with Section 24-3 of the Criminal Code | 3 |
| of 1961; and
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| (4) Has the recipient complete the form described in | 5 |
| this Section.
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| (g) The transferor shall retain the completed form referred | 7 |
| to in subsection
(h) of this Section
for at least 10 years and | 8 |
| shall make the completed form available to law
enforcement | 9 |
| agencies for the
purpose of criminal investigations. A gun show | 10 |
| promoter shall post in a
prominent place at the gun
show a | 11 |
| notice explaining the requirements of this Section. The gun | 12 |
| show
promoter shall provide the
form required by subsection (h) | 13 |
| of this Section to any person transferring a
firearm at the gun | 14 |
| show.
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| (h) The Department of State Police shall develop a form to | 16 |
| be completed by a
person seeking
to obtain a firearm at a gun | 17 |
| show from a transferor other than a gun show
dealer. The | 18 |
| Department
shall consider including in the form all of the | 19 |
| requirements for disclosure of
information that are
required by | 20 |
| federal law for over-the-counter firearms transactions.
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| (i) Failure to comply with the requirement of this Section | 22 |
| is a Class A
misdemeanor. Failure
to comply with the | 23 |
| requirements of this Section is a Class 2 felony if the
person | 24 |
| has 2 or more
previous convictions under this Section.
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| (j) In this Section:
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| "Gun show" means the entire premises provided for an event | 27 |
| or function,
including but not
limited to parking areas for the | 28 |
| event or function, that is sponsored to
facilitate, in whole or | 29 |
| in part,
the purchase, sale, offer for sale, or collection of | 30 |
| firearms at which:
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| (1) 25 or more firearms are offered or exhibited for | 32 |
| sale, transfer, or
exchange; or
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| (2) not less than 3 gun show vendors exhibit, sell, | 34 |
| offer for sale,
transfer, or exchange
firearms.
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| "Gun show promoter" means a person who organizes or | 36 |
| operates a gun show.
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HB0794 |
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LRB094 09085 RLC 39313 b |
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| "Gun show vendor" means any person who exhibits, sells, | 2 |
| offers for sale,
transfers, or
exchanges any firearms at a gun | 3 |
| show, regardless of whether the person
arranges with a gun show
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| promoter for a fixed location from which to exhibit, sell, | 5 |
| offer for sale,
transfer, or exchange any
firearm.
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| (k) The Department of State Police shall adopt rules to | 7 |
| carry out the
provisions of this
Section.
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