State of Illinois
92nd General Assembly

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 1                    AMENDMENT TO HOUSE BILL 1783

 2        AMENDMENT NO.     .  Amend House Bill 1783  by  replacing
 3    the title with the following:
 4        "AN ACT in relation to firearms."; and

 5    by  replacing  everything  after the enacting clause with the
 6    following:

 7        "Section 1. Short title.  This Act may be  cited  as  the
 8    Pistol and Revolver Ballistic Identification Databank Act.

 9        Section 5. Definitions.  In this Act:
10        "Manufacturer"  means a person possessing a valid federal
11    license that permits the person to engage in the business  of
12    manufacturing  pistols or revolvers or ammunition for pistols
13    or revolvers for the purpose of sale or distribution.
14        "Shell casing" means that part of ammunition  capable  of
15    being  used  in a pistol or revolver that contains the primer
16    and propellant powder to discharge a bullet or projectile.

17        Section 10. Duties of manufacturers and dealers.
18        (a)  On and after April 1, 2002,  any  manufacturer  that
19    ships,  transports,  or  delivers a pistol or revolver to any
20    person in this State must, in accordance with  rules  adopted
                            -2-              LRB9206342RCcdam
 1    by  the  Department of State Police, include in the container
 2    with the pistol or revolver a separate sealed container  that
 3    encloses:
 4             (1)  a  shell  casing  of  a  bullet  or  projectile
 5        discharged from the pistol or revolver; and
 6             (2)  any  additional information that identifies the
 7        pistol or revolver and shell casing as  required  by  the
 8        rules adopted by the Department of State Police.
 9        (b)  A  gunsmith  or  federally  licensed  firearm dealer
10    must, within 10 days after  the  receipt  of  any  pistol  or
11    revolver  from  a  manufacturer that fails to comply with the
12    provisions of this Section, either: (1) return the pistol  or
13    revolver to the manufacturer, or (2) notify the Department of
14    State  Police  of  the  noncompliance and thereafter obtain a
15    substitute  sealed  container  through  participation  in   a
16    program  operated  by  the  Department  of  State  Police  as
17    provided in Section 15.

18        Section 15. Duties of the Department of State Police. The
19    Department  of  State  Police must, no later than December 1,
20    2001, adopt  rules  for  the  operation  of  a  program  that
21    provides  a  gunsmith  or a federally licensed firearm dealer
22    with a sealed container  enclosing  the  items  specified  in
23    Section 10 of this Act. The program must at a minimum:
24        (1)  be operational by February 1, 2002;
25        (2)  operate in at least 8 regional locations within this
26    State; and
27        (3)  specify  procedures  by which the gunsmith or dealer
28    is to deliver a pistol or revolver to  the  regional  program
29    location  closest to his or her place of business for testing
30    and prompt return of the pistol or revolver.

31        Section 20. Forwarding of shell casings to the Department
32    of State Police. On and after April 1, 2002,  a  gunsmith  or
                            -3-              LRB9206342RCcdam
 1    federally licensed firearm dealer  must, within 10 days after
 2    delivering to any person a pistol or revolver received by the
 3    gunsmith or dealer  on or after April 1, 2002, forward to the
 4    Department  of  State Police, along with a description of the
 5    firearm, including  its  make,  model,  caliber,  and  serial
 6    number,  the sealed container enclosing the shell casing from
 7    the  pistol  or  revolver  either  (1)  received   from   the
 8    manufacturer  or  (2)  obtained  through participation in the
 9    program  operated  by  the  Department  of  State  Police  in
10    accordance with Section 15 of this Act.

11        Section  25.  Ballistic  Identification  Database.   Upon
12    receipt  of  the  sealed  container,  the Department of State
13    Police must cause to be entered in  an  automated  electronic
14    databank  pertinent  data  and  other  ballistic  information
15    relevant  to  identification  of  the shell casing and to the
16    pistol  or  revolver  from  which  it  was  discharged.   The
17    automated electronic databank must be operated and maintained
18    by  the  Department  of  State Police, in accordance with its
19    rules adopted after consultation with the Federal  Bureau  of
20    Investigation  and  the United States Department of Treasury,
21    Bureau  of  Alcohol,   Tobacco   and   Firearms   to   ensure
22    compatibility with national ballistic technology.

23        Section  30.  Sentence.  A  person who knowingly violates
24    this Act is  guilty of a Class B misdemeanor.  A  person  who
25    knowingly  violates  this  Act a second or subsequent time is
26    guilty of a Class A misdemeanor.

27        Section 99. Effective date.  This Act takes  effect  upon
28    becoming law.".

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