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1 | | reasonable cause to believe is a narcotic addict.
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2 | | (d) Transfers or possesses with intent to transfer |
3 | | Sells or gives any firearm to any person he or she has |
4 | | reasonable cause to believe who has been convicted of a
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5 | | felony under the laws of this or any other jurisdiction.
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6 | | (e) Transfers or possesses with intent to transfer |
7 | | Sells or gives any firearm to any person he or she has |
8 | | reasonable cause to believe who has been a patient in a
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9 | | mental hospital within the past 5 years.
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10 | | (f) Transfers or possesses with intent to transfer |
11 | | Sells or gives any firearms to any person he or she knows |
12 | | or has reasonable cause to believe who is intellectually |
13 | | disabled.
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14 | | (g) Knowingly transfers Delivers any firearm of a size |
15 | | which may be concealed upon the
person, incidental to a |
16 | | sale, without withholding delivery of such firearm
for at |
17 | | least 72 hours after application for its purchase has been |
18 | | made, or
delivers any rifle, shotgun or other long gun, or |
19 | | a stun gun or taser, incidental to a sale,
without |
20 | | withholding delivery of such rifle, shotgun or other long |
21 | | gun, or a stun gun or taser for
at least 24 hours after |
22 | | application for its purchase has been made.
However,
this |
23 | | paragraph (g) does not apply to: (1) the sale of a firearm
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24 | | to a law enforcement officer if the seller of the firearm |
25 | | knows that the person to whom he or she is selling the |
26 | | firearm is a law enforcement officer or the sale of a |
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1 | | firearm to a person who desires to purchase a firearm for
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2 | | use in promoting the public interest incident to his or her |
3 | | employment as a
bank guard, armed truck guard, or other |
4 | | similar employment; (2) a mail
order sale of a firearm to a |
5 | | nonresident of Illinois under which the firearm
is mailed |
6 | | to a point outside the boundaries of Illinois; (3) the sale
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7 | | of a firearm to a nonresident of Illinois while at a |
8 | | firearm showing or display
recognized by the Illinois |
9 | | Department of State Police; or (4) the sale of a
firearm to |
10 | | a dealer licensed as a federal firearms dealer under |
11 | | Section 923
of the federal Gun Control Act of 1968 (18 |
12 | | U.S.C. 923). For purposes of this paragraph (g), |
13 | | "application" means when the buyer and seller reach an |
14 | | agreement to purchase a firearm.
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15 | | (h) While holding any license
as a dealer,
importer, |
16 | | manufacturer or pawnbroker
under the federal Gun Control |
17 | | Act of 1968,
knowingly manufactures, sells or delivers to |
18 | | any unlicensed person a handgun having
a barrel, slide, |
19 | | frame or receiver which is a die casting of zinc alloy or
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20 | | any other nonhomogeneous metal which will melt or deform at |
21 | | a temperature
of less than 800 degrees Fahrenheit. For |
22 | | purposes of this paragraph, (1)
"firearm" is defined as in |
23 | | the Firearm Owners Identification Card Act; and (2)
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24 | | "handgun" is defined as a firearm designed to be held
and |
25 | | fired by the use of a single hand, and includes a |
26 | | combination of parts from
which such a firearm can be |
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1 | | assembled.
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2 | | (i) Transfers or possesses with intent to transfer |
3 | | Sells or gives a firearm of any size to any person he or |
4 | | she knows or has reasonable cause to believe is under 18 |
5 | | years of
age who does not possess a valid Firearm Owner's |
6 | | Identification Card.
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7 | | (i-5) While holding a license under the Federal Gun |
8 | | Control Act of 1968, transfers or possesses with intent to |
9 | | transfer more than one handgun to any person within any |
10 | | 30-day period or transfers or possesses with intent to |
11 | | transfer a handgun to any person he or she knows or has |
12 | | reasonable cause to believe has received a handgun within |
13 | | the previous 30 days unless the receipt of multiple |
14 | | handguns is exempted under subsection (c) or (d) of Section |
15 | | 24-3.1A. It is an affirmative defense to a violation of |
16 | | this subsection that the transferor in good faith relied on |
17 | | the records of the Department of State Police in concluding |
18 | | that the transferor had not transferred a handgun within |
19 | | the previous 30 days or that multiple purchases were |
20 | | authorized by subsection (b) of Section 24-3.1A, or relied |
21 | | in good faith on the records of a local law enforcement |
22 | | agency that the transfer was authorized by subsection (c) |
23 | | of Section 24-3.1A.
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24 | | (j) Transfers or possesses with intent to transfer |
25 | | Sells or gives a firearm while engaged in the business of |
26 | | selling
firearms at wholesale or retail without being |
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1 | | licensed as a federal firearms
dealer under Section 923 of |
2 | | the federal Gun Control Act of 1968 (18 U.S.C.
923). In |
3 | | this paragraph (j):
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4 | | A person "engaged in the business" means a person who |
5 | | devotes time,
attention, and
labor to
engaging in the |
6 | | activity as a regular course of trade or business with the
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7 | | principal objective of livelihood and profit, but does not |
8 | | include a person who
makes occasional repairs of firearms |
9 | | or who occasionally fits special barrels,
stocks, or |
10 | | trigger mechanisms to firearms.
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11 | | "With the principal objective of livelihood and |
12 | | profit" means that the
intent
underlying the sale or |
13 | | disposition of firearms is predominantly one of
obtaining |
14 | | livelihood and pecuniary gain, as opposed to other intents, |
15 | | such as
improving or liquidating a personal firearms |
16 | | collection; however, proof of
profit shall not be required |
17 | | as to a person who engages in the regular and
repetitive |
18 | | purchase and disposition of firearms for criminal purposes |
19 | | or
terrorism.
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20 | | (k) Transfers Sells or transfers ownership of a firearm |
21 | | to a person who does not display to the seller or |
22 | | transferor of the firearm a currently valid Firearm Owner's |
23 | | Identification Card that has previously been issued in the |
24 | | transferee's name by the Department of State Police under |
25 | | the provisions of the Firearm Owners Identification Card |
26 | | Act. This paragraph (k) does not apply to the transfer of a |
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1 | | firearm to a person who is exempt from the requirement of |
2 | | possessing a Firearm Owner's Identification Card under |
3 | | Section 2 of the Firearm Owners Identification Card Act. |
4 | | For the purposes of this Section, a currently valid Firearm |
5 | | Owner's Identification Card means (i) a Firearm Owner's |
6 | | Identification Card that has not expired or (ii) if the |
7 | | transferor is licensed as a federal firearms dealer under |
8 | | Section 923 of the federal Gun Control Act of 1968 (18 |
9 | | U.S.C. 923), an approval number issued in accordance with |
10 | | Section 3.1 of the Firearm Owners Identification Card Act |
11 | | shall be proof that the Firearm Owner's Identification Card |
12 | | was valid. |
13 | | (l) Not
being entitled to the possession of a firearm, |
14 | | delivers the
firearm, knowing it to have been stolen or |
15 | | converted. It may be inferred that
a person who possesses a |
16 | | firearm with knowledge that its serial number has
been |
17 | | removed or altered has knowledge that the firearm is stolen |
18 | | or converted. |
19 | | (B) Paragraph (h) of subsection (A) does not include |
20 | | firearms sold within 6
months after enactment of Public
Act |
21 | | 78-355 (approved August 21, 1973, effective October 1, 1973), |
22 | | nor is any
firearm legally owned or
possessed by any citizen or |
23 | | purchased by any citizen within 6 months after the
enactment of |
24 | | Public Act 78-355 subject
to confiscation or seizure under the |
25 | | provisions of that Public Act. Nothing in
Public Act 78-355 |
26 | | shall be construed to prohibit the gift or trade of
any firearm |
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1 | | if that firearm was legally held or acquired within 6 months |
2 | | after
the enactment of that Public Act.
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3 | | (B-5) As used in this Section, "transfer" means the actual |
4 | | or attempted transfer of a firearm or firearm ammunition, with |
5 | | or without consideration, but does not include the lease of a |
6 | | firearm, or the provision of ammunition specifically for that |
7 | | firearm, if the firearm and the ammunition are to be used on |
8 | | the lessor's premises, and does not include any transfer of |
9 | | possession when the transferor maintains supervision and |
10 | | control over the firearm or ammunition. |
11 | | (B-10) It is an affirmative defense to a violation of |
12 | | paragraph (i-5) of subsection (A) that the transfer or |
13 | | possession with intent to transfer of a firearm was to a |
14 | | transferee who received the firearm as an heir, legatee, or |
15 | | beneficiary of or in a similar capacity to a deceased person |
16 | | who had owned the firearm. Nothing in this paragraph (B-10) |
17 | | makes lawful any transfer or possession with intent to transfer |
18 | | of a firearm, or any other possession or use of a firearm, in |
19 | | violation of any law, other than paragraph (i-5) of subsection |
20 | | (A), or in violation of any municipal or county ordinance. |
21 | | (C) Sentence.
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22 | | (1) Any person convicted of unlawful transfer sale or |
23 | | delivery of firearms in violation of
paragraph (c), (e), |
24 | | (f), (g), or (h) of subsection (A) commits a Class
4
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25 | | felony. A person convicted of a violation of subsection |
26 | | (i-5) of subsection (A) of this Section commits a Class A |
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1 | | misdemeanor for a first offense and a Class 4 felony for a |
2 | | second or subsequent offense.
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3 | | (2) Any person convicted of unlawful transfer sale or |
4 | | delivery of firearms in violation of
paragraph (b) , (b-5), |
5 | | or (i) of subsection (A) commits a Class 3 felony.
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6 | | (3) Any person convicted of unlawful transfer sale or |
7 | | delivery of firearms in violation of
paragraph (a) of |
8 | | subsection (A) commits a Class 2 felony.
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9 | | (4) Any person convicted of unlawful transfer sale or |
10 | | delivery of firearms in violation of
paragraph (a), (b), |
11 | | (b-5), or (i) of subsection (A) in any school, on the real
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12 | | property comprising a school, within 1,000 feet of the real |
13 | | property comprising
a school, at a school related activity, |
14 | | or on or within 1,000 feet of any
conveyance owned, leased, |
15 | | or contracted by a school or school district to
transport |
16 | | students to or from school or a school related activity,
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17 | | regardless of the time of day or time of year at which the |
18 | | offense
was committed, commits a Class 1 felony. Any person |
19 | | convicted of a second
or subsequent violation of unlawful |
20 | | transfer sale or delivery of firearms in violation of |
21 | | paragraph
(a), (b), (b-5), or (i) of subsection (A) in any |
22 | | school, on the real property
comprising a school, within |
23 | | 1,000 feet of the real property comprising a
school, at a |
24 | | school related activity, or on or within 1,000 feet of any
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25 | | conveyance owned, leased, or contracted by a school or |
26 | | school district to
transport students to or from school or |
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1 | | a school related activity,
regardless of the time of day or |
2 | | time of year at which the offense
was committed, commits a |
3 | | Class 1 felony for which the sentence shall be a
term of |
4 | | imprisonment of no less than 5 years and no more than 15 |
5 | | years.
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6 | | (5) Any person convicted of unlawful transfer sale or |
7 | | delivery of firearms in violation of
paragraph (a) or (i) |
8 | | of subsection (A) in residential property owned,
operated, |
9 | | or managed by a public housing agency or leased by a public |
10 | | housing
agency as part of a scattered site or mixed-income |
11 | | development, in a public
park, in a
courthouse, on |
12 | | residential property owned, operated, or managed by a |
13 | | public
housing agency or leased by a public housing agency |
14 | | as part of a scattered site
or mixed-income development, on |
15 | | the real property comprising any public park,
on the real
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16 | | property comprising any courthouse, or on any public way |
17 | | within 1,000 feet
of the real property comprising any |
18 | | public park, courthouse, or residential
property owned, |
19 | | operated, or managed by a public housing agency or leased |
20 | | by a
public housing agency as part of a scattered site or |
21 | | mixed-income development
commits a
Class 2 felony.
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22 | | (6) Any person convicted of unlawful transfer sale or |
23 | | delivery of firearms in violation of
paragraph (j) of |
24 | | subsection (A) commits a Class A misdemeanor. A second or
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25 | | subsequent violation is a Class 4 felony. |
26 | | (7) Any person convicted of unlawful transfer sale or |
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1 | | delivery of firearms in violation of paragraph (k) of |
2 | | subsection (A) commits a Class 4 felony. A third or |
3 | | subsequent conviction for a violation of paragraph (k) of |
4 | | subsection (A) is a Class 1 felony.
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5 | | (8) A person 18 years of age or older convicted of |
6 | | unlawful transfer sale or delivery of firearms in violation |
7 | | of paragraph (a) or (i) of subsection (A), when the firearm |
8 | | that was sold or given to another person under 18 years of |
9 | | age was used in the commission of or attempt to commit a |
10 | | forcible felony, shall be fined or imprisoned, or both, not |
11 | | to exceed the maximum provided for the most serious |
12 | | forcible felony so committed or attempted by the person |
13 | | under 18 years of age who was sold or given the firearm. |
14 | | (9) Any person convicted of unlawful transfer sale or |
15 | | delivery of firearms in violation of
paragraph (d) of |
16 | | subsection (A) commits a Class 3 felony. |
17 | | (10) Any person convicted of unlawful transfer sale or |
18 | | delivery of firearms in violation of paragraph (l) of |
19 | | subsection (A) commits a Class 2 felony if the delivery is |
20 | | of one firearm. Any person convicted of unlawful transfer |
21 | | sale or delivery of firearms in violation of paragraph (l) |
22 | | of subsection (A) commits a Class 1 felony if the delivery |
23 | | is of not less than 2 and not more than 5 firearms at the
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24 | | same time or within a one year period. Any person convicted |
25 | | of unlawful transfer sale or delivery of firearms in |
26 | | violation of paragraph (l) of subsection (A) commits a |
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1 | | Class X felony for which he or she shall be sentenced
to a |
2 | | term of imprisonment of not less than 6 years and not more |
3 | | than 30
years if the delivery is of not less than 6 and not |
4 | | more than 10 firearms at the
same time or within a 2 year |
5 | | period. Any person convicted of unlawful transfer sale or |
6 | | delivery of firearms in violation of paragraph (l) of |
7 | | subsection (A) commits a Class X felony for which he or she |
8 | | shall be sentenced
to a term of imprisonment of not less |
9 | | than 6 years and not more than 40
years if the delivery is |
10 | | of not less than 11 and not more than 20 firearms at the
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11 | | same time or within a 3 year period. Any person convicted |
12 | | of unlawful transfer sale or delivery of firearms in |
13 | | violation of paragraph (l) of subsection (A) commits a |
14 | | Class X felony for which he or she shall be sentenced
to a |
15 | | term of imprisonment of not less than 6 years and not more |
16 | | than 50
years if the delivery is of not less than 21 and |
17 | | not more than 30 firearms at the
same time or within a 4 |
18 | | year period. Any person convicted of unlawful transfer sale |
19 | | or delivery of firearms in violation of paragraph (l) of |
20 | | subsection (A) commits a Class X felony for which he or she |
21 | | shall be sentenced
to a term of imprisonment of not less |
22 | | than 6 years and not more than 60
years if the delivery is |
23 | | of 31 or more firearms at the
same time or within a 5 year |
24 | | period. |
25 | | (11) A person convicted of unlawful transfer of |
26 | | firearms in violation of paragraph (d) of subsection (A) |
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1 | | commits a Class 2 felony. |
2 | | (D) For purposes of this Section:
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3 | | "School" means a public or private elementary or secondary |
4 | | school,
community college, college, or university.
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5 | | "School related activity" means any sporting, social, |
6 | | academic, or
other activity for which students' attendance or |
7 | | participation is sponsored,
organized, or funded in whole or in |
8 | | part by a school or school district.
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9 | | (E) A prosecution for a violation of paragraph (k) of |
10 | | subsection (A) of this Section may be commenced within 6 years |
11 | | after the commission of the offense. A prosecution for a |
12 | | violation of this Section other than paragraph (g) of |
13 | | subsection (A) of this Section may be commenced within 5 years |
14 | | after the commission of the offense defined in the particular |
15 | | paragraph.
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16 | | (Source: P.A. 96-190, eff. 1-1-10; 97-227, eff. 1-1-12; 97-347, |
17 | | eff. 1-1-12; 97-813, eff. 7-13-12.)
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18 | | (720 ILCS 5/24-3.1A new)
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19 | | Sec. 24-3.1A. Unlawful acquisition of handguns.
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20 | | (a) Except as exempted in subsections (b) and (d), it is |
21 | | unlawful for
any person other than a person holding a license |
22 | | under the Federal Gun Control
Act of 1968, as amended, to |
23 | | acquire more than one handgun within any 30-day
period.
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24 | | (b) Acquisitions in excess of one handgun within a 30-day |
25 | | period may be
made upon
completion of an enhanced background |
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1 | | check, as described in this Section, by
special
application to |
2 | | the Department of State Police listing the number and type of
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3 | | handguns
to be acquired and transferred for lawful business or |
4 | | personal use, in a
collector
series, for collections, as a bulk |
5 | | purchase from estate sales, and for similar
purposes.
The |
6 | | application must be signed under oath by the applicant on forms |
7 | | provided
by the
Department of State Police, must state the |
8 | | purpose for the acquisition above
the
limit,
and must require |
9 | | satisfactory proof of residency and identity. The
application |
10 | | is
in addition to the firearms transfer report required by the |
11 | | Bureau of Alcohol,
Tobacco, Firearms and Explosives (ATF). The |
12 | | Director of State Police shall adopt rules,
under the Illinois |
13 | | Administrative Procedure Act, for the implementation
of an |
14 | | application process for acquisitions of handguns above the |
15 | | limit.
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16 | | Upon being satisfied that these requirements have been met, |
17 | | the Department of
State
Police must forthwith issue to the |
18 | | applicant a nontransferable certificate
that is
valid for 7 |
19 | | days from the date of issue. The certificate must be
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20 | | surrendered to
the transferor by the prospective transferee |
21 | | before the consummation of the
transfer
and
must be kept on |
22 | | file at the transferor's place of business for inspection as
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23 | | provided in Section 24-4.
Upon request of any local
law |
24 | | enforcement agency, and under its rules, the Department of
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25 | | State
Police may certify the local law enforcement agency to |
26 | | serve as its agent to
receive
applications and, upon |
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1 | | authorization by the Department of State Police, issue
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2 | | certificates forthwith under this Section. Applications and
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3 | | certificates issued
under this Section must be maintained as |
4 | | records by the Department of State
Police, and made available |
5 | | to local
law enforcement agencies.
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6 | | (c) This Section does not apply to:
|
7 | | (1) A law enforcement agency;
|
8 | | (2) State and local correctional agencies and |
9 | | departments;
|
10 | | (3) The acquisition of antique firearms as defined by |
11 | | paragraph (4) of
Section
1.1 of the Firearm Owners |
12 | | Identification Card Act; or
|
13 | | (4) A person whose handgun is stolen or irretrievably |
14 | | lost who deems it
essential that
the handgun be replaced |
15 | | immediately. The person may acquire another handgun,
even |
16 | | if the person has previously acquired a handgun within a |
17 | | 30-day
period, if:
(i) the person provides the firearms |
18 | | transferor with a copy of the
official police
report or a |
19 | | summary of the official police report, on forms provided by |
20 | | the
Department of State
Police,
from the law enforcement |
21 | | agency that took the report of the lost or stolen
handgun;
|
22 | | (ii) the official police report or summary of the official |
23 | | police report
contains the name and
address of the
handgun |
24 | | owner, the description
and serial number
of the handgun, |
25 | | the location of the loss or
theft, the
date of the loss or |
26 | | theft, and the date the loss or theft was reported to the
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1 | | law enforcement agency; and (iii) the date of the loss or |
2 | | theft as reflected on
the
official police report or summary |
3 | | of the official police report occurred within
30 days of |
4 | | the
person's
attempt to replace the handgun. The firearms |
5 | | transferor must attach a copy of
the
official police report |
6 | | or summary of the official police report to the original
|
7 | | copy of the form
provided by the Department of State Police |
8 | | completed for the transaction,
retain it for the period
|
9 | | prescribed
by the Department of State Police, and forward a |
10 | | copy of the documents to the
Department of State Police. |
11 | | The documents must be maintained by the
Department of State |
12 | | Police and made available to local law enforcement
|
13 | | agencies.
|
14 | | (d) For the purposes of this Section, "acquisition" does |
15 | | not include the
exchange or
replacement of a handgun by a |
16 | | transferor for a handgun transferred from the
transferor
by the
|
17 | | same person seeking the exchange or replacement within the |
18 | | 30-day period
immediately preceding the date of exchange or |
19 | | replacement.
|
20 | | (e) The exemptions set forth in subsections (b) and (c) are
|
21 | | affirmative defenses to a violation of subsection (a).
|
22 | | (f) A violation of this Section is a Class A misdemeanor |
23 | | for a first offense
and a Class 4 felony for a second or |
24 | | subsequent offense.
|