| |||||||||||||||||||||||||||
| |||||||||||||||||||||||||||
| |||||||||||||||||||||||||||
| |||||||||||||||||||||||||||
| |||||||||||||||||||||||||||
1 | AN ACT concerning criminal law.
| ||||||||||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois,
| ||||||||||||||||||||||||||
3 | represented in the General Assembly:
| ||||||||||||||||||||||||||
4 | Section 5. The Criminal Code of 2012 is amended by changing | ||||||||||||||||||||||||||
5 | Section 24-3 and adding Section 24-3.1A as follows:
| ||||||||||||||||||||||||||
6 | (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
| ||||||||||||||||||||||||||
7 | Sec. 24-3. Unlawful transfer sale or delivery of firearms.
| ||||||||||||||||||||||||||
8 | (A) A person commits the offense of unlawful transfer sale | ||||||||||||||||||||||||||
9 | or delivery of firearms when he
or she knowingly does any of | ||||||||||||||||||||||||||
10 | the following:
| ||||||||||||||||||||||||||
11 | (a) Transfers or possesses with intent to transfer | ||||||||||||||||||||||||||
12 | Sells or gives any firearm of a size which may be concealed | ||||||||||||||||||||||||||
13 | upon the
person to any person he or she has reasonable | ||||||||||||||||||||||||||
14 | cause to believe is under 18 years of age.
| ||||||||||||||||||||||||||
15 | (b) Transfers or possesses with intent to transfer | ||||||||||||||||||||||||||
16 | Sells or gives any firearm to a person under 21 years of | ||||||||||||||||||||||||||
17 | age who has
been convicted of a misdemeanor other than a | ||||||||||||||||||||||||||
18 | traffic offense or adjudged
delinquent.
| ||||||||||||||||||||||||||
19 | (b-5) Transfers or possesses with intent to transfer | ||||||||||||||||||||||||||
20 | any firearm to a
person he or she has reasonable cause to | ||||||||||||||||||||||||||
21 | believe is under 18 years of age.
| ||||||||||||||||||||||||||
22 | (c) Transfers or possesses with intent to transfer | ||||||||||||||||||||||||||
23 | Sells or gives any firearm to any person he or she has |
| |||||||
| |||||||
1 | reasonable cause to believe is a narcotic addict.
| ||||||
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
| ||||||
5 | felony under the laws of this or any other jurisdiction.
| ||||||
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
| ||||||
9 | mental hospital within the past 5 years.
| ||||||
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.
| ||||||
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
| ||||||
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 |
| |||||||
| |||||||
1 | firearm to a person who desires to purchase a firearm for
| ||||||
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
| ||||||
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.
| ||||||
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
| ||||||
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)
| ||||||
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 |
| |||||||
| |||||||
1 | assembled.
| ||||||
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.
| ||||||
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.
| ||||||
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 |
| |||||||
| |||||||
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):
| ||||||
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
| ||||||
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.
| ||||||
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.
| ||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
1 | if that firearm was legally held or acquired within 6 months | ||||||
2 | after
the enactment of that Public Act.
| ||||||
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.
| ||||||
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
| ||||||
25 | felony. A person convicted of a violation of subsection | ||||||
26 | (i-5) of subsection (A) of this Section commits a Class A |
| |||||||
| |||||||
1 | misdemeanor for a first offense and a Class 4 felony for a | ||||||
2 | second or subsequent offense.
| ||||||
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.
| ||||||
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.
| ||||||
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
| ||||||
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,
| ||||||
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
| ||||||
25 | conveyance owned, leased, or contracted by a school or | ||||||
26 | school district to
transport students to or from school or |
| |||||||
| |||||||
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.
| ||||||
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
| ||||||
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.
| ||||||
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
| ||||||
25 | subsequent violation is a Class 4 felony. | ||||||
26 | (7) Any person convicted of unlawful transfer sale or |
| |||||||
| |||||||
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.
| ||||||
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
| ||||||
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 |
| |||||||
| |||||||
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
| ||||||
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) |
| |||||||
| |||||||
1 | commits a Class 2 felony. | ||||||
2 | (D) For purposes of this Section:
| ||||||
3 | "School" means a public or private elementary or secondary | ||||||
4 | school,
community college, college, or university.
| ||||||
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.
| ||||||
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.
| ||||||
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.)
| ||||||
18 | (720 ILCS 5/24-3.1A new)
| ||||||
19 | Sec. 24-3.1A. Unlawful acquisition of handguns.
| ||||||
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.
| ||||||
24 | (b) Acquisitions in excess of one handgun within a 30-day | ||||||
25 | period may be
made upon
completion of an enhanced background |
| |||||||
| |||||||
1 | check, as described in this Section, by
special
application to | ||||||
2 | the Department of State Police listing the number and type of
| ||||||
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.
| ||||||
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
| ||||||
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
| ||||||
23 | provided in Section 24-4.
Upon request of any local
law | ||||||
24 | enforcement agency, and under its rules, the Department of
| ||||||
25 | State
Police may certify the local law enforcement agency to | ||||||
26 | serve as its agent to
receive
applications and, upon |
| |||||||
| |||||||
1 | authorization by the Department of State Police, issue
| ||||||
2 | certificates forthwith under this Section. Applications and
| ||||||
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.
| ||||||
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
|
| |||||||
| |||||||
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.
|