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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Criminal Code of 2012 is amended by changing | ||||||||||||||||||||||||||
5 | Section
24-3 and adding Section 24-3.1A
as follows:
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6 | (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
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7 | Sec. 24-3. Unlawful transfer sale or delivery of firearms.
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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.
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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 |
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| |||||||
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 institution within the past 5 years. In this | ||||||
10 | subsection (e): | ||||||
11 | "Mental institution" means any hospital, | ||||||
12 | institution, clinic, evaluation facility, mental | ||||||
13 | health center, or part thereof, which is used primarily | ||||||
14 | for the care or treatment of persons with mental | ||||||
15 | illness. | ||||||
16 | "Patient in a mental institution" means the person | ||||||
17 | was admitted, either voluntarily or involuntarily, to | ||||||
18 | a mental institution for mental health treatment, | ||||||
19 | unless the treatment was voluntary and solely for an | ||||||
20 | alcohol abuse disorder and no other secondary | ||||||
21 | substance abuse disorder or mental illness.
| ||||||
22 | (f) Transfers or possesses with intent to transfer | ||||||
23 | Sells or gives any firearms to any person he or she knows | ||||||
24 | or has
reasonable cause to believe who is a person with an | ||||||
25 | intellectual disability.
| ||||||
26 | (g) Knowingly transfers Delivers any firearm of a size |
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| |||||||
1 | which may be concealed upon the
person, incidental to a | ||||||
2 | sale, without withholding delivery of such firearm
for at | ||||||
3 | least 72 hours after application for its purchase has been | ||||||
4 | made, or
delivers any rifle, shotgun or other long gun, or | ||||||
5 | a stun gun or taser, incidental to a sale,
without | ||||||
6 | withholding delivery of such rifle, shotgun or other long | ||||||
7 | gun, or a stun gun or taser for
at least 24 hours after | ||||||
8 | application for its purchase has been made.
However,
this | ||||||
9 | paragraph (g) does not apply to: (1) the sale of a firearm
| ||||||
10 | to a law enforcement officer if the seller of the firearm | ||||||
11 | knows that the person to whom he or she is selling the | ||||||
12 | firearm is a law enforcement officer or the sale of a | ||||||
13 | firearm to a person who desires to purchase a firearm for
| ||||||
14 | use in promoting the public interest incident to his or her | ||||||
15 | employment as a
bank guard, armed truck guard, or other | ||||||
16 | similar employment; (2) a mail
order sale of a firearm from | ||||||
17 | a federally licensed firearms dealer to a nonresident of | ||||||
18 | Illinois under which the firearm
is mailed to a federally | ||||||
19 | licensed firearms dealer outside the boundaries of | ||||||
20 | Illinois; (3) the sale
of a firearm to a nonresident of | ||||||
21 | Illinois while at a firearm showing or display
recognized | ||||||
22 | by the Illinois Department of State Police; (4) the sale of | ||||||
23 | a
firearm to a dealer licensed as a federal firearms dealer | ||||||
24 | under Section 923
of the federal Gun Control Act of 1968 | ||||||
25 | (18 U.S.C. 923); or (5) the transfer or sale of any rifle, | ||||||
26 | shotgun, or other long gun to a resident registered |
| |||||||
| |||||||
1 | competitor or attendee or non-resident registered | ||||||
2 | competitor or attendee by any dealer licensed as a federal | ||||||
3 | firearms dealer under Section 923 of the federal Gun | ||||||
4 | Control Act of 1968 at competitive shooting events held at | ||||||
5 | the World Shooting Complex sanctioned by a national | ||||||
6 | governing body. For purposes of transfers or sales under | ||||||
7 | subparagraph (5) of this paragraph (g), the Department of | ||||||
8 | Natural Resources shall give notice to the Department of | ||||||
9 | State Police at least 30 calendar days prior to any | ||||||
10 | competitive shooting events at the World Shooting Complex | ||||||
11 | sanctioned by a national governing body. The notification | ||||||
12 | shall be made on a form prescribed by the Department of | ||||||
13 | State Police. The sanctioning body shall provide a list of | ||||||
14 | all registered competitors and attendees at least 24 hours | ||||||
15 | before the events to the Department of State Police. Any | ||||||
16 | changes to the list of registered competitors and attendees | ||||||
17 | shall be forwarded to the Department of State Police as | ||||||
18 | soon as practicable. The Department of State Police must | ||||||
19 | destroy the list of registered competitors and attendees no | ||||||
20 | later than 30 days after the date of the event. Nothing in | ||||||
21 | this paragraph (g) relieves a federally licensed firearm | ||||||
22 | dealer from the requirements of conducting a NICS | ||||||
23 | background check through the Illinois Point of Contact | ||||||
24 | under 18 U.S.C. 922(t). For purposes of this paragraph (g), | ||||||
25 | "application" means when the buyer and seller reach an | ||||||
26 | agreement to purchase a firearm.
For purposes of this |
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| |||||||
1 | paragraph (g), "national governing body" means a group of | ||||||
2 | persons who adopt rules and formulate policy on behalf of a | ||||||
3 | national firearm sporting organization.
| ||||||
4 | (h) While holding any license
as a dealer,
importer, | ||||||
5 | manufacturer or pawnbroker
under the federal Gun Control | ||||||
6 | Act of 1968, knowingly
manufactures, sells or delivers to | ||||||
7 | any unlicensed person a handgun having
a barrel, slide, | ||||||
8 | frame or receiver which is a die casting of zinc alloy or
| ||||||
9 | any other nonhomogeneous metal which will melt or deform at | ||||||
10 | a temperature
of less than 800 degrees Fahrenheit. For | ||||||
11 | purposes of this paragraph, (1)
"firearm" is defined as in | ||||||
12 | the Firearm Owners Identification Card Act; and (2)
| ||||||
13 | "handgun" is defined as a firearm designed to be held
and | ||||||
14 | fired by the use of a single hand, and includes a | ||||||
15 | combination of parts from
which such a firearm can be | ||||||
16 | assembled.
| ||||||
17 | (i) Transfers or possesses with intent to transfer | ||||||
18 | Sells or gives a firearm of any size to any person he or | ||||||
19 | she knows or has reasonable cause
to believe is under 18 | ||||||
20 | years of
age who does not possess a valid Firearm Owner's | ||||||
21 | Identification Card.
| ||||||
22 | (i-5) While holding a license under the Federal Gun | ||||||
23 | Control Act of 1968,
transfers or possesses with intent to | ||||||
24 | transfer more than one handgun
to any person within any | ||||||
25 | 30-day period or transfers or possesses with intent to
| ||||||
26 | transfer a handgun
to any person he or she knows or has |
| |||||||
| |||||||
1 | reasonable cause to
believe has received a handgun within | ||||||
2 | the previous 30 days
unless the receipt of multiple | ||||||
3 | handguns is exempted under subsection (c) or
(d) of Section | ||||||
4 | 24-3.1A. It is an affirmative defense to a violation of | ||||||
5 | this
subsection that the transferor in good faith relied on | ||||||
6 | the records of the
Department of State Police in concluding | ||||||
7 | that the transferor had not
transferred a
handgun within | ||||||
8 | the previous 30 days or that multiple purchases were | ||||||
9 | authorized
by subsection (b) of Section 24-3.1A, or relied | ||||||
10 | in good faith on the records of
a local law enforcement | ||||||
11 | agency that the transfer was authorized by subsection
(c)
| ||||||
12 | of Section 24-3.1A. | ||||||
13 | (j) Transfers or possesses with intent to transfer | ||||||
14 | Sells or gives a firearm while engaged in the business of | ||||||
15 | selling
firearms at wholesale or retail without being | ||||||
16 | licensed as a federal firearms
dealer under Section 923 of | ||||||
17 | the federal Gun Control Act of 1968 (18 U.S.C.
923). In | ||||||
18 | this paragraph (j):
| ||||||
19 | A person "engaged in the business" means a person who | ||||||
20 | devotes time,
attention, and
labor to
engaging in the | ||||||
21 | activity as a regular course of trade or business with the
| ||||||
22 | principal objective of livelihood and profit, but does not | ||||||
23 | include a person who
makes occasional repairs of firearms | ||||||
24 | or who occasionally fits special barrels,
stocks, or | ||||||
25 | trigger mechanisms to firearms.
| ||||||
26 | "With the principal objective of livelihood and |
| |||||||
| |||||||
1 | profit" means that the
intent
underlying the sale or | ||||||
2 | disposition of firearms is predominantly one of
obtaining | ||||||
3 | livelihood and pecuniary gain, as opposed to other intents, | ||||||
4 | such as
improving or liquidating a personal firearms | ||||||
5 | collection; however, proof of
profit shall not be required | ||||||
6 | as to a person who engages in the regular and
repetitive | ||||||
7 | purchase and disposition of firearms for criminal purposes | ||||||
8 | or
terrorism.
| ||||||
9 | (k) Transfers Sells or transfers ownership of a firearm | ||||||
10 | to a person who does not display to the seller or | ||||||
11 | transferor of the firearm either: (1) a currently valid | ||||||
12 | Firearm Owner's Identification Card that has previously | ||||||
13 | been issued in the transferee's name by the Department of | ||||||
14 | State Police under the provisions of the Firearm Owners | ||||||
15 | Identification Card Act; or (2) a currently valid license | ||||||
16 | to carry a concealed firearm that has previously been | ||||||
17 | issued in the transferee's name by the
Department of State | ||||||
18 | Police under the Firearm Concealed Carry Act. This | ||||||
19 | paragraph (k) does not apply to the transfer of a firearm | ||||||
20 | to a person who is exempt from the requirement of | ||||||
21 | possessing a Firearm Owner's Identification Card under | ||||||
22 | Section 2 of the Firearm Owners Identification Card Act. | ||||||
23 | For the purposes of this Section, a currently valid Firearm | ||||||
24 | Owner's Identification Card means (i) a Firearm Owner's | ||||||
25 | Identification Card that has not expired or (ii) an | ||||||
26 | approval number issued in accordance with subsection |
| |||||||
| |||||||
1 | (a-10) of subsection 3 or Section 3.1 of the Firearm Owners | ||||||
2 | Identification Card Act shall be proof that the Firearm | ||||||
3 | Owner's Identification Card was valid. | ||||||
4 | (1) In addition to the other requirements of this | ||||||
5 | paragraph (k), all persons who are not federally | ||||||
6 | licensed firearms dealers must also have complied with | ||||||
7 | subsection (a-10) of Section 3 of the Firearm Owners | ||||||
8 | Identification Card Act by determining the validity of | ||||||
9 | a purchaser's Firearm Owner's Identification Card. | ||||||
10 | (2) All sellers or transferors who have complied | ||||||
11 | with the requirements of subparagraph (1) of this | ||||||
12 | paragraph (k) shall not be liable for damages in any | ||||||
13 | civil action arising from the use or misuse by the | ||||||
14 | transferee of the firearm transferred, except for | ||||||
15 | willful or wanton misconduct on the part of the seller | ||||||
16 | or transferor. | ||||||
17 | (l) Not
being entitled to the possession of a firearm, | ||||||
18 | delivers the
firearm, knowing it to have been stolen or | ||||||
19 | converted. It may be inferred that
a person who possesses a | ||||||
20 | firearm with knowledge that its serial number has
been | ||||||
21 | removed or altered has knowledge that the firearm is stolen | ||||||
22 | or converted. | ||||||
23 | (B) Paragraph (h) of subsection (A) does not include | ||||||
24 | firearms sold within 6
months after enactment of Public
Act | ||||||
25 | 78-355 (approved August 21, 1973, effective October 1, 1973), | ||||||
26 | nor is any
firearm legally owned or
possessed by any citizen or |
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| |||||||
1 | purchased by any citizen within 6 months after the
enactment of | ||||||
2 | Public Act 78-355 subject
to confiscation or seizure under the | ||||||
3 | provisions of that Public Act. Nothing in
Public Act 78-355 | ||||||
4 | shall be construed to prohibit the gift or trade of
any firearm | ||||||
5 | if that firearm was legally held or acquired within 6 months | ||||||
6 | after
the enactment of that Public Act.
| ||||||
7 | (B-5) As used in this Section, "transfer" means the actual | ||||||
8 | or attempted
transfer of a firearm or firearm
ammunition, with | ||||||
9 | or without consideration, but does not include the lease of a
| ||||||
10 | firearm, or the provision of ammunition specifically for that | ||||||
11 | firearm, if the
firearm and the ammunition are to be used on | ||||||
12 | the lessor's premises, and does
not include any transfer of | ||||||
13 | possession when the transferor maintains
supervision and | ||||||
14 | control over the firearm or ammunition. | ||||||
15 | (B-10) It is an affirmative defense to a violation of
| ||||||
16 | paragraph (i-5) of subsection (A) that the transfer or
| ||||||
17 | possession with intent to transfer of a firearm
was
to a | ||||||
18 | transferee who received
the
firearm as an heir, legatee, or | ||||||
19 | beneficiary of or in a similar capacity to a
deceased
person | ||||||
20 | who had owned the firearm. Nothing in this paragraph (B-10) | ||||||
21 | makes
lawful any transfer or possession with intent to transfer | ||||||
22 | of a firearm, or any
other
possession or use of a firearm, in | ||||||
23 | violation of any law, other than paragraph
(i-5) of subsection | ||||||
24 | (A), or in violation of any municipal or county
ordinance. | ||||||
25 | (C) Sentence.
| ||||||
26 | (1) Any person convicted of unlawful sale or delivery |
| |||||||
| |||||||
1 | of firearms in violation of
paragraph (c), (e), (f), (g), | ||||||
2 | or (h) of subsection (A) commits a Class
4
felony. A person | ||||||
3 | convicted of a violation of subsection (i-5) of subsection | ||||||
4 | (A) of
this Section commits
a Class A misdemeanor for a | ||||||
5 | first offense and a Class 4 felony for a second or
| ||||||
6 | subsequent offense.
| ||||||
7 | (2) Any person convicted of unlawful transfer sale or | ||||||
8 | delivery of firearms in violation of
paragraph (b) , (b-5), | ||||||
9 | or (i) of subsection (A) commits a Class 3 felony.
| ||||||
10 | (3) Any person convicted of unlawful transfer sale or | ||||||
11 | delivery of firearms in violation of
paragraph (a) of | ||||||
12 | subsection (A) commits a Class 2 felony.
| ||||||
13 | (4) Any person convicted of unlawful transfer sale or | ||||||
14 | delivery of firearms in violation of
paragraph (a), (b), | ||||||
15 | (b-5), or (i) of subsection (A) in any school, on the real
| ||||||
16 | property comprising a school, within 1,000 feet of the real | ||||||
17 | property comprising
a school, at a school related activity, | ||||||
18 | or on or within 1,000 feet of any
conveyance owned, leased, | ||||||
19 | or contracted by a school or school district to
transport | ||||||
20 | students to or from school or a school related activity,
| ||||||
21 | regardless of the time of day or time of year at which the | ||||||
22 | offense
was committed, commits a Class 1 felony. Any person | ||||||
23 | convicted of a second
or subsequent violation of unlawful | ||||||
24 | transfer sale or delivery of firearms in violation of | ||||||
25 | paragraph
(a), (b), (b-5), or (i) of subsection (A) in any | ||||||
26 | school, on the real property
comprising a school, within |
| |||||||
| |||||||
1 | 1,000 feet of the real property comprising a
school, at a | ||||||
2 | school related activity, or on or within 1,000 feet of any
| ||||||
3 | conveyance owned, leased, or contracted by a school or | ||||||
4 | school district to
transport students to or from school or | ||||||
5 | a school related activity,
regardless of the time of day or | ||||||
6 | time of year at which the offense
was committed, commits a | ||||||
7 | Class 1 felony for which the sentence shall be a
term of | ||||||
8 | imprisonment of no less than 5 years and no more than 15 | ||||||
9 | years.
| ||||||
10 | (5) Any person convicted of unlawful transfer sale or | ||||||
11 | delivery of firearms in violation of
paragraph (a) or (i) | ||||||
12 | of subsection (A) in residential property owned,
operated, | ||||||
13 | or managed by a public housing agency or leased by a public | ||||||
14 | housing
agency as part of a scattered site or mixed-income | ||||||
15 | development, in a public
park, in a
courthouse, on | ||||||
16 | residential property owned, operated, or managed by a | ||||||
17 | public
housing agency or leased by a public housing agency | ||||||
18 | as part of a scattered site
or mixed-income development, on | ||||||
19 | the real property comprising any public park,
on the real
| ||||||
20 | property comprising any courthouse, or on any public way | ||||||
21 | within 1,000 feet
of the real property comprising any | ||||||
22 | public park, courthouse, or residential
property owned, | ||||||
23 | operated, or managed by a public housing agency or leased | ||||||
24 | by a
public housing agency as part of a scattered site or | ||||||
25 | mixed-income development
commits a
Class 2 felony.
| ||||||
26 | (6) Any person convicted of unlawful transfer sale or |
| |||||||
| |||||||
1 | delivery of firearms in violation of
paragraph (j) of | ||||||
2 | subsection (A) commits a Class A misdemeanor. A second or
| ||||||
3 | subsequent violation is a Class 4 felony. | ||||||
4 | (7) Any person convicted of unlawful transfer sale or | ||||||
5 | delivery of firearms in violation of paragraph (k) of | ||||||
6 | subsection (A) commits a Class 4 felony, except that a | ||||||
7 | violation of subparagraph (1) of paragraph (k) of | ||||||
8 | subsection (A) shall not be punishable as a crime or petty | ||||||
9 | offense. A third or subsequent conviction for a violation | ||||||
10 | of paragraph (k) of subsection (A) is a Class 1 felony.
| ||||||
11 | (8) A person 18 years of age or older convicted of | ||||||
12 | unlawful transfer sale or delivery of firearms in violation | ||||||
13 | of paragraph (a) or (i) of subsection (A), when the firearm | ||||||
14 | that was sold or given to another person under 18 years of | ||||||
15 | age was used in the commission of or attempt to commit a | ||||||
16 | forcible felony, shall be fined or imprisoned, or both, not | ||||||
17 | to exceed the maximum provided for the most serious | ||||||
18 | forcible felony so committed or attempted by the person | ||||||
19 | under 18 years of age who was sold or given the firearm. | ||||||
20 | (9) Any person convicted of unlawful transfer sale or | ||||||
21 | delivery of firearms in violation of
paragraph (d) of | ||||||
22 | subsection (A) commits a Class 3 felony. | ||||||
23 | (10) Any person convicted of unlawful transfer sale or | ||||||
24 | delivery of firearms in violation of paragraph (l) of | ||||||
25 | subsection (A) commits a Class 2 felony if the delivery is | ||||||
26 | of one firearm. Any person convicted of unlawful sale or |
| |||||||
| |||||||
1 | delivery of firearms in violation of paragraph (l) of | ||||||
2 | subsection (A) commits a Class 1 felony if the delivery is | ||||||
3 | of not less than 2 and not more than 5 firearms at the
same | ||||||
4 | time or within a one year period. Any person convicted of | ||||||
5 | unlawful transfer sale or delivery of firearms in violation | ||||||
6 | of paragraph (l) of subsection (A) commits a Class X felony | ||||||
7 | for which he or she shall be sentenced
to a term of | ||||||
8 | imprisonment of not less than 6 years and not more than 30
| ||||||
9 | years if the delivery is of not less than 6 and not more | ||||||
10 | than 10 firearms at the
same time or within a 2 year | ||||||
11 | period. Any person convicted of unlawful transfer sale or | ||||||
12 | delivery of firearms in violation of paragraph (l) of | ||||||
13 | subsection (A) commits a Class X felony for which he or she | ||||||
14 | shall be sentenced
to a term of imprisonment of not less | ||||||
15 | than 6 years and not more than 40
years if the delivery is | ||||||
16 | of not less than 11 and not more than 20 firearms at the
| ||||||
17 | same time or within a 3 year period. Any person convicted | ||||||
18 | of unlawful transfer sale or delivery of firearms in | ||||||
19 | violation of paragraph (l) of subsection (A) commits a | ||||||
20 | Class X felony for which he or she shall be sentenced
to a | ||||||
21 | term of imprisonment of not less than 6 years and not more | ||||||
22 | than 50
years if the delivery is of not less than 21 and | ||||||
23 | not more than 30 firearms at the
same time or within a 4 | ||||||
24 | year period. Any person convicted of unlawful transfer sale | ||||||
25 | or delivery of firearms in violation of paragraph (l) of | ||||||
26 | subsection (A) commits a Class X felony for which he or she |
| |||||||
| |||||||
1 | shall be sentenced
to a term of imprisonment of not less | ||||||
2 | than 6 years and not more than 60
years if the delivery is | ||||||
3 | of 31 or more firearms at the
same time or within a 5 year | ||||||
4 | period. | ||||||
5 | (D) For purposes of this Section:
| ||||||
6 | "School" means a public or private elementary or secondary | ||||||
7 | school,
community college, college, or university.
| ||||||
8 | "School related activity" means any sporting, social, | ||||||
9 | academic, or
other activity for which students' attendance or | ||||||
10 | participation is sponsored,
organized, or funded in whole or in | ||||||
11 | part by a school or school district.
| ||||||
12 | (E) A prosecution for a violation of paragraph (k) of | ||||||
13 | subsection (A) of this Section may be commenced within 6 years | ||||||
14 | after the commission of the offense. A prosecution for a | ||||||
15 | violation of this Section other than paragraph (g) of | ||||||
16 | subsection (A) of this Section may be commenced within 5 years | ||||||
17 | after the commission of the offense defined in the particular | ||||||
18 | paragraph.
| ||||||
19 | (Source: P.A. 98-508, eff. 8-19-13; 99-29, eff. 7-10-15; | ||||||
20 | 99-143, eff. 7-27-15; revised 10-16-15.)
| ||||||
21 | (720 ILCS 5/24-3.1A new)
| ||||||
22 | Sec. 24-3.1A. Unlawful acquisition of handguns.
| ||||||
23 | (a) Except as exempted in subsections (b) and (c), it is | ||||||
24 | unlawful for
any person other than a person holding a license | ||||||
25 | under the Federal Gun Control
Act of 1968, as amended, to |
| |||||||
| |||||||
1 | acquire more than one handgun within any 30-day
period.
| ||||||
2 | (b) Acquisitions in excess of one handgun within a 30-day | ||||||
3 | period may be
made upon
completion of an enhanced background | ||||||
4 | check, as described in this Section, by
special
application to | ||||||
5 | the Department of State Police listing the number and type of
| ||||||
6 | handguns
to be acquired and transferred for lawful business or | ||||||
7 | personal use, in a
collector
series, for collections, as a bulk | ||||||
8 | purchase from estate sales, and for similar
purposes.
The | ||||||
9 | application must be signed under oath by the applicant on forms | ||||||
10 | provided
by the
Department of State Police, must state the | ||||||
11 | purpose for the acquisition above
the
limit,
and must require | ||||||
12 | satisfactory proof of residency and identity. The
application | ||||||
13 | is
in addition to the firearms transfer report required by the | ||||||
14 | Bureau of Alcohol,
Tobacco, Firearms and Explosives (ATF).
| ||||||
15 | Upon being satisfied that these requirements have been met, | ||||||
16 | the Department of
State
Police must forthwith issue to the | ||||||
17 | applicant a nontransferable certificate
that is
valid for 7 | ||||||
18 | days from the date of issue. The certificate must be
| ||||||
19 | surrendered to
the transferor by the prospective transferee | ||||||
20 | before the consummation of the
transfer
and
must be kept on | ||||||
21 | file at the transferor's place of business for inspection as
| ||||||
22 | provided in Section 24-4.
Upon request of any local
law | ||||||
23 | enforcement agency, the Department of
State
Police may certify | ||||||
24 | the local law enforcement agency to serve as its agent to
| ||||||
25 | receive
applications and, upon authorization by the Department | ||||||
26 | of State Police, issue
certificates forthwith under this |
| |||||||
| |||||||
1 | Section. Applications and
certificates issued
under this | ||||||
2 | Section must be maintained as records by the Department of | ||||||
3 | State
Police, and made available to local
law enforcement | ||||||
4 | agencies.
| ||||||
5 | (c) This Section does not apply to:
| ||||||
6 | (1) A law enforcement agency;
| ||||||
7 | (2) State and local correctional agencies and | ||||||
8 | departments;
| ||||||
9 | (3) The acquisition of antique firearms as defined by | ||||||
10 | paragraph (4) of
Section
1.1 of the Firearm Owners | ||||||
11 | Identification Card Act; or
| ||||||
12 | (4) A person whose handgun is stolen or irretrievably | ||||||
13 | lost who deems it
essential that
the handgun be replaced | ||||||
14 | immediately. The person may acquire another handgun,
even | ||||||
15 | if the person has previously acquired a handgun within a | ||||||
16 | 30-day
period, if:
(i) the person provides the firearms | ||||||
17 | transferor with a copy of the
official police
report or a | ||||||
18 | summary of the official police report, on forms provided by | ||||||
19 | the
Department of State
Police,
from the law enforcement | ||||||
20 | agency that took the report of the lost or stolen
handgun;
| ||||||
21 | (ii) the official police report or summary of the official | ||||||
22 | police report
contains the name and
address of the
handgun | ||||||
23 | owner, the description
and serial number
of the handgun, | ||||||
24 | the location of the loss or
theft, the
date of the loss or | ||||||
25 | theft, and the date the loss or theft was reported to the
| ||||||
26 | law enforcement agency; and (iii) the date of the loss or |
| |||||||
| |||||||
1 | theft as reflected on
the
official police report or summary | ||||||
2 | of the official police report occurred within
30 days of | ||||||
3 | the
person's
attempt to replace the handgun. The firearms | ||||||
4 | transferor must attach a copy of
the
official police report | ||||||
5 | or summary of the official police report to the original
| ||||||
6 | copy of the form
provided by the Department of State Police | ||||||
7 | completed for the transaction,
retain it for the period
| ||||||
8 | prescribed
by the Department of State Police, and forward a | ||||||
9 | copy of the documents to the
Department of State Police. | ||||||
10 | The documents must be maintained by the
Department of State | ||||||
11 | Police and made available to local law enforcement
| ||||||
12 | agencies.
| ||||||
13 | (d) For the purposes of this Section, "acquisition" does | ||||||
14 | not include the
exchange or
replacement of a handgun by a | ||||||
15 | transferor for a handgun transferred from the
transferor
by the
| ||||||
16 | same person seeking the exchange or replacement within the | ||||||
17 | 30-day period
immediately preceding the date of exchange or | ||||||
18 | replacement.
| ||||||
19 | (e) The exemptions set forth in subsections (b) and (c) are
| ||||||
20 | affirmative defenses to a violation of subsection (a).
| ||||||
21 | (f) A violation of this Section is a Class A misdemeanor | ||||||
22 | for a first offense
and a Class 4 felony for a second or | ||||||
23 | subsequent offense. | ||||||
24 | (g) Notwithstanding any other rulemaking authority that | ||||||
25 | may exist, neither the Governor nor any agency or agency head | ||||||
26 | under the jurisdiction of the Governor has any authority to |
| |||||||
| |||||||
1 | make or adopt rules to implement or enforce the provisions of | ||||||
2 | this amendatory Act of the 99th General Assembly. If, however, | ||||||
3 | the Governor believes that rules are necessary to implement or | ||||||
4 | enforce the provisions of this amendatory Act of the 99th | ||||||
5 | General Assembly, the Governor may suggest rules to the General | ||||||
6 | Assembly by filing them with the Clerk of the House and the | ||||||
7 | Secretary of the Senate and by requesting that the General | ||||||
8 | Assembly authorize the rulemaking by law, enact those suggested | ||||||
9 | rules into law, or take any other appropriate action in the | ||||||
10 | General Assembly's discretion. Nothing contained in this | ||||||
11 | amendatory Act of the 99th General Assembly shall be | ||||||
12 | interpreted to grant rulemaking authority under any other | ||||||
13 | Illinois statute if the authority is not otherwise explicitly | ||||||
14 | given. For the purposes of this subsection, "rules" is given | ||||||
15 | the meaning contained in Section 1-70 of the Illinois | ||||||
16 | Administrative Procedure Act, and "agency" and "agency head" | ||||||
17 | are given the meanings contained in Sections 1-20 and 1-25 of | ||||||
18 | the Illinois Administrative Procedure Act to the extent that | ||||||
19 | those definitions apply to agencies or agency heads under the | ||||||
20 | jurisdiction of the Governor.
|