SB1933 99TH GENERAL ASSEMBLY

LRB099 08899 RLC 29072 b

99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB1933

Introduced 2/20/2015, by Sen. Ira I. Silverstein

SYNOPSIS AS INTRODUCED:

720 ILCS 5/24-1.9 new

Amends the Criminal Code of 2012. Defines "antique handgun" and "personalized handgun". Provides that a personalized handgun is a handgun which incorporates within its design, and as part of its original manufacture, technology which automatically limits its operational use and which cannot be readily deactivated, so that it may only be fired by an authorized or recognized user. Requires the Director of State Police to report to the Governor and General Assembly on the availability of personalized handguns for retail sales purposes. Provides that the Director of State Police shall publish a list of personalized handguns that may be sold in the State. Provides that this list shall identify those handguns by manufacturer, model, and caliber. Provides that on and after the first day of the 6 month following the preparation and delivery of the list of personalized handguns which may be sold in the State, no person federally licensed as a manufacturer of firearms or retail dealer of firearms or any agent or employee of a wholesale or retail dealer of firearms shall transport into the State, sell, expose for sale, possess with the intent of selling, assign, or otherwise transfer any handgun unless it is a personalized handgun or an antique handgun. Provides that a violation is a Class 4 felony. Provides exemptions.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning criminal law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Criminal Code of 2012 is amended by adding Section 24-1.9 as follows:

(720 ILCS 5/24-1.9 new)

Sec. 24-1.9. Personalized handgun.

(a) As used in this Section:

"Antique handgun" has the meaning ascribed to it in Section 921 of the federal Gun Control Act of 1968.

"Handgun" has the meaning ascribed to it in Section 5 of the Firearm Concealed Carry Act.

"Personalized handgun" means a handgun which incorporates within its design, and as part of its original manufacture, technology which automatically limits its operational use and which cannot be readily deactivated, so that it may only be fired by an authorized or recognized user. The technology limiting the handgun's operational use may include, but not be limited to: radio frequency tagging, touch memory, remote control, fingerprint, magnetic encoding, and other automatic user identification systems utilizing biometric, mechanical, or electronic systems. No make or model of a handgun shall be deemed to be a "personalized handgun" unless the Director of State Police has determined, through testing or other reasonable means, that the handgun meets any reliability standards that the manufacturer may require for its commercially available handguns that are not personalized or, if the manufacturer has no reliability standards, the handgun meets the reliability standards generally used in the industry for commercially available handguns.

(b) On or before 180 days after the effective date of this amendatory Act of the 99th General Assembly, the Director of State Police shall report to the Governor and the General Assembly as to the availability of personalized handguns for retail sales purposes. If the Director of State Police determines that personalized handguns are not available for retail sales purposes, the Director of State Police, every 6 months thereafter, shall report to the Governor and the General Assembly as to the availability of personalized handguns for retail sales purposes until the time as the Director of State Police shall deem that personalized handguns are available for retail sales purposes and so report to the Governor and the General Assembly. In making this determination, the Director of State Police may consult with any other neutral and detached public or private entity that may have useful information and expertise to assist in determining whether, through performance and other relevant indicators, a handgun meets the statutory definition of a personalized handgun under this Section.

(c) For the purposes of this Section, personalized handguns shall be deemed to be available for retail sales purposes if at least one manufacturer has delivered at least one production model of a personalized handgun to a registered or licensed wholesale or retail dealer in this State or any other state. As used in this subsection, the term "production model" means a handgun which is the product of a regular manufacturing process that produces multiple copies of the same handgun model, and shall not include a prototype or other unique specimen that is offered for sale.

(d) On the first day of the 24th month following the date on which the Director of State Police reports that personalized handguns are available for retail sales purposes under subsection (b) of this Section, the Director of State Police shall publish a list of personalized handguns that may be sold in this State. This list shall identify those handguns by manufacturer, model, and caliber.

(e) The list required under subsection (d) of this Section shall be prepared within 6 months after the Director of State Police's report is made to federally licensed firearms dealers in this State. Whenever a handgun is determined to meet the statutory definition of a personalized handgun under this Section, the Director of State Police shall report that determination in writing to the Governor and the General Assembly within 60 days. The Director shall promptly amend and supplement the list to include handguns which meet the statutory definition of a personalized handgun under this Section or to remove previously listed handguns, if appropriate. Federally licensed retail firearms dealers in this State shall be notified forthwith of any changes in the list. The notice shall be given in a manner prescribed by rule. The Director of State Police shall adopt rules establishing a process for handgun manufacturers to demonstrate that their handguns meet the statutory definition of a personalized handgun under this Section and request that their handgun be added to this list. These rules may require that the handgun manufacturer:

(1) deliver a handgun or handguns to the Director of State Police or his designee for testing;

(2) pay a reasonable application fee; and

(3) pay any reasonable costs incurred in, or associated with, the testing and independent scientific analysis of the handgun, including any analysis of the technology the manufacturer has incorporated within the handgun's design to limit its operational use, that is conducted to determine whether the handgun meets the statutory definition of a personalized handgun under this Section.

(f) On and after the first day of the 6 month following the preparation and delivery of the list of personalized handguns which may be sold in this State under subsection (d) of this Section, no person federally licensed as a manufacturer of firearms or retail dealer of firearms or any agent or employee of a wholesale or retail dealer of firearms shall transport into this State, sell, expose for sale, possess with the intent of selling, assign, or otherwise transfer any handgun unless it is a personalized handgun or an antique handgun.

(g) This Section does not apply to handguns to be sold, transferred, assigned, and delivered for official use to:

(1) State and local law enforcement officers of this State;

(2) federal law enforcement officers and any other federal officers and employees required to carry firearms in the performance of their official duties; and

(3) members of the Armed Forces of the United States or of the National Guard.

(h) This Section does not apply to handguns to be sold, transferred, assigned, and delivered solely for use in competitive shooting matches sanctioned by the Civilian Marksmanship Program, the International Olympic Committee or USA Shooting. The Director of State Police may adopt rules governing the scope and application of the exemption afforded under this Section. The Director of State Police, by rule, may require, at a minimum, that a person acquiring a handgun under this Section submit valid proof of participation in these sanctioned shooting matches.

(i) No later than 30 days after the preparation and delivery of the list of personalized handguns which may be sold in the State under subsection (d), there shall be established a 5 member commission in the Department of State Police that shall meet at least once a year to determine whether personalized handguns qualify for use by State and local law enforcement officers. The Governor shall appoint the following 4 members of the commission:

(1) a county sheriff;

(2) a State's Attorney;

(3) a municipal law enforcement officer; and

(4) an experienced firearms instructor qualified to teach a firearms training course approved by the Illinois Law Enforcement Training Standards Board.

The fifth member of the commission shall be the Director of State Police. The commission shall issue a report to the Director of State Police upon its determination that personalized handguns qualify for use by State and local law enforcement officers. In making this determination, the commission shall consider any advantages and disadvantages to using these weapons in the performance of the official duties of law enforcement officers and shall give due regard to the safety of law enforcement officers and others. The commission shall cease operation thereafter. The Director of State Police shall be authorized to adopt rules that apply the provisions of this Section to handguns to be sold, transferred, assigned, and delivered for official use to State and local law enforcement officers upon a determination by the commission that personalized handguns qualify for use by State and local law enforcement officers.

(j) The Director of State Police under the Illinois Administrative Procedure Act shall adopt rules to effectuate the purposes of this Section.

(k) Sentence. A person who knowingly violates the provisions of this Section is guilty of a Class 4 felony.