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91_SB1614
LRB9112807RCpk
1 AN ACT to amend the Criminal Code of 1961 by adding
2 Section 24-3.6.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Criminal Code of 1961 is amended by
6 adding Section 24-3.6 as follows:
7 (720 ILCS 5/24-3.6 new)
8 Sec. 24-3.6. Unlawful transfer of a handgun.
9 (a) It is unlawful for a person to sell or give or
10 possess with the intent to sell or give more than one handgun
11 to another person within a 30 day period or to sell or give
12 or possess with the intent to sell or give a handgun to a
13 person he or she knows or has reasonable cause to believe has
14 purchased or has been given a handgun within the previous 30
15 days.
16 (b) The provisions of this Section regarding the sale,
17 gift, or possession with the intent to sell or give a handgun
18 do not apply to:
19 (1) United States Marshals, while engaged in the
20 operation of their official duties;
21 (2) Members of the Armed Forces of the United
22 States or the National Guard, while engaged in the
23 operation of their official duties;
24 (3) Federal officials required to carry firearms,
25 while engaged in the operation of their official duties;
26 (4) Members of bona fide veterans organizations
27 that receive firearms directly from the armed forces of
28 the United States, while using the firearms for
29 ceremonial purposes with blank ammunition;
30 (5) Nonresident hunters during hunting season, with
31 valid nonresident hunting licenses and while in an area
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1 where hunting is permitted; however, at all other times
2 and in all other places these persons must have their
3 firearms unloaded and enclosed in a case;
4 (6) Those hunters exempt from obtaining a hunting
5 license who are required to submit their Firearm Owner's
6 Identification Card when hunting on Department of Natural
7 Resources owned or managed sites;
8 (7) Nonresidents while on a firing or shooting
9 range recognized by the Department of State Police;
10 however, these persons must at all other times and in all
11 other places have their firearms unloaded and enclosed in
12 a case;
13 (8) Nonresidents while at a firearm showing or
14 display recognized by the Department of State Police;
15 however, at all other times and in all other places these
16 persons must have their firearms unloaded and enclosed in
17 a case;
18 (9) Nonresidents whose firearms are unloaded and
19 enclosed in a case;
20 (10) Nonresidents who are currently licensed or
21 registered to possess a firearm in their resident state;
22 (11) Unemancipated minors while in the custody and
23 immediate control of their parent or legal guardian or
24 other person in loco parentis to the minor if the parent
25 or legal guardian or other person in loco parentis to the
26 minor has a currently valid Firearm Owner's
27 Identification Card;
28 (12) Color guards of bona fide veterans
29 organizations or members of bona fide American Legion
30 bands while using firearms for ceremonial purposes with
31 blank ammunition;
32 (13) Nonresident hunters whose state of residence
33 does not require them to be licensed or registered to
34 possess a firearm and only during hunting season, with
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1 valid hunting licenses, while accompanied by, and using a
2 firearm owned by, a person who possesses a valid Firearm
3 Owner's Identification Card and while in an area within a
4 commercial club licensed under the Wildlife Code where
5 hunting is permitted and controlled, but in no instance
6 upon sites owned or managed by the Department of Natural
7 Resources;
8 (14) Resident hunters who are properly authorized
9 to hunt and, while accompanied by a person who possesses
10 a valid Firearm Owner's Identification Card, hunt in an
11 area within a commercial club licensed under the Wildlife
12 Code where hunting is permitted and controlled; and
13 (15) Federally licensed firearm dealers who
14 purchase handguns as inventory with the intent to sell
15 those handguns in the regular course of their businesses
16 in accordance with the laws of this State and applicable
17 local ordinances.
18 (c) For the purposes of this Section, "handgun" means a
19 firearm designed to be held and fired by the use of a single
20 hand and that is small enough to be concealed upon one's
21 person, and includes a combination of parts from which a
22 firearm can be assembled.
23 (d) Sentence. A violation of this Section is a Class 4
24 felony.
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