|
|
Sen. Don Harmon
Filed: 5/3/2005
|
|
09400HB1349sam001 |
|
LRB094 09441 RLC 45838 a |
|
|
| 1 |
| AMENDMENT TO HOUSE BILL 1349
|
| 2 |
| AMENDMENT NO. ______. Amend House Bill 1349 by replacing |
| 3 |
| everything after the enacting clause with the following:
|
| 4 |
| "Section 5. The Criminal Code of 1961 is amended by adding |
| 5 |
| Section 24-9.5 as follows:
|
| 6 |
| (720 ILCS 5/24-9.5 new) |
| 7 |
| Sec. 24-9.5. Handgun safety devices. |
| 8 |
| (a) It is unlawful for a person licensed as a federal |
| 9 |
| firearms dealer under Section 923 of the federal Gun Control |
| 10 |
| Act of 1968 (18 U.S.C. 923) to offer for sale, sell, or |
| 11 |
| transfer a handgun to a person not licensed under that Act, |
| 12 |
| unless he or she offers for sale, sells, or includes with the |
| 13 |
| handgun a device or mechanism, other than the firearm safety, |
| 14 |
| designed to render the handgun temporarily inoperable or |
| 15 |
| inaccessible. This includes but is not limited to: |
| 16 |
| (1) An external device that is: |
| 17 |
| (i) attached to the handgun with a key or |
| 18 |
| combination lock; and |
| 19 |
| (ii) designed to prevent the handgun from being |
| 20 |
| discharged unless the device has been deactivated. |
| 21 |
| (2) An integrated mechanical safety, disabling, or |
| 22 |
| locking device that is: |
| 23 |
| (i) built into the handgun; and |
| 24 |
| (ii) designed to prevent the handgun from being |
|
|
|
09400HB1349sam001 |
- 2 - |
LRB094 09441 RLC 45838 a |
|
|
| 1 |
| discharged unless the device has been deactivated. |
| 2 |
| (b) Sentence. A person who violates this Section is guilty |
| 3 |
| of a Class C misdemeanor and shall be fined not less than |
| 4 |
| $1,000. A second or subsequent violation of this Section is a |
| 5 |
| Class A misdemeanor. |
| 6 |
| (c) For the purposes of this Section, "handgun" has the |
| 7 |
| meaning ascribed to it in clause (h)(2) of subsection (A) of |
| 8 |
| Section 24-3 of this Code. |
| 9 |
| (d) This Section does not apply to: |
| 10 |
| (1) the purchase, sale, or transportation of a handgun |
| 11 |
| to or by a federally licensed firearms dealer or |
| 12 |
| manufacturer that provides or services a handgun for: |
| 13 |
| (i) personnel of any unit of the federal |
| 14 |
| government; |
| 15 |
| (ii) members of the armed forces of the United |
| 16 |
| States or the National Guard; |
| 17 |
| (iii) law enforcement personnel of the State or any |
| 18 |
| local law enforcement agency in the State while acting |
| 19 |
| within the scope of their official duties; and |
| 20 |
| (iv) an organization that is required by federal |
| 21 |
| law governing its specific business or activity to |
| 22 |
| maintain handguns and applicable ammunition; |
| 23 |
| (2) a firearm modified to be permanently inoperative; |
| 24 |
| (3) the sale or transfer of a handgun by a federally |
| 25 |
| licensed firearms dealer or manufacturer described in item |
| 26 |
| (1) of this subsection (d); |
| 27 |
| (4) the sale or transfer of a handgun by a federally |
| 28 |
| licensed firearms dealer or manufacturer to a lawful |
| 29 |
| customer outside the State; or |
| 30 |
| (5) an antique firearm.".
|