HB2861 Engrossed

LRB095 06092 RLC 26185 b






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    AN ACT concerning criminal law.

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




 
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    Section 5. The Criminal Code of 1961 is amended  by adding 
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Sections 24-3.5-1 and 24-3.7 as follows:
 
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    (720 ILCS 5/24-3.5-1  new)
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    Sec. 24-3.5-1. Sale or gift of firearm to persons 
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ineligible. A person is guilty of a Class X felony if he or 
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she:
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    (1) has been convicted of the offense of unlawful purchase 
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of a firearm under Section 24-3.5 of this Code; and
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    (2) sells or gives a firearm to any person not eligible to 
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own or possess a firearm  under State or federal law; and
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    (3)  the person who is  not eligible to own or possess a 
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firearm  under State or federal law either commits a forcible 
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felony or an act of armed violence under Article 33A of this 
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Code.
 
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    (720 ILCS 5/24-3.7  new)
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    Sec. 24-3.7. Unlawful transfer of a firearm.
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    (a)  A person commits the offense of unlawful transfer of a 
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firearm when he or she is not eligible to own or possess a 
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firearm under State or federal law and sells or gives a firearm 
 


 






HB2861 Engrossed
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LRB095 06092 RLC 26185 b




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to another person who is not eligible to own or possess a 
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firearm under State or federal law and that person who is not 
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eligible to own or possess a firearm under State or federal law 
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does any of the following acts: 
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        (1) commits a forcible felony;
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        (2) commits an act of armed violence under Article 33A 
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    of this Code; or
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        (3) possesses the firearm while in possession of any 
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    controlled substance.
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    (b)  Sentence.    Unlawful transfer of a firearm is a Class X 
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felony.