95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB5227


 
Introduced , by Rep. Elizabeth Hernandez
 
SYNOPSIS AS INTRODUCED:
 		













720 ILCS 5/24-9.5










    Amends the Criminal Code of 1961 relating to handgun safety devices.  Provides that the prohibition on the sale or transfer of a handgun without a handgun safety device applies to sales by private persons as well as by federally licensed firearm dealers.
















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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











HB5227

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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 changing 
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Section 24-9.5 as follows:
 
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    (720 ILCS 5/24-9.5)
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    Sec. 24-9.5. Handgun safety devices.
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    (a) It is unlawful for a person licensed as a federal 
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firearms dealer under Section 923 of the federal Gun Control 
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Act of 1968 (18 U.S.C. 923) to offer for sale, sell, or 
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transfer a handgun to a person not licensed under Section 923 
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of the federal Gun Control Act of 1968 (18 U.S.C. 923) that 
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Act, unless he or she sells or includes with the handgun a 
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device or mechanism, other than the firearm safety, designed to 
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render the handgun temporarily inoperable or inaccessible. 
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This includes but is not limited to:
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        (1) An external device that is:
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            (i) attached to the handgun with a key or 
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        combination lock; and
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            (ii) designed to prevent the handgun from being 
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        discharged unless the device has been deactivated.
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        (2) An integrated mechanical safety, disabling, or 
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    locking device that is:
 


 






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            (i) built into the handgun; and
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            (ii) designed to prevent the handgun from being 
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        discharged unless the device has been deactivated.
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    (b) Sentence. A person who violates this Section is guilty 
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of a Class C misdemeanor and shall be fined not less than 
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$1,000. A second or subsequent violation of this Section is a 
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Class A misdemeanor.
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    (c) For the purposes of this Section, "handgun" has the 
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meaning ascribed to it in clause (h)(2) of subsection (A) of 
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Section 24-3 of this Code.
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    (d) This Section does not apply to:
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        (1) the purchase, sale, or transportation of a handgun 
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    to or by a federally licensed firearms dealer or 
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    manufacturer that provides or services a handgun for:
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            (i) personnel of any unit of the federal 
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        government;
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            (ii) members of the armed forces of the United 
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        States or the National Guard;
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            (iii) law enforcement personnel of the State or any 
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        local law enforcement agency in the State while acting 
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        within the scope of their official duties; and
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            (iv) an organization that is required by federal 
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        law governing its specific business or activity to 
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        maintain handguns and applicable     ammunition;
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        (2) a firearm modified to be permanently inoperative;
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        (3) the sale or transfer of a handgun by a federally 
 


 






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    licensed firearms dealer or manufacturer described in item 
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    (1) of this subsection (d);
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        (4) the sale or transfer of a handgun by a federally 
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    licensed firearms dealer or manufacturer to a lawful 
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    customer outside the State; or
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        (5) an antique firearm.


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(Source: P.A. 94-390, eff. 1-1-06.)