96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB2389


 
Introduced 2/19/2009, by Rep. Elizabeth Hernandez
 
SYNOPSIS AS INTRODUCED:
 		













720 ILCS 5/24-3.7 new










    Amends the Criminal Code of 1961.  Provides that a federally licensed firearms dealer may not transfer a firearm to a person who is not a federally licensed firearms dealer unless before the transfer of the firearm, the dealer inquires of the applicant for purchase of the firearm whether that person has previously purchased a firearm and if the applicant answers the question in the affirmative, the dealer shall have the applicant sign a form under penalty of perjury that the applicant has  previously purchased a firearm.  Provides that upon signing that form, the dealer, after complying with all applicable federal, State, and local  laws, rules, and ordinances, may transfer the firearm to the applicant. If the applicant answers the question in the negative, the dealer shall only transfer the firearm to the applicant if the dealer supplies to the applicant at the time of transfer of the firearm a brochure containing firearm safety information approved by the Department of State Police.  Provides that a person who transfers a firearm to another person in which neither person is a federally licensed firearms dealer shall at the time of transfer of the firearm supply the transferee of the firearm a brochure containing firearm safety information approved by the Department of State Police.  Provides that a violation is a Class A misdemeanor.  Effective immediately.
















LRB096 10084 RLC 20249 b

















CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY


FISCAL NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











HB2389

LRB096 10084 RLC 20249 b






1
    AN ACT concerning criminal law.

 
2
    Be it enacted by the People of the State of Illinois,
 
3
represented in the General Assembly:


 
4
    Section 5. The Criminal Code of 1961 is amended  by adding 
5
Section 24-3.7 as follows:
 
6
    (720 ILCS 5/24-3.7  new)
7
    Sec. 24-3.7. Sellers of firearms to supply purchaser with 
8
firearm safety information.
9
    (a)  A firearms dealer licensed under Section 923 of the 
10
federal Gun Control Act of 1968 may not transfer a firearm to a 
11
person who is not a federally licensed firearms dealer unless 
12
before the transfer of the firearm, the dealer inquires of the 
13
applicant for purchase of the firearm whether that person has 
14
previously purchased a firearm and if the applicant answers the 
15
question in the affirmative, the dealer shall have the 
16
applicant sign a form under penalty of perjury that the 
17
applicant has  previously purchased a firearm.  Upon signing that 
18
form, the dealer, after complying with all applicable federal, 
19
State, and local  laws, rules, and ordinances, may transfer the 
20
firearm to the applicant. If the applicant answers the question 
21
in the negative, the dealer shall only transfer the firearm to 
22
the applicant if the dealer supplies to the applicant at the 
23
time of transfer of the firearm a brochure containing firearm 
 


 






HB2389
- 2 -
LRB096 10084 RLC 20249 b




1
safety information approved by the Department of State Police.
2
    (b)  A person who transfers a firearm to another person in 
3
which neither person is a federally licensed firearms dealer 
4
shall at the time of transfer of the firearm supply the 
5
transferee of the firearm a brochure containing firearm safety 
6
information approved by the Department of State Police.
7
    (c) Sentence.  A dealer or transferor of a firearm who  fails 
8
to comply with this Section is guilty of a Class A misdemeanor. 
 

9
    Section 99. Effective date. This Act takes effect upon 
10
becoming law.