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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Criminal Code of 1961 is amended by changing | ||||||||||||||||||||||||||
5 | Section
24-3 and adding Section 24-3.1A
as follows:
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6 | (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
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7 | Sec. 24-3. Unlawful transfer Sale of firearms Firearms .
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8 | (A) A person commits the offense of unlawful transfer sale | ||||||||||||||||||||||||||
9 | of firearms when he
or she knowingly does any of the following:
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10 | (a) Transfers or possesses with intent to transfer | ||||||||||||||||||||||||||
11 | Sells or gives any firearm of a size which may be concealed | ||||||||||||||||||||||||||
12 | upon the
person to any person he or she has reasonable | ||||||||||||||||||||||||||
13 | cause to believe is under 18 years of age.
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14 | (b) Transfers or possesses with intent to transfer | ||||||||||||||||||||||||||
15 | Sells or gives any firearm to a person under 21 years of | ||||||||||||||||||||||||||
16 | age who has
been convicted of a misdemeanor other than a | ||||||||||||||||||||||||||
17 | traffic offense or adjudged
delinquent.
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18 | (b-5) Transfers or possesses with intent to transfer | ||||||||||||||||||||||||||
19 | any firearm to a
person he or she has reasonable cause to | ||||||||||||||||||||||||||
20 | believe is under 18 years of age.
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21 | (c) Transfers or possesses with intent to transfer | ||||||||||||||||||||||||||
22 | Sells or gives any firearm to any person he or she has | ||||||||||||||||||||||||||
23 | reasonable cause
to believe is a narcotic addict.
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1 | (d) Transfers or possesses with intent to transfer | ||||||
2 | Sells or gives any firearm to any person he or she has | ||||||
3 | reasonable cause
to believe who has been convicted of a
| ||||||
4 | felony under the laws of this or any other jurisdiction.
| ||||||
5 | (e) Transfers or possesses with intent to transfer | ||||||
6 | Sells or gives any firearm to any person he or she has | ||||||
7 | reasonable cause
to believe who has been a patient in a
| ||||||
8 | mental hospital within the past 5 years.
| ||||||
9 | (f) Transfers or possesses with intent to transfer | ||||||
10 | Sells or gives any firearms to any person he or she knows | ||||||
11 | or has
reasonable cause to believe who is mentally
| ||||||
12 | retarded.
| ||||||
13 | (g) Knowingly transfers Delivers any firearm of a size | ||||||
14 | which may be concealed upon the
person, incidental to a | ||||||
15 | sale, without withholding delivery of such firearm
for at | ||||||
16 | least 72 hours after application for its purchase has been | ||||||
17 | made, or
delivers any rifle, shotgun or other long gun, or | ||||||
18 | a stun gun or taser, incidental to a sale,
without | ||||||
19 | withholding delivery of such rifle, shotgun or other long | ||||||
20 | gun, or a stun gun or taser for
at least 24 hours after | ||||||
21 | application for its purchase has been made.
However,
this | ||||||
22 | paragraph (g) does not apply to: (1) the sale of a firearm
| ||||||
23 | to a law enforcement officer if the seller of the firearm | ||||||
24 | knows that the person to whom he or she is selling the | ||||||
25 | firearm is a law enforcement officer or the sale of a | ||||||
26 | firearm to a person who desires to purchase a firearm for
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| |||||||
1 | use in promoting the public interest incident to his or her | ||||||
2 | employment as a
bank guard, armed truck guard, or other | ||||||
3 | similar employment; (2) a mail
order sale of a firearm to a | ||||||
4 | nonresident of Illinois under which the firearm
is mailed | ||||||
5 | to a point outside the boundaries of Illinois; (3) the sale
| ||||||
6 | of a firearm to a nonresident of Illinois while at a | ||||||
7 | firearm showing or display
recognized by the Illinois | ||||||
8 | Department of State Police; or (4) the sale of a
firearm to | ||||||
9 | a dealer licensed as a federal firearms dealer under | ||||||
10 | Section 923
of the federal Gun Control Act of 1968 (18 | ||||||
11 | U.S.C. 923). For purposes of this paragraph (g), | ||||||
12 | "application" means when the buyer and seller reach an | ||||||
13 | agreement to purchase a firearm.
| ||||||
14 | (h) While holding any license
as a dealer,
importer, | ||||||
15 | manufacturer or pawnbroker
under the federal Gun Control | ||||||
16 | Act of 1968,
knowingly manufactures, sells or delivers to | ||||||
17 | any unlicensed person a handgun having
a barrel, slide, | ||||||
18 | frame or receiver which is a die casting of zinc alloy or
| ||||||
19 | any other nonhomogeneous metal which will melt or deform at | ||||||
20 | a temperature
of less than 800 degrees Fahrenheit. For | ||||||
21 | purposes of this paragraph, (1)
"firearm" is defined as in | ||||||
22 | the Firearm Owners Identification Card Act; and (2)
| ||||||
23 | "handgun" is defined as a firearm designed to be held
and | ||||||
24 | fired by the use of a single hand, and includes a | ||||||
25 | combination of parts from
which such a firearm can be | ||||||
26 | assembled.
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1 | (i) Transfers or possesses with intent to transfer | ||||||
2 | Sells or gives a firearm of any size to any person he or | ||||||
3 | she knows or has reasonable cause
to believe is under 18 | ||||||
4 | years of
age who does not possess a valid Firearm Owner's | ||||||
5 | Identification Card.
| ||||||
6 | (i-5) While holding a license under the Federal Gun | ||||||
7 | Control Act of 1968,
transfers or possesses with intent to | ||||||
8 | transfer more than one handgun
to any person within any | ||||||
9 | 30-day period or transfers or possesses with intent to
| ||||||
10 | transfer a handgun
to any person he or she knows or has | ||||||
11 | reasonable cause to
believe has received a handgun within | ||||||
12 | the previous 30 days
unless the receipt of multiple | ||||||
13 | handguns is exempted under subsection (c) or
(d) of Section | ||||||
14 | 24-3.1A. It is an affirmative defense to a violation of | ||||||
15 | this
subsection that the transferor in good faith relied on | ||||||
16 | the records of the
Department of State Police in concluding | ||||||
17 | that the transferor had not
transferred a
handgun within | ||||||
18 | the previous 30 days or that multiple purchases were | ||||||
19 | authorized
by subsection (b) of Section 24-3.1A, or relied | ||||||
20 | in good faith on the records of
a local law enforcement | ||||||
21 | agency that the transfer was authorized by subsection
(c)
| ||||||
22 | of Section 24-3.1A.
| ||||||
23 | (j) Transfers or possesses with intent to transfer | ||||||
24 | Sells or gives a firearm while engaged in the business of | ||||||
25 | selling
firearms at wholesale or retail without being | ||||||
26 | licensed as a federal firearms
dealer under Section 923 of |
| |||||||
| |||||||
1 | the federal Gun Control Act of 1968 (18 U.S.C.
923). In | ||||||
2 | this paragraph (j):
| ||||||
3 | A person "engaged in the business" means a person who | ||||||
4 | devotes time,
attention, and
labor to
engaging in the | ||||||
5 | activity as a regular course of trade or business with the
| ||||||
6 | principal objective of livelihood and profit, but does not | ||||||
7 | include a person who
makes occasional repairs of firearms | ||||||
8 | or who occasionally fits special barrels,
stocks, or | ||||||
9 | trigger mechanisms to firearms.
| ||||||
10 | "With the principal objective of livelihood and | ||||||
11 | profit" means that the
intent
underlying the sale or | ||||||
12 | disposition of firearms is predominantly one of
obtaining | ||||||
13 | livelihood and pecuniary gain, as opposed to other intents, | ||||||
14 | such as
improving or liquidating a personal firearms | ||||||
15 | collection; however, proof of
profit shall not be required | ||||||
16 | as to a person who engages in the regular and
repetitive | ||||||
17 | purchase and disposition of firearms for criminal purposes | ||||||
18 | or
terrorism.
| ||||||
19 | (k) Transfers Sells or transfers ownership of a firearm | ||||||
20 | to a person who does not display to the seller or | ||||||
21 | transferor of the firearm a currently valid Firearm Owner's | ||||||
22 | Identification Card that has previously been issued in the | ||||||
23 | transferee's name by the Department of State Police under | ||||||
24 | the provisions of the Firearm Owners Identification Card | ||||||
25 | Act. This paragraph (k) does not apply to the transfer of a | ||||||
26 | firearm to a person who is exempt from the requirement of |
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| |||||||
1 | possessing a Firearm Owner's Identification Card under | ||||||
2 | Section 2 of the Firearm Owners Identification Card Act. | ||||||
3 | For the purposes of this Section, a currently valid Firearm | ||||||
4 | Owner's Identification Card means (i) a Firearm Owner's | ||||||
5 | Identification Card that has not expired or (ii) if the | ||||||
6 | transferor is licensed as a federal firearms dealer under | ||||||
7 | Section 923 of the federal Gun Control Act of 1968 (18 | ||||||
8 | U.S.C. 923), an approval number issued in accordance with | ||||||
9 | Section 3.1 of the Firearm Owners Identification Card Act | ||||||
10 | shall be proof that the Firearm Owner's Identification Card | ||||||
11 | was valid. | ||||||
12 | (B) Paragraph (h) of subsection (A) does not include | ||||||
13 | firearms sold within 6
months after enactment of Public
Act | ||||||
14 | 78-355 (approved August 21, 1973, effective October 1, 1973), | ||||||
15 | nor is any
firearm legally owned or
possessed by any citizen or | ||||||
16 | purchased by any citizen within 6 months after the
enactment of | ||||||
17 | Public Act 78-355 subject
to confiscation or seizure under the | ||||||
18 | provisions of that Public Act. Nothing in
Public Act 78-355 | ||||||
19 | shall be construed to prohibit the gift or trade of
any firearm | ||||||
20 | if that firearm was legally held or acquired within 6 months | ||||||
21 | after
the enactment of that Public Act.
| ||||||
22 | (B-5) As used in this Section, "transfer" means the actual | ||||||
23 | or attempted
transfer of a firearm or firearm
ammunition, with | ||||||
24 | or without consideration, but does not include the lease of a
| ||||||
25 | firearm, or the provision of ammunition specifically for that | ||||||
26 | firearm, if the
firearm and the ammunition are to be used on |
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| |||||||
1 | the lessor's premises, and does
not include any transfer of | ||||||
2 | possession when the transferor maintains
supervision and | ||||||
3 | control over the firearm or ammunition. | ||||||
4 | (B-10) It is an affirmative defense to a violation of
| ||||||
5 | paragraph (i-5) of subsection (A) that the transfer or
| ||||||
6 | possession with intent to transfer of a firearm
was
to a | ||||||
7 | transferee who received
the
firearm as an heir, legatee, or | ||||||
8 | beneficiary of or in a similar capacity to a
deceased
person | ||||||
9 | who had owned the firearm. Nothing in this paragraph (B-10) | ||||||
10 | makes
lawful any transfer or possession with intent to transfer | ||||||
11 | of a firearm, or any
other
possession or use of a firearm, in | ||||||
12 | violation of any law, other than paragraph
(i-5) of subsection | ||||||
13 | (A), or in violation of any municipal or county
ordinance. | ||||||
14 | (C) Sentence.
| ||||||
15 | (1) Any person convicted of unlawful transfer sale of | ||||||
16 | firearms in violation of
paragraph (c), (e), (f), (g), or | ||||||
17 | any of paragraphs (c) through (h) of subsection (A) commits | ||||||
18 | a Class
4
felony. A person convicted of a violation of | ||||||
19 | subsection (i-5) of subsection (A) of
this Section commits
| ||||||
20 | a Class A misdemeanor for a first offense and a Class 4 | ||||||
21 | felony for a second or
subsequent offense.
| ||||||
22 | (2) Any person convicted of unlawful transfer sale of | ||||||
23 | firearms in violation of
paragraph (b) , (b-5), or (i) of | ||||||
24 | subsection (A) commits a Class 3 felony.
| ||||||
25 | (3) Any person convicted of unlawful transfer sale of | ||||||
26 | firearms in violation of
paragraph (a) of subsection (A) |
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1 | commits a Class 2 felony.
| ||||||
2 | (4) Any person convicted of unlawful transfer sale of | ||||||
3 | firearms in violation of
paragraph (a), (b), (b-5), or (i) | ||||||
4 | of subsection (A) in any school, on the real
property | ||||||
5 | comprising a school, within 1,000 feet of the real property | ||||||
6 | comprising
a school, at a school related activity, or on or | ||||||
7 | within 1,000 feet of any
conveyance owned, leased, or | ||||||
8 | contracted by a school or school district to
transport | ||||||
9 | students to or from school or a school related activity,
| ||||||
10 | regardless of the time of day or time of year at which the | ||||||
11 | offense
was committed, commits a Class 1 felony. Any person | ||||||
12 | convicted of a second
or subsequent violation of unlawful | ||||||
13 | transfer sale of firearms in violation of paragraph
(a), | ||||||
14 | (b), (b-5), or (i) of subsection (A) in any school, on the | ||||||
15 | real property
comprising a school, within 1,000 feet of the | ||||||
16 | real property comprising a
school, at a school related | ||||||
17 | activity, or on or within 1,000 feet of any
conveyance | ||||||
18 | owned, leased, or contracted by a school or school district | ||||||
19 | to
transport students to or from school or a school related | ||||||
20 | activity,
regardless of the time of day or time of year at | ||||||
21 | which the offense
was committed, commits a Class 1 felony | ||||||
22 | for which the sentence shall be a
term of imprisonment of | ||||||
23 | no less than 5 years and no more than 15 years.
| ||||||
24 | (5) Any person convicted of unlawful transfer sale of | ||||||
25 | firearms in violation of
paragraph (a) or (i) of subsection | ||||||
26 | (A) in residential property owned,
operated, or managed by |
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1 | a public housing agency or leased by a public housing
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2 | agency as part of a scattered site or mixed-income | ||||||
3 | development, in a public
park, in a
courthouse, on | ||||||
4 | residential property owned, operated, or managed by a | ||||||
5 | public
housing agency or leased by a public housing agency | ||||||
6 | as part of a scattered site
or mixed-income development, on | ||||||
7 | the real property comprising any public park,
on the real
| ||||||
8 | property comprising any courthouse, or on any public way | ||||||
9 | within 1,000 feet
of the real property comprising any | ||||||
10 | public park, courthouse, or residential
property owned, | ||||||
11 | operated, or managed by a public housing agency or leased | ||||||
12 | by a
public housing agency as part of a scattered site or | ||||||
13 | mixed-income development
commits a
Class 2 felony.
| ||||||
14 | (6) Any person convicted of unlawful transfer sale of | ||||||
15 | firearms in violation of
paragraph (j) of subsection (A) | ||||||
16 | commits a Class A misdemeanor. A second or
subsequent | ||||||
17 | violation is a Class 4 felony. | ||||||
18 | (7) Any person convicted of unlawful transfer sale of | ||||||
19 | firearms in violation of paragraph (k) of subsection (A) | ||||||
20 | commits a Class 4 felony. A third or subsequent conviction | ||||||
21 | for a violation of paragraph (k) of subsection (A) is a | ||||||
22 | Class 1 felony.
| ||||||
23 | (8) A person convicted of unlawful transfer of firearms | ||||||
24 | in violation of
paragraph (d) of subsection (A) commits a | ||||||
25 | Class 2 felony. | ||||||
26 | (D) For purposes of this Section:
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| |||||||
1 | "School" means a public or private elementary or secondary | ||||||
2 | school,
community college, college, or university.
| ||||||
3 | "School related activity" means any sporting, social, | ||||||
4 | academic, or
other activity for which students' attendance or | ||||||
5 | participation is sponsored,
organized, or funded in whole or in | ||||||
6 | part by a school or school district.
| ||||||
7 | (E) A prosecution for a violation of paragraph (k) of | ||||||
8 | subsection (A) of this Section may be commenced within 6 years | ||||||
9 | after the commission of the offense. A prosecution for a | ||||||
10 | violation of this Section other than paragraph (g) of | ||||||
11 | subsection (A) of this Section may be commenced within 5 years | ||||||
12 | after the commission of the offense defined in the particular | ||||||
13 | paragraph.
| ||||||
14 | (Source: P.A. 94-6, eff. 1-1-06; 94-284, eff. 7-21-05; 95-331, | ||||||
15 | eff. 8-21-07.)
| ||||||
16 | (720 ILCS 5/24-3.1A new)
| ||||||
17 | Sec. 24-3.1A. Unlawful acquisition of handguns.
| ||||||
18 | (a) Except as exempted in subsections (b) and (c), it is | ||||||
19 | unlawful for
any person other than a person holding a license | ||||||
20 | under the Federal Gun Control
Act of 1968, as amended, to | ||||||
21 | acquire more than one handgun within any 30-day
period.
| ||||||
22 | (b) Acquisitions in excess of one handgun within a 30-day | ||||||
23 | period may be
made upon
completion of an enhanced background | ||||||
24 | check, as described in this Section, by
special
application to | ||||||
25 | the Department of State Police listing the number and type of
|
| |||||||
| |||||||
1 | handguns
to be acquired and transferred for lawful business or | ||||||
2 | personal use, in a
collector
series, for collections, as a bulk | ||||||
3 | purchase from estate sales, and for similar
purposes.
The | ||||||
4 | application must be signed under oath by the applicant on forms | ||||||
5 | provided
by the
Department of State Police, must state the | ||||||
6 | purpose for the acquisition above
the
limit,
and must require | ||||||
7 | satisfactory proof of residency and identity. The
application | ||||||
8 | is
in addition to the firearms transfer report required by the | ||||||
9 | Bureau of Alcohol,
Tobacco
and Firearms (ATF). The Director of | ||||||
10 | State Police shall adopt rules,
under the Illinois | ||||||
11 | Administrative Procedure Act, for the implementation
of an | ||||||
12 | application process for acquisitions of handguns above the | ||||||
13 | limit.
| ||||||
14 | Upon being satisfied that these requirements have been met, | ||||||
15 | the Department of
State
Police must forthwith issue to the | ||||||
16 | applicant a nontransferable certificate
that is
valid for 7 | ||||||
17 | days from the date of issue. The certificate must be
| ||||||
18 | surrendered to
the transferor by the prospective transferee | ||||||
19 | before the consummation of the
transfer
and
must be kept on | ||||||
20 | file at the transferor's place of business for inspection as
| ||||||
21 | provided in Section 24-4.
Upon request of any local
law | ||||||
22 | enforcement agency, and under its rules, the Department of
| ||||||
23 | State
Police may certify the local law enforcement agency to | ||||||
24 | serve as its agent to
receive
applications and, upon | ||||||
25 | authorization by the Department of State Police, issue
| ||||||
26 | certificates forthwith under this Section. Applications and
|
| |||||||
| |||||||
1 | certificates issued
under this Section must be maintained as | ||||||
2 | records by the Department of State
Police, and made available | ||||||
3 | to local
law enforcement agencies.
| ||||||
4 | (c) This Section does not apply to:
| ||||||
5 | (1) A law enforcement agency;
| ||||||
6 | (2) State and local correctional agencies and | ||||||
7 | departments;
| ||||||
8 | (3) The acquisition of antique firearms as defined by | ||||||
9 | paragraph (4) of
Section
1.1 of the Firearm Owners | ||||||
10 | Identification Card Act; or
| ||||||
11 | (4) A person whose handgun is stolen or irretrievably | ||||||
12 | lost who deems it
essential that
the handgun be replaced | ||||||
13 | immediately. The person may acquire another handgun,
even | ||||||
14 | if the person has previously acquired a handgun within a | ||||||
15 | 30-day
period, if:
(i) the person provides the firearms | ||||||
16 | transferor with a copy of the
official police
report or a | ||||||
17 | summary of the official police report, on forms provided by | ||||||
18 | the
Department of State
Police,
from the law enforcement | ||||||
19 | agency that took the report of the lost or stolen
handgun;
| ||||||
20 | (ii) the official police report or summary of the official | ||||||
21 | police report
contains the name and
address of the
handgun | ||||||
22 | owner, the description
and serial number
of the handgun, | ||||||
23 | the location of the loss or
theft, the
date of the loss or | ||||||
24 | theft, and the date the loss or theft was reported to the
| ||||||
25 | law enforcement agency; and (iii) the date of the loss or | ||||||
26 | theft as reflected on
the
official police report or summary |
| |||||||
| |||||||
1 | of the official police report occurred within
30 days of | ||||||
2 | the
person's
attempt to replace the handgun. The firearms | ||||||
3 | transferor must attach a copy of
the
official police report | ||||||
4 | or summary of the official police report to the original
| ||||||
5 | copy of the form
provided by the Department of State Police | ||||||
6 | completed for the transaction,
retain it for the period
| ||||||
7 | prescribed
by the Department of State Police, and forward a | ||||||
8 | copy of the documents to the
Department of State Police. | ||||||
9 | The documents must be maintained by the
Department of State | ||||||
10 | Police and made available to local law enforcement
| ||||||
11 | agencies.
| ||||||
12 | (d) For the purposes of this Section, "acquisition" does | ||||||
13 | not include the
exchange or
replacement of a handgun by a | ||||||
14 | transferor for a handgun transferred from the
transferor
by the
| ||||||
15 | same person seeking the exchange or replacement within the | ||||||
16 | 30-day period
immediately preceding the date of exchange or | ||||||
17 | replacement.
| ||||||
18 | (e) The exemptions set forth in subsections (b) and (c) are
| ||||||
19 | affirmative defenses to a violation of subsection (a).
| ||||||
20 | (f) A violation of this Section is a Class A misdemeanor | ||||||
21 | for a first offense
and a Class 4 felony for a second or | ||||||
22 | subsequent offense.
|