HB4959 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4959

 

Introduced 1/27/2022, by Rep. Maura Hirschauer

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/24-9.5

    Amends the Criminal Code of 2012. Provides that it is unlawful for any person (rather than a person licensed as a federal firearms dealer under Section 923 of the federal Gun Control Act of 1968) to offer for sale, sell, or transfer a handgun to a person not licensed under federal Gun Control Act of 1968, unless he or she sells or includes with the handgun a device or mechanism, other than the firearm safety, designed to render the handgun temporarily inoperable or inaccessible.


LRB102 24859 RLC 34107 b

 

 

A BILL FOR

 

HB4959LRB102 24859 RLC 34107 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 2012 is amended by
5changing Section 24-9.5 as follows:
 
6    (720 ILCS 5/24-9.5)
7    Sec. 24-9.5. Handgun safety devices.
8    (a) It is unlawful for any a person licensed as a federal
9firearms dealer under Section 923 of the federal Gun Control
10Act of 1968 (18 U.S.C. 923) to offer for sale, sell, or
11transfer a handgun to a person not licensed under Section 923
12of the federal Gun Control Act of 1968 (18 U.S.C. 923) that
13Act, unless he or she sells or includes with the handgun a
14device or mechanism, other than the firearm safety, designed
15to render the handgun temporarily inoperable or inaccessible.
16This includes but is not limited to:
17        (1) An external device that is:
18            (i) attached to the handgun with a key or
19        combination lock; and
20            (ii) designed to prevent the handgun from being
21        discharged unless the device has been deactivated.
22        (2) An integrated mechanical safety, disabling, or
23    locking device that is:

 

 

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1            (i) built into the handgun; and
2            (ii) designed to prevent the handgun from being
3        discharged unless the device has been deactivated.
4    (b) Sentence. A person who violates this Section is guilty
5of a Class C misdemeanor and shall be fined not less than
6$1,000. A second or subsequent violation of this Section is a
7Class A misdemeanor.
8    (c) For the purposes of this Section, "handgun" has the
9meaning ascribed to it in clause (h)(2) of subsection (A) of
10Section 24-3 of this Code.
11    (d) This Section does not apply to:
12        (1) the purchase, sale, or transportation of a handgun
13    to or by a federally licensed firearms dealer or
14    manufacturer that provides or services a handgun for:
15            (i) personnel of any unit of the federal
16        government;
17            (ii) members of the armed forces of the United
18        States or the National Guard;
19            (iii) law enforcement personnel of the State or
20        any local law enforcement agency in the State while
21        acting within the scope of their official duties; and
22            (iv) an organization that is required by federal
23        law governing its specific business or activity to
24        maintain handguns and applicable ammunition;
25        (2) a firearm modified to be permanently inoperative;
26        (3) the sale or transfer of a handgun by a federally

 

 

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1    licensed firearms dealer or manufacturer described in item
2    (1) of this subsection (d);
3        (4) the sale or transfer of a handgun by a federally
4    licensed firearms dealer or manufacturer to a lawful
5    customer outside the State; or
6        (5) an antique firearm.
7(Source: P.A. 94-390, eff. 1-1-06.)