Full Text of SB1915 095th General Assembly
SB1915 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 SB1915
Introduced 1/16/2008, by Sen. Mattie Hunter SYNOPSIS AS INTRODUCED: |
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720 ILCS 5/24-3 |
from Ch. 38, par. 24-3 |
720 ILCS 5/24-3.1A new |
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Amends the Criminal Code of 1961. Changes references in the statute on
unlawful sale of firearms from "sell"
or "give" to "transfer". Prohibits multiple sales of handguns within a 30-day
period. Creates the offense of unlawful acquisition of handguns.
Provides exemptions and affirmative defenses.
Penalty is a Class A misdemeanor for a first offense and a Class 4 felony for a
second or subsequent offense.
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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
FISCAL NOTE ACT MAY APPLY |
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A BILL FOR
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SB1915 |
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LRB095 15177 RLC 41157 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 changing | 5 |
| Section
24-3 and adding Section 24-3.1A
as follows:
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| (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
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| Sec. 24-3. Unlawful transfer Sale of firearms Firearms .
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| (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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| (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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| (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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| (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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| (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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LRB095 15177 RLC 41157 b |
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| (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
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| felony under the laws of this or any other jurisdiction.
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| (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
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| mental hospital within the past 5 years.
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| (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
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| retarded.
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| (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
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| 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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| 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
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| 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.
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| (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
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| 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)
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| "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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| (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.
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| (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
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| 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)
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| of Section 24-3.1A.
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| (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 |
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| the federal Gun Control Act of 1968 (18 U.S.C.
923). In | 2 |
| this paragraph (j):
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| 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
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| 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.
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| "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.
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| (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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| 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.
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| (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
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| 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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LRB095 15177 RLC 41157 b |
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| 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
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| paragraph (i-5) of subsection (A) that the transfer or
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| 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.
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| (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
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| a Class A misdemeanor for a first offense and a Class 4 | 21 |
| felony for a second or
subsequent offense.
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| (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.
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| (3) Any person convicted of unlawful transfer sale of | 26 |
| firearms in violation of
paragraph (a) of subsection (A) |
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| commits a Class 2 felony.
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| (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,
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| 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.
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| (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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| a public housing agency or leased by a public housing
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| 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
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| 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.
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| (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.
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| (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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| "School" means a public or private elementary or secondary | 2 |
| school,
community college, college, or university.
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| "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.
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| (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.
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| (Source: P.A. 94-6, eff. 1-1-06; 94-284, eff. 7-21-05; 95-331, | 15 |
| eff. 8-21-07.)
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| (720 ILCS 5/24-3.1A new)
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| Sec. 24-3.1A. Unlawful acquisition of handguns.
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| (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.
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| (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
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| 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.
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| 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
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| 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
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| provided in Section 24-4.
Upon request of any local
law | 22 |
| enforcement agency, and under its rules, the Department of
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| 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
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| certificates forthwith under this Section. Applications and
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| 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.
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| (c) This Section does not apply to:
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| (1) A law enforcement agency;
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| (2) State and local correctional agencies and | 7 |
| departments;
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| (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
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| (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;
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| (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
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| law enforcement agency; and (iii) the date of the loss or | 26 |
| theft as reflected on
the
official police report or summary |
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| 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
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| 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.
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| (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
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| same person seeking the exchange or replacement within the | 16 |
| 30-day period
immediately preceding the date of exchange or | 17 |
| replacement.
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| (e) The exemptions set forth in subsections (b) and (c) are
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| affirmative defenses to a violation of subsection (a).
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| (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.
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