State of Illinois
91st General Assembly
Legislation

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91_SB1614

 
                                               LRB9112807RCpk

 1        AN  ACT  to  amend  the  Criminal  Code of 1961 by adding
 2    Section 24-3.6.

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

 5        Section  5.   The  Criminal  Code  of  1961 is amended by
 6    adding Section 24-3.6 as follows:

 7        (720 ILCS 5/24-3.6 new)
 8        Sec. 24-3.6.  Unlawful transfer of a handgun.
 9        (a)  It is unlawful for a  person  to  sell  or  give  or
10    possess with the intent to sell or give more than one handgun
11    to  another  person within a 30 day period or to sell or give
12    or possess with the intent to sell or give  a  handgun  to  a
13    person he or she knows or has reasonable cause to believe has
14    purchased  or has been given a handgun within the previous 30
15    days.
16        (b)  The provisions of this Section regarding  the  sale,
17    gift, or possession with the intent to sell or give a handgun
18    do not apply to:
19             (1)  United  States  Marshals,  while engaged in the
20        operation of their official duties;
21             (2)  Members of  the  Armed  Forces  of  the  United
22        States  or  the  National  Guard,  while  engaged  in the
23        operation of their official duties;
24             (3)  Federal officials required to  carry  firearms,
25        while engaged in the operation of their official duties;
26             (4)  Members  of  bona  fide  veterans organizations
27        that receive firearms directly from the armed  forces  of
28        the   United   States,   while  using  the  firearms  for
29        ceremonial purposes with blank ammunition;
30             (5)  Nonresident hunters during hunting season, with
31        valid nonresident hunting licenses and while in  an  area
 
                            -2-                LRB9112807RCpk
 1        where  hunting  is permitted; however, at all other times
 2        and in all other places these  persons  must  have  their
 3        firearms unloaded and enclosed in a case;
 4             (6)  Those  hunters  exempt from obtaining a hunting
 5        license who are required to submit their Firearm  Owner's
 6        Identification Card when hunting on Department of Natural
 7        Resources owned or managed sites;
 8             (7)  Nonresidents  while  on  a  firing  or shooting
 9        range recognized  by  the  Department  of  State  Police;
10        however, these persons must at all other times and in all
11        other places have their firearms unloaded and enclosed in
12        a case;
13             (8)  Nonresidents  while  at  a  firearm  showing or
14        display recognized by the  Department  of  State  Police;
15        however, at all other times and in all other places these
16        persons must have their firearms unloaded and enclosed in
17        a case;
18             (9)  Nonresidents  whose  firearms  are unloaded and
19        enclosed in a case;
20             (10)  Nonresidents who  are  currently  licensed  or
21        registered to possess a firearm in their resident state;
22             (11)  Unemancipated  minors while in the custody and
23        immediate control of their parent or  legal  guardian  or
24        other  person in loco parentis to the minor if the parent
25        or legal guardian or other person in loco parentis to the
26        minor   has   a   currently   valid    Firearm    Owner's
27        Identification Card;
28             (12)  Color    guards    of   bona   fide   veterans
29        organizations or members of  bona  fide  American  Legion
30        bands  while  using firearms for ceremonial purposes with
31        blank ammunition;
32             (13)  Nonresident hunters whose state  of  residence
33        does  not  require  them  to be licensed or registered to
34        possess a firearm and only during  hunting  season,  with
 
                            -3-                LRB9112807RCpk
 1        valid hunting licenses, while accompanied by, and using a
 2        firearm  owned by, a person who possesses a valid Firearm
 3        Owner's Identification Card and while in an area within a
 4        commercial club licensed under the  Wildlife  Code  where
 5        hunting  is  permitted and controlled, but in no instance
 6        upon sites owned or managed by the Department of  Natural
 7        Resources;
 8             (14)  Resident  hunters  who are properly authorized
 9        to hunt and, while accompanied by a person who  possesses
10        a  valid  Firearm Owner's Identification Card, hunt in an
11        area within a commercial club licensed under the Wildlife
12        Code where hunting is permitted and controlled; and
13             (15)  Federally   licensed   firearm   dealers   who
14        purchase handguns as inventory with the  intent  to  sell
15        those  handguns in the regular course of their businesses
16        in accordance with the laws of this State and  applicable
17        local ordinances.
18        (c)  For  the purposes of this Section, "handgun" means a
19    firearm designed to be held and fired by the use of a  single
20    hand  and  that  is  small  enough to be concealed upon one's
21    person, and includes a combination  of  parts  from  which  a
22    firearm can be assembled.
23        (d)  Sentence.   A violation of this Section is a Class 4
24    felony.

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