92nd General Assembly
Summary of HB0902
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House Sponsors:
JONES,JOHN.

Short description: 
CRIM CD-FIREARM SALES-FED LICS                                             

Synopsis of Bill as introduced:
        Amends the Criminal Code of 1961.  Provides that it is a Class  4      
   felony  to  sell  or  give  a firearm while engaged in the business of      
   selling firearms at wholesale or retail without being  licensed  as  a      
   federal  firearms  dealer  under  the federal Gun Control Act of 1968.      
   Preempts home rule. Effective immediately.                                  
          FISCAL NOTE (Department of Corrections)                              
          Fiscal impact and impact on the corrections population would         
          be minimal.                                                          
          CORRECTIONAL NOTE (Department of Corrections)                        
          Same as DOC fiscal note.                                             
        HOUSE AMENDMENT NO. 1.                                                 
          Adds reference to:                                                   
          720 ILCS 5/24-3.1               from Ch. 38, par. 24-3.1             
          720 ILCS 5/24-3.5                                                    
          720 ILCS 5/37-1                 from Ch. 38, par. 37-1               
        Deletes everything. Amends the Criminal Code of 1961. Provides         
   that the Department of State Police shall publish a list of handguns        
   having a barrel, slide, frame or receiver that is a die casting of          
   zinc alloy or any other nonhomogeneous metal which will melt or             
   deform at a temperature of less than 800 degrees Fahrenheit. Provides       
   that the Department of State Police shall notify each federal firearms      
   dealer at least annually who is required to participate in the dial up      
   system. Provides that no unit of local government, including a home         
   rule unit, may regulate the purchase or sale of firearms in a manner        
   inconsistent with the statute concerning the unlawful sale of fire-         
   arms. Makes it a Class 4 felony to engage in the business of selling        
   firearms without a federal license to sell firearms. Provides that the      
   statute concerning the unlawful possession of firearms does not pro-        
   hibit a person under 18 years of age from participating in any lawful       
   recreational activity with a firearm such as, but not limited to,           
   practice shooting at targets upon established public or private target      
   ranges or hunting, trapping, or fishing in accordance with the Wild-        
   life Code or the Fish and Aquatic Life Code. Provides that a person         
   who commits the offense of unlawful purchase of a firearm by purchas-       
   ing a firearm with the intent to deliver the firearm or by purchasing       
   a firearm in violation of the statute shall be sentenced to an addi-        
   tional term of imprisonment of 10 years for each firearm purchased          
   that was: (1) used in a crime that involved a violation of the Canna-       
   bis Control Act or the Illinois Controlled Substances Act; (2) used in      
   a crime committed against a law enforcement officer; or (3) used in         
   the commission of a felony. Provides that an attempt to purchase fire-      
   arms in violation of the statute is an offense. Provides that a build-      
   ing used for the unlawful sales of firearms may be abated as a public       
   nuisance only if the person using the building for the unlawful sale        
   has been convicted of the offense. Effective immediately.                   
          HOME RULE NOTE, H-AM 1                                               
          (Dept. of Commerce and Community Affairs)                            
          HB 902 (H-am 1) contains language stating that no unit of local      
          government, including a home rule unit, may regulate the pur-        
          chase or sale of firearms in a manner inconsistent with the          
          legislation. Therefore, in the opinion of DCCA, this legisla-        
          tion pre-empts home rule authority.                                  
        HOUSE AMENDMENT NO. 2.  (Tabled April 3, 2001)                         
        Provides that the regulation of the purchase or sale of  firearms      
   is an exclusive State power and function and may not be regulated by a      
   unit of local government, including a home rule unit.                       
 
Last action on Bill: SESSION SINE DIE

   Last action date: JAN-07-2003

           Location: House

 Amendments to Bill: AMENDMENTS ADOPTED: HOUSE -   1     SENATE -   0


   END OF INQUIRY 
                                                                               



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