093_HB2479

 
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 1        AN ACT in relation to criminal law.

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

 4        Section 5.  The Criminal  Code  of  1961  is  amended  by
 5    changing Section 24-3 and adding Section 24-3.1A as follows:

 6        (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
 7        Sec. 24-3.  Unlawful transfer Sale of firearms.
 8        (A)  A  person  commits  the offense of unlawful transfer
 9    sale of firearms when he or she knowingly  does  any  of  the
10    following:
11             (a)  Transfers  or possesses with intent to transfer
12        Sells or gives  any  firearm  of  a  size  which  may  be
13        concealed  upon  the  person  to any person he or she has
14        reasonable cause to believe is under 18 years of age.
15             (b)  Transfers or possesses with intent to  transfer
16        Sells  or gives any firearm to a person under 21 years of
17        age who has been convicted of a misdemeanor other than  a
18        traffic offense or adjudged delinquent.
19             (b-5)  Transfers   or   possesses   with  intent  to
20        transfer any firearm to a person he or she has reasonable
21        cause to believe is under 18 years of age.
22             (c)  Transfers or possesses with intent to  transfer
23        Sells  or  gives  any firearm to any person he or she has
24        reasonable cause to believe is a narcotic addict.
25             (d)  Transfers or possesses with intent to  transfer
26        Sells  or  gives  any firearm to any person he or she has
27        reasonable cause to believe who has been convicted  of  a
28        felony under the laws of this or any other jurisdiction.
29             (e)  Transfers  or possesses with intent to transfer
30        Sells or gives any firearm to any person he  or  she  has
31        reasonable  cause  to believe who has been a patient in a
 
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 1        mental hospital within the past 5 years.
 2             (f)  Transfers or possesses with intent to  transfer
 3        Sells or gives any firearms to any person he or she knows
 4        or  has  reasonable  cause  to  believe  who  is mentally
 5        retarded.
 6             (g)  Knowingly transfers Delivers any firearm  of  a
 7        size  which  may be concealed upon the person, incidental
 8        to a sale, without withholding delivery of  such  firearm
 9        for  at least 72 hours after application for its purchase
10        has been made, or delivers any rifle,  shotgun  or  other
11        long  gun,  incidental  to  a  sale,  without withholding
12        delivery of such rifle, shotgun or other long gun for  at
13        least  24  hours  after  application for its purchase has
14        been made.  However, this paragraph (g)  does  not  apply
15        to:  (1)  the  sale  of  a  firearm  to a law enforcement
16        officer or a person who desires to purchase a firearm for
17        use in promoting the public interest incident to  his  or
18        her  employment  as  a  bank guard, armed truck guard, or
19        other similar employment; (2) a  mail  order  sale  of  a
20        firearm  to  a  nonresident  of  Illinois under which the
21        firearm is mailed to a point outside  the  boundaries  of
22        Illinois;  (3)  the sale of a firearm to a nonresident of
23        Illinois while at a firearm showing or display recognized
24        by the Illinois Department of State Police;  or  (4)  the
25        sale  of a firearm to a dealer licensed under the Federal
26        Firearms Act of the United States.
27             (h)  While  holding  any  license   as   a   dealer,
28        importer,  manufacturer  or  pawnbroker under the federal
29        Gun Control Act of 1968, knowingly manufactures, sells or
30        delivers to any unlicensed  person  a  handgun  having  a
31        barrel,  slide,  frame or receiver which is a die casting
32        of zinc alloy or any  other  nonhomogeneous  metal  which
33        will  melt  or  deform  at a temperature of less than 800
34        degrees Fahrenheit.  For purposes of this paragraph,  (1)
 
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 1        "firearm"   is   defined   as   in   the  Firearm  Owners
 2        Identification Card Act; and (2) "handgun" is defined  as
 3        a  firearm  designed to be held and fired by the use of a
 4        single hand, and includes a  combination  of  parts  from
 5        which such a firearm can be assembled.
 6             (i)  Transfers  or possesses with intent to transfer
 7        Sells or gives a firearm of any size to any person he  or
 8        she  knows or has reasonable cause to believe is under 18
 9        years of age who does not possess a valid Firearm Owner's
10        Identification Card.
11        (i-5)  While holding a  license  under  the  Federal  Gun
12    Control  Act  of  1968, transfers or possesses with intent to
13    transfer more than one  handgun  to  any  person  within  any
14    30-day  period  or  transfers  or  possesses  with  intent to
15    transfer a handgun to any person  he  or  she  knows  or  has
16    reasonable cause to believe has received a handgun within the
17    previous  30  days unless the receipt of multiple handguns is
18    exempted under subsection (c) or (d) of Section 24-3.1A.   It
19    is  an  affirmative defense to a violation of this subsection
20    that the transferor in good faith relied on  the  records  of
21    the  Department  of  State  Police  in  concluding  that  the
22    transferor  had not transferred a handgun within the previous
23    30  days  or  that  multiple  purchases  were  authorized  by
24    subsection (b) of Section 24-3.1A, or relied in good faith on
25    the records of  a  local  law  enforcement  agency  that  the
26    transfer was authorized by subsection (c) of Section 24-3.1A.
27        (B)  Paragraph  (h)  of  subsection  (A) does not include
28    firearms sold within 6 months after enactment of  Public  Act
29    78-355 (approved August 21, 1973, effective October 1, 1973),
30    nor  is any firearm legally owned or possessed by any citizen
31    or purchased  by  any  citizen  within  6  months  after  the
32    enactment  of  Public  Act  78-355 subject to confiscation or
33    seizure under the provisions of that Public Act.  Nothing  in
34    Public  Act 78-355 shall be construed to prohibit the gift or
 
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 1    trade of any firearm if that  firearm  was  legally  held  or
 2    acquired  within  6 months after the enactment of that Public
 3    Act.
 4        (B-5)  As used in  this  Section,  "transfer"  means  the
 5    actual   or  attempted  transfer  of  a  firearm  or  firearm
 6    ammunition, with  or  without  consideration,  but  does  not
 7    include   the  lease  of  a  firearm,  or  the  provision  of
 8    ammunition specifically for that firearm, if the firearm  and
 9    the  ammunition  are to be used on the lessor's premises, and
10    does  not  include  any  transfer  of  possession  when   the
11    transferor maintains supervision and control over the firearm
12    or ammunition.
13        (B-10)  It  is  an  affirmative defense to a violation of
14    paragraph (i-5)  of  subsection  (A)  that  the  transfer  or
15    possession  with  intent  to  transfer  of a firearm was to a
16    transferee who received the firearm as an heir,  legatee,  or
17    beneficiary  of or in a similar capacity to a deceased person
18    who had owned the firearm.  Nothing in this paragraph  (B-10)
19    makes  lawful  any  transfer  or  possession  with  intent to
20    transfer of a firearm, or any other possession or  use  of  a
21    firearm,  in violation of any law, other than paragraph (i-5)
22    of subsection (A), or in violation of any municipal or county
23    ordinance.
24        (C)  Sentence.
25             (1)  Any person convicted of unlawful transfer  sale
26        of  firearms  in  violation of any of paragraph (c), (e),
27        (f), (g), or paragraphs (c) through (h) of subsection (A)
28        commits a  Class  4  felony.  A  person  convicted  of  a
29        violation  of  subsection (i-5) of subsection (A) of this
30        Section commits a Class A misdemeanor for a first offense
31        and a Class 4 felony for a second or subsequent offense.
32             (2)  Any person convicted of unlawful transfer  sale
33        of  firearms in violation of paragraph (b), (b-5), or (i)
34        of subsection (A) commits a Class 3 felony.
 
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 1             (3)  Any person convicted of unlawful transfer  sale
 2        of  firearms  in violation of paragraph (a) of subsection
 3        (A) commits a Class 2 felony.
 4             (4)  Any person convicted of unlawful transfer  sale
 5        of firearms in violation of paragraph (a), (b), (b-5), or
 6        (i) of subsection (A) in any school, on the real property
 7        comprising  a  school,  within  1,000  feet  of  the real
 8        property  comprising  a  school,  at  a  school   related
 9        activity,  or  on  or within 1,000 feet of any conveyance
10        owned, leased,  or  contracted  by  a  school  or  school
11        district  to  transport  students  to or from school or a
12        school related activity, regardless of the time of day or
13        time of year at which the offense was committed,  commits
14        a  Class  1  felony.  Any person convicted of a second or
15        subsequent  violation  of  unlawful  transfer   sale   of
16        firearms  in  violation  of paragraph (a), (b), (b-5), or
17        (i) of subsection (A) in any school, on the real property
18        comprising a  school,  within  1,000  feet  of  the  real
19        property   comprising  a  school,  at  a  school  related
20        activity, or on or within 1,000 feet  of  any  conveyance
21        owned,  leased,  or  contracted  by  a  school  or school
22        district to transport students to or  from  school  or  a
23        school related activity, regardless of the time of day or
24        time  of year at which the offense was committed, commits
25        a Class 1 felony for which the sentence shall be  a  term
26        of  imprisonment of no less than 5 years and no more than
27        15 years.
28             (5)  Any person convicted of unlawful transfer  sale
29        of  firearms  in  violation  of  paragraph  (a) or (i) of
30        subsection (A) in residential property  owned,  operated,
31        or  managed  by  a  public  housing agency or leased by a
32        public housing agency as part  of  a  scattered  site  or
33        mixed-income   development,   in  a  public  park,  in  a
34        courthouse, on residential property owned,  operated,  or
 
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 1        managed  by a public housing agency or leased by a public
 2        housing  agency  as  part  of   a   scattered   site   or
 3        mixed-income development, on the real property comprising
 4        any  public  park,  on  the  real property comprising any
 5        courthouse, or on any public way within 1,000 feet of the
 6        real property comprising any public park, courthouse,  or
 7        residential  property  owned,  operated,  or managed by a
 8        public housing agency  or  leased  by  a  public  housing
 9        agency  as  part  of  a  scattered  site  or mixed-income
10        development commits a Class 2 felony.
11             (6)  A person  convicted  of  unlawful  transfer  of
12        firearms  in violation of paragraph (d) of subsection (A)
13        commits a Class 2 felony.
14        (D)  For purposes of this Section:
15        "School"  means  a  public  or  private   elementary   or
16    secondary school, community college, college, or university.
17        "School  related  activity"  means  any sporting, social,
18    academic, or other activity for which students' attendance or
19    participation is sponsored, organized, or funded in whole  or
20    in part by a school or school district.
21    (Source:  P.A.  91-12,  eff.  1-1-00;  91-673, eff. 12-22-99;
22    91-696, eff. 4-13-00.)

23        (720 ILCS 5/24-3.1A new)
24        Sec. 24-3.1A.  Unlawful acquisition of handguns.
25        (a)  Except as exempted in subsections (b) and (c), it is
26    unlawful for any person other than a person holding a license
27    under the Federal Gun Control Act of  1968,  as  amended,  to
28    acquire more than one handgun within any 30-day period.
29        (b)  Acquisitions  in  excess  of  one  handgun  within a
30    30-day period may be made  upon  completion  of  an  enhanced
31    background  check,  as  described in this Section, by special
32    application to the Department of  State  Police  listing  the
33    number  and  type  of handguns to be acquired and transferred
 
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 1    for lawful business or personal use, in a  collector  series,
 2    for  collections,  as  a bulk purchase from estate sales, and
 3    for similar purposes. The application must  be  signed  under
 4    oath  by the applicant on forms provided by the Department of
 5    State Police, must state  the  purpose  for  the  acquisition
 6    above  the  limit,  and  must  require  satisfactory proof of
 7    residency and identity.  The application is  in  addition  to
 8    the  firearms  transfer  report  required  by  the  Bureau of
 9    Alcohol, Tobacco and Firearms (ATF). The  Director  of  State
10    Police  shall  adopt rules, under the Illinois Administrative
11    Procedure Act,  for  the  implementation  of  an  application
12    process for acquisitions of handguns above the limit.
13        Upon  being  satisfied  that these requirements have been
14    met, the Department of State Police must forthwith  issue  to
15    the applicant a nontransferable certificate that is valid for
16    7  days  from  the  date  of  issue.  The certificate must be
17    surrendered to the transferor by the  prospective  transferee
18    before  the  consummation of the transfer and must be kept on
19    file at the transferor's place of business for inspection  as
20    provided  in  Section  24-4.  Upon  request  of any local law
21    enforcement agency, and under its rules,  the  Department  of
22    State  Police may certify the local law enforcement agency to
23    serve  as  its  agent  to  receive  applications  and,   upon
24    authorization  by  the  Department  of  State  Police,  issue
25    certificates  forthwith  under this Section. Applications and
26    certificates issued under this Section must be maintained  as
27    records by the Department of State Police, and made available
28    to local law enforcement agencies.
29        (c)  This Section does not apply to:
30             (1)  A law enforcement agency;
31             (2)  State   and  local  correctional  agencies  and
32        departments;
33             (3)  The acquisition of antique firearms as  defined
34        by  paragraph  (4)  of  Section 1.1 of the Firearm Owners
 
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 1        Identification Card Act; or
 2             (4)  A   person   whose   handgun   is   stolen   or
 3        irretrievably  lost  who  deems  it  essential  that  the
 4        handgun be replaced immediately.  The person may  acquire
 5        another  handgun,  even  if  the  person  has  previously
 6        acquired  a  handgun  within a 30-day period, if: (i) the
 7        person provides the firearms transferor with  a  copy  of
 8        the  official  police report or a summary of the official
 9        police report, on forms provided  by  the  Department  of
10        State  Police,  from the law enforcement agency that took
11        the report of  the  lost  or  stolen  handgun;  (ii)  the
12        official  police report or summary of the official police
13        report contains the  name  and  address  of  the  handgun
14        owner,  the description and serial number of the handgun,
15        the location of the loss or theft, the date of  the  loss
16        or  theft, and the date the loss or theft was reported to
17        the law enforcement agency; and (iii)  the  date  of  the
18        loss  or theft as reflected on the official police report
19        or summary of the official police report occurred  within
20        30  days  of the person's attempt to replace the handgun.
21        The  firearms  transferor  must  attach  a  copy  of  the
22        official police report or summary of the official  police
23        report  to  the original copy of the form provided by the
24        Department of State Police completed for the transaction,
25        retain it for the period prescribed by the Department  of
26        State  Police, and forward a copy of the documents to the
27        Department  of  State  Police.   The  documents  must  be
28        maintained by the Department of  State  Police  and  made
29        available to local law enforcement agencies.
30        (d)  For the purposes of this Section, "acquisition" does
31    not  include  the  exchange  or replacement of a handgun by a
32    transferor for a handgun transferred from the  transferor  by
33    the  same  person  seeking the exchange or replacement within
34    the 30-day period immediately preceding the date of  exchange
 
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 1    or replacement.
 2        (e)  The  exemptions set forth in subsections (b) and (c)
 3    are affirmatives defenses to a violation of subsection (a).
 4        (f)  A violation of this Section is a Class A misdemeanor
 5    for a first offense and a Class 4  felony  for  a  second  or
 6    subsequent offense.