HB2861eng 95TH GENERAL ASSEMBLY

HB2861 Engrossed LRB095 06092 RLC 26185 b

AN ACT concerning criminal law.

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

Section 5. The Criminal Code of 1961 is amended by adding Sections 24-3.5-1 and 24-3.7 as follows:

(720 ILCS 5/24-3.5-1 new)

Sec. 24-3.5-1. Sale or gift of firearm to persons ineligible. A person is guilty of a Class X felony if he or she:

(1) has been convicted of the offense of unlawful purchase of a firearm under Section 24-3.5 of this Code; and

(2) sells or gives a firearm to any person not eligible to own or possess a firearm under State or federal law; and

(3) the person who is not eligible to own or possess a firearm under State or federal law either commits a forcible felony or an act of armed violence under Article 33A of this Code.

(720 ILCS 5/24-3.7 new)

Sec. 24-3.7. Unlawful transfer of a firearm.

(a) A person commits the offense of unlawful transfer of a firearm when he or she is not eligible to own or possess a firearm under State or federal law and sells or gives a firearm to another person who is not eligible to own or possess a firearm under State or federal law and that person who is not eligible to own or possess a firearm under State or federal law does any of the following acts:

(1) commits a forcible felony;

(2) commits an act of armed violence under Article 33A of this Code; or

(3) possesses the firearm while in possession of any controlled substance.

(b) Sentence. Unlawful transfer of a firearm is a Class X felony.