Illinois General Assembly

Previous General Assemblies

Full Text of HB2579  93rd General Assembly

HB2579sam001 93rd General Assembly


093_HB2579sam001

 










                                     LRB093 10944 RLC 15859 a

 1                    AMENDMENT TO HOUSE BILL 2579

 2        AMENDMENT NO.     .  Amend House Bill 2579  by  replacing
 3    the title with the following:

 4        "AN ACT in relation to criminal law."; and

 5    by  replacing  everything  after the enacting clause with the
 6    following:

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

 9        (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
10        Sec. 24-3.  Unlawful Sale of Firearms.
11        (A)  A  person  commits  the  offense of unlawful sale of
12    firearms when he or she knowingly does any of the following:
13             (a)  Sells or gives any firearm of a size which  may
14        be concealed upon the person to any person under 18 years
15        of age.
16             (b)  Sells or gives any firearm to a person under 21
17        years  of  age  who  has  been convicted of a misdemeanor
18        other than a traffic offense or adjudged delinquent.
19             (c)  Sells or gives  any  firearm  to  any  narcotic
20        addict.
21             (d)  Sells  or  gives  any firearm to any person who
 
                            -2-      LRB093 10944 RLC 15859 a
 1        has been convicted of a felony under the laws of this  or
 2        any other jurisdiction.
 3             (e)  Sells  or  gives  any firearm to any person who
 4        has been a patient in a mental hospital within the past 5
 5        years.
 6             (f)  Sells or gives any firearms to any  person  who
 7        is mentally retarded.
 8             (g)  Delivers  any  firearm  of  a size which may be
 9        concealed upon the person, incidental to a sale,  without
10        withholding  delivery  of  such  firearm  for at least 72
11        hours after application for its purchase has  been  made,
12        or  delivers  any  rifle,  shotgun  or  other  long  gun,
13        incidental  to  a  sale,  without withholding delivery of
14        such rifle, shotgun or other long gun  for  at  least  24
15        hours  after  application for its purchase has been made.
16        However, this paragraph (g) does not apply  to:  (1)  the
17        sale  of  a  firearm  to  a  law enforcement officer or a
18        person who desires to  purchase  a  firearm  for  use  in
19        promoting  the  public  interest  incident  to his or her
20        employment as a bank guard, armed truck guard,  or  other
21        similar employment; (2) a mail order sale of a firearm to
22        a  nonresident  of  Illinois  under  which the firearm is
23        mailed to a point outside the boundaries of Illinois; (3)
24        the sale of a firearm to a nonresident of Illinois  while
25        at  a  firearm  showing  or  display  recognized  by  the
26        Illinois Department of State Police; or (4) the sale of a
27        firearm  to  a dealer licensed under the Federal Firearms
28        Act of the United States.
29             (h)  While  holding  any  license   as   a   dealer,
30        importer,  manufacturer  or  pawnbroker under the federal
31        Gun Control Act of 1968, manufactures, sells or  delivers
32        to  any  unlicensed  person  a  handgun  having a barrel,
33        slide, frame or receiver which is a die casting  of  zinc
34        alloy  or  any other nonhomogeneous metal which will melt
 
                            -3-      LRB093 10944 RLC 15859 a
 1        or deform at a  temperature  of  less  than  800  degrees
 2        Fahrenheit.    For   purposes   of  this  paragraph,  (1)
 3        "firearm"  is  defined   as   in   the   Firearm   Owners
 4        Identification  Card Act; and (2) "handgun" is defined as
 5        a firearm designed to be held and fired by the use  of  a
 6        single  hand,  and  includes  a combination of parts from
 7        which such a firearm can be assembled.
 8             (i)  Sells or gives a firearm of  any  size  to  any
 9        person under 18 years of age who does not possess a valid
10        Firearm Owner's Identification Card.
11             (i-5)  While holding a license under the Federal Gun
12        Control Act of 1968, sells or gives more than one handgun
13        to  any person within any 30-day period or sells or gives
14        a handgun to any person he or she knows has  purchased  a
15        handgun  within  the previous 30 days unless the purchase
16        of multiple handguns is exempted under subsection (c)  or
17        (d)  of  Section  24-3.1A.  It is not a violation of this
18        subsection that the seller in good faith  relied  on  the
19        records  of  the Department of State Police in concluding
20        that the seller had not transferred a handgun within  the
21        previous   30   days  or  that  multiple  purchases  were
22        authorized by  subsection  (b)  of  Section  24-3.1A,  or
23        relied  in  good  faith  on  the  records  of a local law
24        enforcement  agency  that  the  sale  was  authorized  by
25        subsection (c) of Section 24-3.1A.
26        (B)  Paragraph (h) of subsection  (A)  does  not  include
27    firearms  sold  within 6 months after enactment of Public Act
28    78-355 (approved August 21, 1973, effective October 1, 1973),
29    nor is any firearm legally owned or possessed by any  citizen
30    or  purchased  by  any  citizen  within  6  months  after the
31    enactment of Public Act 78-355  subject  to  confiscation  or
32    seizure  under the provisions of that Public Act.  Nothing in
33    Public Act 78-355 shall be construed to prohibit the gift  or
34    trade  of  any  firearm  if  that firearm was legally held or
 
                            -4-      LRB093 10944 RLC 15859 a
 1    acquired within 6 months after the enactment of  that  Public
 2    Act.
 3        (B-5)  It  is  not  a  violation  of  paragraph  (i-5) of
 4    subsection (A) that the sale or gift of a firearm  was  to  a
 5    transferee  who  received the firearm as an heir, legatee, or
 6    beneficiary of or in a similar capacity to a deceased  person
 7    who  had  owned the firearm.  Nothing in this paragraph (B-5)
 8    makes lawful the sale or gift of  a  firearm,  or  any  other
 9    possession  or  use  of  a  firearm, in violation of any law,
10    other than paragraph (i-5) of subsection (A), or in violation
11    of any municipal or county ordinance.
12        (C)  Sentence.
13             (1)  Any  person  convicted  of  unlawful  sale   of
14        firearms  in  violation  of any of paragraphs (c) through
15        (h) of subsection (A) commits a Class 4 felony. A  person
16        convicted   of   a   violation  of  subsection  (i-5)  of
17        subsection  (A)  of  this  Section  commits  a  Class   A
18        misdemeanor  for a first offense and a Class 4 felony for
19        a second or subsequent offense.
20             (2)  Any  person  convicted  of  unlawful  sale   of
21        firearms   in  violation  of  paragraph  (b)  or  (i)  of
22        subsection (A) commits a Class 3 felony.
23             (3)  Any  person  convicted  of  unlawful  sale   of
24        firearms  in violation of paragraph (a) of subsection (A)
25        commits a Class 2 felony.
26             (4)  Any  person  convicted  of  unlawful  sale   of
27        firearms  in  violation  of paragraph (a), (b), or (i) of
28        subsection (A)  in  any  school,  on  the  real  property
29        comprising  a  school,  within  1,000  feet  of  the real
30        property  comprising  a  school,  at  a  school   related
31        activity,  or  on  or within 1,000 feet of any conveyance
32        owned, leased,  or  contracted  by  a  school  or  school
33        district  to  transport  students  to or from school or a
34        school related activity, regardless of the time of day or
 
                            -5-      LRB093 10944 RLC 15859 a
 1        time of year at which the offense was committed,  commits
 2        a  Class  1  felony.  Any person convicted of a second or
 3        subsequent violation of  unlawful  sale  of  firearms  in
 4        violation of paragraph (a), (b), or (i) of subsection (A)
 5        in  any school, on the real property comprising a school,
 6        within 1,000 feet  of  the  real  property  comprising  a
 7        school,  at  a  school  related activity, or on or within
 8        1,000 feet of any conveyance owned, leased, or contracted
 9        by a school or school district to transport  students  to
10        or  from  school or a school related activity, regardless
11        of the time of day or time of year at which  the  offense
12        was  committed,  commits  a  Class 1 felony for which the
13        sentence shall be a term of imprisonment of no less  than
14        5 years and no more than 15 years.
15             (5)  Any   person  convicted  of  unlawful  sale  of
16        firearms  in  violation  of  paragraph  (a)  or  (i)   of
17        subsection  (A)  in residential property owned, operated,
18        or managed by a public housing  agency  or  leased  by  a
19        public  housing  agency  as  part  of a scattered site or
20        mixed-income  development,  in  a  public  park,   in   a
21        courthouse,  on  residential property owned, operated, or
22        managed by a public housing agency or leased by a  public
23        housing   agency   as   part   of  a  scattered  site  or
24        mixed-income development, on the real property comprising
25        any public park, on  the  real  property  comprising  any
26        courthouse, or on any public way within 1,000 feet of the
27        real  property comprising any public park, courthouse, or
28        residential property owned, operated,  or  managed  by  a
29        public  housing  agency  or  leased  by  a public housing
30        agency as  part  of  a  scattered  site  or  mixed-income
31        development commits a Class 2 felony.
32             (6)  A person convicted of unlawful sale of firearms
33        in violation of paragraph (d) of subsection (A) commits a
34        Class 2 felony.
 
                            -6-      LRB093 10944 RLC 15859 a
 1        (D)  For purposes of this Section:
 2        "School"   means   a  public  or  private  elementary  or
 3    secondary school, community college, college, or university.
 4        "School related activity"  means  any  sporting,  social,
 5    academic, or other activity for which students' attendance or
 6    participation  is sponsored, organized, or funded in whole or
 7    in part by a school or school district.
 8    (Source: P.A. 91-12,  eff.  1-1-00;  91-673,  eff.  12-22-99;
 9    91-696, eff. 4-13-00.)

10        (720 ILCS 5/24-3.1A new)
11        Sec. 24-3.1A.  Unlawful acquisition of handguns.
12        (a)  Except as exempted in subsections (b) and (c), it is
13    unlawful for any person other than a person holding a license
14    under  the  Federal  Gun  Control Act of 1968, as amended, to
15    acquire more than one handgun within any 30-day period.
16        (b)  Acquisitions in  excess  of  one  handgun  within  a
17    30-day  period  may  be  made  upon completion of an enhanced
18    background check, as described in this  Section,  by  special
19    application  to  the  Department  of State Police listing the
20    number and type of handguns to be  acquired  and  transferred
21    for  lawful  business  or personal use in a collector series,
22    for collections, as a bulk purchase from  estate  sales,  and
23    for  similar  purposes.  The application must be signed under
24    oath by the applicant on forms provided by the Department  of
25    State  Police,  must  state  the  purpose for the acquisition
26    above the limit,  and  must  require  satisfactory  proof  of
27    residency  and  identity.   The application is in addition to
28    the firearms  transfer  report  required  by  the  Bureau  of
29    Alcohol,  Tobacco  and  Firearms (ATF). The Director of State
30    Police shall adopt rules, under the  Illinois  Administrative
31    Procedure  Act,  for  the  implementation  of  an application
32    process for acquisitions of handguns above the limit.
33        Upon being satisfied that these  requirements  have  been
 
                            -7-      LRB093 10944 RLC 15859 a
 1    met,  the  Department of State Police must forthwith issue to
 2    the applicant a nontransferable certificate that is valid for
 3    7 days from the  date  of  issue.  The  certificate  must  be
 4    surrendered  to  the transferor by the prospective transferee
 5    before the consummation of the transfer and must be  kept  on
 6    file  at the transferor's place of business for inspection as
 7    provided in Section 24-4.  Upon  request  of  any  local  law
 8    enforcement  agency,  and  under its rules, the Department of
 9    State Police may certify the local law enforcement agency  to
10    serve   as  its  agent  to  receive  applications  and,  upon
11    authorization  by  the  Department  of  State  Police,  issue
12    certificates forthwith under this Section.  Applications  and
13    certificates  issued under this Section must be maintained as
14    records by the Department of State Police, and made available
15    to local law enforcement agencies.
16        (c)  This Section does not apply to:
17             (1)  A law enforcement agency;
18             (2)  State  and  local  correctional  agencies   and
19        departments;
20             (3)  The  acquisition of antique firearms as defined
21        by paragraph (4) of Section 1.1  of  the  Firearm  Owners
22        Identification Card Act; or
23             (4)  A   person   whose   handgun   is   stolen   or
24        irretrievably  lost  who  deems  it  essential  that  the
25        handgun  be replaced immediately.  The person may acquire
26        another  handgun,  even  if  the  person  has  previously
27        acquired a handgun within a 30-day period,  if:  (i)  the
28        person  provides  the  firearms transferor with a copy of
29        the official police report or a summary of  the  official
30        police  report,  on  forms  provided by the Department of
31        State Police, from the law enforcement agency  that  took
32        the  report  of  the  lost  or  stolen  handgun; (ii) the
33        official police report or summary of the official  police
34        report  contains  the  name  and  address  of the handgun
 
                            -8-      LRB093 10944 RLC 15859 a
 1        owner, the description and serial number of the  handgun,
 2        the  location  of the loss or theft, the date of the loss
 3        or theft, and the date the loss or theft was reported  to
 4        the  law  enforcement  agency;  and (iii) the date of the
 5        loss or theft as reflected on the official police  report
 6        or  summary of the official police report occurred within
 7        30 days of the person's attempt to replace  the  handgun.
 8        The  firearms  transferor  must  attach  a  copy  of  the
 9        official  police report or summary of the official police
10        report to the original copy of the form provided  by  the
11        Department of State Police completed for the transaction,
12        retain  it for the period prescribed by the Department of
13        State Police, and forward a copy of the documents to  the
14        Department  of  State  Police.   The  documents  must  be
15        maintained  by  the  Department  of State Police and made
16        available to local law enforcement agencies.
17        (d)  For the purposes of this Section, "acquisition" does
18    not include the exchange or replacement of a  handgun  within
19    the  30-day period immediately preceding the date of exchange
20    or replacement.
21        (e)  A violation of this Section is a Class A misdemeanor
22    for a first offense and a Class 4  felony  for  a  second  or
23    subsequent offense.".