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91_HB4076
LRB9111821RCks
1 AN ACT to amend the Criminal Code of 1961 by changing
2 Section 24-3 and adding Section 24-3.1A.
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 changing Section 24-3 and adding Section 24-3.1A as follows:
7 (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
8 Sec. 24-3. Unlawful transfer Sale of Firearms.
9 (A) A person commits the offense of unlawful transfer
10 sale of firearms when he or she knowingly does any of the
11 following:
12 (a) Transfers or possesses with intent to transfer
13 Sells or gives any firearm of a size which may be
14 concealed upon the person to any person he or she has
15 reasonable cause to believe is under 18 years of age.; or
16 (b) Transfers or possesses with intent to transfer
17 Sells or gives any firearm to a person he or she has
18 reasonable cause to believe is under 21 years of age who
19 has been convicted of a misdemeanor other than a traffic
20 offense or adjudged delinquent.; or
21 (c) Transfers or possesses with intent to transfer
22 Sells or gives any firearm to any person he or she has
23 reasonable cause to believe is a narcotic addict.; or
24 (d) Transfers or possesses with intent to transfer
25 Sells or gives any firearm to any person he or she has
26 reasonable cause to believe who has been convicted of a
27 felony under the laws of this or any other jurisdiction.;
28 or
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.; or
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.; or
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 shall not
15 apply 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; or (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; or (3) the sale of a firearm to a nonresident
23 of Illinois while at a firearm showing or display
24 recognized by the Illinois Department of State Police; or
25 (4) the sale of a firearm to a dealer licensed under the
26 Federal Firearms Act of the United States.; or
27 (h) While holding any license under the federal
28 "Gun Control Act of 1968", as amended, as a dealer,
29 importer, manufacturer or pawnbroker under the federal
30 Gun Control Act of 1968,; manufactures, sells or delivers
31 to any unlicensed person a handgun having a barrel,
32 slide, frame or receiver which is a die casting of zinc
33 alloy or any other nonhomogeneous metal which will melt
34 or deform at a temperature of less than 800 degrees
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1 Fahrenheit. For purposes of this paragraph, (1)
2 "firearm" is defined as in the Firearm Owners
3 Identification Card Act "An Act relating to the
4 acquisition, possession and transfer of firearms and
5 firearm ammunition, to provide a penalty for the
6 violation thereof and to make an appropriation in
7 connection therewith", approved August 3, 1967, as
8 amended; and (2) "handgun" is defined as a firearm
9 designed to be held and fired by the use of a single
10 hand, and includes a combination of parts from which such
11 a firearm can be assembled.; or
12 (i) Transfers or possesses with intent to transfer
13 Sells or gives a firearm of any size to any person he or
14 she knows or has reasonable cause to believe is under 18
15 years of age who does not possess a valid Firearm Owner's
16 Identification Card; or .
17 (i-5) While holding a license under the Federal Gun
18 Control Act of 1968, sells or possesses with intent to
19 sell more than one handgun to any person within any 30
20 day period or sells or possesses with intent to sell a
21 handgun to any person he or she knows or has reasonable
22 cause to believe has purchased or has been given a
23 handgun within the previous 30 days unless the purchase
24 of multiple handguns is authorized under subsection (c)
25 or (d) of Section 24-3.1A. It is an affirmative defense
26 to a violation of this subsection that the seller in good
27 faith relied on the records of the Department of State
28 Police in concluding that the purchaser had not purchased
29 a handgun within the previous 30 days or that multiple
30 purchases were authorized by subsection (b) of Section
31 24-3.1A, or relied in good faith on the records of a
32 local law enforcement agency that the sale was authorized
33 by subsection (c) of Section 24-3.1A.
34 (A-5) As used in this Section, "transfer" means the
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1 actual or attempted transfer of a firearm or firearm
2 ammunition, with or without consideration, but does not
3 include the lease of a firearm, or the provision of
4 ammunition specifically for that firearm, if the firearm and
5 the ammunition are to be used on the lessor's premises, and
6 does not include any transfer of possession when the
7 transferor maintains supervision and control over the firearm
8 or ammunition.
9 (A-10) Paragraph (i-5) of subsection (A) does not apply
10 to the transfer or possession with intent to transfer of a
11 firearm to a transferee who receives the firearm as an heir,
12 legatee, or beneficiary of or in a similar capacity to a
13 deceased person who had owned the firearm. Nothing in this
14 subsection (A-10) makes lawful any sale or possession with
15 intent to transfer of a firearm, or any other possession or
16 use of a firearm, in violation of any law, other than
17 paragraph (i-5) of subsection (A), or in violation of any
18 municipal or county ordinance.
19 (B) (j) Paragraph (h) of subsection (A) does this
20 Section shall not include firearms sold within 6 months after
21 enactment of Public Act 78-355 (approved August 21, 1973,
22 effective October 1, 1973) this amendatory Act of 1973, nor
23 is shall any firearm legally owned or possessed by any
24 citizen or purchased by any citizen within 6 months after the
25 enactment of Public Act 78-355 this amendatory Act of 1973 be
26 subject to confiscation or seizure under the provisions of
27 that Public this amendatory Act of 1973. Nothing in Public
28 Act 78-355 this amendatory Act of 1973 shall be construed to
29 prohibit the gift or trade of any firearm if that firearm was
30 legally held or acquired within 6 months after the enactment
31 of that Public this amendatory Act of 1973.
32 (C) (k) Sentence.
33 (1) Any person convicted of unlawful transfer sale
34 of firearms in violation of any of paragraphs (c), (e),
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1 (f), (g), or through (h) of subsection (A) commits a
2 Class 4 felony. A person convicted of a violation of
3 paragraph (i-5) of subsection (A) commits a Class A
4 misdemeanor for a first offense and a Class 4 felony for
5 a second or subsequent offense.
6 (2) Any person convicted of unlawful transfer sale
7 of firearms in violation of paragraph (b) or (i) of
8 subsection (A) commits a Class 3 felony.
9 (3) Any person convicted of unlawful transfer sale
10 of firearms in violation of paragraph (a) of subsection
11 (A) commits a Class 2 felony.
12 (4) Any person convicted of unlawful transfer sale
13 of firearms in violation of paragraph (a), (b), or (i) of
14 subsection (A) in any school, on the real property
15 comprising a school, within 1,000 feet of the real
16 property comprising a school, at a school related
17 activity, or on or within 1,000 feet of any conveyance
18 owned, leased, or contracted by a school or school
19 district to transport students to or from school or a
20 school related activity, regardless of the time of day or
21 time of year at which that the offense was committed,
22 commits a Class 1 felony. Any person convicted of a
23 second or subsequent violation of unlawful transfer sale
24 of firearms in violation of paragraph (a), (b), or (i) of
25 subsection (A) in any school, on the real property
26 comprising a school, within 1,000 feet of the real
27 property comprising a school, at a school related
28 activity, or on or within 1,000 feet of any conveyance
29 owned, leased, or contracted by a school or school
30 district to transport students to or from school or a
31 school related activity, regardless of the time of day or
32 time of year at which that the offense was committed,
33 commits a Class 1 felony for which the sentence shall be
34 a term of imprisonment of no less than 5 years and no
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1 more than 15 years.
2 (5) Any person convicted of unlawful transfer sale
3 of firearms in violation of paragraph (a) or (i) of
4 subsection (A) in residential property owned, operated,
5 or managed by a public housing agency or leased by a
6 public housing agency as part of a scattered site or
7 mixed-income development, in a public park, in a
8 courthouse, on residential property owned, operated, or
9 managed by a public housing agency or leased by a public
10 housing agency as part of a scattered site or
11 mixed-income development, on the real property comprising
12 any public park, on the real property comprising any
13 courthouse, or on any public way within 1,000 feet of the
14 real property comprising any public park, courthouse, or
15 residential property owned, operated, or managed by a
16 public housing agency or leased by a public housing
17 agency as part of a scattered site or mixed-income
18 development commits a Class 2 felony.
19 (6) A person convicted of unlawful transfer of
20 firearms in violation of paragraph (d) of subsection (A)
21 commits a Class 2 felony.
22 (D) For purposes of this Section:
23 "School" means a public or private elementary or
24 secondary school, community college, college, or university.
25 "School related activity" means any sporting, social,
26 academic, or other activity for which students' attendance or
27 participation is sponsored, organized, or funded in whole or
28 in part by a school or school district.
29 (Source: P.A. 91-12, eff. 1-1-00; 91-673, eff. 12-22-99;
30 revised 1-7-00.)
31 (720 ILCS 5/24-3.1A new)
32 Sec. 24-3.1A. Unlawful purchase of handguns.
33 (a) Except as provided in subsections (b) and (c), it
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1 shall be unlawful for any person other than a person holding
2 a license under the Federal Gun Control Act of 1968, as
3 amended, to purchase more than one handgun within any 30-day
4 period.
5 (b) Purchases in excess of one handgun within a 30-day
6 period may be made upon completion of an enhanced background
7 check, as described herein, by special application to the
8 Department of State Police listing the number and type of
9 handguns to be purchased and transferred for lawful business
10 or personal use, in a collector series, for collections, as a
11 bulk purchase from estate sales and for similar purposes.
12 Such applications shall be signed under oath by the applicant
13 on forms provided by the Department of State Police, shall
14 state the purpose for the purchase above the limit, and shall
15 require satisfactory proof of residency and identity. Such
16 application shall be in addition to the firearms sales report
17 required by the Bureau of Alcohol, Tobacco and Firearms
18 (ATF). The Director of State Police shall promulgate rules,
19 pursuant to the Illinois Administrative Procedure Act, for
20 the implementation of an application process for purchases of
21 handguns above the limit.
22 Upon being satisfied that these requirements have been
23 met, the Department of State Police shall forthwith issue to
24 the applicant a nontransferable certificate which shall be
25 valid for 7 days from the date of issue. The certificate
26 shall be surrendered to the dealer by the prospective
27 purchaser prior to the consummation of such sale and shall be
28 kept on file at the dealer's place of business for inspection
29 as provided in Section 24-4. Upon request of any local law
30 enforcement agency, and pursuant to its rules, the Department
31 of State Police may certify such local law enforcement agency
32 to serve as its agent to receive applications and, upon
33 authorization by the Department of State Police, issue
34 certificates forthwith pursuant to this Section. Applications
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1 and certificates issued under this Section shall be
2 maintained as records by the Department of State Police, and
3 shall be made available to local law enforcement agencies all
4 records concerning certificates issued pursuant to this
5 Section.
6 (c) The provisions of this Section shall not apply to:
7 (1) A law enforcement agency;
8 (2) State and local correctional agencies and
9 departments;
10 (3) The purchase of antique firearms as defined by
11 paragraph (4) of Section 1.1 of the Firearm Owners
12 Identification Card Act; or
13 (4) A person whose handgun is stolen or
14 irretrievably lost who deems it essential that such
15 handgun be replaced immediately. Such person may purchase
16 another handgun, even if the person has previously
17 purchased a handgun within a 30-day period, provided (i)
18 the person provides the firearms dealer with a copy of
19 the official police report or a summary thereof, on forms
20 provided by the Department of State Police, from the law
21 enforcement agency that took the report of the lost or
22 stolen handgun; (ii) the official police report or
23 summary thereof contains the name and address of the
24 handgun owner, the description of the handgun, the
25 location of the loss or theft, the date of the loss or
26 theft, and the date the loss or theft was reported to the
27 law enforcement agency; and (iii) the date of the loss or
28 theft as reflected on the official police report or
29 summary thereof occurred within 30 days of the person's
30 attempt to replace the handgun. The firearms dealer shall
31 attach a copy of the official police report or summary
32 thereof to the original copy of the form provided by the
33 Department of State Police completed for the transaction,
34 retain it for the period prescribed by the Department of
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1 State Police, and forward a copy of the documents to the
2 Department of State Police. Such documents shall be
3 maintained by the Department of State Police and shall be
4 made available to local law enforcement agencies.
5 (d) For the purposes of this Section, "purchase" shall
6 not include the exchange or replacement of a handgun by a
7 seller for a handgun purchased from such seller by the same
8 person seeking the exchange or replacement within the 30-day
9 period immediately preceding the date of exchange or
10 replacement.
11 (e) A violation of this Section is a Class A misdemeanor
12 for a first offense and a Class 4 felony for a second or
13 subsequent offense.