Illinois General Assembly - Full Text of HB3789
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Full Text of HB3789  102nd General Assembly

HB3789 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3789

 

Introduced 2/22/2021, by Rep. Margaret Croke

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/24-9.6 new

    Amends the Criminal Code of 2012. Provides that an owner of a handgun possessed before the effective date of the amendatory Act must make an application to register the handgun with the Director of the Illinois State Police, in the manner provided by the Director. Provides that registration information shall include the registrant's name, date of birth, gender, race, residential address, social security number, and a description of each handgun being registered. provides that a registration of any handgun shall be transferable if the seller notifies the Illinois State Police within 72 hours of the transfer and the buyer provides the Illinois State Police with information sufficient to constitute a registration under this provision. Provides that the registration shall not be valid if the registrant is prohibited or becomes prohibited from possessing a firearm under State or federal law. Provides that the Director shall determine whether the registrant is prohibited from possessing a firearm under State or federal law. Provides that the check shall be limited to determining whether the factors listed in the federal Gun Control Act of 1968 apply or whether a registrant has been convicted of a forcible felony, so as to prohibit the registrant from possessing a firearm, and whether notification to the Illinois State Police has been made under the Firearm Owners Identification Card Act. Provides that all registrants shall recertify to the Illinois State Police every 5 years thereafter. Provides that failure to recertify shall result in a revocation of the registration. Provides that a violation is a Class A misdemeanor.


LRB102 12038 RLC 17374 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB3789LRB102 12038 RLC 17374 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 2012 is amended by adding
5Section 24-9.6 as follows:
 
6    (720 ILCS 5/24-9.6 new)
7    Sec. 24-9.6. Registration of handguns.
8    (a) In this Section, "handgun" means any device which is
9designed to expel a projectile or projectiles by the action of
10an explosion, expansion of gas, or escape of gas that is
11designed to be held and fired by the use of a single hand.
12"Handgun" does not include:
13        (1) a stun gun or taser;
14        (2) a machine gun as defined in item (i) of paragraph
15    (7) of subsection (a) of Section 24-1 of the Criminal Code
16    of 2012;
17        (3) a short-barreled rifle or shotgun as defined in
18    item (ii) of paragraph (7) of subsection (a) of Section
19    24-1 of the Criminal Code of 2012; or
20        (4) any pneumatic gun, spring gun, paint ball gun, or
21    B-B gun which expels a single globular projectile not
22    exceeding .18 inch in diameter, or which has a maximum
23    muzzle velocity of less than 700 feet per second, or which

 

 

HB3789- 2 -LRB102 12038 RLC 17374 b

1    expels breakable paint balls containing washable marking
2    colors.
3    (b) An owner of a handgun possessed before the effective
4date of this amendatory Act of the 102nd General Assembly must
5make an application to register the handgun with the Director
6of the Illinois State Police, in the manner provided by the
7Director by rule. Registration information shall include the
8registrant's name, date of birth, gender, race, residential
9address, social security number and the serial number and
10description of each handgun being registered. A registration
11of any handgun shall be transferable if the seller notifies
12the Illinois State Police within 72 hours of the transfer and
13the buyer provides the Illinois State Police with information
14sufficient to constitute a registration under this Section.
15The registration shall not be valid if the registrant is
16prohibited or becomes prohibited from possessing a firearm
17under State or federal law. The Director shall determine
18whether the registrant is prohibited from possessing a firearm
19under State or federal law. The check shall be limited to
20determining whether the factors in 18 USC 922 (g) apply or
21whether a registrant has been convicted of a forcible felony,
22so as to prohibit the registrant from possessing a firearm,
23and whether notification to the Illinois State Police has been
24made under Section 8.1 of the Firearm Owners Identification
25Card Act. All registrants shall recertify to the Illinois
26State Police every 5 years thereafter. Failure to recertify

 

 

HB3789- 3 -LRB102 12038 RLC 17374 b

1shall result in a revocation of the registration.
2    (c) Sentence. A person who transfers a handgun to a person
3in this State without complying with this Section is guilty of
4a Class A misdemeanor.