Illinois General Assembly - Full Text of HB0203
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Full Text of HB0203  97th General Assembly

HB0203eng 97TH GENERAL ASSEMBLY



 


 
HB0203 EngrossedLRB097 05601 RLC 45663 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 1961 is amended by changing
5Section 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 Firearms.
8    (A) A person commits the offense of unlawful transfer sale
9of firearms when he or she knowingly does any of the following:
10        (a) Transfers or possesses with intent to transfer
11    Sells or gives any firearm of a size which may be concealed
12    upon the person to any person he or she has reasonable
13    cause to believe is under 18 years of age.
14        (b) Transfers or possesses with intent to transfer
15    Sells or gives any firearm to a person under 21 years of
16    age who has been convicted of a misdemeanor other than a
17    traffic offense or adjudged delinquent.
18        (b-5) Transfers or possesses with intent to transfer
19    any firearm to a person he or she has reasonable cause to
20    believe is under 18 years of age.
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.

 

 

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1        (d) Transfers or possesses with intent to transfer
2    Sells or gives any firearm to any person he or she has
3    reasonable cause to believe who has been convicted of a
4    felony under the laws of this or any other jurisdiction.
5        (e) Transfers or possesses with intent to transfer
6    Sells or gives any firearm to any person he or she has
7    reasonable cause to believe who has been a patient in a
8    mental hospital within the past 5 years.
9        (f) Transfers or possesses with intent to transfer
10    Sells or gives any firearms to any person he or she knows
11    or has reasonable cause to believe who is mentally
12    retarded.
13        (g) Knowingly transfers Delivers any firearm of a size
14    which may be concealed upon the person, incidental to a
15    sale, without withholding delivery of such firearm for at
16    least 72 hours after application for its purchase has been
17    made, or delivers any rifle, shotgun or other long gun, or
18    a stun gun or taser, incidental to a sale, without
19    withholding delivery of such rifle, shotgun or other long
20    gun, or a stun gun or taser for at least 24 hours after
21    application for its purchase has been made. However, this
22    paragraph (g) does not apply to: (1) the sale of a firearm
23    to a law enforcement officer if the seller of the firearm
24    knows that the person to whom he or she is selling the
25    firearm is a law enforcement officer or the sale of a
26    firearm to a person who desires to purchase a firearm for

 

 

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1    use in promoting the public interest incident to his or her
2    employment as a bank guard, armed truck guard, or other
3    similar employment; (2) a mail order sale of a firearm to a
4    nonresident of Illinois under which the firearm is mailed
5    to a point outside the boundaries of Illinois; (3) the sale
6    of a firearm to a nonresident of Illinois while at a
7    firearm showing or display recognized by the Illinois
8    Department of State Police; or (4) the sale of a firearm to
9    a dealer licensed as a federal firearms dealer under
10    Section 923 of the federal Gun Control Act of 1968 (18
11    U.S.C. 923). For purposes of this paragraph (g),
12    "application" means when the buyer and seller reach an
13    agreement to purchase a firearm.
14        (h) While holding any license as a dealer, importer,
15    manufacturer or pawnbroker under the federal Gun Control
16    Act of 1968, knowingly manufactures, sells or delivers to
17    any unlicensed person a handgun having a barrel, slide,
18    frame or receiver which is a die casting of zinc alloy or
19    any other nonhomogeneous metal which will melt or deform at
20    a temperature of less than 800 degrees Fahrenheit. For
21    purposes of this paragraph, (1) "firearm" is defined as in
22    the Firearm Owners Identification Card Act; and (2)
23    "handgun" is defined as a firearm designed to be held and
24    fired by the use of a single hand, and includes a
25    combination of parts from which such a firearm can be
26    assembled.

 

 

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1        (i) Transfers or possesses with intent to transfer
2    Sells or gives a firearm of any size to any person he or
3    she knows or has reasonable cause to believe is under 18
4    years of age who does not possess a valid Firearm Owner's
5    Identification Card.
6        (i-5) While holding a license under the Federal Gun
7    Control Act of 1968, transfers or possesses with intent to
8    transfer more than one handgun to any person within any
9    30-day period or transfers or possesses with intent to
10    transfer a handgun to any person he or she knows or has
11    reasonable cause to believe has received a handgun within
12    the previous 30 days unless the receipt of multiple
13    handguns is exempted under subsection (c) or (d) of Section
14    24-3.1A. It is an affirmative defense to a violation of
15    this subsection that the transferor in good faith relied on
16    the records of the Department of State Police in concluding
17    that the transferor had not transferred a handgun within
18    the previous 30 days or that multiple purchases were
19    authorized by subsection (b) of Section 24-3.1A, or relied
20    in good faith on the records of a local law enforcement
21    agency that the transfer was authorized by subsection (c)
22    of Section 24-3.1A.
23        (j) Transfers or possesses with intent to transfer
24    Sells or gives a firearm while engaged in the business of
25    selling firearms at wholesale or retail without being
26    licensed as a federal firearms dealer under Section 923 of

 

 

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1    the federal Gun Control Act of 1968 (18 U.S.C. 923). In
2    this paragraph (j):
3        A person "engaged in the business" means a person who
4    devotes time, attention, and labor to engaging in the
5    activity as a regular course of trade or business with the
6    principal objective of livelihood and profit, but does not
7    include a person who makes occasional repairs of firearms
8    or who occasionally fits special barrels, stocks, or
9    trigger mechanisms to firearms.
10        "With the principal objective of livelihood and
11    profit" means that the intent underlying the sale or
12    disposition of firearms is predominantly one of obtaining
13    livelihood and pecuniary gain, as opposed to other intents,
14    such as improving or liquidating a personal firearms
15    collection; however, proof of profit shall not be required
16    as to a person who engages in the regular and repetitive
17    purchase and disposition of firearms for criminal purposes
18    or terrorism.
19        (k) Transfers Sells or transfers ownership of a firearm
20    to a person who does not display to the seller or
21    transferor of the firearm a currently valid Firearm Owner's
22    Identification Card that has previously been issued in the
23    transferee's name by the Department of State Police under
24    the provisions of the Firearm Owners Identification Card
25    Act. This paragraph (k) does not apply to the transfer of a
26    firearm to a person who is exempt from the requirement of

 

 

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1    possessing a Firearm Owner's Identification Card under
2    Section 2 of the Firearm Owners Identification Card Act.
3    For the purposes of this Section, a currently valid Firearm
4    Owner's Identification Card means (i) a Firearm Owner's
5    Identification Card that has not expired or (ii) if the
6    transferor is licensed as a federal firearms dealer under
7    Section 923 of the federal Gun Control Act of 1968 (18
8    U.S.C. 923), an approval number issued in accordance with
9    Section 3.1 of the Firearm Owners Identification Card Act
10    shall be proof that the Firearm Owner's Identification Card
11    was valid.
12    (B) Paragraph (h) of subsection (A) does not include
13firearms sold within 6 months after enactment of Public Act
1478-355 (approved August 21, 1973, effective October 1, 1973),
15nor is any firearm legally owned or possessed by any citizen or
16purchased by any citizen within 6 months after the enactment of
17Public Act 78-355 subject to confiscation or seizure under the
18provisions of that Public Act. Nothing in Public Act 78-355
19shall be construed to prohibit the gift or trade of any firearm
20if that firearm was legally held or acquired within 6 months
21after the enactment of that Public Act.
22    (B-5) As used in this Section, "transfer" means the actual
23or attempted transfer of a firearm or firearm ammunition, with
24or without consideration, but does not include the lease of a
25firearm, or the provision of ammunition specifically for that
26firearm, if the firearm and the ammunition are to be used on

 

 

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1the lessor's premises, and does not include any transfer of
2possession when the transferor maintains supervision and
3control over the firearm or ammunition.
4    (B-10) It is an affirmative defense to a violation of
5paragraph (i-5) of subsection (A) that the transfer or
6possession with intent to transfer of a firearm was to a
7transferee who received the firearm as an heir, legatee, or
8beneficiary of or in a similar capacity to a deceased person
9who had owned the firearm. Nothing in this paragraph (B-10)
10makes lawful any transfer or possession with intent to transfer
11of a firearm, or any other possession or use of a firearm, in
12violation of any law, other than paragraph (i-5) of subsection
13(A), or in violation of any municipal or county ordinance.
14    (C) Sentence.
15        (1) Any person convicted of unlawful transfer sale of
16    firearms in violation of paragraph (c), (e), (f), (g), or
17    (h) of subsection (A) commits a Class 4 felony. A person
18    convicted of a violation of subsection (i-5) of subsection
19    (A) of this Section commits a Class A misdemeanor for a
20    first offense and a Class 4 felony for a second or
21    subsequent offense.
22        (2) Any person convicted of unlawful transfer sale of
23    firearms in violation of paragraph (b), (b-5), or (i) of
24    subsection (A) commits a Class 3 felony.
25        (3) Any person convicted of unlawful transfer sale of
26    firearms in violation of paragraph (a) of subsection (A)

 

 

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1    commits a Class 2 felony.
2        (4) Any person convicted of unlawful transfer sale of
3    firearms in violation of paragraph (a), (b), (b-5), or (i)
4    of subsection (A) in any school, on the real property
5    comprising a school, within 1,000 feet of the real property
6    comprising a school, at a school related activity, or on or
7    within 1,000 feet of any conveyance owned, leased, or
8    contracted by a school or school district to transport
9    students to or from school or a school related activity,
10    regardless of the time of day or time of year at which the
11    offense was committed, commits a Class 1 felony. Any person
12    convicted of a second or subsequent violation of unlawful
13    transfer sale of firearms in violation of paragraph (a),
14    (b), (b-5), or (i) of subsection (A) in any school, on the
15    real property comprising a school, within 1,000 feet of the
16    real 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 district
19    to transport students to or from school or a school related
20    activity, regardless of the time of day or time of year at
21    which the offense was committed, commits a Class 1 felony
22    for which the sentence shall be a term of imprisonment of
23    no less than 5 years and no more than 15 years.
24        (5) Any person convicted of unlawful transfer sale of
25    firearms in violation of paragraph (a) or (i) of subsection
26    (A) in residential property owned, operated, or managed by

 

 

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1    a public housing agency or leased by a public housing
2    agency as part of a scattered site or mixed-income
3    development, in a public park, in a courthouse, on
4    residential property owned, operated, or managed by a
5    public housing agency or leased by a public housing agency
6    as part of a scattered site or mixed-income development, on
7    the real property comprising any public park, on the real
8    property comprising any courthouse, or on any public way
9    within 1,000 feet of the real property comprising any
10    public park, courthouse, or residential property owned,
11    operated, or managed by a public housing agency or leased
12    by a public housing agency as part of a scattered site or
13    mixed-income development commits a Class 2 felony.
14        (6) Any person convicted of unlawful transfer sale of
15    firearms in violation of paragraph (j) of subsection (A)
16    commits a Class A misdemeanor. A second or subsequent
17    violation is a Class 4 felony.
18        (7) Any person convicted of unlawful transfer sale of
19    firearms in violation of paragraph (k) of subsection (A)
20    commits a Class 4 felony. A third or subsequent conviction
21    for a violation of paragraph (k) of subsection (A) is a
22    Class 1 felony.
23        (8) A person 18 years of age or older convicted of
24    unlawful transfer sale of firearms in violation of
25    paragraph (a) or (i) of subsection (A), when the firearm
26    that was sold or given to another person under 18 years of

 

 

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1    age was used in the commission of or attempt to commit a
2    forcible felony, shall be fined or imprisoned, or both, not
3    to exceed the maximum provided for the most serious
4    forcible felony so committed or attempted by the person
5    under 18 years of age who was sold or given the firearm.
6        (9) Any person convicted of unlawful transfer sale of
7    firearms in violation of paragraph (d) of subsection (A)
8    commits a Class 3 felony.
9    (D) For purposes of this Section:
10    "School" means a public or private elementary or secondary
11school, community college, college, or university.
12    "School related activity" means any sporting, social,
13academic, or other activity for which students' attendance or
14participation is sponsored, organized, or funded in whole or in
15part by a school or school district.
16    (E) A prosecution for a violation of paragraph (k) of
17subsection (A) of this Section may be commenced within 6 years
18after the commission of the offense. A prosecution for a
19violation of this Section other than paragraph (g) of
20subsection (A) of this Section may be commenced within 5 years
21after the commission of the offense defined in the particular
22paragraph.
23(Source: P.A. 95-331, eff. 8-21-07; 95-735, eff. 7-16-08;
2496-190, eff. 1-1-10.)
 
25    (720 ILCS 5/24-3.1A new)

 

 

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1    Sec. 24-3.1A. Unlawful acquisition of handguns.
2    (a) Except as exempted in subsections (b) and (c), it is
3unlawful for any person other than a person holding a license
4under the Federal Gun Control Act of 1968, as amended, to
5acquire more than one handgun within any 30-day period.
6    (b) Acquisitions in excess of one handgun within a 30-day
7period may be made upon completion of an enhanced background
8check, as described in this Section, by special application to
9the Department of State Police listing the number and type of
10handguns to be acquired and transferred for lawful business or
11personal use, in a collector series, for collections, as a bulk
12purchase from estate sales, and for similar purposes. The
13application must be signed under oath by the applicant on forms
14provided by the Department of State Police, must state the
15purpose for the acquisition above the limit, and must require
16satisfactory proof of residency and identity. The application
17is in addition to the firearms transfer report required by the
18Bureau of Alcohol, Tobacco and Firearms (ATF). The Director of
19State Police shall adopt rules, under the Illinois
20Administrative Procedure Act, for the implementation of an
21application process for acquisitions of handguns above the
22limit.
23    Upon being satisfied that these requirements have been met,
24the Department of State Police must forthwith issue to the
25applicant a nontransferable certificate that is valid for 7
26days from the date of issue. The certificate must be

 

 

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1surrendered to the transferor by the prospective transferee
2before the consummation of the transfer and must be kept on
3file at the transferor's place of business for inspection as
4provided in Section 24-4. Upon request of any local law
5enforcement agency, and under its rules, the Department of
6State Police may certify the local law enforcement agency to
7serve as its agent to receive applications and, upon
8authorization by the Department of State Police, issue
9certificates forthwith under this Section. Applications and
10certificates issued under this Section must be maintained as
11records by the Department of State Police, and made available
12to local law enforcement agencies.
13    (c) This Section does not apply to:
14        (1) A law enforcement agency;
15        (2) State and local correctional agencies and
16    departments;
17        (3) The acquisition of antique firearms as defined by
18    paragraph (4) of Section 1.1 of the Firearm Owners
19    Identification Card Act; or
20        (4) A person whose handgun is stolen or irretrievably
21    lost who deems it essential that the handgun be replaced
22    immediately. The person may acquire another handgun, even
23    if the person has previously acquired a handgun within a
24    30-day period, if: (i) the person provides the firearms
25    transferor with a copy of the official police report or a
26    summary of the official police report, on forms provided by

 

 

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1    the Department of State Police, from the law enforcement
2    agency that took the report of the lost or stolen handgun;
3    (ii) the official police report or summary of the official
4    police report contains the name and address of the handgun
5    owner, the description and serial number of the handgun,
6    the location of the loss or theft, the date of the loss or
7    theft, and the date the loss or theft was reported to the
8    law enforcement agency; and (iii) the date of the loss or
9    theft as reflected on the official police report or summary
10    of the official police report occurred within 30 days of
11    the person's attempt to replace the handgun. The firearms
12    transferor must attach a copy of the official police report
13    or summary of the official police report to the original
14    copy of the form provided by the Department of State Police
15    completed for the transaction, retain it for the period
16    prescribed by the Department of State Police, and forward a
17    copy of the documents to the Department of State Police.
18    The documents must be maintained by the Department of State
19    Police and made available to local law enforcement
20    agencies.
21    (d) For the purposes of this Section, "acquisition" does
22not include the exchange or replacement of a handgun by a
23transferor for a handgun transferred from the transferor by the
24same person seeking the exchange or replacement within the
2530-day period immediately preceding the date of exchange or
26replacement.

 

 

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1    (e) The exemptions set forth in subsections (b) and (c) are
2affirmative defenses to a violation of subsection (a).
3    (f) A violation of this Section is a Class A misdemeanor
4for a first offense and a Class 4 felony for a second or
5subsequent offense.