Full Text of HB0203 97th General Assembly
HB0203eng 97TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Criminal Code of 1961 is amended by changing | 5 | | Section 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 | 9 | | of 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 | 13 | | firearms sold within 6
months after enactment of Public
Act | 14 | | 78-355 (approved August 21, 1973, effective October 1, 1973), | 15 | | nor is any
firearm legally owned or
possessed by any citizen or | 16 | | purchased by any citizen within 6 months after the
enactment of | 17 | | Public Act 78-355 subject
to confiscation or seizure under the | 18 | | provisions of that Public Act. Nothing in
Public Act 78-355 | 19 | | shall be construed to prohibit the gift or trade of
any firearm | 20 | | if that firearm was legally held or acquired within 6 months | 21 | | after
the enactment of that Public Act.
| 22 | | (B-5) As used in this Section, "transfer" means the actual | 23 | | or attempted transfer of a firearm or firearm ammunition, with | 24 | | or without consideration, but does not include the lease of a | 25 | | firearm, or the provision of ammunition specifically for that | 26 | | firearm, if the firearm and the ammunition are to be used on |
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| 1 | | the lessor's premises, and does not include any transfer of | 2 | | possession when the transferor maintains supervision and | 3 | | control over the firearm or ammunition. | 4 | | (B-10) It is an affirmative defense to a violation of | 5 | | paragraph (i-5) of subsection (A) that the transfer or | 6 | | possession with intent to transfer of a firearm was to a | 7 | | transferee who received the firearm as an heir, legatee, or | 8 | | beneficiary of or in a similar capacity to a deceased person | 9 | | who had owned the firearm. Nothing in this paragraph (B-10) | 10 | | makes lawful any transfer or possession with intent to transfer | 11 | | of a firearm, or any other possession or use of a firearm, in | 12 | | violation 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 | 11 | | school,
community college, college, or university.
| 12 | | "School related activity" means any sporting, social, | 13 | | academic, or
other activity for which students' attendance or | 14 | | participation is sponsored,
organized, or funded in whole or in | 15 | | part by a school or school district.
| 16 | | (E) A prosecution for a violation of paragraph (k) of | 17 | | subsection (A) of this Section may be commenced within 6 years | 18 | | after the commission of the offense. A prosecution for a | 19 | | violation of this Section other than paragraph (g) of | 20 | | subsection (A) of this Section may be commenced within 5 years | 21 | | after the commission of the offense defined in the particular | 22 | | paragraph.
| 23 | | (Source: P.A. 95-331, eff. 8-21-07; 95-735, eff. 7-16-08; | 24 | | 96-190, 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 | 3 | | unlawful for
any person other than a person holding a license | 4 | | under the Federal Gun Control
Act of 1968, as amended, to | 5 | | acquire more than one handgun within any 30-day
period.
| 6 | | (b) Acquisitions in excess of one handgun within a 30-day | 7 | | period may be
made upon
completion of an enhanced background | 8 | | check, as described in this Section, by
special
application to | 9 | | the Department of State Police listing the number and type of
| 10 | | handguns
to be acquired and transferred for lawful business or | 11 | | personal use, in a
collector
series, for collections, as a bulk | 12 | | purchase from estate sales, and for similar
purposes.
The | 13 | | application must be signed under oath by the applicant on forms | 14 | | provided
by the
Department of State Police, must state the | 15 | | purpose for the acquisition above
the
limit,
and must require | 16 | | satisfactory proof of residency and identity. The
application | 17 | | is
in addition to the firearms transfer report required by the | 18 | | Bureau of Alcohol,
Tobacco
and Firearms (ATF). The Director of | 19 | | State Police shall adopt rules,
under the Illinois | 20 | | Administrative Procedure Act, for the implementation
of an | 21 | | application process for acquisitions of handguns above the | 22 | | limit.
| 23 | | Upon being satisfied that these requirements have been met, | 24 | | the Department of
State
Police must forthwith issue to the | 25 | | applicant a nontransferable certificate
that is
valid for 7 | 26 | | days from the date of issue. The certificate must be
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| 1 | | surrendered to
the transferor by the prospective transferee | 2 | | before the consummation of the
transfer
and
must be kept on | 3 | | file at the transferor's place of business for inspection as
| 4 | | provided in Section 24-4.
Upon request of any local
law | 5 | | enforcement agency, and under its rules, the Department of
| 6 | | State
Police may certify the local law enforcement agency to | 7 | | serve as its agent to
receive
applications and, upon | 8 | | authorization by the Department of State Police, issue
| 9 | | certificates forthwith under this Section. Applications and
| 10 | | certificates issued
under this Section must be maintained as | 11 | | records by the Department of State
Police, and made available | 12 | | to 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 | 22 | | not include the
exchange or
replacement of a handgun by a | 23 | | transferor for a handgun transferred from the
transferor
by the
| 24 | | same person seeking the exchange or replacement within the | 25 | | 30-day period
immediately preceding the date of exchange or | 26 | | replacement.
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| 1 | | (e) The exemptions set forth in subsections (b) and (c) are
| 2 | | affirmative defenses to a violation of subsection (a).
| 3 | | (f) A violation of this Section is a Class A misdemeanor | 4 | | for a first offense
and a Class 4 felony for a second or | 5 | | subsequent offense.
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