093_SB1481 LRB093 02417 LCB 02425 b 1 AN ACT in relation to 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 5 changing 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 transferSaleof firearms. 8 (A) A person commits the offense of unlawful transfer 9saleof firearms when he or she knowingly does any of the 10 following: 11 (a) Transfers or possesses with intent to transfer 12Sells or givesany firearm of a size which may be 13 concealed upon the person to any person he or she has 14 reasonable cause to believe is under 18 years of age. 15 (b) Transfers or possesses with intent to transfer 16Sells or givesany firearm to a person under 21 years of 17 age who has been convicted of a misdemeanor other than a 18 traffic offense or adjudged delinquent. 19 (b-5) Transfers or possesses with intent to 20 transfer any firearm to a person he or she has reasonable 21 cause to believe is under 18 years of age. 22 (c) Transfers or possesses with intent to transfer 23Sells or givesany firearm to any person he or she has 24 reasonable cause to believe is a narcotic addict. 25 (d) Transfers or possesses with intent to transfer 26Sells or givesany firearm to any person he or she has 27 reasonable cause to believewhohas been convicted of a 28 felony under the laws of this or any other jurisdiction. 29 (e) Transfers or possesses with intent to transfer 30Sells or givesany firearm to any person he or she has 31 reasonable cause to believewhohas been a patient in a -2- LRB093 02417 LCB 02425 b 1 mental hospital within the past 5 years. 2 (f) Transfers or possesses with intent to transfer 3Sells or givesany firearms to any person he or she knows 4 or has reasonable cause to believewhois mentally 5 retarded. 6 (g) Knowingly transfersDeliversany 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 not apply 15 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; (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; (3) the sale of a firearm to a nonresident of 23 Illinois while at a firearm showing or display recognized 24 by the Illinois Department of State Police; or (4) the 25 sale of a firearm to a dealer licensed under the Federal 26 Firearms Act of the United States. 27 (h) While holding any license as a dealer, 28 importer, manufacturer or pawnbroker under the federal 29 Gun Control Act of 1968, knowingly manufactures, sells or 30 delivers to any unlicensed person a handgun having a 31 barrel, slide, frame or receiver which is a die casting 32 of zinc alloy or any other nonhomogeneous metal which 33 will melt or deform at a temperature of less than 800 34 degrees Fahrenheit. For purposes of this paragraph, (1) -3- LRB093 02417 LCB 02425 b 1 "firearm" is defined as in the Firearm Owners 2 Identification Card Act; and (2) "handgun" is defined as 3 a firearm designed to be held and fired by the use of a 4 single hand, and includes a combination of parts from 5 which such a firearm can be assembled. 6 (i) Transfers or possesses with intent to transfer 7Sells or givesa firearm of any size to any person he or 8 she knows or has reasonable cause to believe is under 18 9 years of age who does not possess a valid Firearm Owner's 10 Identification Card. 11 (i-5) While holding a license under the Federal Gun 12 Control Act of 1968, transfers or possesses with intent to 13 transfer more than one handgun to any person within any 14 30-day period or transfers or possesses with intent to 15 transfer a handgun to any person he or she knows or has 16 reasonable cause to believe has received a handgun within the 17 previous 30 days unless the receipt of multiple handguns is 18 exempted under subsection (c) or (d) of Section 24-3.1A. It 19 is an affirmative defense to a violation of this subsection 20 that the transferor in good faith relied on the records of 21 the Department of State Police in concluding that the 22 transferor had not transferred a handgun within the previous 23 30 days or that multiple purchases were authorized by 24 subsection (b) of Section 24-3.1A, or relied in good faith on 25 the records of a local law enforcement agency that the 26 transfer was authorized by subsection (c) of Section 24-3.1A. 27 (B) Paragraph (h) of subsection (A) does not include 28 firearms sold within 6 months after enactment of Public Act 29 78-355 (approved August 21, 1973, effective October 1, 1973), 30 nor is any firearm legally owned or possessed by any citizen 31 or purchased by any citizen within 6 months after the 32 enactment of Public Act 78-355 subject to confiscation or 33 seizure under the provisions of that Public Act. Nothing in 34 Public Act 78-355 shall be construed to prohibit the gift or -4- LRB093 02417 LCB 02425 b 1 trade of any firearm if that firearm was legally held or 2 acquired within 6 months after the enactment of that Public 3 Act. 4 (B-5) As used in this Section, "transfer" means the 5 actual or attempted transfer of a firearm or firearm 6 ammunition, with or without consideration, but does not 7 include the lease of a firearm, or the provision of 8 ammunition specifically for that firearm, if the firearm and 9 the ammunition are to be used on the lessor's premises, and 10 does not include any transfer of possession when the 11 transferor maintains supervision and control over the firearm 12 or ammunition. 13 (B-10) It is an affirmative defense to a violation of 14 paragraph (i-5) of subsection (A) that the transfer or 15 possession with intent to transfer of a firearm was to a 16 transferee who received the firearm as an heir, legatee, or 17 beneficiary of or in a similar capacity to a deceased person 18 who had owned the firearm. Nothing in this paragraph (B-10) 19 makes lawful any transfer or possession with intent to 20 transfer of a firearm, or any other possession or use of a 21 firearm, in violation of any law, other than paragraph (i-5) 22 of subsection (A), or in violation of any municipal or county 23 ordinance. 24 (C) Sentence. 25 (1) Any person convicted of unlawful transfersale26 of firearms in violationof anyof paragraph (c), (e), 27 (f), (g), orparagraphs (c) through(h) of subsection (A) 28 commits a Class 4 felony. A person convicted of a 29 violation of subsection (i-5) of subsection (A) of this 30 Section commits a Class A misdemeanor for a first offense 31 and a Class 4 felony for a second or subsequent offense. 32 (2) Any person convicted of unlawful transfersale33 of firearms in violation of paragraph (b), (b-5), or (i) 34 of subsection (A) commits a Class 3 felony. -5- LRB093 02417 LCB 02425 b 1 (3) Any person convicted of unlawful transfersale2 of firearms in violation of paragraph (a) of subsection 3 (A) commits a Class 2 felony. 4 (4) Any person convicted of unlawful transfersale5 of firearms in violation of paragraph (a), (b), (b-5), or 6 (i) of subsection (A) in any school, on the real property 7 comprising a school, within 1,000 feet of the real 8 property comprising a school, at a school related 9 activity, or on or within 1,000 feet of any conveyance 10 owned, leased, or contracted by a school or school 11 district to transport students to or from school or a 12 school related activity, regardless of the time of day or 13 time of year at which the offense was committed, commits 14 a Class 1 felony. Any person convicted of a second or 15 subsequent violation of unlawful transfersaleof 16 firearms in violation of paragraph (a), (b), (b-5), or 17 (i) of subsection (A) in any school, on the real property 18 comprising a school, within 1,000 feet of the real 19 property comprising a school, at a school related 20 activity, or on or within 1,000 feet of any conveyance 21 owned, leased, or contracted by a school or school 22 district to transport students to or from school or a 23 school related activity, regardless of the time of day or 24 time of year at which the offense was committed, commits 25 a Class 1 felony for which the sentence shall be a term 26 of imprisonment of no less than 5 years and no more than 27 15 years. 28 (5) Any person convicted of unlawful transfersale29 of firearms in violation of paragraph (a) or (i) of 30 subsection (A) in residential property owned, operated, 31 or managed by a public housing agency or leased by a 32 public housing agency as part of a scattered site or 33 mixed-income development, in a public park, in a 34 courthouse, on residential property owned, operated, or -6- LRB093 02417 LCB 02425 b 1 managed by a public housing agency or leased by a public 2 housing agency as part of a scattered site or 3 mixed-income development, on the real property comprising 4 any public park, on the real property comprising any 5 courthouse, or on any public way within 1,000 feet of the 6 real property comprising any public park, courthouse, or 7 residential property owned, operated, or managed by a 8 public housing agency or leased by a public housing 9 agency as part of a scattered site or mixed-income 10 development commits a Class 2 felony. 11 (6) A person convicted of unlawful transfer of 12 firearms in violation of paragraph (d) of subsection (A) 13 commits a Class 2 felony. 14 (D) For purposes of this Section: 15 "School" means a public or private elementary or 16 secondary school, community college, college, or university. 17 "School related activity" means any sporting, social, 18 academic, or other activity for which students' attendance or 19 participation is sponsored, organized, or funded in whole or 20 in part by a school or school district. 21 (Source: P.A. 91-12, eff. 1-1-00; 91-673, eff. 12-22-99; 22 91-696, eff. 4-13-00.) 23 (720 ILCS 5/24-3.1A new) 24 Sec. 24-3.1A. Unlawful acquisition of handguns. 25 (a) Except as exempted in subsections (b) and (c), it is 26 unlawful for any person other than a person holding a license 27 under the Federal Gun Control Act of 1968, as amended, to 28 acquire more than one handgun within any 30-day period. 29 (b) Acquisitions in excess of one handgun within a 30 30-day period may be made upon completion of an enhanced 31 background check, as described in this Section, by special 32 application to the Department of State Police listing the 33 number and type of handguns to be acquired and transferred -7- LRB093 02417 LCB 02425 b 1 for lawful business or personal use, in a collector series, 2 for collections, as a bulk purchase from estate sales, and 3 for similar purposes. The application must be signed under 4 oath by the applicant on forms provided by the Department of 5 State Police, must state the purpose for the acquisition 6 above the limit, and must require satisfactory proof of 7 residency and identity. The application is in addition to 8 the firearms transfer report required by the Bureau of 9 Alcohol, Tobacco and Firearms (ATF). The Director of State 10 Police shall adopt rules, under the Illinois Administrative 11 Procedure Act, for the implementation of an application 12 process for acquisitions of handguns above the limit. 13 Upon being satisfied that these requirements have been 14 met, the Department of State Police must forthwith issue to 15 the applicant a nontransferable certificate that is valid for 16 7 days from the date of issue. The certificate must be 17 surrendered to the transferor by the prospective transferee 18 before the consummation of the transfer and must be kept on 19 file at the transferor's place of business for inspection as 20 provided in Section 24-4. Upon request of any local law 21 enforcement agency, and under its rules, the Department of 22 State Police may certify the local law enforcement agency to 23 serve as its agent to receive applications and, upon 24 authorization by the Department of State Police, issue 25 certificates forthwith under this Section. Applications and 26 certificates issued under this Section must be maintained as 27 records by the Department of State Police, and made available 28 to local law enforcement agencies. 29 (c) This Section does not apply to: 30 (1) A law enforcement agency; 31 (2) State and local correctional agencies and 32 departments; 33 (3) The acquisition of antique firearms as defined 34 by paragraph (4) of Section 1.1 of the Firearm Owners -8- LRB093 02417 LCB 02425 b 1 Identification Card Act; or 2 (4) A person whose handgun is stolen or 3 irretrievably lost who deems it essential that the 4 handgun be replaced immediately. The person may acquire 5 another handgun, even if the person has previously 6 acquired a handgun within a 30-day period, if: (i) the 7 person provides the firearms transferor with a copy of 8 the official police report or a summary of the official 9 police report, on forms provided by the Department of 10 State Police, from the law enforcement agency that took 11 the report of the lost or stolen handgun; (ii) the 12 official police report or summary of the official police 13 report contains the name and address of the handgun 14 owner, the description and serial number of the handgun, 15 the location of the loss or theft, the date of the loss 16 or theft, and the date the loss or theft was reported to 17 the law enforcement agency; and (iii) the date of the 18 loss or theft as reflected on the official police report 19 or summary of the official police report occurred within 20 30 days of the person's attempt to replace the handgun. 21 The firearms transferor must attach a copy of the 22 official police report or summary of the official police 23 report to the original copy of the form provided by the 24 Department of State Police completed for the transaction, 25 retain it for the period prescribed by the Department of 26 State Police, and forward a copy of the documents to the 27 Department of State Police. The documents must be 28 maintained by the Department of State Police and made 29 available to local law enforcement agencies. 30 (d) For the purposes of this Section, "acquisition" does 31 not include the exchange or replacement of a handgun by a 32 transferor for a handgun transferred from the transferor by 33 the same person seeking the exchange or replacement within 34 the 30-day period immediately preceding the date of exchange -9- LRB093 02417 LCB 02425 b 1 or replacement. 2 (e) The exemptions set forth in subsections (b) and (c) 3 are affirmatives defenses to a violation of subsection (a). 4 (f) A violation of this Section is a Class A misdemeanor 5 for a first offense and a Class 4 felony for a second or 6 subsequent offense.