96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB2390

 

Introduced 2/19/2009, by Rep. Elizabeth Hernandez

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/24-9.5

    Amends the Criminal Code of 1961 relating to handgun safety devices. Provides that the prohibition on the sale or transfer of a handgun without a handgun safety device applies to sales by private persons as well as by federally licensed firearm dealers. Exempts certain transfers to relatives. Effective immediately.


LRB096 09968 RLC 20132 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB2390 LRB096 09968 RLC 20132 b

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 24-9.5 as follows:
 
6     (720 ILCS 5/24-9.5)
7     Sec. 24-9.5. Handgun safety devices.
8     (a) It is unlawful for a person licensed as a federal
9 firearms dealer under Section 923 of the federal Gun Control
10 Act of 1968 (18 U.S.C. 923) to offer for sale, sell, or
11 transfer a handgun to a person not licensed under Section 923
12 of the federal Gun Control Act of 1968 (18 U.S.C. 923) that
13 Act, unless he or she sells or includes with the handgun a
14 device or mechanism, other than the firearm safety, designed to
15 render the handgun temporarily inoperable or inaccessible.
16 This includes but is not limited to:
17         (1) An external device that is:
18             (i) attached to the handgun with a key or
19         combination lock; and
20             (ii) designed to prevent the handgun from being
21         discharged unless the device has been deactivated.
22         (2) An integrated mechanical safety, disabling, or
23     locking device that is:

 

 

HB2390 - 2 - LRB096 09968 RLC 20132 b

1             (i) built into the handgun; and
2             (ii) designed to prevent the handgun from being
3         discharged unless the device has been deactivated.
4     (b) Sentence. A person who violates this Section is guilty
5 of a Class C misdemeanor and shall be fined not less than
6 $1,000. A second or subsequent violation of this Section is a
7 Class A misdemeanor.
8     (c) For the purposes of this Section, "handgun" has the
9 meaning ascribed to it in clause (h)(2) of subsection (A) of
10 Section 24-3 of this Code.
11     (d) This Section does not apply to:
12         (1) the purchase, sale, or transportation of a handgun
13     to or by a federally licensed firearms dealer or
14     manufacturer that provides or services a handgun for:
15             (i) personnel of any unit of the federal
16         government;
17             (ii) members of the armed forces of the United
18         States or the National Guard;
19             (iii) law enforcement personnel of the State or any
20         local law enforcement agency in the State while acting
21         within the scope of their official duties; and
22             (iv) an organization that is required by federal
23         law governing its specific business or activity to
24         maintain handguns and applicable ammunition;
25         (2) a firearm modified to be permanently inoperative;
26         (3) the sale or transfer of a handgun by a federally

 

 

HB2390 - 3 - LRB096 09968 RLC 20132 b

1     licensed firearms dealer or manufacturer described in item
2     (1) of this subsection (d);
3         (4) the sale or transfer of a handgun by a federally
4     licensed firearms dealer or manufacturer to a lawful
5     customer outside the State; or
6         (5) an antique firearm; or .
7         (6) the sale or transfer of a handgun to the
8     transferor's husband, wife, son, daughter, stepson,
9     stepdaughter, father, mother, stepfather, stepmother,
10     brother, sister, nephew, niece, uncle, aunt, grandfather,
11     grandmother, grandson, granddaughter, father-in-law,
12     mother-in-law, son-in-law, or daughter-in-law.
13 (Source: P.A. 94-390, eff. 1-1-06.)
 
14     Section 99. Effective date. This Act takes effect upon
15 becoming law.