99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB1933

 

Introduced 2/20/2015, by Sen. Ira I. Silverstein

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/24-1.9 new

    Amends the Criminal Code of 2012. Defines "antique handgun" and "personalized handgun". Provides that a personalized handgun is a handgun which incorporates within its design, and as part of its original manufacture, technology which automatically limits its operational use and which cannot be readily deactivated, so that it may only be fired by an authorized or recognized user. Requires the Director of State Police to report to the Governor and General Assembly on the availability of personalized handguns for retail sales purposes. Provides that the Director of State Police shall publish a list of personalized handguns that may be sold in the State. Provides that this list shall identify those handguns by manufacturer, model, and caliber. Provides that on and after the first day of the 6 month following the preparation and delivery of the list of personalized handguns which may be sold in the State, no person federally licensed as a manufacturer of firearms or retail dealer of firearms or any agent or employee of a wholesale or retail dealer of firearms shall transport into the State, sell, expose for sale, possess with the intent of selling, assign, or otherwise transfer any handgun unless it is a personalized handgun or an antique handgun. Provides that a violation is a Class 4 felony. Provides exemptions.


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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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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 24-1.9 as follows:
 
6    (720 ILCS 5/24-1.9 new)
7    Sec. 24-1.9. Personalized handgun.
8    (a) As used in this Section:
9        "Antique handgun" has the meaning ascribed to it in
10    Section 921 of the federal Gun Control Act of 1968.
11        "Handgun" has the meaning ascribed to it in Section 5
12    of the Firearm Concealed Carry Act.
13        "Personalized handgun" means a handgun which
14    incorporates within its design, and as part of its original
15    manufacture, technology which automatically limits its
16    operational use and which cannot be readily deactivated, so
17    that it may only be fired by an authorized or recognized
18    user. The technology limiting the handgun's operational
19    use may include, but not be limited to: radio frequency
20    tagging, touch memory, remote control, fingerprint,
21    magnetic encoding, and other automatic user identification
22    systems utilizing biometric, mechanical, or electronic
23    systems. No make or model of a handgun shall be deemed to

 

 

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1    be a "personalized handgun" unless the Director of State
2    Police has determined, through testing or other reasonable
3    means, that the handgun meets any reliability standards
4    that the manufacturer may require for its commercially
5    available handguns that are not personalized or, if the
6    manufacturer has no reliability standards, the handgun
7    meets the reliability standards generally used in the
8    industry for commercially available handguns.
9    (b) On or before 180 days after the effective date of this
10amendatory Act of the 99th General Assembly, the Director of
11State Police shall report to the Governor and the General
12Assembly as to the availability of personalized handguns for
13retail sales purposes. If the Director of State Police
14determines that personalized handguns are not available for
15retail sales purposes, the Director of State Police, every 6
16months thereafter, shall report to the Governor and the General
17Assembly as to the availability of personalized handguns for
18retail sales purposes until the time as the Director of State
19Police shall deem that personalized handguns are available for
20retail sales purposes and so report to the Governor and the
21General Assembly. In making this determination, the Director of
22State Police may consult with any other neutral and detached
23public or private entity that may have useful information and
24expertise to assist in determining whether, through
25performance and other relevant indicators, a handgun meets the
26statutory definition of a personalized handgun under this

 

 

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1Section.
2    (c) For the purposes of this Section, personalized handguns
3shall be deemed to be available for retail sales purposes if at
4least one manufacturer has delivered at least one production
5model of a personalized handgun to a registered or licensed
6wholesale or retail dealer in this State or any other state. As
7used in this subsection, the term "production model" means a
8handgun which is the product of a regular manufacturing process
9that produces multiple copies of the same handgun model, and
10shall not include a prototype or other unique specimen that is
11offered for sale.
12    (d) On the first day of the 24th month following the date
13on which the Director of State Police reports that personalized
14handguns are available for retail sales purposes under
15subsection (b) of this Section, the Director of State Police
16shall publish a list of personalized handguns that may be sold
17in this State. This list shall identify those handguns by
18manufacturer, model, and caliber.
19    (e) The list required under subsection (d) of this Section
20shall be prepared within 6 months after the Director of State
21Police's report is made to federally licensed firearms dealers
22in this State. Whenever a handgun is determined to meet the
23statutory definition of a personalized handgun under this
24Section, the Director of State Police shall report that
25determination in writing to the Governor and the General
26Assembly within 60 days. The Director shall promptly amend and

 

 

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1supplement the list to include handguns which meet the
2statutory definition of a personalized handgun under this
3Section or to remove previously listed handguns, if
4appropriate. Federally licensed retail firearms dealers in
5this State shall be notified forthwith of any changes in the
6list. The notice shall be given in a manner prescribed by rule.
7The Director of State Police shall adopt rules establishing a
8process for handgun manufacturers to demonstrate that their
9handguns meet the statutory definition of a personalized
10handgun under this Section and request that their handgun be
11added to this list. These rules may require that the handgun
12manufacturer:
13        (1) deliver a handgun or handguns to the Director of
14    State Police or his designee for testing;
15        (2) pay a reasonable application fee; and
16        (3) pay any reasonable costs incurred in, or associated
17    with, the testing and independent scientific analysis of
18    the handgun, including any analysis of the technology the
19    manufacturer has incorporated within the handgun's design
20    to limit its operational use, that is conducted to
21    determine whether the handgun meets the statutory
22    definition of a personalized handgun under this Section.
23    (f) On and after the first day of the 6 month following the
24preparation and delivery of the list of personalized handguns
25which may be sold in this State under subsection (d) of this
26Section, no person federally licensed as a manufacturer of

 

 

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1firearms or retail dealer of firearms or any agent or employee
2of a wholesale or retail dealer of firearms shall transport
3into this State, sell, expose for sale, possess with the intent
4of selling, assign, or otherwise transfer any handgun unless it
5is a personalized handgun or an antique handgun.
6    (g) This Section does not apply to handguns to be sold,
7transferred, assigned, and delivered for official use to:
8        (1) State and local law enforcement officers of this
9    State;
10        (2) federal law enforcement officers and any other
11    federal officers and employees required to carry firearms
12    in the performance of their official duties; and
13        (3) members of the Armed Forces of the United States or
14    of the National Guard.
15    (h) This Section does not apply to handguns to be sold,
16transferred, assigned, and delivered solely for use in
17competitive shooting matches sanctioned by the Civilian
18Marksmanship Program, the International Olympic Committee or
19USA Shooting. The Director of State Police may adopt rules
20governing the scope and application of the exemption afforded
21under this Section. The Director of State Police, by rule, may
22require, at a minimum, that a person acquiring a handgun under
23this Section submit valid proof of participation in these
24sanctioned shooting matches.
25    (i) No later than 30 days after the preparation and
26delivery of the list of personalized handguns which may be sold

 

 

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1in the State under subsection (d), there shall be established a
25 member commission in the Department of State Police that
3shall meet at least once a year to determine whether
4personalized handguns qualify for use by State and local law
5enforcement officers. The Governor shall appoint the following
64 members of the commission:
7        (1) a county sheriff;
8        (2) a State's Attorney;
9        (3) a municipal law enforcement officer; and
10        (4) an experienced firearms instructor qualified to
11    teach a firearms training course approved by the Illinois
12    Law Enforcement Training Standards Board.
13    The fifth member of the commission shall be the Director of
14State Police. The commission shall issue a report to the
15Director of State Police upon its determination that
16personalized handguns qualify for use by State and local law
17enforcement officers. In making this determination, the
18commission shall consider any advantages and disadvantages to
19using these weapons in the performance of the official duties
20of law enforcement officers and shall give due regard to the
21safety of law enforcement officers and others. The commission
22shall cease operation thereafter. The Director of State Police
23shall be authorized to adopt rules that apply the provisions of
24this Section to handguns to be sold, transferred, assigned, and
25delivered for official use to State and local law enforcement
26officers upon a determination by the commission that

 

 

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1personalized handguns qualify for use by State and local law
2enforcement officers.
3    (j) The Director of State Police under the Illinois
4Administrative Procedure Act shall adopt rules to effectuate
5the purposes of this Section.
6    (k) Sentence. A person who knowingly violates the
7provisions of this Section is guilty of a Class 4 felony.