Full Text of HB2390 96th General Assembly
HB2390 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB2390
Introduced 2/19/2009, by Rep. Elizabeth Hernandez SYNOPSIS AS INTRODUCED: |
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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.
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| CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
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A BILL FOR
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HB2390 |
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LRB096 09968 RLC 20132 b |
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| 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: |
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HB2390 |
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LRB096 09968 RLC 20132 b |
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| (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 |
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LRB096 09968 RLC 20132 b |
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| 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 .
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| (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.)
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| Section 99. Effective date. This Act takes effect upon | 15 |
| becoming law.
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