Full Text of SB3709 96th General Assembly
SB3709 96TH GENERAL ASSEMBLY
|
|
|
96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 SB3709
Introduced 2/11/2010, by Sen. Dan Kotowski SYNOPSIS AS INTRODUCED: |
|
430 ILCS 65/3 |
from Ch. 38, par. 83-3 |
720 ILCS 5/24-3 |
from Ch. 38, par. 24-3 |
|
Amends the Firearm Owners Identification Card Act. Requires a person who is not a federally licensed importer, manufacturer, or dealer and who desires to sell or transfer a firearm of a size that may be concealed upon the person to another person, who is not a federally licensed importer, manufacturer, or dealer, to do so only at the place of business of a federally licensed firearm dealer. Provides that the federally licensed firearm dealer shall conduct a background check on the prospective recipient of the firearm and follow all other applicable federal, State, and local laws as if he were the seller of the firearm. Provides that the purchaser or transferee may be required by the federally licensed firearm dealer to pay a fee not to exceed $10 per firearm, plus any applicable fees. Makes exceptions for (i) the transfer of a firearm between spouses, a parent and child, or a grandparent and grandchild, (ii) transfers by persons acting pursuant to operation of law or a court order, or (iii) transfers on the grounds of a gun show. Amends the Criminal Code of 1961. Provides that a person who knowingly sells or gives any firearm to any person who is a street gang member is guilty of a Class 1 felony. Effective immediately.
|
| |
|
|
CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
FISCAL NOTE ACT MAY APPLY |
|
|
A BILL FOR
|
|
|
|
|
SB3709 |
|
LRB096 20870 RLC 36645 b |
|
| 1 |
| AN ACT concerning firearms, which may be referred to as the | 2 |
| Gun Trafficking and Gang Violence Prevention Act.
| 3 |
| Be it enacted by the People of the State of Illinois,
| 4 |
| represented in the General Assembly:
| 5 |
| Section 5. The Firearm Owners Identification Card Act is | 6 |
| amended by changing Section 3 as follows:
| 7 |
| (430 ILCS 65/3) (from Ch. 38, par. 83-3)
| 8 |
| Sec. 3. (a) Except as provided in Section 3a, no person may | 9 |
| knowingly
transfer, or cause to be transferred, any firearm, | 10 |
| firearm ammunition, stun gun, or taser to any person within | 11 |
| this State unless the
transferee with whom he deals displays a | 12 |
| currently valid Firearm Owner's
Identification Card which has | 13 |
| previously been issued in his name by the
Department of State | 14 |
| Police under the provisions of this Act. In addition,
all | 15 |
| firearm, stun gun, and taser transfers by federally licensed | 16 |
| firearm dealers are subject
to Section 3.1.
| 17 |
| (a-5) Any person who is not a federally licensed firearm | 18 |
| dealer and who desires to transfer or sell a firearm while that | 19 |
| person is on the grounds of a gun show must, before selling or | 20 |
| transferring the firearm, request the Department of State | 21 |
| Police to conduct a background check on the prospective | 22 |
| recipient of the firearm in accordance with Section 3.1.
| 23 |
| (a-10) Any person who is not a federally licensed importer, |
|
|
|
SB3709 |
- 2 - |
LRB096 20870 RLC 36645 b |
|
| 1 |
| manufacturer, or dealer and who desires to sell or transfer a | 2 |
| firearm of a size that may be concealed upon the person to | 3 |
| another person, who is not a federally licensed importer, | 4 |
| manufacturer, or dealer, shall do so only at the place of | 5 |
| business of a federally licensed firearm dealer. The federally | 6 |
| licensed firearm dealer shall conduct a background check on the | 7 |
| prospective recipient of the firearm in accordance with Section | 8 |
| 3.1 of this Act and follow all other applicable federal, State, | 9 |
| and local laws as if he were the seller of the firearm. The | 10 |
| purchaser or transferee may be required by the federally | 11 |
| licensed firearm dealer to pay a fee not to exceed $10 per | 12 |
| firearm, plus the applicable fees authorized by Section 3.1. | 13 |
| The provisions of this subsection (a-10) do not apply to: | 14 |
| (1) transfers to the transferor's husband, wife, son, | 15 |
| daughter, stepson, stepdaughter, father, mother, | 16 |
| stepfather, stepmother, brother, sister, nephew, niece, | 17 |
| uncle, aunt, grandfather, grandmother, grandson, | 18 |
| granddaughter, father-in-law, mother-in-law, son-in-law, | 19 |
| or daughter-in-law; | 20 |
| (2) transfers by persons acting pursuant to operation | 21 |
| of law or a court order; or | 22 |
| (3) transfers on the grounds of a gun show. | 23 |
| (b) Any person within this State who transfers or causes to | 24 |
| be
transferred any firearm, stun gun, or taser shall keep a | 25 |
| record of such transfer for a period
of 10 years from the date | 26 |
| of transfer. Such record shall contain the date
of the |
|
|
|
SB3709 |
- 3 - |
LRB096 20870 RLC 36645 b |
|
| 1 |
| transfer; the description, serial number or other information
| 2 |
| identifying the firearm, stun gun, or taser if no serial number | 3 |
| is available; and, if the
transfer was completed within this | 4 |
| State, the transferee's Firearm Owner's
Identification Card | 5 |
| number. On or after January 1, 2006, the record shall contain | 6 |
| the date of application for transfer of the firearm. On demand | 7 |
| of a peace officer such transferor
shall produce for inspection | 8 |
| such record of transfer. If the transfer or sale took place at | 9 |
| a gun show, the record shall include the unique identification | 10 |
| number. Failure to record the unique identification number is a | 11 |
| petty offense.
| 12 |
| (b-5) Any resident may purchase ammunition from a person | 13 |
| outside of Illinois. Any resident purchasing ammunition | 14 |
| outside the State of Illinois must provide the seller with a | 15 |
| copy of his or her valid Firearm Owner's Identification Card | 16 |
| and either his or her Illinois driver's license or Illinois | 17 |
| State Identification Card prior to the shipment of the | 18 |
| ammunition. The ammunition may be shipped only to an address on | 19 |
| either of those 2 documents. | 20 |
| (c) The provisions of this Section regarding the transfer | 21 |
| of firearm
ammunition shall not apply to those persons | 22 |
| specified in paragraph (b) of
Section 2 of this Act.
| 23 |
| (Source: P.A. 94-6, eff. 1-1-06; 94-284, eff. 7-21-05; 94-353, | 24 |
| eff. 7-29-05; 94-571, eff. 8-12-05; 95-331, eff. 8-21-07.)
| 25 |
| Section 10. The Criminal Code of 1961 is amended by |
|
|
|
SB3709 |
- 4 - |
LRB096 20870 RLC 36645 b |
|
| 1 |
| changing Section 24-3 as follows:
| 2 |
| (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
| 3 |
| Sec. 24-3. Unlawful Sale of Firearms.
| 4 |
| (A) A person commits the offense of unlawful sale of | 5 |
| firearms when he
or she knowingly does any of the following:
| 6 |
| (a) Sells or gives any firearm of a size which may be | 7 |
| concealed upon the
person to any person under 18 years of | 8 |
| age.
| 9 |
| (b) Sells or gives any firearm to a person under 21 | 10 |
| years of age who has
been convicted of a misdemeanor other | 11 |
| than a traffic offense or adjudged
delinquent.
| 12 |
| (c) Sells or gives any firearm to any narcotic addict.
| 13 |
| (d) Sells or gives any firearm to any person who has | 14 |
| been convicted of a
felony under the laws of this or any | 15 |
| other jurisdiction.
| 16 |
| (e) Sells or gives any firearm to any person who has | 17 |
| been a patient in a
mental hospital within the past 5 | 18 |
| years.
| 19 |
| (f) Sells or gives any firearms to any person who is | 20 |
| mentally
retarded.
| 21 |
| (g) Delivers any firearm of a size which may be | 22 |
| concealed upon the
person, incidental to a sale, without | 23 |
| withholding delivery of such firearm
for at least 72 hours | 24 |
| after application for its purchase has been made, or
| 25 |
| delivers any rifle, shotgun or other long gun, or a stun |
|
|
|
SB3709 |
- 5 - |
LRB096 20870 RLC 36645 b |
|
| 1 |
| gun or taser, incidental to a sale,
without withholding | 2 |
| delivery of such rifle, shotgun or other long gun, or a | 3 |
| stun gun or taser for
at least 24 hours after application | 4 |
| for its purchase has been made.
However,
this paragraph (g) | 5 |
| does not apply to: (1) the sale of a firearm
to a law | 6 |
| enforcement officer if the seller of the firearm knows that | 7 |
| the person to whom he or she is selling the firearm is a | 8 |
| law enforcement officer or the sale of a firearm to a | 9 |
| person who desires to purchase a firearm for
use in | 10 |
| promoting the public interest incident to his or her | 11 |
| employment as a
bank guard, armed truck guard, or other | 12 |
| similar employment; (2) a mail
order sale of a firearm to a | 13 |
| nonresident of Illinois under which the firearm
is mailed | 14 |
| to a point outside the boundaries of Illinois; (3) the sale
| 15 |
| of a firearm to a nonresident of Illinois while at a | 16 |
| firearm showing or display
recognized by the Illinois | 17 |
| Department of State Police; or (4) the sale of a
firearm to | 18 |
| a dealer licensed as a federal firearms dealer under | 19 |
| Section 923
of the federal Gun Control Act of 1968 (18 | 20 |
| U.S.C. 923). For purposes of this paragraph (g), | 21 |
| "application" means when the buyer and seller reach an | 22 |
| agreement to purchase a firearm.
| 23 |
| (h) While holding any license
as a dealer,
importer, | 24 |
| manufacturer or pawnbroker
under the federal Gun Control | 25 |
| Act of 1968,
manufactures, sells or delivers to any | 26 |
| unlicensed person a handgun having
a barrel, slide, frame |
|
|
|
SB3709 |
- 6 - |
LRB096 20870 RLC 36645 b |
|
| 1 |
| or receiver which is a die casting of zinc alloy or
any | 2 |
| other nonhomogeneous metal which will melt or deform at a | 3 |
| temperature
of less than 800 degrees Fahrenheit. For | 4 |
| purposes of this paragraph, (1)
"firearm" is defined as in | 5 |
| the Firearm Owners Identification Card Act; and (2)
| 6 |
| "handgun" is defined as a firearm designed to be held
and | 7 |
| fired by the use of a single hand, and includes a | 8 |
| combination of parts from
which such a firearm can be | 9 |
| assembled.
| 10 |
| (i) Sells or gives a firearm of any size to any person | 11 |
| under 18 years of
age who does not possess a valid Firearm | 12 |
| Owner's Identification Card.
| 13 |
| (j) Sells or gives a firearm while engaged in the | 14 |
| business of selling
firearms at wholesale or retail without | 15 |
| being licensed as a federal firearms
dealer under Section | 16 |
| 923 of the federal Gun Control Act of 1968 (18 U.S.C.
923). | 17 |
| In this paragraph (j):
| 18 |
| A person "engaged in the business" means a person who | 19 |
| devotes time,
attention, and
labor to
engaging in the | 20 |
| activity as a regular course of trade or business with the
| 21 |
| principal objective of livelihood and profit, but does not | 22 |
| include a person who
makes occasional repairs of firearms | 23 |
| or who occasionally fits special barrels,
stocks, or | 24 |
| trigger mechanisms to firearms.
| 25 |
| "With the principal objective of livelihood and | 26 |
| profit" means that the
intent
underlying the sale or |
|
|
|
SB3709 |
- 7 - |
LRB096 20870 RLC 36645 b |
|
| 1 |
| disposition of firearms is predominantly one of
obtaining | 2 |
| livelihood and pecuniary gain, as opposed to other intents, | 3 |
| such as
improving or liquidating a personal firearms | 4 |
| collection; however, proof of
profit shall not be required | 5 |
| as to a person who engages in the regular and
repetitive | 6 |
| purchase and disposition of firearms for criminal purposes | 7 |
| or
terrorism.
| 8 |
| (k) Sells or transfers ownership of a firearm to a | 9 |
| person who does not display to the seller or transferor of | 10 |
| the firearm a currently valid Firearm Owner's | 11 |
| Identification Card that has previously been issued in the | 12 |
| transferee's name by the Department of State Police under | 13 |
| the provisions of the Firearm Owners Identification Card | 14 |
| Act. This paragraph (k) does not apply to the transfer of a | 15 |
| firearm to a person who is exempt from the requirement of | 16 |
| possessing a Firearm Owner's Identification Card under | 17 |
| Section 2 of the Firearm Owners Identification Card Act. | 18 |
| For the purposes of this Section, a currently valid Firearm | 19 |
| Owner's Identification Card means (i) a Firearm Owner's | 20 |
| Identification Card that has not expired or (ii) if the | 21 |
| transferor is licensed as a federal firearms dealer under | 22 |
| Section 923 of the federal Gun Control Act of 1968 (18 | 23 |
| U.S.C. 923), an approval number issued in accordance with | 24 |
| Section 3.1 of the Firearm Owners Identification Card Act | 25 |
| shall be proof that the Firearm Owner's Identification Card | 26 |
| was valid. |
|
|
|
SB3709 |
- 8 - |
LRB096 20870 RLC 36645 b |
|
| 1 |
| (l) Knowingly sells or gives any firearm to any person | 2 |
| who is a street gang member. For purposes of this paragraph | 3 |
| (l): "street gang member" has the meaning ascribed to the | 4 |
| term "street gang member" in Section 10 of the Illinois | 5 |
| Streetgang Terrorism Omnibus Prevention Act. | 6 |
| (B) Paragraph (h) of subsection (A) does not include | 7 |
| firearms sold within 6
months after enactment of Public
Act | 8 |
| 78-355 (approved August 21, 1973, effective October 1, 1973), | 9 |
| nor is any
firearm legally owned or
possessed by any citizen or | 10 |
| purchased by any citizen within 6 months after the
enactment of | 11 |
| Public Act 78-355 subject
to confiscation or seizure under the | 12 |
| provisions of that Public Act. Nothing in
Public Act 78-355 | 13 |
| shall be construed to prohibit the gift or trade of
any firearm | 14 |
| if that firearm was legally held or acquired within 6 months | 15 |
| after
the enactment of that Public Act.
| 16 |
| (C) Sentence.
| 17 |
| (1) Any person convicted of unlawful sale of firearms | 18 |
| in violation of
paragraph (c), (e), (f), (g), or (h) of | 19 |
| subsection (A) commits a Class
4
felony.
| 20 |
| (2) Any person convicted of unlawful sale of firearms | 21 |
| in violation of
paragraph (b) or (i) of subsection (A) | 22 |
| commits a Class 3 felony.
| 23 |
| (3) Any person convicted of unlawful sale of firearms | 24 |
| in violation of
paragraph (a) of subsection (A) commits a | 25 |
| Class 2 felony.
| 26 |
| (4) Any person convicted of unlawful sale of firearms |
|
|
|
SB3709 |
- 9 - |
LRB096 20870 RLC 36645 b |
|
| 1 |
| in violation of
paragraph (a), (b), or (i) of subsection | 2 |
| (A) in any school, on the real
property comprising a | 3 |
| school, within 1,000 feet of the real property comprising
a | 4 |
| school, at a school related activity, or on or within 1,000 | 5 |
| feet of any
conveyance owned, leased, or contracted by a | 6 |
| school or school district to
transport students to or from | 7 |
| school or a school related activity,
regardless of the time | 8 |
| of day or time of year at which the offense
was committed, | 9 |
| commits a Class 1 felony. Any person convicted of a second
| 10 |
| or subsequent violation of unlawful sale of firearms in | 11 |
| violation of paragraph
(a), (b), or (i) of subsection (A) | 12 |
| in any school, on the real property
comprising a school, | 13 |
| within 1,000 feet of the real property comprising a
school, | 14 |
| at a school related activity, or on or within 1,000 feet of | 15 |
| any
conveyance owned, leased, or contracted by a school or | 16 |
| school district to
transport students to or from school or | 17 |
| a school related activity,
regardless of the time of day or | 18 |
| time of year at which the offense
was committed, commits a | 19 |
| Class 1 felony for which the sentence shall be a
term of | 20 |
| imprisonment of no less than 5 years and no more than 15 | 21 |
| years.
| 22 |
| (5) Any person convicted of unlawful sale of firearms | 23 |
| in violation of
paragraph (a) or (i) of subsection (A) in | 24 |
| residential property owned,
operated, or managed by a | 25 |
| public housing agency or leased by a public housing
agency | 26 |
| as part of a scattered site or mixed-income development, in |
|
|
|
SB3709 |
- 10 - |
LRB096 20870 RLC 36645 b |
|
| 1 |
| a public
park, in a
courthouse, on residential property | 2 |
| owned, operated, or managed by a public
housing agency or | 3 |
| leased by a public housing agency as part of a scattered | 4 |
| site
or mixed-income development, on the real property | 5 |
| comprising any public park,
on the real
property comprising | 6 |
| any courthouse, or on any public way within 1,000 feet
of | 7 |
| the real property comprising any public park, courthouse, | 8 |
| or residential
property owned, operated, or managed by a | 9 |
| public housing agency or leased by a
public housing agency | 10 |
| as part of a scattered site or mixed-income development
| 11 |
| commits a
Class 2 felony.
| 12 |
| (6) Any person convicted of unlawful sale of firearms | 13 |
| in violation of
paragraph (j) of subsection (A) commits a | 14 |
| Class A misdemeanor. A second or
subsequent violation is a | 15 |
| Class 4 felony. | 16 |
| (7) Any person convicted of unlawful sale of firearms | 17 |
| in violation of paragraph (k) of subsection (A) commits a | 18 |
| Class 4 felony. A third or subsequent conviction for a | 19 |
| violation of paragraph (k) of subsection (A) is a Class 1 | 20 |
| felony.
| 21 |
| (8) A person 18 years of age or older convicted of | 22 |
| unlawful sale of firearms in violation of paragraph (a) or | 23 |
| (i) of subsection (A), when the firearm that was sold or | 24 |
| given to another person under 18 years of age was used in | 25 |
| the commission of or attempt to commit a forcible felony, | 26 |
| shall be fined or imprisoned, or both, not to exceed the |
|
|
|
SB3709 |
- 11 - |
LRB096 20870 RLC 36645 b |
|
| 1 |
| maximum provided for the most serious forcible felony so | 2 |
| committed or attempted by the person under 18 years of age | 3 |
| who was sold or given the firearm. | 4 |
| (9) Any person convicted of unlawful sale of firearms | 5 |
| in violation of
paragraph (d) of subsection (A) commits a | 6 |
| Class 3 felony. | 7 |
| (10) Any person convicted of unlawful sale of firearms | 8 |
| in violation of paragraph (l) of subsection (A) commits a | 9 |
| Class 1 felony. | 10 |
| (D) For purposes of this Section:
| 11 |
| "School" means a public or private elementary or secondary | 12 |
| school,
community college, college, or university.
| 13 |
| "School related activity" means any sporting, social, | 14 |
| academic, or
other activity for which students' attendance or | 15 |
| participation is sponsored,
organized, or funded in whole or in | 16 |
| part by a school or school district.
| 17 |
| (E) A prosecution for a violation of paragraph (k) of | 18 |
| subsection (A) of this Section may be commenced within 6 years | 19 |
| after the commission of the offense. A prosecution for a | 20 |
| violation of this Section other than paragraph (g) of | 21 |
| subsection (A) of this Section may be commenced within 5 years | 22 |
| after the commission of the offense defined in the particular | 23 |
| paragraph.
| 24 |
| (Source: P.A. 95-331, eff. 8-21-07; 95-735, eff. 7-16-08; | 25 |
| 96-190, eff. 1-1-10.)
| 26 |
| Section 99. Effective date. This Act takes effect upon |
|
|
|
SB3709 |
- 12 - |
LRB096 20870 RLC 36645 b |
|
| 1 |
| becoming law.
|
|