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92_SB0139
LRB9201955RCcd
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
5 adding Section 24-3.6 as follows:
6 (720 ILCS 5/24-3.6 new)
7 Sec. 24-3.6. Unlawful transfer of a handgun.
8 (a) It is unlawful for a person to sell or give or
9 possess with the intent to sell or give more than one handgun
10 to another person within a 30-day period or to sell or give
11 or possess with the intent to sell or give a handgun to a
12 person he or she knows or has reasonable cause to believe has
13 purchased or has been given a handgun within the previous 30
14 days.
15 (b) The provisions of this Section regarding the sale,
16 gift, or possession with the intent to sell or give a handgun
17 do not apply to:
18 (1) United States Marshals, while engaged in the
19 operation of their official duties;
20 (2) Members of the Armed Forces of the United
21 States or the National Guard, while engaged in the
22 operation of their official duties;
23 (3) Federal officials required to carry firearms,
24 while engaged in the operation of their official duties;
25 (4) Members of bona fide veterans organizations
26 that receive firearms directly from the armed forces of
27 the United States, while using the firearms for
28 ceremonial purposes with blank ammunition;
29 (5) Nonresident hunters during hunting season, with
30 valid nonresident hunting licenses and while in an area
31 where hunting is permitted; however, at all other times
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1 and in all other places these persons must have their
2 firearms unloaded and enclosed in a case;
3 (6) Those hunters exempt from obtaining a hunting
4 license who are required to submit their Firearm Owner's
5 Identification Card when hunting on Department of Natural
6 Resources owned or managed sites;
7 (7) Nonresidents while on a firing or shooting
8 range recognized by the Department of State Police;
9 however, these persons must at all other times and in all
10 other places have their firearms unloaded and enclosed in
11 a case;
12 (8) Nonresidents while at a firearm showing or
13 display recognized by the Department of State Police;
14 however, at all other times and in all other places these
15 persons must have their firearms unloaded and enclosed in
16 a case;
17 (9) Nonresidents whose firearms are unloaded and
18 enclosed in a case;
19 (10) Nonresidents who are currently licensed or
20 registered to possess a firearm in their resident state;
21 (11) Unemancipated minors while in the custody and
22 immediate control of their parent or legal guardian or
23 other person in loco parentis to the minor if the parent
24 or legal guardian or other person in loco parentis to the
25 minor has a currently valid Firearm Owner's
26 Identification Card;
27 (12) Color guards of bona fide veterans
28 organizations or members of bona fide American Legion
29 bands while using firearms for ceremonial purposes with
30 blank ammunition;
31 (13) Nonresident hunters whose state of residence
32 does not require them to be licensed or registered to
33 possess a firearm and only during hunting season, with
34 valid hunting licenses, while accompanied by, and using a
-3- LRB9201955RCcd
1 firearm owned by, a person who possesses a valid Firearm
2 Owner's Identification Card and while in an area within a
3 commercial club licensed under the Wildlife Code where
4 hunting is permitted and controlled, but in no instance
5 upon sites owned or managed by the Department of Natural
6 Resources;
7 (14) Resident hunters who are properly authorized
8 to hunt and, while accompanied by a person who possesses
9 a valid Firearm Owner's Identification Card, hunt in an
10 area within a commercial club licensed under the Wildlife
11 Code where hunting is permitted and controlled; and
12 (15) Federally licensed firearm dealers who
13 purchase handguns as inventory with the intent to sell
14 those handguns in the regular course of their businesses
15 in accordance with the laws of this State and applicable
16 local ordinances.
17 (c) For the purposes of this Section, "handgun" means a
18 firearm designed to be held and fired by the use of a single
19 hand and that is small enough to be concealed upon one's
20 person, and includes a combination of parts from which a
21 firearm can be assembled.
22 (d) Sentence. A violation of this Section is a Class 4
23 felony.