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91_HB0228ham001
LRB9101243BBpkam
1 AMENDMENT TO HOUSE BILL 228
2 AMENDMENT NO. . Amend House Bill 228 by replacing
3 the title with the following:
4 "AN ACT to amend the Criminal Code of 1961 by changing
5 Section 24-3 and adding Section 24-3.1A."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Criminal Code of 1961 is amended by
9 changing Section 24-3 and adding Section 24-3.1A as follows:
10 (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
11 Sec. 24-3. Unlawful transfer Sale of firearms. A person
12 commits the offense of unlawful transfer sale of firearms
13 when he or she knowingly:
14 (a) Transfers or possesses with intent to transfer Sells
15 or gives any firearm of a size which may be concealed upon
16 the person to any person he or she has reasonable cause to
17 believe is under 18 years of age; or
18 (b) Transfers or possesses with intent to transfer Sells
19 or gives any firearm to a person he or she has reasonable
20 cause to believe is under 18 years of age; or under 21 years
21 of age who has been convicted of a misdemeanor other than a
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1 traffic offense or adjudged delinquent; or
2 (c) Transfers or possesses with intent to transfer Sells
3 or gives any firearm to any person he or she has reasonable
4 cause to believe is a narcotic addict; or
5 (d) Transfers or possesses with intent to transfer Sells
6 or gives any firearm to any person he or she has reasonable
7 cause to believe who has been convicted of a felony under the
8 laws of this or any other jurisdiction; or
9 (e) Transfers or possesses with intent to transfer Sells
10 or gives any firearm to any person he or she has reasonable
11 cause to believe who has been a patient in a mental hospital
12 within the past 5 years; or
13 (f) Transfers or possesses with intent to transfer Sells
14 or gives any firearms to any person he or she knows or has
15 reasonable cause to believe who is mentally retarded; or
16 (g) Knowingly transfers Delivers any firearm of a size
17 which may be concealed upon the person, incidental to a sale,
18 without withholding delivery of such firearm for at least 72
19 hours after application for its purchase has been made, or
20 delivers any rifle, shotgun or other long gun, incidental to
21 a sale, without withholding delivery of such rifle, shotgun
22 or other long gun for at least 24 hours after application for
23 its purchase has been made. However, this paragraph shall not
24 apply to: (1) the sale of a firearm to a law enforcement
25 officer or a person who desires to purchase a firearm for use
26 in promoting the public interest incident to his employment
27 as a bank guard, armed truck guard, or other similar
28 employment; or (2) a mail order sale of a firearm to a
29 nonresident of Illinois under which the firearm is mailed to
30 a point outside the boundaries of Illinois; or (3) the sale
31 of a firearm to a nonresident of Illinois while at a firearm
32 showing or display recognized by the Illinois Department of
33 State Police; or (4) the sale of a firearm to a dealer
34 licensed under the Federal Firearms Act of the United States;
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1 or
2 (h) While holding any license under the Federal "Gun
3 Control Act of 1968", as amended, as a dealer, importer,
4 manufacturer or pawnbroker; knowingly manufactures, sells or
5 delivers to any unlicensed person a handgun having a barrel,
6 slide, frame or receiver which is a die casting of zinc alloy
7 or any other nonhomogeneous metal which will melt or deform
8 at a temperature of less than 800 degrees Fahrenheit. For
9 purposes of this paragraph, (1) "firearm" is defined as in
10 the Firearm Owners Identification Card Act; "An Act relating
11 to the acquisition, possession and transfer of firearms and
12 firearm ammunition, to provide a penalty for the violation
13 thereof and to make an appropriation in connection
14 therewith", approved August 3, 1967, as amended; (2)
15 "handgun" is defined as a firearm designed to be held and
16 fired by the use of a single hand, and includes a combination
17 of parts from which a firearm can be assembled; or
18 (i) Transfers or possesses with intent to transfer Sells
19 or gives a firearm of any size to any person he or she knows
20 or has reasonable cause to believe is under 18 years of age
21 who does not possess a valid Firearm Owner's Identification
22 Card; or .
23 (i-5) While holding a license under the Federal Gun
24 Control Act of 1968, sells or possesses with intent to sell
25 more than one handgun to any person within any 30 day period
26 or sells or possesses with intent to sell a handgun to any
27 person he or she knows or has reasonable cause to believe has
28 purchased or has been given a handgun within the previous 30
29 days unless the purchase of multiple handguns is authorized
30 under subsection (c) or (d) of Section 24-3.1A. It is an
31 affirmative defense to a violation of this subsection that
32 the seller in good faith relied on the records of the
33 Department of State Police in concluding that the purchaser
34 had not purchased a handgun within the previous 30 days or
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1 that multiple purchases were authorized by subsection (b) of
2 Section 24-3.1A, or relied in good faith on the records of a
3 local law enforcement agency that the sale was authorized by
4 subsection (c) of Section 24-3.1A.
5 (j) Paragraph (h) of this Section shall not include
6 firearms sold within 6 months after enactment of this
7 amendatory Act of 1973, nor shall any firearm legally owned
8 or possessed by any citizen or purchased by any citizen
9 within 6 months after the enactment of this amendatory Act of
10 1973 be subject to confiscation or seizure under the
11 provisions of this amendatory Act of 1973. Nothing in this
12 amendatory Act of 1973 shall be construed to prohibit the
13 gift or trade of any firearm if that firearm was legally held
14 or acquired within 6 months after the enactment of this
15 amendatory Act of 1973.
16 (j-5) As used in this Section, "transfer" means the
17 actual or attempted transfer of a firearm or firearm
18 ammunition, with or without consideration, but does not
19 include the lease of a firearm, or the provision of
20 ammunition specifically for that firearm, if the firearm and
21 the ammunition are to be used on the lessor's premises, and
22 does not include any transfer of possession when the
23 transferor maintains supervision and control over the firearm
24 or ammunition.
25 (j-10) Paragraph (i-5) does not apply to the transfer or
26 possession with intent to transfer of a firearm to a
27 transferee who receives the firearm as an heir, legatee, or
28 beneficiary of or in a similar capacity to a deceased person
29 who had owned the firearm. Nothing in this paragraph (j-10)
30 makes lawful any sale or possession with intent to transfer
31 of a firearm, or any other possession or use of a firearm, in
32 violation of any law, other than paragraph (i-5), or in
33 violation of any municipal or county ordinance.
34 (k) Sentence.
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1 Any person convicted of unlawful transfer sale of
2 firearms in violation of paragraph (c), (e), (f), (g), or
3 paragraphs (b) through (h) commits a Class 4 felony. A person
4 convicted of a violation of subsection (i-5) of this Section
5 commits a Class A misdemeanor for a first offense and a Class
6 4 felony for a second or subsequent offense.
7 Any person convicted of unlawful transfer sale of
8 firearms in violation of paragraph (a), (b), or (i) commits a
9 Class 3 felony. Any person convicted of unlawful transfer
10 sale of firearms in violation of paragraph (a) or (i) in any
11 school, regardless of the time of day or the time of year, in
12 residential property owned, operated, and managed by a public
13 housing agency, in a public park, in a courthouse, on the
14 real property comprising any school, regardless of the time
15 of day or the time of year, on residential property owned,
16 operated, and managed by a public housing agency, on the real
17 property comprising any public park, on the real property
18 comprising any courthouse, in any conveyance owned, leased,
19 or contracted by a school to transport students to or from
20 school or a school related activity, or on any public way
21 within 1,000 feet of the real property comprising any school,
22 public park, courthouse, or residential property owned,
23 operated, and managed by a public housing agency commits a
24 Class 2 felony.
25 A person convicted of unlawful transfer of firearms in
26 violation of paragraph (d) commits a Class 2 felony.
27 (Source: P.A. 88-680, eff. 1-1-95.)
28 (720 ILCS 5/24-3.1A new)
29 Sec. 24-3.1A. Unlawful purchase of handguns.
30 (a) Except as provided in subsections (b) and (c), it
31 shall be unlawful for any person other than a person holding
32 a license under the Federal Gun Control Act of 1968, as
33 amended, to purchase more than one handgun within any 30-day
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1 period.
2 (b) Purchases in excess of one handgun within a 30-day
3 period may be made upon completion of an enhanced background
4 check, as described herein, by special application to the
5 Department of State Police listing the number and type of
6 handguns to be purchased and transferred for lawful business
7 or personal use, in a collector series, for collections, as a
8 bulk purchase from estate sales and for similar purposes.
9 Such applications shall be signed under oath by the applicant
10 on forms provided by the Department of State Police, shall
11 state the purpose for the purchase above the limit, and shall
12 require satisfactory proof of residency and identity. Such
13 application shall be in addition to the firearms sales report
14 required by the Bureau of Alcohol, Tobacco and Firearms
15 (ATF). The Director of State Police shall promulgate rules,
16 pursuant to the Illinois Administrative Procedure Act, for
17 the implementation of an application process for purchases of
18 handguns above the limit.
19 Upon being satisfied that these requirements have been
20 met, the Department of State Police shall forthwith issue to
21 the applicant a nontransferable certificate which shall be
22 valid for 7 days from the date of issue. The certificate
23 shall be surrendered to the dealer by the prospective
24 purchaser prior to the consummation of such sale and shall be
25 kept on file at the dealer's place of business for inspection
26 as provided in Section 24-4. Upon request of any local law
27 enforcement agency, and pursuant to its rules, the Department
28 of State Police may certify such local law enforcement agency
29 to serve as its agent to receive applications and, upon
30 authorization by the Department of State Police, issue
31 certificates forthwith pursuant to this Section. Applications
32 and certificates issued under this Section shall be
33 maintained as records by the Department of State Police, and
34 shall be made available to local law enforcement agencies all
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1 records concerning certificates issued pursuant to this
2 Section.
3 (c) The provisions of this Section shall not apply to:
4 (1) A law enforcement agency;
5 (2) State and local correctional agencies and
6 departments;
7 (3) The purchase of antique firearms as defined by
8 paragraph (4) of Section 1.1 of the Firearm Owners
9 Identification Card Act; or
10 (4) A person whose handgun is stolen or
11 irretrievably lost who deems it essential that such
12 handgun be replaced immediately. Such person may purchase
13 another handgun, even if the person has previously
14 purchased a handgun within a 30-day period, provided (i)
15 the person provides the firearms dealer with a copy of
16 the official police report or a summary thereof, on forms
17 provided by the Department of State Police, from the law
18 enforcement agency that took the report of the lost or
19 stolen handgun; (ii) the official police report or
20 summary thereof contains the name and address of the
21 handgun owner, the description of the handgun, the
22 location of the loss or theft, the date of the loss or
23 theft, and the date the loss or theft was reported to the
24 law enforcement agency; and (iii) the date of the loss or
25 theft as reflected on the official police report or
26 summary thereof occurred within 30 days of the person's
27 attempt to replace the handgun. The firearms dealer shall
28 attach a copy of the official police report or summary
29 thereof to the original copy of the form provided by the
30 Department of State Police completed for the transaction,
31 retain it for the period prescribed by the Department of
32 State Police, and forward a copy of the documents to the
33 Department of State Police. Such documents shall be
34 maintained by the Department of State Police and shall be
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1 made available to local law enforcement agencies.
2 (d) For the purposes of this Section, "purchase" shall
3 not include the exchange or replacement of a handgun by a
4 seller for a handgun purchased from such seller by the same
5 person seeking the exchange or replacement within the 30-day
6 period immediately preceding the date of exchange or
7 replacement.
8 (e) A violation of this Section is a Class A misdemeanor
9 for a first offense and a Class 4 felony for a second or
10 subsequent offense.".