Bill Text: IL HB3791 | 2009-2010 | 96th General Assembly | Introduced

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Bill Title: Amends the Criminal Code of 1961. Provides that a municipal police department or church may establish a Firearm Relinquishment Amnesty Program. Provides that a resident of the county or municipality where the law enforcement agency that has established a Firearm Relinquishment Amnesty Program is located may, without identifying himself or herself and without being subject to prosecution for a violation of State law or a county or municipal ordinance relating to the illegal possession of that firearm, transfer the firearm to that local law enforcement agency or church. Preempts home rule. Effective immediately.

Sponsorship: Partisan Bill (Democrat 6)

Status: (Introduced - Dead) 2009-04-03 - Rule 19(a) / Re-referred to Rules Committee [HB3791 Detail]

Download: Illinois-2009-HB3791-Introduced.html

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96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 HB3791 Introduced 2/25/2009, by Rep. Elizabeth Hernandez SYNOPSIS AS INTRODUCED:
720 ILCS 5/24-11 new
Amends the Criminal Code of 1961. Provides that a municipal police department or church may establish a Firearm Relinquishment Amnesty Program. Provides that a resident of the county or municipality where the law enforcement agency that has established a Firearm Relinquishment Amnesty Program is located may, without identifying himself or herself and without being subject to prosecution for a violation of State law or a county or municipal ordinance relating to the illegal possession of that firearm, transfer the firearm to that local law enforcement agency or church. Preempts home rule. Effective immediately.
LRB096 09909 RLC 20072 b
FISCAL NOTE ACT MAY APPLY HOME RULE NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Criminal Code of 1961 is amended by adding
Section 24-11 as follows:
(720 ILCS 5/24-11 new)
Sec. 24-11. Firearm Relinquishment Amnesty Program.
(a) A municipal police department or church may establish a
Firearm Relinquishment Amnesty Program. A resident of the
county or municipality where the law enforcement agency that
has established a Firearm Relinquishment Amnesty Program is
located may, without identifying himself or herself and without
being subject to prosecution for a violation of State law or a
county or municipal ordinance relating to the illegal
possession of that firearm, transfer the firearm to that local
law enforcement agency or church.
(b) A local law enforcement agency that has knowledge that
a resident who relinquishes a firearm in accordance with this
Section is in violation of federal law concerning the
resident's possession of the firearm may not inform a federal
law enforcement agency or United States Attorney's Office or
United States Attorney General's Office of such violation
unless the failure to inform such agency or Office would be a

HB3791 - 2 - LRB096 09909 RLC 20072 b
violation of federal law.
(c) A home rule unit may not exercise its home rule powers
and functions in a manner that is inconsistent with this
Section. This subsection (c) is a limitation under subsection
(i) of Section 6 of Article VII of the Illinois Constitution on
the concurrent exercise by home rule units of powers and
functions exercised by the State.
Section 99. Effective date. This Act takes effect upon
becoming law.