Bill Text: IL HB5495 | 2009-2010 | 96th General Assembly | Engrossed

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Bill Title: Amends the Criminal Code of 1961. Changes references in the statute on unlawful sale of firearms from "sell" or "give" to "transfer". Prohibits multiple sales of handguns within a 30-day period. Creates the offense of unlawful acquisition of handguns. Provides exemptions and affirmative defenses. Penalty is a Class A misdemeanor for a first offense and a Class 4 felony for a second or subsequent offense.

Sponsorship: Partisan Bill (Democrat 8)

Status: (Introduced - Dead) 2010-05-28 - Rule 19(a) / Re-referred to Rules Committee [HB5495 Detail]

Download: Illinois-2009-HB5495-Engrossed.html

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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 changing
Section 24-3 and adding Section 24-3.1A as follows:
(720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
Sec. 24-3. Unlawful transfer Sale of firearms Firearms.
(A) A person commits the offense of unlawful transfer sale
of firearms when he or she knowingly does any of the following:
(a) Transfers or possesses with intent to transfer
Sells or gives any firearm of a size which may be concealed
upon the person to any person he or she has reasonable
cause to believe is under 18 years of age.
(b) Transfers or possesses with intent to transfer
Sells or gives any firearm to a person under 21 years of
age who has been convicted of a misdemeanor other than a
traffic offense or adjudged delinquent.
(b-5) Transfers or possesses with intent to transfer
any firearm to a person he or she has reasonable cause to
believe is under 18 years of age.
(c) Transfers or possesses with intent to transfer
Sells or gives any firearm to any person he or she has
reasonable cause to believe is a narcotic addict.

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(d) Transfers or possesses with intent to transfer
Sells or gives any firearm to any person he or she has
reasonable cause to believe who has been convicted of a
felony under the laws of this or any other jurisdiction.
(e) Transfers or possesses with intent to transfer
Sells or gives any firearm to any person he or she has
reasonable cause to believe who has been a patient in a
mental hospital within the past 5 years.
(f) Transfers or possesses with intent to transfer
Sells or gives any firearms to any person he or she knows
or has reasonable cause to believe who is mentally
retarded.
(g) Knowingly transfers Delivers any firearm of a size
which may be concealed upon the person, incidental to a
sale, without withholding delivery of such firearm for at
least 72 hours after application for its purchase has been
made, or delivers any rifle, shotgun or other long gun, or
a stun gun or taser, incidental to a sale, without
withholding delivery of such rifle, shotgun or other long
gun, or a stun gun or taser for at least 24 hours after
application for its purchase has been made. However, this
paragraph (g) does not apply to: (1) the sale of a firearm
to a law enforcement officer if the seller of the firearm
knows that the person to whom he or she is selling the
firearm is a law enforcement officer or the sale of a
firearm to a person who desires to purchase a firearm for

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use in promoting the public interest incident to his or her
employment as a bank guard, armed truck guard, or other
similar employment; (2) a mail order sale of a firearm to a
nonresident of Illinois under which the firearm is mailed
to a point outside the boundaries of Illinois; (3) the sale
of a firearm to a nonresident of Illinois while at a
firearm showing or display recognized by the Illinois
Department of State Police; or (4) the sale of a firearm to
a dealer licensed as a federal firearms dealer under
Section 923 of the federal Gun Control Act of 1968 (18
U.S.C. 923). For purposes of this paragraph (g),
"application" means when the buyer and seller reach an
agreement to purchase a firearm.
(h) While holding any license as a dealer, importer,
manufacturer or pawnbroker under the federal Gun Control
Act of 1968, knowingly manufactures, sells or delivers to
any unlicensed person a handgun having a barrel, slide,
frame or receiver which is a die casting of zinc alloy or
any other nonhomogeneous metal which will melt or deform at
a temperature of less than 800 degrees Fahrenheit. For
purposes of this paragraph, (1) "firearm" is defined as in
the Firearm Owners Identification Card Act; and (2)
"handgun" is defined as a firearm designed to be held and
fired by the use of a single hand, and includes a
combination of parts from which such a firearm can be
assembled.

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(i) Transfers or possesses with intent to transfer
Sells or gives a firearm of any size to any person he or
she knows or has reasonable cause to believe is under 18
years of age who does not possess a valid Firearm Owner's
Identification Card.
(i-5) While holding a license under the Federal Gun
Control Act of 1968, transfers or possesses with intent to
transfer more than one handgun to any person within any
30-day period or transfers or possesses with intent to
transfer a handgun to any person he or she knows or has
reasonable cause to believe has received a handgun within
the previous 30 days unless the receipt of multiple
handguns is exempted under subsection (c) or (d) of Section
24-3.1A. It is an affirmative defense to a violation of
this subsection that the transferor in good faith relied on
the records of the Department of State Police in concluding
that the transferor had not transferred a handgun within
the previous 30 days or that multiple purchases were
authorized by subsection (b) of Section 24-3.1A, or relied
in good faith on the records of a local law enforcement
agency that the transfer was authorized by subsection (c)
of Section 24-3.1A.
(j) Transfers or possesses with intent to transfer
Sells or gives a firearm while engaged in the business of
selling firearms at wholesale or retail without being
licensed as a federal firearms dealer under Section 923 of

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the federal Gun Control Act of 1968 (18 U.S.C. 923). In
this paragraph (j):
A person "engaged in the business" means a person who
devotes time, attention, and labor to engaging in the
activity as a regular course of trade or business with the
principal objective of livelihood and profit, but does not
include a person who makes occasional repairs of firearms
or who occasionally fits special barrels, stocks, or
trigger mechanisms to firearms.
"With the principal objective of livelihood and
profit" means that the intent underlying the sale or
disposition of firearms is predominantly one of obtaining
livelihood and pecuniary gain, as opposed to other intents,
such as improving or liquidating a personal firearms
collection; however, proof of profit shall not be required
as to a person who engages in the regular and repetitive
purchase and disposition of firearms for criminal purposes
or terrorism.
(k) Transfers Sells or transfers ownership of a firearm
to a person who does not display to the seller or
transferor of the firearm a currently valid Firearm Owner's
Identification Card that has previously been issued in the
transferee's name by the Department of State Police under
the provisions of the Firearm Owners Identification Card
Act. This paragraph (k) does not apply to the transfer of a
firearm to a person who is exempt from the requirement of

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possessing a Firearm Owner's Identification Card under
Section 2 of the Firearm Owners Identification Card Act.
For the purposes of this Section, a currently valid Firearm
Owner's Identification Card means (i) a Firearm Owner's
Identification Card that has not expired or (ii) if the
transferor is licensed as a federal firearms dealer under
Section 923 of the federal Gun Control Act of 1968 (18
U.S.C. 923), an approval number issued in accordance with
Section 3.1 of the Firearm Owners Identification Card Act
shall be proof that the Firearm Owner's Identification Card
was valid.
(B) Paragraph (h) of subsection (A) does not include
firearms sold within 6 months after enactment of Public Act
78-355 (approved August 21, 1973, effective October 1, 1973),
nor is any firearm legally owned or possessed by any citizen or
purchased by any citizen within 6 months after the enactment of
Public Act 78-355 subject to confiscation or seizure under the
provisions of that Public Act. Nothing in Public Act 78-355
shall be construed to prohibit the gift or trade of any firearm
if that firearm was legally held or acquired within 6 months
after the enactment of that Public Act.
(B-5) As used in this Section, "transfer" means the actual
or attempted transfer of a firearm or firearm ammunition, with
or without consideration, but does not include the lease of a
firearm, or the provision of ammunition specifically for that
firearm, if the firearm and the ammunition are to be used on

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the lessor's premises, and does not include any transfer of
possession when the transferor maintains supervision and
control over the firearm or ammunition.
(B-10) It is an affirmative defense to a violation of
paragraph (i-5) of subsection (A) that the transfer or
possession with intent to transfer of a firearm was to a
transferee who received the firearm as an heir, legatee, or
beneficiary of or in a similar capacity to a deceased person
who had owned the firearm. Nothing in this paragraph (B-10)
makes lawful any transfer or possession with intent to transfer
of a firearm, or any other possession or use of a firearm, in
violation of any law, other than paragraph (i-5) of subsection
(A), or in violation of any municipal or county ordinance.
(C) Sentence.
(1) Any person convicted of unlawful transfer sale of
firearms in violation of paragraph (c), (e), (f), (g), or
(h) of subsection (A) commits a Class 4 felony. A person
convicted of a violation of subsection (i-5) of subsection
(A) of this Section commits a Class A misdemeanor for a
first offense and a Class 4 felony for a second or
subsequent offense.
(2) Any person convicted of unlawful transfer sale of
firearms in violation of paragraph (b), (b-5), or (i) of
subsection (A) commits a Class 3 felony.
(3) Any person convicted of unlawful transfer sale of
firearms in violation of paragraph (a) of subsection (A)

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commits a Class 2 felony.
(4) Any person convicted of unlawful transfer sale of
firearms in violation of paragraph (a), (b), (b-5), or (i)
of subsection (A) in any school, on the real property
comprising a school, within 1,000 feet of the real property
comprising a school, at a school related activity, or on or
within 1,000 feet of any conveyance owned, leased, or
contracted by a school or school district to transport
students to or from school or a school related activity,
regardless of the time of day or time of year at which the
offense was committed, commits a Class 1 felony. Any person
convicted of a second or subsequent violation of unlawful
transfer sale of firearms in violation of paragraph (a),
(b), (b-5), or (i) of subsection (A) in any school, on the
real property comprising a school, within 1,000 feet of the
real property comprising a school, at a school related
activity, or on or within 1,000 feet of any conveyance
owned, leased, or contracted by a school or school district
to transport students to or from school or a school related
activity, regardless of the time of day or time of year at
which the offense was committed, commits a Class 1 felony
for which the sentence shall be a term of imprisonment of
no less than 5 years and no more than 15 years.
(5) Any person convicted of unlawful transfer sale of
firearms in violation of paragraph (a) or (i) of subsection
(A) in residential property owned, operated, or managed by

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a public housing agency or leased by a public housing
agency as part of a scattered site or mixed-income
development, in a public park, in a courthouse, on
residential property owned, operated, or managed by a
public housing agency or leased by a public housing agency
as part of a scattered site or mixed-income development, on
the real property comprising any public park, on the real
property comprising any courthouse, or on any public way
within 1,000 feet of the real property comprising any
public park, courthouse, or residential property owned,
operated, or managed by a public housing agency or leased
by a public housing agency as part of a scattered site or
mixed-income development commits a Class 2 felony.
(6) Any person convicted of unlawful transfer sale of
firearms in violation of paragraph (j) of subsection (A)
commits a Class A misdemeanor. A second or subsequent
violation is a Class 4 felony.
(7) Any person convicted of unlawful transfer sale of
firearms in violation of paragraph (k) of subsection (A)
commits a Class 4 felony. A third or subsequent conviction
for a violation of paragraph (k) of subsection (A) is a
Class 1 felony.
(8) A person 18 years of age or older convicted of
unlawful transfer sale of firearms in violation of
paragraph (a) or (i) of subsection (A), when the firearm
that was sold or given to another person under 18 years of

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age was used in the commission of or attempt to commit a
forcible felony, shall be fined or imprisoned, or both, not
to exceed the maximum provided for the most serious
forcible felony so committed or attempted by the person
under 18 years of age who was sold or given the firearm.
(9) Any person convicted of unlawful transfer sale of
firearms in violation of paragraph (d) of subsection (A)
commits a Class 3 felony.
(D) For purposes of this Section:
"School" means a public or private elementary or secondary
school, community college, college, or university.
"School related activity" means any sporting, social,
academic, or other activity for which students' attendance or
participation is sponsored, organized, or funded in whole or in
part by a school or school district.
(E) A prosecution for a violation of paragraph (k) of
subsection (A) of this Section may be commenced within 6 years
after the commission of the offense. A prosecution for a
violation of this Section other than paragraph (g) of
subsection (A) of this Section may be commenced within 5 years
after the commission of the offense defined in the particular
paragraph.
(Source: P.A. 95-331, eff. 8-21-07; 95-735, eff. 7-16-08;
96-190, eff. 1-1-10.)
(720 ILCS 5/24-3.1A new)

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Sec. 24-3.1A. Unlawful acquisition of handguns.
(a) Except as exempted in subsections (b) and (c), it is
unlawful for any person other than a person holding a license
under the Federal Gun Control Act of 1968, as amended, to
acquire more than one handgun within any 30-day period.
(b) Acquisitions in excess of one handgun within a 30-day
period may be made upon completion of an enhanced background
check, as described in this Section, by special application to
the Department of State Police listing the number and type of
handguns to be acquired and transferred for lawful business or
personal use, in a collector series, for collections, as a bulk
purchase from estate sales, and for similar purposes. The
application must be signed under oath by the applicant on forms
provided by the Department of State Police, must state the
purpose for the acquisition above the limit, and must require
satisfactory proof of residency and identity. The application
is in addition to the firearms transfer report required by the
Bureau of Alcohol, Tobacco and Firearms (ATF). The Director of
State Police shall adopt rules, under the Illinois
Administrative Procedure Act, for the implementation of an
application process for acquisitions of handguns above the
limit.
Upon being satisfied that these requirements have been met,
the Department of State Police must forthwith issue to the
applicant a nontransferable certificate that is valid for 7
days from the date of issue. The certificate must be

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surrendered to the transferor by the prospective transferee
before the consummation of the transfer and must be kept on
file at the transferor's place of business for inspection as
provided in Section 24-4. Upon request of any local law
enforcement agency, and under its rules, the Department of
State Police may certify the local law enforcement agency to
serve as its agent to receive applications and, upon
authorization by the Department of State Police, issue
certificates forthwith under this Section. Applications and
certificates issued under this Section must be maintained as
records by the Department of State Police, and made available
to local law enforcement agencies.
(c) This Section does not apply to:
(1) A law enforcement agency;
(2) State and local correctional agencies and
departments;
(3) The acquisition of antique firearms as defined by
paragraph (4) of Section 1.1 of the Firearm Owners
Identification Card Act; or
(4) A person whose handgun is stolen or irretrievably
lost who deems it essential that the handgun be replaced
immediately. The person may acquire another handgun, even
if the person has previously acquired a handgun within a
30-day period, if: (i) the person provides the firearms
transferor with a copy of the official police report or a
summary of the official police report, on forms provided by

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the Department of State Police, from the law enforcement
agency that took the report of the lost or stolen handgun;
(ii) the official police report or summary of the official
police report contains the name and address of the handgun
owner, the description and serial number of the handgun,
the location of the loss or theft, the date of the loss or
theft, and the date the loss or theft was reported to the
law enforcement agency; and (iii) the date of the loss or
theft as reflected on the official police report or summary
of the official police report occurred within 30 days of
the person's attempt to replace the handgun. The firearms
transferor must attach a copy of the official police report
or summary of the official police report to the original
copy of the form provided by the Department of State Police
completed for the transaction, retain it for the period
prescribed by the Department of State Police, and forward a
copy of the documents to the Department of State Police.
The documents must be maintained by the Department of State
Police and made available to local law enforcement
agencies.
(d) For the purposes of this Section, "acquisition" does
not include the exchange or replacement of a handgun by a
transferor for a handgun transferred from the transferor by the
same person seeking the exchange or replacement within the
30-day period immediately preceding the date of exchange or
replacement.

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(e) The exemptions set forth in subsections (b) and (c) are
affirmative defenses to a violation of subsection (a).
(f) A violation of this Section is a Class A misdemeanor
for a first offense and a Class 4 felony for a second or
subsequent offense.