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| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB5727 Introduced , by Rep. Luis Arroyo SYNOPSIS AS INTRODUCED:
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| 720 ILCS 5/24-3 | from Ch. 38, par. 24-3 | 720 ILCS 5/24-3.1A new | |
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Amends the Criminal Code of 2012. 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. Provides that notwithstanding any other rulemaking authority that may exist, neither the Governor nor any agency or agency head under the jurisdiction of the Governor has any authority to make or adopt rules to implement or enforce the provisions of the amendatory Act.
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| | | CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
| | A BILL FOR |
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1 | | AN ACT concerning criminal law.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Criminal Code of 2012 is amended by changing |
5 | | Section
24-3 and adding Section 24-3.1A
as follows:
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6 | | (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
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7 | | Sec. 24-3. Unlawful transfer sale or delivery of firearms.
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8 | | (A) A person commits the offense of unlawful transfer sale |
9 | | or delivery of firearms when he
or she knowingly does any of |
10 | | the following:
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11 | | (a) Transfers or possesses with intent to transfer |
12 | | Sells or gives any firearm of a size which may be concealed |
13 | | upon the
person to any person he or she has reasonable |
14 | | cause to believe is under 18 years of age.
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15 | | (b) Transfers or possesses with intent to transfer |
16 | | Sells or gives any firearm to a person under 21 years of |
17 | | age who has
been convicted of a misdemeanor other than a |
18 | | traffic offense or adjudged
delinquent.
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19 | | (b-5) Transfers or possesses with intent to transfer |
20 | | any firearm to a
person he or she has reasonable cause to |
21 | | believe is under 18 years of age. |
22 | | (c) Transfers or possesses with intent to transfer |
23 | | Sells or gives any firearm to any person he or she has |
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1 | | reasonable cause
to believe is a narcotic addict.
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2 | | (d) Transfers or possesses with intent to transfer |
3 | | Sells or gives any firearm to any person he or she has |
4 | | reasonable cause
to believe who has been convicted of a
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5 | | felony under the laws of this or any other jurisdiction.
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6 | | (e) Transfers or possesses with intent to transfer |
7 | | Sells or gives any firearm to any person he or she has |
8 | | reasonable cause
to believe who has been a patient in a
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9 | | mental institution within the past 5 years. In this |
10 | | subsection (e): |
11 | | "Mental institution" means any hospital, |
12 | | institution, clinic, evaluation facility, mental |
13 | | health center, or part thereof, which is used primarily |
14 | | for the care or treatment of persons with mental |
15 | | illness. |
16 | | "Patient in a mental institution" means the person |
17 | | was admitted, either voluntarily or involuntarily, to |
18 | | a mental institution for mental health treatment, |
19 | | unless the treatment was voluntary and solely for an |
20 | | alcohol abuse disorder and no other secondary |
21 | | substance abuse disorder or mental illness.
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22 | | (f) Transfers or possesses with intent to transfer |
23 | | Sells or gives any firearms to any person he or she knows |
24 | | or has
reasonable cause to believe who is a person with an |
25 | | intellectual disability.
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26 | | (g) Knowingly transfers Delivers any firearm of a size |
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1 | | which may be concealed upon the
person, incidental to a |
2 | | sale, without withholding delivery of such firearm
for at |
3 | | least 72 hours after application for its purchase has been |
4 | | made, or
delivers any rifle, shotgun or other long gun, or |
5 | | a stun gun or taser, incidental to a sale,
without |
6 | | withholding delivery of such rifle, shotgun or other long |
7 | | gun, or a stun gun or taser for
at least 24 hours after |
8 | | application for its purchase has been made.
However,
this |
9 | | paragraph (g) does not apply to: (1) the sale of a firearm
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10 | | to a law enforcement officer if the seller of the firearm |
11 | | knows that the person to whom he or she is selling the |
12 | | firearm is a law enforcement officer or the sale of a |
13 | | firearm to a person who desires to purchase a firearm for
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14 | | use in promoting the public interest incident to his or her |
15 | | employment as a
bank guard, armed truck guard, or other |
16 | | similar employment; (2) a mail
order sale of a firearm from |
17 | | a federally licensed firearms dealer to a nonresident of |
18 | | Illinois under which the firearm
is mailed to a federally |
19 | | licensed firearms dealer outside the boundaries of |
20 | | Illinois; (3) the sale
of a firearm to a nonresident of |
21 | | Illinois while at a firearm showing or display
recognized |
22 | | by the Illinois Department of State Police; (4) the sale of |
23 | | a
firearm to a dealer licensed as a federal firearms dealer |
24 | | under Section 923
of the federal Gun Control Act of 1968 |
25 | | (18 U.S.C. 923); or (5) the transfer or sale of any rifle, |
26 | | shotgun, or other long gun to a resident registered |
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1 | | competitor or attendee or non-resident registered |
2 | | competitor or attendee by any dealer licensed as a federal |
3 | | firearms dealer under Section 923 of the federal Gun |
4 | | Control Act of 1968 at competitive shooting events held at |
5 | | the World Shooting Complex sanctioned by a national |
6 | | governing body. For purposes of transfers or sales under |
7 | | subparagraph (5) of this paragraph (g), the Department of |
8 | | Natural Resources shall give notice to the Department of |
9 | | State Police at least 30 calendar days prior to any |
10 | | competitive shooting events at the World Shooting Complex |
11 | | sanctioned by a national governing body. The notification |
12 | | shall be made on a form prescribed by the Department of |
13 | | State Police. The sanctioning body shall provide a list of |
14 | | all registered competitors and attendees at least 24 hours |
15 | | before the events to the Department of State Police. Any |
16 | | changes to the list of registered competitors and attendees |
17 | | shall be forwarded to the Department of State Police as |
18 | | soon as practicable. The Department of State Police must |
19 | | destroy the list of registered competitors and attendees no |
20 | | later than 30 days after the date of the event. Nothing in |
21 | | this paragraph (g) relieves a federally licensed firearm |
22 | | dealer from the requirements of conducting a NICS |
23 | | background check through the Illinois Point of Contact |
24 | | under 18 U.S.C. 922(t). For purposes of this paragraph (g), |
25 | | "application" means when the buyer and seller reach an |
26 | | agreement to purchase a firearm.
For purposes of this |
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1 | | paragraph (g), "national governing body" means a group of |
2 | | persons who adopt rules and formulate policy on behalf of a |
3 | | national firearm sporting organization.
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4 | | (h) While holding any license
as a dealer,
importer, |
5 | | manufacturer or pawnbroker
under the federal Gun Control |
6 | | Act of 1968, knowingly
manufactures, sells or delivers to |
7 | | any unlicensed person a handgun having
a barrel, slide, |
8 | | frame or receiver which is a die casting of zinc alloy or
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9 | | any other nonhomogeneous metal which will melt or deform at |
10 | | a temperature
of less than 800 degrees Fahrenheit. For |
11 | | purposes of this paragraph, (1)
"firearm" is defined as in |
12 | | the Firearm Owners Identification Card Act; and (2)
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13 | | "handgun" is defined as a firearm designed to be held
and |
14 | | fired by the use of a single hand, and includes a |
15 | | combination of parts from
which such a firearm can be |
16 | | assembled.
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17 | | (i) Transfers or possesses with intent to transfer |
18 | | Sells or gives a firearm of any size to any person he or |
19 | | she knows or has reasonable cause
to believe is under 18 |
20 | | years of
age who does not possess a valid Firearm Owner's |
21 | | Identification Card.
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22 | | (i-5) While holding a license under the Federal Gun |
23 | | Control Act of 1968,
transfers or possesses with intent to |
24 | | transfer more than one handgun
to any person within any |
25 | | 30-day period or transfers or possesses with intent to
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26 | | transfer a handgun
to any person he or she knows or has |
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1 | | reasonable cause to
believe has received a handgun within |
2 | | the previous 30 days
unless the receipt of multiple |
3 | | handguns is exempted under subsection (c) or
(d) of Section |
4 | | 24-3.1A. It is an affirmative defense to a violation of |
5 | | this
subsection that the transferor in good faith relied on |
6 | | the records of the
Department of State Police in concluding |
7 | | that the transferor had not
transferred a
handgun within |
8 | | the previous 30 days or that multiple purchases were |
9 | | authorized
by subsection (b) of Section 24-3.1A, or relied |
10 | | in good faith on the records of
a local law enforcement |
11 | | agency that the transfer was authorized by subsection
(c)
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12 | | of Section 24-3.1A. |
13 | | (j) Transfers or possesses with intent to transfer |
14 | | Sells or gives a firearm while engaged in the business of |
15 | | selling
firearms at wholesale or retail without being |
16 | | licensed as a federal firearms
dealer under Section 923 of |
17 | | the federal Gun Control Act of 1968 (18 U.S.C.
923). In |
18 | | this paragraph (j):
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19 | | A person "engaged in the business" means a person who |
20 | | devotes time,
attention, and
labor to
engaging in the |
21 | | activity as a regular course of trade or business with the
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22 | | principal objective of livelihood and profit, but does not |
23 | | include a person who
makes occasional repairs of firearms |
24 | | or who occasionally fits special barrels,
stocks, or |
25 | | trigger mechanisms to firearms.
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26 | | "With the principal objective of livelihood and |
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1 | | profit" means that the
intent
underlying the sale or |
2 | | disposition of firearms is predominantly one of
obtaining |
3 | | livelihood and pecuniary gain, as opposed to other intents, |
4 | | such as
improving or liquidating a personal firearms |
5 | | collection; however, proof of
profit shall not be required |
6 | | as to a person who engages in the regular and
repetitive |
7 | | purchase and disposition of firearms for criminal purposes |
8 | | or
terrorism.
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9 | | (k) Transfers Sells or transfers ownership of a firearm |
10 | | to a person who does not display to the seller or |
11 | | transferor of the firearm either: (1) a currently valid |
12 | | Firearm Owner's Identification Card that has previously |
13 | | been issued in the transferee's name by the Department of |
14 | | State Police under the provisions of the Firearm Owners |
15 | | Identification Card Act; or (2) a currently valid license |
16 | | to carry a concealed firearm that has previously been |
17 | | issued in the transferee's name by the
Department of State |
18 | | Police under the Firearm Concealed Carry Act. This |
19 | | paragraph (k) does not apply to the transfer of a firearm |
20 | | to a person who is exempt from the requirement of |
21 | | possessing a Firearm Owner's Identification Card under |
22 | | Section 2 of the Firearm Owners Identification Card Act. |
23 | | For the purposes of this Section, a currently valid Firearm |
24 | | Owner's Identification Card means (i) a Firearm Owner's |
25 | | Identification Card that has not expired or (ii) an |
26 | | approval number issued in accordance with subsection |
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1 | | (a-10) of subsection 3 or Section 3.1 of the Firearm Owners |
2 | | Identification Card Act shall be proof that the Firearm |
3 | | Owner's Identification Card was valid. |
4 | | (1) In addition to the other requirements of this |
5 | | paragraph (k), all persons who are not federally |
6 | | licensed firearms dealers must also have complied with |
7 | | subsection (a-10) of Section 3 of the Firearm Owners |
8 | | Identification Card Act by determining the validity of |
9 | | a purchaser's Firearm Owner's Identification Card. |
10 | | (2) All sellers or transferors who have complied |
11 | | with the requirements of subparagraph (1) of this |
12 | | paragraph (k) shall not be liable for damages in any |
13 | | civil action arising from the use or misuse by the |
14 | | transferee of the firearm transferred, except for |
15 | | willful or wanton misconduct on the part of the seller |
16 | | or transferor. |
17 | | (l) Not
being entitled to the possession of a firearm, |
18 | | delivers the
firearm, knowing it to have been stolen or |
19 | | converted. It may be inferred that
a person who possesses a |
20 | | firearm with knowledge that its serial number has
been |
21 | | removed or altered has knowledge that the firearm is stolen |
22 | | or converted. |
23 | | (B) Paragraph (h) of subsection (A) does not include |
24 | | firearms sold within 6
months after enactment of Public
Act |
25 | | 78-355 (approved August 21, 1973, effective October 1, 1973), |
26 | | nor is any
firearm legally owned or
possessed by any citizen or |
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1 | | purchased by any citizen within 6 months after the
enactment of |
2 | | Public Act 78-355 subject
to confiscation or seizure under the |
3 | | provisions of that Public Act. Nothing in
Public Act 78-355 |
4 | | shall be construed to prohibit the gift or trade of
any firearm |
5 | | if that firearm was legally held or acquired within 6 months |
6 | | after
the enactment of that Public Act.
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7 | | (B-5) As used in this Section, "transfer" means the actual |
8 | | or attempted
transfer of a firearm or firearm
ammunition, with |
9 | | or without consideration, but does not include the lease of a
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10 | | firearm, or the provision of ammunition specifically for that |
11 | | firearm, if the
firearm and the ammunition are to be used on |
12 | | the lessor's premises, and does
not include any transfer of |
13 | | possession when the transferor maintains
supervision and |
14 | | control over the firearm or ammunition. |
15 | | (B-10) It is an affirmative defense to a violation of
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16 | | paragraph (i-5) of subsection (A) that the transfer or
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17 | | possession with intent to transfer of a firearm
was
to a |
18 | | transferee who received
the
firearm as an heir, legatee, or |
19 | | beneficiary of or in a similar capacity to a
deceased
person |
20 | | who had owned the firearm. Nothing in this paragraph (B-10) |
21 | | makes
lawful any transfer or possession with intent to transfer |
22 | | of a firearm, or any
other
possession or use of a firearm, in |
23 | | violation of any law, other than paragraph
(i-5) of subsection |
24 | | (A), or in violation of any municipal or county
ordinance. |
25 | | (C) Sentence.
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26 | | (1) Any person convicted of unlawful sale or delivery |
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1 | | of firearms in violation of
paragraph (c), (e), (f), (g), |
2 | | or (h) of subsection (A) commits a Class
4
felony. A person |
3 | | convicted of a violation of subsection (i-5) of subsection |
4 | | (A) of
this Section commits
a Class A misdemeanor for a |
5 | | first offense and a Class 4 felony for a second or
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6 | | subsequent offense.
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7 | | (2) Any person convicted of unlawful transfer sale or |
8 | | delivery of firearms in violation of
paragraph (b) , (b-5), |
9 | | or (i) of subsection (A) commits a Class 3 felony.
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10 | | (3) Any person convicted of unlawful transfer sale or |
11 | | delivery of firearms in violation of
paragraph (a) of |
12 | | subsection (A) commits a Class 2 felony.
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13 | | (4) Any person convicted of unlawful transfer sale or |
14 | | delivery of firearms in violation of
paragraph (a), (b), |
15 | | (b-5), or (i) of subsection (A) in any school, on the real
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16 | | property comprising a school, within 1,000 feet of the real |
17 | | property comprising
a school, at a school related activity, |
18 | | or on or within 1,000 feet of any
conveyance owned, leased, |
19 | | or contracted by a school or school district to
transport |
20 | | students to or from school or a school related activity,
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21 | | regardless of the time of day or time of year at which the |
22 | | offense
was committed, commits a Class 1 felony. Any person |
23 | | convicted of a second
or subsequent violation of unlawful |
24 | | transfer sale or delivery of firearms in violation of |
25 | | paragraph
(a), (b), (b-5), or (i) of subsection (A) in any |
26 | | school, on the real property
comprising a school, within |
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1 | | 1,000 feet of the real property comprising a
school, at a |
2 | | school related activity, or on or within 1,000 feet of any
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3 | | conveyance owned, leased, or contracted by a school or |
4 | | school district to
transport students to or from school or |
5 | | a school related activity,
regardless of the time of day or |
6 | | time of year at which the offense
was committed, commits a |
7 | | Class 1 felony for which the sentence shall be a
term of |
8 | | imprisonment of no less than 5 years and no more than 15 |
9 | | years.
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10 | | (5) Any person convicted of unlawful transfer sale or |
11 | | delivery of firearms in violation of
paragraph (a) or (i) |
12 | | of subsection (A) in residential property owned,
operated, |
13 | | or managed by a public housing agency or leased by a public |
14 | | housing
agency as part of a scattered site or mixed-income |
15 | | development, in a public
park, in a
courthouse, on |
16 | | residential property owned, operated, or managed by a |
17 | | public
housing agency or leased by a public housing agency |
18 | | as part of a scattered site
or mixed-income development, on |
19 | | the real property comprising any public park,
on the real
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20 | | property comprising any courthouse, or on any public way |
21 | | within 1,000 feet
of the real property comprising any |
22 | | public park, courthouse, or residential
property owned, |
23 | | operated, or managed by a public housing agency or leased |
24 | | by a
public housing agency as part of a scattered site or |
25 | | mixed-income development
commits a
Class 2 felony.
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26 | | (6) Any person convicted of unlawful transfer sale or |
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1 | | delivery of firearms in violation of
paragraph (j) of |
2 | | subsection (A) commits a Class A misdemeanor. A second or
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3 | | subsequent violation is a Class 4 felony. |
4 | | (7) Any person convicted of unlawful transfer sale or |
5 | | delivery of firearms in violation of paragraph (k) of |
6 | | subsection (A) commits a Class 4 felony, except that a |
7 | | violation of subparagraph (1) of paragraph (k) of |
8 | | subsection (A) shall not be punishable as a crime or petty |
9 | | offense. A third or subsequent conviction for a violation |
10 | | of paragraph (k) of subsection (A) is a Class 1 felony.
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11 | | (8) A person 18 years of age or older convicted of |
12 | | unlawful transfer sale or delivery of firearms in violation |
13 | | of paragraph (a) or (i) of subsection (A), when the firearm |
14 | | that was sold or given to another person under 18 years of |
15 | | age was used in the commission of or attempt to commit a |
16 | | forcible felony, shall be fined or imprisoned, or both, not |
17 | | to exceed the maximum provided for the most serious |
18 | | forcible felony so committed or attempted by the person |
19 | | under 18 years of age who was sold or given the firearm. |
20 | | (9) Any person convicted of unlawful transfer sale or |
21 | | delivery of firearms in violation of
paragraph (d) of |
22 | | subsection (A) commits a Class 3 felony. |
23 | | (10) Any person convicted of unlawful transfer sale or |
24 | | delivery of firearms in violation of paragraph (l) of |
25 | | subsection (A) commits a Class 2 felony if the delivery is |
26 | | of one firearm. Any person convicted of unlawful sale or |
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1 | | delivery of firearms in violation of paragraph (l) of |
2 | | subsection (A) commits a Class 1 felony if the delivery is |
3 | | of not less than 2 and not more than 5 firearms at the
same |
4 | | time or within a one year period. Any person convicted of |
5 | | unlawful transfer sale or delivery of firearms in violation |
6 | | of paragraph (l) of subsection (A) commits a Class X felony |
7 | | for which he or she shall be sentenced
to a term of |
8 | | imprisonment of not less than 6 years and not more than 30
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9 | | years if the delivery is of not less than 6 and not more |
10 | | than 10 firearms at the
same time or within a 2 year |
11 | | period. Any person convicted of unlawful transfer sale or |
12 | | delivery of firearms in violation of paragraph (l) of |
13 | | subsection (A) commits a Class X felony for which he or she |
14 | | shall be sentenced
to a term of imprisonment of not less |
15 | | than 6 years and not more than 40
years if the delivery is |
16 | | of not less than 11 and not more than 20 firearms at the
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17 | | same time or within a 3 year period. Any person convicted |
18 | | of unlawful transfer sale or delivery of firearms in |
19 | | violation of paragraph (l) of subsection (A) commits a |
20 | | Class X felony for which he or she shall be sentenced
to a |
21 | | term of imprisonment of not less than 6 years and not more |
22 | | than 50
years if the delivery is of not less than 21 and |
23 | | not more than 30 firearms at the
same time or within a 4 |
24 | | year period. Any person convicted of unlawful transfer sale |
25 | | or delivery of firearms in violation of paragraph (l) of |
26 | | subsection (A) commits a Class X felony for which he or she |
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1 | | shall be sentenced
to a term of imprisonment of not less |
2 | | than 6 years and not more than 60
years if the delivery is |
3 | | of 31 or more firearms at the
same time or within a 5 year |
4 | | period. |
5 | | (D) For purposes of this Section:
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6 | | "School" means a public or private elementary or secondary |
7 | | school,
community college, college, or university.
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8 | | "School related activity" means any sporting, social, |
9 | | academic, or
other activity for which students' attendance or |
10 | | participation is sponsored,
organized, or funded in whole or in |
11 | | part by a school or school district.
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12 | | (E) A prosecution for a violation of paragraph (k) of |
13 | | subsection (A) of this Section may be commenced within 6 years |
14 | | after the commission of the offense. A prosecution for a |
15 | | violation of this Section other than paragraph (g) of |
16 | | subsection (A) of this Section may be commenced within 5 years |
17 | | after the commission of the offense defined in the particular |
18 | | paragraph.
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19 | | (Source: P.A. 98-508, eff. 8-19-13; 99-29, eff. 7-10-15; |
20 | | 99-143, eff. 7-27-15; revised 10-16-15.)
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21 | | (720 ILCS 5/24-3.1A new)
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22 | | Sec. 24-3.1A. Unlawful acquisition of handguns.
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23 | | (a) Except as exempted in subsections (b) and (c), it is |
24 | | unlawful for
any person other than a person holding a license |
25 | | under the Federal Gun Control
Act of 1968, as amended, to |
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1 | | acquire more than one handgun within any 30-day
period.
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2 | | (b) Acquisitions in excess of one handgun within a 30-day |
3 | | period may be
made upon
completion of an enhanced background |
4 | | check, as described in this Section, by
special
application to |
5 | | the Department of State Police listing the number and type of
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6 | | handguns
to be acquired and transferred for lawful business or |
7 | | personal use, in a
collector
series, for collections, as a bulk |
8 | | purchase from estate sales, and for similar
purposes.
The |
9 | | application must be signed under oath by the applicant on forms |
10 | | provided
by the
Department of State Police, must state the |
11 | | purpose for the acquisition above
the
limit,
and must require |
12 | | satisfactory proof of residency and identity. The
application |
13 | | is
in addition to the firearms transfer report required by the |
14 | | Bureau of Alcohol,
Tobacco, Firearms and Explosives (ATF).
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15 | | Upon being satisfied that these requirements have been met, |
16 | | the Department of
State
Police must forthwith issue to the |
17 | | applicant a nontransferable certificate
that is
valid for 7 |
18 | | days from the date of issue. The certificate must be
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19 | | surrendered to
the transferor by the prospective transferee |
20 | | before the consummation of the
transfer
and
must be kept on |
21 | | file at the transferor's place of business for inspection as
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22 | | provided in Section 24-4.
Upon request of any local
law |
23 | | enforcement agency, the Department of
State
Police may certify |
24 | | the local law enforcement agency to serve as its agent to
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25 | | receive
applications and, upon authorization by the Department |
26 | | of State Police, issue
certificates forthwith under this |
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1 | | Section. Applications and
certificates issued
under this |
2 | | Section must be maintained as records by the Department of |
3 | | State
Police, and made available to local
law enforcement |
4 | | agencies.
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5 | | (c) This Section does not apply to:
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6 | | (1) A law enforcement agency;
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7 | | (2) State and local correctional agencies and |
8 | | departments;
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9 | | (3) The acquisition of antique firearms as defined by |
10 | | paragraph (4) of
Section
1.1 of the Firearm Owners |
11 | | Identification Card Act; or
|
12 | | (4) A person whose handgun is stolen or irretrievably |
13 | | lost who deems it
essential that
the handgun be replaced |
14 | | immediately. The person may acquire another handgun,
even |
15 | | if the person has previously acquired a handgun within a |
16 | | 30-day
period, if:
(i) the person provides the firearms |
17 | | transferor with a copy of the
official police
report or a |
18 | | summary of the official police report, on forms provided by |
19 | | the
Department of State
Police,
from the law enforcement |
20 | | agency that took the report of the lost or stolen
handgun;
|
21 | | (ii) the official police report or summary of the official |
22 | | police report
contains the name and
address of the
handgun |
23 | | owner, the description
and serial number
of the handgun, |
24 | | the location of the loss or
theft, the
date of the loss or |
25 | | theft, and the date the loss or theft was reported to the
|
26 | | law enforcement agency; and (iii) the date of the loss or |
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1 | | theft as reflected on
the
official police report or summary |
2 | | of the official police report occurred within
30 days of |
3 | | the
person's
attempt to replace the handgun. The firearms |
4 | | transferor must attach a copy of
the
official police report |
5 | | or summary of the official police report to the original
|
6 | | copy of the form
provided by the Department of State Police |
7 | | completed for the transaction,
retain it for the period
|
8 | | prescribed
by the Department of State Police, and forward a |
9 | | copy of the documents to the
Department of State Police. |
10 | | The documents must be maintained by the
Department of State |
11 | | Police and made available to local law enforcement
|
12 | | agencies.
|
13 | | (d) For the purposes of this Section, "acquisition" does |
14 | | not include the
exchange or
replacement of a handgun by a |
15 | | transferor for a handgun transferred from the
transferor
by the
|
16 | | same person seeking the exchange or replacement within the |
17 | | 30-day period
immediately preceding the date of exchange or |
18 | | replacement.
|
19 | | (e) The exemptions set forth in subsections (b) and (c) are
|
20 | | affirmative defenses to a violation of subsection (a).
|
21 | | (f) A violation of this Section is a Class A misdemeanor |
22 | | for a first offense
and a Class 4 felony for a second or |
23 | | subsequent offense. |
24 | | (g) Notwithstanding any other rulemaking authority that |
25 | | may exist, neither the Governor nor any agency or agency head |
26 | | under the jurisdiction of the Governor has any authority to |
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1 | | make or adopt rules to implement or enforce the provisions of |
2 | | this amendatory Act of the 99th General Assembly. If, however, |
3 | | the Governor believes that rules are necessary to implement or |
4 | | enforce the provisions of this amendatory Act of the 99th |
5 | | General Assembly, the Governor may suggest rules to the General |
6 | | Assembly by filing them with the Clerk of the House and the |
7 | | Secretary of the Senate and by requesting that the General |
8 | | Assembly authorize the rulemaking by law, enact those suggested |
9 | | rules into law, or take any other appropriate action in the |
10 | | General Assembly's discretion. Nothing contained in this |
11 | | amendatory Act of the 99th General Assembly shall be |
12 | | interpreted to grant rulemaking authority under any other |
13 | | Illinois statute if the authority is not otherwise explicitly |
14 | | given. For the purposes of this subsection, "rules" is given |
15 | | the meaning contained in Section 1-70 of the Illinois |
16 | | Administrative Procedure Act, and "agency" and "agency head" |
17 | | are given the meanings contained in Sections 1-20 and 1-25 of |
18 | | the Illinois Administrative Procedure Act to the extent that |
19 | | those definitions apply to agencies or agency heads under the |
20 | | jurisdiction of the Governor.
|