102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4959
 
Introduced , by Rep. Maura Hirschauer
 
SYNOPSIS AS INTRODUCED:



720 ILCS 5/24-9.5

 Amends the Criminal Code of 2012. Provides that it is unlawful for any person (rather than a person licensed as a federal firearms dealer under Section 923 of the federal Gun Control Act of 1968) to offer for sale, sell, or transfer a handgun to a person not licensed under federal Gun Control Act of 1968, unless he or she sells or includes with the handgun a device or mechanism, other than the firearm safety, designed to render the handgun temporarily inoperable or inaccessible. 



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A BILL FOR
 


HB4959LRB102 24859 RLC 34107 b



1 AN ACT concerning criminal law.


2 Be it enacted by the People of the State of Illinois,

3represented in the General Assembly:



4 Section 5. The Criminal Code of 2012 is amended by 
5changing Section 24-9.5 as follows:

6 (720 ILCS 5/24-9.5)
7 Sec. 24-9.5. Handgun safety devices.
8 (a) It is unlawful for any a person licensed as a federal 
9firearms dealer under Section 923 of the federal Gun Control 
10Act of 1968 (18 U.S.C. 923) to offer for sale, sell, or 
11transfer a handgun to a person not licensed under Section 923 
12of the federal Gun Control Act of 1968 (18 U.S.C. 923) that 
13Act, unless he or she sells or includes with the handgun a 
14device or mechanism, other than the firearm safety, designed 
15to render the handgun temporarily inoperable or inaccessible. 
16This includes but is not limited to:
17  (1) An external device that is:
18   (i) attached to the handgun with a key or 
19 combination lock; and
20   (ii) designed to prevent the handgun from being 
21 discharged unless the device has been deactivated.
22  (2) An integrated mechanical safety, disabling, or 
23 locking device that is:
 
 
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1   (i) built into the handgun; and
2   (ii) designed to prevent the handgun from being 
3 discharged unless the device has been deactivated.
4 (b) Sentence. A person who violates this Section is guilty 
5of a Class C misdemeanor and shall be fined not less than 
6$1,000. A second or subsequent violation of this Section is a 
7Class A misdemeanor.
8 (c) For the purposes of this Section, "handgun" has the 
9meaning ascribed to it in clause (h)(2) of subsection (A) of 
10Section 24-3 of this Code.
11 (d) This Section does not apply to:
12  (1) the purchase, sale, or transportation of a handgun 
13 to or by a federally licensed firearms dealer or 
14 manufacturer that provides or services a handgun for:
15   (i) personnel of any unit of the federal 
16 government;
17   (ii) members of the armed forces of the United 
18 States or the National Guard;
19   (iii) law enforcement personnel of the State or 
20 any local law enforcement agency in the State while 
21 acting within the scope of their official duties; and
22   (iv) an organization that is required by federal 
23 law governing its specific business or activity to 
24 maintain handguns and applicable ammunition;
25  (2) a firearm modified to be permanently inoperative;
26  (3) the sale or transfer of a handgun by a federally 
 
 
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1 licensed firearms dealer or manufacturer described in item 
2 (1) of this subsection (d);
3  (4) the sale or transfer of a handgun by a federally 
4 licensed firearms dealer or manufacturer to a lawful 
5 customer outside the State; or
6  (5) an antique firearm.


7(Source: P.A. 94-390, eff. 1-1-06.)