SB0089 101ST GENERAL ASSEMBLY

LRB101 06209 SLF 51233 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB0089

Introduced 1/23/2019, by Sen. Julie A. Morrison

SYNOPSIS AS INTRODUCED:

720 ILCS 5/24-9.5

Amends the Criminal Code of 2012 concerning firearm safety devices. Provides that any firearm sold or transferred in the State by a federally licensed firearms dealer or a private seller, including a private transfer through a firearms dealer, shall at the time of the sale or transfer of the firearm include or be accompanied by a firearm safety device. Provides that the Department of State Police shall adopt rules setting forth specific firearm safety devices or the minimum standards to constitute an effective firearm safety device. Defines "firearm safety device" as an integrated design feature or an attachable accessory that is resistant to tampering and is effective in preventing the discharge of a firearm by a person who does not have access to the key, combination, or other safety mechanism used to disengage the device, but does not include the firearm safety, safety catch, or any other safety system that prevents the accidental firing of a firearm. Provides exemptions. A violation of this provision is a Class C misdemeanor with a fine of not less than $1,000. A second or subsequent violation is a Class A misdemeanor.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

A BILL FOR

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 2012 is amended by changing Section 24-9.5 as follows:

(720 ILCS 5/24-9.5)

Sec. 24-9.5. Firearm Handgun safety devices.

(a) (Blank). It is unlawful for a person licensed as a federal firearms dealer under Section 923 of the federal Gun Control Act of 1968 (18 U.S.C. 923) to offer for sale, sell, or transfer a handgun to a person not licensed under that Act, 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. This includes but is not limited to:

(1) An external device that is:

(i) attached to the handgun with a key or combination lock; and

(ii) designed to prevent the handgun from being discharged unless the device has been deactivated.

(2) An integrated mechanical safety, disabling, or locking device that is:

(i) built into the handgun; and

(ii) designed to prevent the handgun from being discharged unless the device has been deactivated.

(a-5) Any firearm sold or transferred in this State by a federally licensed firearms dealer or a private seller, including a private transfer through a firearms dealer, shall at the time of the sale or transfer of the firearm include or be accompanied by a firearm safety device. The Department of State Police shall adopt rules setting forth specific firearm safety devices or the minimum standards to constitute an effective firearm safety device. In this Section, "firearm safety device" means an integrated design feature or an attachable accessory that is resistant to tampering and is effective in preventing the discharge of a firearm by a person who does not have access to the key, combination, or other safety mechanism used to disengage the device, but does not include the firearm safety, safety catch, or any other safety system that prevents the accidental firing of a firearm. The sale or transfer of a firearm shall be exempt from the requirements of this subsection (a-5) if:

(1) the purchaser or transferee purchases an approved firearm safety device no more than 30 days prior to the day the purchaser or transferee takes possession of the firearm;

(2) the purchaser or transferee presents the approved firearm safety device to the firearms dealer receiving the firearm;

(3) the purchaser or transferee presents an original receipt to the firearms dealer, which shows the date of purchase, the name, and the model number of the firearm safety device;

(4) the firearms dealer verifies that the requirements in paragraphs (1), (2), and (3) of this subsection (a-5) have been met; and

(5) the firearms dealer maintains a copy of the receipt along with the dealer's record of the sale of the firearm.

(b) Sentence. A person who violates this Section is guilty of a Class C misdemeanor and shall be fined not less than $1,000. A second or subsequent violation of this Section is a Class A misdemeanor.

(c) (Blank). For the purposes of this Section, "handgun" has the meaning ascribed to it in clause (h)(2) of subsection (A) of Section 24-3 of this Code.

(d) This Section does not apply to:

(1) the purchase, sale, or transportation of a handgun to or by a federally licensed firearms dealer or manufacturer that provides or services a handgun for:

(i) personnel of any unit of the federal government;

(ii) members of the armed forces of the United States or the National Guard;

(iii) law enforcement personnel of the State or any local law enforcement agency in the State while acting within the scope of their official duties; and

(iv) an organization that is required by federal law governing its specific business or activity to maintain handguns and applicable ammunition;

(2) a firearm modified to be permanently inoperative;

(3) the sale or transfer of a handgun by a federally licensed firearms dealer or manufacturer described in item (1) of this subsection (d);

(4) the sale or transfer of a handgun by a federally licensed firearms dealer or manufacturer to a lawful customer outside the State; or

(5) an antique firearm.

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