HB 4217

Abstract

Amends the Criminal Code of 1961. Provides that each county sheriff's office shall establish a Firearm Relinquishment Amnesty Program. Provides that a municipal police department 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 if the resident informs the local law enforcement agency at least 24 hours prior to the transfer of the firearm to the local law enforcement agency. Provides that failure to notify the local law enforcement agency at least 24 hours prior to the transfer of the firearm to the local law enforcement agency shall abrogate the resident's immunity from prosecution and permit the local law enforcement agency to question the resident about the possession of the firearm if the resident's possession of the firearm violates State law or a county or municipal ordinance. Provides that it is an affirmative defense to a violation of State law or a county or municipal ordinance that prohibits, regulates, or restricts the private ownership of firearms if the individual who is charged with the violation complied with the notification requirements of the Program. Preempts home rule. Provides that no reimbursement by the State is required for the implementation of any mandate created by these provisions. Effective July 1, 2008.