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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 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 sale or delivery of firearms.
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8 | (A) A person commits the offense of unlawful sale or | ||||||
9 | delivery of firearms when he
or she knowingly does any of the | ||||||
10 | following:
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11 | (a) Sells or gives any firearm of a size which may be | ||||||
12 | concealed upon the
person to any person under 18 years of | ||||||
13 | age.
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14 | (b) Sells or gives any firearm to a person under 21 | ||||||
15 | years of age who has
been convicted of a misdemeanor other | ||||||
16 | than a traffic offense or adjudged
delinquent.
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17 | (c) Sells or gives any firearm to any narcotic addict.
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18 | (d) Sells or gives any firearm to any person who has | ||||||
19 | been convicted of a
felony under the laws of this or any | ||||||
20 | other jurisdiction.
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21 | (e) Sells or gives any firearm to any person who has | ||||||
22 | been a patient in a
mental institution within the past 5 | ||||||
23 | years. In this subsection (e): |
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1 | "Mental institution" means any hospital, | ||||||
2 | institution, clinic, evaluation facility, mental | ||||||
3 | health center, or part thereof, which is used primarily | ||||||
4 | for the care or treatment of persons with mental | ||||||
5 | illness. | ||||||
6 | "Patient in a mental institution" means the person | ||||||
7 | was admitted, either voluntarily or involuntarily, to | ||||||
8 | a mental institution for mental health treatment, | ||||||
9 | unless the treatment was voluntary and solely for an | ||||||
10 | alcohol abuse disorder and no other secondary | ||||||
11 | substance abuse disorder or mental illness.
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12 | (f) Sells or gives any firearms to any person who is a | ||||||
13 | person with an intellectual disability.
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14 | (g) Delivers any firearm of a size which may be | ||||||
15 | concealed upon the
person , incidental to a sale, without | ||||||
16 | withholding delivery of the such firearm
for at least 72 | ||||||
17 | hours after application for its purchase has been made, or
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18 | delivers any rifle, shotgun or other long gun, or a stun | ||||||
19 | gun or taser, incidental to a sale,
without withholding | ||||||
20 | delivery of the such rifle, shotgun or other long gun, or a | ||||||
21 | stun gun or taser for
at least 24 hours after application | ||||||
22 | for its purchase has been made.
However,
this paragraph (g) | ||||||
23 | does not apply to: (1) the sale of a firearm
to a law | ||||||
24 | enforcement officer if the seller of the firearm knows that | ||||||
25 | the person to whom he or she is selling the firearm is a | ||||||
26 | law enforcement officer or the sale of a firearm to a |
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1 | person who desires to purchase a firearm for
use in | ||||||
2 | promoting the public interest incident to his or her | ||||||
3 | employment as a
bank guard, armed truck guard, or other | ||||||
4 | similar employment; (2) a mail
order sale of a firearm from | ||||||
5 | a federally licensed firearms dealer to a nonresident of | ||||||
6 | Illinois under which the firearm
is mailed to a federally | ||||||
7 | licensed firearms dealer outside the boundaries of | ||||||
8 | Illinois; (3) (blank); the sale
of a firearm to a | ||||||
9 | nonresident of Illinois while at a firearm showing or | ||||||
10 | display
recognized by the Illinois Department of State | ||||||
11 | Police; (4) the sale of a
firearm to a dealer licensed as a | ||||||
12 | federal firearms dealer under Section 923
of the federal | ||||||
13 | Gun Control Act of 1968 (18 U.S.C. 923); or (5) the | ||||||
14 | transfer or sale of any rifle, shotgun, or other long gun | ||||||
15 | to a resident registered competitor or attendee or | ||||||
16 | non-resident registered competitor or attendee by any | ||||||
17 | dealer licensed as a federal firearms dealer under Section | ||||||
18 | 923 of the federal Gun Control Act of 1968 at competitive | ||||||
19 | shooting events held at the World Shooting Complex | ||||||
20 | sanctioned by a national governing body. For purposes of | ||||||
21 | transfers or sales under subparagraph (5) of this paragraph | ||||||
22 | (g), the Department of Natural Resources shall give notice | ||||||
23 | to the Department of State Police at least 30 calendar days | ||||||
24 | prior to any competitive shooting events at the World | ||||||
25 | Shooting Complex sanctioned by a national governing body. | ||||||
26 | The notification shall be made on a form prescribed by the |
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1 | Department of State Police. The sanctioning body shall | ||||||
2 | provide a list of all registered competitors and attendees | ||||||
3 | at least 24 hours before the events to the Department of | ||||||
4 | State Police. Any changes to the list of registered | ||||||
5 | competitors and attendees shall be forwarded to the | ||||||
6 | Department of State Police as soon as practicable. The | ||||||
7 | Department of State Police must destroy the list of | ||||||
8 | registered competitors and attendees no later than 30 days | ||||||
9 | after the date of the event. Nothing in this paragraph (g) | ||||||
10 | relieves a federally licensed firearm dealer from the | ||||||
11 | requirements of conducting a NICS background check through | ||||||
12 | the Illinois Point of Contact under 18 U.S.C. 922(t). For | ||||||
13 | purposes of this paragraph (g), "application" means when | ||||||
14 | the buyer and seller reach an agreement to purchase a | ||||||
15 | firearm.
For purposes of this paragraph (g), "national | ||||||
16 | governing body" means a group of persons who adopt rules | ||||||
17 | and formulate policy on behalf of a national firearm | ||||||
18 | sporting organization.
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19 | (h) While holding any license
as a dealer,
importer, | ||||||
20 | manufacturer or pawnbroker
under the federal Gun Control | ||||||
21 | Act of 1968,
manufactures, sells or delivers to any | ||||||
22 | unlicensed person a handgun having
a barrel, slide, frame | ||||||
23 | or receiver which is a die casting of zinc alloy or
any | ||||||
24 | other nonhomogeneous metal which will melt or deform at a | ||||||
25 | temperature
of less than 800 degrees Fahrenheit. For | ||||||
26 | purposes of this paragraph, (1)
"firearm" is defined as in |
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1 | the Firearm Owners Identification Card Act; and (2)
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2 | "handgun" is defined as a firearm designed to be held
and | ||||||
3 | fired by the use of a single hand, and includes a | ||||||
4 | combination of parts from
which such a firearm can be | ||||||
5 | assembled.
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6 | (i) Sells or gives a firearm of any size to any person | ||||||
7 | under 18 years of
age who does not possess a valid Firearm | ||||||
8 | Owner's Identification Card.
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9 | (j) Sells or gives a firearm while engaged in the | ||||||
10 | business of selling
firearms at wholesale or retail without | ||||||
11 | being licensed as a federal firearms
dealer under Section | ||||||
12 | 923 of the federal Gun Control Act of 1968 (18 U.S.C.
923). | ||||||
13 | In this paragraph (j):
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14 | A person "engaged in the business" means a person who | ||||||
15 | devotes time,
attention, and
labor to
engaging in the | ||||||
16 | activity as a regular course of trade or business with the
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17 | principal objective of livelihood and profit, but does not | ||||||
18 | include a person who
makes occasional repairs of firearms | ||||||
19 | or who occasionally fits special barrels,
stocks, or | ||||||
20 | trigger mechanisms to firearms.
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21 | "With the principal objective of livelihood and | ||||||
22 | profit" means that the
intent
underlying the sale or | ||||||
23 | disposition of firearms is predominantly one of
obtaining | ||||||
24 | livelihood and pecuniary gain, as opposed to other intents, | ||||||
25 | such as
improving or liquidating a personal firearms | ||||||
26 | collection; however, proof of
profit shall not be required |
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1 | as to a person who engages in the regular and
repetitive | ||||||
2 | purchase and disposition of firearms for criminal purposes | ||||||
3 | or
terrorism.
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4 | (k) Sells or transfers ownership of a firearm to a | ||||||
5 | person who does not display to the seller or transferor of | ||||||
6 | the firearm either: (1) a currently valid Firearm Owner's | ||||||
7 | Identification Card that has previously been issued in the | ||||||
8 | transferee's name by the Department of State Police under | ||||||
9 | the provisions of the Firearm Owners Identification Card | ||||||
10 | Act; or (2) a currently valid license to carry a concealed | ||||||
11 | firearm that has previously been issued in the transferee's | ||||||
12 | name by the
Department of State Police under the Firearm | ||||||
13 | Concealed Carry Act. This paragraph (k) does not apply to | ||||||
14 | the transfer of a firearm to a person who is exempt from | ||||||
15 | the requirement of possessing a Firearm Owner's | ||||||
16 | Identification Card under Section 2 of the Firearm Owners | ||||||
17 | Identification Card Act. For the purposes of this Section, | ||||||
18 | a currently valid Firearm Owner's Identification Card | ||||||
19 | means (i) a Firearm Owner's Identification Card that has | ||||||
20 | not expired or (ii) an approval number issued in accordance | ||||||
21 | with subsection (a-10) of subsection 3 or Section 3.1 of | ||||||
22 | the Firearm Owners Identification Card Act shall be proof | ||||||
23 | that the Firearm Owner's Identification Card was valid. | ||||||
24 | (1) In addition to the other requirements of this | ||||||
25 | paragraph (k), all persons who are not federally | ||||||
26 | licensed firearms dealers must also have complied with |
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1 | subsection (a-10) of Section 3 of the Firearm Owners | ||||||
2 | Identification Card Act by determining the validity of | ||||||
3 | a purchaser's Firearm Owner's Identification Card. | ||||||
4 | (2) All sellers or transferors who have complied | ||||||
5 | with the requirements of subparagraph (1) of this | ||||||
6 | paragraph (k) shall not be liable for damages in any | ||||||
7 | civil action arising from the use or misuse by the | ||||||
8 | transferee of the firearm transferred, except for | ||||||
9 | willful or wanton misconduct on the part of the seller | ||||||
10 | or transferor. | ||||||
11 | (l) Not
being entitled to the possession of a firearm, | ||||||
12 | delivers the
firearm, knowing it to have been stolen or | ||||||
13 | converted. It may be inferred that
a person who possesses a | ||||||
14 | firearm with knowledge that its serial number has
been | ||||||
15 | removed or altered has knowledge that the firearm is stolen | ||||||
16 | or converted. | ||||||
17 | (B) Paragraph (h) of subsection (A) does not include | ||||||
18 | firearms sold within 6
months after enactment of Public
Act | ||||||
19 | 78-355 (approved August 21, 1973, effective October 1, 1973), | ||||||
20 | nor is any
firearm legally owned or
possessed by any citizen or | ||||||
21 | purchased by any citizen within 6 months after the
enactment of | ||||||
22 | Public Act 78-355 subject
to confiscation or seizure under the | ||||||
23 | provisions of that Public Act. Nothing in
Public Act 78-355 | ||||||
24 | shall be construed to prohibit the gift or trade of
any firearm | ||||||
25 | if that firearm was legally held or acquired within 6 months | ||||||
26 | after
the enactment of that Public Act.
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1 | (C) Sentence.
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2 | (1) Any person convicted of unlawful sale or delivery | ||||||
3 | of firearms in violation of
paragraph (c), (e), (f), (g), | ||||||
4 | or (h) of subsection (A) commits a Class
4
felony.
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5 | (2) Any person convicted of unlawful sale or delivery | ||||||
6 | of firearms in violation of
paragraph (b) or (i) of | ||||||
7 | subsection (A) commits a Class 3 felony.
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8 | (3) Any person convicted of unlawful sale or delivery | ||||||
9 | of firearms in violation of
paragraph (a) of subsection (A) | ||||||
10 | commits a Class 2 felony.
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11 | (4) Any person convicted of unlawful sale or delivery | ||||||
12 | of firearms in violation of
paragraph (a), (b), or (i) of | ||||||
13 | subsection (A) in any school, on the real
property | ||||||
14 | comprising a school, within 1,000 feet of the real property | ||||||
15 | comprising
a school, at a school related activity, or on or | ||||||
16 | within 1,000 feet of any
conveyance owned, leased, or | ||||||
17 | contracted by a school or school district to
transport | ||||||
18 | students to or from school or a school related activity,
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19 | regardless of the time of day or time of year at which the | ||||||
20 | offense
was committed, commits a Class 1 felony. Any person | ||||||
21 | convicted of a second
or subsequent violation of unlawful | ||||||
22 | sale or delivery of firearms in violation of paragraph
(a), | ||||||
23 | (b), or (i) of subsection (A) in any school, on the real | ||||||
24 | property
comprising a school, within 1,000 feet of the real | ||||||
25 | property comprising a
school, at a school related activity, | ||||||
26 | or on or within 1,000 feet of any
conveyance owned, leased, |
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1 | or contracted by a school or school district to
transport | ||||||
2 | students to or from school or a school related activity,
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3 | regardless of the time of day or time of year at which the | ||||||
4 | offense
was committed, commits a Class 1 felony for which | ||||||
5 | the sentence shall be a
term of imprisonment of no less | ||||||
6 | than 5 years and no more than 15 years.
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7 | (5) Any person convicted of unlawful sale or delivery | ||||||
8 | of firearms in violation of
paragraph (a) or (i) of | ||||||
9 | subsection (A) in residential property owned,
operated, or | ||||||
10 | managed by a public housing agency or leased by a public | ||||||
11 | housing
agency as part of a scattered site or mixed-income | ||||||
12 | development, in a public
park, in a
courthouse, on | ||||||
13 | residential property owned, operated, or managed by a | ||||||
14 | public
housing agency or leased by a public housing agency | ||||||
15 | as part of a scattered site
or mixed-income development, on | ||||||
16 | the real property comprising any public park,
on the real
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17 | property comprising any courthouse, or on any public way | ||||||
18 | within 1,000 feet
of the real property comprising any | ||||||
19 | public park, courthouse, or residential
property owned, | ||||||
20 | operated, or managed by a public housing agency or leased | ||||||
21 | by a
public housing agency as part of a scattered site or | ||||||
22 | mixed-income development
commits a
Class 2 felony.
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23 | (6) Any person convicted of unlawful sale or delivery | ||||||
24 | of firearms in violation of
paragraph (j) of subsection (A) | ||||||
25 | commits a Class A misdemeanor. A second or
subsequent | ||||||
26 | violation is a Class 4 felony. |
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1 | (7) Any person convicted of unlawful sale or delivery | ||||||
2 | of firearms in violation of paragraph (k) of subsection (A) | ||||||
3 | commits a Class 4 felony, except that a violation of | ||||||
4 | subparagraph (1) of paragraph (k) of subsection (A) shall | ||||||
5 | not be punishable as a crime or petty offense. A third or | ||||||
6 | subsequent conviction for a violation of paragraph (k) of | ||||||
7 | subsection (A) is a Class 1 felony.
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8 | (8) A person 18 years of age or older convicted of | ||||||
9 | unlawful sale or delivery of firearms in violation of | ||||||
10 | paragraph (a) or (i) of subsection (A), when the firearm | ||||||
11 | that was sold or given to another person under 18 years of | ||||||
12 | age was used in the commission of or attempt to commit a | ||||||
13 | forcible felony, shall be fined or imprisoned, or both, not | ||||||
14 | to exceed the maximum provided for the most serious | ||||||
15 | forcible felony so committed or attempted by the person | ||||||
16 | under 18 years of age who was sold or given the firearm. | ||||||
17 | (9) Any person convicted of unlawful sale or delivery | ||||||
18 | of firearms in violation of
paragraph (d) of subsection (A) | ||||||
19 | commits a Class 3 felony. | ||||||
20 | (10) Any person convicted of unlawful sale or delivery | ||||||
21 | of firearms in violation of paragraph (l) of subsection (A) | ||||||
22 | commits a Class 2 felony if the delivery is of one firearm. | ||||||
23 | Any person convicted of unlawful sale or delivery of | ||||||
24 | firearms in violation of paragraph (l) of subsection (A) | ||||||
25 | commits a Class 1 felony if the delivery is of not less | ||||||
26 | than 2 and not more than 5 firearms at the
same time or |
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1 | within a one year period. Any person convicted of unlawful | ||||||
2 | sale or delivery of firearms in violation of paragraph (l) | ||||||
3 | of subsection (A) commits a Class X felony for which he or | ||||||
4 | she shall be sentenced
to a term of imprisonment of not | ||||||
5 | less than 6 years and not more than 30
years if the | ||||||
6 | delivery is of not less than 6 and not more than 10 | ||||||
7 | firearms at the
same time or within a 2 year period. Any | ||||||
8 | person convicted of unlawful sale or delivery of firearms | ||||||
9 | in violation of paragraph (l) of subsection (A) commits a | ||||||
10 | Class X felony for which he or she shall be sentenced
to a | ||||||
11 | term of imprisonment of not less than 6 years and not more | ||||||
12 | than 40
years if the delivery is of not less than 11 and | ||||||
13 | not more than 20 firearms at the
same time or within a 3 | ||||||
14 | year period. Any person convicted of unlawful sale or | ||||||
15 | delivery of firearms in violation of paragraph (l) of | ||||||
16 | subsection (A) commits a Class X felony for which he or she | ||||||
17 | shall be sentenced
to a term of imprisonment of not less | ||||||
18 | than 6 years and not more than 50
years if the delivery is | ||||||
19 | of not less than 21 and not more than 30 firearms at the
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20 | same time or within a 4 year period. Any person convicted | ||||||
21 | of unlawful sale or delivery of firearms in violation of | ||||||
22 | paragraph (l) of subsection (A) commits a Class X felony | ||||||
23 | for which he or she shall be sentenced
to a term of | ||||||
24 | imprisonment of not less than 6 years and not more than 60
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25 | years if the delivery is of 31 or more firearms at the
same | ||||||
26 | time or within a 5 year period. |
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1 | (D) For purposes of this Section:
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2 | "School" means a public or private elementary or secondary | ||||||
3 | school,
community college, college, or university.
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4 | "School related activity" means any sporting, social, | ||||||
5 | academic, or
other activity for which students' attendance or | ||||||
6 | participation is sponsored,
organized, or funded in whole or in | ||||||
7 | part by a school or school district.
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8 | (E) A prosecution for a violation of paragraph (k) of | ||||||
9 | subsection (A) of this Section may be commenced within 6 years | ||||||
10 | after the commission of the offense. A prosecution for a | ||||||
11 | violation of this Section other than paragraph (g) of | ||||||
12 | subsection (A) of this Section may be commenced within 5 years | ||||||
13 | after the commission of the offense defined in the particular | ||||||
14 | paragraph.
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15 | (Source: P.A. 98-508, eff. 8-19-13; 99-29, eff. 7-10-15; | ||||||
16 | 99-143, eff. 7-27-15; 99-642, eff. 7-28-16.)
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