Rep. Jonathan Carroll
Filed: 5/25/2018
 
 

 

 

 
10000SB3256ham001LRB100 20547 RLC 40930 a



1
AMENDMENT TO SENATE BILL 3256 




2    AMENDMENT NO. ______. Amend Senate Bill 3256 by replacing 
3everything after the enacting clause with the following:

 
 
4    "Section 5. The Criminal Code of 2012 is amended  by 
5changing Section 24-3 as follows:
 


6    (720 ILCS 5/24-3)  (from Ch. 38, par. 24-3)



7    Sec. 24-3. Unlawful sale or delivery of firearms. 

8    (A) A person commits the offense of unlawful sale or 
9delivery of firearms when he
or she knowingly does any of the 
10following:

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.

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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1        (c) Sells or gives any firearm to any narcotic addict.

2        (d) Sells or gives any firearm to any person who has 
3    been convicted of a
felony under the laws of this or any 
4    other jurisdiction.

5        (e) Sells or gives any firearm to any person who has 
6    been a patient in a
mental institution within the past 5 
7    years. In  this subsection (e):
8            "Mental institution" means any hospital, 
9        institution, clinic, evaluation facility, mental 
10        health center, or part thereof, which is used primarily 
11        for the care or treatment of persons with mental 
12        illness. 
13            "Patient in a mental institution" means the person 
14        was admitted, either voluntarily or involuntarily, to 
15        a mental institution for mental health treatment, 
16        unless the treatment was voluntary and solely for an 
17        alcohol abuse disorder and no other secondary 
18        substance abuse disorder or mental illness.

19        (f) Sells or gives any firearms to any person who is a 
20    person with an intellectual disability.

21        (g) Delivers any firearm of a size which may be 
22    concealed upon the
person, incidental to a sale, without 
23    withholding delivery of the such firearm
for at least 72 
24    hours after application for its purchase has been made, or

25    delivers any rifle, shotgun or other long gun, or a stun 
26    gun or taser, incidental to a sale,
without withholding 
 
 
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1    delivery of the such rifle, shotgun or other long gun, or a 
2    stun gun or taser for
at least 24 hours after application 
3    for its purchase has been made.
However,
this paragraph (g) 
4    does not apply to: (1) the sale of a firearm
to a law 
5    enforcement officer if the seller of the firearm knows that 
6    the person to whom he or she is selling the firearm is a 
7    law enforcement officer or the sale of a firearm to a 
8    person who desires to purchase a firearm for
use in 
9    promoting the public interest incident to his or her 
10    employment as a
bank guard, armed truck guard, or other 
11    similar employment; (2) a mail
order sale of a firearm from 
12    a federally licensed firearms dealer to a nonresident of 
13    Illinois under which the firearm
is mailed to a federally 
14    licensed firearms dealer outside the boundaries of 
15    Illinois; (3) (blank); the sale
of a firearm to a 
16    nonresident of Illinois while at a firearm showing or 
17    display
recognized by the Illinois Department of State 
18    Police; (4) the sale of a
firearm to a dealer licensed as a 
19    federal firearms dealer under Section 923
of the federal 
20    Gun Control Act of 1968 (18 U.S.C. 923); or (5) the 
21    transfer or sale of any rifle, shotgun, or other long gun 
22    to a resident registered competitor or attendee or 
23    non-resident registered competitor or attendee by any 
24    dealer licensed as a federal firearms dealer under Section 
25    923 of the federal Gun Control Act of 1968 at competitive 
26    shooting events held at the World Shooting Complex 
 
 
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1    sanctioned by a national governing body. For purposes of 
2    transfers or sales under subparagraph (5) of this paragraph 
3    (g), the Department of Natural Resources shall give notice 
4    to the Department of State Police at least 30 calendar days 
5    prior to any competitive shooting events at the World 
6    Shooting Complex sanctioned by a national governing body.    
7    The notification shall be made on a form prescribed by the 
8    Department of State Police. The sanctioning body shall 
9    provide a list of all registered competitors and attendees 
10    at least 24 hours before the events to the Department of 
11    State Police.  Any changes to the list of registered 
12    competitors and attendees shall be forwarded to the 
13    Department of State Police as soon as practicable. The 
14    Department of State Police must destroy the list of 
15    registered competitors and attendees  no later than 30 days 
16    after the date of the event.  Nothing in this paragraph (g) 
17    relieves a federally licensed firearm dealer from the 
18    requirements of conducting a NICS background check through 
19    the Illinois Point of Contact under 18 U.S.C. 922(t). For 
20    purposes of this paragraph (g), "application" means when 
21    the buyer and seller reach an agreement to purchase a 
22    firearm.
For purposes of this paragraph (g), "national 
23    governing body" means a group of persons who adopt rules 
24    and formulate policy on behalf of a national firearm 
25    sporting organization. 

26        (h) While holding any license
as a dealer,
importer, 
 
 
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1    manufacturer or pawnbroker
under the federal Gun Control 
2    Act of 1968,
manufactures, sells or delivers to any 
3    unlicensed person a handgun having
a barrel, slide, frame 
4    or receiver which is a die casting of zinc alloy or
any 
5    other nonhomogeneous metal which will melt or deform at a 
6    temperature
of less than 800 degrees Fahrenheit.  For 
7    purposes of this paragraph, (1)
"firearm" is defined as in 
8    the Firearm Owners Identification Card Act; and (2)

9    "handgun" is defined as a firearm designed to be held
and 
10    fired by the use of a single hand, and includes a 
11    combination of parts from
which such a firearm can be 
12    assembled.

13        (i) Sells or gives a firearm of any size to any person 
14    under 18 years of
age who does not possess a valid Firearm 
15    Owner's Identification Card.

16        (j) Sells or gives a firearm while engaged in the 
17    business of selling
firearms at wholesale or retail without 
18    being licensed as a federal firearms
dealer under Section 
19    923 of the federal Gun Control Act of 1968 (18 U.S.C.
923).  
20    In this paragraph (j):

21        A person "engaged in the business" means a person who 
22    devotes time,
attention, and
labor to
engaging in the 
23    activity as a regular course of trade or business with the

24    principal objective of livelihood and profit, but does not 
25    include a person who
makes occasional repairs of firearms 
26    or who occasionally fits special barrels,
stocks, or 
 
 
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1    trigger mechanisms to firearms.

2        "With the principal objective of livelihood and 
3    profit" means that the
intent
underlying the sale or 
4    disposition of firearms is predominantly one of
obtaining 
5    livelihood and pecuniary gain, as opposed to other intents, 
6    such as
improving or liquidating a personal firearms 
7    collection; however, proof of
profit shall not be required 
8    as to a person who engages in the regular and
repetitive 
9    purchase and disposition of firearms for criminal purposes 
10    or
terrorism.

11        (k) Sells or transfers ownership of a firearm to a 
12    person who does not display to the seller or transferor of 
13    the firearm either: (1) a currently valid Firearm Owner's 
14    Identification Card that has previously been issued in the 
15    transferee's name by the Department of State Police under 
16    the provisions of the Firearm Owners Identification Card 
17    Act; or (2) a currently valid license to carry a concealed 
18    firearm that has previously been issued in the transferee's 
19    name by the
Department of State Police under the Firearm 
20    Concealed Carry Act.  This paragraph (k) does not apply to 
21    the transfer of a firearm to a person who is exempt from 
22    the requirement of possessing a Firearm Owner's 
23    Identification Card under Section 2 of the Firearm Owners 
24    Identification Card Act. For the purposes of this Section, 
25    a currently valid Firearm Owner's Identification Card 
26    means (i) a Firearm Owner's Identification Card that has 
 
 
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1    not expired or (ii) an approval number issued in accordance 
2    with subsection (a-10) of subsection 3 or Section 3.1 of 
3    the Firearm Owners Identification Card Act shall be proof 
4    that the Firearm Owner's Identification Card was valid.
5            (1) In addition to the other requirements of this 
6        paragraph (k), all persons who are not federally 
7        licensed firearms dealers must also have complied with 
8        subsection (a-10) of Section 3 of the Firearm Owners 
9        Identification Card Act by determining the validity of 
10        a purchaser's Firearm Owner's Identification Card.
11            (2) All sellers or transferors who have complied 
12        with the requirements of subparagraph (1) of this 
13        paragraph (k) shall not be liable for damages in any 
14        civil action arising from the use or misuse by the 
15        transferee of the firearm transferred, except for 
16        willful or wanton misconduct on the part of the seller 
17        or transferor. 
18        (l)  Not
being entitled to the possession of a firearm, 
19    delivers the
firearm, knowing it to have been stolen or 
20    converted.  It may be inferred that
a person who possesses a 
21    firearm with knowledge that its serial number has
been 
22    removed or altered has knowledge that the firearm is stolen 
23    or converted. 
24    (B) Paragraph (h) of subsection (A) does not include 
25firearms sold within 6
months after enactment of Public
Act 
2678-355 (approved August 21, 1973, effective October 1, 1973), 
 
 
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1nor is any
firearm legally owned or
possessed by any citizen or 
2purchased by any citizen within 6 months after the
enactment of 
3Public Act 78-355 subject
to confiscation or seizure under the 
4provisions of that Public Act.  Nothing in
Public Act 78-355 
5shall be construed to prohibit the gift or trade of
any firearm 
6if that firearm was legally held or acquired within 6 months 
7after
the enactment of that Public Act.

8    (C) Sentence.

9        (1) Any person convicted of unlawful sale or delivery 
10    of firearms in violation of
paragraph (c), (e), (f), (g), 
11    or (h) of subsection (A) commits a Class
4
felony.

12        (2) Any person convicted of unlawful sale or delivery 
13    of firearms in violation of
paragraph (b) or (i) of 
14    subsection (A) commits a Class 3 felony.

15        (3) Any person convicted of unlawful sale or delivery 
16    of firearms in violation of
paragraph (a) of subsection (A) 
17    commits a Class 2 felony.

18        (4) Any person convicted of unlawful sale or delivery 
19    of firearms in violation of
paragraph (a), (b), or (i) of 
20    subsection (A) in any school, on the real
property 
21    comprising a school, within 1,000 feet of the real property 
22    comprising
a school, at a school related activity, or on or 
23    within 1,000 feet of any
conveyance owned, leased, or 
24    contracted by a school or school district to
transport 
25    students to or from school or a school related activity,

26    regardless of the time of day or time of year at which the 
 
 
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1    offense
was committed, commits a Class 1 felony.  Any person 
2    convicted of a second
or subsequent violation of unlawful 
3    sale or delivery of firearms in violation of paragraph
(a), 
4    (b), or (i) of subsection (A) in any school, on the real 
5    property
comprising a school, within 1,000 feet of the real 
6    property comprising a
school, at a school related activity, 
7    or on or within 1,000 feet of any
conveyance owned, leased, 
8    or contracted by a school or school district to
transport 
9    students to or from school or a school related activity,

10    regardless of the time of day or time of year at which the 
11    offense
was committed, commits a Class 1 felony for which 
12    the sentence shall be a
term of imprisonment of no less 
13    than 5 years and no more than 15 years.

14        (5) Any person convicted of unlawful sale or delivery 
15    of firearms in violation of
paragraph (a) or (i) of 
16    subsection (A) in residential property owned,
operated, or 
17    managed by a public housing agency or leased by a public 
18    housing
agency as part of a scattered site or mixed-income 
19    development, in a public
park, in a
courthouse, on 
20    residential property owned, operated, or managed by a 
21    public
housing agency or leased by a public housing agency 
22    as part of a scattered site
or mixed-income development, on 
23    the real property comprising any public park,
on the real

24    property comprising any courthouse, or on any public way 
25    within 1,000 feet
of the real property comprising any 
26    public park, courthouse, or residential
property owned, 
 
 
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1    operated, or managed by a public housing agency or leased 
2    by a
public housing agency as part of a scattered site or 
3    mixed-income development
commits a
Class 2 felony.

4        (6) Any person convicted of unlawful sale or delivery 
5    of firearms in violation of
paragraph (j) of subsection (A) 
6    commits a Class A misdemeanor.  A second or
subsequent 
7    violation is a Class 4 felony.
8        (7) Any person convicted of unlawful sale or delivery 
9    of firearms in violation of paragraph (k) of subsection (A) 
10    commits a Class 4 felony, except that a violation of 
11    subparagraph (1) of paragraph (k) of subsection (A) shall 
12    not be punishable as a crime or petty offense.  A third or 
13    subsequent conviction for a violation of paragraph (k) of 
14    subsection (A) is a Class 1 felony.


15        (8)  A person 18 years of age or older convicted of 
16    unlawful sale or delivery of firearms in violation of 
17    paragraph (a) or (i) of subsection (A), when the firearm 
18    that was sold or given to another person under 18 years of 
19    age was used in the commission of or attempt to commit a 
20    forcible felony, shall be fined or imprisoned, or both, not 
21    to exceed the maximum provided for the most serious 
22    forcible felony so committed or attempted by the person 
23    under 18 years of age who was sold or given the firearm. 
24        (9)  Any person convicted of unlawful sale or delivery 
25    of firearms in violation of
paragraph (d) of subsection (A) 
26    commits a Class 3 felony.
 
 
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1        (10)  Any person convicted of unlawful sale or delivery 
2    of firearms in violation of paragraph (l) of subsection (A) 
3    commits a Class 2 felony if the delivery is of one firearm.  
4    Any person convicted of unlawful sale or delivery of 
5    firearms in violation of paragraph (l) of subsection (A) 
6    commits a Class 1 felony if the delivery is of not less 
7    than 2 and not more than 5 firearms at the
same time or 
8    within a one year period.  Any person convicted of unlawful 
9    sale or delivery of firearms in violation of paragraph (l) 
10    of subsection (A) commits a Class X felony for which he or 
11    she shall be sentenced
to a term of imprisonment of not 
12    less than 6 years and not more than 30
years if the 
13    delivery is of not less than 6 and not more than 10 
14    firearms at the
same time or within a 2 year period.   Any 
15    person convicted of unlawful sale or delivery of firearms 
16    in violation of paragraph (l) of subsection (A) commits a 
17    Class X felony for which he or she shall be sentenced
to a 
18    term of imprisonment of not less than 6 years and not more 
19    than 40
years if the delivery is of not less than 11 and 
20    not more than 20 firearms at the
same time or within a 3 
21    year period.   Any person convicted of unlawful sale or 
22    delivery of firearms in violation of paragraph (l) of 
23    subsection (A) commits a Class X felony for which he or she 
24    shall be sentenced
to a term of imprisonment of not less 
25    than 6 years and not more than 50
years if the delivery is 
26    of not less than 21 and not more than 30 firearms at the

 
 
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1    same time or within a 4 year period.   Any person convicted 
2    of unlawful sale or delivery of firearms in violation of 
3    paragraph (l) of subsection (A) commits a Class X felony 
4    for which he or she shall be sentenced
to a term of 
5    imprisonment of not less than 6 years and not more than 60

6    years if the delivery is of 31 or more firearms at the
same 
7    time or within a 5 year period. 
8    (D) For purposes of this Section:

9    "School" means a public or private elementary or secondary 
10school,
community college, college, or university.

11    "School related activity" means any sporting, social, 
12academic, or
other activity for which students' attendance or 
13participation is sponsored,
organized, or funded in whole or in 
14part by a school or school district.

15    (E) A prosecution for a violation of paragraph (k) of 
16subsection (A) of this Section may be commenced within 6 years 
17after the commission of the offense. A prosecution for a 
18violation of this Section other than paragraph (g) of 
19subsection (A) of this Section may be commenced within 5 years 
20after the commission of the offense defined in the particular 
21paragraph.

22(Source: P.A. 98-508, eff. 8-19-13; 99-29, eff. 7-10-15; 
2399-143, eff. 7-27-15; 99-642, eff. 7-28-16.)".