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1 | AN ACT concerning firearms.
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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 Firearm Owners Identification Card Act is | |||||||||||||||||||||||||
5 | amended by changing Sections 1.1 and 3a as follows:
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6 | (430 ILCS 65/1.1) (from Ch. 38, par. 83-1.1)
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7 | Sec. 1.1. For purposes of this Act:
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8 | "Addicted to narcotics" means a person who has been: | |||||||||||||||||||||||||
9 | (1) convicted of an offense involving the use or | |||||||||||||||||||||||||
10 | possession of cannabis, a controlled substance, or | |||||||||||||||||||||||||
11 | methamphetamine within the past year; or | |||||||||||||||||||||||||
12 | (2) determined by the Department of State Police to be | |||||||||||||||||||||||||
13 | addicted to narcotics based upon federal law or federal | |||||||||||||||||||||||||
14 | guidelines. | |||||||||||||||||||||||||
15 | "Addicted to narcotics" does not include possession or use | |||||||||||||||||||||||||
16 | of a prescribed controlled substance under the direction and | |||||||||||||||||||||||||
17 | authority of a physician or other person authorized to | |||||||||||||||||||||||||
18 | prescribe the controlled substance when the controlled | |||||||||||||||||||||||||
19 | substance is used in the prescribed manner. | |||||||||||||||||||||||||
20 | "Adjudicated as a person with a mental disability" means | |||||||||||||||||||||||||
21 | the person is the subject of a determination by a court, board, | |||||||||||||||||||||||||
22 | commission or other lawful authority that the person, as a | |||||||||||||||||||||||||
23 | result of marked subnormal intelligence, or mental illness, |
| |||||||
| |||||||
1 | mental impairment, incompetency, condition, or disease: | ||||||
2 | (1) presents a clear and present danger to himself, | ||||||
3 | herself, or to others; | ||||||
4 | (2) lacks the mental capacity to manage his or her own | ||||||
5 | affairs or is adjudicated a person with a disability as | ||||||
6 | defined in Section 11a-2 of the Probate Act of 1975; | ||||||
7 | (3) is not guilty in a criminal case by reason of | ||||||
8 | insanity, mental disease or defect; | ||||||
9 | (3.5) is guilty but mentally ill, as provided in | ||||||
10 | Section 5-2-6 of the Unified Code of Corrections; | ||||||
11 | (4) is incompetent to stand trial in a criminal case; | ||||||
12 | (5) is not guilty by reason of lack of mental | ||||||
13 | responsibility under Articles 50a and 72b of the Uniform | ||||||
14 | Code of Military Justice, 10 U.S.C. 850a, 876b;
| ||||||
15 | (6) is a sexually violent person under subsection (f) | ||||||
16 | of Section 5 of the Sexually Violent Persons Commitment | ||||||
17 | Act; | ||||||
18 | (7) is a sexually dangerous person under the Sexually | ||||||
19 | Dangerous Persons Act; | ||||||
20 | (8) is unfit to stand trial under the Juvenile Court | ||||||
21 | Act of 1987; | ||||||
22 | (9) is not guilty by reason of insanity under the | ||||||
23 | Juvenile Court Act of 1987; | ||||||
24 | (10) is subject to involuntary admission as an | ||||||
25 | inpatient as defined in Section 1-119 of the Mental Health | ||||||
26 | and Developmental Disabilities Code; |
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| |||||||
1 | (11) is subject to involuntary admission as an | ||||||
2 | outpatient as defined in Section 1-119.1 of the Mental | ||||||
3 | Health and Developmental Disabilities Code; | ||||||
4 | (12) is subject to judicial admission as set forth in | ||||||
5 | Section 4-500 of the Mental Health and Developmental | ||||||
6 | Disabilities Code; or | ||||||
7 | (13) is subject to the provisions of the Interstate | ||||||
8 | Agreements on Sexually Dangerous Persons Act. | ||||||
9 | "Clear and present danger" means a person who: | ||||||
10 | (1) communicates a serious threat of physical violence | ||||||
11 | against a reasonably identifiable victim or poses a clear | ||||||
12 | and imminent risk of serious physical injury to himself, | ||||||
13 | herself, or another person as determined by a physician, | ||||||
14 | clinical psychologist, or qualified examiner; or | ||||||
15 | (2) demonstrates threatening physical or verbal | ||||||
16 | behavior, such as violent, suicidal, or assaultive | ||||||
17 | threats, actions, or other behavior, as determined by a | ||||||
18 | physician, clinical psychologist, qualified examiner, | ||||||
19 | school administrator, or law enforcement official. | ||||||
20 | "Clinical psychologist" has the meaning provided in | ||||||
21 | Section 1-103 of the Mental Health and Developmental | ||||||
22 | Disabilities Code. | ||||||
23 | "Controlled substance" means a controlled substance or | ||||||
24 | controlled substance analog as defined in the Illinois | ||||||
25 | Controlled Substances Act. | ||||||
26 | "Counterfeit" means to copy or imitate, without legal |
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| |||||||
1 | authority, with
intent
to deceive. | ||||||
2 | "Federally licensed firearm dealer" means a person who is | ||||||
3 | licensed as a federal firearms dealer under Section 923 of the | ||||||
4 | federal Gun Control Act of 1968 (18 U.S.C. 923).
| ||||||
5 | "Firearm" means any device, by
whatever name known, which | ||||||
6 | is designed to expel a projectile or projectiles
by the action | ||||||
7 | of an explosion, expansion of gas or escape of gas; excluding,
| ||||||
8 | however:
| ||||||
9 | (1) any pneumatic gun, spring gun, paint ball gun, or | ||||||
10 | B-B gun which
expels a single globular projectile not | ||||||
11 | exceeding .18 inch in
diameter or which has a maximum | ||||||
12 | muzzle velocity of less than 700 feet
per second;
| ||||||
13 | (1.1) any pneumatic gun, spring gun, paint ball gun, or | ||||||
14 | B-B gun which expels breakable paint balls containing | ||||||
15 | washable marking colors; | ||||||
16 | (2) any device used exclusively for signalling or | ||||||
17 | safety and required or
recommended by the United States | ||||||
18 | Coast Guard or the Interstate Commerce
Commission;
| ||||||
19 | (3) any device used exclusively for the firing of stud | ||||||
20 | cartridges,
explosive rivets or similar industrial | ||||||
21 | ammunition; and
| ||||||
22 | (4) an antique firearm (other than a machine-gun) | ||||||
23 | which, although
designed as a weapon, the Department of | ||||||
24 | State Police finds by reason of
the date of its | ||||||
25 | manufacture, value, design, and other characteristics is
| ||||||
26 | primarily a collector's item and is not likely to be used |
| |||||||
| |||||||
1 | as a weapon.
| ||||||
2 | "Firearm ammunition" means any self-contained cartridge or | ||||||
3 | shotgun
shell, by whatever name known, which is designed to be | ||||||
4 | used or adaptable to
use in a firearm; excluding, however:
| ||||||
5 | (1) any ammunition exclusively designed for use with a | ||||||
6 | device used
exclusively for signalling or safety and | ||||||
7 | required or recommended by the
United States Coast Guard or | ||||||
8 | the Interstate Commerce Commission; and
| ||||||
9 | (2) any ammunition designed exclusively for use with a | ||||||
10 | stud or rivet
driver or other similar industrial | ||||||
11 | ammunition. | ||||||
12 | "Gun show" means an event or function: | ||||||
13 | (1) at which the sale and transfer of firearms is the | ||||||
14 | regular and normal course of business and where 50 or more | ||||||
15 | firearms are displayed, offered, or exhibited for sale, | ||||||
16 | transfer, or exchange; or | ||||||
17 | (2) at which not less than 10 gun show vendors display, | ||||||
18 | offer, or exhibit for sale, sell, transfer, or exchange | ||||||
19 | firearms.
| ||||||
20 | "Gun show" includes the entire premises provided for an | ||||||
21 | event or function, including parking areas for the event or | ||||||
22 | function, that is sponsored to facilitate the purchase, sale, | ||||||
23 | transfer, or exchange of firearms as described in this Section.
| ||||||
24 | Nothing in this definition shall be construed to exclude a gun | ||||||
25 | show held in conjunction with competitive shooting events at | ||||||
26 | the World Shooting and Recreational Complex sanctioned by a |
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| |||||||
1 | national governing body in which the sale or transfer of | ||||||
2 | firearms is authorized under subparagraph (5) of paragraph (g) | ||||||
3 | of subsection (A) of Section 24-3 of the Criminal Code of 2012. | ||||||
4 | Unless otherwise expressly stated, "gun show" does not | ||||||
5 | include training or safety classes, competitive shooting | ||||||
6 | events, such as rifle, shotgun, or handgun matches, trap, | ||||||
7 | skeet, or sporting clays shoots, dinners, banquets, raffles, or
| ||||||
8 | any other event where the sale or transfer of firearms is not | ||||||
9 | the primary course of business. | ||||||
10 | "Gun show promoter" means a person who organizes or | ||||||
11 | operates a gun show. | ||||||
12 | "Gun show vendor" means a person who exhibits, sells, | ||||||
13 | offers for sale, transfers, or exchanges any firearms at a gun | ||||||
14 | show, regardless of whether the person arranges with a gun show | ||||||
15 | promoter for a fixed location from which to exhibit, sell, | ||||||
16 | offer for sale, transfer, or exchange any firearm. | ||||||
17 | "Involuntarily admitted" has the meaning as prescribed in | ||||||
18 | Sections 1-119 and 1-119.1 of the Mental Health and | ||||||
19 | Developmental Disabilities Code. | ||||||
20 | "Mental health facility" means any licensed private | ||||||
21 | hospital or hospital affiliate, institution, or facility, or | ||||||
22 | part thereof, and any facility, or part thereof, operated by | ||||||
23 | the State or a political subdivision thereof which provide | ||||||
24 | treatment of persons with mental illness and includes all | ||||||
25 | hospitals, institutions, clinics, evaluation facilities, | ||||||
26 | mental health centers, colleges, universities, long-term care |
| |||||||
| |||||||
1 | facilities, and nursing homes, or parts thereof, which provide | ||||||
2 | treatment of persons with mental illness whether or not the | ||||||
3 | primary purpose is to provide treatment of persons with mental | ||||||
4 | illness. | ||||||
5 | "National governing body" means a group of persons who | ||||||
6 | adopt rules and formulate policy on behalf of a national | ||||||
7 | firearm sporting organization. | ||||||
8 | "Patient" means: | ||||||
9 | (1) a person who is admitted as an inpatient or | ||||||
10 | resident of a public or private mental health facility for | ||||||
11 | mental health treatment under Chapter III of the Mental | ||||||
12 | Health and Developmental Disabilities Code as an informal | ||||||
13 | admission, a voluntary admission, a minor admission, an | ||||||
14 | emergency admission, or an involuntary admission, unless | ||||||
15 | the treatment was solely for an alcohol abuse disorder; or | ||||||
16 | (2) a person who voluntarily or involuntarily receives | ||||||
17 | mental health treatment as an out-patient or is otherwise | ||||||
18 | provided services by a public or private mental health | ||||||
19 | facility, and who poses a clear and present danger to | ||||||
20 | himself, herself, or to others. | ||||||
21 | "Person with a developmental disability" means a person | ||||||
22 | with a disability which is attributable to any other condition | ||||||
23 | which results in impairment similar to that caused by an | ||||||
24 | intellectual disability and which requires services similar to | ||||||
25 | those required by persons with intellectual disabilities. The | ||||||
26 | disability must originate before the age of 18
years, be |
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1 | expected to continue indefinitely, and constitute a | ||||||
2 | substantial disability. This disability results, in the | ||||||
3 | professional opinion of a physician, clinical psychologist, or | ||||||
4 | qualified examiner, in significant functional limitations in 3 | ||||||
5 | or more of the following areas of major life activity: | ||||||
6 | (i) self-care; | ||||||
7 | (ii) receptive and expressive language; | ||||||
8 | (iii) learning; | ||||||
9 | (iv) mobility; or | ||||||
10 | (v) self-direction. | ||||||
11 | "Person with an intellectual disability" means a person | ||||||
12 | with a significantly subaverage general intellectual | ||||||
13 | functioning which exists concurrently with impairment in | ||||||
14 | adaptive behavior and which originates before the age of 18 | ||||||
15 | years. | ||||||
16 | "Physician" has the meaning as defined in Section 1-120 of | ||||||
17 | the Mental Health and Developmental Disabilities Code. | ||||||
18 | "Qualified examiner" has the meaning provided in Section | ||||||
19 | 1-122 of the Mental Health and Developmental Disabilities Code. | ||||||
20 | "Sanctioned competitive shooting event" means a shooting | ||||||
21 | contest officially recognized by a national or state shooting | ||||||
22 | sport association, and includes any sight-in or practice | ||||||
23 | conducted in conjunction with the event.
| ||||||
24 | "School administrator" means the person required to report | ||||||
25 | under the School Administrator Reporting of Mental Health Clear | ||||||
26 | and Present Danger Determinations Law. |
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1 | "Stun gun or taser" has the meaning ascribed to it in | ||||||
2 | Section 24-1 of the Criminal Code of 2012. | ||||||
3 | (Source: P.A. 99-29, eff. 7-10-15; 99-143, eff. 7-27-15; | ||||||
4 | 99-642, eff. 7-28-16; 100-906, eff. 1-1-19 .)
| ||||||
5 | (430 ILCS 65/3a) (from Ch. 38, par. 83-3a)
| ||||||
6 | Sec. 3a. (a) Any resident of Illinois who has obtained a | ||||||
7 | firearm
owner's identification card pursuant to this Act and | ||||||
8 | who is not otherwise
prohibited from obtaining, possessing or | ||||||
9 | using a firearm may purchase or
obtain a rifle or shotgun or | ||||||
10 | ammunition for a rifle or shotgun in Iowa,
Missouri, Indiana, | ||||||
11 | Wisconsin or Kentucky.
| ||||||
12 | (b) Any resident of Iowa, Missouri, Indiana, Wisconsin or | ||||||
13 | Kentucky
or a
non-resident with a valid non-resident hunting | ||||||
14 | license, who
is 18 years of age or older and who is not | ||||||
15 | prohibited by the laws of
Illinois, the state of his domicile, | ||||||
16 | or the United States from obtaining,
possessing or using a | ||||||
17 | firearm, may purchase or obtain a rifle,
shotgun or
ammunition | ||||||
18 | for a rifle or shotgun in Illinois.
| ||||||
19 | (b-5) Any non-resident who is participating in a sanctioned | ||||||
20 | competitive
shooting
event, who is 18 years of age or older and | ||||||
21 | who is not prohibited by the laws of
Illinois,
the state of his | ||||||
22 | or her domicile, or the United States from obtaining,
| ||||||
23 | possessing, or using
a firearm, may purchase or obtain a | ||||||
24 | shotgun or shotgun ammunition in Illinois
for the
purpose of | ||||||
25 | participating in that event. A person may purchase or obtain a
|
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| |||||||
1 | shotgun or
shotgun ammunition under this subsection only at the | ||||||
2 | site where the sanctioned
competitive shooting event is being | ||||||
3 | held.
| ||||||
4 | (b-10) Any non-resident registered competitor or attendee | ||||||
5 | of a competitive shooting
event held at the World Shooting and | ||||||
6 | Recreational Complex sanctioned by a national governing
body, | ||||||
7 | who is not prohibited by the laws of Illinois, the state of his | ||||||
8 | or her
domicile, or the United States from obtaining, | ||||||
9 | possessing, or using a firearm
may purchase or obtain a rifle, | ||||||
10 | shotgun, or other long gun or ammunition for
a rifle, shotgun, | ||||||
11 | or other long gun at the competitive shooting event. The
| ||||||
12 | sanctioning body shall provide a list of registered competitors | ||||||
13 | and attendees as required
under subparagraph (5) of paragraph | ||||||
14 | (g) of subsection (A) of Section 24-3 of the Criminal Code of | ||||||
15 | 2012. A competitor or attendee of a competitive shooting event | ||||||
16 | who does not wish to
purchase a firearm at the event is not | ||||||
17 | required to register or have his or her name
appear on a list | ||||||
18 | of registered competitors and attendees provided to the | ||||||
19 | Department of State
Police by the sanctioning body. | ||||||
20 | (c) Any transaction under this Section is subject to the | ||||||
21 | provisions of
the Gun Control Act of 1968 (18 U.S.C. 922 | ||||||
22 | (b)(3)).
| ||||||
23 | (Source: P.A. 99-29, eff. 7-10-15.)
| ||||||
24 | Section 10. The Firearm Dealer License Certification Act is | ||||||
25 | amended by adding Section 5-125 as follows: |
| |||||||
| |||||||
1 | (430 ILCS 68/5-125 new) | ||||||
2 | Sec. 5-125. World Shooting and Recreational Complex. | ||||||
3 | This Act shall not apply to any person, firm, corporation, | ||||||
4 | or other entity who has been given, and is currently in | ||||||
5 | possession of, a valid Federal Firearms License, during all | ||||||
6 | State approved activities held at the World Shooting and | ||||||
7 | Recreational Complex. | ||||||
8 | Section 15. The Criminal Code of 2012 is amended by | ||||||
9 | changing Section 24-3 as follows:
| ||||||
10 | (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
| ||||||
11 | Sec. 24-3. Unlawful sale or delivery of firearms.
| ||||||
12 | (A) A person commits the offense of unlawful sale or | ||||||
13 | delivery of firearms when he
or she knowingly does any of the | ||||||
14 | following:
| ||||||
15 | (a) Sells or gives any firearm of a size which may be | ||||||
16 | concealed upon the
person to any person under 18 years of | ||||||
17 | age.
| ||||||
18 | (b) Sells or gives any firearm to a person under 21 | ||||||
19 | years of age who has
been convicted of a misdemeanor other | ||||||
20 | than a traffic offense or adjudged
delinquent.
| ||||||
21 | (c) Sells or gives any firearm to any narcotic addict.
| ||||||
22 | (d) Sells or gives any firearm to any person who has | ||||||
23 | been convicted of a
felony under the laws of this or any |
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| |||||||
1 | other jurisdiction.
| ||||||
2 | (e) Sells or gives any firearm to any person who has | ||||||
3 | been a patient in a
mental institution within the past 5 | ||||||
4 | years. In this subsection (e): | ||||||
5 | "Mental institution" means any hospital, | ||||||
6 | institution, clinic, evaluation facility, mental | ||||||
7 | health center, or part thereof, which is used primarily | ||||||
8 | for the care or treatment of persons with mental | ||||||
9 | illness. | ||||||
10 | "Patient in a mental institution" means the person | ||||||
11 | was admitted, either voluntarily or involuntarily, to | ||||||
12 | a mental institution for mental health treatment, | ||||||
13 | unless the treatment was voluntary and solely for an | ||||||
14 | alcohol abuse disorder and no other secondary | ||||||
15 | substance abuse disorder or mental illness.
| ||||||
16 | (f) Sells or gives any firearms to any person who is a | ||||||
17 | person with an intellectual disability.
| ||||||
18 | (g) Delivers any firearm, incidental to a sale, without | ||||||
19 | withholding delivery of the firearm
for at least 72 hours | ||||||
20 | after application for its purchase has been made, or
| ||||||
21 | delivers a stun gun or taser, incidental to a sale,
without | ||||||
22 | withholding delivery of the stun gun or taser for
at least | ||||||
23 | 24 hours after application for its purchase has been made.
| ||||||
24 | However,
this paragraph (g) does not apply to: (1) the sale | ||||||
25 | of a firearm
to a law enforcement officer if the seller of | ||||||
26 | the firearm knows that the person to whom he or she is |
| |||||||
| |||||||
1 | selling the firearm is a law enforcement officer or the | ||||||
2 | sale of a firearm to a person who desires to purchase a | ||||||
3 | firearm for
use in promoting the public interest incident | ||||||
4 | to his or her employment as a
bank guard, armed truck | ||||||
5 | guard, or other similar employment; (2) a mail
order sale | ||||||
6 | of a firearm from a federally licensed firearms dealer to a | ||||||
7 | nonresident of Illinois under which the firearm
is mailed | ||||||
8 | to a federally licensed firearms dealer outside the | ||||||
9 | boundaries of Illinois; (3) (blank); (4) the sale of a
| ||||||
10 | firearm to a dealer licensed as a federal firearms dealer | ||||||
11 | under Section 923
of the federal Gun Control Act of 1968 | ||||||
12 | (18 U.S.C. 923); or (5) the transfer or sale of any rifle, | ||||||
13 | shotgun, or other long gun to a resident registered | ||||||
14 | competitor or attendee or non-resident registered | ||||||
15 | competitor or attendee by any dealer licensed as a federal | ||||||
16 | firearms dealer under Section 923 of the federal Gun | ||||||
17 | Control Act of 1968 at competitive shooting events held at | ||||||
18 | the World Shooting and Recreational Complex sanctioned by a | ||||||
19 | national governing body. For purposes of transfers or sales | ||||||
20 | under subparagraph (5) of this paragraph (g), the | ||||||
21 | Department of Natural Resources shall give notice to the | ||||||
22 | Department of State Police at least 30 calendar days prior | ||||||
23 | to any competitive shooting events at the World Shooting | ||||||
24 | and Recreational Complex sanctioned by a national | ||||||
25 | governing body. The notification shall be made on a form | ||||||
26 | prescribed by the Department of State Police. The |
| |||||||
| |||||||
1 | sanctioning body shall provide a list of all registered | ||||||
2 | competitors and attendees at least 24 hours before the | ||||||
3 | events to the Department of State Police. Any changes to | ||||||
4 | the list of registered competitors and attendees shall be | ||||||
5 | forwarded to the Department of State Police as soon as | ||||||
6 | practicable. The Department of State Police must destroy | ||||||
7 | the list of registered competitors and attendees no later | ||||||
8 | than 30 days after the date of the event. Nothing in this | ||||||
9 | paragraph (g) relieves a federally licensed firearm dealer | ||||||
10 | from the requirements of conducting a NICS background check | ||||||
11 | through the Illinois Point of Contact under 18 U.S.C. | ||||||
12 | 922(t). For purposes of this paragraph (g), "application" | ||||||
13 | means when the buyer and seller reach an agreement to | ||||||
14 | purchase a firearm.
For purposes of this paragraph (g), | ||||||
15 | "national governing body" means a group of persons who | ||||||
16 | adopt rules and formulate policy on behalf of a national | ||||||
17 | firearm sporting organization.
| ||||||
18 | (h) While holding any license
as a dealer,
importer, | ||||||
19 | manufacturer or pawnbroker
under the federal Gun Control | ||||||
20 | Act of 1968,
manufactures, sells or delivers to any | ||||||
21 | unlicensed person a handgun having
a barrel, slide, frame | ||||||
22 | or receiver which is a die casting of zinc alloy or
any | ||||||
23 | other nonhomogeneous metal which will melt or deform at a | ||||||
24 | temperature
of less than 800 degrees Fahrenheit. For | ||||||
25 | purposes of this paragraph, (1)
"firearm" is defined as in | ||||||
26 | the Firearm Owners Identification Card Act; and (2)
|
| |||||||
| |||||||
1 | "handgun" is defined as a firearm designed to be held
and | ||||||
2 | fired by the use of a single hand, and includes a | ||||||
3 | combination of parts from
which such a firearm can be | ||||||
4 | assembled.
| ||||||
5 | (i) Sells or gives a firearm of any size to any person | ||||||
6 | under 18 years of
age who does not possess a valid Firearm | ||||||
7 | Owner's Identification Card.
| ||||||
8 | (j) Sells or gives a firearm while engaged in the | ||||||
9 | business of selling
firearms at wholesale or retail without | ||||||
10 | being licensed as a federal firearms
dealer under Section | ||||||
11 | 923 of the federal Gun Control Act of 1968 (18 U.S.C.
923). | ||||||
12 | In this paragraph (j):
| ||||||
13 | A person "engaged in the business" means a person who | ||||||
14 | devotes time,
attention, and
labor to
engaging in the | ||||||
15 | activity as a regular course of trade or business with the
| ||||||
16 | principal objective of livelihood and profit, but does not | ||||||
17 | include a person who
makes occasional repairs of firearms | ||||||
18 | or who occasionally fits special barrels,
stocks, or | ||||||
19 | trigger mechanisms to firearms.
| ||||||
20 | "With the principal objective of livelihood and | ||||||
21 | profit" means that the
intent
underlying the sale or | ||||||
22 | disposition of firearms is predominantly one of
obtaining | ||||||
23 | livelihood and pecuniary gain, as opposed to other intents, | ||||||
24 | such as
improving or liquidating a personal firearms | ||||||
25 | collection; however, proof of
profit shall not be required | ||||||
26 | as to a person who engages in the regular and
repetitive |
| |||||||
| |||||||
1 | purchase and disposition of firearms for criminal purposes | ||||||
2 | or
terrorism.
| ||||||
3 | (k) Sells or transfers ownership of a firearm to a | ||||||
4 | person who does not display to the seller or transferor of | ||||||
5 | the firearm either: (1) a currently valid Firearm Owner's | ||||||
6 | Identification Card that has previously been issued in the | ||||||
7 | transferee's name by the Department of State Police under | ||||||
8 | the provisions of the Firearm Owners Identification Card | ||||||
9 | Act; or (2) a currently valid license to carry a concealed | ||||||
10 | firearm that has previously been issued in the transferee's | ||||||
11 | name by the
Department of State Police under the Firearm | ||||||
12 | Concealed Carry Act. This paragraph (k) does not apply to | ||||||
13 | the transfer of a firearm to a person who is exempt from | ||||||
14 | the requirement of possessing a Firearm Owner's | ||||||
15 | Identification Card under Section 2 of the Firearm Owners | ||||||
16 | Identification Card Act. For the purposes of this Section, | ||||||
17 | a currently valid Firearm Owner's Identification Card | ||||||
18 | means (i) a Firearm Owner's Identification Card that has | ||||||
19 | not expired or (ii) an approval number issued in accordance | ||||||
20 | with subsection (a-10) of subsection 3 or Section 3.1 of | ||||||
21 | the Firearm Owners Identification Card Act shall be proof | ||||||
22 | that the Firearm Owner's Identification Card was valid. | ||||||
23 | (1) In addition to the other requirements of this | ||||||
24 | paragraph (k), all persons who are not federally | ||||||
25 | licensed firearms dealers must also have complied with | ||||||
26 | subsection (a-10) of Section 3 of the Firearm Owners |
| |||||||
| |||||||
1 | Identification Card Act by determining the validity of | ||||||
2 | a purchaser's Firearm Owner's Identification Card. | ||||||
3 | (2) All sellers or transferors who have complied | ||||||
4 | with the requirements of subparagraph (1) of this | ||||||
5 | paragraph (k) shall not be liable for damages in any | ||||||
6 | civil action arising from the use or misuse by the | ||||||
7 | transferee of the firearm transferred, except for | ||||||
8 | willful or wanton misconduct on the part of the seller | ||||||
9 | or transferor. | ||||||
10 | (l) Not
being entitled to the possession of a firearm, | ||||||
11 | delivers the
firearm, knowing it to have been stolen or | ||||||
12 | converted. It may be inferred that
a person who possesses a | ||||||
13 | firearm with knowledge that its serial number has
been | ||||||
14 | removed or altered has knowledge that the firearm is stolen | ||||||
15 | or converted. | ||||||
16 | (B) Paragraph (h) of subsection (A) does not include | ||||||
17 | firearms sold within 6
months after enactment of Public
Act | ||||||
18 | 78-355 (approved August 21, 1973, effective October 1, 1973), | ||||||
19 | nor is any
firearm legally owned or
possessed by any citizen or | ||||||
20 | purchased by any citizen within 6 months after the
enactment of | ||||||
21 | Public Act 78-355 subject
to confiscation or seizure under the | ||||||
22 | provisions of that Public Act. Nothing in
Public Act 78-355 | ||||||
23 | shall be construed to prohibit the gift or trade of
any firearm | ||||||
24 | if that firearm was legally held or acquired within 6 months | ||||||
25 | after
the enactment of that Public Act.
| ||||||
26 | (C) Sentence.
|
| |||||||
| |||||||
1 | (1) Any person convicted of unlawful sale or delivery | ||||||
2 | of firearms in violation of
paragraph (c), (e), (f), (g), | ||||||
3 | or (h) of subsection (A) commits a Class
4
felony.
| ||||||
4 | (2) Any person convicted of unlawful sale or delivery | ||||||
5 | of firearms in violation of
paragraph (b) or (i) of | ||||||
6 | subsection (A) commits a Class 3 felony.
| ||||||
7 | (3) Any person convicted of unlawful sale or delivery | ||||||
8 | of firearms in violation of
paragraph (a) of subsection (A) | ||||||
9 | commits a Class 2 felony.
| ||||||
10 | (4) Any person convicted of unlawful sale or delivery | ||||||
11 | of firearms in violation of
paragraph (a), (b), or (i) of | ||||||
12 | subsection (A) in any school, on the real
property | ||||||
13 | comprising a school, within 1,000 feet of the real property | ||||||
14 | comprising
a school, at a school related activity, or on or | ||||||
15 | within 1,000 feet of any
conveyance owned, leased, or | ||||||
16 | contracted by a school or school district to
transport | ||||||
17 | students to or from school or a school related activity,
| ||||||
18 | regardless of the time of day or time of year at which the | ||||||
19 | offense
was committed, commits a Class 1 felony. Any person | ||||||
20 | convicted of a second
or subsequent violation of unlawful | ||||||
21 | sale or delivery of firearms in violation of paragraph
(a), | ||||||
22 | (b), or (i) of subsection (A) in any school, on the real | ||||||
23 | property
comprising a school, within 1,000 feet of the real | ||||||
24 | property comprising a
school, at a school related activity, | ||||||
25 | or on or within 1,000 feet of any
conveyance owned, leased, | ||||||
26 | or contracted by a school or school district to
transport |
| |||||||
| |||||||
1 | students to or from school or a school related activity,
| ||||||
2 | regardless of the time of day or time of year at which the | ||||||
3 | offense
was committed, commits a Class 1 felony for which | ||||||
4 | the sentence shall be a
term of imprisonment of no less | ||||||
5 | than 5 years and no more than 15 years.
| ||||||
6 | (5) Any person convicted of unlawful sale or delivery | ||||||
7 | of firearms in violation of
paragraph (a) or (i) of | ||||||
8 | subsection (A) in residential property owned,
operated, or | ||||||
9 | managed by a public housing agency or leased by a public | ||||||
10 | housing
agency as part of a scattered site or mixed-income | ||||||
11 | development, in a public
park, in a
courthouse, on | ||||||
12 | residential property owned, operated, or managed by a | ||||||
13 | public
housing agency or leased by a public housing agency | ||||||
14 | as part of a scattered site
or mixed-income development, on | ||||||
15 | the real property comprising any public park,
on the real
| ||||||
16 | property comprising any courthouse, or on any public way | ||||||
17 | within 1,000 feet
of the real property comprising any | ||||||
18 | public park, courthouse, or residential
property owned, | ||||||
19 | operated, or managed by a public housing agency or leased | ||||||
20 | by a
public housing agency as part of a scattered site or | ||||||
21 | mixed-income development
commits a
Class 2 felony.
| ||||||
22 | (6) Any person convicted of unlawful sale or delivery | ||||||
23 | of firearms in violation of
paragraph (j) of subsection (A) | ||||||
24 | commits a Class A misdemeanor. A second or
subsequent | ||||||
25 | violation is a Class 4 felony. | ||||||
26 | (7) Any person convicted of unlawful sale or delivery |
| |||||||
| |||||||
1 | of firearms in violation of paragraph (k) of subsection (A) | ||||||
2 | commits a Class 4 felony, except that a violation of | ||||||
3 | subparagraph (1) of paragraph (k) of subsection (A) shall | ||||||
4 | not be punishable as a crime or petty offense. A third or | ||||||
5 | subsequent conviction for a violation of paragraph (k) of | ||||||
6 | subsection (A) is a Class 1 felony.
| ||||||
7 | (8) A person 18 years of age or older convicted of | ||||||
8 | unlawful sale or delivery of firearms in violation of | ||||||
9 | paragraph (a) or (i) of subsection (A), when the firearm | ||||||
10 | that was sold or given to another person under 18 years of | ||||||
11 | age was used in the commission of or attempt to commit a | ||||||
12 | forcible felony, shall be fined or imprisoned, or both, not | ||||||
13 | to exceed the maximum provided for the most serious | ||||||
14 | forcible felony so committed or attempted by the person | ||||||
15 | under 18 years of age who was sold or given the firearm. | ||||||
16 | (9) Any person convicted of unlawful sale or delivery | ||||||
17 | of firearms in violation of
paragraph (d) of subsection (A) | ||||||
18 | commits a Class 3 felony. | ||||||
19 | (10) Any person convicted of unlawful sale or delivery | ||||||
20 | of firearms in violation of paragraph (l) of subsection (A) | ||||||
21 | commits a Class 2 felony if the delivery is of one firearm. | ||||||
22 | Any person convicted of unlawful sale or delivery of | ||||||
23 | firearms in violation of paragraph (l) of subsection (A) | ||||||
24 | commits a Class 1 felony if the delivery is of not less | ||||||
25 | than 2 and not more than 5 firearms at the
same time or | ||||||
26 | within a one year period. Any person convicted of unlawful |
| |||||||
| |||||||
1 | sale or delivery of firearms in violation of paragraph (l) | ||||||
2 | of subsection (A) commits a Class X felony for which he or | ||||||
3 | she shall be sentenced
to a term of imprisonment of not | ||||||
4 | less than 6 years and not more than 30
years if the | ||||||
5 | delivery is of not less than 6 and not more than 10 | ||||||
6 | firearms at the
same time or within a 2 year period. Any | ||||||
7 | person convicted of unlawful sale or delivery of firearms | ||||||
8 | in violation of paragraph (l) of subsection (A) commits a | ||||||
9 | Class X felony for which he or she shall be sentenced
to a | ||||||
10 | term of imprisonment of not less than 6 years and not more | ||||||
11 | than 40
years if the delivery is of not less than 11 and | ||||||
12 | not more than 20 firearms at the
same time or within a 3 | ||||||
13 | year period. Any person convicted of unlawful sale or | ||||||
14 | delivery of firearms in violation of paragraph (l) of | ||||||
15 | subsection (A) commits a Class X felony for which he or she | ||||||
16 | shall be sentenced
to a term of imprisonment of not less | ||||||
17 | than 6 years and not more than 50
years if the delivery is | ||||||
18 | of not less than 21 and not more than 30 firearms at the
| ||||||
19 | same time or within a 4 year period. Any person convicted | ||||||
20 | of unlawful sale or delivery of firearms in violation of | ||||||
21 | paragraph (l) of subsection (A) commits a Class X felony | ||||||
22 | for which he or she shall be sentenced
to a term of | ||||||
23 | imprisonment of not less than 6 years and not more than 60
| ||||||
24 | years if the delivery is of 31 or more firearms at the
same | ||||||
25 | time or within a 5 year period. | ||||||
26 | (D) For purposes of this Section:
|
| |||||||
| |||||||
1 | "School" means a public or private elementary or secondary | ||||||
2 | school,
community college, college, or university.
| ||||||
3 | "School related activity" means any sporting, social, | ||||||
4 | academic, or
other activity for which students' attendance or | ||||||
5 | participation is sponsored,
organized, or funded in whole or in | ||||||
6 | part by a school or school district.
| ||||||
7 | (E) A prosecution for a violation of paragraph (k) of | ||||||
8 | subsection (A) of this Section may be commenced within 6 years | ||||||
9 | after the commission of the offense. A prosecution for a | ||||||
10 | violation of this Section other than paragraph (g) of | ||||||
11 | subsection (A) of this Section may be commenced within 5 years | ||||||
12 | after the commission of the offense defined in the particular | ||||||
13 | paragraph.
| ||||||
14 | (Source: P.A. 99-29, eff. 7-10-15; 99-143, eff. 7-27-15; | ||||||
15 | 99-642, eff. 7-28-16; 100-606, eff. 1-1-19 .)
| ||||||
16 | Section 99. Effective date. This Act takes effect upon | ||||||
17 | becoming law.
|