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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 | |||||||||||||||||||
5 | changing 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 | ||||||
4 | primarily for the care or treatment of persons with | ||||||
5 | mental 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, incidental to a sale, | ||||||
15 | without withholding delivery of the firearm
for at least | ||||||
16 | 72 hours after application for its purchase has been made, | ||||||
17 | or
delivers a stun gun or taser, incidental to a sale,
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18 | without withholding delivery of the stun gun or taser for
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19 | at least 24 hours after application for its purchase has | ||||||
20 | been made.
However,
this paragraph (g) does not apply to: | ||||||
21 | (1) the sale of a firearm
to a law enforcement officer if | ||||||
22 | the seller of the firearm knows that the person to whom he | ||||||
23 | or she is selling the firearm is a law enforcement officer | ||||||
24 | or the sale of a firearm to a person who desires to | ||||||
25 | purchase a firearm for
use in promoting the public | ||||||
26 | interest incident to his or her employment as a
bank |
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1 | guard, armed truck guard, or other similar employment; (2) | ||||||
2 | a mail
order sale of a firearm from a federally licensed | ||||||
3 | firearms dealer to a nonresident of Illinois under which | ||||||
4 | the firearm
is mailed to a federally licensed firearms | ||||||
5 | dealer outside the boundaries of Illinois; (3) (blank); | ||||||
6 | (4) the sale of a
firearm to a dealer licensed as a federal | ||||||
7 | firearms dealer under Section 923
of the federal Gun | ||||||
8 | Control Act of 1968 (18 U.S.C. 923); (4.1) the sale of a | ||||||
9 | firearm to a person who has been issued a valid license to | ||||||
10 | carry a concealed handgun under the Firearm Concealed | ||||||
11 | Carry Act; or (5) the transfer or sale of any rifle, | ||||||
12 | shotgun, or other long gun to a resident registered | ||||||
13 | competitor or attendee or non-resident registered | ||||||
14 | competitor or attendee by any dealer licensed as a federal | ||||||
15 | firearms dealer under Section 923 of the federal Gun | ||||||
16 | Control Act of 1968 at competitive shooting events held at | ||||||
17 | the World Shooting Complex sanctioned by a national | ||||||
18 | governing body. For purposes of transfers or sales under | ||||||
19 | subparagraph (5) of this paragraph (g), the Department of | ||||||
20 | Natural Resources shall give notice to the Department of | ||||||
21 | State Police at least 30 calendar days prior to any | ||||||
22 | competitive shooting events at the World Shooting Complex | ||||||
23 | sanctioned by a national governing body. The notification | ||||||
24 | shall be made on a form prescribed by the Department of | ||||||
25 | State Police. The sanctioning body shall provide a list of | ||||||
26 | all registered competitors and attendees at least 24 hours |
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1 | before the events to the Department of State Police. Any | ||||||
2 | changes to the list of registered competitors and | ||||||
3 | attendees shall be forwarded to the Department of State | ||||||
4 | Police as soon as practicable. The Department of State | ||||||
5 | Police must destroy the list of registered competitors and | ||||||
6 | attendees no later than 30 days after the date of the | ||||||
7 | event. Nothing in this paragraph (g) relieves a federally | ||||||
8 | licensed firearm dealer from the requirements of | ||||||
9 | conducting a NICS background check through the Illinois | ||||||
10 | Point of Contact under 18 U.S.C. 922(t). For purposes of | ||||||
11 | this paragraph (g), "application" means when the buyer and | ||||||
12 | seller reach an agreement to purchase a firearm.
For | ||||||
13 | purposes of this paragraph (g), "national governing body" | ||||||
14 | means a group of persons who adopt rules and formulate | ||||||
15 | policy on behalf of a national firearm sporting | ||||||
16 | organization.
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17 | (h) While holding any license
as a dealer,
importer, | ||||||
18 | manufacturer or pawnbroker
under the federal Gun Control | ||||||
19 | Act of 1968,
manufactures, sells or delivers to any | ||||||
20 | unlicensed person a handgun having
a barrel, slide, frame | ||||||
21 | or receiver which is a die casting of zinc alloy or
any | ||||||
22 | other nonhomogeneous metal which will melt or deform at a | ||||||
23 | temperature
of less than 800 degrees Fahrenheit. For | ||||||
24 | purposes of this paragraph, (1)
"firearm" is defined as in | ||||||
25 | the Firearm Owners Identification Card Act; and (2)
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26 | "handgun" is defined as a firearm designed to be held
and |
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1 | fired by the use of a single hand, and includes a | ||||||
2 | combination of parts from
which such a firearm can be | ||||||
3 | assembled.
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4 | (i) Sells or gives a firearm of any size to any person | ||||||
5 | under 18 years of
age who does not possess a valid Firearm | ||||||
6 | Owner's Identification Card.
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7 | (j) Sells or gives a firearm while engaged in the | ||||||
8 | business of selling
firearms at wholesale or retail | ||||||
9 | without being licensed as a federal firearms
dealer under | ||||||
10 | Section 923 of the federal Gun Control Act of 1968 (18 | ||||||
11 | U.S.C.
923). In this paragraph (j):
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12 | A person "engaged in the business" means a person who | ||||||
13 | devotes time,
attention, and
labor to
engaging in the | ||||||
14 | activity as a regular course of trade or business with the
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15 | principal objective of livelihood and profit, but does not | ||||||
16 | include a person who
makes occasional repairs of firearms | ||||||
17 | or who occasionally fits special barrels,
stocks, or | ||||||
18 | trigger mechanisms to firearms.
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19 | "With the principal objective of livelihood and | ||||||
20 | profit" means that the
intent
underlying the sale or | ||||||
21 | disposition of firearms is predominantly one of
obtaining | ||||||
22 | livelihood and pecuniary gain, as opposed to other | ||||||
23 | intents, such as
improving or liquidating a personal | ||||||
24 | firearms collection; however, proof of
profit shall not be | ||||||
25 | required as to a person who engages in the regular and
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26 | repetitive purchase and disposition of firearms for |
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1 | criminal purposes or
terrorism.
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2 | (k) Sells or transfers ownership of a firearm to a | ||||||
3 | person who does not display to the seller or transferor of | ||||||
4 | the firearm either: (1) a currently valid Firearm Owner's | ||||||
5 | Identification Card that has previously been issued in the | ||||||
6 | transferee's name by the Department of State Police under | ||||||
7 | the provisions of the Firearm Owners Identification Card | ||||||
8 | Act; or (2) a currently valid license to carry a concealed | ||||||
9 | firearm that has previously been issued in the | ||||||
10 | transferee's name by the
Department of State Police under | ||||||
11 | the Firearm Concealed Carry Act. This paragraph (k) does | ||||||
12 | not apply to the transfer of a firearm to a person who is | ||||||
13 | exempt from the requirement of possessing a Firearm | ||||||
14 | Owner's Identification Card under Section 2 of the Firearm | ||||||
15 | Owners Identification Card Act. For the purposes of this | ||||||
16 | Section, a currently valid Firearm Owner's Identification | ||||||
17 | Card means (i) a Firearm Owner's Identification Card that | ||||||
18 | has not expired or (ii) an approval number issued in | ||||||
19 | accordance with subsection (a-10) of subsection 3 or | ||||||
20 | Section 3.1 of the Firearm Owners Identification Card Act | ||||||
21 | shall be proof that the Firearm Owner's Identification | ||||||
22 | 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 |
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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 | ||||||
13 | a firearm with knowledge that its serial number has
been | ||||||
14 | removed or altered has knowledge that the firearm is | ||||||
15 | stolen 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 | ||||||
21 | of Public Act 78-355 subject
to confiscation or seizure under | ||||||
22 | the provisions of that Public Act. Nothing in
Public Act | ||||||
23 | 78-355 shall be construed to prohibit the gift or trade of
any | ||||||
24 | firearm if that firearm was legally held or acquired within 6 | ||||||
25 | months after
the enactment of that Public Act.
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26 | (C) Sentence.
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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.
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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.
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7 | (3) Any person convicted of unlawful sale or delivery | ||||||
8 | of firearms in violation of
paragraph (a) of subsection | ||||||
9 | (A) commits a Class 2 felony.
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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 | ||||||
14 | property comprising
a school, at a school related | ||||||
15 | activity, or on or within 1,000 feet of any
conveyance | ||||||
16 | owned, leased, or contracted by a school or school | ||||||
17 | district to
transport students to or from school or a | ||||||
18 | school related activity,
regardless of the time of day or | ||||||
19 | time of year at which the offense
was committed, commits a | ||||||
20 | Class 1 felony. Any person convicted of a second
or | ||||||
21 | subsequent violation of unlawful sale or delivery of | ||||||
22 | firearms in violation of paragraph
(a), (b), or (i) of | ||||||
23 | subsection (A) in any school, on the real property
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24 | comprising a school, within 1,000 feet of the real | ||||||
25 | property comprising a
school, at a school related | ||||||
26 | activity, or on or within 1,000 feet of any
conveyance |
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1 | owned, leased, or contracted by a school or school | ||||||
2 | district to
transport students to or from school or a | ||||||
3 | school related activity,
regardless of the time of day or | ||||||
4 | time of year at which the offense
was committed, commits a | ||||||
5 | Class 1 felony for which the sentence shall be a
term of | ||||||
6 | imprisonment of no less than 5 years and no more than 15 | ||||||
7 | years.
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8 | (5) Any person convicted of unlawful sale or delivery | ||||||
9 | of firearms in violation of
paragraph (a) or (i) of | ||||||
10 | subsection (A) in residential property owned,
operated, or | ||||||
11 | managed by a public housing agency or leased by a public | ||||||
12 | housing
agency as part of a scattered site or mixed-income | ||||||
13 | development, in a public
park, in a
courthouse, on | ||||||
14 | residential property owned, operated, or managed by a | ||||||
15 | public
housing agency or leased by a public housing agency | ||||||
16 | as part of a scattered site
or mixed-income development, | ||||||
17 | on the real property comprising any public park,
on the | ||||||
18 | real
property comprising any courthouse, or on any public | ||||||
19 | way within 1,000 feet
of the real property comprising any | ||||||
20 | public park, courthouse, or residential
property owned, | ||||||
21 | operated, or managed by a public housing agency or leased | ||||||
22 | by a
public housing agency as part of a scattered site or | ||||||
23 | mixed-income development
commits a
Class 2 felony.
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24 | (6) Any person convicted of unlawful sale or delivery | ||||||
25 | of firearms in violation of
paragraph (j) of subsection | ||||||
26 | (A) commits a Class A misdemeanor. A second or
subsequent |
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1 | violation is a Class 4 felony. | ||||||
2 | (7) Any person convicted of unlawful sale or delivery | ||||||
3 | of firearms in violation of paragraph (k) of subsection | ||||||
4 | (A) commits a Class 4 felony, except that a violation of | ||||||
5 | subparagraph (1) of paragraph (k) of subsection (A) shall | ||||||
6 | not be punishable as a crime or petty offense. A third or | ||||||
7 | subsequent conviction for a violation of paragraph (k) of | ||||||
8 | subsection (A) is a Class 1 felony.
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9 | (8) A person 18 years of age or older convicted of | ||||||
10 | unlawful sale or delivery of firearms in violation of | ||||||
11 | paragraph (a) or (i) of subsection (A), when the firearm | ||||||
12 | that was sold or given to another person under 18 years of | ||||||
13 | age was used in the commission of or attempt to commit a | ||||||
14 | forcible felony, shall be fined or imprisoned, or both, | ||||||
15 | not to exceed the maximum provided for the most serious | ||||||
16 | forcible felony so committed or attempted by the person | ||||||
17 | under 18 years of age who was sold or given the firearm. | ||||||
18 | (9) Any person convicted of unlawful sale or delivery | ||||||
19 | of firearms in violation of
paragraph (d) of subsection | ||||||
20 | (A) commits a Class 3 felony. | ||||||
21 | (10) Any person convicted of unlawful sale or delivery | ||||||
22 | of firearms in violation of paragraph (l) of subsection | ||||||
23 | (A) commits a Class 2 felony if the delivery is of one | ||||||
24 | firearm. Any person convicted of unlawful sale or delivery | ||||||
25 | of firearms in violation of paragraph (l) of subsection | ||||||
26 | (A) commits a Class 1 felony if the delivery is of not less |
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1 | than 2 and not more than 5 firearms at the
same time or | ||||||
2 | within a one year period. Any person convicted of unlawful | ||||||
3 | sale or delivery of firearms in violation of paragraph (l) | ||||||
4 | of subsection (A) commits a Class X felony for which he or | ||||||
5 | she shall be sentenced
to a term of imprisonment of not | ||||||
6 | less than 6 years and not more than 30
years if the | ||||||
7 | delivery is of not less than 6 and not more than 10 | ||||||
8 | firearms at the
same time or within a 2 year period. Any | ||||||
9 | person convicted of unlawful sale or delivery of firearms | ||||||
10 | in violation of paragraph (l) of subsection (A) commits a | ||||||
11 | Class X felony for which he or she shall be sentenced
to a | ||||||
12 | term of imprisonment of not less than 6 years and not more | ||||||
13 | than 40
years if the delivery is of not less than 11 and | ||||||
14 | not more than 20 firearms at the
same time or within a 3 | ||||||
15 | year period. Any person convicted of unlawful sale or | ||||||
16 | delivery of firearms in violation of paragraph (l) of | ||||||
17 | subsection (A) commits a Class X felony for which he or she | ||||||
18 | shall be sentenced
to a term of imprisonment of not less | ||||||
19 | than 6 years and not more than 50
years if the delivery is | ||||||
20 | of not less than 21 and not more than 30 firearms at the
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21 | same time or within a 4 year period. Any person convicted | ||||||
22 | of unlawful sale or delivery of firearms in violation of | ||||||
23 | paragraph (l) of subsection (A) commits a Class X felony | ||||||
24 | for which he or she shall be sentenced
to a term of | ||||||
25 | imprisonment of not less than 6 years and not more than 60
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26 | years if the delivery is of 31 or more firearms at the
same |
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1 | time or within a 5 year period. | ||||||
2 | (D) For purposes of this Section:
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3 | "School" means a public or private elementary or secondary | ||||||
4 | school,
community college, college, or university.
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5 | "School related activity" means any sporting, social, | ||||||
6 | academic, or
other activity for which students' attendance or | ||||||
7 | participation is sponsored,
organized, or funded in whole or | ||||||
8 | in part by a school or school district.
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9 | (E) A prosecution for a violation of paragraph (k) of | ||||||
10 | subsection (A) of this Section may be commenced within 6 years | ||||||
11 | after the commission of the offense. A prosecution for a | ||||||
12 | violation of this Section other than paragraph (g) of | ||||||
13 | subsection (A) of this Section may be commenced within 5 years | ||||||
14 | after the commission of the offense defined in the particular | ||||||
15 | paragraph.
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16 | (Source: P.A. 99-29, eff. 7-10-15; 99-143, eff. 7-27-15; | ||||||
17 | 99-642, eff. 7-28-16; 100-606, eff. 1-1-19 .)
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18 | Section 99. Effective date. This Act takes effect upon | ||||||
19 | becoming law.
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