Sen. Kwame Raoul
Filed: 5/31/2013
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1 | AMENDMENT TO HOUSE BILL 1189
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2 | AMENDMENT NO. ______. Amend House Bill 1189 by replacing | ||||||
3 | the title with the following: | ||||||
4 | "AN ACT concerning criminal law, which may be referred to | ||||||
5 | as the Gun Safety and Responsibility Act."; and | ||||||
6 | by replacing everything after the enacting clause with the | ||||||
7 | following:
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8 | "Section 5. The Firearm Owners Identification Card Act is | ||||||
9 | amended by changing Sections 3, 3.3, and 8 as follows: | ||||||
10 | (430 ILCS 65/3) (from Ch. 38, par. 83-3) | ||||||
11 | Sec. 3. (a) Except as provided in Section 3a, no person may | ||||||
12 | knowingly
transfer, or cause to be transferred, any firearm, | ||||||
13 | firearm ammunition, stun gun, or taser to any person within | ||||||
14 | this State unless the
transferee with whom he deals displays a | ||||||
15 | currently valid Firearm Owner's
Identification Card which has |
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1 | previously been issued in his name by the
Department of State | ||||||
2 | Police under the provisions of this Act. In addition,
all | ||||||
3 | firearm, stun gun, and taser transfers by federally licensed | ||||||
4 | firearm dealers are subject
to Section 3.1. | ||||||
5 | (a-5) Any person who is not a federally licensed firearm | ||||||
6 | dealer and who desires to transfer or sell a firearm while that | ||||||
7 | person is on the grounds of a gun show must, before selling or | ||||||
8 | transferring the firearm, request the Department of State | ||||||
9 | Police to conduct a background check on the prospective | ||||||
10 | recipient of the firearm in accordance with Section 3.1.
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11 | (a-10) Any person who is not a federally licensed firearm | ||||||
12 | dealer and who desires to transfer or sell a firearm or | ||||||
13 | firearms to any person who is not a federally licensed firearm | ||||||
14 | dealer shall, before selling or transferring the firearms, | ||||||
15 | contact the Department of State Police with the transferee's or | ||||||
16 | purchaser's Firearm Owner's Identification Card number to | ||||||
17 | determine the validity of the transferee's or purchaser's | ||||||
18 | Firearm Owner's Identification Card. This subsection shall not | ||||||
19 | be effective until January 1, 2014. The Department of State | ||||||
20 | Police may adopt rules concerning the implementation of this | ||||||
21 | subsection. The Department of State Police shall provide the | ||||||
22 | seller or transferor an approval number if the purchaser's | ||||||
23 | Firearm Owner's Identification Card is valid. Approvals issued | ||||||
24 | by the Department for the purchase of a firearm pursuant to | ||||||
25 | this subsection are valid for 30 days from the date of issue. | ||||||
26 | (a-15) The provisions of subsection (a-10) of this Section |
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1 | do not apply to: | ||||||
2 | (1) transfers that occur at the place of business of a | ||||||
3 | federally licensed firearm dealer, if the federally | ||||||
4 | licensed firearm dealer conducts a background check on the | ||||||
5 | prospective recipient of the firearm in accordance with | ||||||
6 | Section 3.1 of this Act and follows all other applicable | ||||||
7 | federal, State, and local laws as if he or she were the | ||||||
8 | seller or transferor of the firearm, although the dealer is | ||||||
9 | not required to accept the firearm into his or her | ||||||
10 | inventory. The purchaser or transferee may be required by | ||||||
11 | the federally licensed firearm dealer to pay a fee not to | ||||||
12 | exceed $10 per firearm, which the dealer may retain as | ||||||
13 | compensation for performing the functions required under | ||||||
14 | this paragraph, plus the applicable fees authorized by | ||||||
15 | Section 3.1; | ||||||
16 | (2) transfers as a bona fide gift to the transferor's | ||||||
17 | husband, wife, son, daughter, stepson, stepdaughter, | ||||||
18 | father, mother, stepfather, stepmother, brother, sister, | ||||||
19 | nephew, niece, uncle, aunt, grandfather, grandmother, | ||||||
20 | grandson, granddaughter, father-in-law, mother-in-law, | ||||||
21 | son-in-law, or daughter-in-law; | ||||||
22 | (3) transfers by persons acting pursuant to operation | ||||||
23 | of law or a court order; | ||||||
24 | (4) transfers on the grounds of a gun show under | ||||||
25 | subsection (a-5) of this Section; | ||||||
26 | (5) the delivery of a firearm by its owner to a |
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1 | gunsmith for service or repair, the return of the firearm | ||||||
2 | to its owner by the gunsmith, or the delivery of a firearm | ||||||
3 | by a gunsmith to a federally licensed firearms dealer for | ||||||
4 | service or repair and the return of the firearm to the | ||||||
5 | gunsmith; | ||||||
6 | (6) temporary transfers that occur while in the home of | ||||||
7 | the unlicensed transferee, if the unlicensed transferee is | ||||||
8 | not otherwise prohibited from possessing firearms and the | ||||||
9 | unlicensed transferee reasonably believes that possession | ||||||
10 | of the firearm is necessary to prevent imminent death or | ||||||
11 | great bodily harm to the unlicensed transferee; | ||||||
12 | (7) transfers to a law enforcement or corrections | ||||||
13 | agency or a law enforcement or corrections officer acting | ||||||
14 | within the course and scope of his or her official duties; | ||||||
15 | (8) transfers of firearms that have been rendered | ||||||
16 | permanently inoperable to a nonprofit historical society, | ||||||
17 | museum, or institutional collection; and | ||||||
18 | (9) transfers to a person who is exempt from the | ||||||
19 | requirement of possessing a Firearm Owner's Identification | ||||||
20 | Card under Section 2 of this Act. | ||||||
21 | (a-20) The Department of State Police shall develop an | ||||||
22 | Internet-based system for individuals to determine the | ||||||
23 | validity of a Firearm Owner's Identification Card prior to the | ||||||
24 | sale or transfer of a firearm. The Department shall have the | ||||||
25 | Internet-based system completed and available for use by July | ||||||
26 | 1, 2015. The Department shall adopt rules not inconsistent with |
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1 | this Section to implement this system. | ||||||
2 | (b) Any person within this State who transfers or causes to | ||||||
3 | be
transferred any firearm, stun gun, or taser shall keep a | ||||||
4 | record of such transfer for a period
of 10 years from the date | ||||||
5 | of transfer. Such record shall contain the date
of the | ||||||
6 | transfer; the description, serial number or other information
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7 | identifying the firearm, stun gun, or taser if no serial number | ||||||
8 | is available; and, if the
transfer was completed within this | ||||||
9 | State, the transferee's Firearm Owner's
Identification Card | ||||||
10 | number and any approval number or documentation provided by the | ||||||
11 | Department of State Police pursuant to subsection (a-10) of | ||||||
12 | this Section . On or after January 1, 2006, the record shall | ||||||
13 | contain the date of application for transfer of the firearm. On | ||||||
14 | demand of a peace officer such transferor
shall produce for | ||||||
15 | inspection such record of transfer. If the transfer or sale | ||||||
16 | took place at a gun show, the record shall include the unique | ||||||
17 | identification number. Failure to record the unique | ||||||
18 | identification number or approval number is a petty offense.
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19 | (b-5) Any resident may purchase ammunition from a person | ||||||
20 | within or outside of Illinois if shipment is by United States | ||||||
21 | mail or by a private express carrier authorized by federal law | ||||||
22 | to ship ammunition. Any resident purchasing ammunition within | ||||||
23 | or outside the State of Illinois must provide the seller with a | ||||||
24 | copy of his or her valid Firearm Owner's Identification Card | ||||||
25 | and either his or her Illinois driver's license or Illinois | ||||||
26 | State Identification Card prior to the shipment of the |
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1 | ammunition. The ammunition may be shipped only to an address on | ||||||
2 | either of those 2 documents. | ||||||
3 | (c) The provisions of this Section regarding the transfer | ||||||
4 | of firearm
ammunition shall not apply to those persons | ||||||
5 | specified in paragraph (b) of
Section 2 of this Act. | ||||||
6 | (Source: P.A. 97-1135, eff. 12-4-12.) | ||||||
7 | (430 ILCS 65/3.3)
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8 | Sec. 3.3. Report to the local law enforcement agency. The | ||||||
9 | Department of
State Police must report the name and address
of | ||||||
10 | a person to the local law enforcement agency where the person | ||||||
11 | resides if the
person attempting to purchase a firearm is | ||||||
12 | disqualified from purchasing a
firearm because of information | ||||||
13 | obtained
under subsection (a-10) of Section 3 or Section 3.1 | ||||||
14 | that would disqualify the person from obtaining a Firearm | ||||||
15 | Owner's Identification Card under any of subsections (c) | ||||||
16 | through (n) of Section 8 of this Act.
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17 | (Source: P.A. 94-125, eff. 1-1-06.)
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18 | (430 ILCS 65/8) (from Ch. 38, par. 83-8)
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19 | (Text of Section before amendment by P.A. 97-1167 )
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20 | Sec. 8. Grounds for denial and revocation. | ||||||
21 | The Department of State Police has authority to deny an
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22 | application for or to revoke and seize a Firearm Owner's | ||||||
23 | Identification
Card previously issued under this Act only if | ||||||
24 | the Department finds that the
applicant or the person to whom |
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1 | such card was issued is or was at the time
of issuance:
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2 | (a) A person under 21 years of age who has been | ||||||
3 | convicted of a
misdemeanor other than a traffic offense or | ||||||
4 | adjudged delinquent;
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5 | (b) A person under 21 years of age who does not have | ||||||
6 | the written consent
of his parent or guardian to acquire | ||||||
7 | and possess firearms and firearm
ammunition, or whose | ||||||
8 | parent or guardian has revoked such written consent,
or | ||||||
9 | where such parent or guardian does not qualify to have a | ||||||
10 | Firearm Owner's
Identification Card;
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11 | (c) A person convicted of a felony under the laws of | ||||||
12 | this or any other
jurisdiction;
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13 | (d) A person addicted to narcotics;
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14 | (e) A person who has been a patient of a mental | ||||||
15 | institution within the
past 5 years . An active law | ||||||
16 | enforcement officer employed by a unit of government who is | ||||||
17 | denied, revoked, or has his or her Firearm Owner's | ||||||
18 | Identification Card seized under this subsection (e) may | ||||||
19 | obtain relief as described in subsection (c-5) of Section | ||||||
20 | 10 of this Act if the officer did not act in a manner | ||||||
21 | threatening to the officer, another person, or the public | ||||||
22 | as determined by the treating clinical psychologist or | ||||||
23 | physician, and the officer seeks mental health treatment or | ||||||
24 | has been adjudicated as a mental defective ;
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25 | (f) A person whose mental condition is of such a nature | ||||||
26 | that it poses
a clear and present danger to the applicant, |
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1 | any other person or persons or
the community;
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2 | For the purposes of this Section, "mental condition" | ||||||
3 | means a state of
mind manifested by violent, suicidal, | ||||||
4 | threatening or assaultive behavior.
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5 | (g) A person who is intellectually disabled;
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6 | (h) A person who intentionally makes a false statement | ||||||
7 | in the Firearm
Owner's Identification Card application;
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8 | (i) An alien who is unlawfully present in
the United | ||||||
9 | States under the laws of the United States;
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10 | (i-5) An alien who has been admitted to the United | ||||||
11 | States under a
non-immigrant visa (as that term is defined | ||||||
12 | in Section 101(a)(26) of the
Immigration and Nationality | ||||||
13 | Act (8 U.S.C. 1101(a)(26))), except that this
subsection | ||||||
14 | (i-5) does not apply to any alien who has been lawfully | ||||||
15 | admitted to
the United States under a non-immigrant visa if | ||||||
16 | that alien is:
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17 | (1) admitted to the United States for lawful hunting or | ||||||
18 | sporting purposes;
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19 | (2) an official representative of a foreign government | ||||||
20 | who is:
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21 | (A) accredited to the United States Government or | ||||||
22 | the Government's
mission to an international | ||||||
23 | organization having its headquarters in the United
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24 | States; or
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25 | (B) en route to or from another country to which | ||||||
26 | that alien is
accredited;
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1 | (3) an official of a foreign government or | ||||||
2 | distinguished foreign visitor
who has been so | ||||||
3 | designated by the Department of State;
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4 | (4) a foreign law enforcement officer of a friendly | ||||||
5 | foreign government
entering the United States on | ||||||
6 | official business; or
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7 | (5) one who has received a waiver from the Attorney | ||||||
8 | General of the United
States pursuant to 18 U.S.C. | ||||||
9 | 922(y)(3);
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10 | (j) (Blank);
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11 | (k) A person who has been convicted within the past 5 | ||||||
12 | years of battery,
assault, aggravated assault, violation | ||||||
13 | of an order of protection, or a
substantially similar | ||||||
14 | offense in another jurisdiction, in which a firearm was
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15 | used or possessed;
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16 | (l) A person who has been convicted of domestic | ||||||
17 | battery, aggravated domestic battery, or a substantially
| ||||||
18 | similar offense in another jurisdiction committed before, | ||||||
19 | on or after January 1, 2012 (the effective date of Public | ||||||
20 | Act 97-158). If the applicant or person who has been | ||||||
21 | previously issued a Firearm Owner's Identification Card | ||||||
22 | under this Act knowingly and intelligently waives the right | ||||||
23 | to have an offense described in this paragraph (l) tried by | ||||||
24 | a jury, and by guilty plea or otherwise, results in a | ||||||
25 | conviction for an offense in which a domestic relationship | ||||||
26 | is not a required element of the offense but in which a |
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| |||||||
1 | determination of the applicability of 18 U.S.C. 922(g)(9) | ||||||
2 | is made under Section 112A-11.1 of the Code of Criminal | ||||||
3 | Procedure of 1963, an entry by the court of a judgment of | ||||||
4 | conviction for that offense shall be grounds for denying an | ||||||
5 | application for and for revoking and seizing a Firearm | ||||||
6 | Owner's Identification Card previously issued to the | ||||||
7 | person under this Act;
| ||||||
8 | (m) (Blank);
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9 | (n) A person who is prohibited from acquiring or | ||||||
10 | possessing
firearms or firearm ammunition by any Illinois | ||||||
11 | State statute or by federal
law;
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12 | (o) A minor subject to a petition filed under Section | ||||||
13 | 5-520 of the
Juvenile Court Act of 1987 alleging that the | ||||||
14 | minor is a delinquent minor for
the commission of an | ||||||
15 | offense that if committed by an adult would be a felony;
| ||||||
16 | (p) An adult who had been adjudicated a delinquent | ||||||
17 | minor under the Juvenile
Court Act of 1987 for the | ||||||
18 | commission of an offense that if committed by an
adult | ||||||
19 | would be a felony; or
| ||||||
20 | (q) A person who is not a resident of the State of | ||||||
21 | Illinois, except as provided in subsection (a-10) of | ||||||
22 | Section 4. | ||||||
23 | (Source: P.A. 96-701, eff. 1-1-10; 97-158, eff. 1-1-12; 97-227, | ||||||
24 | eff. 1-1-12; 97-813, eff. 7-13-12; 97-1131, eff. 1-1-13.)
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25 | (Text of Section after amendment by P.A. 97-1167 ) |
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1 | Sec. 8. Grounds for denial and revocation. | ||||||
2 | The Department of State Police has authority to deny an
| ||||||
3 | application for or to revoke and seize a Firearm Owner's | ||||||
4 | Identification
Card previously issued under this Act only if | ||||||
5 | the Department finds that the
applicant or the person to whom | ||||||
6 | such card was issued is or was at the time
of issuance:
| ||||||
7 | (a) A person under 21 years of age who has been | ||||||
8 | convicted of a
misdemeanor other than a traffic offense or | ||||||
9 | adjudged delinquent;
| ||||||
10 | (b) A person under 21 years of age who does not have | ||||||
11 | the written consent
of his parent or guardian to acquire | ||||||
12 | and possess firearms and firearm
ammunition, or whose | ||||||
13 | parent or guardian has revoked such written consent,
or | ||||||
14 | where such parent or guardian does not qualify to have a | ||||||
15 | Firearm Owner's
Identification Card;
| ||||||
16 | (c) A person convicted of a felony under the laws of | ||||||
17 | this or any other
jurisdiction;
| ||||||
18 | (d) A person addicted to narcotics;
| ||||||
19 | (e) A person who has been a patient of a mental | ||||||
20 | institution within the
past 5 years. An active law | ||||||
21 | enforcement officer employed by a unit of government who is | ||||||
22 | denied, revoked, or has his or her Firearm Owner's | ||||||
23 | Identification Card seized under this subsection (e) may | ||||||
24 | obtain relief as described in subsection (c-5) of Section | ||||||
25 | 10 of this Act if the officer did not act in a manner | ||||||
26 | threatening to the officer, another person, or the public |
| |||||||
| |||||||
1 | as determined by the treating clinical psychologist or | ||||||
2 | physician, and the officer seeks mental health treatment;
| ||||||
3 | (f) A person whose mental condition is of such a nature | ||||||
4 | that it poses
a clear and present danger to the applicant, | ||||||
5 | any other person or persons or
the community;
| ||||||
6 | For the purposes of this Section, "mental condition" | ||||||
7 | means a state of
mind manifested by violent, suicidal, | ||||||
8 | threatening or assaultive behavior.
| ||||||
9 | (g) A person who is intellectually disabled;
| ||||||
10 | (h) A person who intentionally makes a false statement | ||||||
11 | in the Firearm
Owner's Identification Card application;
| ||||||
12 | (i) An alien who is unlawfully present in
the United | ||||||
13 | States under the laws of the United States;
| ||||||
14 | (i-5) An alien who has been admitted to the United | ||||||
15 | States under a
non-immigrant visa (as that term is defined | ||||||
16 | in Section 101(a)(26) of the
Immigration and Nationality | ||||||
17 | Act (8 U.S.C. 1101(a)(26))), except that this
subsection | ||||||
18 | (i-5) does not apply to any alien who has been lawfully | ||||||
19 | admitted to
the United States under a non-immigrant visa if | ||||||
20 | that alien is:
| ||||||
21 | (1) admitted to the United States for lawful hunting or | ||||||
22 | sporting purposes;
| ||||||
23 | (2) an official representative of a foreign government | ||||||
24 | who is:
| ||||||
25 | (A) accredited to the United States Government or | ||||||
26 | the Government's
mission to an international |
| |||||||
| |||||||
1 | organization having its headquarters in the United
| ||||||
2 | States; or
| ||||||
3 | (B) en route to or from another country to which | ||||||
4 | that alien is
accredited;
| ||||||
5 | (3) an official of a foreign government or | ||||||
6 | distinguished foreign visitor
who has been so | ||||||
7 | designated by the Department of State;
| ||||||
8 | (4) a foreign law enforcement officer of a friendly | ||||||
9 | foreign government
entering the United States on | ||||||
10 | official business; or
| ||||||
11 | (5) one who has received a waiver from the Attorney | ||||||
12 | General of the United
States pursuant to 18 U.S.C. | ||||||
13 | 922(y)(3);
| ||||||
14 | (j) (Blank);
| ||||||
15 | (k) A person who has been convicted within the past 5 | ||||||
16 | years of battery,
assault, aggravated assault, violation | ||||||
17 | of an order of protection, or a
substantially similar | ||||||
18 | offense in another jurisdiction, in which a firearm was
| ||||||
19 | used or possessed;
| ||||||
20 | (l) A person who has been convicted of domestic | ||||||
21 | battery, aggravated domestic battery, or a substantially
| ||||||
22 | similar offense in another jurisdiction committed before, | ||||||
23 | on or after January 1, 2012 (the effective date of Public | ||||||
24 | Act 97-158). If the applicant or person who has been | ||||||
25 | previously issued a Firearm Owner's Identification Card | ||||||
26 | under this Act knowingly and intelligently waives the right |
| |||||||
| |||||||
1 | to have an offense described in this paragraph (l) tried by | ||||||
2 | a jury, and by guilty plea or otherwise, results in a | ||||||
3 | conviction for an offense in which a domestic relationship | ||||||
4 | is not a required element of the offense but in which a | ||||||
5 | determination of the applicability of 18 U.S.C. 922(g)(9) | ||||||
6 | is made under Section 112A-11.1 of the Code of Criminal | ||||||
7 | Procedure of 1963, an entry by the court of a judgment of | ||||||
8 | conviction for that offense shall be grounds for denying an | ||||||
9 | application for and for revoking and seizing a Firearm | ||||||
10 | Owner's Identification Card previously issued to the | ||||||
11 | person under this Act;
| ||||||
12 | (m) (Blank);
| ||||||
13 | (n) A person who is prohibited from acquiring or | ||||||
14 | possessing
firearms or firearm ammunition by any Illinois | ||||||
15 | State statute or by federal
law;
| ||||||
16 | (o) A minor subject to a petition filed under Section | ||||||
17 | 5-520 of the
Juvenile Court Act of 1987 alleging that the | ||||||
18 | minor is a delinquent minor for
the commission of an | ||||||
19 | offense that if committed by an adult would be a felony;
| ||||||
20 | (p) An adult who had been adjudicated a delinquent | ||||||
21 | minor under the Juvenile
Court Act of 1987 for the | ||||||
22 | commission of an offense that if committed by an
adult | ||||||
23 | would be a felony;
| ||||||
24 | (q) A person who is not a resident of the State of | ||||||
25 | Illinois, except as provided in subsection (a-10) of | ||||||
26 | Section 4; or |
| |||||||
| |||||||
1 | (r) A person who has been adjudicated as a mental | ||||||
2 | defective. | ||||||
3 | (Source: P.A. 96-701, eff. 1-1-10; 97-158, eff. 1-1-12; 97-227, | ||||||
4 | eff. 1-1-12; 97-813, eff. 7-13-12; 97-1131, eff. 1-1-13; | ||||||
5 | 97-1167, eff. 6-1-13.)
| ||||||
6 | Section 10. The Criminal Code of 2012 is amended by | ||||||
7 | changing Section 24-3 and adding Section 24-4.1 as follows:
| ||||||
8 | (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
| ||||||
9 | (Text of Section before amendment by P.A. 97-1167 )
| ||||||
10 | Sec. 24-3. Unlawful sale or delivery of firearms.
| ||||||
11 | (A) A person commits the offense of unlawful sale or | ||||||
12 | delivery of firearms when he
or she knowingly does any of the | ||||||
13 | following:
| ||||||
14 | (a) Sells or gives any firearm of a size which may be | ||||||
15 | concealed upon the
person to any person under 18 years of | ||||||
16 | age.
| ||||||
17 | (b) Sells or gives any firearm to a person under 21 | ||||||
18 | years of age who has
been convicted of a misdemeanor other | ||||||
19 | than a traffic offense or adjudged
delinquent.
| ||||||
20 | (c) Sells or gives any firearm to any narcotic addict.
| ||||||
21 | (d) Sells or gives any firearm to any person who has | ||||||
22 | been convicted of a
felony under the laws of this or any | ||||||
23 | other jurisdiction.
| ||||||
24 | (e) Sells or gives any firearm to any person who has |
| |||||||
| |||||||
1 | been a patient in a
mental hospital within the past 5 | ||||||
2 | years.
| ||||||
3 | (f) Sells or gives any firearms to any person who is | ||||||
4 | intellectually disabled.
| ||||||
5 | (g) Delivers any firearm of a size which may be | ||||||
6 | concealed upon the
person, incidental to a sale, without | ||||||
7 | withholding delivery of such firearm
for at least 72 hours | ||||||
8 | after application for its purchase has been made, or
| ||||||
9 | delivers any rifle, shotgun or other long gun, or a stun | ||||||
10 | gun or taser, incidental to a sale,
without withholding | ||||||
11 | delivery of such rifle, shotgun or other long gun, or a | ||||||
12 | stun gun or taser for
at least 24 hours after application | ||||||
13 | for its purchase has been made.
However,
this paragraph (g) | ||||||
14 | does not apply to: (1) the sale of a firearm
to a law | ||||||
15 | enforcement officer if the seller of the firearm knows that | ||||||
16 | the person to whom he or she is selling the firearm is a | ||||||
17 | law enforcement officer or the sale of a firearm to a | ||||||
18 | person who desires to purchase a firearm for
use in | ||||||
19 | promoting the public interest incident to his or her | ||||||
20 | employment as a
bank guard, armed truck guard, or other | ||||||
21 | similar employment; (2) a mail
order sale of a firearm to a | ||||||
22 | nonresident of Illinois under which the firearm
is mailed | ||||||
23 | to a point outside the boundaries of Illinois; (3) the sale
| ||||||
24 | of a firearm to a nonresident of Illinois while at a | ||||||
25 | firearm showing or display
recognized by the Illinois | ||||||
26 | Department of State Police; or (4) the sale of a
firearm to |
| |||||||
| |||||||
1 | a dealer licensed as a federal firearms dealer under | ||||||
2 | Section 923
of the federal Gun Control Act of 1968 (18 | ||||||
3 | U.S.C. 923). For purposes of this paragraph (g), | ||||||
4 | "application" means when the buyer and seller reach an | ||||||
5 | agreement to purchase a firearm.
| ||||||
6 | (h) While holding any license
as a dealer,
importer, | ||||||
7 | manufacturer or pawnbroker
under the federal Gun Control | ||||||
8 | Act of 1968,
manufactures, sells or delivers to any | ||||||
9 | unlicensed person a handgun having
a barrel, slide, frame | ||||||
10 | or receiver which is a die casting of zinc alloy or
any | ||||||
11 | other nonhomogeneous metal which will melt or deform at a | ||||||
12 | temperature
of less than 800 degrees Fahrenheit. For | ||||||
13 | purposes of this paragraph, (1)
"firearm" is defined as in | ||||||
14 | the Firearm Owners Identification Card Act; and (2)
| ||||||
15 | "handgun" is defined as a firearm designed to be held
and | ||||||
16 | fired by the use of a single hand, and includes a | ||||||
17 | combination of parts from
which such a firearm can be | ||||||
18 | assembled.
| ||||||
19 | (i) Sells or gives a firearm of any size to any person | ||||||
20 | under 18 years of
age who does not possess a valid Firearm | ||||||
21 | Owner's Identification Card.
| ||||||
22 | (j) Sells or gives a firearm while engaged in the | ||||||
23 | business of selling
firearms at wholesale or retail without | ||||||
24 | being licensed as a federal firearms
dealer under Section | ||||||
25 | 923 of the federal Gun Control Act of 1968 (18 U.S.C.
923). | ||||||
26 | In this paragraph (j):
|
| |||||||
| |||||||
1 | A person "engaged in the business" means a person who | ||||||
2 | devotes time,
attention, and
labor to
engaging in the | ||||||
3 | activity as a regular course of trade or business with the
| ||||||
4 | principal objective of livelihood and profit, but does not | ||||||
5 | include a person who
makes occasional repairs of firearms | ||||||
6 | or who occasionally fits special barrels,
stocks, or | ||||||
7 | trigger mechanisms to firearms.
| ||||||
8 | "With the principal objective of livelihood and | ||||||
9 | profit" means that the
intent
underlying the sale or | ||||||
10 | disposition of firearms is predominantly one of
obtaining | ||||||
11 | livelihood and pecuniary gain, as opposed to other intents, | ||||||
12 | such as
improving or liquidating a personal firearms | ||||||
13 | collection; however, proof of
profit shall not be required | ||||||
14 | as to a person who engages in the regular and
repetitive | ||||||
15 | purchase and disposition of firearms for criminal purposes | ||||||
16 | or
terrorism.
| ||||||
17 | (k) Sells or transfers ownership of a firearm to a | ||||||
18 | person who does not display to the seller or transferor of | ||||||
19 | the firearm a currently valid Firearm Owner's | ||||||
20 | Identification Card that has previously been issued in the | ||||||
21 | transferee's name by the Department of State Police under | ||||||
22 | the provisions of the Firearm Owners Identification Card | ||||||
23 | Act. This paragraph (k) does not apply to the transfer of a | ||||||
24 | firearm to a person who is exempt from the requirement of | ||||||
25 | possessing a Firearm Owner's Identification Card under | ||||||
26 | Section 2 of the Firearm Owners Identification Card Act. |
| |||||||
| |||||||
1 | For the purposes of this Section, a currently valid Firearm | ||||||
2 | Owner's Identification Card means (i) a Firearm Owner's | ||||||
3 | Identification Card that has not expired or (ii) if the | ||||||
4 | transferor is licensed as a federal firearms dealer under | ||||||
5 | Section 923 of the federal Gun Control Act of 1968 (18 | ||||||
6 | U.S.C. 923), an approval number issued in accordance with | ||||||
7 | subsection (a-10) of Section 3 or Section 3.1 of the | ||||||
8 | Firearm Owners Identification Card Act shall be proof that | ||||||
9 | the Firearm Owner's Identification Card was valid. | ||||||
10 | (1) In addition to the other requirements of this | ||||||
11 | paragraph (k), all persons who are not federally | ||||||
12 | licensed firearms dealers must also have complied with | ||||||
13 | subsection (a-10) of Section 3 of the Firearms Owners | ||||||
14 | Identification Card Act by determining the validity of | ||||||
15 | a purchaser's Firearms Owner's Identification Card. | ||||||
16 | (2) All sellers or transferors who have complied | ||||||
17 | with the requirements of subparagraph (1) of this | ||||||
18 | paragraph (k) shall not be liable for damages in any | ||||||
19 | civil action arising from the use or misuse by the | ||||||
20 | transferee of the firearm transferred, except for | ||||||
21 | willful or wanton misconduct on the part of the seller | ||||||
22 | or transferor. | ||||||
23 | (l) Not
being entitled to the possession of a firearm, | ||||||
24 | delivers the
firearm, knowing it to have been stolen or | ||||||
25 | converted. It may be inferred that
a person who possesses a | ||||||
26 | firearm with knowledge that its serial number has
been |
| |||||||
| |||||||
1 | removed or altered has knowledge that the firearm is stolen | ||||||
2 | or converted. | ||||||
3 | (B) Paragraph (h) of subsection (A) does not include | ||||||
4 | firearms sold within 6
months after enactment of Public
Act | ||||||
5 | 78-355 (approved August 21, 1973, effective October 1, 1973), | ||||||
6 | nor is any
firearm legally owned or
possessed by any citizen or | ||||||
7 | purchased by any citizen within 6 months after the
enactment of | ||||||
8 | Public Act 78-355 subject
to confiscation or seizure under the | ||||||
9 | provisions of that Public Act. Nothing in
Public Act 78-355 | ||||||
10 | shall be construed to prohibit the gift or trade of
any firearm | ||||||
11 | if that firearm was legally held or acquired within 6 months | ||||||
12 | after
the enactment of that Public Act.
| ||||||
13 | (C) Sentence.
| ||||||
14 | (1) Any person convicted of unlawful sale or delivery | ||||||
15 | of firearms in violation of
paragraph (c), (e), (f), (g), | ||||||
16 | or (h) of subsection (A) commits a Class
4
felony.
| ||||||
17 | (2) Any person convicted of unlawful sale or delivery | ||||||
18 | of firearms in violation of
paragraph (b) or (i) of | ||||||
19 | subsection (A) commits a Class 3 felony.
| ||||||
20 | (3) Any person convicted of unlawful sale or delivery | ||||||
21 | of firearms in violation of
paragraph (a) of subsection (A) | ||||||
22 | commits a Class 2 felony.
| ||||||
23 | (4) Any person convicted of unlawful sale or delivery | ||||||
24 | of firearms in violation of
paragraph (a), (b), or (i) of | ||||||
25 | subsection (A) in any school, on the real
property | ||||||
26 | comprising a school, within 1,000 feet of the real property |
| |||||||
| |||||||
1 | comprising
a school, at a school related activity, or on or | ||||||
2 | within 1,000 feet of any
conveyance owned, leased, or | ||||||
3 | contracted by a school or school district to
transport | ||||||
4 | students to or from school or a school related activity,
| ||||||
5 | regardless of the time of day or time of year at which the | ||||||
6 | offense
was committed, commits a Class 1 felony. Any person | ||||||
7 | convicted of a second
or subsequent violation of unlawful | ||||||
8 | sale or delivery of firearms in violation of paragraph
(a), | ||||||
9 | (b), or (i) of subsection (A) in any school, on the real | ||||||
10 | property
comprising a school, within 1,000 feet of the real | ||||||
11 | property comprising a
school, at a school related activity, | ||||||
12 | or on or within 1,000 feet of any
conveyance owned, leased, | ||||||
13 | or contracted by a school or school district to
transport | ||||||
14 | students to or from school or a school related activity,
| ||||||
15 | regardless of the time of day or time of year at which the | ||||||
16 | offense
was committed, commits a Class 1 felony for which | ||||||
17 | the sentence shall be a
term of imprisonment of no less | ||||||
18 | than 5 years and no more than 15 years.
| ||||||
19 | (5) Any person convicted of unlawful sale or delivery | ||||||
20 | of firearms in violation of
paragraph (a) or (i) of | ||||||
21 | subsection (A) in residential property owned,
operated, or | ||||||
22 | managed by a public housing agency or leased by a public | ||||||
23 | housing
agency as part of a scattered site or mixed-income | ||||||
24 | development, in a public
park, in a
courthouse, on | ||||||
25 | residential property owned, operated, or managed by a | ||||||
26 | public
housing agency or leased by a public housing agency |
| |||||||
| |||||||
1 | as part of a scattered site
or mixed-income development, on | ||||||
2 | the real property comprising any public park,
on the real
| ||||||
3 | property comprising any courthouse, or on any public way | ||||||
4 | within 1,000 feet
of the real property comprising any | ||||||
5 | public park, courthouse, or residential
property owned, | ||||||
6 | operated, or managed by a public housing agency or leased | ||||||
7 | by a
public housing agency as part of a scattered site or | ||||||
8 | mixed-income development
commits a
Class 2 felony.
| ||||||
9 | (6) Any person convicted of unlawful sale or delivery | ||||||
10 | of firearms in violation of
paragraph (j) of subsection (A) | ||||||
11 | commits a Class A misdemeanor. A second or
subsequent | ||||||
12 | violation is a Class 4 felony. | ||||||
13 | (7) Any person convicted of unlawful sale or delivery | ||||||
14 | of firearms in violation of paragraph (k) of subsection (A) | ||||||
15 | commits a Class 4 felony , except that a violation of | ||||||
16 | subparagraph (1) of paragraph (k) of subsection (A) shall | ||||||
17 | not be punishable as a crime or petty offense . A third or | ||||||
18 | subsequent conviction for a violation of paragraph (k) of | ||||||
19 | subsection (A) is a Class 1 felony.
| ||||||
20 | (8) A person 18 years of age or older convicted of | ||||||
21 | unlawful sale or delivery of firearms in violation of | ||||||
22 | paragraph (a) or (i) of subsection (A), when the firearm | ||||||
23 | that was sold or given to another person under 18 years of | ||||||
24 | age was used in the commission of or attempt to commit a | ||||||
25 | forcible felony, shall be fined or imprisoned, or both, not | ||||||
26 | to exceed the maximum provided for the most serious |
| |||||||
| |||||||
1 | forcible felony so committed or attempted by the person | ||||||
2 | under 18 years of age who was sold or given the firearm. | ||||||
3 | (9) Any person convicted of unlawful sale or delivery | ||||||
4 | of firearms in violation of
paragraph (d) of subsection (A) | ||||||
5 | commits a Class 3 felony. | ||||||
6 | (10) Any person convicted of unlawful sale or delivery | ||||||
7 | of firearms in violation of paragraph (l) of subsection (A) | ||||||
8 | commits a Class 2 felony if the delivery is of one firearm. | ||||||
9 | Any person convicted of unlawful sale or delivery of | ||||||
10 | firearms in violation of paragraph (l) of subsection (A) | ||||||
11 | commits a Class 1 felony if the delivery is of not less | ||||||
12 | than 2 and not more than 5 firearms at the
same time or | ||||||
13 | within a one year period. Any person convicted of unlawful | ||||||
14 | sale or delivery of firearms in violation of paragraph (l) | ||||||
15 | of subsection (A) commits a Class X felony for which he or | ||||||
16 | she shall be sentenced
to a term of imprisonment of not | ||||||
17 | less than 6 years and not more than 30
years if the | ||||||
18 | delivery is of not less than 6 and not more than 10 | ||||||
19 | firearms at the
same time or within a 2 year period. Any | ||||||
20 | person convicted of unlawful sale or delivery of firearms | ||||||
21 | in violation of paragraph (l) of subsection (A) commits a | ||||||
22 | Class X felony for which he or she shall be sentenced
to a | ||||||
23 | term of imprisonment of not less than 6 years and not more | ||||||
24 | than 40
years if the delivery is of not less than 11 and | ||||||
25 | not more than 20 firearms at the
same time or within a 3 | ||||||
26 | year period. Any person convicted of unlawful sale or |
| |||||||
| |||||||
1 | delivery of firearms in violation of paragraph (l) of | ||||||
2 | subsection (A) commits a Class X felony for which he or she | ||||||
3 | shall be sentenced
to a term of imprisonment of not less | ||||||
4 | than 6 years and not more than 50
years if the delivery is | ||||||
5 | of not less than 21 and not more than 30 firearms at the
| ||||||
6 | same time or within a 4 year period. Any person convicted | ||||||
7 | of unlawful sale or delivery of firearms in violation of | ||||||
8 | paragraph (l) of subsection (A) commits a Class X felony | ||||||
9 | for which he or she shall be sentenced
to a term of | ||||||
10 | imprisonment of not less than 6 years and not more than 60
| ||||||
11 | years if the delivery is of 31 or more firearms at the
same | ||||||
12 | time or within a 5 year period. | ||||||
13 | (D) For purposes of this Section:
| ||||||
14 | "School" means a public or private elementary or secondary | ||||||
15 | school,
community college, college, or university.
| ||||||
16 | "School related activity" means any sporting, social, | ||||||
17 | academic, or
other activity for which students' attendance or | ||||||
18 | participation is sponsored,
organized, or funded in whole or in | ||||||
19 | part by a school or school district.
| ||||||
20 | (E) A prosecution for a violation of paragraph (k) of | ||||||
21 | subsection (A) of this Section may be commenced within 6 years | ||||||
22 | after the commission of the offense. A prosecution for a | ||||||
23 | violation of this Section other than paragraph (g) of | ||||||
24 | subsection (A) of this Section may be commenced within 5 years | ||||||
25 | after the commission of the offense defined in the particular | ||||||
26 | paragraph.
|
| |||||||
| |||||||
1 | (Source: P.A. 96-190, eff. 1-1-10; 97-227, eff. 1-1-12; 97-347, | ||||||
2 | eff. 1-1-12; 97-813, eff. 7-13-12.)
| ||||||
3 | (Text of Section after amendment by P.A. 97-1167 )
| ||||||
4 | Sec. 24-3. Unlawful sale or delivery of firearms.
| ||||||
5 | (A) A person commits the offense of unlawful sale or | ||||||
6 | delivery of firearms when he
or she knowingly does any of the | ||||||
7 | following:
| ||||||
8 | (a) Sells or gives any firearm of a size which may be | ||||||
9 | concealed upon the
person to any person under 18 years of | ||||||
10 | age.
| ||||||
11 | (b) Sells or gives any firearm to a person under 21 | ||||||
12 | years of age who has
been convicted of a misdemeanor other | ||||||
13 | than a traffic offense or adjudged
delinquent.
| ||||||
14 | (c) Sells or gives any firearm to any narcotic addict.
| ||||||
15 | (d) Sells or gives any firearm to any person who has | ||||||
16 | been convicted of a
felony under the laws of this or any | ||||||
17 | other jurisdiction.
| ||||||
18 | (e) Sells or gives any firearm to any person who has | ||||||
19 | been a patient in a
mental institution within the past 5 | ||||||
20 | years. In this subsection (e): | ||||||
21 | "Mental institution" means any hospital, | ||||||
22 | institution, clinic, evaluation facility, mental | ||||||
23 | health center, or part thereof, which is used primarily | ||||||
24 | for the care or treatment of persons with mental | ||||||
25 | illness. |
| |||||||
| |||||||
1 | "Patient in a mental institution" means the person | ||||||
2 | was admitted, either voluntarily or involuntarily, to | ||||||
3 | a mental institution for mental health treatment, | ||||||
4 | unless the treatment was voluntary and solely for an | ||||||
5 | alcohol abuse disorder and no other secondary | ||||||
6 | substance abuse disorder or mental illness.
| ||||||
7 | (f) Sells or gives any firearms to any person who is | ||||||
8 | intellectually disabled.
| ||||||
9 | (g) Delivers any firearm of a size which may be | ||||||
10 | concealed upon the
person, incidental to a sale, without | ||||||
11 | withholding delivery of such firearm
for at least 72 hours | ||||||
12 | after application for its purchase has been made, or
| ||||||
13 | delivers any rifle, shotgun or other long gun, or a stun | ||||||
14 | gun or taser, incidental to a sale,
without withholding | ||||||
15 | delivery of such rifle, shotgun or other long gun, or a | ||||||
16 | stun gun or taser for
at least 24 hours after application | ||||||
17 | for its purchase has been made.
However,
this paragraph (g) | ||||||
18 | does not apply to: (1) the sale of a firearm
to a law | ||||||
19 | enforcement officer if the seller of the firearm knows that | ||||||
20 | the person to whom he or she is selling the firearm is a | ||||||
21 | law enforcement officer or the sale of a firearm to a | ||||||
22 | person who desires to purchase a firearm for
use in | ||||||
23 | promoting the public interest incident to his or her | ||||||
24 | employment as a
bank guard, armed truck guard, or other | ||||||
25 | similar employment; (2) a mail
order sale of a firearm to a | ||||||
26 | nonresident of Illinois under which the firearm
is mailed |
| |||||||
| |||||||
1 | to a point outside the boundaries of Illinois; (3) the sale
| ||||||
2 | of a firearm to a nonresident of Illinois while at a | ||||||
3 | firearm showing or display
recognized by the Illinois | ||||||
4 | Department of State Police; or (4) the sale of a
firearm to | ||||||
5 | a dealer licensed as a federal firearms dealer under | ||||||
6 | Section 923
of the federal Gun Control Act of 1968 (18 | ||||||
7 | U.S.C. 923). For purposes of this paragraph (g), | ||||||
8 | "application" means when the buyer and seller reach an | ||||||
9 | agreement to purchase a firearm.
| ||||||
10 | (h) While holding any license
as a dealer,
importer, | ||||||
11 | manufacturer or pawnbroker
under the federal Gun Control | ||||||
12 | Act of 1968,
manufactures, sells or delivers to any | ||||||
13 | unlicensed person a handgun having
a barrel, slide, frame | ||||||
14 | or receiver which is a die casting of zinc alloy or
any | ||||||
15 | other nonhomogeneous metal which will melt or deform at a | ||||||
16 | temperature
of less than 800 degrees Fahrenheit. For | ||||||
17 | purposes of this paragraph, (1)
"firearm" is defined as in | ||||||
18 | the Firearm Owners Identification Card Act; and (2)
| ||||||
19 | "handgun" is defined as a firearm designed to be held
and | ||||||
20 | fired by the use of a single hand, and includes a | ||||||
21 | combination of parts from
which such a firearm can be | ||||||
22 | assembled.
| ||||||
23 | (i) Sells or gives a firearm of any size to any person | ||||||
24 | under 18 years of
age who does not possess a valid Firearm | ||||||
25 | Owner's Identification Card.
| ||||||
26 | (j) Sells or gives a firearm while engaged in the |
| |||||||
| |||||||
1 | business of selling
firearms at wholesale or retail without | ||||||
2 | being licensed as a federal firearms
dealer under Section | ||||||
3 | 923 of the federal Gun Control Act of 1968 (18 U.S.C.
923). | ||||||
4 | In this paragraph (j):
| ||||||
5 | A person "engaged in the business" means a person who | ||||||
6 | devotes time,
attention, and
labor to
engaging in the | ||||||
7 | activity as a regular course of trade or business with the
| ||||||
8 | principal objective of livelihood and profit, but does not | ||||||
9 | include a person who
makes occasional repairs of firearms | ||||||
10 | or who occasionally fits special barrels,
stocks, or | ||||||
11 | trigger mechanisms to firearms.
| ||||||
12 | "With the principal objective of livelihood and | ||||||
13 | profit" means that the
intent
underlying the sale or | ||||||
14 | disposition of firearms is predominantly one of
obtaining | ||||||
15 | livelihood and pecuniary gain, as opposed to other intents, | ||||||
16 | such as
improving or liquidating a personal firearms | ||||||
17 | collection; however, proof of
profit shall not be required | ||||||
18 | as to a person who engages in the regular and
repetitive | ||||||
19 | purchase and disposition of firearms for criminal purposes | ||||||
20 | or
terrorism.
| ||||||
21 | (k) Sells or transfers ownership of a firearm to a | ||||||
22 | person who does not display to the seller or transferor of | ||||||
23 | the firearm a currently valid Firearm Owner's | ||||||
24 | Identification Card that has previously been issued in the | ||||||
25 | transferee's name by the Department of State Police under | ||||||
26 | the provisions of the Firearm Owners Identification Card |
| |||||||
| |||||||
1 | Act. This paragraph (k) does not apply to the transfer of a | ||||||
2 | firearm to a person who is exempt from the requirement of | ||||||
3 | possessing a Firearm Owner's Identification Card under | ||||||
4 | Section 2 of the Firearm Owners Identification Card Act. | ||||||
5 | For the purposes of this Section, a currently valid Firearm | ||||||
6 | Owner's Identification Card means (i) a Firearm Owner's | ||||||
7 | Identification Card that has not expired or (ii) if the | ||||||
8 | transferor is licensed as a federal firearms dealer under | ||||||
9 | Section 923 of the federal Gun Control Act of 1968 (18 | ||||||
10 | U.S.C. 923), an approval number issued in accordance with | ||||||
11 | subsection (a-10) of subsection 3 or Section 3.1 of the | ||||||
12 | Firearm Owners Identification Card Act shall be proof that | ||||||
13 | the Firearm Owner's Identification Card was valid. | ||||||
14 | (1) In addition to the other requirements of this | ||||||
15 | paragraph (k), all persons who are not federally | ||||||
16 | licensed firearms dealers must also have complied with | ||||||
17 | subsection (a-10) of Section 3 of the Firearms Owners | ||||||
18 | Identification Card Act by determining the validity of | ||||||
19 | a purchaser's Firearms Owner's Identification Card. | ||||||
20 | (2) All sellers or transferors who have complied | ||||||
21 | with the requirements of subparagraph (1) of this | ||||||
22 | paragraph (k) shall not be liable for damages in any | ||||||
23 | civil action arising from the use or misuse by the | ||||||
24 | transferee of the firearm transferred, except for | ||||||
25 | willful or wanton misconduct on the part of the seller | ||||||
26 | or transferor. |
| |||||||
| |||||||
1 | (l) Not
being entitled to the possession of a firearm, | ||||||
2 | delivers the
firearm, knowing it to have been stolen or | ||||||
3 | converted. It may be inferred that
a person who possesses a | ||||||
4 | firearm with knowledge that its serial number has
been | ||||||
5 | removed or altered has knowledge that the firearm is stolen | ||||||
6 | or converted. | ||||||
7 | (B) Paragraph (h) of subsection (A) does not include | ||||||
8 | firearms sold within 6
months after enactment of Public
Act | ||||||
9 | 78-355 (approved August 21, 1973, effective October 1, 1973), | ||||||
10 | nor is any
firearm legally owned or
possessed by any citizen or | ||||||
11 | purchased by any citizen within 6 months after the
enactment of | ||||||
12 | Public Act 78-355 subject
to confiscation or seizure under the | ||||||
13 | provisions of that Public Act. Nothing in
Public Act 78-355 | ||||||
14 | shall be construed to prohibit the gift or trade of
any firearm | ||||||
15 | if that firearm was legally held or acquired within 6 months | ||||||
16 | after
the enactment of that Public Act.
| ||||||
17 | (C) Sentence.
| ||||||
18 | (1) Any person convicted of unlawful sale or delivery | ||||||
19 | of firearms in violation of
paragraph (c), (e), (f), (g), | ||||||
20 | or (h) of subsection (A) commits a Class
4
felony.
| ||||||
21 | (2) Any person convicted of unlawful sale or delivery | ||||||
22 | of firearms in violation of
paragraph (b) or (i) of | ||||||
23 | subsection (A) commits a Class 3 felony.
| ||||||
24 | (3) Any person convicted of unlawful sale or delivery | ||||||
25 | of firearms in violation of
paragraph (a) of subsection (A) | ||||||
26 | commits a Class 2 felony.
|
| |||||||
| |||||||
1 | (4) Any person convicted of unlawful sale or delivery | ||||||
2 | of firearms in violation of
paragraph (a), (b), or (i) of | ||||||
3 | subsection (A) in any school, on the real
property | ||||||
4 | comprising a school, within 1,000 feet of the real property | ||||||
5 | comprising
a school, at a school related activity, or on or | ||||||
6 | within 1,000 feet of any
conveyance owned, leased, or | ||||||
7 | contracted by a school or school district to
transport | ||||||
8 | students to or from school or a school related activity,
| ||||||
9 | regardless of the time of day or time of year at which the | ||||||
10 | offense
was committed, commits a Class 1 felony. Any person | ||||||
11 | convicted of a second
or subsequent violation of unlawful | ||||||
12 | sale or delivery of firearms in violation of paragraph
(a), | ||||||
13 | (b), or (i) of subsection (A) in any school, on the real | ||||||
14 | property
comprising a school, within 1,000 feet of the real | ||||||
15 | property comprising a
school, at a school related activity, | ||||||
16 | or on or within 1,000 feet of any
conveyance owned, leased, | ||||||
17 | or contracted by a school or school district to
transport | ||||||
18 | students to or from school or a school related activity,
| ||||||
19 | regardless of the time of day or time of year at which the | ||||||
20 | offense
was committed, commits a Class 1 felony for which | ||||||
21 | the sentence shall be a
term of imprisonment of no less | ||||||
22 | than 5 years and no more than 15 years.
| ||||||
23 | (5) Any person convicted of unlawful sale or delivery | ||||||
24 | of firearms in violation of
paragraph (a) or (i) of | ||||||
25 | subsection (A) in residential property owned,
operated, or | ||||||
26 | managed by a public housing agency or leased by a public |
| |||||||
| |||||||
1 | housing
agency as part of a scattered site or mixed-income | ||||||
2 | development, in a public
park, in a
courthouse, on | ||||||
3 | residential property owned, operated, or managed by a | ||||||
4 | public
housing agency or leased by a public housing agency | ||||||
5 | as part of a scattered site
or mixed-income development, on | ||||||
6 | the real property comprising any public park,
on the real
| ||||||
7 | property comprising any courthouse, or on any public way | ||||||
8 | within 1,000 feet
of the real property comprising any | ||||||
9 | public park, courthouse, or residential
property owned, | ||||||
10 | operated, or managed by a public housing agency or leased | ||||||
11 | by a
public housing agency as part of a scattered site or | ||||||
12 | mixed-income development
commits a
Class 2 felony.
| ||||||
13 | (6) Any person convicted of unlawful sale or delivery | ||||||
14 | of firearms in violation of
paragraph (j) of subsection (A) | ||||||
15 | commits a Class A misdemeanor. A second or
subsequent | ||||||
16 | violation is a Class 4 felony. | ||||||
17 | (7) Any person convicted of unlawful sale or delivery | ||||||
18 | of firearms in violation of paragraph (k) of subsection (A) | ||||||
19 | commits a Class 4 felony , except that a violation of | ||||||
20 | subparagraph (1) of paragraph (k) of subsection (A) shall | ||||||
21 | not be punishable as a crime or petty offense . A third or | ||||||
22 | subsequent conviction for a violation of paragraph (k) of | ||||||
23 | subsection (A) is a Class 1 felony.
| ||||||
24 | (8) A person 18 years of age or older convicted of | ||||||
25 | unlawful sale or delivery of firearms in violation of | ||||||
26 | paragraph (a) or (i) of subsection (A), when the firearm |
| |||||||
| |||||||
1 | that was sold or given to another person under 18 years of | ||||||
2 | age was used in the commission of or attempt to commit a | ||||||
3 | forcible felony, shall be fined or imprisoned, or both, not | ||||||
4 | to exceed the maximum provided for the most serious | ||||||
5 | forcible felony so committed or attempted by the person | ||||||
6 | under 18 years of age who was sold or given the firearm. | ||||||
7 | (9) Any person convicted of unlawful sale or delivery | ||||||
8 | of firearms in violation of
paragraph (d) of subsection (A) | ||||||
9 | commits a Class 3 felony. | ||||||
10 | (10) Any person convicted of unlawful sale or delivery | ||||||
11 | of firearms in violation of paragraph (l) of subsection (A) | ||||||
12 | commits a Class 2 felony if the delivery is of one firearm. | ||||||
13 | Any person convicted of unlawful sale or delivery of | ||||||
14 | firearms in violation of paragraph (l) of subsection (A) | ||||||
15 | commits a Class 1 felony if the delivery is of not less | ||||||
16 | than 2 and not more than 5 firearms at the
same time or | ||||||
17 | within a one year period. Any person convicted of unlawful | ||||||
18 | sale or delivery of firearms in violation of paragraph (l) | ||||||
19 | of subsection (A) commits a Class X felony for which he or | ||||||
20 | she shall be sentenced
to a term of imprisonment of not | ||||||
21 | less than 6 years and not more than 30
years if the | ||||||
22 | delivery is of not less than 6 and not more than 10 | ||||||
23 | firearms at the
same time or within a 2 year period. Any | ||||||
24 | person convicted of unlawful sale or delivery of firearms | ||||||
25 | in violation of paragraph (l) of subsection (A) commits a | ||||||
26 | Class X felony for which he or she shall be sentenced
to a |
| |||||||
| |||||||
1 | term of imprisonment of not less than 6 years and not more | ||||||
2 | than 40
years if the delivery is of not less than 11 and | ||||||
3 | not more than 20 firearms at the
same time or within a 3 | ||||||
4 | year period. Any person convicted of unlawful sale or | ||||||
5 | delivery of firearms in violation of paragraph (l) of | ||||||
6 | subsection (A) commits a Class X felony for which he or she | ||||||
7 | shall be sentenced
to a term of imprisonment of not less | ||||||
8 | than 6 years and not more than 50
years if the delivery is | ||||||
9 | of not less than 21 and not more than 30 firearms at the
| ||||||
10 | same time or within a 4 year period. Any person convicted | ||||||
11 | of unlawful sale or delivery of firearms in violation of | ||||||
12 | paragraph (l) of subsection (A) commits a Class X felony | ||||||
13 | for which he or she shall be sentenced
to a term of | ||||||
14 | imprisonment of not less than 6 years and not more than 60
| ||||||
15 | years if the delivery is of 31 or more firearms at the
same | ||||||
16 | time or within a 5 year period. | ||||||
17 | (D) For purposes of this Section:
| ||||||
18 | "School" means a public or private elementary or secondary | ||||||
19 | school,
community college, college, or university.
| ||||||
20 | "School related activity" means any sporting, social, | ||||||
21 | academic, or
other activity for which students' attendance or | ||||||
22 | participation is sponsored,
organized, or funded in whole or in | ||||||
23 | part by a school or school district.
| ||||||
24 | (E) A prosecution for a violation of paragraph (k) of | ||||||
25 | subsection (A) of this Section may be commenced within 6 years | ||||||
26 | after the commission of the offense. A prosecution for a |
| |||||||
| |||||||
1 | violation of this Section other than paragraph (g) of | ||||||
2 | subsection (A) of this Section may be commenced within 5 years | ||||||
3 | after the commission of the offense defined in the particular | ||||||
4 | paragraph.
| ||||||
5 | (Source: P.A. 96-190, eff. 1-1-10; 97-227, eff. 1-1-12; 97-347, | ||||||
6 | eff. 1-1-12; 97-813, eff. 7-13-12; 97-1167, eff. 6-1-13.)
| ||||||
7 | (720 ILCS 5/24-4.1 new)
| ||||||
8 | Sec. 24-4.1. Report of lost or stolen firearms.
| ||||||
9 | (a) If a person who possesses a valid Firearm Owner's | ||||||
10 | Identification Card and who possesses or acquires a firearm | ||||||
11 | thereafter loses the firearm, or if the firearm is stolen from | ||||||
12 | the person, the person must report the loss or theft to the | ||||||
13 | local law enforcement agency within 72 hours after obtaining | ||||||
14 | knowledge of the loss or theft. | ||||||
15 | (b) A law enforcement agency having jurisdiction shall take | ||||||
16 | a written report and shall, as soon as practical, enter the | ||||||
17 | firearm's serial number as stolen into the Law Enforcement | ||||||
18 | Agencies Data System (LEADS). | ||||||
19 | (c) A person shall not be in violation of this Section if: | ||||||
20 | (1) the failure to report is due to an act of God, act | ||||||
21 | of war, or inability of a law enforcement agency to receive | ||||||
22 | the report; | ||||||
23 | (2) the person is hospitalized, in a coma, or is | ||||||
24 | otherwise seriously physically or mentally impaired as to | ||||||
25 | prevent the person from reporting; or |
| |||||||
| |||||||
1 | (3) the person's designee makes a report if the person | ||||||
2 | is unable to make the report. | ||||||
3 | (d) Sentence. A person who violates this Section is guilty | ||||||
4 | of a petty offense for a first violation. A second or | ||||||
5 | subsequent violation of this Section is a Class A misdemeanor. | ||||||
6 | Section 95. No acceleration or delay. Where this Act makes | ||||||
7 | changes in a statute that is represented in this Act by text | ||||||
8 | that is not yet or no longer in effect (for example, a Section | ||||||
9 | represented by multiple versions), the use of that text does | ||||||
10 | not accelerate or delay the taking effect of (i) the changes | ||||||
11 | made by this Act or (ii) provisions derived from any other | ||||||
12 | Public Act. | ||||||
13 | Section 99. Effective date. This Act takes effect upon | ||||||
14 | becoming law.".
|