Sen. Kwame Raoul
Filed: 5/21/2013
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1 | AMENDMENT TO SENATE BILL 851
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2 | AMENDMENT NO. ______. Amend Senate Bill 851 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Firearm Owners Identification Card Act is | ||||||
5 | amended by changing Sections 3, 3.3, 8, 9 and adding Section | ||||||
6 | 9.5 as follows: | ||||||
7 | (430 ILCS 65/3) (from Ch. 38, par. 83-3) | ||||||
8 | Sec. 3. (a) Except as provided in Section 3a, no person may | ||||||
9 | knowingly
transfer, or cause to be transferred, any firearm, | ||||||
10 | firearm ammunition, stun gun, or taser to any person within | ||||||
11 | this State unless the
transferee with whom he deals displays a | ||||||
12 | currently valid Firearm Owner's
Identification Card which has | ||||||
13 | previously been issued in his name by the
Department of State | ||||||
14 | Police under the provisions of this Act. In addition,
all | ||||||
15 | firearm, stun gun, and taser transfers by federally licensed | ||||||
16 | firearm dealers are subject
to Section 3.1. |
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1 | (a-5) Any person who is not a federally licensed firearm | ||||||
2 | dealer and who desires to transfer or sell a firearm while that | ||||||
3 | person is on the grounds of a gun show must, before selling or | ||||||
4 | transferring the firearm, request the Department of State | ||||||
5 | Police to conduct a background check on the prospective | ||||||
6 | recipient of the firearm in accordance with Section 3.1.
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7 | (a-10) Any person who is not a federally licensed firearm | ||||||
8 | dealer and who desires to transfer or sell a firearm or | ||||||
9 | firearms to any person who is not a federally licensed firearm | ||||||
10 | dealer shall, before selling or transferring the firearms, | ||||||
11 | contact the Department of State Police with the purchaser's | ||||||
12 | Firearm Owner's Identification Card number to determine the | ||||||
13 | validity of the purchaser's Firearm Owner's Identification | ||||||
14 | Card. This subsection shall not be effective until January 1, | ||||||
15 | 2014. The Department of State Police may adopt rules concerning | ||||||
16 | the implementation of this subsection. The Department of State | ||||||
17 | Police shall provide the seller or transferor an approval | ||||||
18 | number if the purchaser's Firearm Owner's Identification Card | ||||||
19 | is valid. Approvals issued by the Department for the purchase | ||||||
20 | of a firearm pursuant to this subsection are valid for 30 days | ||||||
21 | from the date of issue. | ||||||
22 | (a-15) The provisions of subsection (a-10) of this Section | ||||||
23 | do not apply to: | ||||||
24 | (1) transfers that occur at the place of business of a | ||||||
25 | federally licensed firearm dealer, if the federally | ||||||
26 | licensed firearm dealer conducts a background check on the |
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1 | prospective recipient of the firearm in accordance with | ||||||
2 | Section 3.1 of this Act and follows all other applicable | ||||||
3 | federal, State, and local laws as if he or she were the | ||||||
4 | seller or transferor of the firearm, although the dealer is | ||||||
5 | not required to accept the firearm into his or her | ||||||
6 | inventory. The purchaser or transferee may be required by | ||||||
7 | the federally licensed firearm dealer to pay a fee not to | ||||||
8 | exceed $10 per firearm, which the dealer may retain as | ||||||
9 | compensation for performing the functions required under | ||||||
10 | this paragraph, plus the applicable fees authorized by | ||||||
11 | Section 3.1; | ||||||
12 | (2) transfers as a bona fide gift to the transferor's | ||||||
13 | husband, wife, son, daughter, stepson, stepdaughter, | ||||||
14 | father, mother, stepfather, stepmother, brother, sister, | ||||||
15 | nephew, niece, uncle, aunt, grandfather, grandmother, | ||||||
16 | grandson, granddaughter, father-in-law, mother-in-law, | ||||||
17 | son-in-law, or daughter-in-law; | ||||||
18 | (3) transfers by persons acting pursuant to operation | ||||||
19 | of law or a court order; | ||||||
20 | (4) transfers on the grounds of a gun show under | ||||||
21 | subsection (a-5) of this Section; | ||||||
22 | (5) the delivery of a firearm by its owner to a | ||||||
23 | gunsmith for service or repair, the return of the firearm | ||||||
24 | to its owner by the gunsmith, or the delivery of a firearm | ||||||
25 | by a gunsmith to a federally licensed firearms dealer for | ||||||
26 | service or repair and the return of the firearm to the |
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1 | gunsmith; | ||||||
2 | (6) temporary transfers that occur while in the home of | ||||||
3 | the unlicensed transferee, if the unlicensed transferee is | ||||||
4 | not otherwise prohibited from possessing firearms and the | ||||||
5 | unlicensed transferee reasonably believes that possession | ||||||
6 | of the firearm is necessary to prevent imminent death or | ||||||
7 | great bodily harm to the unlicensed transferee; | ||||||
8 | (7) transfers to a law enforcement or corrections | ||||||
9 | agency or a law enforcement or corrections officer acting | ||||||
10 | within the course and scope of his or her official duties; | ||||||
11 | (8) transfers of firearms that have been rendered | ||||||
12 | permanently inoperable to a nonprofit historical society, | ||||||
13 | museum, or institutional collection; and | ||||||
14 | (9) transfers to a person who is exempt from the | ||||||
15 | requirement of possessing a Firearm Owner's Identification | ||||||
16 | Card under Section 2 of this Act. | ||||||
17 | (a-20) The Department of State Police shall develop an | ||||||
18 | Internet-based system for individuals to determine the | ||||||
19 | validity of a Firearm Owner's Identification Card prior to the | ||||||
20 | sale or transfer of a firearm. The Department shall have the | ||||||
21 | Internet-based system completed and available for use by July | ||||||
22 | 1, 2015. The Department shall adopt rules not inconsistent with | ||||||
23 | this Section to implement this system. | ||||||
24 | (b) Any person within this State who transfers or causes to | ||||||
25 | be
transferred any firearm, stun gun, or taser shall keep a | ||||||
26 | record of such transfer for a period
of 10 years from the date |
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1 | of transfer. Such record shall contain the date
of the | ||||||
2 | transfer; the description, serial number or other information
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3 | identifying the firearm, stun gun, or taser if no serial number | ||||||
4 | is available; and, if the
transfer was completed within this | ||||||
5 | State, the transferee's Firearm Owner's
Identification Card | ||||||
6 | number and any approval number or documentation provided by the | ||||||
7 | Department of State Police pursuant to subsection (a-10) of | ||||||
8 | this Section . On or after January 1, 2006, the record shall | ||||||
9 | contain the date of application for transfer of the firearm. On | ||||||
10 | demand of a peace officer such transferor
shall produce for | ||||||
11 | inspection such record of transfer. If the transfer or sale | ||||||
12 | took place at a gun show, the record shall include the unique | ||||||
13 | identification number. Failure to record the unique | ||||||
14 | identification number or approval number is a petty offense.
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15 | (b-5) Any resident may purchase ammunition from a person | ||||||
16 | within or outside of Illinois if shipment is by United States | ||||||
17 | mail or by a private express carrier authorized by federal law | ||||||
18 | to ship ammunition. Any resident purchasing ammunition within | ||||||
19 | or outside the State of Illinois must provide the seller with a | ||||||
20 | copy of his or her valid Firearm Owner's Identification Card | ||||||
21 | and either his or her Illinois driver's license or Illinois | ||||||
22 | State Identification Card prior to the shipment of the | ||||||
23 | ammunition. The ammunition may be shipped only to an address on | ||||||
24 | either of those 2 documents. | ||||||
25 | (c) The provisions of this Section regarding the transfer | ||||||
26 | of firearm
ammunition shall not apply to those persons |
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1 | specified in paragraph (b) of
Section 2 of this Act. | ||||||
2 | (Source: P.A. 97-1135, eff. 12-4-12.) | ||||||
3 | (430 ILCS 65/3.3)
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4 | Sec. 3.3. Report to the local law enforcement agency. The | ||||||
5 | Department of
State Police must report the name and address
of | ||||||
6 | a person to the local law enforcement agency where the person | ||||||
7 | resides if the
person attempting to purchase a firearm is | ||||||
8 | disqualified from purchasing a
firearm because of information | ||||||
9 | obtained
under subsection (a-10) of Section 3 or Section 3.1 | ||||||
10 | that would disqualify the person from obtaining a Firearm | ||||||
11 | Owner's Identification Card under any of subsections (c) | ||||||
12 | through (n) of Section 8 of this Act.
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13 | (Source: P.A. 94-125, eff. 1-1-06.)
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14 | (430 ILCS 65/8) (from Ch. 38, par. 83-8)
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15 | (Text of Section before amendment by P.A. 97-1167 )
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16 | Sec. 8. Grounds for denial and revocation. | ||||||
17 | The Department of State Police has authority to deny an
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18 | application for or to revoke and seize a Firearm Owner's | ||||||
19 | Identification
Card previously issued under this Act only if | ||||||
20 | the Department finds that the
applicant or the person to whom | ||||||
21 | such card was issued is or was at the time
of issuance:
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22 | (a) A person under 21 years of age who has been | ||||||
23 | convicted of a
misdemeanor other than a traffic offense or | ||||||
24 | adjudged delinquent;
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1 | (b) A person under 21 years of age who does not have | ||||||
2 | the written consent
of his parent or guardian to acquire | ||||||
3 | and possess firearms and firearm
ammunition, or whose | ||||||
4 | parent or guardian has revoked such written consent,
or | ||||||
5 | where such parent or guardian does not qualify to have a | ||||||
6 | Firearm Owner's
Identification Card;
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7 | (c) A person convicted of a felony under the laws of | ||||||
8 | this or any other
jurisdiction;
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9 | (d) A person addicted to narcotics;
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10 | (e) A person who has been a patient of a mental | ||||||
11 | institution within the
past 5 years . An active law | ||||||
12 | enforcement officer employed by a unit of government who is | ||||||
13 | denied, revoked, or has his or her Firearm Owner's | ||||||
14 | Identification Card seized under this subsection (e) may | ||||||
15 | obtain relief as described in subsection (c-5) of Section | ||||||
16 | 10 of this Act if the officer did not act in a manner | ||||||
17 | threatening to the officer, another person, or the public | ||||||
18 | as determined by the treating clinical psychologist or | ||||||
19 | physician, and the officer seeks mental health treatment or | ||||||
20 | has been adjudicated as a mental defective ;
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21 | (f) A person whose mental condition is of such a nature | ||||||
22 | that it poses
a clear and present danger to the applicant, | ||||||
23 | any other person or persons or
the community;
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24 | For the purposes of this Section, "mental condition" | ||||||
25 | means a state of
mind manifested by violent, suicidal, | ||||||
26 | threatening or assaultive behavior.
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1 | (g) A person who is intellectually disabled;
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2 | (h) A person who intentionally makes a false statement | ||||||
3 | in the Firearm
Owner's Identification Card application;
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4 | (i) An alien who is unlawfully present in
the United | ||||||
5 | States under the laws of the United States;
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6 | (i-5) An alien who has been admitted to the United | ||||||
7 | States under a
non-immigrant visa (as that term is defined | ||||||
8 | in Section 101(a)(26) of the
Immigration and Nationality | ||||||
9 | Act (8 U.S.C. 1101(a)(26))), except that this
subsection | ||||||
10 | (i-5) does not apply to any alien who has been lawfully | ||||||
11 | admitted to
the United States under a non-immigrant visa if | ||||||
12 | that alien is:
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13 | (1) admitted to the United States for lawful hunting or | ||||||
14 | sporting purposes;
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15 | (2) an official representative of a foreign government | ||||||
16 | who is:
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17 | (A) accredited to the United States Government or | ||||||
18 | the Government's
mission to an international | ||||||
19 | organization having its headquarters in the United
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20 | States; or
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21 | (B) en route to or from another country to which | ||||||
22 | that alien is
accredited;
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23 | (3) an official of a foreign government or | ||||||
24 | distinguished foreign visitor
who has been so | ||||||
25 | designated by the Department of State;
| ||||||
26 | (4) a foreign law enforcement officer of a friendly |
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1 | foreign government
entering the United States on | ||||||
2 | official business; or
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3 | (5) one who has received a waiver from the Attorney | ||||||
4 | General of the United
States pursuant to 18 U.S.C. | ||||||
5 | 922(y)(3);
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6 | (j) (Blank);
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7 | (k) A person who has been convicted within the past 5 | ||||||
8 | years of battery,
assault, aggravated assault, violation | ||||||
9 | of an order of protection, or a
substantially similar | ||||||
10 | offense in another jurisdiction, in which a firearm was
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11 | used or possessed;
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12 | (l) A person who has been convicted of domestic | ||||||
13 | battery, aggravated domestic battery, or a substantially
| ||||||
14 | similar offense in another jurisdiction committed before, | ||||||
15 | on or after January 1, 2012 (the effective date of Public | ||||||
16 | Act 97-158). If the applicant or person who has been | ||||||
17 | previously issued a Firearm Owner's Identification Card | ||||||
18 | under this Act knowingly and intelligently waives the right | ||||||
19 | to have an offense described in this paragraph (l) tried by | ||||||
20 | a jury, and by guilty plea or otherwise, results in a | ||||||
21 | conviction for an offense in which a domestic relationship | ||||||
22 | is not a required element of the offense but in which a | ||||||
23 | determination of the applicability of 18 U.S.C. 922(g)(9) | ||||||
24 | is made under Section 112A-11.1 of the Code of Criminal | ||||||
25 | Procedure of 1963, an entry by the court of a judgment of | ||||||
26 | conviction for that offense shall be grounds for denying an |
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| |||||||
1 | application for and for revoking and seizing a Firearm | ||||||
2 | Owner's Identification Card previously issued to the | ||||||
3 | person under this Act;
| ||||||
4 | (m) (Blank);
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5 | (n) A person who is prohibited from acquiring or | ||||||
6 | possessing
firearms or firearm ammunition by any Illinois | ||||||
7 | State statute or by federal
law;
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8 | (o) A minor subject to a petition filed under Section | ||||||
9 | 5-520 of the
Juvenile Court Act of 1987 alleging that the | ||||||
10 | minor is a delinquent minor for
the commission of an | ||||||
11 | offense that if committed by an adult would be a felony;
| ||||||
12 | (p) An adult who had been adjudicated a delinquent | ||||||
13 | minor under the Juvenile
Court Act of 1987 for the | ||||||
14 | commission of an offense that if committed by an
adult | ||||||
15 | would be a felony; or
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16 | (q) A person who is not a resident of the State of | ||||||
17 | Illinois, except as provided in subsection (a-10) of | ||||||
18 | Section 4. | ||||||
19 | The Department of State Police may revoke and seize a | ||||||
20 | Firearm Owner's Identification
Card previously issued under | ||||||
21 | this Act of a person who receives a second conviction for | ||||||
22 | violating Section 24-4.1 of the Criminal Code of 2012.
| ||||||
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 | The Department of State Police may revoke and seize a | ||||||
4 | Firearm Owner's Identification
Card previously issued under | ||||||
5 | this Act of a person who receives a second conviction for | ||||||
6 | violating Section 24-4.1 of the Criminal Code of 2012.
| ||||||
7 | (Source: P.A. 96-701, eff. 1-1-10; 97-158, eff. 1-1-12; 97-227, | ||||||
8 | eff. 1-1-12; 97-813, eff. 7-13-12; 97-1131, eff. 1-1-13; | ||||||
9 | 97-1167, eff. 6-1-13.)
| ||||||
10 | (430 ILCS 65/9) (from Ch. 38, par. 83-9)
| ||||||
11 | Sec. 9. Notice of denial or revocation. | ||||||
12 | Every person whose application for a Firearm Owner's | ||||||
13 | Identification
Card is denied, and every holder of such a Card | ||||||
14 | whose Card is revoked
or seized, shall receive a written notice | ||||||
15 | from the Department of State
Police stating specifically the | ||||||
16 | grounds upon which
his application has
been denied or upon | ||||||
17 | which his Identification Card has been revoked. The written | ||||||
18 | notice shall include the requirements of Section 9.5 of this | ||||||
19 | Act. A copy of the written notice shall be provided to the | ||||||
20 | sheriff and law enforcement agency where the person resides.
| ||||||
21 | (Source: P.A. 97-1131, eff. 1-1-13.)
| ||||||
22 | (430 ILCS 65/9.5 new) | ||||||
23 | Sec. 9.5. Revocation of Firearm Owner's Identification
| ||||||
24 | Card. |
| |||||||
| |||||||
1 | (a) A person who receives a revocation notice under Section | ||||||
2 | 9 of this Act shall, within 48 hours of receiving notice of the | ||||||
3 | revocation: | ||||||
4 | (1) surrender his or her Firearm Owner's | ||||||
5 | Identification Card to the local law enforcement agency | ||||||
6 | where the person resides. The local law enforcement agency | ||||||
7 | shall provide the person a receipt and transmit the Firearm | ||||||
8 | Owner's Identification Card to the Department of State | ||||||
9 | Police; and | ||||||
10 | (2) complete a Firearm Disposition Record on a form | ||||||
11 | prescribed by the Department of State Police and place his | ||||||
12 | or her firearm in the location or with the person reported | ||||||
13 | in the Firearm Disposition Record. The form shall require | ||||||
14 | the person to disclose: | ||||||
15 | (A) the make, model, and serial number of all | ||||||
16 | firearms owned by or under the custody and control of | ||||||
17 | the revoked person; | ||||||
18 | (B) the location where the firearms will be | ||||||
19 | maintained during the prohibited term; and | ||||||
20 | (C) if the firearms will be transferred to the | ||||||
21 | custody of another person, the name, address and | ||||||
22 | Identification number of the transferee. | ||||||
23 | (b) The local law enforcement agency shall provide a copy | ||||||
24 | of the Firearm Disposition Record to the person whose Firearm | ||||||
25 | Owner's Identification Card has been revoked and to the | ||||||
26 | Department of State Police. |
| |||||||
| |||||||
1 | (c) If the person whose Firearm Owner's Identification Card | ||||||
2 | has been revoked fails to comply with the requirements of this | ||||||
3 | Section, the sheriff or law enforcement agency where the person | ||||||
4 | resides may petition the circuit court to issue a warrant to | ||||||
5 | search for and seize the Firearm Owner's Identification Card | ||||||
6 | and firearms in the possession and under the custody or control | ||||||
7 | of the person whose Firearm Owner's Identification Card has | ||||||
8 | been revoked. | ||||||
9 | (d) A violation of this Section is a Class A misdemeanor. | ||||||
10 | (e) The observation of an Firearm Owner's Identification | ||||||
11 | Card in the possession of a person whose Firearm Owner's | ||||||
12 | Identification Card has been revoked constitutes a sufficient | ||||||
13 | basis for the arrest of that person for violation of this | ||||||
14 | Section. | ||||||
15 | (f) Within 60 days after the effective date of this | ||||||
16 | amendatory Act of the 98th General Assembly, the Department of | ||||||
17 | State Police shall provide written notice of the requirements | ||||||
18 | of this Section to persons whose Firearm Owner's Identification | ||||||
19 | Cards have not expired and who have failed to surrender their | ||||||
20 | cards to the Department. | ||||||
21 | (g) Persons whose Firearm Owner's Identification Cards | ||||||
22 | have been revoked and who receive notice under subsection (f) | ||||||
23 | shall comply with the requirements of this Section within 48 | ||||||
24 | hours of receiving notice. | ||||||
25 | Section 10. The Criminal Code of 2012 is amended by |
| |||||||
| |||||||
1 | changing Section 24-3 and adding Section 24-4.1 as follows:
| ||||||
2 | (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
| ||||||
3 | (Text of Section before 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 hospital within the past 5 | ||||||
20 | years.
| ||||||
21 | (f) Sells or gives any firearms to any person who is | ||||||
22 | intellectually disabled.
| ||||||
23 | (g) Delivers any firearm of a size which may be | ||||||
24 | concealed upon the
person, incidental to a sale, without | ||||||
25 | withholding delivery of such firearm
for at least 72 hours |
| |||||||
| |||||||
1 | after application for its purchase has been made, or
| ||||||
2 | delivers any rifle, shotgun or other long gun, or a stun | ||||||
3 | gun or taser, incidental to a sale,
without withholding | ||||||
4 | delivery of such rifle, shotgun or other long gun, or a | ||||||
5 | stun gun or taser for
at least 24 hours after application | ||||||
6 | for its purchase has been made.
However,
this paragraph (g) | ||||||
7 | does not apply to: (1) the sale of a firearm
to a law | ||||||
8 | enforcement officer if the seller of the firearm knows that | ||||||
9 | the person to whom he or she is selling the firearm is a | ||||||
10 | law enforcement officer or the sale of a firearm to a | ||||||
11 | person who desires to purchase a firearm for
use in | ||||||
12 | promoting the public interest incident to his or her | ||||||
13 | employment as a
bank guard, armed truck guard, or other | ||||||
14 | similar employment; (2) a mail
order sale of a firearm to a | ||||||
15 | nonresident of Illinois under which the firearm
is mailed | ||||||
16 | to a point outside the boundaries of Illinois; (3) the sale
| ||||||
17 | of a firearm to a nonresident of Illinois while at a | ||||||
18 | firearm showing or display
recognized by the Illinois | ||||||
19 | Department of State Police; or (4) the sale of a
firearm to | ||||||
20 | a dealer licensed as a federal firearms dealer under | ||||||
21 | Section 923
of the federal Gun Control Act of 1968 (18 | ||||||
22 | U.S.C. 923). For purposes of this paragraph (g), | ||||||
23 | "application" means when the buyer and seller reach an | ||||||
24 | agreement to purchase a firearm.
| ||||||
25 | (h) While holding any license
as a dealer,
importer, | ||||||
26 | manufacturer or pawnbroker
under the federal Gun Control |
| |||||||
| |||||||
1 | Act of 1968,
manufactures, sells or delivers to any | ||||||
2 | unlicensed person a handgun having
a barrel, slide, frame | ||||||
3 | or receiver which is a die casting of zinc alloy or
any | ||||||
4 | other nonhomogeneous metal which will melt or deform at a | ||||||
5 | temperature
of less than 800 degrees Fahrenheit. For | ||||||
6 | purposes of this paragraph, (1)
"firearm" is defined as in | ||||||
7 | the Firearm Owners Identification Card Act; and (2)
| ||||||
8 | "handgun" is defined as a firearm designed to be held
and | ||||||
9 | fired by the use of a single hand, and includes a | ||||||
10 | combination of parts from
which such a firearm can be | ||||||
11 | assembled.
| ||||||
12 | (i) Sells or gives a firearm of any size to any person | ||||||
13 | under 18 years of
age who does not possess a valid Firearm | ||||||
14 | Owner's Identification Card.
| ||||||
15 | (j) Sells or gives a firearm while engaged in the | ||||||
16 | business of selling
firearms at wholesale or retail without | ||||||
17 | being licensed as a federal firearms
dealer under Section | ||||||
18 | 923 of the federal Gun Control Act of 1968 (18 U.S.C.
923). | ||||||
19 | In this paragraph (j):
| ||||||
20 | A person "engaged in the business" means a person who | ||||||
21 | devotes time,
attention, and
labor to
engaging in the | ||||||
22 | activity as a regular course of trade or business with the
| ||||||
23 | principal objective of livelihood and profit, but does not | ||||||
24 | include a person who
makes occasional repairs of firearms | ||||||
25 | or who occasionally fits special barrels,
stocks, or | ||||||
26 | trigger mechanisms to firearms.
|
| |||||||
| |||||||
1 | "With the principal objective of livelihood and | ||||||
2 | profit" means that the
intent
underlying the sale or | ||||||
3 | disposition of firearms is predominantly one of
obtaining | ||||||
4 | livelihood and pecuniary gain, as opposed to other intents, | ||||||
5 | such as
improving or liquidating a personal firearms | ||||||
6 | collection; however, proof of
profit shall not be required | ||||||
7 | as to a person who engages in the regular and
repetitive | ||||||
8 | purchase and disposition of firearms for criminal purposes | ||||||
9 | or
terrorism.
| ||||||
10 | (k) Sells or transfers ownership of a firearm to a | ||||||
11 | person who does not display to the seller or transferor of | ||||||
12 | the firearm a currently valid Firearm Owner's | ||||||
13 | Identification Card that has previously been issued in the | ||||||
14 | transferee's name by the Department of State Police under | ||||||
15 | the provisions of the Firearm Owners Identification Card | ||||||
16 | Act. This paragraph (k) does not apply to the transfer of a | ||||||
17 | firearm to a person who is exempt from the requirement of | ||||||
18 | possessing a Firearm Owner's Identification Card under | ||||||
19 | Section 2 of the Firearm Owners Identification Card Act. | ||||||
20 | For the purposes of this Section, a currently valid Firearm | ||||||
21 | Owner's Identification Card means (i) a Firearm Owner's | ||||||
22 | Identification Card that has not expired or (ii) if the | ||||||
23 | transferor is licensed as a federal firearms dealer under | ||||||
24 | Section 923 of the federal Gun Control Act of 1968 (18 | ||||||
25 | U.S.C. 923), an approval number issued in accordance with | ||||||
26 | subsection (a-10) of Section 3 or Section 3.1 of the |
| |||||||
| |||||||
1 | Firearm Owners Identification Card Act shall be proof that | ||||||
2 | the Firearm Owner's Identification Card was valid. | ||||||
3 | (1) In addition to the other requirements of this | ||||||
4 | paragraph (k), all persons who are not federally | ||||||
5 | licensed firearms dealers must also have complied with | ||||||
6 | subsection (a-10) of Section 3 of the Firearms Owners | ||||||
7 | Identification Card Act by determining the validity of | ||||||
8 | a purchaser's Firearms Owner's Identification Card. | ||||||
9 | (2) All sellers or transferors who have complied | ||||||
10 | with the requirements of subparagraph (1) of this | ||||||
11 | paragraph (k) shall not be liable for damages in any | ||||||
12 | civil action arising from the use or misuse by the | ||||||
13 | transferee of the firearm transferred, except for | ||||||
14 | willful or wanton misconduct on the part of the seller | ||||||
15 | or transferor. | ||||||
16 | (l) Not
being entitled to the possession of a firearm, | ||||||
17 | delivers the
firearm, knowing it to have been stolen or | ||||||
18 | converted. It may be inferred that
a person who possesses a | ||||||
19 | firearm with knowledge that its serial number has
been | ||||||
20 | removed or altered has knowledge that the firearm is stolen | ||||||
21 | or converted. | ||||||
22 | (B) Paragraph (h) of subsection (A) does not include | ||||||
23 | firearms sold within 6
months after enactment of Public
Act | ||||||
24 | 78-355 (approved August 21, 1973, effective October 1, 1973), | ||||||
25 | nor is any
firearm legally owned or
possessed by any citizen or | ||||||
26 | purchased by any citizen within 6 months after the
enactment of |
| |||||||
| |||||||
1 | Public Act 78-355 subject
to confiscation or seizure under the | ||||||
2 | provisions of that Public Act. Nothing in
Public Act 78-355 | ||||||
3 | shall be construed to prohibit the gift or trade of
any firearm | ||||||
4 | if that firearm was legally held or acquired within 6 months | ||||||
5 | after
the enactment of that Public Act.
| ||||||
6 | (C) Sentence.
| ||||||
7 | (1) Any person convicted of unlawful sale or delivery | ||||||
8 | of firearms in violation of
paragraph (c), (e), (f), (g), | ||||||
9 | or (h) of subsection (A) commits a Class
4
felony.
| ||||||
10 | (2) Any person convicted of unlawful sale or delivery | ||||||
11 | of firearms in violation of
paragraph (b) or (i) of | ||||||
12 | subsection (A) commits a Class 3 felony.
| ||||||
13 | (3) Any person convicted of unlawful sale or delivery | ||||||
14 | of firearms in violation of
paragraph (a) of subsection (A) | ||||||
15 | commits a Class 2 felony.
| ||||||
16 | (4) Any person convicted of unlawful sale or delivery | ||||||
17 | of firearms in violation of
paragraph (a), (b), or (i) of | ||||||
18 | subsection (A) in any school, on the real
property | ||||||
19 | comprising a school, within 1,000 feet of the real property | ||||||
20 | comprising
a school, at a school related activity, or on or | ||||||
21 | within 1,000 feet of any
conveyance owned, leased, or | ||||||
22 | contracted by a school or school district to
transport | ||||||
23 | students to or from school or a school related activity,
| ||||||
24 | regardless of the time of day or time of year at which the | ||||||
25 | offense
was committed, commits a Class 1 felony. Any person | ||||||
26 | convicted of a second
or subsequent violation of unlawful |
| |||||||
| |||||||
1 | sale or delivery of firearms in violation of paragraph
(a), | ||||||
2 | (b), or (i) of subsection (A) in any school, on the real | ||||||
3 | property
comprising a school, within 1,000 feet of the real | ||||||
4 | property comprising a
school, at a school related activity, | ||||||
5 | or on or within 1,000 feet of any
conveyance owned, leased, | ||||||
6 | or contracted by a school or school district to
transport | ||||||
7 | students to or from school or a school related activity,
| ||||||
8 | regardless of the time of day or time of year at which the | ||||||
9 | offense
was committed, commits a Class 1 felony for which | ||||||
10 | the sentence shall be a
term of imprisonment of no less | ||||||
11 | than 5 years and no more than 15 years.
| ||||||
12 | (5) Any person convicted of unlawful sale or delivery | ||||||
13 | of firearms in violation of
paragraph (a) or (i) of | ||||||
14 | subsection (A) in residential property owned,
operated, or | ||||||
15 | managed by a public housing agency or leased by a public | ||||||
16 | housing
agency as part of a scattered site or mixed-income | ||||||
17 | development, in a public
park, in a
courthouse, on | ||||||
18 | residential property owned, operated, or managed by a | ||||||
19 | public
housing agency or leased by a public housing agency | ||||||
20 | as part of a scattered site
or mixed-income development, on | ||||||
21 | the real property comprising any public park,
on the real
| ||||||
22 | property comprising any courthouse, or on any public way | ||||||
23 | within 1,000 feet
of the real property comprising any | ||||||
24 | public park, courthouse, or residential
property owned, | ||||||
25 | operated, or managed by a public housing agency or leased | ||||||
26 | by a
public housing agency as part of a scattered site or |
| |||||||
| |||||||
1 | mixed-income development
commits a
Class 2 felony.
| ||||||
2 | (6) Any person convicted of unlawful sale or delivery | ||||||
3 | of firearms in violation of
paragraph (j) of subsection (A) | ||||||
4 | commits a Class A misdemeanor. A second or
subsequent | ||||||
5 | violation is a Class 4 felony. | ||||||
6 | (7) Any person convicted of unlawful sale or delivery | ||||||
7 | of firearms in violation of paragraph (k) of subsection (A) | ||||||
8 | commits a Class 4 felony , except that a violation of | ||||||
9 | subparagraph (1) of paragraph (k) of subsection (A) shall | ||||||
10 | not be punishable as a crime or petty offense . A third or | ||||||
11 | subsequent conviction for a violation of paragraph (k) of | ||||||
12 | subsection (A) is a Class 1 felony.
| ||||||
13 | (8) A person 18 years of age or older convicted of | ||||||
14 | unlawful sale or delivery of firearms in violation of | ||||||
15 | paragraph (a) or (i) of subsection (A), when the firearm | ||||||
16 | that was sold or given to another person under 18 years of | ||||||
17 | age was used in the commission of or attempt to commit a | ||||||
18 | forcible felony, shall be fined or imprisoned, or both, not | ||||||
19 | to exceed the maximum provided for the most serious | ||||||
20 | forcible felony so committed or attempted by the person | ||||||
21 | under 18 years of age who was sold or given the firearm. | ||||||
22 | (9) Any person convicted of unlawful sale or delivery | ||||||
23 | of firearms in violation of
paragraph (d) of subsection (A) | ||||||
24 | commits a Class 3 felony. | ||||||
25 | (10) Any person convicted of unlawful sale or delivery | ||||||
26 | of firearms in violation of paragraph (l) of subsection (A) |
| |||||||
| |||||||
1 | commits a Class 2 felony if the delivery is of one firearm. | ||||||
2 | Any person convicted of unlawful sale or delivery of | ||||||
3 | firearms in violation of paragraph (l) of subsection (A) | ||||||
4 | commits a Class 1 felony if the delivery is of not less | ||||||
5 | than 2 and not more than 5 firearms at the
same time or | ||||||
6 | within a one year period. Any person convicted of unlawful | ||||||
7 | sale or delivery of firearms in violation of paragraph (l) | ||||||
8 | of subsection (A) commits a Class X felony for which he or | ||||||
9 | she shall be sentenced
to a term of imprisonment of not | ||||||
10 | less than 6 years and not more than 30
years if the | ||||||
11 | delivery is of not less than 6 and not more than 10 | ||||||
12 | firearms at the
same time or within a 2 year period. Any | ||||||
13 | person convicted of unlawful sale or delivery of firearms | ||||||
14 | in violation of paragraph (l) of subsection (A) commits a | ||||||
15 | Class X felony for which he or she shall be sentenced
to a | ||||||
16 | term of imprisonment of not less than 6 years and not more | ||||||
17 | than 40
years if the delivery is of not less than 11 and | ||||||
18 | not more than 20 firearms at the
same time or within a 3 | ||||||
19 | year period. Any person convicted of unlawful sale or | ||||||
20 | delivery of firearms in violation of paragraph (l) of | ||||||
21 | subsection (A) commits a Class X felony for which he or she | ||||||
22 | shall be sentenced
to a term of imprisonment of not less | ||||||
23 | than 6 years and not more than 50
years if the delivery is | ||||||
24 | of not less than 21 and not more than 30 firearms at the
| ||||||
25 | same time or within a 4 year period. Any person convicted | ||||||
26 | of unlawful sale or delivery of firearms in violation of |
| |||||||
| |||||||
1 | paragraph (l) of subsection (A) commits a Class X felony | ||||||
2 | for which he or she shall be sentenced
to a term of | ||||||
3 | imprisonment of not less than 6 years and not more than 60
| ||||||
4 | years if the delivery is of 31 or more firearms at the
same | ||||||
5 | time or within a 5 year period. | ||||||
6 | (D) For purposes of this Section:
| ||||||
7 | "School" means a public or private elementary or secondary | ||||||
8 | school,
community college, college, or university.
| ||||||
9 | "School related activity" means any sporting, social, | ||||||
10 | academic, or
other activity for which students' attendance or | ||||||
11 | participation is sponsored,
organized, or funded in whole or in | ||||||
12 | part by a school or school district.
| ||||||
13 | (E) A prosecution for a violation of paragraph (k) of | ||||||
14 | subsection (A) of this Section may be commenced within 6 years | ||||||
15 | after the commission of the offense. A prosecution for a | ||||||
16 | violation of this Section other than paragraph (g) of | ||||||
17 | subsection (A) of this Section may be commenced within 5 years | ||||||
18 | after the commission of the offense defined in the particular | ||||||
19 | paragraph.
| ||||||
20 | (Source: P.A. 96-190, eff. 1-1-10; 97-227, eff. 1-1-12; 97-347, | ||||||
21 | eff. 1-1-12; 97-813, eff. 7-13-12.)
| ||||||
22 | (Text of Section after amendment by P.A. 97-1167 )
| ||||||
23 | Sec. 24-3. Unlawful sale or delivery of firearms.
| ||||||
24 | (A) A person commits the offense of unlawful sale or | ||||||
25 | delivery of firearms when he
or she knowingly does any of the |
| |||||||
| |||||||
1 | following:
| ||||||
2 | (a) Sells or gives any firearm of a size which may be | ||||||
3 | concealed upon the
person to any person under 18 years of | ||||||
4 | age.
| ||||||
5 | (b) Sells or gives any firearm to a person under 21 | ||||||
6 | years of age who has
been convicted of a misdemeanor other | ||||||
7 | than a traffic offense or adjudged
delinquent.
| ||||||
8 | (c) Sells or gives any firearm to any narcotic addict.
| ||||||
9 | (d) Sells or gives any firearm to any person who has | ||||||
10 | been convicted of a
felony under the laws of this or any | ||||||
11 | other jurisdiction.
| ||||||
12 | (e) Sells or gives any firearm to any person who has | ||||||
13 | been a patient in a
mental institution within the past 5 | ||||||
14 | years. In this subsection (e): | ||||||
15 | "Mental institution" means any hospital, | ||||||
16 | institution, clinic, evaluation facility, mental | ||||||
17 | health center, or part thereof, which is used primarily | ||||||
18 | for the care or treatment of persons with mental | ||||||
19 | illness. | ||||||
20 | "Patient in a mental institution" means the person | ||||||
21 | was admitted, either voluntarily or involuntarily, to | ||||||
22 | a mental institution for mental health treatment, | ||||||
23 | unless the treatment was voluntary and solely for an | ||||||
24 | alcohol abuse disorder and no other secondary | ||||||
25 | substance abuse disorder or mental illness.
| ||||||
26 | (f) Sells or gives any firearms to any person who is |
| |||||||
| |||||||
1 | intellectually disabled.
| ||||||
2 | (g) Delivers any firearm of a size which may be | ||||||
3 | concealed upon the
person, incidental to a sale, without | ||||||
4 | withholding delivery of such firearm
for at least 72 hours | ||||||
5 | after application for its purchase has been made, or
| ||||||
6 | delivers any rifle, shotgun or other long gun, or a stun | ||||||
7 | gun or taser, incidental to a sale,
without withholding | ||||||
8 | delivery of such rifle, shotgun or other long gun, or a | ||||||
9 | stun gun or taser for
at least 24 hours after application | ||||||
10 | for its purchase has been made.
However,
this paragraph (g) | ||||||
11 | does not apply to: (1) the sale of a firearm
to a law | ||||||
12 | enforcement officer if the seller of the firearm knows that | ||||||
13 | the person to whom he or she is selling the firearm is a | ||||||
14 | law enforcement officer or the sale of a firearm to a | ||||||
15 | person who desires to purchase a firearm for
use in | ||||||
16 | promoting the public interest incident to his or her | ||||||
17 | employment as a
bank guard, armed truck guard, or other | ||||||
18 | similar employment; (2) a mail
order sale of a firearm to a | ||||||
19 | nonresident of Illinois under which the firearm
is mailed | ||||||
20 | to a point outside the boundaries of Illinois; (3) the sale
| ||||||
21 | of a firearm to a nonresident of Illinois while at a | ||||||
22 | firearm showing or display
recognized by the Illinois | ||||||
23 | Department of State Police; or (4) the sale of a
firearm to | ||||||
24 | a dealer licensed as a federal firearms dealer under | ||||||
25 | Section 923
of the federal Gun Control Act of 1968 (18 | ||||||
26 | U.S.C. 923). For purposes of this paragraph (g), |
| |||||||
| |||||||
1 | "application" means when the buyer and seller reach an | ||||||
2 | agreement to purchase a firearm.
| ||||||
3 | (h) While holding any license
as a dealer,
importer, | ||||||
4 | manufacturer or pawnbroker
under the federal Gun Control | ||||||
5 | Act of 1968,
manufactures, sells or delivers to any | ||||||
6 | unlicensed person a handgun having
a barrel, slide, frame | ||||||
7 | or receiver which is a die casting of zinc alloy or
any | ||||||
8 | other nonhomogeneous metal which will melt or deform at a | ||||||
9 | temperature
of less than 800 degrees Fahrenheit. For | ||||||
10 | purposes of this paragraph, (1)
"firearm" is defined as in | ||||||
11 | the Firearm Owners Identification Card Act; and (2)
| ||||||
12 | "handgun" is defined as a firearm designed to be held
and | ||||||
13 | fired by the use of a single hand, and includes a | ||||||
14 | combination of parts from
which such a firearm can be | ||||||
15 | assembled.
| ||||||
16 | (i) Sells or gives a firearm of any size to any person | ||||||
17 | under 18 years of
age who does not possess a valid Firearm | ||||||
18 | Owner's Identification Card.
| ||||||
19 | (j) Sells or gives a firearm while engaged in the | ||||||
20 | business of selling
firearms at wholesale or retail without | ||||||
21 | being licensed as a federal firearms
dealer under Section | ||||||
22 | 923 of the federal Gun Control Act of 1968 (18 U.S.C.
923). | ||||||
23 | In this paragraph (j):
| ||||||
24 | A person "engaged in the business" means a person who | ||||||
25 | devotes time,
attention, and
labor to
engaging in the | ||||||
26 | activity as a regular course of trade or business with the
|
| |||||||
| |||||||
1 | principal objective of livelihood and profit, but does not | ||||||
2 | include a person who
makes occasional repairs of firearms | ||||||
3 | or who occasionally fits special barrels,
stocks, or | ||||||
4 | trigger mechanisms to firearms.
| ||||||
5 | "With the principal objective of livelihood and | ||||||
6 | profit" means that the
intent
underlying the sale or | ||||||
7 | disposition of firearms is predominantly one of
obtaining | ||||||
8 | livelihood and pecuniary gain, as opposed to other intents, | ||||||
9 | such as
improving or liquidating a personal firearms | ||||||
10 | collection; however, proof of
profit shall not be required | ||||||
11 | as to a person who engages in the regular and
repetitive | ||||||
12 | purchase and disposition of firearms for criminal purposes | ||||||
13 | or
terrorism.
| ||||||
14 | (k) Sells or transfers ownership of a firearm to a | ||||||
15 | person who does not display to the seller or transferor of | ||||||
16 | the firearm a currently valid Firearm Owner's | ||||||
17 | Identification Card that has previously been issued in the | ||||||
18 | transferee's name by the Department of State Police under | ||||||
19 | the provisions of the Firearm Owners Identification Card | ||||||
20 | Act. This paragraph (k) does not apply to the transfer of a | ||||||
21 | firearm to a person who is exempt from the requirement of | ||||||
22 | possessing a Firearm Owner's Identification Card under | ||||||
23 | Section 2 of the Firearm Owners Identification Card Act. | ||||||
24 | For the purposes of this Section, a currently valid Firearm | ||||||
25 | Owner's Identification Card means (i) a Firearm Owner's | ||||||
26 | Identification Card that has not expired or (ii) if the |
| |||||||
| |||||||
1 | transferor is licensed as a federal firearms dealer under | ||||||
2 | Section 923 of the federal Gun Control Act of 1968 (18 | ||||||
3 | U.S.C. 923), an approval number issued in accordance with | ||||||
4 | subsection (a-10) of subsection 3 or Section 3.1 of the | ||||||
5 | Firearm Owners Identification Card Act shall be proof that | ||||||
6 | the Firearm Owner's Identification Card was valid. | ||||||
7 | (1) In addition to the other requirements of this | ||||||
8 | paragraph (k), all persons who are not federally | ||||||
9 | licensed firearms dealers must also have complied with | ||||||
10 | subsection (a-10) of Section 3 of the Firearms Owners | ||||||
11 | Identification Card Act by determining the validity of | ||||||
12 | a purchaser's Firearms Owner's Identification Card. | ||||||
13 | (2) All sellers or transferors who have complied | ||||||
14 | with the requirements of subparagraph (1) of this | ||||||
15 | paragraph (k) shall not be liable for damages in any | ||||||
16 | civil action arising from the use or misuse by the | ||||||
17 | transferee of the firearm transferred, except for | ||||||
18 | willful or wanton misconduct on the part of the seller | ||||||
19 | or transferor. | ||||||
20 | (l) Not
being entitled to the possession of a firearm, | ||||||
21 | delivers the
firearm, knowing it to have been stolen or | ||||||
22 | converted. It may be inferred that
a person who possesses a | ||||||
23 | firearm with knowledge that its serial number has
been | ||||||
24 | removed or altered has knowledge that the firearm is stolen | ||||||
25 | or converted. | ||||||
26 | (B) Paragraph (h) of subsection (A) does not include |
| |||||||
| |||||||
1 | firearms sold within 6
months after enactment of Public
Act | ||||||
2 | 78-355 (approved August 21, 1973, effective October 1, 1973), | ||||||
3 | nor is any
firearm legally owned or
possessed by any citizen or | ||||||
4 | purchased by any citizen within 6 months after the
enactment of | ||||||
5 | Public Act 78-355 subject
to confiscation or seizure under the | ||||||
6 | provisions of that Public Act. Nothing in
Public Act 78-355 | ||||||
7 | shall be construed to prohibit the gift or trade of
any firearm | ||||||
8 | if that firearm was legally held or acquired within 6 months | ||||||
9 | after
the enactment of that Public Act.
| ||||||
10 | (C) Sentence.
| ||||||
11 | (1) Any person convicted of unlawful sale or delivery | ||||||
12 | of firearms in violation of
paragraph (c), (e), (f), (g), | ||||||
13 | or (h) of subsection (A) commits a Class
4
felony.
| ||||||
14 | (2) Any person convicted of unlawful sale or delivery | ||||||
15 | of firearms in violation of
paragraph (b) or (i) of | ||||||
16 | subsection (A) commits a Class 3 felony.
| ||||||
17 | (3) Any person convicted of unlawful sale or delivery | ||||||
18 | of firearms in violation of
paragraph (a) of subsection (A) | ||||||
19 | commits a Class 2 felony.
| ||||||
20 | (4) Any person convicted of unlawful sale or delivery | ||||||
21 | of firearms in violation of
paragraph (a), (b), or (i) of | ||||||
22 | subsection (A) in any school, on the real
property | ||||||
23 | comprising a school, within 1,000 feet of the real property | ||||||
24 | comprising
a school, at a school related activity, or on or | ||||||
25 | within 1,000 feet of any
conveyance owned, leased, or | ||||||
26 | 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. Any person | ||||||
4 | convicted of a second
or subsequent violation of unlawful | ||||||
5 | sale or delivery of firearms in violation of paragraph
(a), | ||||||
6 | (b), or (i) of subsection (A) in any school, on the real | ||||||
7 | property
comprising a school, within 1,000 feet of the real | ||||||
8 | property comprising a
school, at a school related activity, | ||||||
9 | or on or within 1,000 feet of any
conveyance owned, leased, | ||||||
10 | or contracted by a school or school district to
transport | ||||||
11 | students to or from school or a school related activity,
| ||||||
12 | regardless of the time of day or time of year at which the | ||||||
13 | offense
was committed, commits a Class 1 felony for which | ||||||
14 | the sentence shall be a
term of imprisonment of no less | ||||||
15 | than 5 years and no more than 15 years.
| ||||||
16 | (5) Any person convicted of unlawful sale or delivery | ||||||
17 | of firearms in violation of
paragraph (a) or (i) of | ||||||
18 | subsection (A) in residential property owned,
operated, or | ||||||
19 | managed by a public housing agency or leased by a public | ||||||
20 | housing
agency as part of a scattered site or mixed-income | ||||||
21 | development, in a public
park, in a
courthouse, on | ||||||
22 | residential property owned, operated, or managed by a | ||||||
23 | public
housing agency or leased by a public housing agency | ||||||
24 | as part of a scattered site
or mixed-income development, on | ||||||
25 | the real property comprising any public park,
on the real
| ||||||
26 | property comprising any courthouse, or on any public way |
| |||||||
| |||||||
1 | within 1,000 feet
of the real property comprising any | ||||||
2 | public park, courthouse, or residential
property owned, | ||||||
3 | operated, or managed by a public housing agency or leased | ||||||
4 | by a
public housing agency as part of a scattered site or | ||||||
5 | mixed-income development
commits a
Class 2 felony.
| ||||||
6 | (6) Any person convicted of unlawful sale or delivery | ||||||
7 | of firearms in violation of
paragraph (j) of subsection (A) | ||||||
8 | commits a Class A misdemeanor. A second or
subsequent | ||||||
9 | violation is a Class 4 felony. | ||||||
10 | (7) Any person convicted of unlawful sale or delivery | ||||||
11 | of firearms in violation of paragraph (k) of subsection (A) | ||||||
12 | commits a Class 4 felony , except that a violation of | ||||||
13 | subparagraph (1) of paragraph (k) of subsection (A) shall | ||||||
14 | not be punishable as a crime or petty offense . A third or | ||||||
15 | subsequent conviction for a violation of paragraph (k) of | ||||||
16 | subsection (A) is a Class 1 felony.
| ||||||
17 | (8) A person 18 years of age or older convicted of | ||||||
18 | unlawful sale or delivery of firearms in violation of | ||||||
19 | paragraph (a) or (i) of subsection (A), when the firearm | ||||||
20 | that was sold or given to another person under 18 years of | ||||||
21 | age was used in the commission of or attempt to commit a | ||||||
22 | forcible felony, shall be fined or imprisoned, or both, not | ||||||
23 | to exceed the maximum provided for the most serious | ||||||
24 | forcible felony so committed or attempted by the person | ||||||
25 | under 18 years of age who was sold or given the firearm. | ||||||
26 | (9) Any person convicted of unlawful sale or delivery |
| |||||||
| |||||||
1 | of firearms in violation of
paragraph (d) of subsection (A) | ||||||
2 | commits a Class 3 felony. | ||||||
3 | (10) Any person convicted of unlawful sale or delivery | ||||||
4 | of firearms in violation of paragraph (l) of subsection (A) | ||||||
5 | commits a Class 2 felony if the delivery is of one firearm. | ||||||
6 | Any person convicted of unlawful sale or delivery of | ||||||
7 | firearms in violation of paragraph (l) of subsection (A) | ||||||
8 | commits a Class 1 felony if the delivery is of not less | ||||||
9 | than 2 and not more than 5 firearms at the
same time or | ||||||
10 | within a one year period. Any person convicted of unlawful | ||||||
11 | sale or delivery of firearms in violation of paragraph (l) | ||||||
12 | of subsection (A) commits a Class X felony for which he or | ||||||
13 | she shall be sentenced
to a term of imprisonment of not | ||||||
14 | less than 6 years and not more than 30
years if the | ||||||
15 | delivery is of not less than 6 and not more than 10 | ||||||
16 | firearms at the
same time or within a 2 year period. Any | ||||||
17 | person convicted of unlawful sale or delivery of firearms | ||||||
18 | in violation of paragraph (l) of subsection (A) commits a | ||||||
19 | Class X felony for which he or she shall be sentenced
to a | ||||||
20 | term of imprisonment of not less than 6 years and not more | ||||||
21 | than 40
years if the delivery is of not less than 11 and | ||||||
22 | not more than 20 firearms at the
same time or within a 3 | ||||||
23 | year period. Any person convicted of unlawful sale or | ||||||
24 | delivery of firearms in violation of paragraph (l) of | ||||||
25 | subsection (A) commits a Class X felony for which he or she | ||||||
26 | shall be sentenced
to a term of imprisonment of not less |
| |||||||
| |||||||
1 | than 6 years and not more than 50
years if the delivery is | ||||||
2 | of not less than 21 and not more than 30 firearms at the
| ||||||
3 | same time or within a 4 year period. Any person convicted | ||||||
4 | of unlawful sale or delivery of firearms in violation of | ||||||
5 | paragraph (l) of subsection (A) commits a Class X felony | ||||||
6 | for which he or she shall be sentenced
to a term of | ||||||
7 | imprisonment of not less than 6 years and not more than 60
| ||||||
8 | years if the delivery is of 31 or more firearms at the
same | ||||||
9 | time or within a 5 year period. | ||||||
10 | (D) For purposes of this Section:
| ||||||
11 | "School" means a public or private elementary or secondary | ||||||
12 | school,
community college, college, or university.
| ||||||
13 | "School related activity" means any sporting, social, | ||||||
14 | academic, or
other activity for which students' attendance or | ||||||
15 | participation is sponsored,
organized, or funded in whole or in | ||||||
16 | part by a school or school district.
| ||||||
17 | (E) A prosecution for a violation of paragraph (k) of | ||||||
18 | subsection (A) of this Section may be commenced within 6 years | ||||||
19 | after the commission of the offense. A prosecution for a | ||||||
20 | violation of this Section other than paragraph (g) of | ||||||
21 | subsection (A) of this Section may be commenced within 5 years | ||||||
22 | after the commission of the offense defined in the particular | ||||||
23 | paragraph.
| ||||||
24 | (Source: P.A. 96-190, eff. 1-1-10; 97-227, eff. 1-1-12; 97-347, | ||||||
25 | eff. 1-1-12; 97-813, eff. 7-13-12; 97-1167, eff. 6-1-13.)
|
| |||||||
| |||||||
1 | (720 ILCS 5/24-4.1 new)
| ||||||
2 | Sec. 24-4.1. Report of lost or stolen firearms.
| ||||||
3 | (a) If a person who possesses a valid Firearm Owner's | ||||||
4 | Identification Card and who possesses or acquires a firearm | ||||||
5 | thereafter loses the firearm, or if the firearm is stolen from | ||||||
6 | the person, the person must report the loss or theft to the | ||||||
7 | local law enforcement agency within 72 hours after obtaining | ||||||
8 | knowledge of the loss or theft. | ||||||
9 | (b) A law enforcement agency having jurisdiction shall take | ||||||
10 | a written report and shall, as soon as practical, enter the | ||||||
11 | firearm's serial number as stolen into the Law Enforcement | ||||||
12 | Agencies Data System (LEADS). | ||||||
13 | (c) A person shall not be in violation of this Section if: | ||||||
14 | (1) the failure to report is due to an act of God, act | ||||||
15 | of war, or inability of a law enforcement agency to receive | ||||||
16 | the report; | ||||||
17 | (2) the person is hospitalized, in a coma, or is | ||||||
18 | otherwise seriously physically or mentally impaired as to | ||||||
19 | prevent the person from reporting; or | ||||||
20 | (3) the person's designee makes a report if the person | ||||||
21 | is unable to make the report. | ||||||
22 | (d) Sentence. A person who violates this Section is guilty | ||||||
23 | of a petty offense for a first violation. A second or | ||||||
24 | subsequent violation of this Section is a Class A misdemeanor. | ||||||
25 | Section 95. No acceleration or delay. Where this Act makes |
| |||||||
| |||||||
1 | changes in a statute that is represented in this Act by text | ||||||
2 | that is not yet or no longer in effect (for example, a Section | ||||||
3 | represented by multiple versions), the use of that text does | ||||||
4 | not accelerate or delay the taking effect of (i) the changes | ||||||
5 | made by this Act or (ii) provisions derived from any other | ||||||
6 | Public Act. | ||||||
7 | Section 99. Effective date. This Act takes effect upon | ||||||
8 | becoming law.".
|