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1 | | (f) Sells or gives any firearms to any person who is |
2 | | intellectually disabled.
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3 | | (g) Delivers any firearm of a size which may be |
4 | | concealed upon the
person, incidental to a sale, without |
5 | | withholding delivery of such firearm
for at least 72 hours |
6 | | after application for its purchase has been made, or
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7 | | delivers any rifle, shotgun or other long gun, or a stun |
8 | | gun or taser, incidental to a sale,
without withholding |
9 | | delivery of such rifle, shotgun or other long gun, or a |
10 | | stun gun or taser for
at least 24 hours after application |
11 | | for its purchase has been made.
However,
this paragraph (g) |
12 | | does not apply to: (1) the sale of a firearm
to a law |
13 | | enforcement officer if the seller of the firearm knows that |
14 | | the person to whom he or she is selling the firearm is a |
15 | | law enforcement officer or the sale of a firearm to a |
16 | | person who desires to purchase a firearm for
use in |
17 | | promoting the public interest incident to his or her |
18 | | employment as a
bank guard, armed truck guard, or other |
19 | | similar employment; (2) a mail
order sale of a firearm to a |
20 | | nonresident of Illinois under which the firearm
is mailed |
21 | | to a point outside the boundaries of Illinois; (3) the sale
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22 | | of a firearm to a nonresident of Illinois while at a |
23 | | firearm showing or display
recognized by the Illinois |
24 | | Department of State Police; or (4) the sale of a
firearm to |
25 | | a dealer licensed as a federal firearms dealer under |
26 | | Section 923
of the federal Gun Control Act of 1968 (18 |
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1 | | U.S.C. 923) ; or (5) the transfer of an operable firearm in |
2 | | exchange for another operable firearm . For purposes of this |
3 | | paragraph (g) : , "application" means when the buyer and |
4 | | seller reach an agreement to purchase a firearm ; and |
5 | | "another operable firearm" means any operable handgun in |
6 | | exchange for any operable handgun or any operable long gun |
7 | | in exchange for any operable long gun .
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8 | | (h) While holding any license
as a dealer,
importer, |
9 | | manufacturer or pawnbroker
under the federal Gun Control |
10 | | Act of 1968,
manufactures, sells or delivers to any |
11 | | unlicensed person a handgun having
a barrel, slide, frame |
12 | | or receiver which is a die casting of zinc alloy or
any |
13 | | other nonhomogeneous metal which will melt or deform at a |
14 | | temperature
of less than 800 degrees Fahrenheit. For |
15 | | purposes of this paragraph, (1)
"firearm" is defined as in |
16 | | the Firearm Owners Identification Card Act; and (2)
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17 | | "handgun" is defined as a firearm designed to be held
and |
18 | | fired by the use of a single hand, and includes a |
19 | | combination of parts from
which such a firearm can be |
20 | | assembled.
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21 | | (i) Sells or gives a firearm of any size to any person |
22 | | under 18 years of
age who does not possess a valid Firearm |
23 | | Owner's Identification Card.
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24 | | (j) Sells or gives a firearm while engaged in the |
25 | | business of selling
firearms at wholesale or retail without |
26 | | being licensed as a federal firearms
dealer under Section |
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1 | | 923 of the federal Gun Control Act of 1968 (18 U.S.C.
923). |
2 | | In this paragraph (j):
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3 | | A person "engaged in the business" means a person who |
4 | | devotes time,
attention, and
labor to
engaging in the |
5 | | activity as a regular course of trade or business with the
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6 | | principal objective of livelihood and profit, but does not |
7 | | include a person who
makes occasional repairs of firearms |
8 | | or who occasionally fits special barrels,
stocks, or |
9 | | trigger mechanisms to firearms.
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10 | | "With the principal objective of livelihood and |
11 | | profit" means that the
intent
underlying the sale or |
12 | | disposition of firearms is predominantly one of
obtaining |
13 | | livelihood and pecuniary gain, as opposed to other intents, |
14 | | such as
improving or liquidating a personal firearms |
15 | | collection; however, proof of
profit shall not be required |
16 | | as to a person who engages in the regular and
repetitive |
17 | | purchase and disposition of firearms for criminal purposes |
18 | | or
terrorism.
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19 | | (k) Sells or transfers ownership of a firearm to a |
20 | | person who does not display to the seller or transferor of |
21 | | the firearm a currently valid Firearm Owner's |
22 | | Identification Card that has previously been issued in the |
23 | | transferee's name by the Department of State Police under |
24 | | the provisions of the Firearm Owners Identification Card |
25 | | Act. This paragraph (k) does not apply to the transfer of a |
26 | | firearm to a person who is exempt from the requirement of |
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1 | | possessing a Firearm Owner's Identification Card under |
2 | | Section 2 of the Firearm Owners Identification Card Act. |
3 | | For the purposes of this Section, a currently valid Firearm |
4 | | Owner's Identification Card means (i) a Firearm Owner's |
5 | | Identification Card that has not expired or (ii) if the |
6 | | transferor is licensed as a federal firearms dealer under |
7 | | Section 923 of the federal Gun Control Act of 1968 (18 |
8 | | U.S.C. 923), an approval number issued in accordance with |
9 | | Section 3.1 of the Firearm Owners Identification Card Act |
10 | | shall be proof that the Firearm Owner's Identification Card |
11 | | was valid. |
12 | | (l) Not
being entitled to the possession of a firearm, |
13 | | delivers the
firearm, knowing it to have been stolen or |
14 | | converted. It may be inferred that
a person who possesses a |
15 | | firearm with knowledge that its serial number has
been |
16 | | removed or altered has knowledge that the firearm is stolen |
17 | | or converted. |
18 | | (B) Paragraph (h) of subsection (A) does not include |
19 | | firearms sold within 6
months after enactment of Public
Act |
20 | | 78-355 (approved August 21, 1973, effective October 1, 1973), |
21 | | nor is any
firearm legally owned or
possessed by any citizen or |
22 | | purchased by any citizen within 6 months after the
enactment of |
23 | | Public Act 78-355 subject
to confiscation or seizure under the |
24 | | provisions of that Public Act. Nothing in
Public Act 78-355 |
25 | | shall be construed to prohibit the gift or trade of
any firearm |
26 | | if that firearm was legally held or acquired within 6 months |
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1 | | after
the enactment of that Public Act.
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2 | | (C) Sentence.
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3 | | (1) Any person convicted of unlawful sale or delivery |
4 | | of firearms in violation of
paragraph (c), (e), (f), (g), |
5 | | or (h) of subsection (A) commits a Class
4
felony.
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6 | | (2) Any person convicted of unlawful sale or delivery |
7 | | of firearms in violation of
paragraph (b) or (i) of |
8 | | subsection (A) commits a Class 3 felony.
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9 | | (3) Any person convicted of unlawful sale or delivery |
10 | | of firearms in violation of
paragraph (a) of subsection (A) |
11 | | commits a Class 2 felony.
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12 | | (4) Any person convicted of unlawful sale or delivery |
13 | | of firearms in violation of
paragraph (a), (b), or (i) of |
14 | | subsection (A) in any school, on the real
property |
15 | | comprising a school, within 1,000 feet of the real property |
16 | | comprising
a school, at a school related activity, or on or |
17 | | within 1,000 feet of any
conveyance owned, leased, or |
18 | | contracted by a school or school district to
transport |
19 | | students to or from school or a school related activity,
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20 | | regardless of the time of day or time of year at which the |
21 | | offense
was committed, commits a Class 1 felony. Any person |
22 | | convicted of a second
or subsequent violation of unlawful |
23 | | sale or delivery of firearms in violation of paragraph
(a), |
24 | | (b), or (i) of subsection (A) in any school, on the real |
25 | | property
comprising a school, within 1,000 feet of the real |
26 | | property comprising a
school, at a school related activity, |
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1 | | or on or within 1,000 feet of any
conveyance owned, leased, |
2 | | or contracted by a school or school district to
transport |
3 | | students to or from school or a school related activity,
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4 | | regardless of the time of day or time of year at which the |
5 | | offense
was committed, commits a Class 1 felony for which |
6 | | the sentence shall be a
term of imprisonment of no less |
7 | | than 5 years and no more than 15 years.
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8 | | (5) Any person convicted of unlawful sale or delivery |
9 | | of firearms in violation of
paragraph (a) or (i) of |
10 | | subsection (A) in residential property owned,
operated, or |
11 | | managed by a public housing agency or leased by a public |
12 | | housing
agency as part of a scattered site or mixed-income |
13 | | development, in a public
park, in a
courthouse, on |
14 | | residential property owned, operated, or managed by a |
15 | | public
housing agency or leased by a public housing agency |
16 | | as part of a scattered site
or mixed-income development, on |
17 | | the real property comprising any public park,
on the real
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18 | | property comprising any courthouse, or on any public way |
19 | | within 1,000 feet
of the real property comprising any |
20 | | public park, courthouse, or residential
property owned, |
21 | | operated, or managed by a public housing agency or leased |
22 | | by a
public housing agency as part of a scattered site or |
23 | | mixed-income development
commits a
Class 2 felony.
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24 | | (6) Any person convicted of unlawful sale or delivery |
25 | | of firearms in violation of
paragraph (j) of subsection (A) |
26 | | commits a Class A misdemeanor. A second or
subsequent |
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1 | | violation is a Class 4 felony. |
2 | | (7) Any person convicted of unlawful sale or delivery |
3 | | of firearms in violation of paragraph (k) of subsection (A) |
4 | | commits a Class 4 felony. A third or subsequent conviction |
5 | | for a violation of paragraph (k) of subsection (A) is a |
6 | | Class 1 felony.
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7 | | (8) A person 18 years of age or older convicted of |
8 | | unlawful sale or delivery of firearms in violation of |
9 | | paragraph (a) or (i) of subsection (A), when the firearm |
10 | | that was sold or given to another person under 18 years of |
11 | | age was used in the commission of or attempt to commit a |
12 | | forcible felony, shall be fined or imprisoned, or both, not |
13 | | to exceed the maximum provided for the most serious |
14 | | forcible felony so committed or attempted by the person |
15 | | under 18 years of age who was sold or given the firearm. |
16 | | (9) Any person convicted of unlawful sale or delivery |
17 | | of firearms in violation of
paragraph (d) of subsection (A) |
18 | | commits a Class 3 felony. |
19 | | (10) Any person convicted of unlawful sale or delivery |
20 | | of firearms in violation of paragraph (l) of subsection (A) |
21 | | commits a Class 2 felony if the delivery is of one firearm. |
22 | | Any person convicted of unlawful sale or delivery of |
23 | | firearms in violation of paragraph (l) of subsection (A) |
24 | | commits a Class 1 felony if the delivery is of not less |
25 | | than 2 and not more than 5 firearms at the
same time or |
26 | | within a one year period. Any person convicted of unlawful |
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1 | | sale or delivery of firearms in violation of paragraph (l) |
2 | | of subsection (A) commits a Class X felony for which he or |
3 | | she shall be sentenced
to a term of imprisonment of not |
4 | | less than 6 years and not more than 30
years if the |
5 | | delivery is of not less than 6 and not more than 10 |
6 | | firearms at the
same time or within a 2 year period. Any |
7 | | person convicted of unlawful sale or delivery of firearms |
8 | | in violation of paragraph (l) of subsection (A) commits a |
9 | | Class X felony for which he or she shall be sentenced
to a |
10 | | term of imprisonment of not less than 6 years and not more |
11 | | than 40
years if the delivery is of not less than 11 and |
12 | | not more than 20 firearms at the
same time or within a 3 |
13 | | year period. Any person convicted of unlawful sale or |
14 | | delivery of firearms in violation of paragraph (l) of |
15 | | subsection (A) commits a Class X felony for which he or she |
16 | | shall be sentenced
to a term of imprisonment of not less |
17 | | than 6 years and not more than 50
years if the delivery is |
18 | | of not less than 21 and not more than 30 firearms at the
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19 | | same time or within a 4 year period. Any person convicted |
20 | | of unlawful sale or delivery of firearms in violation of |
21 | | paragraph (l) of subsection (A) commits a Class X felony |
22 | | for which he or she shall be sentenced
to a term of |
23 | | imprisonment of not less than 6 years and not more than 60
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24 | | years if the delivery is of 31 or more firearms at the
same |
25 | | time or within a 5 year period. |
26 | | (D) For purposes of this Section:
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1 | | "School" means a public or private elementary or secondary |
2 | | school,
community college, college, or university.
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3 | | "School related activity" means any sporting, social, |
4 | | academic, or
other activity for which students' attendance or |
5 | | participation is sponsored,
organized, or funded in whole or in |
6 | | part by a school or school district.
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7 | | (E) A prosecution for a violation of paragraph (k) of |
8 | | subsection (A) of this Section may be commenced within 6 years |
9 | | after the commission of the offense. A prosecution for a |
10 | | violation of this Section other than paragraph (g) of |
11 | | subsection (A) of this Section may be commenced within 5 years |
12 | | after the commission of the offense defined in the particular |
13 | | paragraph.
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14 | | (Source: P.A. 96-190, eff. 1-1-10; 97-227, eff. 1-1-12; 97-347, |
15 | | eff. 1-1-12; 97-813, eff. 7-13-12.)
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16 | | Section 99. Effective date. This Act takes effect upon |
17 | | becoming law.
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