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Full Text of SB2387  100th General Assembly

SB2387sam003 100TH GENERAL ASSEMBLY

Sen. Julie A. Morrison

Filed: 5/1/2018

 

 


 

 


 
10000SB2387sam003LRB100 17896 SLF 39534 a

1
AMENDMENT TO SENATE BILL 2387

2    AMENDMENT NO. ______. Amend Senate Bill 2387 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Firearm Owners Identification Card Act is
5amended by changing Section 9.5 and by adding Section 9.7 as
6follows:
 
7    (430 ILCS 65/9.5)
8    Sec. 9.5. Revocation of Firearm Owner's Identification
9Card.
10    (a) A person who receives a revocation notice under Section
119 of this Act shall, within 48 hours of receiving notice of the
12revocation:
13        (1) surrender his or her Firearm Owner's
14    Identification Card to the local law enforcement agency
15    where the person resides. The local law enforcement agency
16    shall provide the person a receipt and transmit the Firearm

 

 

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1    Owner's Identification Card to the Department of State
2    Police; and
3        (2) complete a Firearm Disposition Record on a form
4    prescribed by the Department of State Police and place his
5    or her firearms in the location or with the person reported
6    in the Firearm Disposition Record. The form shall require
7    the person to disclose:
8            (A) the make, model, and serial number of each
9        firearm owned by or under the custody and control of
10        the revoked person;
11            (B) the location where each firearm will be
12        maintained during the prohibited term; and
13            (C) if any firearm will be transferred to the
14        custody of another person, the name, address and
15        Firearm Owner's Identification Card number of the
16        transferee.
17    (b) The local law enforcement agency shall provide a copy
18of the Firearm Disposition Record to the person whose Firearm
19Owner's Identification Card has been revoked and to the
20Department of State Police. In addition, notice shall be given
21to the local State's Attorney where both the transferor and
22transferee live, via a copy of the Firearm Disposition Record.
23    (c) If the person whose Firearm Owner's Identification Card
24has been revoked fails to comply with the requirements of this
25Section, the sheriff or law enforcement agency where the person
26resides may petition the circuit court to issue a warrant to

 

 

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1search for and seize the Firearm Owner's Identification Card
2and firearms in the possession or under the custody or control
3of the person whose Firearm Owner's Identification Card has
4been revoked.
5    (d) A violation of subsection (a) of this Section is a
6Class A misdemeanor.
7    (e) The observation of a Firearm Owner's Identification
8Card in the possession of a person whose Firearm Owner's
9Identification Card has been revoked constitutes a sufficient
10basis for the arrest of that person for violation of this
11Section.
12    (f) Within 30 days after the effective date of this
13amendatory Act of the 98th General Assembly, the Department of
14State Police shall provide written notice of the requirements
15of this Section to persons whose Firearm Owner's Identification
16Cards have been revoked, suspended, or expired and who have
17failed to surrender their cards to the Department.
18    (g) A person whose Firearm Owner's Identification Card has
19been revoked and who received notice under subsection (f) shall
20comply with the requirements of this Section within 48 hours of
21receiving notice.
22(Source: P.A. 98-63, eff. 7-9-13.)
 
23    (430 ILCS 65/9.7 new)
24    Sec. 9.7. Firearm disposition.
25    (a) The recipient of any firearm transferred by way of a

 

 

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1Firearm Disposition Record form shall file with the Department
2of State Police, a sworn affidavit, attesting that the person:
3        (1) is aware of, and will abide by the current law
4    regarding the unlawful transfer of a firearm;
5         (2) is aware of the penalties for violating the law as
6    it pertains to unlawful transfer of a firearm;
7        (3) intends to retain possession of the firearm until
8    it is determined that the transferor is capable of
9    possessing the firearm, or until a new person is chosen to
10    hold the firearm; and
11        (4) inform the Department and the State's Attorney in
12    the county in which he or she resides of any address or
13    name change that occurs while the person possesses the
14    firearm; however, the person shall be relieved of these
15    duties once he or she has legally destroyed the firearm or
16    lawfully transferred the firearm. Proof of legal
17    destruction or lawful transfer shall be filed with the
18    Department of State Police and notice given to the State's
19    Attorney in the county in which he or she resides by
20    written proof of the destruction or transfer of the
21    firearm.
22    (b) The person shall provide notice to the State's Attorney
23in the county in which he or she resides via copy of the sworn
24affidavit, to demonstrate that the affidavit has been filed
25with the Department.
 

 

 

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1    Section 10. The Criminal Code of 2012 is amended by
2changing Section 24-3 as follows:
 
3    (720 ILCS 5/24-3)  (from Ch. 38, par. 24-3)
4    Sec. 24-3. Unlawful sale or delivery of firearms.
5    (A) A person commits the offense of unlawful sale or
6delivery of firearms when he or she knowingly does any of the
7following:
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.

 

 

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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 a
8    person with an intellectual disability.
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 from
26    a federally licensed firearms dealer to a nonresident of

 

 

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1    Illinois under which the firearm is mailed to a federally
2    licensed firearms dealer outside the boundaries of
3    Illinois; (3) the sale of a firearm to a nonresident of
4    Illinois while at a firearm showing or display recognized
5    by the Illinois Department of State Police; (4) the sale of
6    a firearm to a dealer licensed as a federal firearms dealer
7    under Section 923 of the federal Gun Control Act of 1968
8    (18 U.S.C. 923); or (5) the transfer or sale of any rifle,
9    shotgun, or other long gun to a resident registered
10    competitor or attendee or non-resident registered
11    competitor or attendee by any dealer licensed as a federal
12    firearms dealer under Section 923 of the federal Gun
13    Control Act of 1968 at competitive shooting events held at
14    the World Shooting Complex sanctioned by a national
15    governing body. For purposes of transfers or sales under
16    subparagraph (5) of this paragraph (g), the Department of
17    Natural Resources shall give notice to the Department of
18    State Police at least 30 calendar days prior to any
19    competitive shooting events at the World Shooting Complex
20    sanctioned by a national governing body. The notification
21    shall be made on a form prescribed by the Department of
22    State Police. The sanctioning body shall provide a list of
23    all registered competitors and attendees at least 24 hours
24    before the events to the Department of State Police. Any
25    changes to the list of registered competitors and attendees
26    shall be forwarded to the Department of State Police as

 

 

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1    soon as practicable. The Department of State Police must
2    destroy the list of registered competitors and attendees no
3    later than 30 days after the date of the event. Nothing in
4    this paragraph (g) relieves a federally licensed firearm
5    dealer from the requirements of conducting a NICS
6    background check through the Illinois Point of Contact
7    under 18 U.S.C. 922(t). For purposes of this paragraph (g),
8    "application" means when the buyer and seller reach an
9    agreement to purchase a firearm. For purposes of this
10    paragraph (g), "national governing body" means a group of
11    persons who adopt rules and formulate policy on behalf of a
12    national firearm sporting organization.
13        (h) While holding any license as a dealer, importer,
14    manufacturer or pawnbroker under the federal Gun Control
15    Act of 1968, manufactures, sells or delivers to any
16    unlicensed person a handgun having a barrel, slide, frame
17    or receiver which is a die casting of zinc alloy or any
18    other nonhomogeneous metal which will melt or deform at a
19    temperature of less than 800 degrees Fahrenheit. For
20    purposes of this paragraph, (1) "firearm" is defined as in
21    the Firearm Owners Identification Card Act; and (2)
22    "handgun" is defined as a firearm designed to be held and
23    fired by the use of a single hand, and includes a
24    combination of parts from which such a firearm can be
25    assembled.
26        (i) Sells or gives a firearm of any size to any person

 

 

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1    under 18 years of age who does not possess a valid Firearm
2    Owner's Identification Card.
3        (j) Sells or gives a firearm while engaged in the
4    business of selling firearms at wholesale or retail without
5    being licensed as a federal firearms dealer under Section
6    923 of the federal Gun Control Act of 1968 (18 U.S.C. 923).
7    In this paragraph (j):
8        A person "engaged in the business" means a person who
9    devotes time, attention, and labor to engaging in the
10    activity as a regular course of trade or business with the
11    principal objective of livelihood and profit, but does not
12    include a person who makes occasional repairs of firearms
13    or who occasionally fits special barrels, stocks, or
14    trigger mechanisms to firearms.
15        "With the principal objective of livelihood and
16    profit" means that the intent underlying the sale or
17    disposition of firearms is predominantly one of obtaining
18    livelihood and pecuniary gain, as opposed to other intents,
19    such as improving or liquidating a personal firearms
20    collection; however, proof of profit shall not be required
21    as to a person who engages in the regular and repetitive
22    purchase and disposition of firearms for criminal purposes
23    or terrorism.
24        (k) Sells or transfers ownership of a firearm to a
25    person who does not display to the seller or transferor of
26    the firearm either: (1) a currently valid Firearm Owner's

 

 

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1    Identification Card that has previously been issued in the
2    transferee's name by the Department of State Police under
3    the provisions of the Firearm Owners Identification Card
4    Act; or (2) a currently valid license to carry a concealed
5    firearm that has previously been issued in the transferee's
6    name by the Department of State Police under the Firearm
7    Concealed Carry Act. This paragraph (k) does not apply to
8    the transfer of a firearm to a person who is exempt from
9    the requirement of possessing a Firearm Owner's
10    Identification Card under Section 2 of the Firearm Owners
11    Identification Card Act. For the purposes of this Section,
12    a currently valid Firearm Owner's Identification Card
13    means (i) a Firearm Owner's Identification Card that has
14    not expired or (ii) an approval number issued in accordance
15    with subsection (a-10) of subsection 3 or Section 3.1 of
16    the Firearm Owners Identification Card Act shall be proof
17    that the Firearm Owner's Identification Card was valid.
18            (1) In addition to the other requirements of this
19        paragraph (k), all persons who are not federally
20        licensed firearms dealers must also have complied with
21        subsection (a-10) of Section 3 of the Firearm Owners
22        Identification Card Act by determining the validity of
23        a purchaser's Firearm Owner's Identification Card.
24            (2) All sellers or transferors who have complied
25        with the requirements of subparagraph (1) of this
26        paragraph (k) shall not be liable for damages in any

 

 

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1        civil action arising from the use or misuse by the
2        transferee of the firearm transferred, except for
3        willful or wanton misconduct on the part of the seller
4        or transferor.
5        (l) Not being entitled to the possession of a firearm,
6    delivers the firearm, knowing it to have been stolen or
7    converted. It may be inferred that a person who possesses a
8    firearm with knowledge that its serial number has been
9    removed or altered has knowledge that the firearm is stolen
10    or converted.
11    (B) Paragraph (h) of subsection (A) does not include
12firearms sold within 6 months after enactment of Public Act
1378-355 (approved August 21, 1973, effective October 1, 1973),
14nor is any firearm legally owned or possessed by any citizen or
15purchased by any citizen within 6 months after the enactment of
16Public Act 78-355 subject to confiscation or seizure under the
17provisions of that Public Act. Nothing in Public Act 78-355
18shall be construed to prohibit the gift or trade of any firearm
19if that firearm was legally held or acquired within 6 months
20after the enactment of that Public Act.
21    (C) Sentence.
22        (1) Any person convicted of unlawful sale or delivery
23    of firearms in violation of paragraph (c), (e), (f), (g),
24    or (h) of subsection (A) commits a Class 4 felony.
25        (2) Any person convicted of unlawful sale or delivery
26    of firearms in violation of paragraph (b) or (i) of

 

 

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1    subsection (A) commits a Class 3 felony.
2        (3) Any person convicted of unlawful sale or delivery
3    of firearms in violation of paragraph (a) of subsection (A)
4    commits a Class 2 felony.
5        (4) Any person convicted of unlawful sale or delivery
6    of firearms in violation of paragraph (a), (b), or (i) of
7    subsection (A) in any school, on the real property
8    comprising a school, within 1,000 feet of the real property
9    comprising a school, at a school related activity, or on or
10    within 1,000 feet of any conveyance owned, leased, or
11    contracted by a school or school district to transport
12    students to or from school or a school related activity,
13    regardless of the time of day or time of year at which the
14    offense was committed, commits a Class 1 felony. Any person
15    convicted of a second or subsequent violation of unlawful
16    sale or delivery of firearms in violation of paragraph (a),
17    (b), or (i) of subsection (A) in any school, on the real
18    property comprising a school, within 1,000 feet of the real
19    property comprising a school, at a school related activity,
20    or on or within 1,000 feet of any conveyance owned, leased,
21    or contracted by a school or school district to transport
22    students to or from school or a school related activity,
23    regardless of the time of day or time of year at which the
24    offense was committed, commits a Class 1 felony for which
25    the sentence shall be a term of imprisonment of no less
26    than 5 years and no more than 15 years.

 

 

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1        (5) Any person convicted of unlawful sale or delivery
2    of firearms in violation of paragraph (a) or (i) of
3    subsection (A) in residential property owned, operated, or
4    managed by a public housing agency or leased by a public
5    housing agency as part of a scattered site or mixed-income
6    development, in a public park, in a courthouse, on
7    residential property owned, operated, or managed by a
8    public housing agency or leased by a public housing agency
9    as part of a scattered site or mixed-income development, on
10    the real property comprising any public park, on the real
11    property comprising any courthouse, or on any public way
12    within 1,000 feet of the real property comprising any
13    public park, courthouse, or residential property owned,
14    operated, or managed by a public housing agency or leased
15    by a public housing agency as part of a scattered site or
16    mixed-income development commits a Class 2 felony.
17        (6) Any person convicted of unlawful sale or delivery
18    of firearms in violation of paragraph (j) of subsection (A)
19    commits a Class A misdemeanor. A second or subsequent
20    violation is a Class 4 felony.
21        (7) Any person convicted of unlawful sale or delivery
22    of firearms in violation of paragraph (k) of subsection (A)
23    commits a Class 4 felony, except that a violation of
24    subparagraph (1) of paragraph (k) of subsection (A) shall
25    not be punishable as a crime or petty offense. A third or
26    subsequent conviction for a violation of paragraph (k) of

 

 

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1    subsection (A) is a Class 1 felony.
2        (8) A person 18 years of age or older convicted of
3    unlawful sale or delivery of firearms in violation of
4    paragraph (a) or (i) of subsection (A), when the firearm
5    that was sold or given to another person under 18 years of
6    age was used in the commission of or attempt to commit a
7    forcible felony, shall be fined or imprisoned, or both, not
8    to exceed the maximum provided for the most serious
9    forcible felony so committed or attempted by the person
10    under 18 years of age who was sold or given the firearm.
11        (9) Any person convicted of unlawful sale or delivery
12    of firearms in violation of paragraph (d) of subsection (A)
13    commits a Class 3 felony.
14        (10) Any person convicted of unlawful sale or delivery
15    of firearms in violation of paragraph (l) of subsection (A)
16    commits a Class 2 felony if the delivery is of one firearm.
17    Any person convicted of unlawful sale or delivery of
18    firearms in violation of paragraph (l) of subsection (A)
19    commits a Class 1 felony if the delivery is of not less
20    than 2 and not more than 5 firearms at the same time or
21    within a one year period. Any person convicted of unlawful
22    sale or delivery of firearms in violation of paragraph (l)
23    of subsection (A) commits a Class X felony for which he or
24    she shall be sentenced to a term of imprisonment of not
25    less than 6 years and not more than 30 years if the
26    delivery is of not less than 6 and not more than 10

 

 

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1    firearms at the same time or within a 2 year period. Any
2    person convicted of unlawful sale or delivery of firearms
3    in violation of paragraph (l) of subsection (A) commits a
4    Class X felony for which he or she shall be sentenced to a
5    term of imprisonment of not less than 6 years and not more
6    than 40 years if the delivery is of not less than 11 and
7    not more than 20 firearms at the same time or within a 3
8    year period. Any person convicted of unlawful sale or
9    delivery of firearms in violation of paragraph (l) of
10    subsection (A) commits a Class X felony for which he or she
11    shall be sentenced to a term of imprisonment of not less
12    than 6 years and not more than 50 years if the delivery is
13    of not less than 21 and not more than 30 firearms at the
14    same time or within a 4 year period. Any person convicted
15    of unlawful sale or delivery of firearms in violation of
16    paragraph (l) of subsection (A) commits a Class X felony
17    for which he or she shall be sentenced to a term of
18    imprisonment of not less than 6 years and not more than 60
19    years if the delivery is of 31 or more firearms at the same
20    time or within a 5 year period.
21    (D) For purposes of this Section:
22    "School" means a public or private elementary or secondary
23school, community college, college, or university.
24    "School related activity" means any sporting, social,
25academic, or other activity for which students' attendance or
26participation is sponsored, organized, or funded in whole or in

 

 

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1part by a school or school district.
2    (E) A prosecution for a violation of paragraph (k) of
3subsection (A) of this Section may be commenced within 6 years
4after the commission of the offense. A prosecution for a
5violation of this Section other than paragraph (g) of
6subsection (A) of this Section may be commenced within 5 years
7after the commission of the offense defined in the particular
8paragraph.
9(Source: P.A. 98-508, eff. 8-19-13; 99-29, eff. 7-10-15;
1099-143, eff. 7-27-15; 99-642, eff. 7-28-16.)".