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| Public Act 100-0606 | ||||
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Criminal Code of 2012 is amended by changing | ||||
Section 24-3 as follows:
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(720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
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Sec. 24-3. Unlawful sale or delivery of firearms.
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(A) A person commits the offense of unlawful sale or | ||||
delivery of firearms when he
or she knowingly does any of the | ||||
following:
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(a) Sells or gives any firearm of a size which may be | ||||
concealed upon the
person to any person under 18 years of | ||||
age.
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(b) Sells or gives any firearm to a person under 21 | ||||
years of age who has
been convicted of a misdemeanor other | ||||
than a traffic offense or adjudged
delinquent.
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(c) Sells or gives any firearm to any narcotic addict.
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(d) Sells or gives any firearm to any person who has | ||||
been convicted of a
felony under the laws of this or any | ||||
other jurisdiction.
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(e) Sells or gives any firearm to any person who has | ||||
been a patient in a
mental institution within the past 5 | ||||
years. In this subsection (e): | ||||
"Mental institution" means any hospital, | ||
institution, clinic, evaluation facility, mental | ||
health center, or part thereof, which is used primarily | ||
for the care or treatment of persons with mental | ||
illness. | ||
"Patient in a mental institution" means the person | ||
was admitted, either voluntarily or involuntarily, to | ||
a mental institution for mental health treatment, | ||
unless the treatment was voluntary and solely for an | ||
alcohol abuse disorder and no other secondary | ||
substance abuse disorder or mental illness.
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(f) Sells or gives any firearms to any person who is a | ||
person with an intellectual disability.
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(g) Delivers any firearm of a size which may be | ||
concealed upon the
person, incidental to a sale, without | ||
withholding delivery of the such firearm
for at least 72 | ||
hours after application for its purchase has been made, or
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delivers any rifle, shotgun or other long gun, or a stun | ||
gun or taser, incidental to a sale,
without withholding | ||
delivery of the such rifle, shotgun or other long gun, or a | ||
stun gun or taser for
at least 24 hours after application | ||
for its purchase has been made.
However,
this paragraph (g) | ||
does not apply to: (1) the sale of a firearm
to a law | ||
enforcement officer if the seller of the firearm knows that | ||
the person to whom he or she is selling the firearm is a | ||
law enforcement officer or the sale of a firearm to a | ||
person who desires to purchase a firearm for
use in | ||
promoting the public interest incident to his or her | ||
employment as a
bank guard, armed truck guard, or other | ||
similar employment; (2) a mail
order sale of a firearm from | ||
a federally licensed firearms dealer to a nonresident of | ||
Illinois under which the firearm
is mailed to a federally | ||
licensed firearms dealer outside the boundaries of | ||
Illinois; (3) (blank); the sale
of a firearm to a | ||
nonresident of Illinois while at a firearm showing or | ||
display
recognized by the Illinois Department of State | ||
Police; (4) the sale of a
firearm to a dealer licensed as a | ||
federal firearms dealer under Section 923
of the federal | ||
Gun Control Act of 1968 (18 U.S.C. 923); or (5) the | ||
transfer or sale of any rifle, shotgun, or other long gun | ||
to a resident registered competitor or attendee or | ||
non-resident registered competitor or attendee by any | ||
dealer licensed as a federal firearms dealer under Section | ||
923 of the federal Gun Control Act of 1968 at competitive | ||
shooting events held at the World Shooting Complex | ||
sanctioned by a national governing body. For purposes of | ||
transfers or sales under subparagraph (5) of this paragraph | ||
(g), the Department of Natural Resources shall give notice | ||
to the Department of State Police at least 30 calendar days | ||
prior to any competitive shooting events at the World | ||
Shooting Complex sanctioned by a national governing body. | ||
The notification shall be made on a form prescribed by the | ||
Department of State Police. The sanctioning body shall | ||
provide a list of all registered competitors and attendees | ||
at least 24 hours before the events to the Department of | ||
State Police. Any changes to the list of registered | ||
competitors and attendees shall be forwarded to the | ||
Department of State Police as soon as practicable. The | ||
Department of State Police must destroy the list of | ||
registered competitors and attendees no later than 30 days | ||
after the date of the event. Nothing in this paragraph (g) | ||
relieves a federally licensed firearm dealer from the | ||
requirements of conducting a NICS background check through | ||
the Illinois Point of Contact under 18 U.S.C. 922(t). For | ||
purposes of this paragraph (g), "application" means when | ||
the buyer and seller reach an agreement to purchase a | ||
firearm.
For purposes of this paragraph (g), "national | ||
governing body" means a group of persons who adopt rules | ||
and formulate policy on behalf of a national firearm | ||
sporting organization.
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(h) While holding any license
as a dealer,
importer, | ||
manufacturer or pawnbroker
under the federal Gun Control | ||
Act of 1968,
manufactures, sells or delivers to any | ||
unlicensed person a handgun having
a barrel, slide, frame | ||
or receiver which is a die casting of zinc alloy or
any | ||
other nonhomogeneous metal which will melt or deform at a | ||
temperature
of less than 800 degrees Fahrenheit. For | ||
purposes of this paragraph, (1)
"firearm" is defined as in | ||
the Firearm Owners Identification Card Act; and (2)
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"handgun" is defined as a firearm designed to be held
and | ||
fired by the use of a single hand, and includes a | ||
combination of parts from
which such a firearm can be | ||
assembled.
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(i) Sells or gives a firearm of any size to any person | ||
under 18 years of
age who does not possess a valid Firearm | ||
Owner's Identification Card.
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(j) Sells or gives a firearm while engaged in the | ||
business of selling
firearms at wholesale or retail without | ||
being licensed as a federal firearms
dealer under Section | ||
923 of the federal Gun Control Act of 1968 (18 U.S.C.
923). | ||
In this paragraph (j):
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A person "engaged in the business" means a person who | ||
devotes time,
attention, and
labor to
engaging in the | ||
activity as a regular course of trade or business with the
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principal objective of livelihood and profit, but does not | ||
include a person who
makes occasional repairs of firearms | ||
or who occasionally fits special barrels,
stocks, or | ||
trigger mechanisms to firearms.
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"With the principal objective of livelihood and | ||
profit" means that the
intent
underlying the sale or | ||
disposition of firearms is predominantly one of
obtaining | ||
livelihood and pecuniary gain, as opposed to other intents, | ||
such as
improving or liquidating a personal firearms | ||
collection; however, proof of
profit shall not be required | ||
as to a person who engages in the regular and
repetitive | ||
purchase and disposition of firearms for criminal purposes | ||
or
terrorism.
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(k) Sells or transfers ownership of a firearm to a | ||
person who does not display to the seller or transferor of | ||
the firearm either: (1) a currently valid Firearm Owner's | ||
Identification Card that has previously been issued in the | ||
transferee's name by the Department of State Police under | ||
the provisions of the Firearm Owners Identification Card | ||
Act; or (2) a currently valid license to carry a concealed | ||
firearm that has previously been issued in the transferee's | ||
name by the
Department of State Police under the Firearm | ||
Concealed Carry Act. This paragraph (k) does not apply to | ||
the transfer of a firearm to a person who is exempt from | ||
the requirement of possessing a Firearm Owner's | ||
Identification Card under Section 2 of the Firearm Owners | ||
Identification Card Act. For the purposes of this Section, | ||
a currently valid Firearm Owner's Identification Card | ||
means (i) a Firearm Owner's Identification Card that has | ||
not expired or (ii) an approval number issued in accordance | ||
with subsection (a-10) of subsection 3 or Section 3.1 of | ||
the Firearm Owners Identification Card Act shall be proof | ||
that the Firearm Owner's Identification Card was valid. | ||
(1) In addition to the other requirements of this | ||
paragraph (k), all persons who are not federally | ||
licensed firearms dealers must also have complied with | ||
subsection (a-10) of Section 3 of the Firearm Owners | ||
Identification Card Act by determining the validity of | ||
a purchaser's Firearm Owner's Identification Card. | ||
(2) All sellers or transferors who have complied | ||
with the requirements of subparagraph (1) of this | ||
paragraph (k) shall not be liable for damages in any | ||
civil action arising from the use or misuse by the | ||
transferee of the firearm transferred, except for | ||
willful or wanton misconduct on the part of the seller | ||
or transferor. | ||
(l) Not
being entitled to the possession of a firearm, | ||
delivers the
firearm, knowing it to have been stolen or | ||
converted. It may be inferred that
a person who possesses a | ||
firearm with knowledge that its serial number has
been | ||
removed or altered has knowledge that the firearm is stolen | ||
or converted. | ||
(B) Paragraph (h) of subsection (A) does not include | ||
firearms sold within 6
months after enactment of Public
Act | ||
78-355 (approved August 21, 1973, effective October 1, 1973), | ||
nor is any
firearm legally owned or
possessed by any citizen or | ||
purchased by any citizen within 6 months after the
enactment of | ||
Public Act 78-355 subject
to confiscation or seizure under the | ||
provisions of that Public Act. Nothing in
Public Act 78-355 | ||
shall be construed to prohibit the gift or trade of
any firearm | ||
if that firearm was legally held or acquired within 6 months | ||
after
the enactment of that Public Act.
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(C) Sentence.
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(1) Any person convicted of unlawful sale or delivery | ||
of firearms in violation of
paragraph (c), (e), (f), (g), | ||
or (h) of subsection (A) commits a Class
4
felony.
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(2) Any person convicted of unlawful sale or delivery | ||
of firearms in violation of
paragraph (b) or (i) of | ||
subsection (A) commits a Class 3 felony.
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(3) Any person convicted of unlawful sale or delivery | ||
of firearms in violation of
paragraph (a) of subsection (A) | ||
commits a Class 2 felony.
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(4) Any person convicted of unlawful sale or delivery | ||
of firearms in violation of
paragraph (a), (b), or (i) of | ||
subsection (A) in any school, on the real
property | ||
comprising a school, within 1,000 feet of the real property | ||
comprising
a school, at a school related activity, or on or | ||
within 1,000 feet of any
conveyance owned, leased, or | ||
contracted by a school or school district to
transport | ||
students to or from school or a school related activity,
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regardless of the time of day or time of year at which the | ||
offense
was committed, commits a Class 1 felony. Any person | ||
convicted of a second
or subsequent violation of unlawful | ||
sale or delivery of firearms in violation of paragraph
(a), | ||
(b), or (i) of subsection (A) in any school, on the real | ||
property
comprising a school, within 1,000 feet of the real | ||
property comprising a
school, at a school related activity, | ||
or on or within 1,000 feet of any
conveyance owned, leased, | ||
or contracted by a school or school district to
transport | ||
students to or from school or a school related activity,
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regardless of the time of day or time of year at which the | ||
offense
was committed, commits a Class 1 felony for which | ||
the sentence shall be a
term of imprisonment of no less | ||
than 5 years and no more than 15 years.
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(5) Any person convicted of unlawful sale or delivery | ||
of firearms in violation of
paragraph (a) or (i) of | ||
subsection (A) in residential property owned,
operated, or | ||
managed by a public housing agency or leased by a public | ||
housing
agency as part of a scattered site or mixed-income | ||
development, in a public
park, in a
courthouse, on | ||
residential property owned, operated, or managed by a | ||
public
housing agency or leased by a public housing agency | ||
as part of a scattered site
or mixed-income development, on | ||
the real property comprising any public park,
on the real
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property comprising any courthouse, or on any public way | ||
within 1,000 feet
of the real property comprising any | ||
public park, courthouse, or residential
property owned, | ||
operated, or managed by a public housing agency or leased | ||
by a
public housing agency as part of a scattered site or | ||
mixed-income development
commits a
Class 2 felony.
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(6) Any person convicted of unlawful sale or delivery | ||
of firearms in violation of
paragraph (j) of subsection (A) | ||
commits a Class A misdemeanor. A second or
subsequent | ||
violation is a Class 4 felony. | ||
(7) Any person convicted of unlawful sale or delivery | ||
of firearms in violation of paragraph (k) of subsection (A) | ||
commits a Class 4 felony, except that a violation of | ||
subparagraph (1) of paragraph (k) of subsection (A) shall | ||
not be punishable as a crime or petty offense. A third or | ||
subsequent conviction for a violation of paragraph (k) of | ||
subsection (A) is a Class 1 felony.
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(8) A person 18 years of age or older convicted of | ||
unlawful sale or delivery of firearms in violation of | ||
paragraph (a) or (i) of subsection (A), when the firearm | ||
that was sold or given to another person under 18 years of | ||
age was used in the commission of or attempt to commit a | ||
forcible felony, shall be fined or imprisoned, or both, not | ||
to exceed the maximum provided for the most serious | ||
forcible felony so committed or attempted by the person | ||
under 18 years of age who was sold or given the firearm. | ||
(9) Any person convicted of unlawful sale or delivery | ||
of firearms in violation of
paragraph (d) of subsection (A) | ||
commits a Class 3 felony. | ||
(10) Any person convicted of unlawful sale or delivery | ||
of firearms in violation of paragraph (l) of subsection (A) | ||
commits a Class 2 felony if the delivery is of one firearm. | ||
Any person convicted of unlawful sale or delivery of | ||
firearms in violation of paragraph (l) of subsection (A) | ||
commits a Class 1 felony if the delivery is of not less | ||
than 2 and not more than 5 firearms at the
same time or | ||
within a one year period. Any person convicted of unlawful | ||
sale or delivery of firearms in violation of paragraph (l) | ||
of subsection (A) commits a Class X felony for which he or | ||
she shall be sentenced
to a term of imprisonment of not | ||
less than 6 years and not more than 30
years if the | ||
delivery is of not less than 6 and not more than 10 | ||
firearms at the
same time or within a 2 year period. Any | ||
person convicted of unlawful sale or delivery of firearms | ||
in violation of paragraph (l) of subsection (A) commits a | ||
Class X felony for which he or she shall be sentenced
to a | ||
term of imprisonment of not less than 6 years and not more | ||
than 40
years if the delivery is of not less than 11 and | ||
not more than 20 firearms at the
same time or within a 3 | ||
year period. Any person convicted of unlawful sale or | ||
delivery of firearms in violation of paragraph (l) of | ||
subsection (A) commits a Class X felony for which he or she | ||
shall be sentenced
to a term of imprisonment of not less | ||
than 6 years and not more than 50
years if the delivery is | ||
of not less than 21 and not more than 30 firearms at the
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same time or within a 4 year period. Any person convicted | ||
of unlawful sale or delivery of firearms in violation of | ||
paragraph (l) of subsection (A) commits a Class X felony | ||
for which he or she shall be sentenced
to a term of | ||
imprisonment of not less than 6 years and not more than 60
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years if the delivery is of 31 or more firearms at the
same | ||
time or within a 5 year period. | ||
(D) For purposes of this Section:
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"School" means a public or private elementary or secondary | ||
school,
community college, college, or university.
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"School related activity" means any sporting, social, | ||
academic, or
other activity for which students' attendance or | ||
participation is sponsored,
organized, or funded in whole or in | ||
part by a school or school district.
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(E) A prosecution for a violation of paragraph (k) of | ||
subsection (A) of this Section may be commenced within 6 years | ||
after the commission of the offense. A prosecution for a | ||
violation of this Section other than paragraph (g) of | ||
subsection (A) of this Section may be commenced within 5 years | ||
after the commission of the offense defined in the particular | ||
paragraph.
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(Source: P.A. 98-508, eff. 8-19-13; 99-29, eff. 7-10-15; | ||
99-143, eff. 7-27-15; 99-642, eff. 7-28-16.)
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