Public Act 098-0508
 
HB1189 EnrolledLRB098 02638 RLC 32643 b

    AN ACT concerning criminal law, which may be referred to as
the Gun Safety and Responsibility Act.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Firearm Owners Identification Card Act is
amended by changing Sections 3, 3.3, and 8 as follows:
 
    (430 ILCS 65/3)  (from Ch. 38, par. 83-3)
    Sec. 3. (a) Except as provided in Section 3a, no person may
knowingly transfer, or cause to be transferred, any firearm,
firearm ammunition, stun gun, or taser to any person within
this State unless the transferee with whom he deals displays a
currently valid Firearm Owner's Identification Card which has
previously been issued in his name by the Department of State
Police under the provisions of this Act. In addition, all
firearm, stun gun, and taser transfers by federally licensed
firearm dealers are subject to Section 3.1.
    (a-5) Any person who is not a federally licensed firearm
dealer and who desires to transfer or sell a firearm while that
person is on the grounds of a gun show must, before selling or
transferring the firearm, request the Department of State
Police to conduct a background check on the prospective
recipient of the firearm in accordance with Section 3.1.
    (a-10) Any person who is not a federally licensed firearm
dealer and who desires to transfer or sell a firearm or
firearms to any person who is not a federally licensed firearm
dealer shall, before selling or transferring the firearms,
contact the Department of State Police with the transferee's or
purchaser's Firearm Owner's Identification Card number to
determine the validity of the transferee's or purchaser's
Firearm Owner's Identification Card. This subsection shall not
be effective until January 1, 2014. The Department of State
Police may adopt rules concerning the implementation of this
subsection. The Department of State Police shall provide the
seller or transferor an approval number if the purchaser's
Firearm Owner's Identification Card is valid. Approvals issued
by the Department for the purchase of a firearm pursuant to
this subsection are valid for 30 days from the date of issue.
    (a-15) The provisions of subsection (a-10) of this Section
do not apply to:
        (1) transfers that occur at the place of business of a
    federally licensed firearm dealer, if the federally
    licensed firearm dealer conducts a background check on the
    prospective recipient of the firearm in accordance with
    Section 3.1 of this Act and follows all other applicable
    federal, State, and local laws as if he or she were the
    seller or transferor of the firearm, although the dealer is
    not required to accept the firearm into his or her
    inventory. The purchaser or transferee may be required by
    the federally licensed firearm dealer to pay a fee not to
    exceed $10 per firearm, which the dealer may retain as
    compensation for performing the functions required under
    this paragraph, plus the applicable fees authorized by
    Section 3.1;
        (2) transfers as a bona fide gift to the transferor's
    husband, wife, son, daughter, stepson, stepdaughter,
    father, mother, stepfather, stepmother, brother, sister,
    nephew, niece, uncle, aunt, grandfather, grandmother,
    grandson, granddaughter, father-in-law, mother-in-law,
    son-in-law, or daughter-in-law;
        (3) transfers by persons acting pursuant to operation
    of law or a court order;
        (4) transfers on the grounds of a gun show under
    subsection (a-5) of this Section;
        (5) the delivery of a firearm by its owner to a
    gunsmith for service or repair, the return of the firearm
    to its owner by the gunsmith, or the delivery of a firearm
    by a gunsmith to a federally licensed firearms dealer for
    service or repair and the return of the firearm to the
    gunsmith;
        (6) temporary transfers that occur while in the home of
    the unlicensed transferee, if the unlicensed transferee is
    not otherwise prohibited from possessing firearms and the
    unlicensed transferee reasonably believes that possession
    of the firearm is necessary to prevent imminent death or
    great bodily harm to the unlicensed transferee;
        (7) transfers to a law enforcement or corrections
    agency or a law enforcement or corrections officer acting
    within the course and scope of his or her official duties;
        (8) transfers of firearms that have been rendered
    permanently inoperable to a nonprofit historical society,
    museum, or institutional collection; and
        (9) transfers to a person who is exempt from the
    requirement of possessing a Firearm Owner's Identification
    Card under Section 2 of this Act.
    (a-20) The Department of State Police shall develop an
Internet-based system for individuals to determine the
validity of a Firearm Owner's Identification Card prior to the
sale or transfer of a firearm. The Department shall have the
Internet-based system completed and available for use by July
1, 2015. The Department shall adopt rules not inconsistent with
this Section to implement this system.
    (b) Any person within this State who transfers or causes to
be transferred any firearm, stun gun, or taser shall keep a
record of such transfer for a period of 10 years from the date
of transfer. Such record shall contain the date of the
transfer; the description, serial number or other information
identifying the firearm, stun gun, or taser if no serial number
is available; and, if the transfer was completed within this
State, the transferee's Firearm Owner's Identification Card
number and any approval number or documentation provided by the
Department of State Police pursuant to subsection (a-10) of
this Section. On or after January 1, 2006, the record shall
contain the date of application for transfer of the firearm. On
demand of a peace officer such transferor shall produce for
inspection such record of transfer. If the transfer or sale
took place at a gun show, the record shall include the unique
identification number. Failure to record the unique
identification number or approval number is a petty offense.
    (b-5) Any resident may purchase ammunition from a person
within or outside of Illinois if shipment is by United States
mail or by a private express carrier authorized by federal law
to ship ammunition. Any resident purchasing ammunition within
or outside the State of Illinois must provide the seller with a
copy of his or her valid Firearm Owner's Identification Card
and either his or her Illinois driver's license or Illinois
State Identification Card prior to the shipment of the
ammunition. The ammunition may be shipped only to an address on
either of those 2 documents.
    (c) The provisions of this Section regarding the transfer
of firearm ammunition shall not apply to those persons
specified in paragraph (b) of Section 2 of this Act.
(Source: P.A. 97-1135, eff. 12-4-12.)
 
    (430 ILCS 65/3.3)
    Sec. 3.3. Report to the local law enforcement agency. The
Department of State Police must report the name and address of
a person to the local law enforcement agency where the person
resides if the person attempting to purchase a firearm is
disqualified from purchasing a firearm because of information
obtained under subsection (a-10) of Section 3 or Section 3.1
that would disqualify the person from obtaining a Firearm
Owner's Identification Card under any of subsections (c)
through (n) of Section 8 of this Act.
(Source: P.A. 94-125, eff. 1-1-06.)
 
    (430 ILCS 65/8)  (from Ch. 38, par. 83-8)
    (Text of Section before amendment by P.A. 97-1167)
    Sec. 8. Grounds for denial and revocation.
    The Department of State Police has authority to deny an
application for or to revoke and seize a Firearm Owner's
Identification Card previously issued under this Act only if
the Department finds that the applicant or the person to whom
such card was issued is or was at the time of issuance:
        (a) A person under 21 years of age who has been
    convicted of a misdemeanor other than a traffic offense or
    adjudged delinquent;
        (b) A person under 21 years of age who does not have
    the written consent of his parent or guardian to acquire
    and possess firearms and firearm ammunition, or whose
    parent or guardian has revoked such written consent, or
    where such parent or guardian does not qualify to have a
    Firearm Owner's Identification Card;
        (c) A person convicted of a felony under the laws of
    this or any other jurisdiction;
        (d) A person addicted to narcotics;
        (e) A person who has been a patient of a mental
    institution within the past 5 years. An active law
    enforcement officer employed by a unit of government who is
    denied, revoked, or has his or her Firearm Owner's
    Identification Card seized under this subsection (e) may
    obtain relief as described in subsection (c-5) of Section
    10 of this Act if the officer did not act in a manner
    threatening to the officer, another person, or the public
    as determined by the treating clinical psychologist or
    physician, and the officer seeks mental health treatment or
    has been adjudicated as a mental defective;
        (f) A person whose mental condition is of such a nature
    that it poses a clear and present danger to the applicant,
    any other person or persons or the community;
        For the purposes of this Section, "mental condition"
    means a state of mind manifested by violent, suicidal,
    threatening or assaultive behavior.
        (g) A person who is intellectually disabled;
        (h) A person who intentionally makes a false statement
    in the Firearm Owner's Identification Card application;
        (i) An alien who is unlawfully present in the United
    States under the laws of the United States;
        (i-5) An alien who has been admitted to the United
    States under a non-immigrant visa (as that term is defined
    in Section 101(a)(26) of the Immigration and Nationality
    Act (8 U.S.C. 1101(a)(26))), except that this subsection
    (i-5) does not apply to any alien who has been lawfully
    admitted to the United States under a non-immigrant visa if
    that alien is:
        (1) admitted to the United States for lawful hunting or
        sporting purposes;
        (2) an official representative of a foreign government
        who is:
            (A) accredited to the United States Government or
            the Government's mission to an international
            organization having its headquarters in the United
            States; or
            (B) en route to or from another country to which
            that alien is accredited;
        (3) an official of a foreign government or
        distinguished foreign visitor who has been so
        designated by the Department of State;
        (4) a foreign law enforcement officer of a friendly
        foreign government entering the United States on
        official business; or
        (5) one who has received a waiver from the Attorney
        General of the United States pursuant to 18 U.S.C.
        922(y)(3);
        (j) (Blank);
        (k) A person who has been convicted within the past 5
    years of battery, assault, aggravated assault, violation
    of an order of protection, or a substantially similar
    offense in another jurisdiction, in which a firearm was
    used or possessed;
        (l) A person who has been convicted of domestic
    battery, aggravated domestic battery, or a substantially
    similar offense in another jurisdiction committed before,
    on or after January 1, 2012 (the effective date of Public
    Act 97-158). If the applicant or person who has been
    previously issued a Firearm Owner's Identification Card
    under this Act knowingly and intelligently waives the right
    to have an offense described in this paragraph (l) tried by
    a jury, and by guilty plea or otherwise, results in a
    conviction for an offense in which a domestic relationship
    is not a required element of the offense but in which a
    determination of the applicability of 18 U.S.C. 922(g)(9)
    is made under Section 112A-11.1 of the Code of Criminal
    Procedure of 1963, an entry by the court of a judgment of
    conviction for that offense shall be grounds for denying an
    application for and for revoking and seizing a Firearm
    Owner's Identification Card previously issued to the
    person under this Act;
        (m) (Blank);
        (n) A person who is prohibited from acquiring or
    possessing firearms or firearm ammunition by any Illinois
    State statute or by federal law;
        (o) A minor subject to a petition filed under Section
    5-520 of the Juvenile Court Act of 1987 alleging that the
    minor is a delinquent minor for the commission of an
    offense that if committed by an adult would be a felony;
        (p) An adult who had been adjudicated a delinquent
    minor under the Juvenile Court Act of 1987 for the
    commission of an offense that if committed by an adult
    would be a felony; or
        (q) A person who is not a resident of the State of
    Illinois, except as provided in subsection (a-10) of
    Section 4.
(Source: P.A. 96-701, eff. 1-1-10; 97-158, eff. 1-1-12; 97-227,
eff. 1-1-12; 97-813, eff. 7-13-12; 97-1131, eff. 1-1-13.)
 
    (Text of Section after amendment by P.A. 97-1167)
    Sec. 8. Grounds for denial and revocation.
    The Department of State Police has authority to deny an
application for or to revoke and seize a Firearm Owner's
Identification Card previously issued under this Act only if
the Department finds that the applicant or the person to whom
such card was issued is or was at the time of issuance:
        (a) A person under 21 years of age who has been
    convicted of a misdemeanor other than a traffic offense or
    adjudged delinquent;
        (b) A person under 21 years of age who does not have
    the written consent of his parent or guardian to acquire
    and possess firearms and firearm ammunition, or whose
    parent or guardian has revoked such written consent, or
    where such parent or guardian does not qualify to have a
    Firearm Owner's Identification Card;
        (c) A person convicted of a felony under the laws of
    this or any other jurisdiction;
        (d) A person addicted to narcotics;
        (e) A person who has been a patient of a mental
    institution within the past 5 years. An active law
    enforcement officer employed by a unit of government who is
    denied, revoked, or has his or her Firearm Owner's
    Identification Card seized under this subsection (e) may
    obtain relief as described in subsection (c-5) of Section
    10 of this Act if the officer did not act in a manner
    threatening to the officer, another person, or the public
    as determined by the treating clinical psychologist or
    physician, and the officer seeks mental health treatment;
        (f) A person whose mental condition is of such a nature
    that it poses a clear and present danger to the applicant,
    any other person or persons or the community;
        For the purposes of this Section, "mental condition"
    means a state of mind manifested by violent, suicidal,
    threatening or assaultive behavior.
        (g) A person who is intellectually disabled;
        (h) A person who intentionally makes a false statement
    in the Firearm Owner's Identification Card application;
        (i) An alien who is unlawfully present in the United
    States under the laws of the United States;
        (i-5) An alien who has been admitted to the United
    States under a non-immigrant visa (as that term is defined
    in Section 101(a)(26) of the Immigration and Nationality
    Act (8 U.S.C. 1101(a)(26))), except that this subsection
    (i-5) does not apply to any alien who has been lawfully
    admitted to the United States under a non-immigrant visa if
    that alien is:
        (1) admitted to the United States for lawful hunting or
        sporting purposes;
        (2) an official representative of a foreign government
        who is:
            (A) accredited to the United States Government or
            the Government's mission to an international
            organization having its headquarters in the United
            States; or
            (B) en route to or from another country to which
            that alien is accredited;
        (3) an official of a foreign government or
        distinguished foreign visitor who has been so
        designated by the Department of State;
        (4) a foreign law enforcement officer of a friendly
        foreign government entering the United States on
        official business; or
        (5) one who has received a waiver from the Attorney
        General of the United States pursuant to 18 U.S.C.
        922(y)(3);
        (j) (Blank);
        (k) A person who has been convicted within the past 5
    years of battery, assault, aggravated assault, violation
    of an order of protection, or a substantially similar
    offense in another jurisdiction, in which a firearm was
    used or possessed;
        (l) A person who has been convicted of domestic
    battery, aggravated domestic battery, or a substantially
    similar offense in another jurisdiction committed before,
    on or after January 1, 2012 (the effective date of Public
    Act 97-158). If the applicant or person who has been
    previously issued a Firearm Owner's Identification Card
    under this Act knowingly and intelligently waives the right
    to have an offense described in this paragraph (l) tried by
    a jury, and by guilty plea or otherwise, results in a
    conviction for an offense in which a domestic relationship
    is not a required element of the offense but in which a
    determination of the applicability of 18 U.S.C. 922(g)(9)
    is made under Section 112A-11.1 of the Code of Criminal
    Procedure of 1963, an entry by the court of a judgment of
    conviction for that offense shall be grounds for denying an
    application for and for revoking and seizing a Firearm
    Owner's Identification Card previously issued to the
    person under this Act;
        (m) (Blank);
        (n) A person who is prohibited from acquiring or
    possessing firearms or firearm ammunition by any Illinois
    State statute or by federal law;
        (o) A minor subject to a petition filed under Section
    5-520 of the Juvenile Court Act of 1987 alleging that the
    minor is a delinquent minor for the commission of an
    offense that if committed by an adult would be a felony;
        (p) An adult who had been adjudicated a delinquent
    minor under the Juvenile Court Act of 1987 for the
    commission of an offense that if committed by an adult
    would be a felony;
        (q) A person who is not a resident of the State of
    Illinois, except as provided in subsection (a-10) of
    Section 4; or
        (r) A person who has been adjudicated as a mental
    defective.
(Source: P.A. 96-701, eff. 1-1-10; 97-158, eff. 1-1-12; 97-227,
eff. 1-1-12; 97-813, eff. 7-13-12; 97-1131, eff. 1-1-13;
97-1167, eff. 6-1-13.)
 
    Section 10. The Criminal Code of 2012 is amended by
changing Section 24-3 and adding Section 24-4.1 as follows:
 
    (720 ILCS 5/24-3)  (from Ch. 38, par. 24-3)
    (Text of Section before amendment by P.A. 97-1167)
    Sec. 24-3. Unlawful sale or delivery of firearms.
    (A) A person commits the offense of unlawful sale or
delivery of firearms when he or she knowingly does any of the
following:
        (a) Sells or gives any firearm of a size which may be
    concealed upon the person to any person under 18 years of
    age.
        (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.
        (c) Sells or gives any firearm to any narcotic addict.
        (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.
        (e) Sells or gives any firearm to any person who has
    been a patient in a mental hospital within the past 5
    years.
        (f) Sells or gives any firearms to any person who is
    intellectually disabled.
        (g) Delivers any firearm of a size which may be
    concealed upon the person, incidental to a sale, without
    withholding delivery of such firearm for at least 72 hours
    after application for its purchase has been made, or
    delivers any rifle, shotgun or other long gun, or a stun
    gun or taser, incidental to a sale, without withholding
    delivery of 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 to a
    nonresident of Illinois under which the firearm is mailed
    to a point outside the boundaries of Illinois; (3) 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; or (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). For purposes of this paragraph (g),
    "application" means when the buyer and seller reach an
    agreement to purchase a firearm.
        (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)
    "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.
        (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.
        (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):
        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
    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.
        "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.
        (k) Sells or transfers ownership of a firearm to a
    person who does not display to the seller or transferor of
    the firearm 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. 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) if the
    transferor is licensed as a federal firearms dealer under
    Section 923 of the federal Gun Control Act of 1968 (18
    U.S.C. 923), an approval number issued in accordance with
    subsection (a-10) of Section 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.
    (C) Sentence.
        (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.
        (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.
        (3) Any person convicted of unlawful sale or delivery
    of firearms in violation of paragraph (a) of subsection (A)
    commits a Class 2 felony.
        (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,
    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,
    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.
        (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
    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.
        (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.
        (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
    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
    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:
    "School" means a public or private elementary or secondary
school, community college, college, or university.
    "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.
    (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.
(Source: P.A. 96-190, eff. 1-1-10; 97-227, eff. 1-1-12; 97-347,
eff. 1-1-12; 97-813, eff. 7-13-12.)
 
    (Text of Section after amendment by P.A. 97-1167)
    Sec. 24-3. Unlawful sale or delivery of firearms.
    (A) A person commits the offense of unlawful sale or
delivery of firearms when he or she knowingly does any of the
following:
        (a) Sells or gives any firearm of a size which may be
    concealed upon the person to any person under 18 years of
    age.
        (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.
        (c) Sells or gives any firearm to any narcotic addict.
        (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.
        (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.
        (f) Sells or gives any firearms to any person who is
    intellectually disabled.
        (g) Delivers any firearm of a size which may be
    concealed upon the person, incidental to a sale, without
    withholding delivery of such firearm for at least 72 hours
    after application for its purchase has been made, or
    delivers any rifle, shotgun or other long gun, or a stun
    gun or taser, incidental to a sale, without withholding
    delivery of 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 to a
    nonresident of Illinois under which the firearm is mailed
    to a point outside the boundaries of Illinois; (3) 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; or (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). For purposes of this paragraph (g),
    "application" means when the buyer and seller reach an
    agreement to purchase a firearm.
        (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)
    "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.
        (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.
        (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):
        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
    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.
        "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.
        (k) Sells or transfers ownership of a firearm to a
    person who does not display to the seller or transferor of
    the firearm 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. 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) if the
    transferor is licensed as a federal firearms dealer under
    Section 923 of the federal Gun Control Act of 1968 (18
    U.S.C. 923), 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.
    (C) Sentence.
        (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.
        (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.
        (3) Any person convicted of unlawful sale or delivery
    of firearms in violation of paragraph (a) of subsection (A)
    commits a Class 2 felony.
        (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,
    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,
    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.
        (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
    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.
        (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.
        (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
    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
    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:
    "School" means a public or private elementary or secondary
school, community college, college, or university.
    "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.
    (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.
(Source: P.A. 96-190, eff. 1-1-10; 97-227, eff. 1-1-12; 97-347,
eff. 1-1-12; 97-813, eff. 7-13-12; 97-1167, eff. 6-1-13.)
 
    (720 ILCS 5/24-4.1 new)
    Sec. 24-4.1. Report of lost or stolen firearms.
    (a) If a person who possesses a valid Firearm Owner's
Identification Card and who possesses or acquires a firearm
thereafter loses the firearm, or if the firearm is stolen from
the person, the person must report the loss or theft to the
local law enforcement agency within 72 hours after obtaining
knowledge of the loss or theft.
    (b) A law enforcement agency having jurisdiction shall take
a written report and shall, as soon as practical, enter the
firearm's serial number as stolen into the Law Enforcement
Agencies Data System (LEADS).
    (c) A person shall not be in violation of this Section if:
        (1) the failure to report is due to an act of God, act
    of war, or inability of a law enforcement agency to receive
    the report;
        (2) the person is hospitalized, in a coma, or is
    otherwise seriously physically or mentally impaired as to
    prevent the person from reporting; or
        (3) the person's designee makes a report if the person
    is unable to make the report.
    (d) Sentence. A person who violates this Section is guilty
of a petty offense for a first violation. A second or
subsequent violation of this Section is a Class A misdemeanor.
 
    Section 95. No acceleration or delay. Where this Act makes
changes in a statute that is represented in this Act by text
that is not yet or no longer in effect (for example, a Section
represented by multiple versions), the use of that text does
not accelerate or delay the taking effect of (i) the changes
made by this Act or (ii) provisions derived from any other
Public Act.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.