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Public Act 098-0508 |
HB1189 Enrolled | LRB098 02638 RLC 32643 b |
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AN ACT concerning criminal law, which may be referred to as |
the Gun Safety and Responsibility Act.
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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 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.
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(a-10) Any person who is not a federally licensed firearm |
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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 |
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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; |
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(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
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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 |
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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.
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(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)
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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 |
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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.
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(Source: P.A. 94-125, eff. 1-1-06.)
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(430 ILCS 65/8) (from Ch. 38, par. 83-8)
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(Text of Section before amendment by P.A. 97-1167 )
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Sec. 8. Grounds for denial and revocation. |
The Department of State Police has authority to deny an
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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:
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(a) 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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(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;
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(c) A person convicted of a felony under the laws of |
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this or any other
jurisdiction;
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(d) A person addicted to narcotics;
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(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 ;
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(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;
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For the purposes of this Section, "mental condition" |
means a state of
mind manifested by violent, suicidal, |
threatening or assaultive behavior.
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(g) A person who is intellectually disabled;
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(h) A person who intentionally makes a false statement |
in the Firearm
Owner's Identification Card application;
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(i) An alien who is unlawfully present in
the United |
States under the laws of the United States;
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(i-5) An alien who has been admitted to the United |
States under a
non-immigrant visa (as that term is defined |
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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:
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(1) admitted to the United States for lawful hunting or |
sporting purposes;
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(2) an official representative of a foreign government |
who is:
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(A) accredited to the United States Government or |
the Government's
mission to an international |
organization having its headquarters in the United
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States; or
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(B) en route to or from another country to which |
that alien is
accredited;
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(3) an official of a foreign government or |
distinguished foreign visitor
who has been so |
designated by the Department of State;
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(4) a foreign law enforcement officer of a friendly |
foreign government
entering the United States on |
official business; or
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(5) one who has received a waiver from the Attorney |
General of the United
States pursuant to 18 U.S.C. |
922(y)(3);
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(j) (Blank);
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(k) A person who has been convicted within the past 5 |
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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
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used or possessed;
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(l) A person who has been convicted of domestic |
battery, aggravated domestic battery, or a substantially
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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;
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(m) (Blank);
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(n) A person who is prohibited from acquiring or |
possessing
firearms or firearm ammunition by any Illinois |
State statute or by federal
law;
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(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;
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(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
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(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.)
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(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:
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(a) 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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(b) A person under 21 years of age who does not have |
the written consent
of his parent or guardian to acquire |
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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;
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(c) A person convicted of a felony under the laws of |
this or any other
jurisdiction;
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(d) A person addicted to narcotics;
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(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;
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(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;
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For the purposes of this Section, "mental condition" |
means a state of
mind manifested by violent, suicidal, |
threatening or assaultive behavior.
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(g) A person who is intellectually disabled;
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(h) A person who intentionally makes a false statement |
in the Firearm
Owner's Identification Card application;
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(i) An alien who is unlawfully present in
the United |
States under the laws of the United States;
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(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:
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(1) admitted to the United States for lawful hunting or |
sporting purposes;
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(2) an official representative of a foreign government |
who is:
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(A) accredited to the United States Government or |
the Government's
mission to an international |
organization having its headquarters in the United
|
States; or
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(B) en route to or from another country to which |
that alien is
accredited;
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(3) an official of a foreign government or |
distinguished foreign visitor
who has been so |
designated by the Department of State;
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(4) a foreign law enforcement officer of a friendly |
foreign government
entering the United States on |
official business; or
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(5) one who has received a waiver from the Attorney |
|
General of the United
States pursuant to 18 U.S.C. |
922(y)(3);
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(j) (Blank);
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(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;
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(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;
|
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(m) (Blank);
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(n) A person who is prohibited from acquiring or |
possessing
firearms or firearm ammunition by any Illinois |
State statute or by federal
law;
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(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.)
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Section 10. The Criminal Code of 2012 is amended by |
changing Section 24-3 and adding Section 24-4.1 as follows:
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(720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
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(Text of Section before amendment by P.A. 97-1167 )
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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 hospital within the past 5 |
years.
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(f) Sells or gives any firearms to any person who is |
intellectually disabled.
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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 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 such rifle, shotgun or other long gun, or a |
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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
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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.
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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)
|
"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):
|
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.
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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.
|
(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.
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(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 |