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Public Act 100-0606
Public Act 0606 100TH GENERAL ASSEMBLY
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Public Act 100-0606
| | SB3256 Enrolled | LRB100 20547 SLF 35951 b |
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| AN ACT concerning criminal law.
| Be it enacted by the People of the State of Illinois,
| represented in the General Assembly:
| Section 5. The Criminal Code of 2012 is amended by changing | Section 24-3 as follows:
| (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
| 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 a | person with an intellectual disability.
| (g) Delivers any firearm of a size which may be | concealed upon the
person, incidental to a sale, without | withholding delivery of the such firearm
for at least 72 | hours after application for its purchase has been made, or
| delivers any rifle, shotgun or other long gun, or a stun | gun or taser, incidental to a sale,
without withholding | delivery of the such rifle, shotgun or other long gun, or a | stun gun or taser for
at least 24 hours after application | for its purchase has been made.
However,
this paragraph (g) | does not apply to: (1) the sale of a firearm
to a law | enforcement officer if the seller of the firearm knows that | the person to whom he or she is selling the firearm is a | law enforcement officer or the sale of a firearm to a |
| person who desires to purchase a firearm for
use in | promoting the public interest incident to his or her | employment as a
bank guard, armed truck guard, or other | similar employment; (2) a mail
order sale of a firearm from | a federally licensed firearms dealer to a nonresident of | Illinois under which the firearm
is mailed to a federally | licensed firearms dealer outside the boundaries of | Illinois; (3) (blank); the sale
of a firearm to a | nonresident of Illinois while at a firearm showing or | display
recognized by the Illinois Department of State | Police; (4) the sale of a
firearm to a dealer licensed as a | federal firearms dealer under Section 923
of the federal | Gun Control Act of 1968 (18 U.S.C. 923); or (5) the | transfer or sale of any rifle, shotgun, or other long gun | to a resident registered competitor or attendee or | non-resident registered competitor or attendee by any | dealer licensed as a federal firearms dealer under Section | 923 of the federal Gun Control Act of 1968 at competitive | shooting events held at the World Shooting Complex | sanctioned by a national governing body. For purposes of | transfers or sales under subparagraph (5) of this paragraph | (g), the Department of Natural Resources shall give notice | to the Department of State Police at least 30 calendar days | prior to any competitive shooting events at the World | Shooting Complex sanctioned by a national governing body. | The notification shall be made on a form prescribed by the |
| Department of State Police. The sanctioning body shall | provide a list of all registered competitors and attendees | at least 24 hours before the events to the Department of | State Police. Any changes to the list of registered | competitors and attendees shall be forwarded to the | Department of State Police as soon as practicable. The | Department of State Police must destroy the list of | registered competitors and attendees no later than 30 days | after the date of the event. Nothing in this paragraph (g) | relieves a federally licensed firearm dealer from the | requirements of conducting a NICS background check through | the Illinois Point of Contact under 18 U.S.C. 922(t). For | purposes of this paragraph (g), "application" means when | the buyer and seller reach an agreement to purchase a | firearm.
For purposes of this paragraph (g), "national | governing body" means a group of persons who adopt rules | and formulate policy on behalf of a national firearm | sporting organization.
| (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 either: (1) a currently valid Firearm Owner's | Identification Card that has previously been issued in the | transferee's name by the Department of State Police under | the provisions of the Firearm Owners Identification Card | Act; or (2) a currently valid license to carry a concealed | firearm that has previously been issued in the transferee's | name by the
Department of State Police under the Firearm | Concealed Carry Act. This paragraph (k) does not apply to | the transfer of a firearm to a person who is exempt from | the requirement of possessing a Firearm Owner's | Identification Card under Section 2 of the Firearm Owners | Identification Card Act. For the purposes of this Section, | a currently valid Firearm Owner's Identification Card | means (i) a Firearm Owner's Identification Card that has | not expired or (ii) an approval number issued in accordance | with subsection (a-10) of subsection 3 or Section 3.1 of | the Firearm Owners Identification Card Act shall be proof | that the Firearm Owner's Identification Card was valid. | (1) In addition to the other requirements of this | paragraph (k), all persons who are not federally | licensed firearms dealers must also have complied with |
| subsection (a-10) of Section 3 of the Firearm Owners | Identification Card Act by determining the validity of | a purchaser's Firearm Owner's Identification Card. | (2) All sellers or transferors who have complied | with the requirements of subparagraph (1) of this | paragraph (k) shall not be liable for damages in any | civil action arising from the use or misuse by the | transferee of the firearm transferred, except for | willful or wanton misconduct on the part of the seller | or transferor. | (l) Not
being entitled to the possession of a firearm, | delivers the
firearm, knowing it to have been stolen or | converted. It may be inferred that
a person who possesses a | firearm with knowledge that its serial number has
been | removed or altered has knowledge that the firearm is stolen | or converted. | (B) Paragraph (h) of subsection (A) does not include | firearms sold within 6
months after enactment of Public
Act | 78-355 (approved August 21, 1973, effective October 1, 1973), | nor is any
firearm legally owned or
possessed by any citizen or | purchased by any citizen within 6 months after the
enactment of | Public Act 78-355 subject
to confiscation or seizure under the | provisions of that Public Act. Nothing in
Public Act 78-355 | shall be construed to prohibit the gift or trade of
any firearm | if that firearm was legally held or acquired within 6 months | after
the enactment of that Public Act.
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| (C) Sentence.
| (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. 98-508, eff. 8-19-13; 99-29, eff. 7-10-15; | 99-143, eff. 7-27-15; 99-642, eff. 7-28-16.)
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Effective Date: 1/1/2019
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