99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB4871

 

Introduced , by Rep. Jim Durkin

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/24-3  from Ch. 38, par. 24-3

    Amends the Criminal Code of 2012. Makes a technical change in a Section concerning the unlawful sale of firearms.


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A BILL FOR

 

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1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 2012 is amended by changing
5Section 24-3 as follows:
 
6    (720 ILCS 5/24-3)  (from Ch. 38, par. 24-3)
7    Sec. 24-3. Unlawful sale or delivery of firearms.
8    (A) A person commits the the offense of unlawful sale or
9delivery of firearms when he or she knowingly does any of the
10following:
11        (a) Sells or gives any firearm of a size which may be
12    concealed upon the person to any person under 18 years of
13    age.
14        (b) Sells or gives any firearm to a person under 21
15    years of age who has been convicted of a misdemeanor other
16    than a traffic offense or adjudged delinquent.
17        (c) Sells or gives any firearm to any narcotic addict.
18        (d) Sells or gives any firearm to any person who has
19    been convicted of a felony under the laws of this or any
20    other jurisdiction.
21        (e) Sells or gives any firearm to any person who has
22    been a patient in a mental institution within the past 5
23    years. In this subsection (e):

 

 

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1            "Mental institution" means any hospital,
2        institution, clinic, evaluation facility, mental
3        health center, or part thereof, which is used primarily
4        for the care or treatment of persons with mental
5        illness.
6            "Patient in a mental institution" means the person
7        was admitted, either voluntarily or involuntarily, to
8        a mental institution for mental health treatment,
9        unless the treatment was voluntary and solely for an
10        alcohol abuse disorder and no other secondary
11        substance abuse disorder or mental illness.
12        (f) Sells or gives any firearms to any person who is a
13    person with an intellectual disability.
14        (g) Delivers any firearm of a size which may be
15    concealed upon the person, incidental to a sale, without
16    withholding delivery of such firearm for at least 72 hours
17    after application for its purchase has been made, or
18    delivers any rifle, shotgun or other long gun, or a stun
19    gun or taser, incidental to a sale, without withholding
20    delivery of such rifle, shotgun or other long gun, or a
21    stun gun or taser for at least 24 hours after application
22    for its purchase has been made. However, this paragraph (g)
23    does not apply to: (1) the sale of a firearm to a law
24    enforcement officer if the seller of the firearm knows that
25    the person to whom he or she is selling the firearm is a
26    law enforcement officer or the sale of a firearm to a

 

 

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1    person who desires to purchase a firearm for use in
2    promoting the public interest incident to his or her
3    employment as a bank guard, armed truck guard, or other
4    similar employment; (2) a mail order sale of a firearm from
5    a federally licensed firearms dealer to a nonresident of
6    Illinois under which the firearm is mailed to a federally
7    licensed firearms dealer outside the boundaries of
8    Illinois; (3) the sale of a firearm to a nonresident of
9    Illinois while at a firearm showing or display recognized
10    by the Illinois Department of State Police; (4) the sale of
11    a firearm to a dealer licensed as a federal firearms dealer
12    under Section 923 of the federal Gun Control Act of 1968
13    (18 U.S.C. 923); or (5) the transfer or sale of any rifle,
14    shotgun, or other long gun to a resident registered
15    competitor or attendee or non-resident registered
16    competitor or attendee by any dealer licensed as a federal
17    firearms dealer under Section 923 of the federal Gun
18    Control Act of 1968 at competitive shooting events held at
19    the World Shooting Complex sanctioned by a national
20    governing body. For purposes of transfers or sales under
21    subparagraph (5) of this paragraph (g), the Department of
22    Natural Resources shall give notice to the Department of
23    State Police at least 30 calendar days prior to any
24    competitive shooting events at the World Shooting Complex
25    sanctioned by a national governing body. The notification
26    shall be made on a form prescribed by the Department of

 

 

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

 

 

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

 

 

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

 

 

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1        Identification Card Act by determining the validity of
2        a purchaser's Firearm Owner's Identification Card.
3            (2) All sellers or transferors who have complied
4        with the requirements of subparagraph (1) of this
5        paragraph (k) shall not be liable for damages in any
6        civil action arising from the use or misuse by the
7        transferee of the firearm transferred, except for
8        willful or wanton misconduct on the part of the seller
9        or transferor.
10        (l) Not being entitled to the possession of a firearm,
11    delivers the firearm, knowing it to have been stolen or
12    converted. It may be inferred that a person who possesses a
13    firearm with knowledge that its serial number has been
14    removed or altered has knowledge that the firearm is stolen
15    or converted.
16    (B) Paragraph (h) of subsection (A) does not include
17firearms sold within 6 months after enactment of Public Act
1878-355 (approved August 21, 1973, effective October 1, 1973),
19nor is any firearm legally owned or possessed by any citizen or
20purchased by any citizen within 6 months after the enactment of
21Public Act 78-355 subject to confiscation or seizure under the
22provisions of that Public Act. Nothing in Public Act 78-355
23shall be construed to prohibit the gift or trade of any firearm
24if that firearm was legally held or acquired within 6 months
25after the enactment of that Public Act.
26    (C) Sentence.

 

 

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1        (1) Any person convicted of unlawful sale or delivery
2    of firearms in violation of paragraph (c), (e), (f), (g),
3    or (h) of subsection (A) commits a Class 4 felony.
4        (2) Any person convicted of unlawful sale or delivery
5    of firearms in violation of paragraph (b) or (i) of
6    subsection (A) commits a Class 3 felony.
7        (3) Any person convicted of unlawful sale or delivery
8    of firearms in violation of paragraph (a) of subsection (A)
9    commits a Class 2 felony.
10        (4) Any person convicted of unlawful sale or delivery
11    of firearms in violation of paragraph (a), (b), or (i) of
12    subsection (A) in any school, on the real property
13    comprising a school, within 1,000 feet of the real property
14    comprising a school, at a school related activity, or on or
15    within 1,000 feet of any conveyance owned, leased, or
16    contracted by a school or school district to transport
17    students to or from school or a school related activity,
18    regardless of the time of day or time of year at which the
19    offense was committed, commits a Class 1 felony. Any person
20    convicted of a second or subsequent violation of unlawful
21    sale or delivery of firearms in violation of paragraph (a),
22    (b), or (i) of subsection (A) in any school, on the real
23    property comprising a school, within 1,000 feet of the real
24    property comprising a school, at a school related activity,
25    or on or within 1,000 feet of any conveyance owned, leased,
26    or contracted by a school or school district to transport

 

 

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1    students to or from school or a school related activity,
2    regardless of the time of day or time of year at which the
3    offense was committed, commits a Class 1 felony for which
4    the sentence shall be a term of imprisonment of no less
5    than 5 years and no more than 15 years.
6        (5) Any person convicted of unlawful sale or delivery
7    of firearms in violation of paragraph (a) or (i) of
8    subsection (A) in residential property owned, operated, or
9    managed by a public housing agency or leased by a public
10    housing agency as part of a scattered site or mixed-income
11    development, in a public park, in a courthouse, on
12    residential property owned, operated, or managed by a
13    public housing agency or leased by a public housing agency
14    as part of a scattered site or mixed-income development, on
15    the real property comprising any public park, on the real
16    property comprising any courthouse, or on any public way
17    within 1,000 feet of the real property comprising any
18    public park, courthouse, or residential property owned,
19    operated, or managed by a public housing agency or leased
20    by a public housing agency as part of a scattered site or
21    mixed-income development commits a Class 2 felony.
22        (6) Any person convicted of unlawful sale or delivery
23    of firearms in violation of paragraph (j) of subsection (A)
24    commits a Class A misdemeanor. A second or subsequent
25    violation is a Class 4 felony.
26        (7) Any person convicted of unlawful sale or delivery

 

 

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

 

 

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1    sale or delivery of firearms in violation of paragraph (l)
2    of subsection (A) commits a Class X felony for which he or
3    she shall be sentenced to a term of imprisonment of not
4    less than 6 years and not more than 30 years if the
5    delivery is of not less than 6 and not more than 10
6    firearms at the same time or within a 2 year period. Any
7    person convicted of unlawful sale or delivery of firearms
8    in violation of paragraph (l) of subsection (A) commits a
9    Class X felony for which he or she shall be sentenced to a
10    term of imprisonment of not less than 6 years and not more
11    than 40 years if the delivery is of not less than 11 and
12    not more than 20 firearms at the same time or within a 3
13    year period. Any person convicted of unlawful sale or
14    delivery of firearms in violation of paragraph (l) of
15    subsection (A) commits a Class X felony for which he or she
16    shall be sentenced to a term of imprisonment of not less
17    than 6 years and not more than 50 years if the delivery is
18    of not less than 21 and not more than 30 firearms at the
19    same time or within a 4 year period. Any person convicted
20    of unlawful sale or delivery of firearms in violation of
21    paragraph (l) of subsection (A) commits a Class X felony
22    for which he or she shall be sentenced to a term of
23    imprisonment of not less than 6 years and not more than 60
24    years if the delivery is of 31 or more firearms at the same
25    time or within a 5 year period.
26    (D) For purposes of this Section:

 

 

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1    "School" means a public or private elementary or secondary
2school, community college, college, or university.
3    "School related activity" means any sporting, social,
4academic, or other activity for which students' attendance or
5participation is sponsored, organized, or funded in whole or in
6part by a school or school district.
7    (E) A prosecution for a violation of paragraph (k) of
8subsection (A) of this Section may be commenced within 6 years
9after the commission of the offense. A prosecution for a
10violation of this Section other than paragraph (g) of
11subsection (A) of this Section may be commenced within 5 years
12after the commission of the offense defined in the particular
13paragraph.
14(Source: P.A. 98-508, eff. 8-19-13; 99-29, eff. 7-10-15;
1599-143, eff. 7-27-15; revised 10-16-15.)