100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB2833

 

Introduced , by Rep. Theresa Mah

 

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

    Amends the Criminal Code of 2012. Provides that a person commits the offense of unlawful sale or delivery of firearms when he or she while holding a license under the federal Gun Control Act of 1968, transfers or possesses with the intent to transfer more than one firearm to any person within a 30-day period or transfers or possesses with the intent to transfer a firearm to any person he or she knows or has reasonable cause to believe has received a firearm within the previous 30 days. Provides that it is an affirmative defense to a violation that the transferor in good faith relied on the records of the Department of State Police in concluding that the transferor had not transferred a firearm within the previous 30 days. Provides that a person who commits this offense commits a Class 3 felony.


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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

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 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        (i-5) While holding a license under the federal Gun
9    Control Act of 1968, transfers or possesses with the intent
10    to transfer more than one firearm to any person within a
11    30-day period or transfers or possesses with the intent to
12    transfer a firearm to any person he or she knows or has
13    reasonable cause to believe has received a firearm within
14    the previous 30 days. It is an affirmative defense to a
15    violation of this subsection (i-5) that the transferor in
16    good faith relied on the records of the Department of State
17    Police in concluding that the transferor had not
18    transferred a firearm within the previous 30 days.
19        (j) Sells or gives a firearm while engaged in the
20    business of selling firearms at wholesale or retail without
21    being licensed as a federal firearms dealer under Section
22    923 of the federal Gun Control Act of 1968 (18 U.S.C. 923).
23    In this paragraph (j):
24        A person "engaged in the business" means a person who
25    devotes time, attention, and labor to engaging in the
26    activity as a regular course of trade or business with the

 

 

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1    principal objective of livelihood and profit, but does not
2    include a person who makes occasional repairs of firearms
3    or who occasionally fits special barrels, stocks, or
4    trigger mechanisms to firearms.
5        "With the principal objective of livelihood and
6    profit" means that the intent underlying the sale or
7    disposition of firearms is predominantly one of obtaining
8    livelihood and pecuniary gain, as opposed to other intents,
9    such as improving or liquidating a personal firearms
10    collection; however, proof of profit shall not be required
11    as to a person who engages in the regular and repetitive
12    purchase and disposition of firearms for criminal purposes
13    or terrorism.
14        (k) Sells or transfers ownership of a firearm to a
15    person who does not display to the seller or transferor of
16    the firearm either: (1) a currently valid Firearm Owner's
17    Identification Card that has previously been issued in the
18    transferee's name by the Department of State Police under
19    the provisions of the Firearm Owners Identification Card
20    Act; or (2) a currently valid license to carry a concealed
21    firearm that has previously been issued in the transferee's
22    name by the Department of State Police under the Firearm
23    Concealed Carry Act. This paragraph (k) does not apply to
24    the transfer of a firearm to a person who is exempt from
25    the requirement of possessing a Firearm Owner's
26    Identification Card under Section 2 of the Firearm Owners

 

 

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1    Identification Card Act. For the purposes of this Section,
2    a currently valid Firearm Owner's Identification Card
3    means (i) a Firearm Owner's Identification Card that has
4    not expired or (ii) an approval number issued in accordance
5    with subsection (a-10) of subsection 3 or Section 3.1 of
6    the Firearm Owners Identification Card Act shall be proof
7    that the Firearm Owner's Identification Card was valid.
8            (1) In addition to the other requirements of this
9        paragraph (k), all persons who are not federally
10        licensed firearms dealers must also have complied with
11        subsection (a-10) of Section 3 of the Firearm Owners
12        Identification Card Act by determining the validity of
13        a purchaser's Firearm Owner's Identification Card.
14            (2) All sellers or transferors who have complied
15        with the requirements of subparagraph (1) of this
16        paragraph (k) shall not be liable for damages in any
17        civil action arising from the use or misuse by the
18        transferee of the firearm transferred, except for
19        willful or wanton misconduct on the part of the seller
20        or transferor.
21        (l) Not being entitled to the possession of a firearm,
22    delivers the firearm, knowing it to have been stolen or
23    converted. It may be inferred that a person who possesses a
24    firearm with knowledge that its serial number has been
25    removed or altered has knowledge that the firearm is stolen
26    or converted.

 

 

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1    (B) Paragraph (h) of subsection (A) does not include
2firearms sold within 6 months after enactment of Public Act
378-355 (approved August 21, 1973, effective October 1, 1973),
4nor is any firearm legally owned or possessed by any citizen or
5purchased by any citizen within 6 months after the enactment of
6Public Act 78-355 subject to confiscation or seizure under the
7provisions of that Public Act. Nothing in Public Act 78-355
8shall be construed to prohibit the gift or trade of any firearm
9if that firearm was legally held or acquired within 6 months
10after the enactment of that Public Act.
11    (C) Sentence.
12        (1) Any person convicted of unlawful sale or delivery
13    of firearms in violation of paragraph (c), (e), (f), (g),
14    or (h) of subsection (A) commits a Class 4 felony.
15        (2) Any person convicted of unlawful sale or delivery
16    of firearms in violation of paragraph (b), or (i), or (i-5)
17    of subsection (A) commits a Class 3 felony.
18        (3) Any person convicted of unlawful sale or delivery
19    of firearms in violation of paragraph (a) of subsection (A)
20    commits a Class 2 felony.
21        (4) Any person convicted of unlawful sale or delivery
22    of firearms in violation of paragraph (a), (b), or (i) of
23    subsection (A) in any school, on the real property
24    comprising a school, within 1,000 feet of the real property
25    comprising a school, at a school related activity, or on or
26    within 1,000 feet of any conveyance owned, leased, or

 

 

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

 

 

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1    property comprising any courthouse, or on any public way
2    within 1,000 feet of the real property comprising any
3    public park, courthouse, or residential property owned,
4    operated, or managed by a public housing agency or leased
5    by a public housing agency as part of a scattered site or
6    mixed-income development commits a Class 2 felony.
7        (6) Any person convicted of unlawful sale or delivery
8    of firearms in violation of paragraph (j) of subsection (A)
9    commits a Class A misdemeanor. A second or subsequent
10    violation is a Class 4 felony.
11        (7) Any person convicted of unlawful sale or delivery
12    of firearms in violation of paragraph (k) of subsection (A)
13    commits a Class 4 felony, except that a violation of
14    subparagraph (1) of paragraph (k) of subsection (A) shall
15    not be punishable as a crime or petty offense. A third or
16    subsequent conviction for a violation of paragraph (k) of
17    subsection (A) is a Class 1 felony.
18        (8) A person 18 years of age or older convicted of
19    unlawful sale or delivery of firearms in violation of
20    paragraph (a) or (i) of subsection (A), when the firearm
21    that was sold or given to another person under 18 years of
22    age was used in the commission of or attempt to commit a
23    forcible felony, shall be fined or imprisoned, or both, not
24    to exceed the maximum provided for the most serious
25    forcible felony so committed or attempted by the person
26    under 18 years of age who was sold or given the firearm.

 

 

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

 

 

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1    shall be sentenced to a term of imprisonment of not less
2    than 6 years and not more than 50 years if the delivery is
3    of not less than 21 and not more than 30 firearms at the
4    same time or within a 4 year period. Any person convicted
5    of unlawful sale or delivery of firearms in violation of
6    paragraph (l) of subsection (A) commits a Class X felony
7    for which he or she shall be sentenced to a term of
8    imprisonment of not less than 6 years and not more than 60
9    years if the delivery is of 31 or more firearms at the same
10    time or within a 5 year period.
11    (D) For purposes of this Section:
12    "School" means a public or private elementary or secondary
13school, community college, college, or university.
14    "School related activity" means any sporting, social,
15academic, or other activity for which students' attendance or
16participation is sponsored, organized, or funded in whole or in
17part by a school or school district.
18    (E) A prosecution for a violation of paragraph (k) of
19subsection (A) of this Section may be commenced within 6 years
20after the commission of the offense. A prosecution for a
21violation of this Section other than paragraph (g) of
22subsection (A) of this Section may be commenced within 5 years
23after the commission of the offense defined in the particular
24paragraph.
25(Source: P.A. 98-508, eff. 8-19-13; 99-29, eff. 7-10-15;
2699-143, eff. 7-27-15; 99-642, eff. 7-28-16.)