Rep. Kathleen Willis

Filed: 4/8/2019

 

 


 

 


 
10100HB0096ham001LRB101 02938 SLF 59467 a

1
AMENDMENT TO HOUSE BILL 96

2    AMENDMENT NO. ______. Amend House Bill 96 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Firearm Owners Identification Card Act is
5amended by changing Sections 3, 3a, 3.1, 4, 6, 7, 9.5, and 14
6as follows:
 
7    (430 ILCS 65/3)  (from Ch. 38, par. 83-3)
8    Sec. 3. (a) No Except as provided in Section 3a, no person
9may knowingly transfer, or cause to be transferred, any
10firearm, firearm ammunition, stun gun, or taser to any person
11within this State unless the transferee with whom he deals
12displays either: (1) a currently valid Firearm Owner's
13Identification Card which has previously been issued in his or
14her name by the Department of State Police under the provisions
15of this Act; or (2) a currently valid license to carry a
16concealed firearm which has previously been issued in his or

 

 

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1her name by the Department of State Police under the Firearm
2Concealed Carry Act. In addition, all firearm, stun gun, and
3taser transfers by federally licensed firearm dealers are
4subject to Section 3.1.
5    (a-5) (Blank). Any person who is not a federally licensed
6firearm dealer and who desires to transfer or sell a firearm
7while that person is on the grounds of a gun show must, before
8selling or transferring the firearm, request the Department of
9State Police to conduct a background check on the prospective
10recipient of the firearm in accordance with Section 3.1.
11    (a-10) Notwithstanding item (2) of subsection (a) of this
12Section, any person who is not a federally licensed firearm
13dealer and who desires to transfer or sell a firearm or
14firearms to any person who is not a federally licensed firearm
15dealer shall do so only through a federally licensed firearms
16dealer as follows:
17        (1) seller or transferor shall give the firearm to the
18    federally licensed firearms dealer, who shall retain
19    possession of the firearm until every legal requirement for
20    the sale or transfer has been met;
21        (2) federally licensed firearms dealer shall process
22    the sale or other transfer in compliance with any federal,
23    State, and local law, including a background check on the
24    buyer or transferee in accordance with 18 U.S.C. 922(t) and
25    Section 3.1;
26            (A) if the transaction is not legally prohibited,

 

 

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1        the federally licensed firearm dealer shall transfer
2        the firearm to the buyer or transferee;
3            (B) if the transaction is legally prohibited, the
4        federally licensed firearm dealer shall conduct a
5        background check under paragraph (2) of this
6        subsection (a-10) on the transferee or seller before
7        returning the firearm;
8            (C) if the federally licensed firearm dealer
9        cannot return the firearm to either party, the dealer
10        shall notify a local law enforcement agency within 24
11        hours to take possession of the firearm;
12            (D) if there is a delay in completing a background
13        check, the federally licensed firearms dealer shall
14        maintain possession of the firearm until the
15        background check is completed;
16        (3) federally licensed firearms dealer shall ensure
17    that all required documentation of the sale or transfer are
18    maintained in accordance with federal, State, and local
19    law, including but not limited to, the completion of The
20    Bureau of Alcohol, Tobacco, Firearms, and Explosives
21    Firearm Transaction Record Form 4473 which shall be open to
22    inspection during normal business hours by any local,
23    State, or federal law enforcement agency; and
24        (4) federally licensed firearms dealer may charge a fee
25    not to exceed $10 to perform the sale or transfer under
26    this Section.

 

 

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1    This subsection shall not apply to sales or transfers by a:
2        (A) law enforcement, corrections, or active duty
3    military officer acting within the course of his or her
4    employment or official duties;
5        (B) person acting under operation of law or court
6    order;
7        (C) gunsmith who receives the firearm solely for the
8    purpose of service or repair;
9        (D) person acting on behalf of a common carrier or
10    other business for purposes of transportation or storage in
11    the ordinary course of his or her business;
12        (E) person who is loaned a firearm while on the
13    premises of a licensed shooting range for the sole purpose
14    of shooting at targets, as long as the firearm is kept
15    within the premises of the shooting range;
16        (F) minor who is loaned a firearm for lawful hunting or
17    sporting purposes while under the direct supervision of an
18    adult;
19        (G) person who acquires a firearm upon the death of
20    another person from a will, bequest, inheritance, or as a
21    bona fide gift from an immediate family member, as long as
22    he or she notifies the Department of State Police under
23    Section 3.1 within 60 days, at which time the Department of
24    State Police shall conduct a background check on the
25    person. In this paragraph, "immediate family member" means
26    a spouse, domestic partner, children, step-children,

 

 

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1    parents, or step-parents; or
2        (H) person who transfers a firearm to a law enforcement
3    agency as part of a voluntary, authorized law enforcement
4    agency firearm buyback program. , before selling or
5    transferring the firearms, contact the Department of State
6    Police with the transferee's or purchaser's Firearm
7    Owner's Identification Card number to determine the
8    validity of the transferee's or purchaser's Firearm
9    Owner's Identification Card. This subsection shall not be
10    effective until January 1, 2014. The Department of State
11    Police may adopt rules concerning the implementation of
12    this subsection. The Department of State Police shall
13    provide the seller or transferor an approval number if the
14    purchaser's Firearm Owner's Identification Card is valid.
15    Approvals issued by the Department for the purchase of a
16    firearm pursuant to this subsection are valid for 30 days
17    from the date of issue.
18    (a-15) (Blank). The provisions of subsection (a-10) of this
19Section do not apply to:
20        (1) transfers that occur at the place of business of a
21    federally licensed firearm dealer, if the federally
22    licensed firearm dealer conducts a background check on the
23    prospective recipient of the firearm in accordance with
24    Section 3.1 of this Act and follows all other applicable
25    federal, State, and local laws as if he or she were the
26    seller or transferor of the firearm, although the dealer is

 

 

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1    not required to accept the firearm into his or her
2    inventory. The purchaser or transferee may be required by
3    the federally licensed firearm dealer to pay a fee not to
4    exceed $10 per firearm, which the dealer may retain as
5    compensation for performing the functions required under
6    this paragraph, plus the applicable fees authorized by
7    Section 3.1;
8        (2) transfers as a bona fide gift to the transferor's
9    husband, wife, son, daughter, stepson, stepdaughter,
10    father, mother, stepfather, stepmother, brother, sister,
11    nephew, niece, uncle, aunt, grandfather, grandmother,
12    grandson, granddaughter, father-in-law, mother-in-law,
13    son-in-law, or daughter-in-law;
14        (3) transfers by persons acting pursuant to operation
15    of law or a court order;
16        (4) transfers on the grounds of a gun show under
17    subsection (a-5) of this Section;
18        (5) the delivery of a firearm by its owner to a
19    gunsmith for service or repair, the return of the firearm
20    to its owner by the gunsmith, or the delivery of a firearm
21    by a gunsmith to a federally licensed firearms dealer for
22    service or repair and the return of the firearm to the
23    gunsmith;
24        (6) temporary transfers that occur while in the home of
25    the unlicensed transferee, if the unlicensed transferee is
26    not otherwise prohibited from possessing firearms and the

 

 

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1    unlicensed transferee reasonably believes that possession
2    of the firearm is necessary to prevent imminent death or
3    great bodily harm to the unlicensed transferee;
4        (7) transfers to a law enforcement or corrections
5    agency or a law enforcement or corrections officer acting
6    within the course and scope of his or her official duties;
7        (8) transfers of firearms that have been rendered
8    permanently inoperable to a nonprofit historical society,
9    museum, or institutional collection; and
10        (9) transfers to a person who is exempt from the
11    requirement of possessing a Firearm Owner's Identification
12    Card under Section 2 of this Act.
13    (a-17) Within 30 days of the effective date of this
14amendatory Act of the 101st General Assembly, the Department of
15State Police shall give notice to each Firearm Owner's
16Identification Card holder of the changes made by this
17amendatory Act of the 101st General Assembly. As soon as
18practical, the Department shall include upon the back of each
19Firearm Owner's Identification Card a statement that reflects
20the changes made by this amendatory Act of the 101st General
21Assembly.
22    (a-20) (Blank). The Department of State Police shall
23develop an Internet-based system for individuals to determine
24the validity of a Firearm Owner's Identification Card prior to
25the sale or transfer of a firearm. The Department shall have
26the Internet-based system completed and available for use by

 

 

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1July 1, 2015. The Department shall adopt rules not inconsistent
2with this Section to implement this system.
3    (b) (Blank). Any person within this State who transfers or
4causes to be transferred any firearm, stun gun, or taser shall
5keep a record of such transfer for a period of 10 years from
6the date of transfer. Such record shall contain the date of the
7transfer; the description, serial number or other information
8identifying the firearm, stun gun, or taser if no serial number
9is available; and, if the transfer was completed within this
10State, the transferee's Firearm Owner's Identification Card
11number and any approval number or documentation provided by the
12Department of State Police pursuant to subsection (a-10) of
13this Section; if the transfer was not completed within this
14State, the record shall contain the name and address of the
15transferee. On or after January 1, 2006, the record shall
16contain the date of application for transfer of the firearm. On
17demand of a peace officer such transferor shall produce for
18inspection such record of transfer. If the transfer or sale
19took place at a gun show, the record shall include the unique
20identification number. Failure to record the unique
21identification number or approval number is a petty offense.
22For transfers of a firearm, stun gun, or taser made on or after
23the effective date of this amendatory Act of the 100th General
24Assembly, failure by the private seller to maintain the
25transfer records in accordance with this Section is a Class A
26misdemeanor for the first offense and a Class 4 felony for a

 

 

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1second or subsequent offense. A transferee shall not be
2criminally liable under this Section provided that he or she
3provides the Department of State Police with the transfer
4records in accordance with procedures established by the
5Department. The Department shall establish, by rule, a standard
6form on its website.
7    (b-5) Any resident may purchase ammunition from a person
8within or outside of Illinois if shipment is by United States
9mail or by a private express carrier authorized by federal law
10to ship ammunition. Any resident purchasing ammunition within
11or outside the State of Illinois must provide the seller with a
12copy of his or her valid Firearm Owner's Identification Card or
13valid concealed carry license and either his or her Illinois
14driver's license or Illinois State Identification Card prior to
15the shipment of the ammunition. The ammunition may be shipped
16only to an address on either of those 2 documents.
17    (c) The provisions of this Section regarding the transfer
18of firearm ammunition shall not apply to those persons
19specified in paragraph (b) of Section 2 of this Act.
20(Source: P.A. 99-29, eff. 7-10-15; 100-1178, eff. 1-18-19.)
 
21    (430 ILCS 65/3a)  (from Ch. 38, par. 83-3a)
22    Sec. 3a. (a) Any resident of Illinois who has obtained a
23firearm owner's identification card pursuant to this Act and
24who is not otherwise prohibited from obtaining, possessing or
25using a firearm may purchase or obtain a rifle or shotgun or

 

 

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1ammunition for a rifle or shotgun in Iowa, Missouri, Indiana,
2Wisconsin or Kentucky.
3    (b) Any resident of Iowa, Missouri, Indiana, Wisconsin or
4Kentucky or a non-resident with a valid non-resident hunting
5license, who is 18 years of age or older and who is not
6prohibited by the laws of Illinois, the state of his domicile,
7or the United States from obtaining, possessing or using a
8firearm, may purchase or obtain a rifle, shotgun or ammunition
9for a rifle or shotgun in Illinois.
10    (b-5) Any non-resident who is participating in a sanctioned
11competitive shooting event, who is 18 years of age or older and
12who is not prohibited by the laws of Illinois, the state of his
13or her domicile, or the United States from obtaining,
14possessing, or using a firearm, may purchase or obtain a
15shotgun or shotgun ammunition in Illinois for the purpose of
16participating in that event. A person may purchase or obtain a
17shotgun or shotgun ammunition under this subsection only at the
18site where the sanctioned competitive shooting event is being
19held.
20    (b-10) Any non-resident registered competitor or attendee
21of a competitive shooting event held at the World Shooting
22Complex sanctioned by a national governing body, who is not
23prohibited by the laws of Illinois, the state of his or her
24domicile, or the United States from obtaining, possessing, or
25using a firearm may purchase or obtain a rifle, shotgun, or
26other long gun or ammunition for a rifle, shotgun, or other

 

 

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1long gun at the competitive shooting event. The sanctioning
2body shall provide a list of registered competitors and
3attendees as required under subparagraph (5) of paragraph (g)
4of subsection (A) of Section 24-3 of the Criminal Code of 2012.
5A competitor or attendee of a competitive shooting event who
6does not wish to purchase a firearm at the event is not
7required to register or have his or her name appear on a list
8of registered competitors and attendees provided to the
9Department of State Police by the sanctioning body.
10    (c) Any transaction under this Section is subject to the
11provisions of Section 3 and the Gun Control Act of 1968 (18
12U.S.C. 922 (b)(3)).
13(Source: P.A. 99-29, eff. 7-10-15.)
 
14    (430 ILCS 65/3.1)  (from Ch. 38, par. 83-3.1)
15    Sec. 3.1. Dial up system.
16    (a) The Department of State Police shall provide a dial up
17telephone system or utilize other existing technology which
18shall be used by any individual or entity federally licensed
19firearm dealer, gun show promoter, or gun show vendor who is to
20transfer a firearm, stun gun, or taser under the provisions of
21this Act. The Department of State Police may utilize existing
22technology which allows the caller to be charged a fee not to
23exceed $2. Fees collected by the Department of State Police
24shall be deposited in the State Police Services Fund and used
25to provide the service.

 

 

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1    (b) Upon receiving a request from a federally licensed
2firearm dealer, gun show promoter, or gun show vendor, the
3Department of State Police shall immediately approve, or within
4the time period established by Section 24-3 of the Criminal
5Code of 2012 regarding the delivery of firearms, stun guns, and
6tasers notify the inquiring dealer, gun show promoter, or gun
7show vendor of any objection that would disqualify the
8transferee from acquiring or possessing a firearm, stun gun, or
9taser. In conducting the inquiry, the Department of State
10Police shall initiate and complete an automated search of its
11criminal history record information files and those of the
12Federal Bureau of Investigation, including the National
13Instant Criminal Background Check System, and of the files of
14the Department of Human Services relating to mental health and
15developmental disabilities to obtain any prohibiting
16information felony conviction or patient hospitalization
17information which would disqualify a person from obtaining or
18require revocation of a currently valid Firearm Owner's
19Identification Card.
20    (c) If receipt of a firearm would not violate Section 24-3
21of the Criminal Code of 2012, federal law, or this Act the
22Department of State Police shall:
23        (1) assign a unique identification number to the
24    transfer; and
25        (2) provide the licensee, gun show promoter, or gun
26    show vendor with the number.

 

 

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1    (d) Approvals issued by the Department of State Police for
2the purchase of a firearm are valid for 30 days from the date
3of issue.
4    (e) (1) The Department of State Police must act as the
5Illinois Point of Contact for the National Instant Criminal
6Background Check System.
7    (2) The Department of State Police and the Department of
8Human Services shall, in accordance with State and federal law
9regarding confidentiality, enter into a memorandum of
10understanding with the Federal Bureau of Investigation for the
11purpose of implementing the National Instant Criminal
12Background Check System in the State. The Department of State
13Police shall report the name, date of birth, and physical
14description of any person prohibited from possessing a firearm
15pursuant to the Firearm Owners Identification Card Act or 18
16U.S.C. 922(g) and (n) to the National Instant Criminal
17Background Check System Index, Denied Persons Files.
18    (3) The Department of State Police shall provide notice of
19the disqualification of a person under subsection (b) of this
20Section or the revocation of a person's Firearm Owner's
21Identification Card under Section 8 or Section 8.2 of this Act,
22and the reason for the disqualification or revocation, to all
23law enforcement agencies with jurisdiction to assist with the
24seizure of the person's Firearm Owner's Identification Card.
25    (f) The Department of State Police shall adopt rules not
26inconsistent with this Section to implement this system.

 

 

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1(Source: P.A. 98-63, eff. 7-9-13; 99-787, eff. 1-1-17.)
 
2    (430 ILCS 65/4)  (from Ch. 38, par. 83-4)
3    Sec. 4. (a) Each applicant for a Firearm Owner's
4Identification Card must:
5        (1) Make application in person with the Department of
6    State Police on blank forms prepared and furnished at
7    convenient locations throughout the State by the
8    Department of State Police, or by electronic means, if and
9    when made available by the Department of State Police; and
10        (2) Submit evidence to the Department of State Police
11    in person with the Department of State Police that:
12            (i) He or she is 21 years of age or over, or if he
13        or she is under 21 years of age that he or she has the
14        written consent of his or her parent or legal guardian
15        to possess and acquire firearms and firearm ammunition
16        and that he or she has never been convicted of a
17        misdemeanor other than a traffic offense or adjudged
18        delinquent, provided, however, that such parent or
19        legal guardian is not an individual prohibited from
20        having a Firearm Owner's Identification Card and files
21        an affidavit with the Department as prescribed by the
22        Department stating that he or she is not an individual
23        prohibited from having a Card;
24            (ii) He or she has not been convicted of a felony
25        under the laws of this or any other jurisdiction;

 

 

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1            (iii) He or she is not addicted to narcotics;
2            (iv) He or she has not been a patient in a mental
3        health facility within the past 5 years or, if he or
4        she has been a patient in a mental health facility more
5        than 5 years ago submit the certification required
6        under subsection (u) of Section 8 of this Act;
7            (v) He or she is not a person with an intellectual
8        disability;
9            (vi) He or she is not an alien who is unlawfully
10        present in the United States under the laws of the
11        United States;
12            (vii) He or she is not subject to an existing order
13        of protection prohibiting him or her from possessing a
14        firearm;
15            (viii) He or she has not been convicted within the
16        past 5 years of battery, assault, aggravated assault,
17        violation of an order of protection, or a substantially
18        similar offense in another jurisdiction, in which a
19        firearm was used or possessed;
20            (ix) He or she has not been convicted of domestic
21        battery, aggravated domestic battery, or a
22        substantially similar offense in another jurisdiction
23        committed before, on or after January 1, 2012 (the
24        effective date of Public Act 97-158). If the applicant
25        knowingly and intelligently waives the right to have an
26        offense described in this clause (ix) tried by a jury,

 

 

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1        and by guilty plea or otherwise, results in a
2        conviction for an offense in which a domestic
3        relationship is not a required element of the offense
4        but in which a determination of the applicability of 18
5        U.S.C. 922(g)(9) is made under Section 112A-11.1 of the
6        Code of Criminal Procedure of 1963, an entry by the
7        court of a judgment of conviction for that offense
8        shall be grounds for denying the issuance of a Firearm
9        Owner's Identification Card under this Section;
10            (x) (Blank);
11            (xi) He or she is not an alien who has been
12        admitted to the United States under a non-immigrant
13        visa (as that term is defined in Section 101(a)(26) of
14        the Immigration and Nationality Act (8 U.S.C.
15        1101(a)(26))), or that he or she is an alien who has
16        been lawfully admitted to the United States under a
17        non-immigrant visa if that alien is:
18                (1) admitted to the United States for lawful
19            hunting or sporting purposes;
20                (2) an official representative of a foreign
21            government who is:
22                    (A) accredited to the United States
23                Government or the Government's mission to an
24                international organization having its
25                headquarters in the United States; or
26                    (B) en route to or from another country to

 

 

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1                which that alien is accredited;
2                (3) an official of a foreign government or
3            distinguished foreign visitor who has been so
4            designated by the Department of State;
5                (4) a foreign law enforcement officer of a
6            friendly foreign government entering the United
7            States on official business; or
8                (5) one who has received a waiver from the
9            Attorney General of the United States pursuant to
10            18 U.S.C. 922(y)(3);
11            (xii) He or she is not a minor subject to a
12        petition filed under Section 5-520 of the Juvenile
13        Court Act of 1987 alleging that the minor is a
14        delinquent minor for the commission of an offense that
15        if committed by an adult would be a felony;
16            (xiii) He or she is not an adult who had been
17        adjudicated a delinquent minor under the Juvenile
18        Court Act of 1987 for the commission of an offense that
19        if committed by an adult would be a felony;
20            (xiv) He or she is a resident of the State of
21        Illinois;
22            (xv) He or she has not been adjudicated as a person
23        with a mental disability;
24            (xvi) He or she has not been involuntarily admitted
25        into a mental health facility; and
26            (xvii) He or she is not a person with a

 

 

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1        developmental disability; and
2        (3) Upon request by the Department of State Police,
3    sign a release on a form prescribed by the Department of
4    State Police waiving any right to confidentiality and
5    requesting the disclosure to the Department of State Police
6    of limited mental health institution admission information
7    from another state, the District of Columbia, any other
8    territory of the United States, or a foreign nation
9    concerning the applicant for the sole purpose of
10    determining whether the applicant is or was a patient in a
11    mental health institution and disqualified because of that
12    status from receiving a Firearm Owner's Identification
13    Card. No mental health care or treatment records may be
14    requested. The information received shall be destroyed
15    within one year of receipt.
16    (a-5) Each applicant for a Firearm Owner's Identification
17Card who is over the age of 18 shall furnish to the Department
18of State Police either his or her Illinois driver's license
19number or Illinois Identification Card number, except as
20provided in subsection (a-10).
21    (a-10) Each applicant for a Firearm Owner's Identification
22Card, who is employed as a law enforcement officer, an armed
23security officer in Illinois, or by the United States Military
24permanently assigned in Illinois and who is not an Illinois
25resident, shall furnish to the Department of State Police his
26or her driver's license number or state identification card

 

 

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1number from his or her state of residence. The Department of
2State Police may adopt rules to enforce the provisions of this
3subsection (a-10).
4    (a-15) If an applicant applying for a Firearm Owner's
5Identification Card moves from the residence address named in
6the application, he or she shall immediately notify in a form
7and manner prescribed by the Department of State Police of that
8change of address.
9    (a-20) Each applicant for a Firearm Owner's Identification
10Card shall furnish to the Department of State Police his or her
11photograph. An applicant who is 21 years of age or older
12seeking a religious exemption to the photograph requirement
13must furnish with the application an approved copy of United
14States Department of the Treasury Internal Revenue Service Form
154029. In lieu of a photograph, an applicant regardless of age
16seeking a religious exemption to the photograph requirement
17shall submit fingerprints on a form and manner prescribed by
18the Department with his or her application.
19    (a-25) Beginning 180 days after the effective date of this
20amendatory Act of the 101st General Assembly, each applicant
21for the issuance or renewal of a Firearm Owner's Identification
22Card shall include a full set of his or her fingerprints in
23electronic format to the Department of State Police for the
24purpose of identity verification, unless the applicant has
25previously provided a full set of his or her fingerprints to
26the Department under this Act or the Firearm Concealed Carry

 

 

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1Act.
2        (1) The fingerprints must be transmitted through a live
3    scan fingerprint vendor licensed by the Department of
4    Financial and Professional Regulation or a criminal
5    justice agency authorized by the Department to submit
6    fingerprints under this Act or the Firearm Concealed Carry
7    Act. These fingerprints shall be checked against the
8    fingerprint records now and hereafter filed in the
9    Department and Federal Bureau of Investigation criminal
10    history records databases, including all available state
11    and local criminal history record information files,
12    including records of juvenile adjudications.
13        (2) The Department shall charge applicants a fee for
14    conducting the criminal history record check, which shall
15    be deposited in the State Police Services Fund and shall
16    not exceed the actual cost of the State and national
17    criminal history record check.
18    (b) Each application form shall include the following
19statement printed in bold type: "Warning: Entering false
20information on an application for a Firearm Owner's
21Identification Card is punishable as a Class 2 felony in
22accordance with subsection (d-5) of Section 14 of the Firearm
23Owners Identification Card Act.".
24    (c) Upon such written consent, pursuant to Section 4,
25paragraph (a)(2)(i), the parent or legal guardian giving the
26consent shall be liable for any damages resulting from the

 

 

10100HB0096ham001- 21 -LRB101 02938 SLF 59467 a

1applicant's use of firearms or firearm ammunition.
2(Source: P.A. 98-63, eff. 7-9-13; 99-143, eff. 7-27-15.)
 
3    (430 ILCS 65/6)  (from Ch. 38, par. 83-6)
4    Sec. 6. Contents of Firearm Owner's Identification Card.
5    (a) A Firearm Owner's Identification Card, issued by the
6Department of State Police at such places as the Director of
7the Department shall specify, shall contain the applicant's
8name, residence, date of birth, sex, physical description,
9recent photograph, except as provided in subsection (c-5), and
10signature. Each Firearm Owner's Identification Card must have
11the expiration date boldly and conspicuously displayed on the
12face of the card. Each Firearm Owner's Identification Card must
13have printed on it the following: "CAUTION - This card does not
14permit bearer to UNLAWFULLY carry or use firearms." Before
15December 1, 2002, the Department may use a person's digital
16photograph and signature from his or her Illinois driver's
17license or Illinois Identification Card, if available. On and
18after December 1, 2002, the Department shall use a person's
19digital photograph and signature from his or her Illinois
20driver's license or Illinois Identification Card, if
21available. The Department shall decline to use a person's
22digital photograph or signature if the digital photograph or
23signature is the result of or associated with fraudulent or
24erroneous data, unless otherwise provided by law. Prior to
25issuing a Firearm Owner's Identification Card, the Department

 

 

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1must provide an applicant with the following statement in
2printed form: "Warning: The presence of a firearm in the home
3has been associated with an increased risk of death to self and
4others, including an increased risk of suicide, death during
5domestic violence incidents, and unintentional deaths to
6children and others."
7    (b) A person applying for a Firearm Owner's Identification
8Card shall consent to the Department of State Police using the
9applicant's digital driver's license or Illinois
10Identification Card photograph, if available, and signature on
11the applicant's Firearm Owner's Identification Card. The
12Secretary of State shall allow the Department of State Police
13access to the photograph and signature for the purpose of
14identifying the applicant and issuing to the applicant a
15Firearm Owner's Identification Card.
16    (c) The Secretary of State shall conduct a study to
17determine the cost and feasibility of creating a method of
18adding an identifiable code, background, or other means on the
19driver's license or Illinois Identification Card to show that
20an individual is not disqualified from owning or possessing a
21firearm under State or federal law. The Secretary shall report
22the findings of this study 12 months after the effective date
23of this amendatory Act of the 92nd General Assembly.
24    (c-5) If a person qualifies for a photograph exemption, in
25lieu of a photograph, the Firearm Owner's Identification Card
26shall contain a copy of the card holder's fingerprints. Each

 

 

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1Firearm Owner's Identification Card described in this
2subsection (c-5) must have printed on it the following: "This
3card is only valid for firearm purchases through a federally
4licensed firearms dealer when presented with photographic
5identification, as prescribed by 18 U.S.C. 922(t)(1)(C)."
6(Source: P.A. 97-1131, eff. 1-1-13.)
 
7    (430 ILCS 65/7)  (from Ch. 38, par. 83-7)
8    Sec. 7. Validity of Firearm Owner's Identification Card.
9    (a) Except as provided in Section 8 of this Act or
10subsection (b) of this Section, a Firearm Owner's
11Identification Card issued under the provisions of this Act
12shall be valid for the person to whom it is issued for a period
13of 5 10 years from the date of issuance.
14    (b) If a renewal application is submitted to the Department
15before the expiration date of the applicant's current Firearm
16Owner's Identification Card, the Firearm Owner's
17Identification Card shall remain valid for a period of 60
18business days, unless the person is subject to or becomes
19subject to revocation under this Act.
20(Source: P.A. 100-906, eff. 1-1-19.)
 
21    (430 ILCS 65/9.5)
22    Sec. 9.5. Revocation of Firearm Owner's Identification
23Card.
24    (a) A person who receives a revocation notice under Section

 

 

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19 of this Act shall, within 48 hours of receiving notice of the
2revocation:
3        (1) surrender his or her Firearm Owner's
4    Identification Card to the local law enforcement agency
5    where the person resides. The local law enforcement agency
6    shall provide the person a receipt and transmit the Firearm
7    Owner's Identification Card to the Department of State
8    Police; and
9        (2) complete a Firearm Disposition Record on a form
10    prescribed by the Department of State Police and place his
11    or her firearms in the location or with the person reported
12    in the Firearm Disposition Record. The form shall require
13    the person to disclose:
14            (A) the make, model, and serial number of each
15        firearm owned by or under the custody and control of
16        the revoked person;
17            (B) the location where each firearm will be
18        maintained during the prohibited term; and
19            (C) if any firearm will be transferred to the
20        custody of another person, the name, address and
21        Firearm Owner's Identification Card number of the
22        transferee.
23    (b) The local law enforcement agency shall provide a copy
24of the Firearm Disposition Record to the person whose Firearm
25Owner's Identification Card has been revoked and to the
26Department of State Police.

 

 

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1    (c) If the person whose Firearm Owner's Identification Card
2has been revoked fails to comply with the requirements of this
3Section, the sheriff or law enforcement agency where the person
4resides shall may petition the circuit court to issue a warrant
5to search for and seize the Firearm Owner's Identification Card
6and firearms in the possession or under the custody or control
7of the person whose Firearm Owner's Identification Card has
8been revoked if the sheriff or local law enforcement agency
9believes there is probable cause to obtain such a warrant.
10    (d) A violation of subsection (a) of this Section is a
11Class A misdemeanor.
12    (e) The observation of a Firearm Owner's Identification
13Card in the possession of a person whose Firearm Owner's
14Identification Card has been revoked constitutes a sufficient
15basis for the arrest of that person for violation of this
16Section.
17    (f) Within 30 days after the effective date of this
18amendatory Act of the 98th General Assembly, the Department of
19State Police shall provide written notice of the requirements
20of this Section to persons whose Firearm Owner's Identification
21Cards have been revoked, suspended, or expired and who have
22failed to surrender their cards to the Department.
23    (g) A person whose Firearm Owner's Identification Card has
24been revoked and who received notice under subsection (f) shall
25comply with the requirements of this Section within 48 hours of
26receiving notice.

 

 

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1(Source: P.A. 98-63, eff. 7-9-13.)
 
2    (430 ILCS 65/14)  (from Ch. 38, par. 83-14)
3    Sec. 14. Sentence.
4    (a) Except as provided in subsection (a-5), a violation of
5paragraph (1) of subsection (a) of Section 2, when the person's
6Firearm Owner's Identification Card is expired but the person
7is not otherwise disqualified from renewing the card, is a
8Class A misdemeanor.
9    (a-5) A violation of paragraph (1) of subsection (a) of
10Section 2, when the person's Firearm Owner's Identification
11Card is expired but the person is not otherwise disqualified
12from owning, purchasing, or possessing firearms, is a petty
13offense if the card was expired for 6 months or less from the
14date of expiration.
15    (b) Except as provided in subsection (a) with respect to an
16expired card, a violation of paragraph (1) of subsection (a) of
17Section 2 is a Class A misdemeanor when the person does not
18possess a currently valid Firearm Owner's Identification Card,
19but is otherwise eligible under this Act. A second or
20subsequent violation is a Class 4 felony.
21    (c) A violation of paragraph (1) of subsection (a) of
22Section 2 is a Class 3 felony when:
23        (1) the person's Firearm Owner's Identification Card
24    is revoked or subject to revocation under Section 8; or
25        (2) the person's Firearm Owner's Identification Card

 

 

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1    is expired and not otherwise eligible for renewal under
2    this Act; or
3        (3) the person does not possess a currently valid
4    Firearm Owner's Identification Card, and the person is not
5    otherwise eligible under this Act.
6    (d) A violation of subsection (a) or (a-5) of Section 3 is
7a Class 4 felony. A third or subsequent conviction is a Class 1
8felony.
9    (d-5) Any person who knowingly enters false information on
10an application for a Firearm Owner's Identification Card, who
11knowingly gives a false answer to any question on the
12application, or who knowingly submits false evidence in
13connection with an application is guilty of a Class 2 felony.
14    (e) Except as provided by Section 6.1 of this Act, any
15other violation of this Act is a Class A misdemeanor.
16(Source: P.A. 97-1131, eff. 1-1-13.)
 
17    Section 10. The Firearm Concealed Carry Act is amended by
18changing Sections 30, 35, and 50 as follows:
 
19    (430 ILCS 66/30)
20    Sec. 30. Contents of license application.
21    (a) The license application shall be in writing, under
22penalty of perjury, on a standard form adopted by the
23Department and shall be accompanied by the documentation
24required in this Section and the applicable fee. Each

 

 

10100HB0096ham001- 28 -LRB101 02938 SLF 59467 a

1application form shall include the following statement printed
2in bold type: "Warning: Entering false information on this form
3is punishable as perjury under Section 32-2 of the Criminal
4Code of 2012."
5    (b) The application shall contain the following:
6        (1) the applicant's name, current address, date and
7    year of birth, place of birth, height, weight, hair color,
8    eye color, maiden name or any other name the applicant has
9    used or identified with, and any address where the
10    applicant resided for more than 30 days within the 10 years
11    preceding the date of the license application;
12        (2) the applicant's valid driver's license number or
13    valid state identification card number;
14        (3) a waiver of the applicant's privacy and
15    confidentiality rights and privileges under all federal
16    and state laws, including those limiting access to juvenile
17    court, criminal justice, psychological, or psychiatric
18    records or records relating to any institutionalization of
19    the applicant, and an affirmative request that a person
20    having custody of any of these records provide it or
21    information concerning it to the Department. The waiver
22    only applies to records sought in connection with
23    determining whether the applicant qualifies for a license
24    to carry a concealed firearm under this Act, or whether the
25    applicant remains in compliance with the Firearm Owners
26    Identification Card Act;

 

 

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1        (4) an affirmation that the applicant possesses a
2    currently valid Firearm Owner's Identification Card and
3    card number if possessed or notice the applicant is
4    applying for a Firearm Owner's Identification Card in
5    conjunction with the license application;
6        (5) an affirmation that the applicant has not been
7    convicted or found guilty of:
8            (A) a felony;
9            (B) a misdemeanor involving the use or threat of
10        physical force or violence to any person within the 5
11        years preceding the date of the application; or
12            (C) 2 or more violations related to driving while
13        under the influence of alcohol, other drug or drugs,
14        intoxicating compound or compounds, or any combination
15        thereof, within the 5 years preceding the date of the
16        license application; and
17        (6) whether the applicant has failed a drug test for a
18    drug for which the applicant did not have a prescription,
19    within the previous year, and if so, the provider of the
20    test, the specific substance involved, and the date of the
21    test;
22        (7) written consent for the Department to review and
23    use the applicant's Illinois digital driver's license or
24    Illinois identification card photograph and signature;
25        (8) a full set of fingerprints submitted to the
26    Department in electronic format for the purpose of

 

 

10100HB0096ham001- 30 -LRB101 02938 SLF 59467 a

1    verification of identity in a form and manner prescribed by
2    the Department, unless the applicant has previously
3    provided a full set of his or her fingerprints to the
4    Department under the Firearm Owners Identification Card
5    Act; , provided the Department may accept an application
6    submitted without a set of fingerprints in which case the
7    Department shall be granted 30 days in addition to the 90
8    days provided under subsection (e) of Section 10 of this
9    Act to issue or deny a license;
10        (9) a head and shoulder color photograph in a size
11    specified by the Department taken within the 30 days
12    preceding the date of the license application; and
13        (10) a photocopy of any certificates or other evidence
14    of compliance with the training requirements under this
15    Act.
16(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15.)
 
17    (430 ILCS 66/35)
18    Sec. 35. Investigation of the applicant.
19    The Department shall conduct a background check of the
20applicant to ensure compliance with the requirements of this
21Act and all federal, State, and local laws. The background
22check shall include a search of the following:
23        (1) the National Instant Criminal Background Check
24    System of the Federal Bureau of Investigation;
25        (2) all available state and local criminal history

 

 

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1    record information files, including records of juvenile
2    adjudications;
3        (3) all available federal, state, and local records
4    regarding wanted persons;
5        (4) all available federal, state, and local records of
6    domestic violence restraining and protective orders;
7        (5) the files of the Department of Human Services
8    relating to mental health and developmental disabilities;
9    and
10        (6) all other available records of a federal, state, or
11    local agency or other public entity in any jurisdiction
12    likely to contain information relevant to whether the
13    applicant is prohibited from purchasing, possessing, or
14    carrying a firearm under federal, state, or local law.
15    Fingerprints collected under Section 30 shall be checked
16against the Department of State Police and Federal Bureau of
17Investigation criminal history record databases now and
18hereafter filed. The Department shall charge applicants a fee
19for conducting the criminal history records check, which shall
20be deposited in the State Police Services Fund and shall not
21exceed the actual cost of the records check.
22    The Department may deny an applicant if law enforcement
23determines that the applicant poses a significant danger of
24causing bodily injury to himself, herself, or another person in
25the near future by possessing a concealed firearm. If the
26applicant has been denied because the Department determines

 

 

10100HB0096ham001- 32 -LRB101 02938 SLF 59467 a

1that he or she poses a significant danger to himself, herself,
2or another person in the near future, the Department shall
3specify the basis for that determination.
4(Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14.)
 
5    (430 ILCS 66/50)
6    Sec. 50. License renewal. Applications for renewal of a
7license shall be made to the Department. A license shall be
8renewed for a period of 5 years upon receipt of a completed
9renewal application, completion of 3 hours of training required
10under Section 75 of this Act, payment of the applicable renewal
11fee, and completion of an investigation under Section 35 of
12this Act. The renewal application shall contain the information
13required in Section 30 of this Act, except that the applicant
14need not resubmit a full set of fingerprints if the applicant
15has previously provided a full set of his or her fingerprints
16to the Department under this Act or the Firearm Owners
17Identification Card Act.
18(Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14.)
 
19    Section 15. The Criminal Code of 2012 is amended by
20changing Section 24-3 as follows:
 
21    (720 ILCS 5/24-3)  (from Ch. 38, par. 24-3)
22    Sec. 24-3. Unlawful sale or delivery of firearms.
23    (A) A person commits the offense of unlawful sale or

 

 

10100HB0096ham001- 33 -LRB101 02938 SLF 59467 a

1delivery of firearms when he or she knowingly does any of the
2following:
3        (a) Sells or gives any firearm of a size which may be
4    concealed upon the person to any person under 18 years of
5    age.
6        (b) Sells or gives any firearm to a person under 21
7    years of age who has been convicted of a misdemeanor other
8    than a traffic offense or adjudged delinquent.
9        (c) Sells or gives any firearm to any narcotic addict.
10        (d) Sells or gives any firearm to any person who has
11    been convicted of a felony under the laws of this or any
12    other jurisdiction.
13        (e) Sells or gives any firearm to any person who has
14    been a patient in a mental institution within the past 5
15    years. In this subsection (e):
16            "Mental institution" means any hospital,
17        institution, clinic, evaluation facility, mental
18        health center, or part thereof, which is used primarily
19        for the care or treatment of persons with mental
20        illness.
21            "Patient in a mental institution" means the person
22        was admitted, either voluntarily or involuntarily, to
23        a mental institution for mental health treatment,
24        unless the treatment was voluntary and solely for an
25        alcohol abuse disorder and no other secondary
26        substance abuse disorder or mental illness.

 

 

10100HB0096ham001- 34 -LRB101 02938 SLF 59467 a

1        (f) Sells or gives any firearms to any person who is a
2    person with an intellectual disability.
3        (g) Delivers any firearm, incidental to a sale, without
4    withholding delivery of the firearm for at least 72 hours
5    after application for its purchase has been made, or
6    delivers a stun gun or taser, incidental to a sale, without
7    withholding delivery of the stun gun or taser for at least
8    24 hours after application for its purchase has been made.
9    However, this paragraph (g) does not apply to: (1) the sale
10    of a firearm to a law enforcement officer if the seller of
11    the firearm knows that the person to whom he or she is
12    selling the firearm is a law enforcement officer or the
13    sale of a firearm to a person who desires to purchase a
14    firearm for use in promoting the public interest incident
15    to his or her employment as a bank guard, armed truck
16    guard, or other similar employment; (2) a mail order sale
17    of a firearm from a federally licensed firearms dealer to a
18    nonresident of Illinois under which the firearm is mailed
19    to a federally licensed firearms dealer outside the
20    boundaries of Illinois; (3) (blank); (4) the sale of a
21    firearm to a dealer licensed as a federal firearms dealer
22    under Section 923 of the federal Gun Control Act of 1968
23    (18 U.S.C. 923); or (5) the transfer or sale of any rifle,
24    shotgun, or other long gun to a resident registered
25    competitor or attendee or non-resident registered
26    competitor or attendee by any dealer licensed as a federal

 

 

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1    firearms dealer under Section 923 of the federal Gun
2    Control Act of 1968 at competitive shooting events held at
3    the World Shooting Complex sanctioned by a national
4    governing body. For purposes of transfers or sales under
5    subparagraph (5) of this paragraph (g), the Department of
6    Natural Resources shall give notice to the Department of
7    State Police at least 30 calendar days prior to any
8    competitive shooting events at the World Shooting Complex
9    sanctioned by a national governing body. The notification
10    shall be made on a form prescribed by the Department of
11    State Police. The sanctioning body shall provide a list of
12    all registered competitors and attendees at least 24 hours
13    before the events to the Department of State Police. Any
14    changes to the list of registered competitors and attendees
15    shall be forwarded to the Department of State Police as
16    soon as practicable. The Department of State Police must
17    destroy the list of registered competitors and attendees no
18    later than 30 days after the date of the event. Nothing in
19    this paragraph (g) relieves a federally licensed firearm
20    dealer from the requirements of conducting a NICS
21    background check through the Illinois Point of Contact
22    under 18 U.S.C. 922(t). For purposes of this paragraph (g),
23    "application" means when the buyer and seller reach an
24    agreement to purchase a firearm. For purposes of this
25    paragraph (g), "national governing body" means a group of
26    persons who adopt rules and formulate policy on behalf of a

 

 

10100HB0096ham001- 36 -LRB101 02938 SLF 59467 a

1    national firearm sporting organization.
2        (h) While holding any license as a dealer, importer,
3    manufacturer or pawnbroker under the federal Gun Control
4    Act of 1968, manufactures, sells or delivers to any
5    unlicensed person a handgun having a barrel, slide, frame
6    or receiver which is a die casting of zinc alloy or any
7    other nonhomogeneous metal which will melt or deform at a
8    temperature of less than 800 degrees Fahrenheit. For
9    purposes of this paragraph, (1) "firearm" is defined as in
10    the Firearm Owners Identification Card Act; and (2)
11    "handgun" is defined as a firearm designed to be held and
12    fired by the use of a single hand, and includes a
13    combination of parts from which such a firearm can be
14    assembled.
15        (i) Sells or gives a firearm of any size to any person
16    under 18 years of age who does not possess a valid Firearm
17    Owner's Identification Card.
18        (j) Sells or gives a firearm while engaged in the
19    business of selling firearms at wholesale or retail without
20    being licensed as a federal firearms dealer under Section
21    923 of the federal Gun Control Act of 1968 (18 U.S.C. 923).
22    In this paragraph (j):
23        A person "engaged in the business" means a person who
24    devotes time, attention, and labor to engaging in the
25    activity as a regular course of trade or business with the
26    principal objective of livelihood and profit, but does not

 

 

10100HB0096ham001- 37 -LRB101 02938 SLF 59467 a

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

 

 

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

 

 

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1    firearm with knowledge that its serial number has been
2    removed or altered has knowledge that the firearm is stolen
3    or converted.
4    (B) Paragraph (h) of subsection (A) does not include
5firearms sold within 6 months after enactment of Public Act
678-355 (approved August 21, 1973, effective October 1, 1973),
7nor is any firearm legally owned or possessed by any citizen or
8purchased by any citizen within 6 months after the enactment of
9Public Act 78-355 subject to confiscation or seizure under the
10provisions of that Public Act. Nothing in Public Act 78-355
11shall be construed to prohibit the gift or trade of any firearm
12if that firearm was legally held or acquired within 6 months
13after the enactment of that Public Act.
14    (C) Sentence.
15        (1) Any person convicted of unlawful sale or delivery
16    of firearms in violation of paragraph (c), (e), (f), (g),
17    or (h) of subsection (A) commits a Class 4 felony.
18        (2) Any person convicted of unlawful sale or delivery
19    of firearms in violation of paragraph (b) or (i) of
20    subsection (A) commits a Class 3 felony.
21        (3) Any person convicted of unlawful sale or delivery
22    of firearms in violation of paragraph (a) of subsection (A)
23    commits a Class 2 felony.
24        (4) Any person convicted of unlawful sale or delivery
25    of firearms in violation of paragraph (a), (b), or (i) of
26    subsection (A) in any school, on the real property

 

 

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

 

 

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

 

 

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

 

 

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1    year period. Any person convicted of unlawful sale or
2    delivery of firearms in violation of paragraph (l) of
3    subsection (A) commits a Class X felony for which he or she
4    shall be sentenced to a term of imprisonment of not less
5    than 6 years and not more than 50 years if the delivery is
6    of not less than 21 and not more than 30 firearms at the
7    same time or within a 4 year period. Any person convicted
8    of unlawful sale or delivery of firearms in violation of
9    paragraph (l) of subsection (A) commits a Class X felony
10    for which he or she shall be sentenced to a term of
11    imprisonment of not less than 6 years and not more than 60
12    years if the delivery is of 31 or more firearms at the same
13    time or within a 5 year period.
14    (D) For purposes of this Section:
15    "School" means a public or private elementary or secondary
16school, community college, college, or university.
17    "School related activity" means any sporting, social,
18academic, or other activity for which students' attendance or
19participation is sponsored, organized, or funded in whole or in
20part by a school or school district.
21    (E) A prosecution for a violation of paragraph (k) of
22subsection (A) of this Section may be commenced within 6 years
23after the commission of the offense. A prosecution for a
24violation of this Section other than paragraph (g) of
25subsection (A) of this Section may be commenced within 5 years
26after the commission of the offense defined in the particular

 

 

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1paragraph.
2(Source: P.A. 99-29, eff. 7-10-15; 99-143, eff. 7-27-15;
399-642, eff. 7-28-16; 100-606, eff. 1-1-19.)
 
4    Section 99. Effective date. This Act takes effect upon
5becoming law.".