| |||||||||||||||||||||||||
| |||||||||||||||||||||||||
| |||||||||||||||||||||||||
| |||||||||||||||||||||||||
| |||||||||||||||||||||||||
1 | AN ACT concerning firearms.
| ||||||||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois,
| ||||||||||||||||||||||||
3 | represented in the General Assembly:
| ||||||||||||||||||||||||
4 | Section 1. This Act may be cited as the Undetectable and | ||||||||||||||||||||||||
5 | Untraceable Firearms Act. | ||||||||||||||||||||||||
6 | Section 5. The Firearm Owners Identification Card Act is | ||||||||||||||||||||||||
7 | amended by changing Sections 1, 1.1, 2, 3, 3.1, and 12 as | ||||||||||||||||||||||||
8 | follows:
| ||||||||||||||||||||||||
9 | (430 ILCS 65/1) (from Ch. 38, par. 83-1)
| ||||||||||||||||||||||||
10 | Sec. 1. It is hereby declared as a matter of legislative | ||||||||||||||||||||||||
11 | determination that
in order to promote and protect the health, | ||||||||||||||||||||||||
12 | safety and welfare of the
public, it is necessary and in the | ||||||||||||||||||||||||
13 | public interest to provide a system of
identifying persons who | ||||||||||||||||||||||||
14 | are not qualified to acquire or possess firearms, firearm | ||||||||||||||||||||||||
15 | ammunition, unfinished frame or receiver, stun guns, and | ||||||||||||||||||||||||
16 | tasers within the State of Illinois by the establishment of
a | ||||||||||||||||||||||||
17 | system of Firearm Owner's Identification Cards, thereby | ||||||||||||||||||||||||
18 | establishing a
practical and workable system by which law | ||||||||||||||||||||||||
19 | enforcement authorities will be
afforded an opportunity to | ||||||||||||||||||||||||
20 | identify those persons who are prohibited by
Section 24-3.1 of | ||||||||||||||||||||||||
21 | the Criminal Code of 2012, from
acquiring or possessing | ||||||||||||||||||||||||
22 | firearms and firearm ammunition and who are prohibited by this |
| |||||||
| |||||||
1 | Act from acquiring stun guns and tasers.
| ||||||
2 | (Source: P.A. 97-1150, eff. 1-25-13.)
| ||||||
3 | (430 ILCS 65/1.1) (from Ch. 38, par. 83-1.1)
| ||||||
4 | Sec. 1.1. In For purposes of this Act:
| ||||||
5 | "Addicted to narcotics" means a person who has been: | ||||||
6 | (1) convicted of an offense involving the use or | ||||||
7 | possession of cannabis, a controlled substance, or | ||||||
8 | methamphetamine within the past year; or | ||||||
9 | (2) determined by the Department of State Police to be | ||||||
10 | addicted to narcotics based upon federal law or federal | ||||||
11 | guidelines. | ||||||
12 | "Addicted to narcotics" does not include possession or use | ||||||
13 | of a prescribed controlled substance under the direction and | ||||||
14 | authority of a physician or other person authorized to | ||||||
15 | prescribe the controlled substance when the controlled | ||||||
16 | substance is used in the prescribed manner. | ||||||
17 | "Adjudicated as a person with a mental disability" means | ||||||
18 | the person is the subject of a determination by a court, board, | ||||||
19 | commission or other lawful authority that the person, as a | ||||||
20 | result of marked subnormal intelligence, or mental illness, | ||||||
21 | mental impairment, incompetency, condition, or disease: | ||||||
22 | (1) presents a clear and present danger to himself, | ||||||
23 | herself, or to others; | ||||||
24 | (2) lacks the mental capacity to manage his or her own | ||||||
25 | affairs or is adjudicated a person with a disability as |
| |||||||
| |||||||
1 | defined in Section 11a-2 of the Probate Act of 1975; | ||||||
2 | (3) is not guilty in a criminal case by reason of | ||||||
3 | insanity, mental disease or defect; | ||||||
4 | (3.5) is guilty but mentally ill, as provided in | ||||||
5 | Section 5-2-6 of the Unified Code of Corrections; | ||||||
6 | (4) is incompetent to stand trial in a criminal case; | ||||||
7 | (5) is not guilty by reason of lack of mental | ||||||
8 | responsibility under Articles 50a and 72b of the Uniform | ||||||
9 | Code of Military Justice, 10 U.S.C. 850a, 876b;
| ||||||
10 | (6) is a sexually violent person under subsection (f) | ||||||
11 | of Section 5 of the Sexually Violent Persons Commitment | ||||||
12 | Act; | ||||||
13 | (7) is a sexually dangerous person under the Sexually | ||||||
14 | Dangerous Persons Act; | ||||||
15 | (8) is unfit to stand trial under the Juvenile Court | ||||||
16 | Act of 1987; | ||||||
17 | (9) is not guilty by reason of insanity under the | ||||||
18 | Juvenile Court Act of 1987; | ||||||
19 | (10) is subject to involuntary admission as an | ||||||
20 | inpatient as defined in Section 1-119 of the Mental Health | ||||||
21 | and Developmental Disabilities Code; | ||||||
22 | (11) is subject to involuntary admission as an | ||||||
23 | outpatient as defined in Section 1-119.1 of the Mental | ||||||
24 | Health and Developmental Disabilities Code; | ||||||
25 | (12) is subject to judicial admission as set forth in | ||||||
26 | Section 4-500 of the Mental Health and Developmental |
| |||||||
| |||||||
1 | Disabilities Code; or | ||||||
2 | (13) is subject to the provisions of the Interstate | ||||||
3 | Agreements on Sexually Dangerous Persons Act. | ||||||
4 | "Clear and present danger" means a person who: | ||||||
5 | (1) communicates a serious threat of physical violence | ||||||
6 | against a reasonably identifiable victim or poses a clear | ||||||
7 | and imminent risk of serious physical injury to himself, | ||||||
8 | herself, or another person as determined by a physician, | ||||||
9 | clinical psychologist, or qualified examiner; or | ||||||
10 | (2) demonstrates threatening physical or verbal | ||||||
11 | behavior, such as violent, suicidal, or assaultive | ||||||
12 | threats, actions, or other behavior, as determined by a | ||||||
13 | physician, clinical psychologist, qualified examiner, | ||||||
14 | school administrator, or law enforcement official. | ||||||
15 | "Clinical psychologist" has the meaning provided in | ||||||
16 | Section 1-103 of the Mental Health and Developmental | ||||||
17 | Disabilities Code. | ||||||
18 | "Controlled substance" means a controlled substance or | ||||||
19 | controlled substance analog as defined in the Illinois | ||||||
20 | Controlled Substances Act. | ||||||
21 | "Counterfeit" means to copy or imitate, without legal | ||||||
22 | authority, with
intent
to deceive. | ||||||
23 | "Federally licensed firearm dealer" means a person who is | ||||||
24 | licensed as a federal firearms dealer under Section 923 of the | ||||||
25 | federal Gun Control Act of 1968 (18 U.S.C. 923).
| ||||||
26 | "Firearm" means any device, by
whatever name known, which |
| |||||||
| |||||||
1 | is designed to expel a projectile or projectiles
by the action | ||||||
2 | of an explosion, expansion of gas or escape of gas; excluding,
| ||||||
3 | however:
| ||||||
4 | (1) any pneumatic gun, spring gun, paint ball gun, or | ||||||
5 | B-B gun which
expels a single globular projectile not | ||||||
6 | exceeding .18 inch in
diameter or which has a maximum | ||||||
7 | muzzle velocity of less than 700 feet
per second;
| ||||||
8 | (1.1) any pneumatic gun, spring gun, paint ball gun, | ||||||
9 | or B-B gun which expels breakable paint balls containing | ||||||
10 | washable marking colors; | ||||||
11 | (2) any device used exclusively for signalling or | ||||||
12 | safety and required or
recommended by the United States | ||||||
13 | Coast Guard or the Interstate Commerce
Commission;
| ||||||
14 | (3) any device used exclusively for the firing of stud | ||||||
15 | cartridges,
explosive rivets or similar industrial | ||||||
16 | ammunition; and
| ||||||
17 | (4) an antique firearm (other than a machine-gun) | ||||||
18 | which, although
designed as a weapon, the Department of | ||||||
19 | State Police finds by reason of
the date of its | ||||||
20 | manufacture, value, design, and other characteristics is
| ||||||
21 | primarily a collector's item and is not likely to be used | ||||||
22 | as a weapon.
| ||||||
23 | "Firearm ammunition" means any self-contained cartridge or | ||||||
24 | shotgun
shell, by whatever name known, which is designed to be | ||||||
25 | used or adaptable to
use in a firearm; excluding, however:
| ||||||
26 | (1) any ammunition exclusively designed for use with a |
| |||||||
| |||||||
1 | device used
exclusively for signalling or safety and | ||||||
2 | required or recommended by the
United States Coast Guard | ||||||
3 | or the Interstate Commerce Commission; and
| ||||||
4 | (2) any ammunition designed exclusively for use with a | ||||||
5 | stud or rivet
driver or other similar industrial | ||||||
6 | ammunition. | ||||||
7 | "Gun show" means an event or function: | ||||||
8 | (1) at which the sale and transfer of firearms is the | ||||||
9 | regular and normal course of business and where 50 or more | ||||||
10 | firearms are displayed, offered, or exhibited for sale, | ||||||
11 | transfer, or exchange; or | ||||||
12 | (2) at which not less than 10 gun show vendors | ||||||
13 | display, offer, or exhibit for sale, sell, transfer, or | ||||||
14 | exchange firearms.
| ||||||
15 | "Gun show" includes the entire premises provided for an | ||||||
16 | event or function, including parking areas for the event or | ||||||
17 | function, that is sponsored to facilitate the purchase, sale, | ||||||
18 | transfer, or exchange of firearms as described in this | ||||||
19 | Section.
Nothing in this definition shall be construed to | ||||||
20 | exclude a gun show held in conjunction with competitive | ||||||
21 | shooting events at the World Shooting Complex sanctioned by a | ||||||
22 | national governing body in which the sale or transfer of | ||||||
23 | firearms is authorized under subparagraph (5) of paragraph (g) | ||||||
24 | of subsection (A) of Section 24-3 of the Criminal Code of 2012. | ||||||
25 | Unless otherwise expressly stated, "gun show" does not | ||||||
26 | include training or safety classes, competitive shooting |
| |||||||
| |||||||
1 | events, such as rifle, shotgun, or handgun matches, trap, | ||||||
2 | skeet, or sporting clays shoots, dinners, banquets, raffles, | ||||||
3 | or
any other event where the sale or transfer of firearms is | ||||||
4 | not the primary course of business. | ||||||
5 | "Gun show promoter" means a person who organizes or | ||||||
6 | operates a gun show. | ||||||
7 | "Gun show vendor" means a person who exhibits, sells, | ||||||
8 | offers for sale, transfers, or exchanges any firearms at a gun | ||||||
9 | show, regardless of whether the person arranges with a gun | ||||||
10 | show promoter for a fixed location from which to exhibit, | ||||||
11 | sell, offer for sale, transfer, or exchange any firearm. | ||||||
12 | "Involuntarily admitted" has the meaning as prescribed in | ||||||
13 | Sections 1-119 and 1-119.1 of the Mental Health and | ||||||
14 | Developmental Disabilities Code. | ||||||
15 | "Mental health facility" means any licensed private | ||||||
16 | hospital or hospital affiliate, institution, or facility, or | ||||||
17 | part thereof, and any facility, or part thereof, operated by | ||||||
18 | the State or a political subdivision thereof which provide | ||||||
19 | treatment of persons with mental illness and includes all | ||||||
20 | hospitals, institutions, clinics, evaluation facilities, | ||||||
21 | mental health centers, colleges, universities, long-term care | ||||||
22 | facilities, and nursing homes, or parts thereof, which provide | ||||||
23 | treatment of persons with mental illness whether or not the | ||||||
24 | primary purpose is to provide treatment of persons with mental | ||||||
25 | illness. | ||||||
26 | "National governing body" means a group of persons who |
| |||||||
| |||||||
1 | adopt rules and formulate policy on behalf of a national | ||||||
2 | firearm sporting organization. | ||||||
3 | "Patient" means: | ||||||
4 | (1) a person who is admitted as an inpatient or | ||||||
5 | resident of a public or private mental health facility for | ||||||
6 | mental health treatment under Chapter III of the Mental | ||||||
7 | Health and Developmental Disabilities Code as an informal | ||||||
8 | admission, a voluntary admission, a minor admission, an | ||||||
9 | emergency admission, or an involuntary admission, unless | ||||||
10 | the treatment was solely for an alcohol abuse disorder; or | ||||||
11 | (2) a person who voluntarily or involuntarily receives | ||||||
12 | mental health treatment as an out-patient or is otherwise | ||||||
13 | provided services by a public or private mental health | ||||||
14 | facility, and who poses a clear and present danger to | ||||||
15 | himself, herself, or to others. | ||||||
16 | "Person with a developmental disability" means a person | ||||||
17 | with a disability which is attributable to any other condition | ||||||
18 | which results in impairment similar to that caused by an | ||||||
19 | intellectual disability and which requires services similar to | ||||||
20 | those required by persons with intellectual disabilities. The | ||||||
21 | disability must originate before the age of 18
years, be | ||||||
22 | expected to continue indefinitely, and constitute a | ||||||
23 | substantial disability. This disability results, in the | ||||||
24 | professional opinion of a physician, clinical psychologist, or | ||||||
25 | qualified examiner, in significant functional limitations in 3 | ||||||
26 | or more of the following areas of major life activity: |
| |||||||
| |||||||
1 | (i) self-care; | ||||||
2 | (ii) receptive and expressive language; | ||||||
3 | (iii) learning; | ||||||
4 | (iv) mobility; or | ||||||
5 | (v) self-direction. | ||||||
6 | "Person with an intellectual disability" means a person | ||||||
7 | with a significantly subaverage general intellectual | ||||||
8 | functioning which exists concurrently with impairment in | ||||||
9 | adaptive behavior and which originates before the age of 18 | ||||||
10 | years. | ||||||
11 | "Physician" has the meaning as defined in Section 1-120 of | ||||||
12 | the Mental Health and Developmental Disabilities Code. | ||||||
13 | "Qualified examiner" has the meaning provided in Section | ||||||
14 | 1-122 of the Mental Health and Developmental Disabilities | ||||||
15 | Code. | ||||||
16 | "Sanctioned competitive shooting event" means a shooting | ||||||
17 | contest officially recognized by a national or state shooting | ||||||
18 | sport association, and includes any sight-in or practice | ||||||
19 | conducted in conjunction with the event.
| ||||||
20 | "School administrator" means the person required to report | ||||||
21 | under the School Administrator Reporting of Mental Health | ||||||
22 | Clear and Present Danger Determinations Law. | ||||||
23 | "Stun gun or taser" has the meaning ascribed to it in | ||||||
24 | Section 24-1 of the Criminal Code of 2012. | ||||||
25 | "Unfinished frame or receiver" means a frame or lower | ||||||
26 | receiver blank, casting, or machined body that requires |
| |||||||
| |||||||
1 | further machining or molding to be used as part of a functional | ||||||
2 | firearm which is designed and intended to be used in the | ||||||
3 | assembly of a functional firearm. "Unfinished frame or | ||||||
4 | receiver" does not include a piece of material that has had: | ||||||
5 | (1) its size or external shape altered solely to facilitate | ||||||
6 | transportation or storage; or (2) solely its chemical | ||||||
7 | composition altered. | ||||||
8 | (Source: P.A. 99-29, eff. 7-10-15; 99-143, eff. 7-27-15; | ||||||
9 | 99-642, eff. 7-28-16; 100-906, eff. 1-1-19 .)
| ||||||
10 | (430 ILCS 65/2) (from Ch. 38, par. 83-2)
| ||||||
11 | Sec. 2. Firearm Owner's Identification Card required; | ||||||
12 | exceptions.
| ||||||
13 | (a) (1) No person may acquire or possess any firearm, stun | ||||||
14 | gun, unfinished frame or receiver, or taser within this State
| ||||||
15 | without having in his or her possession a Firearm Owner's | ||||||
16 | Identification Card
previously issued in his or her name by | ||||||
17 | the Department of State Police under
the provisions of this | ||||||
18 | Act.
| ||||||
19 | (2) No person may acquire or possess firearm ammunition | ||||||
20 | within this
State without having in his or her possession a | ||||||
21 | Firearm Owner's Identification
Card previously issued in his | ||||||
22 | or her name by the Department of State Police
under the | ||||||
23 | provisions of this Act.
| ||||||
24 | (b) The provisions of this Section regarding the | ||||||
25 | possession of firearms, firearm ammunition, stun guns, and |
| |||||||
| |||||||
1 | tasers do not apply to:
| ||||||
2 | (1) United States Marshals, while engaged in the | ||||||
3 | operation of their
official duties;
| ||||||
4 | (2) Members of the Armed Forces of the United States | ||||||
5 | or the National
Guard, while engaged in the operation of | ||||||
6 | their official duties;
| ||||||
7 | (3) Federal officials required to carry firearms, | ||||||
8 | while engaged in the
operation of their official duties;
| ||||||
9 | (4) Members of bona fide veterans organizations which | ||||||
10 | receive firearms
directly from the armed forces of the | ||||||
11 | United States, while using the
firearms for ceremonial | ||||||
12 | purposes with blank ammunition;
| ||||||
13 | (5) Nonresident hunters during hunting season, with | ||||||
14 | valid nonresident
hunting licenses and while in an area | ||||||
15 | where hunting is permitted; however,
at all other times | ||||||
16 | and in all other places these persons must have their
| ||||||
17 | firearms unloaded and enclosed in a case;
| ||||||
18 | (6) Those hunters exempt from obtaining a hunting | ||||||
19 | license who are
required to submit their Firearm Owner's | ||||||
20 | Identification Card when hunting
on Department of Natural | ||||||
21 | Resources owned or managed sites;
| ||||||
22 | (7) Nonresidents while on a firing or shooting range | ||||||
23 | recognized by the
Department of State Police; however, | ||||||
24 | these persons must at all other times
and in all other | ||||||
25 | places have their firearms unloaded and enclosed in a | ||||||
26 | case;
|
| |||||||
| |||||||
1 | (8) Nonresidents while at a firearm showing or display | ||||||
2 | recognized by
the Department of State Police; however, at | ||||||
3 | all other times and in all
other places these persons must | ||||||
4 | have their firearms unloaded and enclosed
in a case;
| ||||||
5 | (9) Nonresidents whose firearms are unloaded and | ||||||
6 | enclosed in a case;
| ||||||
7 | (10) Nonresidents who are currently licensed or | ||||||
8 | registered to possess a
firearm in their resident state;
| ||||||
9 | (11) Unemancipated minors while in the custody and | ||||||
10 | immediate control of
their parent or legal guardian or | ||||||
11 | other person in loco parentis to the
minor if the parent or | ||||||
12 | legal guardian or other person in loco parentis to
the | ||||||
13 | minor has a currently valid Firearm Owner's Identification
| ||||||
14 | Card;
| ||||||
15 | (12) Color guards of bona fide veterans organizations | ||||||
16 | or members of bona
fide American Legion bands while using | ||||||
17 | firearms for ceremonial purposes
with blank ammunition;
| ||||||
18 | (13) Nonresident hunters whose state of residence does | ||||||
19 | not require
them to be licensed or registered to possess a | ||||||
20 | firearm and only during
hunting season, with valid hunting | ||||||
21 | licenses, while accompanied by, and
using a firearm owned | ||||||
22 | by, a person who possesses a valid Firearm Owner's
| ||||||
23 | Identification Card and while in an area within a | ||||||
24 | commercial club licensed
under the Wildlife Code where | ||||||
25 | hunting is permitted and controlled, but in
no instance | ||||||
26 | upon sites owned or managed by the Department of Natural
|
| |||||||
| |||||||
1 | Resources;
| ||||||
2 | (14) Resident hunters who are properly authorized to | ||||||
3 | hunt and,
while accompanied by a person who possesses a | ||||||
4 | valid Firearm Owner's
Identification Card, hunt in an area | ||||||
5 | within a commercial club licensed
under the Wildlife Code | ||||||
6 | where hunting is permitted and controlled;
| ||||||
7 | (15) A person who is otherwise eligible to obtain a | ||||||
8 | Firearm Owner's
Identification Card under this Act and is | ||||||
9 | under the direct supervision of a
holder of a Firearm
| ||||||
10 | Owner's Identification Card who is 21 years of age or | ||||||
11 | older while the person is
on a firing or shooting range
or | ||||||
12 | is a
participant in a firearms safety and training course | ||||||
13 | recognized by a law
enforcement agency or a national, | ||||||
14 | statewide shooting sports organization; and
| ||||||
15 | (16) Competitive shooting athletes whose competition | ||||||
16 | firearms are sanctioned by the International Olympic | ||||||
17 | Committee, the International Paralympic Committee, the | ||||||
18 | International Shooting Sport Federation, or USA Shooting | ||||||
19 | in connection with such athletes' training for and | ||||||
20 | participation in shooting competitions at the 2016 Olympic | ||||||
21 | and Paralympic Games and sanctioned test events leading up | ||||||
22 | to the 2016 Olympic and Paralympic Games. | ||||||
23 | (c) The provisions of this Section regarding the | ||||||
24 | acquisition and possession
of firearms, firearm ammunition, | ||||||
25 | stun guns, and tasers do not apply to law enforcement | ||||||
26 | officials
of this or any other jurisdiction, while engaged in |
| |||||||
| |||||||
1 | the operation of their
official duties.
| ||||||
2 | (c-5) The provisions of paragraphs (1) and (2) of | ||||||
3 | subsection (a) of this Section regarding the possession of | ||||||
4 | firearms
and firearm ammunition do not apply to the holder of a | ||||||
5 | valid concealed carry
license issued under the Firearm | ||||||
6 | Concealed Carry Act who is in physical
possession of the | ||||||
7 | concealed carry license. | ||||||
8 | (c-10) The provisions of this Section regarding the | ||||||
9 | possession of unfinished frames or receivers do not apply to a | ||||||
10 | federally licensed firearm dealer if: | ||||||
11 | (1) the unfinished frame or receiver is an unfinished | ||||||
12 | part within a manufacturing process that includes | ||||||
13 | serialization where the name of the manufacturer and an | ||||||
14 | individual serial number is conspicuously placed on the | ||||||
15 | unfinished frame or receiver in accordance with the | ||||||
16 | procedures for the serialization of a firearm in 18 U.S.C. | ||||||
17 | 923(i) and pertinent regulations, including, but not | ||||||
18 | limited to, 27 CFR 478.92; and | ||||||
19 | (2) the federally licensed firearm dealer maintains | ||||||
20 | records relating to the unfinished frame or receiver in | ||||||
21 | accordance with the procedures for recording keeping | ||||||
22 | related to firearms under 18 U.S.C. 923(g) and all | ||||||
23 | pertinent regulations, including, but not limited to, 27 | ||||||
24 | CFR Part 478, Subpart H. | ||||||
25 | (d) Any person who becomes a resident of this State, who is | ||||||
26 | not otherwise prohibited from obtaining, possessing, or using |
| |||||||
| |||||||
1 | a firearm or firearm ammunition, shall not be required to have | ||||||
2 | a Firearm Owner's Identification Card to possess firearms or | ||||||
3 | firearms ammunition until 60 calendar days after he or she | ||||||
4 | obtains an Illinois driver's license or Illinois | ||||||
5 | Identification Card. | ||||||
6 | (Source: P.A. 99-29, eff. 7-10-15.)
| ||||||
7 | (430 ILCS 65/3) (from Ch. 38, par. 83-3) | ||||||
8 | Sec. 3. (a) Except as provided in Section 3a, no person may | ||||||
9 | knowingly
transfer, or cause to be transferred, any firearm, | ||||||
10 | firearm ammunition, unfinished frames or receivers, stun gun, | ||||||
11 | or taser to any person within this State unless the
transferee | ||||||
12 | with whom he deals displays either: (1) a currently valid | ||||||
13 | Firearm Owner's
Identification Card which has previously been | ||||||
14 | issued in his or her name by the
Department of State Police | ||||||
15 | under the provisions of this Act; or (2) a currently valid | ||||||
16 | license to carry a concealed firearm which has previously been | ||||||
17 | issued in his or her name by the
Department of State Police | ||||||
18 | under the Firearm Concealed Carry Act. In addition,
all | ||||||
19 | firearm, stun gun, and taser transfers by federally licensed | ||||||
20 | firearm dealers are subject
to Section 3.1. | ||||||
21 | (a-5) Any person who is not a federally licensed firearm | ||||||
22 | dealer and who desires to transfer or sell a firearm while that | ||||||
23 | person is on the grounds of a gun show must, before selling or | ||||||
24 | transferring the firearm, request the Department of State | ||||||
25 | Police to conduct a background check on the prospective |
| |||||||
| |||||||
1 | recipient of the firearm in accordance with Section 3.1.
| ||||||
2 | (a-10) Notwithstanding item (2) of subsection (a) of this | ||||||
3 | Section, any person who is not a federally licensed firearm | ||||||
4 | dealer and who desires to transfer or sell a firearm or | ||||||
5 | firearms to any person who is not a federally licensed firearm | ||||||
6 | dealer shall, before selling or transferring the firearms, | ||||||
7 | contact the Department of State Police with the transferee's | ||||||
8 | or purchaser's Firearm Owner's Identification Card number to | ||||||
9 | determine the validity of the transferee's or purchaser's | ||||||
10 | Firearm Owner's Identification Card. This subsection shall not | ||||||
11 | be effective until January 1, 2014. The Department of State | ||||||
12 | Police may adopt rules concerning the implementation of this | ||||||
13 | subsection. The Department of State Police shall provide the | ||||||
14 | seller or transferor an approval number if the purchaser's | ||||||
15 | Firearm Owner's Identification Card is valid. Approvals issued | ||||||
16 | by the Department for the purchase of a firearm pursuant to | ||||||
17 | this subsection are valid for 30 days from the date of issue. | ||||||
18 | (a-15) The provisions of subsection (a-10) of this Section | ||||||
19 | 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 |
| |||||||
| |||||||
1 | is 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 | ||||||
25 | of the unlicensed transferee, if the unlicensed transferee | ||||||
26 | is not otherwise prohibited from possessing firearms and |
| |||||||
| |||||||
1 | the unlicensed transferee reasonably believes that | ||||||
2 | possession of the firearm is necessary to prevent imminent | ||||||
3 | death or 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-20) The Department of State Police shall develop an | ||||||
14 | Internet-based system for individuals to determine the | ||||||
15 | validity of a Firearm Owner's Identification Card prior to the | ||||||
16 | sale or transfer of a firearm. The Department shall have the | ||||||
17 | Internet-based system completed and available for use by July | ||||||
18 | 1, 2015. The Department shall adopt rules not inconsistent | ||||||
19 | with this Section to implement this system. | ||||||
20 | (b) Any person within this State who transfers or causes | ||||||
21 | to be
transferred any firearm, stun gun, or taser shall keep a | ||||||
22 | record of such transfer for a period
of 10 years from the date | ||||||
23 | of transfer. Such record shall contain the date
of the | ||||||
24 | transfer; the description, serial number or other information
| ||||||
25 | identifying the firearm, stun gun, or taser if no serial | ||||||
26 | number is available; and, if the
transfer was completed within |
| |||||||
| |||||||
1 | this State, the transferee's Firearm Owner's
Identification | ||||||
2 | Card number and any approval number or documentation provided | ||||||
3 | by the Department of State Police pursuant to subsection | ||||||
4 | (a-10) of this Section; if the transfer was not completed | ||||||
5 | within this State, the record shall contain the name and | ||||||
6 | address of the transferee. On or after January 1, 2006, the | ||||||
7 | record shall contain the date of application for transfer of | ||||||
8 | the firearm. On demand of a peace officer such transferor
| ||||||
9 | shall produce for inspection such record of transfer. If the | ||||||
10 | transfer or sale took place at a gun show, the record shall | ||||||
11 | include the unique identification number. Failure to record | ||||||
12 | the unique identification number or approval number is a petty | ||||||
13 | offense.
For transfers of a firearm, stun gun, or taser made on | ||||||
14 | or after the effective date of this amendatory Act of the 100th | ||||||
15 | General Assembly, failure by the private seller to maintain | ||||||
16 | the transfer records in accordance with this Section is a | ||||||
17 | Class A misdemeanor for the first offense and a Class 4 felony | ||||||
18 | for a second or subsequent offense. A transferee shall not be | ||||||
19 | criminally liable under this Section provided that he or she | ||||||
20 | provides the Department of State Police with the transfer | ||||||
21 | records in accordance with procedures established by the | ||||||
22 | Department. The Department shall establish, by rule, a | ||||||
23 | standard form on its website. | ||||||
24 | (b-5) Any resident may purchase ammunition from a person | ||||||
25 | within or outside of Illinois if shipment is by United States | ||||||
26 | mail or by a private express carrier authorized by federal law |
| |||||||
| |||||||
1 | to ship ammunition. Any resident purchasing ammunition within | ||||||
2 | or outside the State of Illinois must provide the seller with a | ||||||
3 | copy of his or her valid Firearm Owner's Identification Card | ||||||
4 | or valid concealed carry license and either his or her | ||||||
5 | Illinois driver's license or Illinois State Identification | ||||||
6 | Card prior to the shipment of the ammunition. The ammunition | ||||||
7 | may be shipped only to an address on either of those 2 | ||||||
8 | documents. | ||||||
9 | (c) The provisions of this Section regarding the transfer | ||||||
10 | of firearm
ammunition shall not apply to those persons | ||||||
11 | specified in paragraph (b) of
Section 2 of this Act. | ||||||
12 | (Source: P.A. 99-29, eff. 7-10-15; 100-1178, eff. 1-18-19.)
| ||||||
13 | (430 ILCS 65/3.1) (from Ch. 38, par. 83-3.1)
| ||||||
14 | Sec. 3.1. Dial up system. | ||||||
15 | (a) The Department of State Police shall provide
a dial up | ||||||
16 | telephone system or utilize other existing technology which | ||||||
17 | shall be used by any federally licensed
firearm dealer, gun | ||||||
18 | show promoter, or gun show vendor who is to transfer a firearm, | ||||||
19 | stun gun, unfinished frame or receiver, or taser under the | ||||||
20 | provisions of this
Act. The Department of State Police may | ||||||
21 | utilize existing technology which
allows the caller to be | ||||||
22 | charged a fee not to exceed $2. Fees collected by the | ||||||
23 | Department of
State Police shall be deposited in the State | ||||||
24 | Police Services Fund and used
to provide the service.
| ||||||
25 | (b) Upon receiving a request from a federally licensed |
| |||||||
| |||||||
1 | firearm dealer, gun show promoter, or gun show vendor, the
| ||||||
2 | Department of State Police shall immediately approve, or | ||||||
3 | within the time
period established by Section 24-3 of the | ||||||
4 | Criminal Code of 2012 regarding
the delivery of firearms, stun | ||||||
5 | guns, unfinished frames or receivers, and tasers notify the | ||||||
6 | inquiring dealer, gun show promoter, or gun show vendor of any | ||||||
7 | objection that
would disqualify the transferee from acquiring | ||||||
8 | or possessing a firearm, stun gun, unfinished frame or | ||||||
9 | receiver, or taser. In
conducting the inquiry, the Department | ||||||
10 | of State Police shall initiate and
complete an automated | ||||||
11 | search of its criminal history record information
files and | ||||||
12 | those of the Federal Bureau of Investigation, including the
| ||||||
13 | National Instant Criminal Background Check System, and of the | ||||||
14 | files of
the Department of Human Services relating to mental | ||||||
15 | health and
developmental disabilities to obtain
any felony | ||||||
16 | conviction or patient hospitalization information which would
| ||||||
17 | disqualify a person from obtaining or require revocation of a | ||||||
18 | currently
valid Firearm Owner's Identification Card. | ||||||
19 | (c) If receipt of a firearm would not violate Section 24-3 | ||||||
20 | of the Criminal Code of 2012, federal law, or this Act the | ||||||
21 | Department of State Police shall: | ||||||
22 | (1) assign a unique identification number to the | ||||||
23 | transfer; and | ||||||
24 | (2) provide the licensee, gun show promoter, or gun | ||||||
25 | show vendor with the number. | ||||||
26 | (d) Approvals issued by the Department of State Police for |
| |||||||
| |||||||
1 | the purchase of a firearm are valid for 30 days from the date | ||||||
2 | of issue.
| ||||||
3 | (e) (1) The Department of State Police must act as the | ||||||
4 | Illinois Point of Contact
for the National Instant Criminal | ||||||
5 | Background Check System. | ||||||
6 | (2) The Department of State Police and the Department of | ||||||
7 | Human Services shall, in accordance with State and federal law | ||||||
8 | regarding confidentiality, enter into a memorandum of | ||||||
9 | understanding with the Federal Bureau of Investigation for the | ||||||
10 | purpose of implementing the National Instant Criminal | ||||||
11 | Background Check System in the State. The Department of State | ||||||
12 | Police shall report the name, date of birth, and physical | ||||||
13 | description of any person prohibited from possessing a firearm | ||||||
14 | pursuant to the Firearm Owners Identification Card Act or 18 | ||||||
15 | U.S.C. 922(g) and (n) to the National Instant Criminal | ||||||
16 | Background Check System Index, Denied Persons Files.
| ||||||
17 | (3) The Department of State Police shall provide notice of | ||||||
18 | the disqualification of a person under subsection (b) of this | ||||||
19 | Section or the revocation of a person's Firearm Owner's | ||||||
20 | Identification Card under Section 8 or Section 8.2 of this | ||||||
21 | Act, and the reason for the disqualification or revocation, to | ||||||
22 | all law enforcement agencies with jurisdiction to assist with | ||||||
23 | the seizure of the person's Firearm Owner's Identification | ||||||
24 | Card. | ||||||
25 | (f) The Department of State Police shall adopt rules not | ||||||
26 | inconsistent with this Section to implement this
system.
|
| |||||||
| |||||||
1 | (Source: P.A. 98-63, eff. 7-9-13; 99-787, eff. 1-1-17 .)
| ||||||
2 | (430 ILCS 65/12) (from Ch. 38, par. 83-12)
| ||||||
3 | Sec. 12.
The provisions of this Act shall not apply to the | ||||||
4 | passing or
transfer of any firearm , or firearm ammunition , or | ||||||
5 | unfinished frame or receiver upon the death of the owner
| ||||||
6 | thereof to his or her heir or legatee or to the passing or | ||||||
7 | transfer of any firearm
or firearm ammunition incident to any | ||||||
8 | legal proceeding or action until 60
days after such passing or | ||||||
9 | transfer.
| ||||||
10 | (Source: Laws 1967, p. 2600.)
| ||||||
11 | Section 10. The Criminal Code of 2012 is amended by | ||||||
12 | changing Section 24-3 and by adding Article 24.3 as follows:
| ||||||
13 | (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
| ||||||
14 | Sec. 24-3. Unlawful sale or delivery of firearms.
| ||||||
15 | (A) A person commits the offense of unlawful sale or | ||||||
16 | delivery of firearms when he
or she knowingly does any of the | ||||||
17 | following:
| ||||||
18 | (a) Sells or gives any firearm of a size which may be | ||||||
19 | concealed upon the
person to any person under 18 years of | ||||||
20 | age.
| ||||||
21 | (b) Sells or gives any firearm to a person under 21 | ||||||
22 | years of age who has
been convicted of a misdemeanor other | ||||||
23 | than a traffic offense or adjudged
delinquent.
|
| |||||||
| |||||||
1 | (c) Sells or gives any firearm to any narcotic addict.
| ||||||
2 | (d) Sells or gives any firearm to any person who has | ||||||
3 | been convicted of a
felony under the laws of this or any | ||||||
4 | other jurisdiction.
| ||||||
5 | (e) Sells or gives any firearm to any person who has | ||||||
6 | been a patient in a
mental institution within the past 5 | ||||||
7 | years. In this subsection (e): | ||||||
8 | "Mental institution" means any hospital, | ||||||
9 | institution, clinic, evaluation facility, mental | ||||||
10 | health center, or part thereof, which is used | ||||||
11 | primarily for the care or treatment of persons with | ||||||
12 | mental illness. | ||||||
13 | "Patient in a mental institution" means the person | ||||||
14 | was admitted, either voluntarily or involuntarily, to | ||||||
15 | a mental institution for mental health treatment, | ||||||
16 | unless the treatment was voluntary and solely for an | ||||||
17 | alcohol abuse disorder and no other secondary | ||||||
18 | substance abuse disorder or mental illness.
| ||||||
19 | (f) Sells or gives any firearms to any person who is a | ||||||
20 | person with an intellectual disability.
| ||||||
21 | (g) Delivers any firearm or unfinished frame or | ||||||
22 | receiver , incidental to a sale, without withholding | ||||||
23 | delivery of the firearm
or unfinished frame or receiver | ||||||
24 | for at least 72 hours after application for its purchase | ||||||
25 | has been made, or
delivers a stun gun or taser, incidental | ||||||
26 | to a sale,
without withholding delivery of the stun gun or |
| |||||||
| |||||||
1 | taser for
at least 24 hours after application for its | ||||||
2 | purchase has been made.
However,
this paragraph (g) does | ||||||
3 | not apply to: (1) the sale of a firearm
to a law | ||||||
4 | enforcement officer if the seller of the firearm knows | ||||||
5 | that the person to whom he or she is selling the firearm is | ||||||
6 | a law enforcement officer or the sale of a firearm to a | ||||||
7 | person who desires to purchase a firearm for
use in | ||||||
8 | promoting the public interest incident to his or her | ||||||
9 | employment as a
bank guard, armed truck guard, or other | ||||||
10 | similar employment; (2) a mail
order sale of a firearm | ||||||
11 | from a federally licensed firearms dealer to a nonresident | ||||||
12 | of Illinois under which the firearm
is mailed to a | ||||||
13 | federally licensed firearms dealer outside the boundaries | ||||||
14 | of Illinois; (3) (blank); (4) the sale of a
firearm or | ||||||
15 | unfinished frame or receiver to a dealer licensed as a | ||||||
16 | federal firearms dealer under Section 923
of the federal | ||||||
17 | Gun Control Act of 1968 (18 U.S.C. 923); or (5) the | ||||||
18 | transfer or sale of any rifle, shotgun, or other long gun | ||||||
19 | to a resident registered competitor or attendee or | ||||||
20 | non-resident registered competitor or attendee by any | ||||||
21 | dealer licensed as a federal firearms dealer under Section | ||||||
22 | 923 of the federal Gun Control Act of 1968 at competitive | ||||||
23 | shooting events held at the World Shooting Complex | ||||||
24 | sanctioned by a national governing body. For purposes of | ||||||
25 | transfers or sales under subparagraph (5) of this | ||||||
26 | paragraph (g), the Department of Natural Resources shall |
| |||||||
| |||||||
1 | give notice to the Department of State Police at least 30 | ||||||
2 | calendar days prior to any competitive shooting events at | ||||||
3 | the World Shooting Complex sanctioned by a national | ||||||
4 | governing body. The notification shall be made on a form | ||||||
5 | prescribed by the Department of State Police. The | ||||||
6 | sanctioning body shall provide a list of all registered | ||||||
7 | competitors and attendees at least 24 hours before the | ||||||
8 | events to the Department of State Police. Any changes to | ||||||
9 | the list of registered competitors and attendees shall be | ||||||
10 | forwarded to the Department of State Police as soon as | ||||||
11 | practicable. The Department of State Police must destroy | ||||||
12 | the list of registered competitors and attendees no later | ||||||
13 | than 30 days after the date of the event. Nothing in this | ||||||
14 | paragraph (g) relieves a federally licensed firearm dealer | ||||||
15 | from the requirements of conducting a NICS background | ||||||
16 | check through the Illinois Point of Contact under 18 | ||||||
17 | U.S.C. 922(t). For purposes of this paragraph (g), | ||||||
18 | "application" means when the buyer and seller reach an | ||||||
19 | agreement to purchase a firearm.
For purposes of this | ||||||
20 | paragraph (g), "national governing body" means a group of | ||||||
21 | persons who adopt rules and formulate policy on behalf of | ||||||
22 | a national firearm sporting organization.
| ||||||
23 | (h) While holding any license
as a dealer,
importer, | ||||||
24 | manufacturer or pawnbroker
under the federal Gun Control | ||||||
25 | Act of 1968,
manufactures, sells or delivers to any | ||||||
26 | unlicensed person a handgun having
a barrel, slide, frame |
| |||||||
| |||||||
1 | or receiver which is a die casting of zinc alloy or
any | ||||||
2 | other nonhomogeneous metal which will melt or deform at a | ||||||
3 | temperature
of less than 800 degrees Fahrenheit. For | ||||||
4 | purposes of this paragraph, (1)
"firearm" is defined as in | ||||||
5 | the Firearm Owners Identification Card Act; and (2)
| ||||||
6 | "handgun" is defined as a firearm designed to be held
and | ||||||
7 | fired by the use of a single hand, and includes a | ||||||
8 | combination of parts from
which such a firearm can be | ||||||
9 | assembled.
| ||||||
10 | (i) Sells or gives a firearm of any size to any person | ||||||
11 | under 18 years of
age who does not possess a valid Firearm | ||||||
12 | Owner's Identification Card.
| ||||||
13 | (j) Sells or gives a firearm while engaged in the | ||||||
14 | business of selling
firearms at wholesale or retail | ||||||
15 | without being licensed as a federal firearms
dealer under | ||||||
16 | Section 923 of the federal Gun Control Act of 1968 (18 | ||||||
17 | U.S.C.
923). In this paragraph (j):
| ||||||
18 | A person "engaged in the business" means a person who | ||||||
19 | devotes time,
attention, and
labor to
engaging in the | ||||||
20 | activity as a regular course of trade or business with the
| ||||||
21 | principal objective of livelihood and profit, but does not | ||||||
22 | include a person who
makes occasional repairs of firearms | ||||||
23 | or who occasionally fits special barrels,
stocks, or | ||||||
24 | trigger mechanisms to firearms.
| ||||||
25 | "With the principal objective of livelihood and | ||||||
26 | profit" means that the
intent
underlying the sale or |
| |||||||
| |||||||
1 | disposition of firearms is predominantly one of
obtaining | ||||||
2 | livelihood and pecuniary gain, as opposed to other | ||||||
3 | intents, such as
improving or liquidating a personal | ||||||
4 | firearms collection; however, proof of
profit shall not be | ||||||
5 | required as to a person who engages in the regular and
| ||||||
6 | repetitive purchase and disposition of firearms for | ||||||
7 | criminal purposes or
terrorism.
| ||||||
8 | (k) Sells or transfers ownership of a firearm to a | ||||||
9 | person who does not display to the seller or transferor of | ||||||
10 | the firearm either: (1) a currently valid Firearm Owner's | ||||||
11 | Identification Card that has previously been issued in the | ||||||
12 | transferee's name by the Department of State Police under | ||||||
13 | the provisions of the Firearm Owners Identification Card | ||||||
14 | Act; or (2) a currently valid license to carry a concealed | ||||||
15 | firearm that has previously been issued in the | ||||||
16 | transferee's name by the
Department of State Police under | ||||||
17 | the Firearm Concealed Carry Act. This paragraph (k) does | ||||||
18 | not apply to the transfer of a firearm to a person who is | ||||||
19 | exempt from the requirement of possessing a Firearm | ||||||
20 | Owner's Identification Card under Section 2 of the Firearm | ||||||
21 | Owners Identification Card Act. For the purposes of this | ||||||
22 | Section, a currently valid Firearm Owner's Identification | ||||||
23 | Card means (i) a Firearm Owner's Identification Card that | ||||||
24 | has not expired or (ii) an approval number issued in | ||||||
25 | accordance with subsection (a-10) of subsection 3 or | ||||||
26 | Section 3.1 of the Firearm Owners Identification Card Act |
| |||||||
| |||||||
1 | shall be proof that the Firearm Owner's Identification | ||||||
2 | Card was valid. | ||||||
3 | (1) In addition to the other requirements of this | ||||||
4 | paragraph (k), all persons who are not federally | ||||||
5 | licensed firearms dealers must also have complied with | ||||||
6 | subsection (a-10) of Section 3 of the Firearm Owners | ||||||
7 | Identification Card Act by determining the validity of | ||||||
8 | a purchaser's Firearm Owner's Identification Card. | ||||||
9 | (2) All sellers or transferors who have complied | ||||||
10 | with the requirements of subparagraph (1) of this | ||||||
11 | paragraph (k) shall not be liable for damages in any | ||||||
12 | civil action arising from the use or misuse by the | ||||||
13 | transferee of the firearm transferred, except for | ||||||
14 | willful or wanton misconduct on the part of the seller | ||||||
15 | or transferor. | ||||||
16 | (l) Not
being entitled to the possession of a firearm, | ||||||
17 | delivers the
firearm, knowing it to have been stolen or | ||||||
18 | converted. It may be inferred that
a person who possesses | ||||||
19 | a firearm with knowledge that its serial number has
been | ||||||
20 | removed or altered has knowledge that the firearm is | ||||||
21 | stolen or converted. | ||||||
22 | (B) Paragraph (h) of subsection (A) does not include | ||||||
23 | firearms sold within 6
months after enactment of Public
Act | ||||||
24 | 78-355 (approved August 21, 1973, effective October 1, 1973), | ||||||
25 | nor is any
firearm legally owned or
possessed by any citizen or | ||||||
26 | purchased by any citizen within 6 months after the
enactment |
| |||||||
| |||||||
1 | of Public Act 78-355 subject
to confiscation or seizure under | ||||||
2 | the provisions of that Public Act. Nothing in
Public Act | ||||||
3 | 78-355 shall be construed to prohibit the gift or trade of
any | ||||||
4 | firearm if that firearm was legally held or acquired within 6 | ||||||
5 | months after
the enactment of that Public Act.
| ||||||
6 | (C) Sentence.
| ||||||
7 | (1) Any person convicted of unlawful sale or delivery | ||||||
8 | of firearms in violation of
paragraph (c), (e), (f), (g), | ||||||
9 | or (h) of subsection (A) commits a Class
4
felony.
| ||||||
10 | (2) Any person convicted of unlawful sale or delivery | ||||||
11 | of firearms in violation of
paragraph (b) or (i) of | ||||||
12 | subsection (A) commits a Class 3 felony.
| ||||||
13 | (3) Any person convicted of unlawful sale or delivery | ||||||
14 | of firearms in violation of
paragraph (a) of subsection | ||||||
15 | (A) commits a Class 2 felony.
| ||||||
16 | (4) Any person convicted of unlawful sale or delivery | ||||||
17 | of firearms in violation of
paragraph (a), (b), or (i) of | ||||||
18 | subsection (A) in any school, on the real
property | ||||||
19 | comprising a school, within 1,000 feet of the real | ||||||
20 | property comprising
a school, at a school related | ||||||
21 | activity, or on or within 1,000 feet of any
conveyance | ||||||
22 | owned, leased, or contracted by a school or school | ||||||
23 | district to
transport students to or from school or a | ||||||
24 | school related activity,
regardless of the time of day or | ||||||
25 | time of year at which the offense
was committed, commits a | ||||||
26 | Class 1 felony. Any person convicted of a second
or |
| |||||||
| |||||||
1 | subsequent violation of unlawful sale or delivery of | ||||||
2 | firearms in violation of paragraph
(a), (b), or (i) of | ||||||
3 | subsection (A) in any school, on the real property
| ||||||
4 | comprising a school, within 1,000 feet of the real | ||||||
5 | property comprising a
school, at a school related | ||||||
6 | activity, or on or within 1,000 feet of any
conveyance | ||||||
7 | owned, leased, or contracted by a school or school | ||||||
8 | district to
transport students to or from school or a | ||||||
9 | school related activity,
regardless of the time of day or | ||||||
10 | time of year at which the offense
was committed, commits a | ||||||
11 | Class 1 felony for which the sentence shall be a
term of | ||||||
12 | imprisonment of no less than 5 years and no more than 15 | ||||||
13 | years.
| ||||||
14 | (5) Any person convicted of unlawful sale or delivery | ||||||
15 | of firearms in violation of
paragraph (a) or (i) of | ||||||
16 | subsection (A) in residential property owned,
operated, or | ||||||
17 | managed by a public housing agency or leased by a public | ||||||
18 | housing
agency as part of a scattered site or mixed-income | ||||||
19 | development, in a public
park, in a
courthouse, on | ||||||
20 | residential property owned, operated, or managed by a | ||||||
21 | public
housing agency or leased by a public housing agency | ||||||
22 | as part of a scattered site
or mixed-income development, | ||||||
23 | on the real property comprising any public park,
on the | ||||||
24 | real
property comprising any courthouse, or on any public | ||||||
25 | way within 1,000 feet
of the real property comprising any | ||||||
26 | public park, courthouse, or residential
property owned, |
| |||||||
| |||||||
1 | operated, or managed by a public housing agency or leased | ||||||
2 | by a
public housing agency as part of a scattered site or | ||||||
3 | mixed-income development
commits a
Class 2 felony.
| ||||||
4 | (6) Any person convicted of unlawful sale or delivery | ||||||
5 | of firearms in violation of
paragraph (j) of subsection | ||||||
6 | (A) commits a Class A misdemeanor. A second or
subsequent | ||||||
7 | violation is a Class 4 felony. | ||||||
8 | (7) Any person convicted of unlawful sale or delivery | ||||||
9 | of firearms in violation of paragraph (k) of subsection | ||||||
10 | (A) commits a Class 4 felony, except that a violation of | ||||||
11 | subparagraph (1) of paragraph (k) of subsection (A) shall | ||||||
12 | not be punishable as a crime or petty offense. A third or | ||||||
13 | subsequent conviction for a violation of paragraph (k) of | ||||||
14 | subsection (A) is a Class 1 felony.
| ||||||
15 | (8) A person 18 years of age or older convicted of | ||||||
16 | unlawful sale or delivery of firearms in violation of | ||||||
17 | paragraph (a) or (i) of subsection (A), when the firearm | ||||||
18 | that was sold or given to another person under 18 years of | ||||||
19 | age was used in the commission of or attempt to commit a | ||||||
20 | forcible felony, shall be fined or imprisoned, or both, | ||||||
21 | not to exceed the maximum provided for the most serious | ||||||
22 | forcible felony so committed or attempted by the person | ||||||
23 | under 18 years of age who was sold or given the firearm. | ||||||
24 | (9) Any person convicted of unlawful sale or delivery | ||||||
25 | of firearms in violation of
paragraph (d) of subsection | ||||||
26 | (A) commits a Class 3 felony. |
| |||||||
| |||||||
1 | (10) Any person convicted of unlawful sale or delivery | ||||||
2 | of firearms in violation of paragraph (l) of subsection | ||||||
3 | (A) commits a Class 2 felony if the delivery is of one | ||||||
4 | firearm. Any person convicted of unlawful sale or delivery | ||||||
5 | of firearms in violation of paragraph (l) of subsection | ||||||
6 | (A) commits a Class 1 felony if the delivery is of not less | ||||||
7 | than 2 and not more than 5 firearms at the
same time or | ||||||
8 | within a one year period. Any person convicted of unlawful | ||||||
9 | sale or delivery of firearms in violation of paragraph (l) | ||||||
10 | of subsection (A) commits a Class X felony for which he or | ||||||
11 | she shall be sentenced
to a term of imprisonment of not | ||||||
12 | less than 6 years and not more than 30
years if the | ||||||
13 | delivery is of not less than 6 and not more than 10 | ||||||
14 | firearms at the
same time or within a 2 year period. Any | ||||||
15 | person convicted of unlawful sale or delivery of firearms | ||||||
16 | in violation of paragraph (l) of subsection (A) commits a | ||||||
17 | Class X felony for which he or she shall be sentenced
to a | ||||||
18 | term of imprisonment of not less than 6 years and not more | ||||||
19 | than 40
years if the delivery is of not less than 11 and | ||||||
20 | not more than 20 firearms at the
same time or within a 3 | ||||||
21 | year period. Any person convicted of unlawful sale or | ||||||
22 | delivery of firearms in violation of paragraph (l) of | ||||||
23 | subsection (A) commits a Class X felony for which he or she | ||||||
24 | shall be sentenced
to a term of imprisonment of not less | ||||||
25 | than 6 years and not more than 50
years if the delivery is | ||||||
26 | of not less than 21 and not more than 30 firearms at the
|
| |||||||
| |||||||
1 | same time or within a 4 year period. Any person convicted | ||||||
2 | of unlawful sale or delivery of firearms in violation of | ||||||
3 | paragraph (l) of subsection (A) commits a Class X felony | ||||||
4 | for which he or she shall be sentenced
to a term of | ||||||
5 | imprisonment of not less than 6 years and not more than 60
| ||||||
6 | years if the delivery is of 31 or more firearms at the
same | ||||||
7 | time or within a 5 year period. | ||||||
8 | (D) In For purposes of this Section:
| ||||||
9 | "School" means a public or private elementary or secondary | ||||||
10 | school,
community college, college, or university.
| ||||||
11 | "School related activity" means any sporting, social, | ||||||
12 | academic, or
other activity for which students' attendance or | ||||||
13 | participation is sponsored,
organized, or funded in whole or | ||||||
14 | in part by a school or school district.
| ||||||
15 | (E) A prosecution for a violation of paragraph (k) of | ||||||
16 | subsection (A) of this Section may be commenced within 6 years | ||||||
17 | after the commission of the offense. A prosecution for a | ||||||
18 | violation of this Section other than paragraph (g) of | ||||||
19 | subsection (A) of this Section may be commenced within 5 years | ||||||
20 | after the commission of the offense defined in the particular | ||||||
21 | paragraph.
| ||||||
22 | (Source: P.A. 99-29, eff. 7-10-15; 99-143, eff. 7-27-15; | ||||||
23 | 99-642, eff. 7-28-16; 100-606, eff. 1-1-19 .)
| ||||||
24 | (720 ILCS 5/Art. 24.3 heading new) | ||||||
25 | ARTICLE 24.3. UNDETECTABLE AND UNTRACEABLE FIREARMS |
| |||||||
| |||||||
1 | (720 ILCS 5/24.3-1 new) | ||||||
2 | Sec. 24.3-1. Definitions. In this Article: | ||||||
3 | "Additive manufacturing" means a manufacturing process in | ||||||
4 | which the material is added in order to produce the product, | ||||||
5 | including, but not limited to, three-dimensional printing, in | ||||||
6 | which layers of material are laid down in succession. | ||||||
7 | "Downloadable firearm" means a firearm manufactured or | ||||||
8 | produced using additive manufacturing. | ||||||
9 | "Downloadable firearm code" means digital instructions in | ||||||
10 | the form of computer-aided design files or other code or | ||||||
11 | instructions stored and displayed in an electronic format as a | ||||||
12 | digital model that may be used to manufacture or produce a | ||||||
13 | firearm, firearm receiver, magazine, or firearm component | ||||||
14 | using additive manufacturing. | ||||||
15 | "Unfinished frame or receiver" has the same meaning | ||||||
16 | ascribed to the term in Section 1.1 of the Firearm Owners | ||||||
17 | Identification Card Act. | ||||||
18 | "Undetectable firearm" means a firearm that can operate | ||||||
19 | while in a form that is not detectable as the security exemplar | ||||||
20 | as defined in 18 U.S.C. 922(p)(2)(C). | ||||||
21 | "Untraceable firearm" means an un-serialized downloadable | ||||||
22 | firearm or an un-serialized firearm manufactured, assembled, | ||||||
23 | or produced using an unfinished frame or receiver. | ||||||
24 | (720 ILCS 5/24.3-2 new) |
| |||||||
| |||||||
1 | Sec. 24.3-2. Unlawful manufacture of an undetectable | ||||||
2 | firearm. | ||||||
3 | (a) A person commits unlawful manufacture of an | ||||||
4 | undetectable firearm if he or she knowingly manufactures, | ||||||
5 | assembles, sells, offers to sell, or transfers an undetectable | ||||||
6 | firearm. | ||||||
7 | (b) Sentence. Unlawful manufacture of an undetectable | ||||||
8 | firearm is a Class 2 felony. | ||||||
9 | (720 ILCS 5/24.3-3 new) | ||||||
10 | Sec. 24.3-3. Unlawful possession of an undetectable | ||||||
11 | firearm. | ||||||
12 | (a) A person commits unlawful possession of an | ||||||
13 | undetectable firearm if he or she knowingly possesses an | ||||||
14 | undetectable firearm. | ||||||
15 | (b) A person commits unlawful possession of an | ||||||
16 | undetectable firearm if he or she knowingly possesses an | ||||||
17 | undetectable firearm in a public building or possess an | ||||||
18 | undetectable firearm with the intent to bring the undetectable | ||||||
19 | firearm into or onto a public building. | ||||||
20 | (c) Sentence. Unlawful possession of an undetectable | ||||||
21 | firearm is a Class 2 felony. | ||||||
22 | (720 ILCS 5/24.3-4 new) | ||||||
23 | Sec. 24.3-4. Unlawful manufacture of a downloadable | ||||||
24 | firearm. |
| |||||||
| |||||||
1 | (a) A person commits unlawful manufacture of a | ||||||
2 | downloadable firearm if he or she knowingly manufactures, | ||||||
3 | assembles, sells, offers to sell, or transfers a downloadable | ||||||
4 | firearm unless: | ||||||
5 | (1) the person has a federal license to manufacture | ||||||
6 | firearms; | ||||||
7 | (2) the name of the manufacturer and an individual | ||||||
8 | serial number is conspicuously placed on the frame or | ||||||
9 | receiver in accordance with the procedures for the | ||||||
10 | serialization of a firearm in 18 U.S.C. ยง 923(i) and all | ||||||
11 | regulations, including, but not limited, to 27 CFR 478.92; | ||||||
12 | and | ||||||
13 | (3) the person maintains records relating to the | ||||||
14 | downloadable firearm under the procedures for | ||||||
15 | recordkeeping related to firearms in 18 U.S.C. 923(g) and | ||||||
16 | all regulations, including, but not limited, to 27 CFR | ||||||
17 | Part 478, Subpart H. | ||||||
18 | (b) Sentence. Unlawful manufacture of a downloadable | ||||||
19 | firearm is a Class 2 felony. | ||||||
20 | (720 ILCS 5/24.3-5 new) | ||||||
21 | Sec. 24.3-5. Unlawful distribution of a downloadable | ||||||
22 | firearm code. | ||||||
23 | (a) A person commits unlawful distribution of a | ||||||
24 | downloadable firearm code if he or she knowingly distributes a | ||||||
25 | downloadable firearm code to another person or persons, or |
| |||||||
| |||||||
1 | makes a downloadable firearm code available that it can be | ||||||
2 | accessed and downloaded by one or more persons, unless: | ||||||
3 | (1) the distribution is to a specific person; | ||||||
4 | (2) the distributor requests a criminal history check | ||||||
5 | on the distributee in accordance with the procedures in | ||||||
6 | the Firearm Owners Identification Card Act for the sale of | ||||||
7 | a firearm; | ||||||
8 | (3) the distributor receives a unique approval number; | ||||||
9 | (4) the distributor completes and files all records | ||||||
10 | required by the Firearm Owners Identification Card Act in | ||||||
11 | the case of the sale of a firearm; and | ||||||
12 | (5) the firearm for which the downloadable firearm | ||||||
13 | code provides instructions is not prohibited under State | ||||||
14 | or federal law, including, but not limited to, State | ||||||
15 | prohibitions on undetectable firearms. | ||||||
16 | (b) Sentence. Unlawful distribution of a downloadable | ||||||
17 | firearm code is a Class 2 felony. | ||||||
18 | (720 ILCS 5/24.3-6 new) | ||||||
19 | Sec. 24.3-6. Unlawful manufacture of an untraceable | ||||||
20 | firearm. | ||||||
21 | (a) A person commits unlawful manufacture of an | ||||||
22 | untraceable firearm if he or she knowingly manufactures, | ||||||
23 | assembles, sells, offers to sell, or transfers an untraceable | ||||||
24 | firearm. | ||||||
25 | (b) Sentence. Unlawful manufacture of an untraceable |
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
1 | firearm is a Class 2 felony. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | (720 ILCS 5/24.3-7 new) | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | Sec. 24.3-7. Unlawful possession of an untraceable | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
4 | firearm. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | (a) A person commits unlawful possession of an untraceable | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
6 | firearm if he or she knowingly possesses an untraceable | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
7 | firearm. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
8 | (b) Sentence. Unlawful possession of an untraceable | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
9 | firearm is a Class 2 felony.
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||