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1 | | (b)
The Commission shall be composed of the following |
2 | | members: |
3 | | (1) the Director of the Illinois State Police, or his |
4 | | or her designee; |
5 | | (2) the Director of the Office of Firearm Violence |
6 | | Prevention; |
7 | | (3) the President of the Illinois Sheriffs' |
8 | | Association, or his or her designee; |
9 | | (4)
an Illinois sheriff from each of the counties |
10 | | whose gun homicide rate is the highest 5 counties per |
11 | | 100,000 residents, appointed by the sheriff of those |
12 | | counties; |
13 | | (5)
the President of the Illinois Association of |
14 | | Chiefs of Police, or his or her designee; |
15 | | (6) a representative of the local municipal law |
16 | | enforcement agencies from each of the 5 municipalities in |
17 | | Illinois whose gun homicide rate is the highest per |
18 | | 100,000 residents, appointed by the chiefs of police of |
19 | | those municipalities; |
20 | | (7) the Attorney General, or his or her designee; |
21 | | (8) the President of the Illinois States Attorneys |
22 | | Association, or his or her designee; |
23 | | (9)
one Representative, appointed by the Speaker of |
24 | | the House of Representatives; |
25 | | (10)
one Representative, appointed by the Minority |
26 | | Leader of the House of Representatives;
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1 | | (11) one Senator, appointed by the President of the |
2 | | Senate; and |
3 | | (12) one Senator, appointed by the Minority Leader of |
4 | | the Senate. |
5 | | (b) The Director of the Illinois State Police shall choose |
6 | | the Chairperson of the Commission. Members shall serve 3-year |
7 | | terms without compensation. The Commission shall form 2 |
8 | | subcommittees, one for interstate gun trafficking solutions |
9 | | and another for intrastate gun trafficking solutions. |
10 | | (c) The Commission shall attempt to seek input and advice |
11 | | from: |
12 | | (1) a law enforcement expert from each of the National |
13 | | Integrated Ballistics Information Network (NIBIN) centers |
14 | | in Illinois that process the most cartridge casings from |
15 | | crime scenes; |
16 | | (2) a law enforcement expert from the Crime Gun |
17 | | Intelligence Center (CGIC) in Illinois with experience |
18 | | with gun trafficking cases in Illinois; |
19 | | (3) an individual with experience working with a joint |
20 | | federal and local task force to disrupt the gun |
21 | | trafficking network; |
22 | | (4) a prosecutor with experience prosecuting gun |
23 | | trafficking cases in another state where that state's gun |
24 | | trafficking cases has achieved high rates of successful |
25 | | prosecution nominated by the National District Attorneys |
26 | | Association; |
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1 | | (5) a representative from the Federal Bureau of |
2 | | Investigation who has extensive experience with gun |
3 | | trafficking cases in Illinois; |
4 | | (6) the Special Agent in Charge of the offices of the |
5 | | Bureau of Alcohol Tobacco, Firearms and Explosives (ATF), |
6 | | or his or her designee in each of the neighboring states of |
7 | | Illinois: Wisconsin, Iowa, Missouri, Kentucky, and |
8 | | Indiana; and |
9 | | (7) the Special Agent in Charge of each of the offices |
10 | | of the Bureau of Alcohol Tobacco, Firearms and Explosives |
11 | | (ATF), or his or her designee, in each of the states with |
12 | | the highest incidence of gun trafficking to and from |
13 | | Illinois.
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14 | | Section 90. The Firearm Owners Identification Card Act is |
15 | | amended by changing Sections 3, 3.1, 4, and 8 and by adding |
16 | | Section 3.4 as follows: |
17 | | (430 ILCS 65/3) (from Ch. 38, par. 83-3) |
18 | | (Text of Section before amendment by P.A. 102-237 ) |
19 | | Sec. 3. (a) Except as provided in Section 3a, no person may |
20 | | knowingly
transfer, or cause to be transferred, any firearm, |
21 | | firearm ammunition, stun gun, or taser to any person within |
22 | | this State unless the
transferee with whom he deals displays |
23 | | either: (1) a currently valid Firearm Owner's
Identification |
24 | | Card which has previously been issued in his or her name by the
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1 | | Illinois State Police under the provisions of this Act; or (2) |
2 | | a currently valid license to carry a concealed firearm which |
3 | | has previously been issued in his or her name by the
Illinois |
4 | | State Police under the Firearm Concealed Carry Act. In |
5 | | addition,
all firearm, stun gun , and taser transfers by |
6 | | federally licensed firearm dealers are subject
to Section 3.1. |
7 | | (a-1) Before a person purchases or receives a firearm from |
8 | | a federally licensed firearm dealer, the person must display |
9 | | to the dealer of the firearm a permit to purchase or receive |
10 | | the firearm issued by the local law enforcement agency under |
11 | | Section 3.4. |
12 | | (a-5) Any person who is not a federally licensed firearm |
13 | | dealer and who desires to transfer or sell a firearm while that |
14 | | person is on the grounds of a gun show must, before selling or |
15 | | transferring the firearm, request the Illinois State Police to |
16 | | conduct a background check on the prospective recipient of the |
17 | | firearm in accordance with Section 3.1.
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18 | | (a-10) Notwithstanding item (2) of subsection (a) of this |
19 | | Section, any person who is not a federally licensed firearm |
20 | | dealer and who desires to transfer or sell a firearm or |
21 | | firearms to any person who is not a federally licensed firearm |
22 | | dealer shall, before selling or transferring the firearms, |
23 | | contact the Illinois State Police with the transferee's or |
24 | | purchaser's Firearm Owner's Identification Card number to |
25 | | determine the validity of the transferee's or purchaser's |
26 | | Firearm Owner's Identification Card. This subsection shall not |
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1 | | be effective until January 1, 2014. The Illinois State Police |
2 | | may adopt rules concerning the implementation of this |
3 | | subsection. The Illinois State Police shall provide the seller |
4 | | or transferor an approval number if the purchaser's Firearm |
5 | | Owner's Identification Card is valid. Approvals issued by the |
6 | | Illinois State Police Department for the purchase of a firearm |
7 | | pursuant to this subsection are valid for 30 days from the date |
8 | | of issue. |
9 | | (a-15) The provisions of subsection (a-10) of this Section |
10 | | do not apply to: |
11 | | (1) transfers that occur at the place of business of a |
12 | | federally licensed firearm dealer, if the federally |
13 | | licensed firearm dealer conducts a background check on the |
14 | | prospective recipient of the firearm in accordance with |
15 | | Section 3.1 of this Act and follows all other applicable |
16 | | federal, State, and local laws as if he or she were the |
17 | | seller or transferor of the firearm, although the dealer |
18 | | is not required to accept the firearm into his or her |
19 | | inventory. The purchaser or transferee may be required by |
20 | | the federally licensed firearm dealer to pay a fee not to |
21 | | exceed $10 per firearm, which the dealer may retain as |
22 | | compensation for performing the functions required under |
23 | | this paragraph, plus the applicable fees authorized by |
24 | | Section 3.1; |
25 | | (2) transfers as a bona fide gift to the transferor's |
26 | | husband, wife, son, daughter, stepson, stepdaughter, |
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1 | | father, mother, stepfather, stepmother, brother, sister, |
2 | | nephew, niece, uncle, aunt, grandfather, grandmother, |
3 | | grandson, granddaughter, father-in-law, mother-in-law, |
4 | | son-in-law, or daughter-in-law; |
5 | | (3) transfers by persons acting pursuant to operation |
6 | | of law or a court order; |
7 | | (4) transfers on the grounds of a gun show under |
8 | | subsection (a-5) of this Section; |
9 | | (5) the delivery of a firearm by its owner to a |
10 | | gunsmith for service or repair, the return of the firearm |
11 | | to its owner by the gunsmith, or the delivery of a firearm |
12 | | by a gunsmith to a federally licensed firearms dealer for |
13 | | service or repair and the return of the firearm to the |
14 | | gunsmith; |
15 | | (6) temporary transfers that occur while in the home |
16 | | of the unlicensed transferee, if the unlicensed transferee |
17 | | is not otherwise prohibited from possessing firearms and |
18 | | the unlicensed transferee reasonably believes that |
19 | | possession of the firearm is necessary to prevent imminent |
20 | | death or great bodily harm to the unlicensed transferee; |
21 | | (7) transfers to a law enforcement or corrections |
22 | | agency or a law enforcement or corrections officer acting |
23 | | within the course and scope of his or her official duties; |
24 | | (8) transfers of firearms that have been rendered |
25 | | permanently inoperable to a nonprofit historical society, |
26 | | museum, or institutional collection; and |
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1 | | (9) transfers to a person who is exempt from the |
2 | | requirement of possessing a Firearm Owner's Identification |
3 | | Card under Section 2 of this Act. |
4 | | (a-20) The Illinois State Police shall develop an |
5 | | Internet-based system for individuals to determine the |
6 | | validity of a Firearm Owner's Identification Card prior to the |
7 | | sale or transfer of a firearm. The Illinois State Police |
8 | | Department shall have the Internet-based system completed and |
9 | | available for use by July 1, 2015. The Illinois State Police |
10 | | Department shall adopt rules not inconsistent with this |
11 | | Section to implement this system. |
12 | | (b) Any person within this State who transfers or causes |
13 | | to be
transferred any firearm, stun gun, or taser shall keep a |
14 | | record of such transfer for a period
of 10 years from the date |
15 | | of transfer. Such record shall contain the date
of the |
16 | | transfer; the description, serial number or other information
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17 | | identifying the firearm, stun gun, or taser if no serial |
18 | | number is available; and, if the
transfer was completed within |
19 | | this State, the transferee's Firearm Owner's
Identification |
20 | | Card number and any approval number or documentation provided |
21 | | by the Illinois State Police pursuant to subsection (a-10) of |
22 | | this Section; if the transfer was not completed within this |
23 | | State, the record shall contain the name and address of the |
24 | | transferee. On or after January 1, 2006, the record shall |
25 | | contain the date of application for transfer of the firearm. |
26 | | On demand of a peace officer such transferor
shall produce for |
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1 | | inspection such record of transfer. If the transfer or sale |
2 | | took place at a gun show, the record shall include the unique |
3 | | identification number. Failure to record the unique |
4 | | identification number or approval number is a petty offense.
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5 | | For transfers of a firearm, stun gun, or taser made on or after |
6 | | January 18, 2019 ( the effective date of Public Act 100-1178) |
7 | | this amendatory Act of the 100th General Assembly , failure by |
8 | | the private seller to maintain the transfer records in |
9 | | accordance with this Section is a Class A misdemeanor for the |
10 | | first offense and a Class 4 felony for a second or subsequent |
11 | | offense. A transferee shall not be criminally liable under |
12 | | this Section provided that he or she provides the Illinois |
13 | | State Police with the transfer records in accordance with |
14 | | procedures established by the Illinois State Police |
15 | | Department . The Illinois State Police Department shall |
16 | | establish, by rule, a standard form on its website. |
17 | | (b-5) Any resident may purchase ammunition from a person |
18 | | within or outside of Illinois if shipment is by United States |
19 | | mail or by a private express carrier authorized by federal law |
20 | | to ship ammunition. Any resident purchasing ammunition within |
21 | | or outside the State of Illinois must provide the seller with a |
22 | | copy of his or her valid Firearm Owner's Identification Card |
23 | | or valid concealed carry license and either his or her |
24 | | Illinois driver's license or Illinois State Identification |
25 | | Card prior to the shipment of the ammunition. The ammunition |
26 | | may be shipped only to an address on either of those 2 |
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1 | | documents. |
2 | | (c) The provisions of this Section regarding the transfer |
3 | | of firearm
ammunition shall not apply to those persons |
4 | | specified in paragraph (b) of
Section 2 of this Act. |
5 | | (Source: P.A. 102-538, eff. 8-20-21; revised 10-13-21.) |
6 | | (Text of Section after amendment by P.A. 102-237 ) |
7 | | Sec. 3. (a) Except as provided in Section 3a, no person may |
8 | | knowingly
transfer, or cause to be transferred, any firearm, |
9 | | firearm ammunition, stun gun, or taser to any person within |
10 | | this State unless the
transferee with whom he deals displays |
11 | | either: (1) a currently valid Firearm Owner's
Identification |
12 | | Card which has previously been issued in his or her name by the
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13 | | Illinois State Police under the provisions of this Act; or (2) |
14 | | a currently valid license to carry a concealed firearm which |
15 | | has previously been issued in his or her name by the
Illinois |
16 | | State Police under the Firearm Concealed Carry Act. In |
17 | | addition,
all firearm, stun gun , and taser transfers by |
18 | | federally licensed firearm dealers are subject
to Section 3.1. |
19 | | (a-1) Before a person purchases or receives a firearm from |
20 | | a federally licensed firearm dealer, the person must display |
21 | | to the dealer of the firearm a permit to purchase or receive |
22 | | the firearm issued by the local law enforcement agency under |
23 | | Section 3.4. |
24 | | (a-5) Any person who is not a federally licensed firearm |
25 | | dealer and who desires to transfer or sell a firearm while that |
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1 | | person is on the grounds of a gun show must, before selling or |
2 | | transferring the firearm, request the Illinois State Police to |
3 | | conduct a background check on the prospective recipient of the |
4 | | firearm in accordance with Section 3.1.
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5 | | (a-10) Notwithstanding item (2) of subsection (a) of this |
6 | | Section, any person who is not a federally licensed firearm |
7 | | dealer and who desires to transfer or sell a firearm or |
8 | | firearms to any person who is not a federally licensed firearm |
9 | | dealer shall, before selling or transferring the firearms, |
10 | | contact a federal firearm license dealer under paragraph (1) |
11 | | of subsection (a-15) of this Section to conduct the transfer |
12 | | or the Illinois State Police with the transferee's or |
13 | | purchaser's Firearm Owner's Identification Card number to |
14 | | determine the validity of the transferee's or purchaser's |
15 | | Firearm Owner's Identification Card under State and federal |
16 | | law , including the National Instant Criminal Background Check |
17 | | System. This subsection shall not be effective until January |
18 | | 1, 2024. Until that date the transferor shall contact the |
19 | | Illinois State Police with the transferee's or purchaser's |
20 | | Firearm Owner's Identification Card number to determine the |
21 | | validity of the card. The Illinois State Police may adopt |
22 | | rules concerning the implementation of this subsection. The |
23 | | Illinois State Police shall provide the seller or transferor |
24 | | an approval number if the purchaser's Firearm Owner's |
25 | | Identification Card is valid. Approvals issued by the Illinois |
26 | | State Police Department for the purchase of a firearm pursuant |
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1 | | to this subsection are valid for 30 days from the date of |
2 | | issue. |
3 | | (a-15) The provisions of subsection (a-10) of this Section |
4 | | do not apply to: |
5 | | (1) transfers that occur at the place of business of a |
6 | | federally licensed firearm dealer, if the federally |
7 | | licensed firearm dealer conducts a background check on the |
8 | | prospective recipient of the firearm in accordance with |
9 | | Section 3.1 of this Act and follows all other applicable |
10 | | federal, State, and local laws as if he or she were the |
11 | | seller or transferor of the firearm, although the dealer |
12 | | is not required to accept the firearm into his or her |
13 | | inventory. The purchaser or transferee may be required by |
14 | | the federally licensed firearm dealer to pay a fee not to |
15 | | exceed $25 per firearm, which the dealer may retain as |
16 | | compensation for performing the functions required under |
17 | | this paragraph, plus the applicable fees authorized by |
18 | | Section 3.1; |
19 | | (2) transfers as a bona fide gift to the transferor's |
20 | | husband, wife, son, daughter, stepson, stepdaughter, |
21 | | father, mother, stepfather, stepmother, brother, sister, |
22 | | nephew, niece, uncle, aunt, grandfather, grandmother, |
23 | | grandson, granddaughter, father-in-law, mother-in-law, |
24 | | son-in-law, or daughter-in-law; |
25 | | (3) transfers by persons acting pursuant to operation |
26 | | of law or a court order; |
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1 | | (4) transfers on the grounds of a gun show under |
2 | | subsection (a-5) of this Section; |
3 | | (5) the delivery of a firearm by its owner to a |
4 | | gunsmith for service or repair, the return of the firearm |
5 | | to its owner by the gunsmith, or the delivery of a firearm |
6 | | by a gunsmith to a federally licensed firearms dealer for |
7 | | service or repair and the return of the firearm to the |
8 | | gunsmith; |
9 | | (6) temporary transfers that occur while in the home |
10 | | of the unlicensed transferee, if the unlicensed transferee |
11 | | is not otherwise prohibited from possessing firearms and |
12 | | the unlicensed transferee reasonably believes that |
13 | | possession of the firearm is necessary to prevent imminent |
14 | | death or great bodily harm to the unlicensed transferee; |
15 | | (7) transfers to a law enforcement or corrections |
16 | | agency or a law enforcement or corrections officer acting |
17 | | within the course and scope of his or her official duties; |
18 | | (8) transfers of firearms that have been rendered |
19 | | permanently inoperable to a nonprofit historical society, |
20 | | museum, or institutional collection; and |
21 | | (9) transfers to a person who is exempt from the |
22 | | requirement of possessing a Firearm Owner's Identification |
23 | | Card under Section 2 of this Act. |
24 | | (a-20) The Illinois State Police shall develop an |
25 | | Internet-based system for individuals to determine the |
26 | | validity of a Firearm Owner's Identification Card prior to the |
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1 | | sale or transfer of a firearm. The Illinois State Police |
2 | | Department shall have the Internet-based system updated and |
3 | | available for use by January 1, 2024. The Illinois State |
4 | | Police shall adopt rules not inconsistent with this Section to |
5 | | implement this system; but no rule shall allow the Illinois |
6 | | State Police to retain records in contravention of State and |
7 | | federal law. |
8 | | (a-25) On or before January 1, 2022, the Illinois State |
9 | | Police shall develop an Internet-based system upon which the |
10 | | serial numbers of firearms that have been reported stolen are |
11 | | available for public access for individuals to ensure any |
12 | | firearms are not reported stolen prior to the sale or transfer |
13 | | of a firearm under this Section. The Illinois State Police |
14 | | shall have the Internet-based system completed and available |
15 | | for use by July 1, 2022. The Illinois State Police Department |
16 | | shall adopt rules not inconsistent with this Section to |
17 | | implement this system. |
18 | | (b) Any person within this State who transfers or causes |
19 | | to be
transferred any firearm, stun gun, or taser shall keep a |
20 | | record of such transfer for a period
of 10 years from the date |
21 | | of transfer. Any person within this State who receives any |
22 | | firearm, stun gun, or taser pursuant to subsection (a-10) |
23 | | shall provide a record of the transfer within 10 days of the |
24 | | transfer to a federally licensed firearm dealer and shall not |
25 | | be required to maintain a transfer record. The federally |
26 | | licensed firearm dealer shall maintain the transfer record for |
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1 | | 20 years from the date of receipt. A federally licensed |
2 | | firearm dealer may charge a fee not to exceed $25 to retain the |
3 | | record. The record shall be provided and maintained in either |
4 | | an electronic or paper format. The federally licensed firearm |
5 | | dealer shall not be liable for the accuracy of any information |
6 | | in the transfer record submitted pursuant to this Section. |
7 | | Such records shall contain the date
of the transfer; the |
8 | | description, serial number or other information
identifying |
9 | | the firearm, stun gun, or taser if no serial number is |
10 | | available; and, if the
transfer was completed within this |
11 | | State, the transferee's Firearm Owner's
Identification Card |
12 | | number and any approval number or documentation provided by |
13 | | the Illinois State Police pursuant to subsection (a-10) of |
14 | | this Section; if the transfer was not completed within this |
15 | | State, the record shall contain the name and address of the |
16 | | transferee. On or after January 1, 2006, the record shall |
17 | | contain the date of application for transfer of the firearm. |
18 | | On demand of a peace officer such transferor shall produce for |
19 | | inspection such record of transfer. For any transfer pursuant |
20 | | to subsection (a-10) of this Section, on the demand of a peace |
21 | | officer, such transferee shall identify the federally licensed |
22 | | firearm dealer maintaining the transfer record. If the |
23 | | transfer or sale took place at a gun show, the record shall |
24 | | include the unique identification number. Failure to record |
25 | | the unique identification number or approval number is a petty |
26 | | offense.
For transfers of a firearm, stun gun, or taser made on |
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1 | | or after January 18, 2019 ( the effective date of Public Act |
2 | | 100-1178) this amendatory Act of the 100th General Assembly , |
3 | | failure by the private seller to maintain the transfer records |
4 | | in accordance with this Section, or failure by a transferee |
5 | | pursuant to subsection a-10 of this Section to identify the |
6 | | federally licensed firearm dealer maintaining the transfer |
7 | | record, is a Class A misdemeanor for the first offense and a |
8 | | Class 4 felony for a second or subsequent offense occurring |
9 | | within 10 years of the first offense and the second offense was |
10 | | committed after conviction of the first offense. Whenever any |
11 | | person who has not previously been convicted of any violation |
12 | | of subsection (a-5), the court may grant supervision pursuant |
13 | | to and consistent with the limitations of Section 5-6-1 of the |
14 | | Unified Code of Corrections. A transferee or transferor shall |
15 | | not be criminally liable under this Section provided that he |
16 | | or she provides the Illinois State Police with the transfer |
17 | | records in accordance with procedures established by the |
18 | | Illinois State Police Department . The Illinois State Police |
19 | | Department shall establish, by rule, a standard form on its |
20 | | website. |
21 | | (b-5) Any resident may purchase ammunition from a person |
22 | | within or outside of Illinois if shipment is by United States |
23 | | mail or by a private express carrier authorized by federal law |
24 | | to ship ammunition. Any resident purchasing ammunition within |
25 | | or outside the State of Illinois must provide the seller with a |
26 | | copy of his or her valid Firearm Owner's Identification Card |
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1 | | or valid concealed carry license and either his or her |
2 | | Illinois driver's license or Illinois State Identification |
3 | | Card prior to the shipment of the ammunition. The ammunition |
4 | | may be shipped only to an address on either of those 2 |
5 | | documents. |
6 | | (c) The provisions of this Section regarding the transfer |
7 | | of firearm
ammunition shall not apply to those persons |
8 | | specified in paragraph (b) of
Section 2 of this Act. |
9 | | (Source: P.A. 102-237, eff. 1-1-24; 102-538, eff. 8-20-21; |
10 | | revised 10-13-21.)
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11 | | (430 ILCS 65/3.1) (from Ch. 38, par. 83-3.1)
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12 | | Sec. 3.1. Firearm Transfer Inquiry Program. |
13 | | (a) The Illinois State Police shall provide
a dial up |
14 | | telephone system or utilize other existing technology which |
15 | | shall be used by any federally licensed
firearm dealer, gun |
16 | | show promoter , or gun show vendor who is to transfer a firearm, |
17 | | stun gun, or taser under the provisions of this
Act. The |
18 | | Illinois State Police may utilize existing technology which
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19 | | allows the caller to be charged a fee not to exceed $2. Fees |
20 | | collected by the Illinois State Police shall be deposited in |
21 | | the State Police Firearm Services Fund and used
to provide the |
22 | | service.
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23 | | (b) Upon receiving a request from a federally licensed |
24 | | firearm dealer, gun show promoter , or gun show vendor, the
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25 | | Illinois State Police shall immediately approve , or , within |
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1 | | the time
period established by Section 24-3 of the Criminal |
2 | | Code of 2012 regarding
the delivery of firearms, stun guns, |
3 | | and tasers , notify the inquiring dealer, gun show promoter , or |
4 | | gun show vendor of any objection that
would disqualify the |
5 | | transferee from acquiring or possessing a firearm, stun gun, |
6 | | or taser. In
conducting the inquiry, the Illinois State Police |
7 | | shall initiate and
complete an automated search of its |
8 | | criminal history record information
files and those of the |
9 | | Federal Bureau of Investigation, including the
National |
10 | | Instant Criminal Background Check System, and of the files of
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11 | | the Department of Human Services relating to mental health and
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12 | | developmental disabilities to obtain
any felony conviction or |
13 | | patient hospitalization information which would
disqualify a |
14 | | person from obtaining or require revocation of a currently
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15 | | valid Firearm Owner's Identification Card. |
16 | | (b-5) By January 1, 2023, the Illinois State Police shall |
17 | | by rule provide a process for the automatic renewal of the |
18 | | Firearm Owner's Identification Card of a person at the time of |
19 | | an inquiry in subsection (b). Persons eligible for this |
20 | | process must have a set of fingerprints on file with their |
21 | | applications application under either subsection (a-25) of |
22 | | Section 4 or the Firearm Concealed Carry Act. |
23 | | (c) If receipt of a firearm would not violate Section 24-3 |
24 | | of the Criminal Code of 2012, federal law, or this Act , the |
25 | | Illinois State Police shall: |
26 | | (1) assign a unique identification number to the |
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1 | | transfer; and |
2 | | (2) provide the licensee, gun show promoter, or gun |
3 | | show vendor with the number. |
4 | | (d) Approvals issued by the Illinois State Police for the |
5 | | purchase of a firearm are valid for 30 days from the date of |
6 | | issue.
|
7 | | (e) (1) The Illinois State Police must act as the Illinois |
8 | | Point of Contact
for the National Instant Criminal Background |
9 | | Check System. |
10 | | (2) The Illinois State Police and the Department of Human |
11 | | Services shall, in accordance with State and federal law |
12 | | regarding confidentiality, enter into a memorandum of |
13 | | understanding with the Federal Bureau of Investigation for the |
14 | | purpose of implementing the National Instant Criminal |
15 | | Background Check System in the State. The Illinois State |
16 | | Police shall report the name, date of birth, and physical |
17 | | description of any person prohibited from possessing a firearm |
18 | | pursuant to the Firearm Owners Identification Card Act or 18 |
19 | | U.S.C. 922(g) and (n) to the National Instant Criminal |
20 | | Background Check System Index, Denied Persons Files.
|
21 | | (3) The Illinois State Police shall provide notice of the |
22 | | disqualification of a person under subsection (b) of this |
23 | | Section or the revocation of a person's Firearm Owner's |
24 | | Identification Card under Section 8 or Section 8.2 of this |
25 | | Act, and the reason for the disqualification or revocation, to |
26 | | all law enforcement agencies with jurisdiction to assist with |
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1 | | the seizure of the person's Firearm Owner's Identification |
2 | | Card. |
3 | | (f) The Illinois State Police shall adopt rules not |
4 | | inconsistent with this Section to implement this
system.
|
5 | | (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; |
6 | | revised 10-13-21.) |
7 | | (430 ILCS 65/3.4 new) |
8 | | Sec. 3.4. Firearms transfers; permits. |
9 | | (a) Notwithstanding any other law to the contrary, each |
10 | | local law enforcement agency shall issue a firearm permit to |
11 | | an applicant who seeks the purchase of a firearm to verify the |
12 | | identity of the purchaser and shall complete a full criminal |
13 | | background check of the applicant that includes obtaining |
14 | | fingerprints from the prospective firearm purchaser. The |
15 | | requirement that an applicant for a firearm submit a full set |
16 | | of fingerprints before being issued a firearm permit applies |
17 | | to the first issuance of a firearm permit under this |
18 | | amendatory Act of the 102nd General Assembly. Subsequent |
19 | | applications for firearm permits issued to an applicant do not |
20 | | require the re-submission of the applicant's fingerprints. |
21 | | (b) Each local law enforcement agency shall keep records |
22 | | of those permits and make them available to the Illinois State |
23 | | Police through the Law Enforcement Agencies Data System |
24 | | (LEADS). |
25 | | (c) The duration of the permit shall be 10 days after its |
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1 | | issuance. |
2 | | (d) The local law enforcement agency may deny a permit to |
3 | | purchase a firearm to an applicant if the agency, in its |
4 | | discretion, believes it is in the interest of public safety. |
5 | | (e) Prior to the purchase of a firearm, a person must |
6 | | submit the permit issued by the local law enforcement agency |
7 | | to the dealer or transferor of the firearm. |
8 | | (f) In this Section, "local law enforcement agency" means |
9 | | the municipal police department of the municipality in which |
10 | | the applicant for the firearm purchase resides, or if the |
11 | | applicant resides in an unincorporated area, or if no |
12 | | municipal police department exists in the applicant's |
13 | | municipality of residence, then "local law enforcement agency" |
14 | | means the office of the sheriff of the county of the |
15 | | applicant's residence.
|
16 | | (430 ILCS 65/4) (from Ch. 38, par. 83-4)
|
17 | | Sec. 4. Application for Firearm Owner's Identification |
18 | | Cards. |
19 | | (a) Each applicant for a Firearm Owner's Identification |
20 | | Card must:
|
21 | | (1) Submit an application as made available by the |
22 | | Illinois State Police; and
|
23 | | (2) Submit evidence to the Illinois State Police that:
|
24 | | (i) This subparagraph (i) applies through the |
25 | | 180th day following July 12, 2019 ( the effective date |
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1 | | of Public Act 101-80) this amendatory Act of the 101st |
2 | | General Assembly . He or she is 21 years of age or over, |
3 | | or if he or she is under 21
years of age that he or she |
4 | | has the written consent of his or her parent or
legal |
5 | | guardian to possess and acquire firearms and firearm |
6 | | ammunition and that
he or she has never been convicted |
7 | | of a misdemeanor other than a traffic
offense or |
8 | | adjudged
delinquent, provided, however, that such |
9 | | parent or legal guardian is not an
individual |
10 | | prohibited from having a Firearm Owner's |
11 | | Identification Card and
files an affidavit with the |
12 | | Department as prescribed by the Department
stating |
13 | | that he or she is not an individual prohibited from |
14 | | having a Card; |
15 | | (i-5) This subparagraph (i-5) applies on and after |
16 | | the 181st day following July 12, 2019 ( the effective |
17 | | date of Public Act 101-80) this amendatory Act of the |
18 | | 101st General Assembly . He or she is 21 years of age or |
19 | | over, or if he or she is under 21
years of age that he |
20 | | or she has never been convicted of a misdemeanor other |
21 | | than a traffic offense or adjudged delinquent and is |
22 | | an active duty member of the United States Armed |
23 | | Forces or has the written consent of his or her parent |
24 | | or
legal guardian to possess and acquire firearms and |
25 | | firearm ammunition, provided, however, that such |
26 | | parent or legal guardian is not an
individual |
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1 | | prohibited from having a Firearm Owner's |
2 | | Identification Card and
files an affidavit with the |
3 | | Illinois State Police Department as prescribed by the |
4 | | Illinois State Police Department
stating that he or |
5 | | she is not an individual prohibited from having a Card |
6 | | or the active duty member of the United States Armed |
7 | | Forces under 21 years of age annually submits proof to |
8 | | the Illinois State Police, in a manner prescribed by |
9 | | the Illinois State Police Department ;
|
10 | | (ii) He or she has not been convicted of a felony |
11 | | under the laws of
this or any other jurisdiction;
|
12 | | (iii) He or she is not addicted to narcotics;
|
13 | | (iv) He or she has not been a patient in a mental |
14 | | health facility within
the past 5 years or, if he or |
15 | | she has been a patient in a mental health facility more |
16 | | than 5 years ago submit the certification required |
17 | | under subsection (u) of Section 8 of this Act;
|
18 | | (v) He or she is not a person with an intellectual |
19 | | disability;
|
20 | | (vi) He or she is not an alien who is unlawfully |
21 | | present in the
United States under the laws of the |
22 | | United States;
|
23 | | (vii) He or she is not subject to an existing order |
24 | | of protection
prohibiting him or her from possessing a |
25 | | firearm;
|
26 | | (viii) He or she has not been convicted within the |
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1 | | past 5 years of
battery, assault, aggravated assault, |
2 | | violation of an order of
protection, or a |
3 | | substantially similar offense in another jurisdiction, |
4 | | in
which a firearm was used or possessed;
|
5 | | (ix) He or she has not been convicted of domestic |
6 | | battery, aggravated domestic battery, or a
|
7 | | substantially similar offense in another
jurisdiction |
8 | | committed before, on or after January 1, 2012 (the |
9 | | effective date of Public Act 97-158). If the applicant |
10 | | knowingly and intelligently waives the right to have |
11 | | an offense described in this clause (ix) tried by a |
12 | | jury, and by guilty plea or otherwise, results in a |
13 | | conviction for an offense in which a domestic |
14 | | relationship is not a required element of the offense |
15 | | but in which a determination of the applicability of |
16 | | 18 U.S.C. 922(g)(9) is made under Section 112A-11.1 of |
17 | | the Code of Criminal Procedure of 1963, an entry by the |
18 | | court of a judgment of conviction for that offense |
19 | | shall be grounds for denying the issuance of a Firearm |
20 | | Owner's Identification Card under this Section;
|
21 | | (x) (Blank);
|
22 | | (xi) He or she is not an alien who has been |
23 | | admitted to the United
States under a non-immigrant |
24 | | visa (as that term is defined in Section
101(a)(26) of |
25 | | the Immigration and Nationality Act (8 U.S.C. |
26 | | 1101(a)(26))),
or that he or she is an alien who has |
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1 | | been lawfully admitted to the United
States under a |
2 | | non-immigrant visa if that alien is:
|
3 | | (1) admitted to the United States for lawful |
4 | | hunting or sporting
purposes;
|
5 | | (2) an official representative of a foreign |
6 | | government who is:
|
7 | | (A) accredited to the United States |
8 | | Government or the Government's
mission to an |
9 | | international organization having its |
10 | | headquarters in the United
States; or
|
11 | | (B) en route to or from another country to |
12 | | which that alien is
accredited;
|
13 | | (3) an official of a foreign government or |
14 | | distinguished foreign
visitor who has been so |
15 | | designated by the Department of State;
|
16 | | (4) a foreign law enforcement officer of a |
17 | | friendly foreign
government entering the United |
18 | | States on official business; or
|
19 | | (5) one who has received a waiver from the |
20 | | Attorney General of the
United States pursuant to |
21 | | 18 U.S.C. 922(y)(3);
|
22 | | (xii) He or she is not a minor subject to a |
23 | | petition filed
under Section 5-520 of the Juvenile |
24 | | Court Act of 1987 alleging that the
minor is a |
25 | | delinquent minor for the commission of an offense that |
26 | | if
committed by an adult would be a felony;
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1 | | (xiii) He or she is not an adult who had been |
2 | | adjudicated a delinquent
minor under the Juvenile |
3 | | Court Act of 1987 for the commission of an offense
that |
4 | | if committed by an adult would be a felony;
|
5 | | (xiv) He or she is a resident of the State of |
6 | | Illinois; |
7 | | (xv) He or she has not been adjudicated as a person |
8 | | with a mental disability; |
9 | | (xvi) He or she has not been involuntarily |
10 | | admitted into a mental health facility; and |
11 | | (xvii) He or she is not a person with a |
12 | | developmental disability; and |
13 | | (xviii) On or after the effective date of this |
14 | | amendatory Act of the 102nd General Assembly if he or she |
15 | | is applying for or renewing a Firearm Owner's |
16 | | Identification Card that he or she has completed at least |
17 | | 8 hours of handgun safety training approved by the |
18 | | Director of the Illinois State Police; and |
19 | | (3) Upon request by the Illinois State Police, sign a |
20 | | release on a
form prescribed by the Illinois State Police |
21 | | waiving any right to
confidentiality and requesting the |
22 | | disclosure to the Illinois State Police
of limited mental |
23 | | health institution admission information from another |
24 | | state,
the District of Columbia, any other territory of |
25 | | the United States, or a
foreign nation concerning the |
26 | | applicant for the sole purpose of determining
whether the |
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1 | | applicant is or was a patient in a mental health |
2 | | institution and
disqualified because of that status from |
3 | | receiving a Firearm Owner's
Identification Card. No mental |
4 | | health care or treatment records may be
requested. The |
5 | | information received shall be destroyed within one year of
|
6 | | receipt.
|
7 | | (a-1) A person applying for a Firearm Owner's |
8 | | Identification Card shall acknowledge that if the person's |
9 | | Firearm Owner's Identification Card is revoked by a court or |
10 | | as a result of a criminal conviction that makes the person |
11 | | ineligible for a Firearm Owner's Identification Card, a court |
12 | | has probable cause to issue a search warrant to seize any |
13 | | firearms in the person's possession. |
14 | | (a-5) Each applicant for a Firearm Owner's Identification |
15 | | Card who is over
the age of 18 shall furnish to the Illinois |
16 | | State Police either his or
her Illinois driver's license |
17 | | number or Illinois Identification Card number, except as
|
18 | | provided in subsection (a-10).
|
19 | | (a-10) Each applicant for a Firearm Owner's Identification |
20 | | Card,
who is employed as a law enforcement officer, an armed |
21 | | security officer in Illinois, or by the United States Military
|
22 | | permanently assigned in Illinois and who is not an Illinois |
23 | | resident, shall furnish to
the Illinois State Police his or |
24 | | her driver's license number or state
identification card |
25 | | number from his or her state of residence. The Illinois State |
26 | | Police may adopt rules to enforce the provisions of this
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1 | | subsection (a-10).
|
2 | | (a-15) If an applicant applying for a Firearm Owner's |
3 | | Identification Card moves from the residence address named in |
4 | | the application, he or she shall immediately notify in a form |
5 | | and manner prescribed by the Illinois State Police of that |
6 | | change of address. |
7 | | (a-20) Each applicant for a Firearm Owner's Identification |
8 | | Card shall furnish to the Illinois State Police his or her |
9 | | photograph. An applicant who is 21 years of age or older |
10 | | seeking a religious exemption to the photograph requirement |
11 | | must furnish with the application an approved copy of United |
12 | | States Department of the Treasury Internal Revenue Service |
13 | | Form 4029. In lieu of a photograph, an applicant regardless of |
14 | | age seeking a religious exemption to the photograph |
15 | | requirement shall submit fingerprints on a form and manner |
16 | | prescribed by the Illinois State Police Department with his or |
17 | | her application. |
18 | | (a-25) Beginning January 1, 2023, each applicant for the |
19 | | issuance of a Firearm Owner's Identification Card may include |
20 | | a full set of his or her fingerprints in electronic format to |
21 | | the Illinois State Police, unless the applicant has previously |
22 | | provided a full set of his or her fingerprints to the Illinois |
23 | | State Police under this Act or the Firearm Concealed Carry |
24 | | Act. |
25 | | The fingerprints must be transmitted through a live scan |
26 | | fingerprint vendor licensed by the Department of Financial and |
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1 | | Professional Regulation. The fingerprints shall be checked |
2 | | against the fingerprint records now and hereafter filed in the |
3 | | Illinois State Police and Federal Bureau of Investigation |
4 | | criminal history records databases, including all available |
5 | | State and local criminal history record information files. |
6 | | The Illinois State Police shall charge applicants a |
7 | | one-time fee for conducting the criminal history record check, |
8 | | which shall be deposited into the State Police Services Fund |
9 | | and shall not exceed the actual cost of the State and national |
10 | | criminal history record check. |
11 | | (a-26) The Illinois State Police shall research, explore, |
12 | | and report to the General Assembly by January 1, 2022 on the |
13 | | feasibility of permitting voluntarily submitted fingerprints |
14 | | obtained for purposes other than Firearm Owner's |
15 | | Identification Card enforcement that are contained in the |
16 | | Illinois State Police database for purposes of this Act. |
17 | | (b) Each application form shall include the following |
18 | | statement printed in
bold type: "Warning: Entering false |
19 | | information on an application for a Firearm
Owner's |
20 | | Identification Card is punishable as a Class 2 felony in |
21 | | accordance
with subsection (d-5) of Section 14 of the Firearm |
22 | | Owners Identification Card
Act.".
|
23 | | (c) Upon such written consent, pursuant to Section 4, |
24 | | paragraph (a)(2)(i),
the parent or legal guardian giving the |
25 | | consent shall be liable for any
damages resulting from the |
26 | | applicant's use of firearms or firearm ammunition.
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1 | | (Source: P.A. 101-80, eff. 7-12-19; 102-237, eff. 1-1-22; |
2 | | 102-538, eff. 8-20-21; revised 10-12-21.)
|
3 | | (430 ILCS 65/8) (from Ch. 38, par. 83-8)
|
4 | | Sec. 8. Grounds for denial and revocation. The Illinois |
5 | | State Police has authority to deny an
application for or to |
6 | | revoke and seize a Firearm Owner's Identification
Card |
7 | | previously issued under this Act only if the Illinois State |
8 | | Police Department finds that the
applicant or the person to |
9 | | whom such card was issued is or was at the time
of issuance:
|
10 | | (a) A person under 21 years of age who has been |
11 | | convicted of a
misdemeanor other than a traffic offense or |
12 | | adjudged delinquent;
|
13 | | (b) This subsection (b) applies through the 180th day |
14 | | following July 12, 2019 ( the effective date of Public Act |
15 | | 101-80) this amendatory Act of the 101st General Assembly . |
16 | | A person under 21 years of age who does not have the |
17 | | written consent
of his parent or guardian to acquire and |
18 | | possess firearms and firearm
ammunition, or whose parent |
19 | | or guardian has revoked such written consent,
or where |
20 | | such parent or guardian does not qualify to have a Firearm |
21 | | Owner's
Identification Card; |
22 | | (b-5) This subsection (b-5) applies on and after the |
23 | | 181st day following July 12, 2019 ( the effective date of |
24 | | Public Act 101-80) this amendatory Act of the 101st |
25 | | General Assembly . A person under 21 years of age who is not |
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1 | | an active duty member of the United States Armed Forces |
2 | | and does not have the written consent
of his or her parent |
3 | | or guardian to acquire and possess firearms and firearm
|
4 | | ammunition, or whose parent or guardian has revoked such |
5 | | written consent,
or where such parent or guardian does not |
6 | | qualify to have a Firearm Owner's
Identification Card;
|
7 | | (c) A person convicted of a felony under the laws of |
8 | | this or any other
jurisdiction;
|
9 | | (d) A person addicted to narcotics;
|
10 | | (e) A person who has been a patient of a mental health |
11 | | facility within the
past 5 years or a person who has been a |
12 | | patient in a mental health facility more than 5 years ago |
13 | | who has not received the certification required under |
14 | | subsection (u) of this Section. An active law enforcement |
15 | | officer employed by a unit of government or a Department |
16 | | of Corrections employee authorized to possess firearms who |
17 | | is denied, revoked, or has his or her Firearm Owner's |
18 | | Identification Card seized under this subsection (e) may |
19 | | obtain relief as described in subsection (c-5) of Section |
20 | | 10 of this Act if the officer or employee did not act in a |
21 | | manner threatening to the officer or employee, another |
22 | | person, or the public as determined by the treating |
23 | | clinical psychologist or physician, and the officer or |
24 | | employee seeks mental health treatment;
|
25 | | (f) A person whose mental condition is of such a |
26 | | nature that it poses
a clear and present danger to the |
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1 | | applicant, any other person or persons , or
the community;
|
2 | | (g) A person who has an intellectual disability;
|
3 | | (h) A person who intentionally makes a false statement |
4 | | in the Firearm
Owner's Identification Card application;
|
5 | | (i) An alien who is unlawfully present in
the United |
6 | | States under the laws of the United States;
|
7 | | (i-5) An alien who has been admitted to the United |
8 | | States under a
non-immigrant visa (as that term is defined |
9 | | in Section 101(a)(26) of the
Immigration and Nationality |
10 | | Act (8 U.S.C. 1101(a)(26))), except that this
subsection |
11 | | (i-5) does not apply to any alien who has been lawfully |
12 | | admitted to
the United States under a non-immigrant visa |
13 | | if that alien is:
|
14 | | (1) admitted to the United States for lawful |
15 | | hunting or sporting purposes;
|
16 | | (2) an official representative of a foreign |
17 | | government who is:
|
18 | | (A) accredited to the United States Government |
19 | | or the Government's
mission to an international |
20 | | organization having its headquarters in the United
|
21 | | States; or
|
22 | | (B) en route to or from another country to |
23 | | which that alien is
accredited;
|
24 | | (3) an official of a foreign government or |
25 | | distinguished foreign visitor
who has been so |
26 | | designated by the Department of State;
|
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1 | | (4) a foreign law enforcement officer of a |
2 | | friendly foreign government
entering the United States |
3 | | on official business; or
|
4 | | (5) one who has received a waiver from the |
5 | | Attorney General of the United
States pursuant to 18 |
6 | | U.S.C. 922(y)(3);
|
7 | | (j) (Blank);
|
8 | | (k) A person who has been convicted within the past 5 |
9 | | years of battery,
assault, aggravated assault, violation |
10 | | of an order of protection, or a
substantially similar |
11 | | offense in another jurisdiction, in which a firearm was
|
12 | | used or possessed;
|
13 | | (l) A person who has been convicted of domestic |
14 | | battery, aggravated domestic battery, or a substantially
|
15 | | similar offense in another jurisdiction committed before, |
16 | | on or after January 1, 2012 (the effective date of Public |
17 | | Act 97-158). If the applicant or person who has been |
18 | | previously issued a Firearm Owner's Identification Card |
19 | | under this Act knowingly and intelligently waives the |
20 | | right to have an offense described in this paragraph (l) |
21 | | tried by a jury, and by guilty plea or otherwise, results |
22 | | in a conviction for an offense in which a domestic |
23 | | relationship is not a required element of the offense but |
24 | | in which a determination of the applicability of 18 U.S.C. |
25 | | 922(g)(9) is made under Section 112A-11.1 of the Code of |
26 | | Criminal Procedure of 1963, an entry by the court of a |
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1 | | judgment of conviction for that offense shall be grounds |
2 | | for denying an application for and for revoking and |
3 | | seizing a Firearm Owner's Identification Card previously |
4 | | issued to the person under this Act;
|
5 | | (m) (Blank);
|
6 | | (n) A person who is prohibited from acquiring or |
7 | | possessing
firearms or firearm ammunition by any Illinois |
8 | | State statute or by federal
law;
|
9 | | (o) A minor subject to a petition filed under Section |
10 | | 5-520 of the
Juvenile Court Act of 1987 alleging that the |
11 | | minor is a delinquent minor for
the commission of an |
12 | | offense that if committed by an adult would be a felony;
|
13 | | (p) An adult who had been adjudicated a delinquent |
14 | | minor under the Juvenile
Court Act of 1987 for the |
15 | | commission of an offense that if committed by an
adult |
16 | | would be a felony;
|
17 | | (q) A person who is not a resident of the State of |
18 | | Illinois, except as provided in subsection (a-10) of |
19 | | Section 4; |
20 | | (r) A person who has been adjudicated as a person with |
21 | | a mental disability; |
22 | | (s) A person who has been found to have a |
23 | | developmental disability; |
24 | | (t) A person involuntarily admitted into a mental |
25 | | health facility; or |
26 | | (u) A person who has had his or her Firearm Owner's |
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1 | | Identification Card revoked or denied under subsection (e) |
2 | | of this Section or item (iv) of paragraph (2) of |
3 | | subsection (a) of Section 4 of this Act because he or she |
4 | | was a patient in a mental health facility as provided in |
5 | | subsection (e) of this Section, shall not be permitted to |
6 | | obtain a Firearm Owner's Identification Card, after the |
7 | | 5-year period has lapsed, unless he or she has received a |
8 | | mental health evaluation by a physician, clinical |
9 | | psychologist, or qualified examiner as those terms are |
10 | | defined in the Mental Health and Developmental |
11 | | Disabilities Code, and has received a certification that |
12 | | he or she is not a clear and present danger to himself, |
13 | | herself, or others. The physician, clinical psychologist, |
14 | | or qualified examiner making the certification and his or |
15 | | her employer shall not be held criminally, civilly, or |
16 | | professionally liable for making or not making the |
17 | | certification required under this subsection, except for |
18 | | willful or wanton misconduct. This subsection does not |
19 | | apply to a person whose firearm possession rights have |
20 | | been restored through administrative or judicial action |
21 | | under Section 10 or 11 of this Act ; or |
22 | | (v) On or after the effective date of this amendatory |
23 | | Act of the 102nd General Assembly if he or she is applying |
24 | | for or renewing a Firearm Owner's Identification Card that |
25 | | he or she has not completed at least 8 hours of handgun |
26 | | safety training approved by the Director of the Illinois |
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1 | | State Police . |
2 | | Upon revocation of a person's Firearm Owner's |
3 | | Identification Card, the Illinois State Police shall provide |
4 | | notice to the person and the person shall comply with Section |
5 | | 9.5 of this Act. |
6 | | (Source: P.A. 101-80, eff. 7-12-19; 102-538, eff. 8-20-21; |
7 | | 102-645, eff. 1-1-22; revised 10-14-21.)
|
8 | | Section 95. The Criminal Code of 2012 is amended by |
9 | | changing Sections 24-3 and 24-3.5 as follows:
|
10 | | (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
|
11 | | Sec. 24-3. Unlawful sale or delivery of firearms.
|
12 | | (A) A person commits the offense of unlawful sale or |
13 | | delivery of firearms when he
or she knowingly does any of the |
14 | | following:
|
15 | | (a) Sells or gives any firearm of a size which may be |
16 | | concealed upon the
person to any person under 18 years of |
17 | | age.
|
18 | | (b) Sells or gives any firearm to a person under 21 |
19 | | years of age who has
been convicted of a misdemeanor other |
20 | | than a traffic offense or adjudged
delinquent.
|
21 | | (c) Sells or gives any firearm to any narcotic addict.
|
22 | | (d) Sells or gives any firearm to any person who has |
23 | | been convicted of a
felony under the laws of this or any |
24 | | other jurisdiction.
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1 | | (e) Sells or gives any firearm to any person who has |
2 | | been a patient in a
mental institution within the past 5 |
3 | | years. In this subsection (e): |
4 | | "Mental institution" means any hospital, |
5 | | institution, clinic, evaluation facility, mental |
6 | | health center, or part thereof, which is used |
7 | | primarily for the care or treatment of persons with |
8 | | mental illness. |
9 | | "Patient in a mental institution" means the person |
10 | | was admitted, either voluntarily or involuntarily, to |
11 | | a mental institution for mental health treatment, |
12 | | unless the treatment was voluntary and solely for an |
13 | | alcohol abuse disorder and no other secondary |
14 | | substance abuse disorder or mental illness.
|
15 | | (f) Sells or gives any firearms to any person who is a |
16 | | person with an intellectual disability.
|
17 | | (g) Delivers any firearm, incidental to a sale, |
18 | | without withholding delivery of the firearm
for at least |
19 | | 72 hours after application for its purchase has been made, |
20 | | or
delivers a stun gun or taser, incidental to a sale,
|
21 | | without withholding delivery of the stun gun or taser for
|
22 | | at least 24 hours after application for its purchase has |
23 | | been made.
However,
this paragraph (g) does not apply to: |
24 | | (1) the sale of a firearm
to a law enforcement officer if |
25 | | the seller of the firearm knows that the person to whom he |
26 | | or she is selling the firearm is a law enforcement officer |
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1 | | or the sale of a firearm to a person who desires to |
2 | | purchase a firearm for
use in promoting the public |
3 | | interest incident to his or her employment as a
bank |
4 | | guard, armed truck guard, or other similar employment; (2) |
5 | | a mail
order sale of a firearm from a federally licensed |
6 | | firearms dealer to a nonresident of Illinois under which |
7 | | the firearm
is mailed to a federally licensed firearms |
8 | | dealer outside the boundaries of Illinois; (3) (blank); |
9 | | (4) the sale of a
firearm to a dealer licensed as a federal |
10 | | firearms dealer under Section 923
of the federal Gun |
11 | | Control Act of 1968 (18 U.S.C. 923); or (5) the transfer or |
12 | | sale of any rifle, shotgun, or other long gun to a resident |
13 | | registered competitor or attendee or non-resident |
14 | | registered competitor or attendee by any dealer licensed |
15 | | as a federal firearms dealer under Section 923 of the |
16 | | federal Gun Control Act of 1968 at competitive shooting |
17 | | events held at the World Shooting Complex sanctioned by a |
18 | | national governing body. For purposes of transfers or |
19 | | sales under subparagraph (5) of this paragraph (g), the |
20 | | Department of Natural Resources shall give notice to the |
21 | | Illinois State Police at least 30 calendar days prior to |
22 | | any competitive shooting events at the World Shooting |
23 | | Complex sanctioned by a national governing body. The |
24 | | notification shall be made on a form prescribed by the |
25 | | Illinois State Police. The sanctioning body shall provide |
26 | | a list of all registered competitors and attendees at |
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1 | | least 24 hours before the events to the Illinois State |
2 | | Police. Any changes to the list of registered competitors |
3 | | and attendees shall be forwarded to the Illinois State |
4 | | Police as soon as practicable. The Illinois State Police |
5 | | must destroy the list of registered competitors and |
6 | | attendees no later than 30 days after the date of the |
7 | | event. Nothing in this paragraph (g) relieves a federally |
8 | | licensed firearm dealer from the requirements of |
9 | | conducting a NICS background check through the Illinois |
10 | | Point of Contact under 18 U.S.C. 922(t). For purposes of |
11 | | this paragraph (g), "application" means when the buyer and |
12 | | seller reach an agreement to purchase a firearm.
For |
13 | | purposes of this paragraph (g), "national governing body" |
14 | | means a group of persons who adopt rules and formulate |
15 | | policy on behalf of a national firearm sporting |
16 | | organization.
|
17 | | (h) While holding any license
as a dealer,
importer, |
18 | | manufacturer or pawnbroker
under the federal Gun Control |
19 | | Act of 1968,
manufactures, sells or delivers to any |
20 | | unlicensed person a handgun having
a barrel, slide, frame |
21 | | or receiver which is a die casting of zinc alloy or
any |
22 | | other nonhomogeneous metal which will melt or deform at a |
23 | | temperature
of less than 800 degrees Fahrenheit. For |
24 | | purposes of this paragraph, (1)
"firearm" is defined as in |
25 | | the Firearm Owners Identification Card Act; and (2)
|
26 | | "handgun" is defined as a firearm designed to be held
and |
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1 | | fired by the use of a single hand, and includes a |
2 | | combination of parts from
which such a firearm can be |
3 | | assembled.
|
4 | | (i) Sells or gives a firearm of any size to any person |
5 | | under 18 years of
age who does not possess a valid Firearm |
6 | | Owner's Identification Card.
|
7 | | (j) Sells or gives a firearm while engaged in the |
8 | | business of selling
firearms at wholesale or retail |
9 | | without being licensed as a federal firearms
dealer under |
10 | | Section 923 of the federal Gun Control Act of 1968 (18 |
11 | | U.S.C.
923). In this paragraph (j):
|
12 | | A person "engaged in the business" means a person who |
13 | | devotes time,
attention, and
labor to
engaging in the |
14 | | activity as a regular course of trade or business with the
|
15 | | principal objective of livelihood and profit, but does not |
16 | | include a person who
makes occasional repairs of firearms |
17 | | or who occasionally fits special barrels,
stocks, or |
18 | | trigger mechanisms to firearms.
|
19 | | "With the principal objective of livelihood and |
20 | | profit" means that the
intent
underlying the sale or |
21 | | disposition of firearms is predominantly one of
obtaining |
22 | | livelihood and pecuniary gain, as opposed to other |
23 | | intents, such as
improving or liquidating a personal |
24 | | firearms collection; however, proof of
profit shall not be |
25 | | required as to a person who engages in the regular and
|
26 | | repetitive purchase and disposition of firearms for |
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1 | | criminal purposes or
terrorism.
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2 | | (k) Sells or transfers ownership of a firearm to a |
3 | | person who does not display to the seller or transferor of |
4 | | the firearm either: (1) a currently valid Firearm Owner's |
5 | | Identification Card that has previously been issued in the |
6 | | transferee's name by the Illinois State Police under the |
7 | | provisions of the Firearm Owners Identification Card Act; |
8 | | or (2) a currently valid license to carry a concealed |
9 | | firearm that has previously been issued in the |
10 | | transferee's name by the
Illinois State Police under the |
11 | | Firearm Concealed Carry Act. This paragraph (k) does not |
12 | | apply to the transfer of a firearm to a person who is |
13 | | exempt from the requirement of possessing a Firearm |
14 | | Owner's Identification Card under Section 2 of the Firearm |
15 | | Owners Identification Card Act. For the purposes of this |
16 | | Section, a currently valid Firearm Owner's Identification |
17 | | Card or license to carry a concealed firearm means receipt |
18 | | of an approval number issued in accordance with subsection |
19 | | (a-10) of Section subsection 3 or Section 3.1 of the |
20 | | Firearm Owners Identification Card Act. |
21 | | (1) In addition to the other requirements of this |
22 | | paragraph (k), all persons who are not federally |
23 | | licensed firearms dealers must also have complied with |
24 | | subsection (a-10) of Section 3 of the Firearm Owners |
25 | | Identification Card Act by determining the validity of |
26 | | a purchaser's Firearm Owner's Identification Card. |
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1 | | (2) All sellers or transferors who have complied |
2 | | with the requirements of subparagraph (1) of this |
3 | | paragraph (k) shall not be liable for damages in any |
4 | | civil action arising from the use or misuse by the |
5 | | transferee of the firearm transferred, except for |
6 | | willful or wanton misconduct on the part of the seller |
7 | | or transferor. |
8 | | (l) Not
being entitled to the possession of a firearm, |
9 | | delivers the
firearm, knowing it to have been stolen or |
10 | | converted. It may be inferred that
a person who possesses |
11 | | a firearm with knowledge that its serial number has
been |
12 | | removed or altered has knowledge that the firearm is |
13 | | stolen or converted. |
14 | | (B) Paragraph (h) of subsection (A) does not include |
15 | | firearms sold within 6
months after enactment of Public
Act |
16 | | 78-355 (approved August 21, 1973, effective October 1, 1973), |
17 | | nor is any
firearm legally owned or
possessed by any citizen or |
18 | | purchased by any citizen within 6 months after the
enactment |
19 | | of Public Act 78-355 subject
to confiscation or seizure under |
20 | | the provisions of that Public Act. Nothing in
Public Act |
21 | | 78-355 shall be construed to prohibit the gift or trade of
any |
22 | | firearm if that firearm was legally held or acquired within 6 |
23 | | months after
the enactment of that Public Act.
|
24 | | (m) Sells or gives a firearm to a person who does not |
25 | | display to the seller or transferor a permit to purchase |
26 | | the firearm issued by the local law enforcement agency |
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1 | | under Section 3.4 of the Firearm Owners Identification |
2 | | Card Act. |
3 | | (C) Sentence.
|
4 | | (1) Any person convicted of unlawful sale or delivery |
5 | | of firearms in violation of
paragraph (c), (e), (f), (g), |
6 | | or (h) of subsection (A) commits a Class
4
felony.
|
7 | | (2) Any person convicted of unlawful sale or delivery |
8 | | of firearms in violation of
paragraph (b) or (i) of |
9 | | subsection (A) commits a Class 3 felony.
|
10 | | (3) Any person convicted of unlawful sale or delivery |
11 | | of firearms in violation of
paragraph (a) of subsection |
12 | | (A) commits a Class 2 felony.
|
13 | | (4) Any person convicted of unlawful sale or delivery |
14 | | of firearms in violation of
paragraph (a), (b), or (i) of |
15 | | subsection (A) in any school, on the real
property |
16 | | comprising a school, within 1,000 feet of the real |
17 | | property comprising
a school, at a school related |
18 | | activity, or on or within 1,000 feet of any
conveyance |
19 | | owned, leased, or contracted by a school or school |
20 | | district to
transport students to or from school or a |
21 | | school related activity,
regardless of the time of day or |
22 | | time of year at which the offense
was committed, commits a |
23 | | Class 1 felony. Any person convicted of a second
or |
24 | | subsequent violation of unlawful sale or delivery of |
25 | | 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 |
2 | | property comprising a
school, at a school related |
3 | | activity, or on or within 1,000 feet of any
conveyance |
4 | | owned, leased, or contracted by a school or school |
5 | | district to
transport students to or from school or a |
6 | | school related activity,
regardless of the time of day or |
7 | | time of year at which the offense
was committed, commits a |
8 | | Class 1 felony for which the sentence shall be a
term of |
9 | | imprisonment of no less than 5 years and no more than 15 |
10 | | years.
|
11 | | (5) Any person convicted of unlawful sale or delivery |
12 | | of firearms in violation of
paragraph (a) or (i) of |
13 | | subsection (A) in residential property owned,
operated, or |
14 | | managed by a public housing agency or leased by a public |
15 | | housing
agency as part of a scattered site or mixed-income |
16 | | development, in a public
park, in a
courthouse, on |
17 | | residential property owned, operated, or managed by a |
18 | | public
housing agency or leased by a public housing agency |
19 | | as part of a scattered site
or mixed-income development, |
20 | | on the real property comprising any public park,
on the |
21 | | real
property comprising any courthouse, or on any public |
22 | | way within 1,000 feet
of the real property comprising any |
23 | | public park, courthouse, or residential
property owned, |
24 | | operated, or managed by a public housing agency or leased |
25 | | by a
public housing agency as part of a scattered site or |
26 | | mixed-income development
commits a
Class 2 felony.
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1 | | (6) Any person convicted of unlawful sale or delivery |
2 | | of firearms in violation of
paragraph (j) of subsection |
3 | | (A) commits a Class A misdemeanor. A second or
subsequent |
4 | | violation is a Class 4 felony. |
5 | | (7) Any person convicted of unlawful sale or delivery |
6 | | of firearms in violation of paragraph (k) of subsection |
7 | | (A) commits a Class 4 felony, except that a violation of |
8 | | subparagraph (1) of paragraph (k) of subsection (A) shall |
9 | | not be punishable as a crime or petty offense. A third or |
10 | | subsequent conviction for a violation of paragraph (k) of |
11 | | subsection (A) is a Class 1 felony.
|
12 | | (8) A person 18 years of age or older convicted of |
13 | | unlawful sale or delivery of firearms in violation of |
14 | | paragraph (a) or (i) of subsection (A), when the firearm |
15 | | that was sold or given to another person under 18 years of |
16 | | age was used in the commission of or attempt to commit a |
17 | | forcible felony, shall be fined or imprisoned, or both, |
18 | | not to exceed the maximum provided for the most serious |
19 | | forcible felony so committed or attempted by the person |
20 | | under 18 years of age who was sold or given the firearm. |
21 | | (9) Any person convicted of unlawful sale or delivery |
22 | | of firearms in violation of
paragraph (d) of subsection |
23 | | (A) commits a Class 3 felony. |
24 | | (10) Any person convicted of unlawful sale or delivery |
25 | | of firearms in violation of paragraph (l) of subsection |
26 | | (A) commits a Class 2 felony if the delivery is of one |
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1 | | firearm. Any person convicted of unlawful sale or delivery |
2 | | of firearms in violation of paragraph (l) of subsection |
3 | | (A) commits a Class 1 felony if the delivery is of not less |
4 | | than 2 and not more than 5 firearms at the
same time or |
5 | | within a one-year one year period. Any person convicted of |
6 | | unlawful sale or delivery of firearms in violation of |
7 | | paragraph (l) of subsection (A) commits a Class X felony |
8 | | for which he or she shall be sentenced
to a term of |
9 | | imprisonment of not less than 6 years and not more than 30
|
10 | | years if the delivery is of not less than 6 and not more |
11 | | than 10 firearms at the
same time or within a 2-year 2 year |
12 | | period. Any person convicted of unlawful sale or delivery |
13 | | of firearms in violation of paragraph (l) of subsection |
14 | | (A) commits a Class X felony for which he or she shall be |
15 | | sentenced
to a term of imprisonment of not less than 6 |
16 | | years and not more than 40
years if the delivery is of not |
17 | | less than 11 and not more than 20 firearms at the
same time |
18 | | or within a 3-year 3 year period. Any person convicted of |
19 | | unlawful sale or delivery of firearms in violation of |
20 | | paragraph (l) of subsection (A) commits a Class X felony |
21 | | for which he or she shall be sentenced
to a term of |
22 | | imprisonment of not less than 6 years and not more than 50
|
23 | | years if the delivery is of not less than 21 and not more |
24 | | than 30 firearms at the
same time or within a 4-year 4 year |
25 | | period. Any person convicted of unlawful sale or delivery |
26 | | of firearms in violation of paragraph (l) of subsection |
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1 | | (A) commits a Class X felony for which he or she shall be |
2 | | sentenced
to a term of imprisonment of not less than 6 |
3 | | years and not more than 60
years if the delivery is of 31 |
4 | | or more firearms at the
same time or within a 5-year 5 year |
5 | | period. |
6 | | (11) Any person convicted of unlawful sale or delivery |
7 | | of firearms in violation of
paragraph (m) of subsection |
8 | | (A) commits a Class 1 felony. |
9 | | (D) For purposes of this Section:
|
10 | | "School" means a public or private elementary or secondary |
11 | | school,
community college, college, or university.
|
12 | | "School related activity" means any sporting, social, |
13 | | academic, or
other activity for which students' attendance or |
14 | | participation is sponsored,
organized, or funded in whole or |
15 | | in part by a school or school district.
|
16 | | (E) A prosecution for a violation of paragraph (k) of |
17 | | subsection (A) of this Section may be commenced within 6 years |
18 | | after the commission of the offense. A prosecution for a |
19 | | violation of this Section other than paragraph (g) of |
20 | | subsection (A) of this Section may be commenced within 5 years |
21 | | after the commission of the offense defined in the particular |
22 | | paragraph.
|
23 | | (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; |
24 | | revised 10-12-21.)
|
25 | | (720 ILCS 5/24-3.5)
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1 | | Sec. 24-3.5. Unlawful purchase of a firearm.
|
2 | | (a) For purposes of this Section,
"firearms transaction |
3 | | record form" means a form:
|
4 | | (1) executed by a transferee
of a firearm stating: (i) |
5 | | the transferee's name and address (including county
or |
6 | | similar political subdivision); (ii) whether the |
7 | | transferee is a citizen of
the United States;
(iii) the |
8 | | transferee's State of residence; and (iv) the date and |
9 | | place of
birth, height, weight, and race of the |
10 | | transferee; and
|
11 | | (2) on which the transferee certifies that he or she |
12 | | is not
prohibited by federal law from transporting or |
13 | | shipping a firearm
in interstate or foreign commerce or |
14 | | receiving a firearm that has been shipped
or transported |
15 | | in interstate or foreign commerce or possessing a firearm |
16 | | in or
affecting commerce.
|
17 | | (b) A person commits the offense of unlawful purchase of a |
18 | | firearm who
knowingly purchases or attempts to purchase a
|
19 | | firearm with the intent to deliver that firearm to another |
20 | | person who
is prohibited by federal or State law from |
21 | | possessing a firearm.
|
22 | | (c) A person commits the offense of unlawful purchase of a |
23 | | firearm when he
or she, in purchasing or attempting to |
24 | | purchase a firearm, intentionally
provides false or
misleading |
25 | | information on a United States Department of the Treasury, |
26 | | Bureau of
Alcohol, Tobacco and Firearms firearms transaction |
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1 | | record form.
|
2 | | (c-5) A person commits the offense of unlawful purchase of |
3 | | a firearm when he
or she, in purchasing or attempting to |
4 | | purchase a firearm does not display to the seller or |
5 | | transferor of the firearm a permit to purchase the firearm |
6 | | issued by the local law enforcement agency under Section 3.4 |
7 | | of the Firearm Owners Identification Card Act. |
8 | | (d) Exemption. It is not a violation of subsection (b) of |
9 | | this Section for a
person to make a gift or loan of a firearm |
10 | | to a
person who is not
prohibited by federal or State law from |
11 | | possessing a firearm
if the transfer of the firearm
is made in |
12 | | accordance with Section 3 of the Firearm Owners Identification |
13 | | Card
Act.
|
14 | | (e) Sentence.
|
15 | | (1) A person who commits the offense of unlawful |
16 | | purchase of a
firearm:
|
17 | | (A) is guilty of a Class 2 felony for purchasing or |
18 | | attempting to
purchase one firearm;
|
19 | | (B) is guilty of a Class 1 felony for purchasing or |
20 | | attempting to
purchase not less than 2
firearms and |
21 | | not more than 5 firearms at the same time or within a |
22 | | one
year period;
|
23 | | (C) is guilty of a Class X felony for which the |
24 | | offender shall be sentenced to a term of imprisonment |
25 | | of not less than 9 years and not more than 40 years for |
26 | | purchasing or attempting to
purchase not less than 6
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1 | | firearms at the same time or within a 2
year period.
|
2 | | (D) is guilty of a Class 2 felony for purchasing or |
3 | | attempting to
purchase a firearm in violation of |
4 | | subsection (c-5).
|
5 | | (2) In addition to any other penalty that may be |
6 | | imposed for a violation
of this Section, the court may |
7 | | sentence a person convicted of a violation of
subsection |
8 | | (c) of this Section to a fine not to exceed $250,000 for |
9 | | each
violation.
|
10 | | (f) A prosecution for unlawful purchase of a firearm may |
11 | | be commenced within 6 years after the commission of the |
12 | | offense.
|
13 | | (Source: P.A. 95-882, eff. 1-1-09.)
|
14 | | Section 995. No acceleration or delay. Where this Act |
15 | | makes changes in a statute that is represented in this Act by |
16 | | text that is not yet or no longer in effect (for example, a |
17 | | Section represented by multiple versions), the use of that |
18 | | text does not accelerate or delay the taking effect of (i) the |
19 | | changes made by this Act or (ii) provisions derived from any |
20 | | other Public Act.".
|