Rep. Denyse Wang Stoneback
Filed: 2/9/2022
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1 | AMENDMENT TO HOUSE BILL 5535
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2 | AMENDMENT NO. ______. Amend House Bill 5535 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section .05. This Act may be referred to as the Reduction | ||||||
5 | in Gun Crime Act. | ||||||
6 | Section 1. Short title. This Act may be cited as the | ||||||
7 | Commission on Interstate and Intrastate Trafficking of | ||||||
8 | Firearms Act. | ||||||
9 | Section 5. Commission on Interstate and Intrastate | ||||||
10 | Trafficking of Firearms. | ||||||
11 | (a) The Commission on Interstate and Intrastate | ||||||
12 | Trafficking of Firearms is created within the Illinois State | ||||||
13 | Police to assess the current needs relating to firearms | ||||||
14 | trafficking and advise the Governor and General Assembly on | ||||||
15 | necessary strategies to reduce illegal firearms trafficking. |
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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
| ||||||
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 |
| |||||||
| |||||||
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
| ||||||
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.
| ||||||
23 | (b) Upon receiving a request from a federally licensed | ||||||
24 | firearm dealer, gun show promoter , or gun show vendor, the
| ||||||
25 | Illinois State Police shall immediately approve , or , within |
| |||||||
| |||||||
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
| ||||||
11 | the Department of Human Services relating to mental health and
| ||||||
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
| ||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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;
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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.
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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;
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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.
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
1 | criminal purposes or
terrorism.
| ||||||
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. |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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
|
| |||||||
| |||||||
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.
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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)
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
1 | record form.
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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.
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14 | (e) Sentence.
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15 | (1) A person who commits the offense of unlawful | ||||||
16 | purchase of a
firearm:
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17 | (A) is guilty of a Class 2 felony for purchasing or | ||||||
18 | attempting to
purchase one firearm;
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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;
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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.
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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).
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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.
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10 | (f) A prosecution for unlawful purchase of a firearm may | ||||||
11 | be commenced within 6 years after the commission of the | ||||||
12 | offense.
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13 | (Source: P.A. 95-882, eff. 1-1-09.)
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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.".
|