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1 | AN ACT concerning firearms.
| |||||||||||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois,
| |||||||||||||||||||||||||||
3 | represented in the General Assembly:
| |||||||||||||||||||||||||||
4 | Section 5. The Firearm Owners Identification Card Act is | |||||||||||||||||||||||||||
5 | amended by changing Sections 4 and 8 and by adding Section 3.4 | |||||||||||||||||||||||||||
6 | as follows: | |||||||||||||||||||||||||||
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. | |||||||||||||||||||||||||||
15 | (b) Each local law enforcement agency shall keep records | |||||||||||||||||||||||||||
16 | of those permits and make them available to the Illinois State | |||||||||||||||||||||||||||
17 | Police through the Law Enforcement Agencies Data System | |||||||||||||||||||||||||||
18 | (LEADS). | |||||||||||||||||||||||||||
19 | (c) The duration of the permit shall be 10 days after its | |||||||||||||||||||||||||||
20 | issuance. | |||||||||||||||||||||||||||
21 | (d) The local law enforcement agency may deny a permit to | |||||||||||||||||||||||||||
22 | purchase a firearm to an applicant if the agency, in its | |||||||||||||||||||||||||||
23 | discretion, believes it is in the interest of public safety. |
| |||||||
| |||||||
1 | (e) Prior to the purchase of a firearm, a person must | ||||||
2 | submit the permit issued by the local law enforcement agency | ||||||
3 | to the dealer or transferor of the firearm. | ||||||
4 | (f) In this Section, "local law enforcement agency" means | ||||||
5 | the municipal police department of the municipality in which | ||||||
6 | the applicant for the firearm purchase resides, or if the | ||||||
7 | applicant resides in an unincorporated area, or if no | ||||||
8 | municipal police department exists in the applicant's | ||||||
9 | municipality of residence, then "local law enforcement agency" | ||||||
10 | means the office of the sheriff of the county of the | ||||||
11 | applicant's residence.
| ||||||
12 | (430 ILCS 65/4) (from Ch. 38, par. 83-4)
| ||||||
13 | Sec. 4. Application for Firearm Owner's Identification | ||||||
14 | Cards. | ||||||
15 | (a) Each applicant for a Firearm Owner's Identification | ||||||
16 | Card must:
| ||||||
17 | (1) Submit an application as made available by the | ||||||
18 | Illinois State Police; and
| ||||||
19 | (2) Submit evidence to the Illinois State Police that:
| ||||||
20 | (i) This subparagraph (i) applies through the | ||||||
21 | 180th day following July 12, 2019 (the effective date | ||||||
22 | of Public Act 101-80). He or she is 21 years of age or | ||||||
23 | over, or if he or she is under 21
years of age that he | ||||||
24 | or she has the written consent of his or her parent or
| ||||||
25 | legal guardian to possess and acquire firearms and |
| |||||||
| |||||||
1 | firearm ammunition and that
he or she has never been | ||||||
2 | convicted of a misdemeanor other than a traffic
| ||||||
3 | offense or adjudged
delinquent, provided, however, | ||||||
4 | that such parent or legal guardian is not an
| ||||||
5 | individual prohibited from having a Firearm Owner's | ||||||
6 | Identification Card and
files an affidavit with the | ||||||
7 | Department as prescribed by the Department
stating | ||||||
8 | that he or she is not an individual prohibited from | ||||||
9 | having a Card; | ||||||
10 | (i-5) This subparagraph (i-5) applies on and after | ||||||
11 | the 181st day following July 12, 2019 (the effective | ||||||
12 | date of Public Act 101-80). He or she is 21 years of | ||||||
13 | age or over, or if he or she is under 21
years of age | ||||||
14 | that he or she has never been convicted of a | ||||||
15 | misdemeanor other than a traffic offense or adjudged | ||||||
16 | delinquent and is an active duty member of the United | ||||||
17 | States Armed Forces or the Illinois National Guard or | ||||||
18 | has the written consent of his or her parent or
legal | ||||||
19 | guardian to possess and acquire firearms and firearm | ||||||
20 | ammunition, provided, however, that such parent or | ||||||
21 | legal guardian is not an
individual prohibited from | ||||||
22 | having a Firearm Owner's Identification Card and
files | ||||||
23 | an affidavit with the Illinois State Police as | ||||||
24 | prescribed by the Illinois State Police
stating that | ||||||
25 | he or she is not an individual prohibited from having a | ||||||
26 | Card or the active duty member of the United States |
| |||||||
| |||||||
1 | Armed Forces or the Illinois National Guard under 21 | ||||||
2 | years of age annually submits proof to the Illinois | ||||||
3 | State Police, in a manner prescribed by the Illinois | ||||||
4 | State Police;
| ||||||
5 | (ii) He or she has not been convicted of a felony | ||||||
6 | under the laws of
this or any other jurisdiction;
| ||||||
7 | (iii) He or she is not addicted to narcotics;
| ||||||
8 | (iv) He or she has not been a patient in a mental | ||||||
9 | health facility within
the past 5 years or, if he or | ||||||
10 | she has been a patient in a mental health facility more | ||||||
11 | than 5 years ago submit the certification required | ||||||
12 | under subsection (u) of Section 8 of this Act;
| ||||||
13 | (v) He or she is not a person with an intellectual | ||||||
14 | disability;
| ||||||
15 | (vi) He or she is not a noncitizen who is | ||||||
16 | unlawfully present in the
United States under the laws | ||||||
17 | of the United States;
| ||||||
18 | (vii) He or she is not subject to an existing order | ||||||
19 | of protection
prohibiting him or her from possessing a | ||||||
20 | firearm;
| ||||||
21 | (viii) He or she has not been convicted within the | ||||||
22 | past 5 years of
battery, assault, aggravated assault, | ||||||
23 | violation of an order of
protection, or a | ||||||
24 | substantially similar offense in another jurisdiction, | ||||||
25 | in
which a firearm was used or possessed;
| ||||||
26 | (ix) He or she has not been convicted of domestic |
| |||||||
| |||||||
1 | battery, aggravated domestic battery, or a
| ||||||
2 | substantially similar offense in another
jurisdiction | ||||||
3 | committed before, on or after January 1, 2012 (the | ||||||
4 | effective date of Public Act 97-158). If the applicant | ||||||
5 | knowingly and intelligently waives the right to have | ||||||
6 | an offense described in this clause (ix) tried by a | ||||||
7 | jury, and by guilty plea or otherwise, results in a | ||||||
8 | conviction for an offense in which a domestic | ||||||
9 | relationship is not a required element of the offense | ||||||
10 | but in which a determination of the applicability of | ||||||
11 | 18 U.S.C. 922(g)(9) is made under Section 112A-11.1 of | ||||||
12 | the Code of Criminal Procedure of 1963, an entry by the | ||||||
13 | court of a judgment of conviction for that offense | ||||||
14 | shall be grounds for denying the issuance of a Firearm | ||||||
15 | Owner's Identification Card under this Section;
| ||||||
16 | (x) (Blank);
| ||||||
17 | (xi) He or she is not a noncitizen who has been | ||||||
18 | admitted to the United
States under a non-immigrant | ||||||
19 | visa (as that term is defined in Section
101(a)(26) of | ||||||
20 | the Immigration and Nationality Act (8 U.S.C. | ||||||
21 | 1101(a)(26))),
or that he or she is a noncitizen who | ||||||
22 | has been lawfully admitted to the United
States under | ||||||
23 | a non-immigrant visa if that noncitizen is:
| ||||||
24 | (1) admitted to the United States for lawful | ||||||
25 | hunting or sporting
purposes;
| ||||||
26 | (2) an official representative of a foreign |
| |||||||
| |||||||
1 | government who is:
| ||||||
2 | (A) accredited to the United States | ||||||
3 | Government or the Government's
mission to an | ||||||
4 | international organization having its | ||||||
5 | headquarters in the United
States; or
| ||||||
6 | (B) en route to or from another country to | ||||||
7 | which that noncitizen is
accredited;
| ||||||
8 | (3) an official of a foreign government or | ||||||
9 | distinguished foreign
visitor who has been so | ||||||
10 | designated by the Department of State;
| ||||||
11 | (4) a foreign law enforcement officer of a | ||||||
12 | friendly foreign
government entering the United | ||||||
13 | States on official business; or
| ||||||
14 | (5) one who has received a waiver from the | ||||||
15 | Attorney General of the
United States pursuant to | ||||||
16 | 18 U.S.C. 922(y)(3);
| ||||||
17 | (xii) He or she is not a minor subject to a | ||||||
18 | petition filed
under Section 5-520 of the Juvenile | ||||||
19 | Court Act of 1987 alleging that the
minor is a | ||||||
20 | delinquent minor for the commission of an offense that | ||||||
21 | if
committed by an adult would be a felony;
| ||||||
22 | (xiii) He or she is not an adult who had been | ||||||
23 | adjudicated a delinquent
minor under the Juvenile | ||||||
24 | Court Act of 1987 for the commission of an offense
that | ||||||
25 | if committed by an adult would be a felony;
| ||||||
26 | (xiv) He or she is a resident of the State of |
| |||||||
| |||||||
1 | Illinois; | ||||||
2 | (xv) He or she has not been adjudicated as a person | ||||||
3 | with a mental disability; | ||||||
4 | (xvi) He or she has not been involuntarily | ||||||
5 | admitted into a mental health facility; and | ||||||
6 | (xvii) He or she is not a person with a | ||||||
7 | developmental disability; and | ||||||
8 | (xviii) If he or she is applying for or renewing a | ||||||
9 | Firearm Owner's Identification Card, that he or she has | ||||||
10 | completed at least 8 hours of handgun safety training | ||||||
11 | approved by the Director of the Illinois State Police; and | ||||||
12 | (3) Upon request by the Illinois State Police, sign a | ||||||
13 | release on a
form prescribed by the Illinois State Police | ||||||
14 | waiving any right to
confidentiality and requesting the | ||||||
15 | disclosure to the Illinois State Police
of limited mental | ||||||
16 | health institution admission information from another | ||||||
17 | state,
the District of Columbia, any other territory of | ||||||
18 | the United States, or a
foreign nation concerning the | ||||||
19 | applicant for the sole purpose of determining
whether the | ||||||
20 | applicant is or was a patient in a mental health | ||||||
21 | institution and
disqualified because of that status from | ||||||
22 | receiving a Firearm Owner's
Identification Card. No mental | ||||||
23 | health care or treatment records may be
requested. The | ||||||
24 | information received shall be destroyed within one year of
| ||||||
25 | receipt.
| ||||||
26 | (a-5) Each applicant for a Firearm Owner's Identification |
| |||||||
| |||||||
1 | Card who is over
the age of 18 shall furnish to the Illinois | ||||||
2 | State Police either his or
her Illinois driver's license | ||||||
3 | number or Illinois Identification Card number, except as
| ||||||
4 | provided in subsection (a-10).
| ||||||
5 | (a-10) Each applicant for a Firearm Owner's Identification | ||||||
6 | Card,
who is employed as a law enforcement officer, an armed | ||||||
7 | security officer in Illinois, or by the United States Military
| ||||||
8 | permanently assigned in Illinois and who is not an Illinois | ||||||
9 | resident, shall furnish to
the Illinois State Police his or | ||||||
10 | her driver's license number or state
identification card | ||||||
11 | number from his or her state of residence. The Illinois State | ||||||
12 | Police may adopt rules to enforce the provisions of this
| ||||||
13 | subsection (a-10).
| ||||||
14 | (a-15) If an applicant applying for a Firearm Owner's | ||||||
15 | Identification Card moves from the residence address named in | ||||||
16 | the application, he or she shall immediately notify in a form | ||||||
17 | and manner prescribed by the Illinois State Police of that | ||||||
18 | change of address. | ||||||
19 | (a-20) Each applicant for a Firearm Owner's Identification | ||||||
20 | Card shall furnish to the Illinois State Police his or her | ||||||
21 | photograph. An applicant who is 21 years of age or older | ||||||
22 | seeking a religious exemption to the photograph requirement | ||||||
23 | must furnish with the application an approved copy of United | ||||||
24 | States Department of the Treasury Internal Revenue Service | ||||||
25 | Form 4029. In lieu of a photograph, an applicant regardless of | ||||||
26 | age seeking a religious exemption to the photograph |
| |||||||
| |||||||
1 | requirement shall submit fingerprints on a form and manner | ||||||
2 | prescribed by the Illinois State Police with his or her | ||||||
3 | application. | ||||||
4 | (a-25) Beginning January 1, 2023, each applicant for the | ||||||
5 | issuance of a Firearm Owner's Identification Card may include | ||||||
6 | a full set of his or her fingerprints in electronic format to | ||||||
7 | the Illinois State Police, unless the applicant has previously | ||||||
8 | provided a full set of his or her fingerprints to the Illinois | ||||||
9 | State Police under this Act or the Firearm Concealed Carry | ||||||
10 | Act. | ||||||
11 | The fingerprints must be transmitted through a live scan | ||||||
12 | fingerprint vendor licensed by the Department of Financial and | ||||||
13 | Professional Regulation. The fingerprints shall be checked | ||||||
14 | against the fingerprint records now and hereafter filed in the | ||||||
15 | Illinois State Police and Federal Bureau of Investigation | ||||||
16 | criminal history records databases, including all available | ||||||
17 | State and local criminal history record information files. | ||||||
18 | The Illinois State Police shall charge applicants a | ||||||
19 | one-time fee for conducting the criminal history record check, | ||||||
20 | which shall be deposited into the State Police Services Fund | ||||||
21 | and shall not exceed the actual cost of the State and national | ||||||
22 | criminal history record check. | ||||||
23 | (a-26) The Illinois State Police shall research, explore, | ||||||
24 | and report to the General Assembly by January 1, 2022 on the | ||||||
25 | feasibility of permitting voluntarily submitted fingerprints | ||||||
26 | obtained for purposes other than Firearm Owner's |
| |||||||
| |||||||
1 | Identification Card enforcement that are contained in the | ||||||
2 | Illinois State Police database for purposes of this Act. | ||||||
3 | (b) Each application form shall include the following | ||||||
4 | statement printed in
bold type: "Warning: Entering false | ||||||
5 | information on an application for a Firearm
Owner's | ||||||
6 | Identification Card is punishable as a Class 2 felony in | ||||||
7 | accordance
with subsection (d-5) of Section 14 of the Firearm | ||||||
8 | Owners Identification Card
Act.".
| ||||||
9 | (c) Upon such written consent, pursuant to Section 4, | ||||||
10 | paragraph (a)(2)(i),
the parent or legal guardian giving the | ||||||
11 | consent shall be liable for any
damages resulting from the | ||||||
12 | applicant's use of firearms or firearm ammunition.
| ||||||
13 | (Source: P.A. 101-80, eff. 7-12-19; 102-237, eff. 1-1-22; | ||||||
14 | 102-538, eff. 8-20-21; 102-813, eff. 5-13-22; 102-1030, eff. | ||||||
15 | 5-27-22; 102-1116, eff. 1-10-23.)
| ||||||
16 | (430 ILCS 65/8) (from Ch. 38, par. 83-8)
| ||||||
17 | Sec. 8. Grounds for denial and revocation. The Illinois | ||||||
18 | State Police has authority to deny an
application for or to | ||||||
19 | revoke and seize a Firearm Owner's Identification
Card | ||||||
20 | previously issued under this Act only if the Illinois State | ||||||
21 | Police finds that the
applicant or the person to whom such card | ||||||
22 | was issued is or was at the time
of issuance:
| ||||||
23 | (a) A person under 21 years of age who has been | ||||||
24 | convicted of a
misdemeanor other than a traffic offense or | ||||||
25 | adjudged delinquent;
|
| |||||||
| |||||||
1 | (b) This subsection (b) applies through the 180th day | ||||||
2 | following July 12, 2019 (the effective date of Public Act | ||||||
3 | 101-80). A person under 21 years of age who does not have | ||||||
4 | the written consent
of his parent or guardian to acquire | ||||||
5 | and possess firearms and firearm
ammunition, or whose | ||||||
6 | parent or guardian has revoked such written consent,
or | ||||||
7 | where such parent or guardian does not qualify to have a | ||||||
8 | Firearm Owner's
Identification Card; | ||||||
9 | (b-5) This subsection (b-5) applies on and after the | ||||||
10 | 181st day following July 12, 2019 (the effective date of | ||||||
11 | Public Act 101-80). A person under 21 years of age who is | ||||||
12 | not an active duty member of the United States Armed | ||||||
13 | Forces or the Illinois National Guard and does not have | ||||||
14 | the written consent
of his or her parent or guardian to | ||||||
15 | acquire and possess firearms and firearm
ammunition, or | ||||||
16 | whose parent or guardian has revoked such written consent,
| ||||||
17 | or where such parent or guardian does not qualify to have a | ||||||
18 | Firearm Owner's
Identification Card;
| ||||||
19 | (c) A person convicted of a felony under the laws of | ||||||
20 | this or any other
jurisdiction;
| ||||||
21 | (d) A person addicted to narcotics;
| ||||||
22 | (e) A person who has been a patient of a mental health | ||||||
23 | facility within the
past 5 years or a person who has been a | ||||||
24 | patient in a mental health facility more than 5 years ago | ||||||
25 | who has not received the certification required under | ||||||
26 | subsection (u) of this Section. An active law enforcement |
| |||||||
| |||||||
1 | officer employed by a unit of government or a Department | ||||||
2 | of Corrections employee authorized to possess firearms who | ||||||
3 | is denied, revoked, or has his or her Firearm Owner's | ||||||
4 | Identification Card seized under this subsection (e) may | ||||||
5 | obtain relief as described in subsection (c-5) of Section | ||||||
6 | 10 of this Act if the officer or employee did not act in a | ||||||
7 | manner threatening to the officer or employee, another | ||||||
8 | person, or the public as determined by the treating | ||||||
9 | clinical psychologist or physician, and the officer or | ||||||
10 | employee seeks mental health treatment;
| ||||||
11 | (f) A person whose mental condition is of such a | ||||||
12 | nature that it poses
a clear and present danger to the | ||||||
13 | applicant, any other person or persons, or
the community;
| ||||||
14 | (g) A person who has an intellectual disability;
| ||||||
15 | (h) A person who intentionally makes a false statement | ||||||
16 | in the Firearm
Owner's Identification Card application or | ||||||
17 | endorsement affidavit;
| ||||||
18 | (i) A noncitizen who is unlawfully present in
the | ||||||
19 | United States under the laws of the United States;
| ||||||
20 | (i-5) A noncitizen who has been admitted to the United | ||||||
21 | States under a
non-immigrant visa (as that term is defined | ||||||
22 | in Section 101(a)(26) of the
Immigration and Nationality | ||||||
23 | Act (8 U.S.C. 1101(a)(26))), except that this
subsection | ||||||
24 | (i-5) does not apply to any noncitizen who has been | ||||||
25 | lawfully admitted to
the United States under a | ||||||
26 | non-immigrant visa if that noncitizen is:
|
| |||||||
| |||||||
1 | (1) admitted to the United States for lawful | ||||||
2 | hunting or sporting purposes;
| ||||||
3 | (2) an official representative of a foreign | ||||||
4 | government who is:
| ||||||
5 | (A) accredited to the United States Government | ||||||
6 | or the Government's
mission to an international | ||||||
7 | organization having its headquarters in the United
| ||||||
8 | States; or
| ||||||
9 | (B) en route to or from another country to | ||||||
10 | which that noncitizen is
accredited;
| ||||||
11 | (3) an official of a foreign government or | ||||||
12 | distinguished foreign visitor
who has been so | ||||||
13 | designated by the Department of State;
| ||||||
14 | (4) a foreign law enforcement officer of a | ||||||
15 | friendly foreign government
entering the United States | ||||||
16 | on official business; or
| ||||||
17 | (5) one who has received a waiver from the | ||||||
18 | Attorney General of the United
States pursuant to 18 | ||||||
19 | U.S.C. 922(y)(3);
| ||||||
20 | (j) (Blank);
| ||||||
21 | (k) A person who has been convicted within the past 5 | ||||||
22 | years of battery,
assault, aggravated assault, violation | ||||||
23 | of an order of protection, or a
substantially similar | ||||||
24 | offense in another jurisdiction, in which a firearm was
| ||||||
25 | used or possessed;
| ||||||
26 | (l) A person who has been convicted of domestic |
| |||||||
| |||||||
1 | battery, aggravated domestic battery, or a substantially
| ||||||
2 | similar offense in another jurisdiction committed before, | ||||||
3 | on or after January 1, 2012 (the effective date of Public | ||||||
4 | Act 97-158). If the applicant or person who has been | ||||||
5 | previously issued a Firearm Owner's Identification Card | ||||||
6 | under this Act knowingly and intelligently waives the | ||||||
7 | right to have an offense described in this paragraph (l) | ||||||
8 | tried by a jury, and by guilty plea or otherwise, results | ||||||
9 | in a conviction for an offense in which a domestic | ||||||
10 | relationship is not a required element of the offense but | ||||||
11 | in which a determination of the applicability of 18 U.S.C. | ||||||
12 | 922(g)(9) is made under Section 112A-11.1 of the Code of | ||||||
13 | Criminal Procedure of 1963, an entry by the court of a | ||||||
14 | judgment of conviction for that offense shall be grounds | ||||||
15 | for denying an application for and for revoking and | ||||||
16 | seizing a Firearm Owner's Identification Card previously | ||||||
17 | issued to the person under this Act;
| ||||||
18 | (m) (Blank);
| ||||||
19 | (n) A person who is prohibited from acquiring or | ||||||
20 | possessing
firearms or firearm ammunition by any Illinois | ||||||
21 | State statute or by federal
law;
| ||||||
22 | (o) A minor subject to a petition filed under Section | ||||||
23 | 5-520 of the
Juvenile Court Act of 1987 alleging that the | ||||||
24 | minor is a delinquent minor for
the commission of an | ||||||
25 | offense that if committed by an adult would be a felony;
| ||||||
26 | (p) An adult who had been adjudicated a delinquent |
| |||||||
| |||||||
1 | minor under the Juvenile
Court Act of 1987 for the | ||||||
2 | commission of an offense that if committed by an
adult | ||||||
3 | would be a felony;
| ||||||
4 | (q) A person who is not a resident of the State of | ||||||
5 | Illinois, except as provided in subsection (a-10) of | ||||||
6 | Section 4; | ||||||
7 | (r) A person who has been adjudicated as a person with | ||||||
8 | a mental disability; | ||||||
9 | (s) A person who has been found to have a | ||||||
10 | developmental disability; | ||||||
11 | (t) A person involuntarily admitted into a mental | ||||||
12 | health facility; or | ||||||
13 | (u) A person who has had his or her Firearm Owner's | ||||||
14 | Identification Card revoked or denied under subsection (e) | ||||||
15 | of this Section or item (iv) of paragraph (2) of | ||||||
16 | subsection (a) of Section 4 of this Act because he or she | ||||||
17 | was a patient in a mental health facility as provided in | ||||||
18 | subsection (e) of this Section, shall not be permitted to | ||||||
19 | obtain a Firearm Owner's Identification Card, after the | ||||||
20 | 5-year period has lapsed, unless he or she has received a | ||||||
21 | mental health evaluation by a physician, clinical | ||||||
22 | psychologist, or qualified examiner as those terms are | ||||||
23 | defined in the Mental Health and Developmental | ||||||
24 | Disabilities Code, and has received a certification that | ||||||
25 | he or she is not a clear and present danger to himself, | ||||||
26 | herself, or others. The physician, clinical psychologist, |
| |||||||
| |||||||
1 | or qualified examiner making the certification and his or | ||||||
2 | her employer shall not be held criminally, civilly, or | ||||||
3 | professionally liable for making or not making the | ||||||
4 | certification required under this subsection, except for | ||||||
5 | willful or wanton misconduct. This subsection does not | ||||||
6 | apply to a person whose firearm possession rights have | ||||||
7 | been restored through administrative or judicial action | ||||||
8 | under Section 10 or 11 of this Act ; or . | ||||||
9 | (v) A person who is applying for or renewing a Firearm | ||||||
10 | Owner's Identification Card and has not completed at least | ||||||
11 | 8 hours of handgun safety training approved by the | ||||||
12 | Director of the Illinois State Police. | ||||||
13 | Upon revocation of a person's Firearm Owner's | ||||||
14 | Identification Card, the Illinois State Police shall provide | ||||||
15 | notice to the person and the person shall comply with Section | ||||||
16 | 9.5 of this Act. | ||||||
17 | (Source: P.A. 101-80, eff. 7-12-19; 102-538, eff. 8-20-21; | ||||||
18 | 102-645, eff. 1-1-22; 102-813, eff. 5-13-22; 102-1030, eff. | ||||||
19 | 5-27-22; 102-1116, eff. 1-10-23.)
| ||||||
20 | Section 95. The Criminal Code of 2012 is amended by | ||||||
21 | changing Sections 24-3 and 24-3.5 as follows:
| ||||||
22 | (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
| ||||||
23 | Sec. 24-3. Unlawful sale or delivery of firearms.
| ||||||
24 | (A) A person commits the offense of unlawful sale or |
| |||||||
| |||||||
1 | delivery of firearms when he
or she knowingly does any of the | ||||||
2 | following:
| ||||||
3 | (a) Sells or gives any firearm of a size which may be | ||||||
4 | concealed upon the
person to any person under 18 years of | ||||||
5 | age.
| ||||||
6 | (b) Sells or gives any firearm to a person under 21 | ||||||
7 | years of age who has
been convicted of a misdemeanor other | ||||||
8 | than a traffic offense or adjudged
delinquent.
| ||||||
9 | (c) Sells or gives any firearm to any narcotic addict.
| ||||||
10 | (d) Sells or gives any firearm to any person who has | ||||||
11 | been convicted of a
felony under the laws of this or any | ||||||
12 | other jurisdiction.
| ||||||
13 | (e) Sells or gives any firearm to any person who has | ||||||
14 | been a patient in a
mental institution within the past 5 | ||||||
15 | years. In this subsection (e): | ||||||
16 | "Mental institution" means any hospital, | ||||||
17 | institution, clinic, evaluation facility, mental | ||||||
18 | health center, or part thereof, which is used | ||||||
19 | primarily for the care or treatment of persons with | ||||||
20 | mental illness. | ||||||
21 | "Patient in a mental institution" means the person | ||||||
22 | was admitted, either voluntarily or involuntarily, to | ||||||
23 | a mental institution for mental health treatment, | ||||||
24 | unless the treatment was voluntary and solely for an | ||||||
25 | alcohol abuse disorder and no other secondary | ||||||
26 | substance abuse disorder or mental illness.
|
| |||||||
| |||||||
1 | (f) Sells or gives any firearms to any person who is a | ||||||
2 | person with an intellectual disability.
| ||||||
3 | (g) Delivers any firearm, incidental to a sale, | ||||||
4 | without withholding delivery of the firearm
for at least | ||||||
5 | 72 hours after application for its purchase has been made, | ||||||
6 | or
delivers a stun gun or taser, incidental to a sale,
| ||||||
7 | without withholding delivery of the stun gun or taser for
| ||||||
8 | at least 24 hours after application for its purchase has | ||||||
9 | been made.
However,
this paragraph (g) does not apply to: | ||||||
10 | (1) the sale of a firearm
to a law enforcement officer if | ||||||
11 | the seller of the firearm knows that the person to whom he | ||||||
12 | or she is selling the firearm is a law enforcement officer | ||||||
13 | or the sale of a firearm to a person who desires to | ||||||
14 | purchase a firearm for
use in promoting the public | ||||||
15 | interest incident to his or her employment as a
bank | ||||||
16 | guard, armed truck guard, or other similar employment; (2) | ||||||
17 | a mail
order sale of a firearm from a federally licensed | ||||||
18 | firearms dealer to a nonresident of Illinois under which | ||||||
19 | the firearm
is mailed to a federally licensed firearms | ||||||
20 | dealer outside the boundaries of Illinois; (3) (blank); | ||||||
21 | (4) the sale of a
firearm to a dealer licensed as a federal | ||||||
22 | firearms dealer under Section 923
of the federal Gun | ||||||
23 | Control Act of 1968 (18 U.S.C. 923); or (5) the transfer or | ||||||
24 | sale of any rifle, shotgun, or other long gun to a resident | ||||||
25 | registered competitor or attendee or non-resident | ||||||
26 | registered competitor or attendee by any dealer licensed |
| |||||||
| |||||||
1 | as a federal firearms dealer under Section 923 of the | ||||||
2 | federal Gun Control Act of 1968 at competitive shooting | ||||||
3 | events held at the World Shooting Complex sanctioned by a | ||||||
4 | national governing body. For purposes of transfers or | ||||||
5 | sales under subparagraph (5) of this paragraph (g), the | ||||||
6 | Department of Natural Resources shall give notice to the | ||||||
7 | Illinois State Police at least 30 calendar days prior to | ||||||
8 | any competitive shooting events at the World Shooting | ||||||
9 | Complex sanctioned by a national governing body. The | ||||||
10 | notification shall be made on a form prescribed by the | ||||||
11 | Illinois State Police. The sanctioning body shall provide | ||||||
12 | a list of all registered competitors and attendees at | ||||||
13 | least 24 hours before the events to the Illinois State | ||||||
14 | Police. Any changes to the list of registered competitors | ||||||
15 | and attendees shall be forwarded to the Illinois State | ||||||
16 | Police as soon as practicable. The Illinois State Police | ||||||
17 | must destroy the list of registered competitors and | ||||||
18 | attendees no later than 30 days after the date of the | ||||||
19 | event. Nothing in this paragraph (g) relieves a federally | ||||||
20 | licensed firearm dealer from the requirements of | ||||||
21 | conducting a NICS background check through the Illinois | ||||||
22 | Point of Contact under 18 U.S.C. 922(t). For purposes of | ||||||
23 | this paragraph (g), "application" means when the buyer and | ||||||
24 | seller reach an agreement to purchase a firearm.
For | ||||||
25 | purposes of this paragraph (g), "national governing body" | ||||||
26 | means a group of persons who adopt rules and formulate |
| |||||||
| |||||||
1 | policy on behalf of a national firearm sporting | ||||||
2 | organization.
| ||||||
3 | (h) While holding any license
as a dealer,
importer, | ||||||
4 | manufacturer or pawnbroker
under the federal Gun Control | ||||||
5 | Act of 1968,
manufactures, sells or delivers to any | ||||||
6 | unlicensed person a handgun having
a barrel, slide, frame | ||||||
7 | or receiver which is a die casting of zinc alloy or
any | ||||||
8 | other nonhomogeneous metal which will melt or deform at a | ||||||
9 | temperature
of less than 800 degrees Fahrenheit. For | ||||||
10 | purposes of this paragraph, (1)
"firearm" is defined as in | ||||||
11 | the Firearm Owners Identification Card Act; and (2)
| ||||||
12 | "handgun" is defined as a firearm designed to be held
and | ||||||
13 | fired by the use of a single hand, and includes a | ||||||
14 | combination of parts from
which such a firearm can be | ||||||
15 | assembled.
| ||||||
16 | (i) Sells or gives a firearm of any size to any person | ||||||
17 | under 18 years of
age who does not possess a valid Firearm | ||||||
18 | Owner's Identification Card.
| ||||||
19 | (j) Sells or gives a firearm while engaged in the | ||||||
20 | business of selling
firearms at wholesale or retail | ||||||
21 | without being licensed as a federal firearms
dealer under | ||||||
22 | Section 923 of the federal Gun Control Act of 1968 (18 | ||||||
23 | U.S.C.
923). In this paragraph (j):
| ||||||
24 | A person "engaged in the business" means a person who | ||||||
25 | devotes time,
attention, and
labor to
engaging in the | ||||||
26 | activity as a regular course of trade or business with the
|
| |||||||
| |||||||
1 | principal objective of livelihood and profit, but does not | ||||||
2 | include a person who
makes occasional repairs of firearms | ||||||
3 | or who occasionally fits special barrels,
stocks, or | ||||||
4 | trigger mechanisms to firearms.
| ||||||
5 | "With the principal objective of livelihood and | ||||||
6 | profit" means that the
intent
underlying the sale or | ||||||
7 | disposition of firearms is predominantly one of
obtaining | ||||||
8 | livelihood and pecuniary gain, as opposed to other | ||||||
9 | intents, such as
improving or liquidating a personal | ||||||
10 | firearms collection; however, proof of
profit shall not be | ||||||
11 | required as to a person who engages in the regular and
| ||||||
12 | repetitive purchase and disposition of firearms for | ||||||
13 | criminal purposes or
terrorism.
| ||||||
14 | (k) Sells or transfers ownership of a firearm to a | ||||||
15 | person who does not display to the seller or transferor of | ||||||
16 | the firearm either: (1) a currently valid Firearm Owner's | ||||||
17 | Identification Card that has previously been issued in the | ||||||
18 | transferee's name by the Illinois State Police under the | ||||||
19 | provisions of the Firearm Owners Identification Card Act; | ||||||
20 | or (2) a currently valid license to carry a concealed | ||||||
21 | firearm that has previously been issued in the | ||||||
22 | transferee's name by the
Illinois State Police under the | ||||||
23 | Firearm Concealed Carry Act. This paragraph (k) does not | ||||||
24 | apply to the transfer of a firearm to a person who is | ||||||
25 | exempt from the requirement of possessing a Firearm | ||||||
26 | Owner's Identification Card under Section 2 of the Firearm |
| |||||||
| |||||||
1 | Owners Identification Card Act. For the purposes of this | ||||||
2 | Section, a currently valid Firearm Owner's Identification | ||||||
3 | Card or license to carry a concealed firearm means receipt | ||||||
4 | of an approval number issued in accordance with subsection | ||||||
5 | (a-10) of Section 3 or Section 3.1 of the Firearm Owners | ||||||
6 | Identification Card Act. | ||||||
7 | (1) In addition to the other requirements of this | ||||||
8 | paragraph (k), all persons who are not federally | ||||||
9 | licensed firearms dealers must also have complied with | ||||||
10 | subsection (a-10) of Section 3 of the Firearm Owners | ||||||
11 | Identification Card Act by determining the validity of | ||||||
12 | a purchaser's Firearm Owner's Identification Card. | ||||||
13 | (2) All sellers or transferors who have complied | ||||||
14 | with the requirements of subparagraph (1) of this | ||||||
15 | paragraph (k) shall not be liable for damages in any | ||||||
16 | civil action arising from the use or misuse by the | ||||||
17 | transferee of the firearm transferred, except for | ||||||
18 | willful or wanton misconduct on the part of the seller | ||||||
19 | or transferor. | ||||||
20 | (l) Not
being entitled to the possession of a firearm, | ||||||
21 | delivers the
firearm, knowing it to have been stolen or | ||||||
22 | converted. It may be inferred that
a person who possesses | ||||||
23 | a firearm with knowledge that its serial number has
been | ||||||
24 | removed or altered has knowledge that the firearm is | ||||||
25 | stolen or converted. | ||||||
26 | (m) Sells or gives a firearm to a person who does not |
| |||||||
| |||||||
1 | display to the seller or transferor a permit to purchase | ||||||
2 | the firearm issued by the local law enforcement agency | ||||||
3 | under Section 3.4 of the Firearm Owners Identification | ||||||
4 | Card Act. | ||||||
5 | (B) Paragraph (h) of subsection (A) does not include | ||||||
6 | firearms sold within 6
months after enactment of Public
Act | ||||||
7 | 78-355 (approved August 21, 1973, effective October 1, 1973), | ||||||
8 | nor is any
firearm legally owned or
possessed by any citizen or | ||||||
9 | purchased by any citizen within 6 months after the
enactment | ||||||
10 | of Public Act 78-355 subject
to confiscation or seizure under | ||||||
11 | the provisions of that Public Act. Nothing in
Public Act | ||||||
12 | 78-355 shall be construed to prohibit the gift or trade of
any | ||||||
13 | firearm if that firearm was legally held or acquired within 6 | ||||||
14 | months after
the enactment of that Public Act.
| ||||||
15 | (C) Sentence.
| ||||||
16 | (1) Any person convicted of unlawful sale or delivery | ||||||
17 | of firearms in violation of
paragraph (c), (e), (f), (g), | ||||||
18 | or (h) of subsection (A) commits a Class
4
felony.
| ||||||
19 | (2) Any person convicted of unlawful sale or delivery | ||||||
20 | of firearms in violation of
paragraph (b) or (i) of | ||||||
21 | subsection (A) commits a Class 3 felony.
| ||||||
22 | (3) Any person convicted of unlawful sale or delivery | ||||||
23 | of firearms in violation of
paragraph (a) of subsection | ||||||
24 | (A) commits a Class 2 felony.
| ||||||
25 | (4) Any person convicted of unlawful sale or delivery | ||||||
26 | of firearms in violation of
paragraph (a), (b), or (i) of |
| |||||||
| |||||||
1 | subsection (A) in any school, on the real
property | ||||||
2 | comprising a school, within 1,000 feet of the real | ||||||
3 | property comprising
a school, at a school related | ||||||
4 | activity, or on or within 1,000 feet of any
conveyance | ||||||
5 | owned, leased, or contracted by a school or school | ||||||
6 | district to
transport students to or from school or a | ||||||
7 | school related activity,
regardless of the time of day or | ||||||
8 | time of year at which the offense
was committed, commits a | ||||||
9 | Class 1 felony. Any person convicted of a second
or | ||||||
10 | subsequent violation of unlawful sale or delivery of | ||||||
11 | firearms in violation of paragraph
(a), (b), or (i) of | ||||||
12 | subsection (A) in any school, on the real property
| ||||||
13 | comprising a school, within 1,000 feet of the real | ||||||
14 | property comprising a
school, at a school related | ||||||
15 | activity, or on or within 1,000 feet of any
conveyance | ||||||
16 | owned, leased, or contracted by a school or school | ||||||
17 | district to
transport students to or from school or a | ||||||
18 | school related activity,
regardless of the time of day or | ||||||
19 | time of year at which the offense
was committed, commits a | ||||||
20 | Class 1 felony for which the sentence shall be a
term of | ||||||
21 | imprisonment of no less than 5 years and no more than 15 | ||||||
22 | years.
| ||||||
23 | (5) Any person convicted of unlawful sale or delivery | ||||||
24 | of firearms in violation of
paragraph (a) or (i) of | ||||||
25 | subsection (A) in residential property owned,
operated, or | ||||||
26 | managed by a public housing agency or leased by a public |
| |||||||
| |||||||
1 | housing
agency as part of a scattered site or mixed-income | ||||||
2 | development, in a public
park, in a
courthouse, on | ||||||
3 | residential property owned, operated, or managed by a | ||||||
4 | public
housing agency or leased by a public housing agency | ||||||
5 | as part of a scattered site
or mixed-income development, | ||||||
6 | on the real property comprising any public park,
on the | ||||||
7 | real
property comprising any courthouse, or on any public | ||||||
8 | way within 1,000 feet
of the real property comprising any | ||||||
9 | public park, courthouse, or residential
property owned, | ||||||
10 | operated, or managed by a public housing agency or leased | ||||||
11 | by a
public housing agency as part of a scattered site or | ||||||
12 | mixed-income development
commits a
Class 2 felony.
| ||||||
13 | (6) Any person convicted of unlawful sale or delivery | ||||||
14 | of firearms in violation of
paragraph (j) of subsection | ||||||
15 | (A) commits a Class A misdemeanor. A second or
subsequent | ||||||
16 | violation is a Class 4 felony. | ||||||
17 | (7) Any person convicted of unlawful sale or delivery | ||||||
18 | of firearms in violation of paragraph (k) of subsection | ||||||
19 | (A) commits a Class 4 felony, except that a violation of | ||||||
20 | subparagraph (1) of paragraph (k) of subsection (A) shall | ||||||
21 | not be punishable as a crime or petty offense. A third or | ||||||
22 | subsequent conviction for a violation of paragraph (k) of | ||||||
23 | subsection (A) is a Class 1 felony.
| ||||||
24 | (8) A person 18 years of age or older convicted of | ||||||
25 | unlawful sale or delivery of firearms in violation of | ||||||
26 | paragraph (a) or (i) of subsection (A), when the firearm |
| |||||||
| |||||||
1 | that was sold or given to another person under 18 years of | ||||||
2 | age was used in the commission of or attempt to commit a | ||||||
3 | forcible felony, shall be fined or imprisoned, or both, | ||||||
4 | not to exceed the maximum provided for the most serious | ||||||
5 | forcible felony so committed or attempted by the person | ||||||
6 | under 18 years of age who was sold or given the firearm. | ||||||
7 | (9) Any person convicted of unlawful sale or delivery | ||||||
8 | of firearms in violation of
paragraph (d) of subsection | ||||||
9 | (A) commits a Class 3 felony. | ||||||
10 | (10) Any person convicted of unlawful sale or delivery | ||||||
11 | of firearms in violation of paragraph (l) of subsection | ||||||
12 | (A) commits a Class 2 felony if the delivery is of one | ||||||
13 | firearm. Any person convicted of unlawful sale or delivery | ||||||
14 | of firearms in violation of paragraph (l) of subsection | ||||||
15 | (A) commits a Class 1 felony if the delivery is of not less | ||||||
16 | than 2 and not more than 5 firearms at the
same time or | ||||||
17 | within a one-year period. Any person convicted of unlawful | ||||||
18 | sale or delivery of firearms in violation of paragraph (l) | ||||||
19 | of subsection (A) commits a Class X felony for which he or | ||||||
20 | she shall be sentenced
to a term of imprisonment of not | ||||||
21 | less than 6 years and not more than 30
years if the | ||||||
22 | delivery is of not less than 6 and not more than 10 | ||||||
23 | firearms at the
same time or within a 2-year period. Any | ||||||
24 | person convicted of unlawful sale or delivery of firearms | ||||||
25 | in violation of paragraph (l) of subsection (A) commits a | ||||||
26 | Class X felony for which he or she shall be sentenced
to a |
| |||||||
| |||||||
1 | term of imprisonment of not less than 6 years and not more | ||||||
2 | than 40
years if the delivery is of not less than 11 and | ||||||
3 | not more than 20 firearms at the
same time or within a | ||||||
4 | 3-year period. Any person convicted of unlawful sale or | ||||||
5 | delivery of firearms in violation of paragraph (l) of | ||||||
6 | subsection (A) commits a Class X felony for which he or she | ||||||
7 | shall be sentenced
to a term of imprisonment of not less | ||||||
8 | than 6 years and not more than 50
years if the delivery is | ||||||
9 | of not less than 21 and not more than 30 firearms at the
| ||||||
10 | same time or within a 4-year period. Any person convicted | ||||||
11 | of unlawful sale or delivery of firearms in violation of | ||||||
12 | paragraph (l) of subsection (A) commits a Class X felony | ||||||
13 | for which he or she shall be sentenced
to a term of | ||||||
14 | imprisonment of not less than 6 years and not more than 60
| ||||||
15 | years if the delivery is of 31 or more firearms at the
same | ||||||
16 | time or within a 5-year period. | ||||||
17 | (11) Any person convicted of unlawful sale or delivery | ||||||
18 | of firearms in violation of
paragraph (m) of subsection | ||||||
19 | (A) commits a Class 1 felony. | ||||||
20 | (D) For purposes of this Section:
| ||||||
21 | "School" means a public or private elementary or secondary | ||||||
22 | school,
community college, college, or university.
| ||||||
23 | "School related activity" means any sporting, social, | ||||||
24 | academic, or
other activity for which students' attendance or | ||||||
25 | participation is sponsored,
organized, or funded in whole or | ||||||
26 | in part by a school or school district.
|
| |||||||
| |||||||
1 | (E) A prosecution for a violation of paragraph (k) of | ||||||
2 | subsection (A) of this Section may be commenced within 6 years | ||||||
3 | after the commission of the offense. A prosecution for a | ||||||
4 | violation of this Section other than paragraph (g) of | ||||||
5 | subsection (A) of this Section may be commenced within 5 years | ||||||
6 | after the commission of the offense defined in the particular | ||||||
7 | paragraph.
| ||||||
8 | (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; | ||||||
9 | 102-813, eff. 5-13-22.)
| ||||||
10 | (720 ILCS 5/24-3.5)
| ||||||
11 | Sec. 24-3.5. Unlawful purchase of a firearm.
| ||||||
12 | (a) For purposes of this Section,
"firearms transaction | ||||||
13 | record form" means a form:
| ||||||
14 | (1) executed by a transferee
of a firearm stating: (i) | ||||||
15 | the transferee's name and address (including county
or | ||||||
16 | similar political subdivision); (ii) whether the | ||||||
17 | transferee is a citizen of
the United States;
(iii) the | ||||||
18 | transferee's State of residence; and (iv) the date and | ||||||
19 | place of
birth, height, weight, and race of the | ||||||
20 | transferee; and
| ||||||
21 | (2) on which the transferee certifies that he or she | ||||||
22 | is not
prohibited by federal law from transporting or | ||||||
23 | shipping a firearm
in interstate or foreign commerce or | ||||||
24 | receiving a firearm that has been shipped
or transported | ||||||
25 | in interstate or foreign commerce or possessing a firearm |
| |||||||
| |||||||
1 | in or
affecting commerce.
| ||||||
2 | (b) A person commits the offense of unlawful purchase of a | ||||||
3 | firearm who
knowingly purchases or attempts to purchase a
| ||||||
4 | firearm with the intent to deliver that firearm to another | ||||||
5 | person who
is prohibited by federal or State law from | ||||||
6 | possessing a firearm.
| ||||||
7 | (c) A person commits the offense of unlawful purchase of a | ||||||
8 | firearm when he
or she, in purchasing or attempting to | ||||||
9 | purchase a firearm, intentionally
provides false or
misleading | ||||||
10 | information on a United States Department of the Treasury, | ||||||
11 | Bureau of
Alcohol, Tobacco and Firearms firearms transaction | ||||||
12 | record form.
| ||||||
13 | (c-5) A person commits the offense of unlawful purchase of | ||||||
14 | a firearm when he
or she, in purchasing or attempting to | ||||||
15 | purchase a firearm does not display to the seller or | ||||||
16 | transferor of the firearm a permit to purchase the firearm | ||||||
17 | issued by the local law enforcement agency under Section 3.4 | ||||||
18 | of the Firearm Owners Identification Card Act. | ||||||
19 | (d) Exemption. It is not a violation of subsection (b) of | ||||||
20 | this Section for a
person to make a gift or loan of a firearm | ||||||
21 | to a
person who is not
prohibited by federal or State law from | ||||||
22 | possessing a firearm
if the transfer of the firearm
is made in | ||||||
23 | accordance with Section 3 of the Firearm Owners Identification | ||||||
24 | Card
Act.
| ||||||
25 | (e) Sentence.
| ||||||
26 | (1) A person who commits the offense of unlawful |
| |||||||
| |||||||
1 | purchase of a
firearm:
| ||||||
2 | (A) is guilty of a Class 2 felony for purchasing or | ||||||
3 | attempting to
purchase one firearm;
| ||||||
4 | (B) is guilty of a Class 1 felony for purchasing or | ||||||
5 | attempting to
purchase not less than 2
firearms and | ||||||
6 | not more than 5 firearms at the same time or within a | ||||||
7 | one
year period;
| ||||||
8 | (C) is guilty of a Class X felony for which the | ||||||
9 | offender shall be sentenced to a term of imprisonment | ||||||
10 | of not less than 9 years and not more than 40 years for | ||||||
11 | purchasing or attempting to
purchase not less than 6
| ||||||
12 | firearms at the same time or within a 2
year period ; .
| ||||||
13 | (D) is guilty of a Class 2 felony for purchasing or | ||||||
14 | attempting to
purchase a firearm in violation of | ||||||
15 | subsection (c-5).
| ||||||
16 | (2) In addition to any other penalty that may be | ||||||
17 | imposed for a violation
of this Section, the court may | ||||||
18 | sentence a person convicted of a violation of
subsection | ||||||
19 | (c) of this Section to a fine not to exceed $250,000 for | ||||||
20 | each
violation.
| ||||||
21 | (f) A prosecution for unlawful purchase of a firearm may | ||||||
22 | be commenced within 6 years after the commission of the | ||||||
23 | offense.
| ||||||
24 | (Source: P.A. 95-882, eff. 1-1-09.)
|