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1 | AN ACT concerning criminal law, which may be referred to as | ||||||
2 | the Gun Safety and Responsibility Act.
| ||||||
3 | Be it enacted by the People of the State of Illinois,
| ||||||
4 | represented in the General Assembly:
| ||||||
5 | Section 5. The Firearm Owners Identification Card Act is | ||||||
6 | amended by changing Sections 3, 3.3, and 8 as follows: | ||||||
7 | (430 ILCS 65/3) (from Ch. 38, par. 83-3) | ||||||
8 | Sec. 3. (a) Except as provided in Section 3a, no person may | ||||||
9 | knowingly
transfer, or cause to be transferred, any firearm, | ||||||
10 | firearm ammunition, stun gun, or taser to any person within | ||||||
11 | this State unless the
transferee with whom he deals displays a | ||||||
12 | currently valid Firearm Owner's
Identification Card which has | ||||||
13 | previously been issued in his name by the
Department of State | ||||||
14 | Police under the provisions of this Act. In addition,
all | ||||||
15 | firearm, stun gun, and taser transfers by federally licensed | ||||||
16 | firearm dealers are subject
to Section 3.1. | ||||||
17 | (a-5) Any person who is not a federally licensed firearm | ||||||
18 | dealer and who desires to transfer or sell a firearm while that | ||||||
19 | person is on the grounds of a gun show must, before selling or | ||||||
20 | transferring the firearm, request the Department of State | ||||||
21 | Police to conduct a background check on the prospective | ||||||
22 | recipient of the firearm in accordance with Section 3.1.
| ||||||
23 | (a-10) Any person who is not a federally licensed firearm |
| |||||||
| |||||||
1 | dealer and who desires to transfer or sell a firearm or | ||||||
2 | firearms to any person who is not a federally licensed firearm | ||||||
3 | dealer shall, before selling or transferring the firearms, | ||||||
4 | contact the Department of State Police with the transferee's or | ||||||
5 | purchaser's Firearm Owner's Identification Card number to | ||||||
6 | determine the validity of the transferee's or purchaser's | ||||||
7 | Firearm Owner's Identification Card. This subsection shall not | ||||||
8 | be effective until January 1, 2014. The Department of State | ||||||
9 | Police may adopt rules concerning the implementation of this | ||||||
10 | subsection. The Department of State Police shall provide the | ||||||
11 | seller or transferor an approval number if the purchaser's | ||||||
12 | Firearm Owner's Identification Card is valid. Approvals issued | ||||||
13 | by the Department for the purchase of a firearm pursuant to | ||||||
14 | this subsection are valid for 30 days from the date of issue. | ||||||
15 | (a-15) The provisions of subsection (a-10) of this Section | ||||||
16 | do not apply to: | ||||||
17 | (1) transfers that occur at the place of business of a | ||||||
18 | federally licensed firearm dealer, if the federally | ||||||
19 | licensed firearm dealer conducts a background check on the | ||||||
20 | prospective recipient of the firearm in accordance with | ||||||
21 | Section 3.1 of this Act and follows all other applicable | ||||||
22 | federal, State, and local laws as if he or she were the | ||||||
23 | seller or transferor of the firearm, although the dealer is | ||||||
24 | not required to accept the firearm into his or her | ||||||
25 | inventory. The purchaser or transferee may be required by | ||||||
26 | the federally licensed firearm dealer to pay a fee not to |
| |||||||
| |||||||
1 | exceed $10 per firearm, which the dealer may retain as | ||||||
2 | compensation for performing the functions required under | ||||||
3 | this paragraph, plus the applicable fees authorized by | ||||||
4 | Section 3.1; | ||||||
5 | (2) transfers as a bona fide gift to the transferor's | ||||||
6 | husband, wife, son, daughter, stepson, stepdaughter, | ||||||
7 | father, mother, stepfather, stepmother, brother, sister, | ||||||
8 | nephew, niece, uncle, aunt, grandfather, grandmother, | ||||||
9 | grandson, granddaughter, father-in-law, mother-in-law, | ||||||
10 | son-in-law, or daughter-in-law; | ||||||
11 | (3) transfers by persons acting pursuant to operation | ||||||
12 | of law or a court order; | ||||||
13 | (4) transfers on the grounds of a gun show under | ||||||
14 | subsection (a-5) of this Section; | ||||||
15 | (5) the delivery of a firearm by its owner to a | ||||||
16 | gunsmith for service or repair, the return of the firearm | ||||||
17 | to its owner by the gunsmith, or the delivery of a firearm | ||||||
18 | by a gunsmith to a federally licensed firearms dealer for | ||||||
19 | service or repair and the return of the firearm to the | ||||||
20 | gunsmith; | ||||||
21 | (6) temporary transfers that occur while in the home of | ||||||
22 | the unlicensed transferee, if the unlicensed transferee is | ||||||
23 | not otherwise prohibited from possessing firearms and the | ||||||
24 | unlicensed transferee reasonably believes that possession | ||||||
25 | of the firearm is necessary to prevent imminent death or | ||||||
26 | great bodily harm to the unlicensed transferee; |
| |||||||
| |||||||
1 | (7) transfers to a law enforcement or corrections | ||||||
2 | agency or a law enforcement or corrections officer acting | ||||||
3 | within the course and scope of his or her official duties; | ||||||
4 | (8) transfers of firearms that have been rendered | ||||||
5 | permanently inoperable to a nonprofit historical society, | ||||||
6 | museum, or institutional collection; and | ||||||
7 | (9) transfers to a person who is exempt from the | ||||||
8 | requirement of possessing a Firearm Owner's Identification | ||||||
9 | Card under Section 2 of this Act. | ||||||
10 | (a-20) The Department of State Police shall develop an | ||||||
11 | Internet-based system for individuals to determine the | ||||||
12 | validity of a Firearm Owner's Identification Card prior to the | ||||||
13 | sale or transfer of a firearm. The Department shall have the | ||||||
14 | Internet-based system completed and available for use by July | ||||||
15 | 1, 2015. The Department shall adopt rules not inconsistent with | ||||||
16 | this Section to implement this system. | ||||||
17 | (b) Any person within this State who transfers or causes to | ||||||
18 | be
transferred any firearm, stun gun, or taser shall keep a | ||||||
19 | record of such transfer for a period
of 10 years from the date | ||||||
20 | of transfer. Such record shall contain the date
of the | ||||||
21 | transfer; the description, serial number or other information
| ||||||
22 | identifying the firearm, stun gun, or taser if no serial number | ||||||
23 | is available; and, if the
transfer was completed within this | ||||||
24 | State, the transferee's Firearm Owner's
Identification Card | ||||||
25 | number and any approval number or documentation provided by the | ||||||
26 | Department of State Police pursuant to subsection (a-10) of |
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| |||||||
1 | this Section . On or after January 1, 2006, the record shall | ||||||
2 | contain the date of application for transfer of the firearm. On | ||||||
3 | demand of a peace officer such transferor
shall produce for | ||||||
4 | inspection such record of transfer. If the transfer or sale | ||||||
5 | took place at a gun show, the record shall include the unique | ||||||
6 | identification number. Failure to record the unique | ||||||
7 | identification number or approval number is a petty offense.
| ||||||
8 | (b-5) Any resident may purchase ammunition from a person | ||||||
9 | within or outside of Illinois if shipment is by United States | ||||||
10 | mail or by a private express carrier authorized by federal law | ||||||
11 | to ship ammunition. Any resident purchasing ammunition within | ||||||
12 | or outside the State of Illinois must provide the seller with a | ||||||
13 | copy of his or her valid Firearm Owner's Identification Card | ||||||
14 | and either his or her Illinois driver's license or Illinois | ||||||
15 | State Identification Card prior to the shipment of the | ||||||
16 | ammunition. The ammunition may be shipped only to an address on | ||||||
17 | either of those 2 documents. | ||||||
18 | (c) The provisions of this Section regarding the transfer | ||||||
19 | of firearm
ammunition shall not apply to those persons | ||||||
20 | specified in paragraph (b) of
Section 2 of this Act. | ||||||
21 | (Source: P.A. 97-1135, eff. 12-4-12.) | ||||||
22 | (430 ILCS 65/3.3)
| ||||||
23 | Sec. 3.3. Report to the local law enforcement agency. The | ||||||
24 | Department of
State Police must report the name and address
of | ||||||
25 | a person to the local law enforcement agency where the person |
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| |||||||
1 | resides if the
person attempting to purchase a firearm is | ||||||
2 | disqualified from purchasing a
firearm because of information | ||||||
3 | obtained
under subsection (a-10) of Section 3 or Section 3.1 | ||||||
4 | that would disqualify the person from obtaining a Firearm | ||||||
5 | Owner's Identification Card under any of subsections (c) | ||||||
6 | through (n) of Section 8 of this Act.
| ||||||
7 | (Source: P.A. 94-125, eff. 1-1-06.)
| ||||||
8 | (430 ILCS 65/8) (from Ch. 38, par. 83-8)
| ||||||
9 | (Text of Section before amendment by P.A. 97-1167 )
| ||||||
10 | Sec. 8. Grounds for denial and revocation. | ||||||
11 | The Department of State Police has authority to deny an
| ||||||
12 | application for or to revoke and seize a Firearm Owner's | ||||||
13 | Identification
Card previously issued under this Act only if | ||||||
14 | the Department finds that the
applicant or the person to whom | ||||||
15 | such card was issued is or was at the time
of issuance:
| ||||||
16 | (a) A person under 21 years of age who has been | ||||||
17 | convicted of a
misdemeanor other than a traffic offense or | ||||||
18 | adjudged delinquent;
| ||||||
19 | (b) A person under 21 years of age who does not have | ||||||
20 | the written consent
of his parent or guardian to acquire | ||||||
21 | and possess firearms and firearm
ammunition, or whose | ||||||
22 | parent or guardian has revoked such written consent,
or | ||||||
23 | where such parent or guardian does not qualify to have a | ||||||
24 | Firearm Owner's
Identification Card;
| ||||||
25 | (c) A person convicted of a felony under the laws of |
| |||||||
| |||||||
1 | this or any other
jurisdiction;
| ||||||
2 | (d) A person addicted to narcotics;
| ||||||
3 | (e) A person who has been a patient of a mental | ||||||
4 | institution within the
past 5 years . An active law | ||||||
5 | enforcement officer employed by a unit of government who is | ||||||
6 | denied, revoked, or has his or her Firearm Owner's | ||||||
7 | Identification Card seized under this subsection (e) may | ||||||
8 | obtain relief as described in subsection (c-5) of Section | ||||||
9 | 10 of this Act if the officer did not act in a manner | ||||||
10 | threatening to the officer, another person, or the public | ||||||
11 | as determined by the treating clinical psychologist or | ||||||
12 | physician, and the officer seeks mental health treatment or | ||||||
13 | has been adjudicated as a mental defective ;
| ||||||
14 | (f) A person whose mental condition is of such a nature | ||||||
15 | that it poses
a clear and present danger to the applicant, | ||||||
16 | any other person or persons or
the community;
| ||||||
17 | For the purposes of this Section, "mental condition" | ||||||
18 | means a state of
mind manifested by violent, suicidal, | ||||||
19 | threatening or assaultive behavior.
| ||||||
20 | (g) A person who is intellectually disabled;
| ||||||
21 | (h) A person who intentionally makes a false statement | ||||||
22 | in the Firearm
Owner's Identification Card application;
| ||||||
23 | (i) An alien who is unlawfully present in
the United | ||||||
24 | States under the laws of the United States;
| ||||||
25 | (i-5) An alien who has been admitted to the United | ||||||
26 | States under a
non-immigrant visa (as that term is defined |
| |||||||
| |||||||
1 | in Section 101(a)(26) of the
Immigration and Nationality | ||||||
2 | Act (8 U.S.C. 1101(a)(26))), except that this
subsection | ||||||
3 | (i-5) does not apply to any alien who has been lawfully | ||||||
4 | admitted to
the United States under a non-immigrant visa if | ||||||
5 | that alien is:
| ||||||
6 | (1) admitted to the United States for lawful hunting or | ||||||
7 | sporting purposes;
| ||||||
8 | (2) an official representative of a foreign government | ||||||
9 | who is:
| ||||||
10 | (A) accredited to the United States Government or | ||||||
11 | the Government's
mission to an international | ||||||
12 | organization having its headquarters in the United
| ||||||
13 | States; or
| ||||||
14 | (B) en route to or from another country to which | ||||||
15 | that alien is
accredited;
| ||||||
16 | (3) an official of a foreign government or | ||||||
17 | distinguished foreign visitor
who has been so | ||||||
18 | designated by the Department of State;
| ||||||
19 | (4) a foreign law enforcement officer of a friendly | ||||||
20 | foreign government
entering the United States on | ||||||
21 | official business; or
| ||||||
22 | (5) one who has received a waiver from the Attorney | ||||||
23 | General of the United
States pursuant to 18 U.S.C. | ||||||
24 | 922(y)(3);
| ||||||
25 | (j) (Blank);
| ||||||
26 | (k) A person who has been convicted within the past 5 |
| |||||||
| |||||||
1 | years of battery,
assault, aggravated assault, violation | ||||||
2 | of an order of protection, or a
substantially similar | ||||||
3 | offense in another jurisdiction, in which a firearm was
| ||||||
4 | used or possessed;
| ||||||
5 | (l) A person who has been convicted of domestic | ||||||
6 | battery, aggravated domestic battery, or a substantially
| ||||||
7 | similar offense in another jurisdiction committed before, | ||||||
8 | on or after January 1, 2012 (the effective date of Public | ||||||
9 | Act 97-158). If the applicant or person who has been | ||||||
10 | previously issued a Firearm Owner's Identification Card | ||||||
11 | under this Act knowingly and intelligently waives the right | ||||||
12 | to have an offense described in this paragraph (l) tried by | ||||||
13 | a jury, and by guilty plea or otherwise, results in a | ||||||
14 | conviction for an offense in which a domestic relationship | ||||||
15 | is not a required element of the offense but in which a | ||||||
16 | determination of the applicability of 18 U.S.C. 922(g)(9) | ||||||
17 | is made under Section 112A-11.1 of the Code of Criminal | ||||||
18 | Procedure of 1963, an entry by the court of a judgment of | ||||||
19 | conviction for that offense shall be grounds for denying an | ||||||
20 | application for and for revoking and seizing a Firearm | ||||||
21 | Owner's Identification Card previously issued to the | ||||||
22 | person under this Act;
| ||||||
23 | (m) (Blank);
| ||||||
24 | (n) A person who is prohibited from acquiring or | ||||||
25 | possessing
firearms or firearm ammunition by any Illinois | ||||||
26 | State statute or by federal
law;
|
| |||||||
| |||||||
1 | (o) A minor subject to a petition filed under Section | ||||||
2 | 5-520 of the
Juvenile Court Act of 1987 alleging that the | ||||||
3 | minor is a delinquent minor for
the commission of an | ||||||
4 | offense that if committed by an adult would be a felony;
| ||||||
5 | (p) An adult who had been adjudicated a delinquent | ||||||
6 | minor under the Juvenile
Court Act of 1987 for the | ||||||
7 | commission of an offense that if committed by an
adult | ||||||
8 | would be a felony; or
| ||||||
9 | (q) A person who is not a resident of the State of | ||||||
10 | Illinois, except as provided in subsection (a-10) of | ||||||
11 | Section 4. | ||||||
12 | (Source: P.A. 96-701, eff. 1-1-10; 97-158, eff. 1-1-12; 97-227, | ||||||
13 | eff. 1-1-12; 97-813, eff. 7-13-12; 97-1131, eff. 1-1-13.)
| ||||||
14 | (Text of Section after amendment by P.A. 97-1167 ) | ||||||
15 | Sec. 8. Grounds for denial and revocation. | ||||||
16 | The Department of State Police has authority to deny an
| ||||||
17 | application for or to revoke and seize a Firearm Owner's | ||||||
18 | Identification
Card previously issued under this Act only if | ||||||
19 | the Department finds that the
applicant or the person to whom | ||||||
20 | such card was issued is or was at the time
of issuance:
| ||||||
21 | (a) A person under 21 years of age who has been | ||||||
22 | convicted of a
misdemeanor other than a traffic offense or | ||||||
23 | adjudged delinquent;
| ||||||
24 | (b) A person under 21 years of age who does not have | ||||||
25 | the written consent
of his parent or guardian to acquire |
| |||||||
| |||||||
1 | and possess firearms and firearm
ammunition, or whose | ||||||
2 | parent or guardian has revoked such written consent,
or | ||||||
3 | where such parent or guardian does not qualify to have a | ||||||
4 | Firearm Owner's
Identification Card;
| ||||||
5 | (c) A person convicted of a felony under the laws of | ||||||
6 | this or any other
jurisdiction;
| ||||||
7 | (d) A person addicted to narcotics;
| ||||||
8 | (e) A person who has been a patient of a mental | ||||||
9 | institution within the
past 5 years. An active law | ||||||
10 | enforcement officer employed by a unit of government who is | ||||||
11 | denied, revoked, or has his or her Firearm Owner's | ||||||
12 | Identification Card seized under this subsection (e) may | ||||||
13 | obtain relief as described in subsection (c-5) of Section | ||||||
14 | 10 of this Act if the officer did not act in a manner | ||||||
15 | threatening to the officer, another person, or the public | ||||||
16 | as determined by the treating clinical psychologist or | ||||||
17 | physician, and the officer seeks mental health treatment;
| ||||||
18 | (f) A person whose mental condition is of such a nature | ||||||
19 | that it poses
a clear and present danger to the applicant, | ||||||
20 | any other person or persons or
the community;
| ||||||
21 | For the purposes of this Section, "mental condition" | ||||||
22 | means a state of
mind manifested by violent, suicidal, | ||||||
23 | threatening or assaultive behavior.
| ||||||
24 | (g) A person who is intellectually disabled;
| ||||||
25 | (h) A person who intentionally makes a false statement | ||||||
26 | in the Firearm
Owner's Identification Card application;
|
| |||||||
| |||||||
1 | (i) An alien who is unlawfully present in
the United | ||||||
2 | States under the laws of the United States;
| ||||||
3 | (i-5) An alien who has been admitted to the United | ||||||
4 | States under a
non-immigrant visa (as that term is defined | ||||||
5 | in Section 101(a)(26) of the
Immigration and Nationality | ||||||
6 | Act (8 U.S.C. 1101(a)(26))), except that this
subsection | ||||||
7 | (i-5) does not apply to any alien who has been lawfully | ||||||
8 | admitted to
the United States under a non-immigrant visa if | ||||||
9 | that alien is:
| ||||||
10 | (1) admitted to the United States for lawful hunting or | ||||||
11 | sporting purposes;
| ||||||
12 | (2) an official representative of a foreign government | ||||||
13 | who is:
| ||||||
14 | (A) accredited to the United States Government or | ||||||
15 | the Government's
mission to an international | ||||||
16 | organization having its headquarters in the United
| ||||||
17 | States; or
| ||||||
18 | (B) en route to or from another country to which | ||||||
19 | that alien is
accredited;
| ||||||
20 | (3) an official of a foreign government or | ||||||
21 | distinguished foreign visitor
who has been so | ||||||
22 | designated by the Department of State;
| ||||||
23 | (4) a foreign law enforcement officer of a friendly | ||||||
24 | foreign government
entering the United States on | ||||||
25 | official business; or
| ||||||
26 | (5) one who has received a waiver from the Attorney |
| |||||||
| |||||||
1 | General of the United
States pursuant to 18 U.S.C. | ||||||
2 | 922(y)(3);
| ||||||
3 | (j) (Blank);
| ||||||
4 | (k) A person who has been convicted within the past 5 | ||||||
5 | years of battery,
assault, aggravated assault, violation | ||||||
6 | of an order of protection, or a
substantially similar | ||||||
7 | offense in another jurisdiction, in which a firearm was
| ||||||
8 | used or possessed;
| ||||||
9 | (l) A person who has been convicted of domestic | ||||||
10 | battery, aggravated domestic battery, or a substantially
| ||||||
11 | similar offense in another jurisdiction committed before, | ||||||
12 | on or after January 1, 2012 (the effective date of Public | ||||||
13 | Act 97-158). If the applicant or person who has been | ||||||
14 | previously issued a Firearm Owner's Identification Card | ||||||
15 | under this Act knowingly and intelligently waives the right | ||||||
16 | to have an offense described in this paragraph (l) tried by | ||||||
17 | a jury, and by guilty plea or otherwise, results in a | ||||||
18 | conviction for an offense in which a domestic relationship | ||||||
19 | is not a required element of the offense but in which a | ||||||
20 | determination of the applicability of 18 U.S.C. 922(g)(9) | ||||||
21 | is made under Section 112A-11.1 of the Code of Criminal | ||||||
22 | Procedure of 1963, an entry by the court of a judgment of | ||||||
23 | conviction for that offense shall be grounds for denying an | ||||||
24 | application for and for revoking and seizing a Firearm | ||||||
25 | Owner's Identification Card previously issued to the | ||||||
26 | person under this Act;
|
| |||||||
| |||||||
1 | (m) (Blank);
| ||||||
2 | (n) A person who is prohibited from acquiring or | ||||||
3 | possessing
firearms or firearm ammunition by any Illinois | ||||||
4 | State statute or by federal
law;
| ||||||
5 | (o) A minor subject to a petition filed under Section | ||||||
6 | 5-520 of the
Juvenile Court Act of 1987 alleging that the | ||||||
7 | minor is a delinquent minor for
the commission of an | ||||||
8 | offense that if committed by an adult would be a felony;
| ||||||
9 | (p) An adult who had been adjudicated a delinquent | ||||||
10 | minor under the Juvenile
Court Act of 1987 for the | ||||||
11 | commission of an offense that if committed by an
adult | ||||||
12 | would be a felony;
| ||||||
13 | (q) A person who is not a resident of the State of | ||||||
14 | Illinois, except as provided in subsection (a-10) of | ||||||
15 | Section 4; or | ||||||
16 | (r) A person who has been adjudicated as a mental | ||||||
17 | defective. | ||||||
18 | (Source: P.A. 96-701, eff. 1-1-10; 97-158, eff. 1-1-12; 97-227, | ||||||
19 | eff. 1-1-12; 97-813, eff. 7-13-12; 97-1131, eff. 1-1-13; | ||||||
20 | 97-1167, eff. 6-1-13.)
| ||||||
21 | Section 10. The Criminal Code of 2012 is amended by | ||||||
22 | changing Section 24-3 and adding Section 24-4.1 as follows:
| ||||||
23 | (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
| ||||||
24 | (Text of Section before amendment by P.A. 97-1167 )
|
| |||||||
| |||||||
1 | Sec. 24-3. Unlawful sale or delivery of firearms.
| ||||||
2 | (A) A person commits the offense of unlawful sale or | ||||||
3 | delivery of firearms when he
or she knowingly does any of the | ||||||
4 | following:
| ||||||
5 | (a) Sells or gives any firearm of a size which may be | ||||||
6 | concealed upon the
person to any person under 18 years of | ||||||
7 | age.
| ||||||
8 | (b) Sells or gives any firearm to a person under 21 | ||||||
9 | years of age who has
been convicted of a misdemeanor other | ||||||
10 | than a traffic offense or adjudged
delinquent.
| ||||||
11 | (c) Sells or gives any firearm to any narcotic addict.
| ||||||
12 | (d) Sells or gives any firearm to any person who has | ||||||
13 | been convicted of a
felony under the laws of this or any | ||||||
14 | other jurisdiction.
| ||||||
15 | (e) Sells or gives any firearm to any person who has | ||||||
16 | been a patient in a
mental hospital within the past 5 | ||||||
17 | years.
| ||||||
18 | (f) Sells or gives any firearms to any person who is | ||||||
19 | intellectually disabled.
| ||||||
20 | (g) Delivers any firearm of a size which may be | ||||||
21 | concealed upon the
person, incidental to a sale, without | ||||||
22 | withholding delivery of such firearm
for at least 72 hours | ||||||
23 | after application for its purchase has been made, or
| ||||||
24 | delivers any rifle, shotgun or other long gun, or a stun | ||||||
25 | gun or taser, incidental to a sale,
without withholding | ||||||
26 | delivery of such rifle, shotgun or other long gun, or a |
| |||||||
| |||||||
1 | stun gun or taser for
at least 24 hours after application | ||||||
2 | for its purchase has been made.
However,
this paragraph (g) | ||||||
3 | does not apply to: (1) the sale of a firearm
to a law | ||||||
4 | enforcement officer if the seller of the firearm knows that | ||||||
5 | the person to whom he or she is selling the firearm is a | ||||||
6 | law enforcement officer or the sale of a firearm to a | ||||||
7 | person who desires to purchase a firearm for
use in | ||||||
8 | promoting the public interest incident to his or her | ||||||
9 | employment as a
bank guard, armed truck guard, or other | ||||||
10 | similar employment; (2) a mail
order sale of a firearm to a | ||||||
11 | nonresident of Illinois under which the firearm
is mailed | ||||||
12 | to a point outside the boundaries of Illinois; (3) the sale
| ||||||
13 | of a firearm to a nonresident of Illinois while at a | ||||||
14 | firearm showing or display
recognized by the Illinois | ||||||
15 | Department of State Police; or (4) the sale of a
firearm to | ||||||
16 | a dealer licensed as a federal firearms dealer under | ||||||
17 | Section 923
of the federal Gun Control Act of 1968 (18 | ||||||
18 | U.S.C. 923). For purposes of this paragraph (g), | ||||||
19 | "application" means when the buyer and seller reach an | ||||||
20 | agreement to purchase a firearm.
| ||||||
21 | (h) While holding any license
as a dealer,
importer, | ||||||
22 | manufacturer or pawnbroker
under the federal Gun Control | ||||||
23 | Act of 1968,
manufactures, sells or delivers to any | ||||||
24 | unlicensed person a handgun having
a barrel, slide, frame | ||||||
25 | or receiver which is a die casting of zinc alloy or
any | ||||||
26 | other nonhomogeneous metal which will melt or deform at a |
| |||||||
| |||||||
1 | temperature
of less than 800 degrees Fahrenheit. For | ||||||
2 | purposes of this paragraph, (1)
"firearm" is defined as in | ||||||
3 | the Firearm Owners Identification Card Act; and (2)
| ||||||
4 | "handgun" is defined as a firearm designed to be held
and | ||||||
5 | fired by the use of a single hand, and includes a | ||||||
6 | combination of parts from
which such a firearm can be | ||||||
7 | assembled.
| ||||||
8 | (i) Sells or gives a firearm of any size to any person | ||||||
9 | under 18 years of
age who does not possess a valid Firearm | ||||||
10 | Owner's Identification Card.
| ||||||
11 | (j) Sells or gives a firearm while engaged in the | ||||||
12 | business of selling
firearms at wholesale or retail without | ||||||
13 | being licensed as a federal firearms
dealer under Section | ||||||
14 | 923 of the federal Gun Control Act of 1968 (18 U.S.C.
923). | ||||||
15 | In this paragraph (j):
| ||||||
16 | A person "engaged in the business" means a person who | ||||||
17 | devotes time,
attention, and
labor to
engaging in the | ||||||
18 | activity as a regular course of trade or business with the
| ||||||
19 | principal objective of livelihood and profit, but does not | ||||||
20 | include a person who
makes occasional repairs of firearms | ||||||
21 | or who occasionally fits special barrels,
stocks, or | ||||||
22 | trigger mechanisms to firearms.
| ||||||
23 | "With the principal objective of livelihood and | ||||||
24 | profit" means that the
intent
underlying the sale or | ||||||
25 | disposition of firearms is predominantly one of
obtaining | ||||||
26 | livelihood and pecuniary gain, as opposed to other intents, |
| |||||||
| |||||||
1 | such as
improving or liquidating a personal firearms | ||||||
2 | collection; however, proof of
profit shall not be required | ||||||
3 | as to a person who engages in the regular and
repetitive | ||||||
4 | purchase and disposition of firearms for criminal purposes | ||||||
5 | or
terrorism.
| ||||||
6 | (k) Sells or transfers ownership of a firearm to a | ||||||
7 | person who does not display to the seller or transferor of | ||||||
8 | the firearm a currently valid Firearm Owner's | ||||||
9 | Identification Card that has previously been issued in the | ||||||
10 | transferee's name by the Department of State Police under | ||||||
11 | the provisions of the Firearm Owners Identification Card | ||||||
12 | Act. This paragraph (k) does not apply to the transfer of a | ||||||
13 | firearm to a person who is exempt from the requirement of | ||||||
14 | possessing a Firearm Owner's Identification Card under | ||||||
15 | Section 2 of the Firearm Owners Identification Card Act. | ||||||
16 | For the purposes of this Section, a currently valid Firearm | ||||||
17 | Owner's Identification Card means (i) a Firearm Owner's | ||||||
18 | Identification Card that has not expired or (ii) if the | ||||||
19 | transferor is licensed as a federal firearms dealer under | ||||||
20 | Section 923 of the federal Gun Control Act of 1968 (18 | ||||||
21 | U.S.C. 923), an approval number issued in accordance with | ||||||
22 | subsection (a-10) of Section 3 or Section 3.1 of the | ||||||
23 | Firearm Owners Identification Card Act shall be proof that | ||||||
24 | the Firearm Owner's Identification Card was valid. | ||||||
25 | (1) In addition to the other requirements of this | ||||||
26 | paragraph (k), all persons who are not federally |
| |||||||
| |||||||
1 | licensed firearms dealers must also have complied with | ||||||
2 | subsection (a-10) of Section 3 of the Firearm Owners | ||||||
3 | Identification Card Act by determining the validity of | ||||||
4 | a purchaser's Firearm Owner's Identification Card. | ||||||
5 | (2) All sellers or transferors who have complied | ||||||
6 | with the requirements of subparagraph (1) of this | ||||||
7 | paragraph (k) shall not be liable for damages in any | ||||||
8 | civil action arising from the use or misuse by the | ||||||
9 | transferee of the firearm transferred, except for | ||||||
10 | willful or wanton misconduct on the part of the seller | ||||||
11 | or transferor. | ||||||
12 | (l) Not
being entitled to the possession of a firearm, | ||||||
13 | delivers the
firearm, knowing it to have been stolen or | ||||||
14 | converted. It may be inferred that
a person who possesses a | ||||||
15 | firearm with knowledge that its serial number has
been | ||||||
16 | removed or altered has knowledge that the firearm is stolen | ||||||
17 | or converted. | ||||||
18 | (B) Paragraph (h) of subsection (A) does not include | ||||||
19 | firearms sold within 6
months after enactment of Public
Act | ||||||
20 | 78-355 (approved August 21, 1973, effective October 1, 1973), | ||||||
21 | nor is any
firearm legally owned or
possessed by any citizen or | ||||||
22 | purchased by any citizen within 6 months after the
enactment of | ||||||
23 | Public Act 78-355 subject
to confiscation or seizure under the | ||||||
24 | provisions of that Public Act. Nothing in
Public Act 78-355 | ||||||
25 | shall be construed to prohibit the gift or trade of
any firearm | ||||||
26 | if that firearm was legally held or acquired within 6 months |
| |||||||
| |||||||
1 | after
the enactment of that Public Act.
| ||||||
2 | (C) Sentence.
| ||||||
3 | (1) Any person convicted of unlawful sale or delivery | ||||||
4 | of firearms in violation of
paragraph (c), (e), (f), (g), | ||||||
5 | or (h) of subsection (A) commits a Class
4
felony.
| ||||||
6 | (2) Any person convicted of unlawful sale or delivery | ||||||
7 | of firearms in violation of
paragraph (b) or (i) of | ||||||
8 | subsection (A) commits a Class 3 felony.
| ||||||
9 | (3) Any person convicted of unlawful sale or delivery | ||||||
10 | of firearms in violation of
paragraph (a) of subsection (A) | ||||||
11 | commits a Class 2 felony.
| ||||||
12 | (4) Any person convicted of unlawful sale or delivery | ||||||
13 | of firearms in violation of
paragraph (a), (b), or (i) of | ||||||
14 | subsection (A) in any school, on the real
property | ||||||
15 | comprising a school, within 1,000 feet of the real property | ||||||
16 | comprising
a school, at a school related activity, or on or | ||||||
17 | within 1,000 feet of any
conveyance owned, leased, or | ||||||
18 | contracted by a school or school district to
transport | ||||||
19 | students to or from school or a school related activity,
| ||||||
20 | regardless of the time of day or time of year at which the | ||||||
21 | offense
was committed, commits a Class 1 felony. Any person | ||||||
22 | convicted of a second
or subsequent violation of unlawful | ||||||
23 | sale or delivery of firearms in violation of paragraph
(a), | ||||||
24 | (b), or (i) of subsection (A) in any school, on the real | ||||||
25 | property
comprising a school, within 1,000 feet of the real | ||||||
26 | property comprising a
school, at a school related activity, |
| |||||||
| |||||||
1 | or on or within 1,000 feet of any
conveyance owned, leased, | ||||||
2 | or contracted by a school or school district to
transport | ||||||
3 | students to or from school or a school related activity,
| ||||||
4 | regardless of the time of day or time of year at which the | ||||||
5 | offense
was committed, commits a Class 1 felony for which | ||||||
6 | the sentence shall be a
term of imprisonment of no less | ||||||
7 | than 5 years and no more than 15 years.
| ||||||
8 | (5) Any person convicted of unlawful sale or delivery | ||||||
9 | of firearms in violation of
paragraph (a) or (i) of | ||||||
10 | subsection (A) in residential property owned,
operated, or | ||||||
11 | managed by a public housing agency or leased by a public | ||||||
12 | housing
agency as part of a scattered site or mixed-income | ||||||
13 | development, in a public
park, in a
courthouse, on | ||||||
14 | residential property owned, operated, or managed by a | ||||||
15 | public
housing agency or leased by a public housing agency | ||||||
16 | as part of a scattered site
or mixed-income development, on | ||||||
17 | the real property comprising any public park,
on the real
| ||||||
18 | property comprising any courthouse, or on any public way | ||||||
19 | within 1,000 feet
of the real property comprising any | ||||||
20 | public park, courthouse, or residential
property owned, | ||||||
21 | operated, or managed by a public housing agency or leased | ||||||
22 | by a
public housing agency as part of a scattered site or | ||||||
23 | mixed-income development
commits a
Class 2 felony.
| ||||||
24 | (6) Any person convicted of unlawful sale or delivery | ||||||
25 | of firearms in violation of
paragraph (j) of subsection (A) | ||||||
26 | commits a Class A misdemeanor. A second or
subsequent |
| |||||||
| |||||||
1 | violation is a Class 4 felony. | ||||||
2 | (7) Any person convicted of unlawful sale or delivery | ||||||
3 | of firearms in violation of paragraph (k) of subsection (A) | ||||||
4 | commits a Class 4 felony , except that a violation of | ||||||
5 | subparagraph (1) of paragraph (k) of subsection (A) shall | ||||||
6 | not be punishable as a crime or petty offense . A third or | ||||||
7 | subsequent conviction for a violation of paragraph (k) of | ||||||
8 | subsection (A) is a Class 1 felony.
| ||||||
9 | (8) A person 18 years of age or older convicted of | ||||||
10 | unlawful sale or delivery of firearms in violation of | ||||||
11 | paragraph (a) or (i) of subsection (A), when the firearm | ||||||
12 | that was sold or given to another person under 18 years of | ||||||
13 | age was used in the commission of or attempt to commit a | ||||||
14 | forcible felony, shall be fined or imprisoned, or both, not | ||||||
15 | to exceed the maximum provided for the most serious | ||||||
16 | forcible felony so committed or attempted by the person | ||||||
17 | under 18 years of age who was sold or given the firearm. | ||||||
18 | (9) Any person convicted of unlawful sale or delivery | ||||||
19 | of firearms in violation of
paragraph (d) of subsection (A) | ||||||
20 | commits a Class 3 felony. | ||||||
21 | (10) Any person convicted of unlawful sale or delivery | ||||||
22 | of firearms in violation of paragraph (l) of subsection (A) | ||||||
23 | commits a Class 2 felony if the delivery is of one firearm. | ||||||
24 | Any person convicted of unlawful sale or delivery of | ||||||
25 | firearms in violation of paragraph (l) of subsection (A) | ||||||
26 | commits a Class 1 felony if the delivery is of not less |
| |||||||
| |||||||
1 | than 2 and not more than 5 firearms at the
same time or | ||||||
2 | within a one year period. Any person convicted of unlawful | ||||||
3 | sale or delivery of firearms in violation of paragraph (l) | ||||||
4 | of subsection (A) commits a Class X felony for which he or | ||||||
5 | she shall be sentenced
to a term of imprisonment of not | ||||||
6 | less than 6 years and not more than 30
years if the | ||||||
7 | delivery is of not less than 6 and not more than 10 | ||||||
8 | firearms at the
same time or within a 2 year period. Any | ||||||
9 | person convicted of unlawful sale or delivery of firearms | ||||||
10 | in violation of paragraph (l) of subsection (A) commits a | ||||||
11 | Class X felony for which he or she shall be sentenced
to a | ||||||
12 | term of imprisonment of not less than 6 years and not more | ||||||
13 | than 40
years if the delivery is of not less than 11 and | ||||||
14 | not more than 20 firearms at the
same time or within a 3 | ||||||
15 | year period. Any person convicted of unlawful sale or | ||||||
16 | delivery of firearms in violation of paragraph (l) of | ||||||
17 | subsection (A) commits a Class X felony for which he or she | ||||||
18 | shall be sentenced
to a term of imprisonment of not less | ||||||
19 | than 6 years and not more than 50
years if the delivery is | ||||||
20 | of not less than 21 and not more than 30 firearms at the
| ||||||
21 | same time or within a 4 year period. Any person convicted | ||||||
22 | of unlawful sale or delivery of firearms in violation of | ||||||
23 | paragraph (l) of subsection (A) commits a Class X felony | ||||||
24 | for which he or she shall be sentenced
to a term of | ||||||
25 | imprisonment of not less than 6 years and not more than 60
| ||||||
26 | years if the delivery is of 31 or more firearms at the
same |
| |||||||
| |||||||
1 | time or within a 5 year period. | ||||||
2 | (D) For purposes of this Section:
| ||||||
3 | "School" means a public or private elementary or secondary | ||||||
4 | school,
community college, college, or university.
| ||||||
5 | "School related activity" means any sporting, social, | ||||||
6 | academic, or
other activity for which students' attendance or | ||||||
7 | participation is sponsored,
organized, or funded in whole or in | ||||||
8 | part by a school or school district.
| ||||||
9 | (E) A prosecution for a violation of paragraph (k) of | ||||||
10 | subsection (A) of this Section may be commenced within 6 years | ||||||
11 | after the commission of the offense. A prosecution for a | ||||||
12 | violation of this Section other than paragraph (g) of | ||||||
13 | subsection (A) of this Section may be commenced within 5 years | ||||||
14 | after the commission of the offense defined in the particular | ||||||
15 | paragraph.
| ||||||
16 | (Source: P.A. 96-190, eff. 1-1-10; 97-227, eff. 1-1-12; 97-347, | ||||||
17 | eff. 1-1-12; 97-813, eff. 7-13-12.)
| ||||||
18 | (Text of Section after amendment by P.A. 97-1167 )
| ||||||
19 | Sec. 24-3. Unlawful sale or delivery of firearms.
| ||||||
20 | (A) A person commits the offense of unlawful sale or | ||||||
21 | delivery of firearms when he
or she knowingly does any of the | ||||||
22 | following:
| ||||||
23 | (a) Sells or gives any firearm of a size which may be | ||||||
24 | concealed upon the
person to any person under 18 years of | ||||||
25 | age.
|
| |||||||
| |||||||
1 | (b) Sells or gives any firearm to a person under 21 | ||||||
2 | years of age who has
been convicted of a misdemeanor other | ||||||
3 | than a traffic offense or adjudged
delinquent.
| ||||||
4 | (c) Sells or gives any firearm to any narcotic addict.
| ||||||
5 | (d) Sells or gives any firearm to any person who has | ||||||
6 | been convicted of a
felony under the laws of this or any | ||||||
7 | other jurisdiction.
| ||||||
8 | (e) Sells or gives any firearm to any person who has | ||||||
9 | been a patient in a
mental institution within the past 5 | ||||||
10 | years. In this subsection (e): | ||||||
11 | "Mental institution" means any hospital, | ||||||
12 | institution, clinic, evaluation facility, mental | ||||||
13 | health center, or part thereof, which is used primarily | ||||||
14 | for the care or treatment of persons with mental | ||||||
15 | illness. | ||||||
16 | "Patient in a mental institution" means the person | ||||||
17 | was admitted, either voluntarily or involuntarily, to | ||||||
18 | a mental institution for mental health treatment, | ||||||
19 | unless the treatment was voluntary and solely for an | ||||||
20 | alcohol abuse disorder and no other secondary | ||||||
21 | substance abuse disorder or mental illness.
| ||||||
22 | (f) Sells or gives any firearms to any person who is | ||||||
23 | intellectually disabled.
| ||||||
24 | (g) Delivers any firearm of a size which may be | ||||||
25 | concealed upon the
person, incidental to a sale, without | ||||||
26 | withholding delivery of such firearm
for at least 72 hours |
| |||||||
| |||||||
1 | after application for its purchase has been made, or
| ||||||
2 | delivers any rifle, shotgun or other long gun, or a stun | ||||||
3 | gun or taser, incidental to a sale,
without withholding | ||||||
4 | delivery of such rifle, shotgun or other long gun, or a | ||||||
5 | stun gun or taser for
at least 24 hours after application | ||||||
6 | for its purchase has been made.
However,
this paragraph (g) | ||||||
7 | does not apply to: (1) the sale of a firearm
to a law | ||||||
8 | enforcement officer if the seller of the firearm knows that | ||||||
9 | the person to whom he or she is selling the firearm is a | ||||||
10 | law enforcement officer or the sale of a firearm to a | ||||||
11 | person who desires to purchase a firearm for
use in | ||||||
12 | promoting the public interest incident to his or her | ||||||
13 | employment as a
bank guard, armed truck guard, or other | ||||||
14 | similar employment; (2) a mail
order sale of a firearm to a | ||||||
15 | nonresident of Illinois under which the firearm
is mailed | ||||||
16 | to a point outside the boundaries of Illinois; (3) the sale
| ||||||
17 | of a firearm to a nonresident of Illinois while at a | ||||||
18 | firearm showing or display
recognized by the Illinois | ||||||
19 | Department of State Police; or (4) the sale of a
firearm to | ||||||
20 | a dealer licensed as a federal firearms dealer under | ||||||
21 | Section 923
of the federal Gun Control Act of 1968 (18 | ||||||
22 | U.S.C. 923). For purposes of this paragraph (g), | ||||||
23 | "application" means when the buyer and seller reach an | ||||||
24 | agreement to purchase a firearm.
| ||||||
25 | (h) While holding any license
as a dealer,
importer, | ||||||
26 | manufacturer or pawnbroker
under the federal Gun Control |
| |||||||
| |||||||
1 | Act of 1968,
manufactures, sells or delivers to any | ||||||
2 | unlicensed person a handgun having
a barrel, slide, frame | ||||||
3 | or receiver which is a die casting of zinc alloy or
any | ||||||
4 | other nonhomogeneous metal which will melt or deform at a | ||||||
5 | temperature
of less than 800 degrees Fahrenheit. For | ||||||
6 | purposes of this paragraph, (1)
"firearm" is defined as in | ||||||
7 | the Firearm Owners Identification Card Act; and (2)
| ||||||
8 | "handgun" is defined as a firearm designed to be held
and | ||||||
9 | fired by the use of a single hand, and includes a | ||||||
10 | combination of parts from
which such a firearm can be | ||||||
11 | assembled.
| ||||||
12 | (i) Sells or gives a firearm of any size to any person | ||||||
13 | under 18 years of
age who does not possess a valid Firearm | ||||||
14 | Owner's Identification Card.
| ||||||
15 | (j) Sells or gives a firearm while engaged in the | ||||||
16 | business of selling
firearms at wholesale or retail without | ||||||
17 | being licensed as a federal firearms
dealer under Section | ||||||
18 | 923 of the federal Gun Control Act of 1968 (18 U.S.C.
923). | ||||||
19 | In this paragraph (j):
| ||||||
20 | A person "engaged in the business" means a person who | ||||||
21 | devotes time,
attention, and
labor to
engaging in the | ||||||
22 | activity as a regular course of trade or business with the
| ||||||
23 | principal objective of livelihood and profit, but does not | ||||||
24 | include a person who
makes occasional repairs of firearms | ||||||
25 | or who occasionally fits special barrels,
stocks, or | ||||||
26 | trigger mechanisms to firearms.
|
| |||||||
| |||||||
1 | "With the principal objective of livelihood and | ||||||
2 | profit" means that the
intent
underlying the sale or | ||||||
3 | disposition of firearms is predominantly one of
obtaining | ||||||
4 | livelihood and pecuniary gain, as opposed to other intents, | ||||||
5 | such as
improving or liquidating a personal firearms | ||||||
6 | collection; however, proof of
profit shall not be required | ||||||
7 | as to a person who engages in the regular and
repetitive | ||||||
8 | purchase and disposition of firearms for criminal purposes | ||||||
9 | or
terrorism.
| ||||||
10 | (k) Sells or transfers ownership of a firearm to a | ||||||
11 | person who does not display to the seller or transferor of | ||||||
12 | the firearm a currently valid Firearm Owner's | ||||||
13 | Identification Card that has previously been issued in the | ||||||
14 | transferee's name by the Department of State Police under | ||||||
15 | the provisions of the Firearm Owners Identification Card | ||||||
16 | Act. This paragraph (k) does not apply to the transfer of a | ||||||
17 | firearm to a person who is exempt from the requirement of | ||||||
18 | possessing a Firearm Owner's Identification Card under | ||||||
19 | Section 2 of the Firearm Owners Identification Card Act. | ||||||
20 | For the purposes of this Section, a currently valid Firearm | ||||||
21 | Owner's Identification Card means (i) a Firearm Owner's | ||||||
22 | Identification Card that has not expired or (ii) if the | ||||||
23 | transferor is licensed as a federal firearms dealer under | ||||||
24 | Section 923 of the federal Gun Control Act of 1968 (18 | ||||||
25 | U.S.C. 923), an approval number issued in accordance with | ||||||
26 | subsection (a-10) of subsection 3 or Section 3.1 of the |
| |||||||
| |||||||
1 | Firearm Owners Identification Card Act shall be proof that | ||||||
2 | the Firearm Owner's Identification Card was valid. | ||||||
3 | (1) In addition to the other requirements of this | ||||||
4 | paragraph (k), all persons who are not federally | ||||||
5 | licensed firearms dealers must also have complied with | ||||||
6 | subsection (a-10) of Section 3 of the Firearm Owners | ||||||
7 | Identification Card Act by determining the validity of | ||||||
8 | a purchaser's Firearm Owner's Identification Card. | ||||||
9 | (2) All sellers or transferors who have complied | ||||||
10 | with the requirements of subparagraph (1) of this | ||||||
11 | paragraph (k) shall not be liable for damages in any | ||||||
12 | civil action arising from the use or misuse by the | ||||||
13 | transferee of the firearm transferred, except for | ||||||
14 | willful or wanton misconduct on the part of the seller | ||||||
15 | or transferor. | ||||||
16 | (l) Not
being entitled to the possession of a firearm, | ||||||
17 | delivers the
firearm, knowing it to have been stolen or | ||||||
18 | converted. It may be inferred that
a person who possesses a | ||||||
19 | firearm with knowledge that its serial number has
been | ||||||
20 | removed or altered has knowledge that the firearm is stolen | ||||||
21 | or converted. | ||||||
22 | (B) Paragraph (h) of subsection (A) does not include | ||||||
23 | firearms sold within 6
months after enactment of Public
Act | ||||||
24 | 78-355 (approved August 21, 1973, effective October 1, 1973), | ||||||
25 | nor is any
firearm legally owned or
possessed by any citizen or | ||||||
26 | purchased by any citizen within 6 months after the
enactment of |
| |||||||
| |||||||
1 | Public Act 78-355 subject
to confiscation or seizure under the | ||||||
2 | provisions of that Public Act. Nothing in
Public Act 78-355 | ||||||
3 | shall be construed to prohibit the gift or trade of
any firearm | ||||||
4 | if that firearm was legally held or acquired within 6 months | ||||||
5 | after
the enactment of that Public Act.
| ||||||
6 | (C) Sentence.
| ||||||
7 | (1) Any person convicted of unlawful sale or delivery | ||||||
8 | of firearms in violation of
paragraph (c), (e), (f), (g), | ||||||
9 | or (h) of subsection (A) commits a Class
4
felony.
| ||||||
10 | (2) Any person convicted of unlawful sale or delivery | ||||||
11 | of firearms in violation of
paragraph (b) or (i) of | ||||||
12 | subsection (A) commits a Class 3 felony.
| ||||||
13 | (3) Any person convicted of unlawful sale or delivery | ||||||
14 | of firearms in violation of
paragraph (a) of subsection (A) | ||||||
15 | commits a Class 2 felony.
| ||||||
16 | (4) Any person convicted of unlawful sale or delivery | ||||||
17 | of firearms in violation of
paragraph (a), (b), or (i) of | ||||||
18 | subsection (A) in any school, on the real
property | ||||||
19 | comprising a school, within 1,000 feet of the real property | ||||||
20 | comprising
a school, at a school related activity, or on or | ||||||
21 | within 1,000 feet of any
conveyance owned, leased, or | ||||||
22 | contracted by a school or school district to
transport | ||||||
23 | students to or from school or a school related activity,
| ||||||
24 | regardless of the time of day or time of year at which the | ||||||
25 | offense
was committed, commits a Class 1 felony. Any person | ||||||
26 | convicted of a second
or subsequent violation of unlawful |
| |||||||
| |||||||
1 | sale or delivery of firearms in violation of paragraph
(a), | ||||||
2 | (b), or (i) of subsection (A) in any school, on the real | ||||||
3 | property
comprising a school, within 1,000 feet of the real | ||||||
4 | property comprising a
school, at a school related activity, | ||||||
5 | or on or within 1,000 feet of any
conveyance owned, leased, | ||||||
6 | or contracted by a school or school district to
transport | ||||||
7 | students to or from school or a school related activity,
| ||||||
8 | regardless of the time of day or time of year at which the | ||||||
9 | offense
was committed, commits a Class 1 felony for which | ||||||
10 | the sentence shall be a
term of imprisonment of no less | ||||||
11 | than 5 years and no more than 15 years.
| ||||||
12 | (5) Any person convicted of unlawful sale or delivery | ||||||
13 | of firearms in violation of
paragraph (a) or (i) of | ||||||
14 | subsection (A) in residential property owned,
operated, or | ||||||
15 | managed by a public housing agency or leased by a public | ||||||
16 | housing
agency as part of a scattered site or mixed-income | ||||||
17 | development, in a public
park, in a
courthouse, on | ||||||
18 | residential property owned, operated, or managed by a | ||||||
19 | public
housing agency or leased by a public housing agency | ||||||
20 | as part of a scattered site
or mixed-income development, on | ||||||
21 | the real property comprising any public park,
on the real
| ||||||
22 | property comprising any courthouse, or on any public way | ||||||
23 | within 1,000 feet
of the real property comprising any | ||||||
24 | public park, courthouse, or residential
property owned, | ||||||
25 | operated, or managed by a public housing agency or leased | ||||||
26 | by a
public housing agency as part of a scattered site or |
| |||||||
| |||||||
1 | mixed-income development
commits a
Class 2 felony.
| ||||||
2 | (6) Any person convicted of unlawful sale or delivery | ||||||
3 | of firearms in violation of
paragraph (j) of subsection (A) | ||||||
4 | commits a Class A misdemeanor. A second or
subsequent | ||||||
5 | violation is a Class 4 felony. | ||||||
6 | (7) Any person convicted of unlawful sale or delivery | ||||||
7 | of firearms in violation of paragraph (k) of subsection (A) | ||||||
8 | commits a Class 4 felony , except that a violation of | ||||||
9 | subparagraph (1) of paragraph (k) of subsection (A) shall | ||||||
10 | not be punishable as a crime or petty offense . A third or | ||||||
11 | subsequent conviction for a violation of paragraph (k) of | ||||||
12 | subsection (A) is a Class 1 felony.
| ||||||
13 | (8) A person 18 years of age or older convicted of | ||||||
14 | unlawful sale or delivery of firearms in violation of | ||||||
15 | paragraph (a) or (i) of subsection (A), when the firearm | ||||||
16 | that was sold or given to another person under 18 years of | ||||||
17 | age was used in the commission of or attempt to commit a | ||||||
18 | forcible felony, shall be fined or imprisoned, or both, not | ||||||
19 | to exceed the maximum provided for the most serious | ||||||
20 | forcible felony so committed or attempted by the person | ||||||
21 | under 18 years of age who was sold or given the firearm. | ||||||
22 | (9) Any person convicted of unlawful sale or delivery | ||||||
23 | of firearms in violation of
paragraph (d) of subsection (A) | ||||||
24 | commits a Class 3 felony. | ||||||
25 | (10) Any person convicted of unlawful sale or delivery | ||||||
26 | of firearms in violation of paragraph (l) of subsection (A) |
| |||||||
| |||||||
1 | commits a Class 2 felony if the delivery is of one firearm. | ||||||
2 | Any person convicted of unlawful sale or delivery of | ||||||
3 | firearms in violation of paragraph (l) of subsection (A) | ||||||
4 | commits a Class 1 felony if the delivery is of not less | ||||||
5 | than 2 and not more than 5 firearms at the
same time or | ||||||
6 | within a one year period. Any person convicted of unlawful | ||||||
7 | sale or delivery of firearms in violation of paragraph (l) | ||||||
8 | of subsection (A) commits a Class X felony for which he or | ||||||
9 | she shall be sentenced
to a term of imprisonment of not | ||||||
10 | less than 6 years and not more than 30
years if the | ||||||
11 | delivery is of not less than 6 and not more than 10 | ||||||
12 | firearms at the
same time or within a 2 year period. Any | ||||||
13 | person convicted of unlawful sale or delivery of firearms | ||||||
14 | in violation of paragraph (l) of subsection (A) commits a | ||||||
15 | Class X felony for which he or she shall be sentenced
to a | ||||||
16 | term of imprisonment of not less than 6 years and not more | ||||||
17 | than 40
years if the delivery is of not less than 11 and | ||||||
18 | not more than 20 firearms at the
same time or within a 3 | ||||||
19 | year period. Any person convicted of unlawful sale or | ||||||
20 | delivery of firearms in violation of paragraph (l) of | ||||||
21 | subsection (A) commits a Class X felony for which he or she | ||||||
22 | shall be sentenced
to a term of imprisonment of not less | ||||||
23 | than 6 years and not more than 50
years if the delivery is | ||||||
24 | of not less than 21 and not more than 30 firearms at the
| ||||||
25 | same time or within a 4 year period. Any person convicted | ||||||
26 | of unlawful sale or delivery of firearms in violation of |
| |||||||
| |||||||
1 | paragraph (l) of subsection (A) commits a Class X felony | ||||||
2 | for which he or she shall be sentenced
to a term of | ||||||
3 | imprisonment of not less than 6 years and not more than 60
| ||||||
4 | years if the delivery is of 31 or more firearms at the
same | ||||||
5 | time or within a 5 year period. | ||||||
6 | (D) For purposes of this Section:
| ||||||
7 | "School" means a public or private elementary or secondary | ||||||
8 | school,
community college, college, or university.
| ||||||
9 | "School related activity" means any sporting, social, | ||||||
10 | academic, or
other activity for which students' attendance or | ||||||
11 | participation is sponsored,
organized, or funded in whole or in | ||||||
12 | part by a school or school district.
| ||||||
13 | (E) A prosecution for a violation of paragraph (k) of | ||||||
14 | subsection (A) of this Section may be commenced within 6 years | ||||||
15 | after the commission of the offense. A prosecution for a | ||||||
16 | violation of this Section other than paragraph (g) of | ||||||
17 | subsection (A) of this Section may be commenced within 5 years | ||||||
18 | after the commission of the offense defined in the particular | ||||||
19 | paragraph.
| ||||||
20 | (Source: P.A. 96-190, eff. 1-1-10; 97-227, eff. 1-1-12; 97-347, | ||||||
21 | eff. 1-1-12; 97-813, eff. 7-13-12; 97-1167, eff. 6-1-13.)
| ||||||
22 | (720 ILCS 5/24-4.1 new)
| ||||||
23 | Sec. 24-4.1. Report of lost or stolen firearms.
| ||||||
24 | (a) If a person who possesses a valid Firearm Owner's | ||||||
25 | Identification Card and who possesses or acquires a firearm |
| |||||||
| |||||||
1 | thereafter loses the firearm, or if the firearm is stolen from | ||||||
2 | the person, the person must report the loss or theft to the | ||||||
3 | local law enforcement agency within 72 hours after obtaining | ||||||
4 | knowledge of the loss or theft. | ||||||
5 | (b) A law enforcement agency having jurisdiction shall take | ||||||
6 | a written report and shall, as soon as practical, enter the | ||||||
7 | firearm's serial number as stolen into the Law Enforcement | ||||||
8 | Agencies Data System (LEADS). | ||||||
9 | (c) A person shall not be in violation of this Section if: | ||||||
10 | (1) the failure to report is due to an act of God, act | ||||||
11 | of war, or inability of a law enforcement agency to receive | ||||||
12 | the report; | ||||||
13 | (2) the person is hospitalized, in a coma, or is | ||||||
14 | otherwise seriously physically or mentally impaired as to | ||||||
15 | prevent the person from reporting; or | ||||||
16 | (3) the person's designee makes a report if the person | ||||||
17 | is unable to make the report. | ||||||
18 | (d) Sentence. A person who violates this Section is guilty | ||||||
19 | of a petty offense for a first violation. A second or | ||||||
20 | subsequent violation of this Section is a Class A misdemeanor. | ||||||
21 | Section 95. No acceleration or delay. Where this Act makes | ||||||
22 | changes in a statute that is represented in this Act by text | ||||||
23 | that is not yet or no longer in effect (for example, a Section | ||||||
24 | represented by multiple versions), the use of that text does | ||||||
25 | not accelerate or delay the taking effect of (i) the changes |
| |||||||
| |||||||
1 | made by this Act or (ii) provisions derived from any other | ||||||
2 | Public Act. | ||||||
3 | Section 99. Effective date. This Act takes effect upon | ||||||
4 | becoming law. |