Illinois General Assembly - Full Text of HB4392
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Full Text of HB4392  101st General Assembly

HB4392 101ST GENERAL ASSEMBLY

  
  

 


 
101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4392

 

Introduced 1/29/2020, by Rep. Patrick Windhorst

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/24-3  from Ch. 38, par. 24-3

    Amends the Criminal Code of 2012. Provides that the 72 hour waiting period before delivery of a concealable firearm after application for its purchase has been made does not apply to a person who has been issued a valid license to carry a concealed handgun under the Firearm Concealed Carry Act. Effective immediately.


LRB101 15688 RLC 65043 b

 

 

A BILL FOR

 

HB4392LRB101 15688 RLC 65043 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 2012 is amended by changing
5Section 24-3 as follows:
 
6    (720 ILCS 5/24-3)  (from Ch. 38, par. 24-3)
7    Sec. 24-3. Unlawful sale or delivery of firearms.
8    (A) A person commits the offense of unlawful sale or
9delivery of firearms when he or she knowingly does any of the
10following:
11        (a) Sells or gives any firearm of a size which may be
12    concealed upon the person to any person under 18 years of
13    age.
14        (b) Sells or gives any firearm to a person under 21
15    years of age who has been convicted of a misdemeanor other
16    than a traffic offense or adjudged delinquent.
17        (c) Sells or gives any firearm to any narcotic addict.
18        (d) Sells or gives any firearm to any person who has
19    been convicted of a felony under the laws of this or any
20    other jurisdiction.
21        (e) Sells or gives any firearm to any person who has
22    been a patient in a mental institution within the past 5
23    years. In this subsection (e):

 

 

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1            "Mental institution" means any hospital,
2        institution, clinic, evaluation facility, mental
3        health center, or part thereof, which is used primarily
4        for the care or treatment of persons with mental
5        illness.
6            "Patient in a mental institution" means the person
7        was admitted, either voluntarily or involuntarily, to
8        a mental institution for mental health treatment,
9        unless the treatment was voluntary and solely for an
10        alcohol abuse disorder and no other secondary
11        substance abuse disorder or mental illness.
12        (f) Sells or gives any firearms to any person who is a
13    person with an intellectual disability.
14        (g) Delivers any firearm, incidental to a sale, without
15    withholding delivery of the firearm for at least 72 hours
16    after application for its purchase has been made, or
17    delivers a stun gun or taser, incidental to a sale, without
18    withholding delivery of the stun gun or taser for at least
19    24 hours after application for its purchase has been made.
20    However, this paragraph (g) does not apply to: (1) the sale
21    of a firearm to a law enforcement officer if the seller of
22    the firearm knows that the person to whom he or she is
23    selling the firearm is a law enforcement officer or the
24    sale of a firearm to a person who desires to purchase a
25    firearm for use in promoting the public interest incident
26    to his or her employment as a bank guard, armed truck

 

 

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1    guard, or other similar employment; (2) a mail order sale
2    of a firearm from a federally licensed firearms dealer to a
3    nonresident of Illinois under which the firearm is mailed
4    to a federally licensed firearms dealer outside the
5    boundaries of Illinois; (3) (blank); (4) the sale of a
6    firearm to a dealer licensed as a federal firearms dealer
7    under Section 923 of the federal Gun Control Act of 1968
8    (18 U.S.C. 923); (4.1) the sale of a firearm to a person
9    who has been issued a valid license to carry a concealed
10    handgun under the Firearm Concealed Carry Act; or (5) the
11    transfer or sale of any rifle, shotgun, or other long gun
12    to a resident registered competitor or attendee or
13    non-resident registered competitor or attendee by any
14    dealer licensed as a federal firearms dealer under Section
15    923 of the federal Gun Control Act of 1968 at competitive
16    shooting events held at the World Shooting Complex
17    sanctioned by a national governing body. For purposes of
18    transfers or sales under subparagraph (5) of this paragraph
19    (g), the Department of Natural Resources shall give notice
20    to the Department of State Police at least 30 calendar days
21    prior to any competitive shooting events at the World
22    Shooting Complex sanctioned by a national governing body.
23    The notification shall be made on a form prescribed by the
24    Department of State Police. The sanctioning body shall
25    provide a list of all registered competitors and attendees
26    at least 24 hours before the events to the Department of

 

 

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1    State Police. Any changes to the list of registered
2    competitors and attendees shall be forwarded to the
3    Department of State Police as soon as practicable. The
4    Department of State Police must destroy the list of
5    registered competitors and attendees no later than 30 days
6    after the date of the event. Nothing in this paragraph (g)
7    relieves a federally licensed firearm dealer from the
8    requirements of conducting a NICS background check through
9    the Illinois Point of Contact under 18 U.S.C. 922(t). For
10    purposes of this paragraph (g), "application" means when
11    the buyer and seller reach an agreement to purchase a
12    firearm. For purposes of this paragraph (g), "national
13    governing body" means a group of persons who adopt rules
14    and formulate policy on behalf of a national firearm
15    sporting organization.
16        (h) While holding any license as a dealer, importer,
17    manufacturer or pawnbroker under the federal Gun Control
18    Act of 1968, manufactures, sells or delivers to any
19    unlicensed person a handgun having a barrel, slide, frame
20    or receiver which is a die casting of zinc alloy or any
21    other nonhomogeneous metal which will melt or deform at a
22    temperature of less than 800 degrees Fahrenheit. For
23    purposes of this paragraph, (1) "firearm" is defined as in
24    the Firearm Owners Identification Card Act; and (2)
25    "handgun" is defined as a firearm designed to be held and
26    fired by the use of a single hand, and includes a

 

 

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1    combination of parts from which such a firearm can be
2    assembled.
3        (i) Sells or gives a firearm of any size to any person
4    under 18 years of age who does not possess a valid Firearm
5    Owner's Identification Card.
6        (j) Sells or gives a firearm while engaged in the
7    business of selling firearms at wholesale or retail without
8    being licensed as a federal firearms dealer under Section
9    923 of the federal Gun Control Act of 1968 (18 U.S.C. 923).
10    In this paragraph (j):
11        A person "engaged in the business" means a person who
12    devotes time, attention, and labor to engaging in the
13    activity as a regular course of trade or business with the
14    principal objective of livelihood and profit, but does not
15    include a person who makes occasional repairs of firearms
16    or who occasionally fits special barrels, stocks, or
17    trigger mechanisms to firearms.
18        "With the principal objective of livelihood and
19    profit" means that the intent underlying the sale or
20    disposition of firearms is predominantly one of obtaining
21    livelihood and pecuniary gain, as opposed to other intents,
22    such as improving or liquidating a personal firearms
23    collection; however, proof of profit shall not be required
24    as to a person who engages in the regular and repetitive
25    purchase and disposition of firearms for criminal purposes
26    or terrorism.

 

 

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1        (k) Sells or transfers ownership of a firearm to a
2    person who does not display to the seller or transferor of
3    the firearm either: (1) a currently valid Firearm Owner's
4    Identification Card that has previously been issued in the
5    transferee's name by the Department of State Police under
6    the provisions of the Firearm Owners Identification Card
7    Act; or (2) a currently valid license to carry a concealed
8    firearm that has previously been issued in the transferee's
9    name by the Department of State Police under the Firearm
10    Concealed Carry Act. This paragraph (k) does not apply to
11    the transfer of a firearm to a person who is exempt from
12    the requirement of possessing a Firearm Owner's
13    Identification Card under Section 2 of the Firearm Owners
14    Identification Card Act. For the purposes of this Section,
15    a currently valid Firearm Owner's Identification Card
16    means (i) a Firearm Owner's Identification Card that has
17    not expired or (ii) an approval number issued in accordance
18    with subsection (a-10) of subsection 3 or Section 3.1 of
19    the Firearm Owners Identification Card Act shall be proof
20    that the Firearm Owner's Identification Card was valid.
21            (1) In addition to the other requirements of this
22        paragraph (k), all persons who are not federally
23        licensed firearms dealers must also have complied with
24        subsection (a-10) of Section 3 of the Firearm Owners
25        Identification Card Act by determining the validity of
26        a purchaser's Firearm Owner's Identification Card.

 

 

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1            (2) All sellers or transferors who have complied
2        with the requirements of subparagraph (1) of this
3        paragraph (k) shall not be liable for damages in any
4        civil action arising from the use or misuse by the
5        transferee of the firearm transferred, except for
6        willful or wanton misconduct on the part of the seller
7        or transferor.
8        (l) Not being entitled to the possession of a firearm,
9    delivers the firearm, knowing it to have been stolen or
10    converted. It may be inferred that a person who possesses a
11    firearm with knowledge that its serial number has been
12    removed or altered has knowledge that the firearm is stolen
13    or converted.
14    (B) Paragraph (h) of subsection (A) does not include
15firearms sold within 6 months after enactment of Public Act
1678-355 (approved August 21, 1973, effective October 1, 1973),
17nor is any firearm legally owned or possessed by any citizen or
18purchased by any citizen within 6 months after the enactment of
19Public Act 78-355 subject to confiscation or seizure under the
20provisions of that Public Act. Nothing in Public Act 78-355
21shall be construed to prohibit the gift or trade of any firearm
22if that firearm was legally held or acquired within 6 months
23after the enactment of that Public Act.
24    (C) Sentence.
25        (1) Any person convicted of unlawful sale or delivery
26    of firearms in violation of paragraph (c), (e), (f), (g),

 

 

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1    or (h) of subsection (A) commits a Class 4 felony.
2        (2) Any person convicted of unlawful sale or delivery
3    of firearms in violation of paragraph (b) or (i) of
4    subsection (A) commits a Class 3 felony.
5        (3) Any person convicted of unlawful sale or delivery
6    of firearms in violation of paragraph (a) of subsection (A)
7    commits a Class 2 felony.
8        (4) Any person convicted of unlawful sale or delivery
9    of firearms in violation of paragraph (a), (b), or (i) of
10    subsection (A) in any school, on the real property
11    comprising a school, within 1,000 feet of the real property
12    comprising a school, at a school related activity, or on or
13    within 1,000 feet of any conveyance owned, leased, or
14    contracted by a school or school district to transport
15    students to or from school or a school related activity,
16    regardless of the time of day or time of year at which the
17    offense was committed, commits a Class 1 felony. Any person
18    convicted of a second or subsequent violation of unlawful
19    sale or delivery of firearms in violation of paragraph (a),
20    (b), or (i) of subsection (A) in any school, on the real
21    property comprising a school, within 1,000 feet of the real
22    property comprising a school, at a school related activity,
23    or on or within 1,000 feet of any conveyance owned, leased,
24    or contracted by a school or school district to transport
25    students to or from school or a school related activity,
26    regardless of the time of day or time of year at which the

 

 

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1    offense was committed, commits a Class 1 felony for which
2    the sentence shall be a term of imprisonment of no less
3    than 5 years and no more than 15 years.
4        (5) Any person convicted of unlawful sale or delivery
5    of firearms in violation of paragraph (a) or (i) of
6    subsection (A) in residential property owned, operated, or
7    managed by a public housing agency or leased by a public
8    housing agency as part of a scattered site or mixed-income
9    development, in a public park, in a courthouse, on
10    residential property owned, operated, or managed by a
11    public housing agency or leased by a public housing agency
12    as part of a scattered site or mixed-income development, on
13    the real property comprising any public park, on the real
14    property comprising any courthouse, or on any public way
15    within 1,000 feet of the real property comprising any
16    public park, courthouse, or residential property owned,
17    operated, or managed by a public housing agency or leased
18    by a public housing agency as part of a scattered site or
19    mixed-income development commits a Class 2 felony.
20        (6) Any person convicted of unlawful sale or delivery
21    of firearms in violation of paragraph (j) of subsection (A)
22    commits a Class A misdemeanor. A second or subsequent
23    violation is a Class 4 felony.
24        (7) Any person convicted of unlawful sale or delivery
25    of firearms in violation of paragraph (k) of subsection (A)
26    commits a Class 4 felony, except that a violation of

 

 

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1    subparagraph (1) of paragraph (k) of subsection (A) shall
2    not be punishable as a crime or petty offense. A third or
3    subsequent conviction for a violation of paragraph (k) of
4    subsection (A) is a Class 1 felony.
5        (8) A person 18 years of age or older convicted of
6    unlawful sale or delivery of firearms in violation of
7    paragraph (a) or (i) of subsection (A), when the firearm
8    that was sold or given to another person under 18 years of
9    age was used in the commission of or attempt to commit a
10    forcible felony, shall be fined or imprisoned, or both, not
11    to exceed the maximum provided for the most serious
12    forcible felony so committed or attempted by the person
13    under 18 years of age who was sold or given the firearm.
14        (9) Any person convicted of unlawful sale or delivery
15    of firearms in violation of paragraph (d) of subsection (A)
16    commits a Class 3 felony.
17        (10) Any person convicted of unlawful sale or delivery
18    of firearms in violation of paragraph (l) of subsection (A)
19    commits a Class 2 felony if the delivery is of one firearm.
20    Any person convicted of unlawful sale or delivery of
21    firearms in violation of paragraph (l) of subsection (A)
22    commits a Class 1 felony if the delivery is of not less
23    than 2 and not more than 5 firearms at the same time or
24    within a one year period. Any person convicted of unlawful
25    sale or delivery of firearms in violation of paragraph (l)
26    of subsection (A) commits a Class X felony for which he or

 

 

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1    she shall be sentenced to a term of imprisonment of not
2    less than 6 years and not more than 30 years if the
3    delivery is of not less than 6 and not more than 10
4    firearms at the same time or within a 2 year period. Any
5    person convicted of unlawful sale or delivery of firearms
6    in violation of paragraph (l) of subsection (A) commits a
7    Class X felony for which he or she shall be sentenced to a
8    term of imprisonment of not less than 6 years and not more
9    than 40 years if the delivery is of not less than 11 and
10    not more than 20 firearms at the same time or within a 3
11    year period. Any person convicted of unlawful sale or
12    delivery of firearms in violation of paragraph (l) of
13    subsection (A) commits a Class X felony for which he or she
14    shall be sentenced to a term of imprisonment of not less
15    than 6 years and not more than 50 years if the delivery is
16    of not less than 21 and not more than 30 firearms at the
17    same time or within a 4 year period. Any person convicted
18    of unlawful sale or delivery of firearms in violation of
19    paragraph (l) of subsection (A) commits a Class X felony
20    for which he or she shall be sentenced to a term of
21    imprisonment of not less than 6 years and not more than 60
22    years if the delivery is of 31 or more firearms at the same
23    time or within a 5 year period.
24    (D) For purposes of this Section:
25    "School" means a public or private elementary or secondary
26school, community college, college, or university.

 

 

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1    "School related activity" means any sporting, social,
2academic, or other activity for which students' attendance or
3participation is sponsored, organized, or funded in whole or in
4part by a school or school district.
5    (E) A prosecution for a violation of paragraph (k) of
6subsection (A) of this Section may be commenced within 6 years
7after the commission of the offense. A prosecution for a
8violation of this Section other than paragraph (g) of
9subsection (A) of this Section may be commenced within 5 years
10after the commission of the offense defined in the particular
11paragraph.
12(Source: P.A. 99-29, eff. 7-10-15; 99-143, eff. 7-27-15;
1399-642, eff. 7-28-16; 100-606, eff. 1-1-19.)
 
14    Section 99. Effective date. This Act takes effect upon
15becoming law.