Illinois General Assembly - Full Text of HB1189
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Full Text of HB1189  98th General Assembly

HB1189sam001 98TH GENERAL ASSEMBLY

Sen. Kwame Raoul

Filed: 5/31/2013

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 1189

2    AMENDMENT NO. ______. Amend House Bill 1189 by replacing
3the title with the following:
4    "AN ACT concerning criminal law, which may be referred to
5as the Gun Safety and Responsibility Act."; and
 
6by replacing everything after the enacting clause with the
7following:
 
8    "Section 5. The Firearm Owners Identification Card Act is
9amended by changing Sections 3, 3.3, and 8 as follows:
 
10    (430 ILCS 65/3)  (from Ch. 38, par. 83-3)
11    Sec. 3. (a) Except as provided in Section 3a, no person may
12knowingly transfer, or cause to be transferred, any firearm,
13firearm ammunition, stun gun, or taser to any person within
14this State unless the transferee with whom he deals displays a
15currently valid Firearm Owner's Identification Card which has

 

 

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1previously been issued in his name by the Department of State
2Police under the provisions of this Act. In addition, all
3firearm, stun gun, and taser transfers by federally licensed
4firearm dealers are subject to Section 3.1.
5    (a-5) Any person who is not a federally licensed firearm
6dealer and who desires to transfer or sell a firearm while that
7person is on the grounds of a gun show must, before selling or
8transferring the firearm, request the Department of State
9Police to conduct a background check on the prospective
10recipient of the firearm in accordance with Section 3.1.
11    (a-10) Any person who is not a federally licensed firearm
12dealer and who desires to transfer or sell a firearm or
13firearms to any person who is not a federally licensed firearm
14dealer shall, before selling or transferring the firearms,
15contact the Department of State Police with the transferee's or
16purchaser's Firearm Owner's Identification Card number to
17determine the validity of the transferee's or purchaser's
18Firearm Owner's Identification Card. This subsection shall not
19be effective until January 1, 2014. The Department of State
20Police may adopt rules concerning the implementation of this
21subsection. The Department of State Police shall provide the
22seller or transferor an approval number if the purchaser's
23Firearm Owner's Identification Card is valid. Approvals issued
24by the Department for the purchase of a firearm pursuant to
25this subsection are valid for 30 days from the date of issue.
26    (a-15) The provisions of subsection (a-10) of this Section

 

 

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1do not apply to:
2        (1) transfers that occur at the place of business of a
3    federally licensed firearm dealer, if the federally
4    licensed firearm dealer conducts a background check on the
5    prospective recipient of the firearm in accordance with
6    Section 3.1 of this Act and follows all other applicable
7    federal, State, and local laws as if he or she were the
8    seller or transferor of the firearm, although the dealer is
9    not required to accept the firearm into his or her
10    inventory. The purchaser or transferee may be required by
11    the federally licensed firearm dealer to pay a fee not to
12    exceed $10 per firearm, which the dealer may retain as
13    compensation for performing the functions required under
14    this paragraph, plus the applicable fees authorized by
15    Section 3.1;
16        (2) transfers as a bona fide gift to the transferor's
17    husband, wife, son, daughter, stepson, stepdaughter,
18    father, mother, stepfather, stepmother, brother, sister,
19    nephew, niece, uncle, aunt, grandfather, grandmother,
20    grandson, granddaughter, father-in-law, mother-in-law,
21    son-in-law, or daughter-in-law;
22        (3) transfers by persons acting pursuant to operation
23    of law or a court order;
24        (4) transfers on the grounds of a gun show under
25    subsection (a-5) of this Section;
26        (5) the delivery of a firearm by its owner to a

 

 

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1    gunsmith for service or repair, the return of the firearm
2    to its owner by the gunsmith, or the delivery of a firearm
3    by a gunsmith to a federally licensed firearms dealer for
4    service or repair and the return of the firearm to the
5    gunsmith;
6        (6) temporary transfers that occur while in the home of
7    the unlicensed transferee, if the unlicensed transferee is
8    not otherwise prohibited from possessing firearms and the
9    unlicensed transferee reasonably believes that possession
10    of the firearm is necessary to prevent imminent death or
11    great bodily harm to the unlicensed transferee;
12        (7) transfers to a law enforcement or corrections
13    agency or a law enforcement or corrections officer acting
14    within the course and scope of his or her official duties;
15        (8) transfers of firearms that have been rendered
16    permanently inoperable to a nonprofit historical society,
17    museum, or institutional collection; and
18        (9) transfers to a person who is exempt from the
19    requirement of possessing a Firearm Owner's Identification
20    Card under Section 2 of this Act.
21    (a-20) The Department of State Police shall develop an
22Internet-based system for individuals to determine the
23validity of a Firearm Owner's Identification Card prior to the
24sale or transfer of a firearm. The Department shall have the
25Internet-based system completed and available for use by July
261, 2015. The Department shall adopt rules not inconsistent with

 

 

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1this Section to implement this system.
2    (b) Any person within this State who transfers or causes to
3be transferred any firearm, stun gun, or taser shall keep a
4record of such transfer for a period of 10 years from the date
5of transfer. Such record shall contain the date of the
6transfer; the description, serial number or other information
7identifying the firearm, stun gun, or taser if no serial number
8is available; and, if the transfer was completed within this
9State, the transferee's Firearm Owner's Identification Card
10number and any approval number or documentation provided by the
11Department of State Police pursuant to subsection (a-10) of
12this Section. On or after January 1, 2006, the record shall
13contain the date of application for transfer of the firearm. On
14demand of a peace officer such transferor shall produce for
15inspection such record of transfer. If the transfer or sale
16took place at a gun show, the record shall include the unique
17identification number. Failure to record the unique
18identification number or approval number is a petty offense.
19    (b-5) Any resident may purchase ammunition from a person
20within or outside of Illinois if shipment is by United States
21mail or by a private express carrier authorized by federal law
22to ship ammunition. Any resident purchasing ammunition within
23or outside the State of Illinois must provide the seller with a
24copy of his or her valid Firearm Owner's Identification Card
25and either his or her Illinois driver's license or Illinois
26State Identification Card prior to the shipment of the

 

 

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1ammunition. The ammunition may be shipped only to an address on
2either of those 2 documents.
3    (c) The provisions of this Section regarding the transfer
4of firearm ammunition shall not apply to those persons
5specified in paragraph (b) of Section 2 of this Act.
6(Source: P.A. 97-1135, eff. 12-4-12.)
 
7    (430 ILCS 65/3.3)
8    Sec. 3.3. Report to the local law enforcement agency. The
9Department of State Police must report the name and address of
10a person to the local law enforcement agency where the person
11resides if the person attempting to purchase a firearm is
12disqualified from purchasing a firearm because of information
13obtained under subsection (a-10) of Section 3 or Section 3.1
14that would disqualify the person from obtaining a Firearm
15Owner's Identification Card under any of subsections (c)
16through (n) of Section 8 of this Act.
17(Source: P.A. 94-125, eff. 1-1-06.)
 
18    (430 ILCS 65/8)  (from Ch. 38, par. 83-8)
19    (Text of Section before amendment by P.A. 97-1167)
20    Sec. 8. Grounds for denial and revocation.
21    The Department of State Police has authority to deny an
22application for or to revoke and seize a Firearm Owner's
23Identification Card previously issued under this Act only if
24the Department finds that the applicant or the person to whom

 

 

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1such card was issued is or was at the time of issuance:
2        (a) A person under 21 years of age who has been
3    convicted of a misdemeanor other than a traffic offense or
4    adjudged delinquent;
5        (b) A person under 21 years of age who does not have
6    the written consent of his parent or guardian to acquire
7    and possess firearms and firearm ammunition, or whose
8    parent or guardian has revoked such written consent, or
9    where such parent or guardian does not qualify to have a
10    Firearm Owner's Identification Card;
11        (c) A person convicted of a felony under the laws of
12    this or any other jurisdiction;
13        (d) A person addicted to narcotics;
14        (e) A person who has been a patient of a mental
15    institution within the past 5 years. An active law
16    enforcement officer employed by a unit of government who is
17    denied, revoked, or has his or her Firearm Owner's
18    Identification Card seized under this subsection (e) may
19    obtain relief as described in subsection (c-5) of Section
20    10 of this Act if the officer did not act in a manner
21    threatening to the officer, another person, or the public
22    as determined by the treating clinical psychologist or
23    physician, and the officer seeks mental health treatment or
24    has been adjudicated as a mental defective;
25        (f) A person whose mental condition is of such a nature
26    that it poses a clear and present danger to the applicant,

 

 

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1    any other person or persons or the community;
2        For the purposes of this Section, "mental condition"
3    means a state of mind manifested by violent, suicidal,
4    threatening or assaultive behavior.
5        (g) A person who is intellectually disabled;
6        (h) A person who intentionally makes a false statement
7    in the Firearm Owner's Identification Card application;
8        (i) An alien who is unlawfully present in the United
9    States under the laws of the United States;
10        (i-5) An alien who has been admitted to the United
11    States under a non-immigrant visa (as that term is defined
12    in Section 101(a)(26) of the Immigration and Nationality
13    Act (8 U.S.C. 1101(a)(26))), except that this subsection
14    (i-5) does not apply to any alien who has been lawfully
15    admitted to the United States under a non-immigrant visa if
16    that alien is:
17        (1) admitted to the United States for lawful hunting or
18        sporting purposes;
19        (2) an official representative of a foreign government
20        who is:
21            (A) accredited to the United States Government or
22            the Government's mission to an international
23            organization having its headquarters in the United
24            States; or
25            (B) en route to or from another country to which
26            that alien is accredited;

 

 

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1        (3) an official of a foreign government or
2        distinguished foreign visitor who has been so
3        designated by the Department of State;
4        (4) a foreign law enforcement officer of a friendly
5        foreign government entering the United States on
6        official business; or
7        (5) one who has received a waiver from the Attorney
8        General of the United States pursuant to 18 U.S.C.
9        922(y)(3);
10        (j) (Blank);
11        (k) A person who has been convicted within the past 5
12    years of battery, assault, aggravated assault, violation
13    of an order of protection, or a substantially similar
14    offense in another jurisdiction, in which a firearm was
15    used or possessed;
16        (l) A person who has been convicted of domestic
17    battery, aggravated domestic battery, or a substantially
18    similar offense in another jurisdiction committed before,
19    on or after January 1, 2012 (the effective date of Public
20    Act 97-158). If the applicant or person who has been
21    previously issued a Firearm Owner's Identification Card
22    under this Act knowingly and intelligently waives the right
23    to have an offense described in this paragraph (l) tried by
24    a jury, and by guilty plea or otherwise, results in a
25    conviction for an offense in which a domestic relationship
26    is not a required element of the offense but in which a

 

 

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1    determination of the applicability of 18 U.S.C. 922(g)(9)
2    is made under Section 112A-11.1 of the Code of Criminal
3    Procedure of 1963, an entry by the court of a judgment of
4    conviction for that offense shall be grounds for denying an
5    application for and for revoking and seizing a Firearm
6    Owner's Identification Card previously issued to the
7    person under this Act;
8        (m) (Blank);
9        (n) A person who is prohibited from acquiring or
10    possessing firearms or firearm ammunition by any Illinois
11    State statute or by federal law;
12        (o) A minor subject to a petition filed under Section
13    5-520 of the Juvenile Court Act of 1987 alleging that the
14    minor is a delinquent minor for the commission of an
15    offense that if committed by an adult would be a felony;
16        (p) An adult who had been adjudicated a delinquent
17    minor under the Juvenile Court Act of 1987 for the
18    commission of an offense that if committed by an adult
19    would be a felony; or
20        (q) A person who is not a resident of the State of
21    Illinois, except as provided in subsection (a-10) of
22    Section 4.
23(Source: P.A. 96-701, eff. 1-1-10; 97-158, eff. 1-1-12; 97-227,
24eff. 1-1-12; 97-813, eff. 7-13-12; 97-1131, eff. 1-1-13.)
 
25    (Text of Section after amendment by P.A. 97-1167)

 

 

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1    Sec. 8. Grounds for denial and revocation.
2    The Department of State Police has authority to deny an
3application for or to revoke and seize a Firearm Owner's
4Identification Card previously issued under this Act only if
5the Department finds that the applicant or the person to whom
6such card was issued is or was at the time of issuance:
7        (a) A person under 21 years of age who has been
8    convicted of a misdemeanor other than a traffic offense or
9    adjudged delinquent;
10        (b) A person under 21 years of age who does not have
11    the written consent of his parent or guardian to acquire
12    and possess firearms and firearm ammunition, or whose
13    parent or guardian has revoked such written consent, or
14    where such parent or guardian does not qualify to have a
15    Firearm Owner's Identification Card;
16        (c) A person convicted of a felony under the laws of
17    this or any other jurisdiction;
18        (d) A person addicted to narcotics;
19        (e) A person who has been a patient of a mental
20    institution within the past 5 years. An active law
21    enforcement officer employed by a unit of government who is
22    denied, revoked, or has his or her Firearm Owner's
23    Identification Card seized under this subsection (e) may
24    obtain relief as described in subsection (c-5) of Section
25    10 of this Act if the officer did not act in a manner
26    threatening to the officer, another person, or the public

 

 

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1    as determined by the treating clinical psychologist or
2    physician, and the officer seeks mental health treatment;
3        (f) A person whose mental condition is of such a nature
4    that it poses a clear and present danger to the applicant,
5    any other person or persons or the community;
6        For the purposes of this Section, "mental condition"
7    means a state of mind manifested by violent, suicidal,
8    threatening or assaultive behavior.
9        (g) A person who is intellectually disabled;
10        (h) A person who intentionally makes a false statement
11    in the Firearm Owner's Identification Card application;
12        (i) An alien who is unlawfully present in the United
13    States under the laws of the United States;
14        (i-5) An alien who has been admitted to the United
15    States under a non-immigrant visa (as that term is defined
16    in Section 101(a)(26) of the Immigration and Nationality
17    Act (8 U.S.C. 1101(a)(26))), except that this subsection
18    (i-5) does not apply to any alien who has been lawfully
19    admitted to the United States under a non-immigrant visa if
20    that alien is:
21        (1) admitted to the United States for lawful hunting or
22        sporting purposes;
23        (2) an official representative of a foreign government
24        who is:
25            (A) accredited to the United States Government or
26            the Government's mission to an international

 

 

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1            organization having its headquarters in the United
2            States; or
3            (B) en route to or from another country to which
4            that alien is accredited;
5        (3) an official of a foreign government or
6        distinguished foreign visitor who has been so
7        designated by the Department of State;
8        (4) a foreign law enforcement officer of a friendly
9        foreign government entering the United States on
10        official business; or
11        (5) one who has received a waiver from the Attorney
12        General of the United States pursuant to 18 U.S.C.
13        922(y)(3);
14        (j) (Blank);
15        (k) A person who has been convicted within the past 5
16    years of battery, assault, aggravated assault, violation
17    of an order of protection, or a substantially similar
18    offense in another jurisdiction, in which a firearm was
19    used or possessed;
20        (l) A person who has been convicted of domestic
21    battery, aggravated domestic battery, or a substantially
22    similar offense in another jurisdiction committed before,
23    on or after January 1, 2012 (the effective date of Public
24    Act 97-158). If the applicant or person who has been
25    previously issued a Firearm Owner's Identification Card
26    under this Act knowingly and intelligently waives the right

 

 

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1    to have an offense described in this paragraph (l) tried by
2    a jury, and by guilty plea or otherwise, results in a
3    conviction for an offense in which a domestic relationship
4    is not a required element of the offense but in which a
5    determination of the applicability of 18 U.S.C. 922(g)(9)
6    is made under Section 112A-11.1 of the Code of Criminal
7    Procedure of 1963, an entry by the court of a judgment of
8    conviction for that offense shall be grounds for denying an
9    application for and for revoking and seizing a Firearm
10    Owner's Identification Card previously issued to the
11    person under this Act;
12        (m) (Blank);
13        (n) A person who is prohibited from acquiring or
14    possessing firearms or firearm ammunition by any Illinois
15    State statute or by federal law;
16        (o) A minor subject to a petition filed under Section
17    5-520 of the Juvenile Court Act of 1987 alleging that the
18    minor is a delinquent minor for the commission of an
19    offense that if committed by an adult would be a felony;
20        (p) An adult who had been adjudicated a delinquent
21    minor under the Juvenile Court Act of 1987 for the
22    commission of an offense that if committed by an adult
23    would be a felony;
24        (q) A person who is not a resident of the State of
25    Illinois, except as provided in subsection (a-10) of
26    Section 4; or

 

 

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1        (r) A person who has been adjudicated as a mental
2    defective.
3(Source: P.A. 96-701, eff. 1-1-10; 97-158, eff. 1-1-12; 97-227,
4eff. 1-1-12; 97-813, eff. 7-13-12; 97-1131, eff. 1-1-13;
597-1167, eff. 6-1-13.)
 
6    Section 10. The Criminal Code of 2012 is amended by
7changing Section 24-3 and adding Section 24-4.1 as follows:
 
8    (720 ILCS 5/24-3)  (from Ch. 38, par. 24-3)
9    (Text of Section before amendment by P.A. 97-1167)
10    Sec. 24-3. Unlawful sale or delivery of firearms.
11    (A) A person commits the offense of unlawful sale or
12delivery of firearms when he or she knowingly does any of the
13following:
14        (a) Sells or gives any firearm of a size which may be
15    concealed upon the person to any person under 18 years of
16    age.
17        (b) Sells or gives any firearm to a person under 21
18    years of age who has been convicted of a misdemeanor other
19    than a traffic offense or adjudged delinquent.
20        (c) Sells or gives any firearm to any narcotic addict.
21        (d) Sells or gives any firearm to any person who has
22    been convicted of a felony under the laws of this or any
23    other jurisdiction.
24        (e) Sells or gives any firearm to any person who has

 

 

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1    been a patient in a mental hospital within the past 5
2    years.
3        (f) Sells or gives any firearms to any person who is
4    intellectually disabled.
5        (g) Delivers any firearm of a size which may be
6    concealed upon the person, incidental to a sale, without
7    withholding delivery of such firearm for at least 72 hours
8    after application for its purchase has been made, or
9    delivers any rifle, shotgun or other long gun, or a stun
10    gun or taser, incidental to a sale, without withholding
11    delivery of such rifle, shotgun or other long gun, or a
12    stun gun or taser for at least 24 hours after application
13    for its purchase has been made. However, this paragraph (g)
14    does not apply to: (1) the sale of a firearm to a law
15    enforcement officer if the seller of the firearm knows that
16    the person to whom he or she is selling the firearm is a
17    law enforcement officer or the sale of a firearm to a
18    person who desires to purchase a firearm for use in
19    promoting the public interest incident to his or her
20    employment as a bank guard, armed truck guard, or other
21    similar employment; (2) a mail order sale of a firearm to a
22    nonresident of Illinois under which the firearm is mailed
23    to a point outside the boundaries of Illinois; (3) the sale
24    of a firearm to a nonresident of Illinois while at a
25    firearm showing or display recognized by the Illinois
26    Department of State Police; or (4) the sale of a firearm to

 

 

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1    a dealer licensed as a federal firearms dealer under
2    Section 923 of the federal Gun Control Act of 1968 (18
3    U.S.C. 923). For purposes of this paragraph (g),
4    "application" means when the buyer and seller reach an
5    agreement to purchase a firearm.
6        (h) While holding any license as a dealer, importer,
7    manufacturer or pawnbroker under the federal Gun Control
8    Act of 1968, manufactures, sells or delivers to any
9    unlicensed person a handgun having a barrel, slide, frame
10    or receiver which is a die casting of zinc alloy or any
11    other nonhomogeneous metal which will melt or deform at a
12    temperature of less than 800 degrees Fahrenheit. For
13    purposes of this paragraph, (1) "firearm" is defined as in
14    the Firearm Owners Identification Card Act; and (2)
15    "handgun" is defined as a firearm designed to be held and
16    fired by the use of a single hand, and includes a
17    combination of parts from which such a firearm can be
18    assembled.
19        (i) Sells or gives a firearm of any size to any person
20    under 18 years of age who does not possess a valid Firearm
21    Owner's Identification Card.
22        (j) Sells or gives a firearm while engaged in the
23    business of selling firearms at wholesale or retail without
24    being licensed as a federal firearms dealer under Section
25    923 of the federal Gun Control Act of 1968 (18 U.S.C. 923).
26    In this paragraph (j):

 

 

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1        A person "engaged in the business" means a person who
2    devotes time, attention, and labor to engaging in the
3    activity as a regular course of trade or business with the
4    principal objective of livelihood and profit, but does not
5    include a person who makes occasional repairs of firearms
6    or who occasionally fits special barrels, stocks, or
7    trigger mechanisms to firearms.
8        "With the principal objective of livelihood and
9    profit" means that the intent underlying the sale or
10    disposition of firearms is predominantly one of obtaining
11    livelihood and pecuniary gain, as opposed to other intents,
12    such as improving or liquidating a personal firearms
13    collection; however, proof of profit shall not be required
14    as to a person who engages in the regular and repetitive
15    purchase and disposition of firearms for criminal purposes
16    or terrorism.
17        (k) Sells or transfers ownership of a firearm to a
18    person who does not display to the seller or transferor of
19    the firearm a currently valid Firearm Owner's
20    Identification Card that has previously been issued in the
21    transferee's name by the Department of State Police under
22    the provisions of the Firearm Owners Identification Card
23    Act. This paragraph (k) does not apply to the transfer of a
24    firearm to a person who is exempt from the requirement of
25    possessing a Firearm Owner's Identification Card under
26    Section 2 of the Firearm Owners Identification Card Act.

 

 

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1    For the purposes of this Section, a currently valid Firearm
2    Owner's Identification Card means (i) a Firearm Owner's
3    Identification Card that has not expired or (ii) if the
4    transferor is licensed as a federal firearms dealer under
5    Section 923 of the federal Gun Control Act of 1968 (18
6    U.S.C. 923), an approval number issued in accordance with
7    subsection (a-10) of Section 3 or Section 3.1 of the
8    Firearm Owners Identification Card Act shall be proof that
9    the Firearm Owner's Identification Card was valid.
10            (1) In addition to the other requirements of this
11        paragraph (k), all persons who are not federally
12        licensed firearms dealers must also have complied with
13        subsection (a-10) of Section 3 of the Firearms Owners
14        Identification Card Act by determining the validity of
15        a purchaser's Firearms Owner's Identification Card.
16            (2) All sellers or transferors who have complied
17        with the requirements of subparagraph (1) of this
18        paragraph (k) shall not be liable for damages in any
19        civil action arising from the use or misuse by the
20        transferee of the firearm transferred, except for
21        willful or wanton misconduct on the part of the seller
22        or transferor.
23        (l) Not being entitled to the possession of a firearm,
24    delivers the firearm, knowing it to have been stolen or
25    converted. It may be inferred that a person who possesses a
26    firearm with knowledge that its serial number has been

 

 

09800HB1189sam001- 20 -LRB098 02638 RLC 46757 a

1    removed or altered has knowledge that the firearm is stolen
2    or converted.
3    (B) Paragraph (h) of subsection (A) does not include
4firearms sold within 6 months after enactment of Public Act
578-355 (approved August 21, 1973, effective October 1, 1973),
6nor is any firearm legally owned or possessed by any citizen or
7purchased by any citizen within 6 months after the enactment of
8Public Act 78-355 subject to confiscation or seizure under the
9provisions of that Public Act. Nothing in Public Act 78-355
10shall be construed to prohibit the gift or trade of any firearm
11if that firearm was legally held or acquired within 6 months
12after the enactment of that Public Act.
13    (C) Sentence.
14        (1) Any person convicted of unlawful sale or delivery
15    of firearms in violation of paragraph (c), (e), (f), (g),
16    or (h) of subsection (A) commits a Class 4 felony.
17        (2) Any person convicted of unlawful sale or delivery
18    of firearms in violation of paragraph (b) or (i) of
19    subsection (A) commits a Class 3 felony.
20        (3) Any person convicted of unlawful sale or delivery
21    of firearms in violation of paragraph (a) of subsection (A)
22    commits a Class 2 felony.
23        (4) Any person convicted of unlawful sale or delivery
24    of firearms in violation of paragraph (a), (b), or (i) of
25    subsection (A) in any school, on the real property
26    comprising a school, within 1,000 feet of the real property

 

 

09800HB1189sam001- 21 -LRB098 02638 RLC 46757 a

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

 

 

09800HB1189sam001- 22 -LRB098 02638 RLC 46757 a

1    as part of a scattered site or mixed-income development, on
2    the real property comprising any public park, on the real
3    property comprising any courthouse, or on any public way
4    within 1,000 feet of the real property comprising any
5    public park, courthouse, or residential property owned,
6    operated, or managed by a public housing agency or leased
7    by a public housing agency as part of a scattered site or
8    mixed-income development commits a Class 2 felony.
9        (6) Any person convicted of unlawful sale or delivery
10    of firearms in violation of paragraph (j) of subsection (A)
11    commits a Class A misdemeanor. A second or subsequent
12    violation is a Class 4 felony.
13        (7) Any person convicted of unlawful sale or delivery
14    of firearms in violation of paragraph (k) of subsection (A)
15    commits a Class 4 felony, except that a violation of
16    subparagraph (1) of paragraph (k) of subsection (A) shall
17    not be punishable as a crime or petty offense. A third or
18    subsequent conviction for a violation of paragraph (k) of
19    subsection (A) is a Class 1 felony.
20        (8) A person 18 years of age or older convicted of
21    unlawful sale or delivery of firearms in violation of
22    paragraph (a) or (i) of subsection (A), when the firearm
23    that was sold or given to another person under 18 years of
24    age was used in the commission of or attempt to commit a
25    forcible felony, shall be fined or imprisoned, or both, not
26    to exceed the maximum provided for the most serious

 

 

09800HB1189sam001- 23 -LRB098 02638 RLC 46757 a

1    forcible felony so committed or attempted by the person
2    under 18 years of age who was sold or given the firearm.
3        (9) Any person convicted of unlawful sale or delivery
4    of firearms in violation of paragraph (d) of subsection (A)
5    commits a Class 3 felony.
6        (10) Any person convicted of unlawful sale or delivery
7    of firearms in violation of paragraph (l) of subsection (A)
8    commits a Class 2 felony if the delivery is of one firearm.
9    Any person convicted of unlawful sale or delivery of
10    firearms in violation of paragraph (l) of subsection (A)
11    commits a Class 1 felony if the delivery is of not less
12    than 2 and not more than 5 firearms at the same time or
13    within a one year period. Any person convicted of unlawful
14    sale or delivery of firearms in violation of paragraph (l)
15    of subsection (A) commits a Class X felony for which he or
16    she shall be sentenced to a term of imprisonment of not
17    less than 6 years and not more than 30 years if the
18    delivery is of not less than 6 and not more than 10
19    firearms at the same time or within a 2 year period. Any
20    person convicted of unlawful sale or delivery of firearms
21    in violation of paragraph (l) of subsection (A) commits a
22    Class X felony for which he or she shall be sentenced to a
23    term of imprisonment of not less than 6 years and not more
24    than 40 years if the delivery is of not less than 11 and
25    not more than 20 firearms at the same time or within a 3
26    year period. Any person convicted of unlawful sale or

 

 

09800HB1189sam001- 24 -LRB098 02638 RLC 46757 a

1    delivery of firearms in violation of paragraph (l) of
2    subsection (A) commits a Class X felony for which he or she
3    shall be sentenced to a term of imprisonment of not less
4    than 6 years and not more than 50 years if the delivery is
5    of not less than 21 and not more than 30 firearms at the
6    same time or within a 4 year period. Any person convicted
7    of unlawful sale or delivery of firearms in violation of
8    paragraph (l) of subsection (A) commits a Class X felony
9    for which he or she shall be sentenced to a term of
10    imprisonment of not less than 6 years and not more than 60
11    years if the delivery is of 31 or more firearms at the same
12    time or within a 5 year period.
13    (D) For purposes of this Section:
14    "School" means a public or private elementary or secondary
15school, community college, college, or university.
16    "School related activity" means any sporting, social,
17academic, or other activity for which students' attendance or
18participation is sponsored, organized, or funded in whole or in
19part by a school or school district.
20    (E) A prosecution for a violation of paragraph (k) of
21subsection (A) of this Section may be commenced within 6 years
22after the commission of the offense. A prosecution for a
23violation of this Section other than paragraph (g) of
24subsection (A) of this Section may be commenced within 5 years
25after the commission of the offense defined in the particular
26paragraph.

 

 

09800HB1189sam001- 25 -LRB098 02638 RLC 46757 a

1(Source: P.A. 96-190, eff. 1-1-10; 97-227, eff. 1-1-12; 97-347,
2eff. 1-1-12; 97-813, eff. 7-13-12.)
 
3    (Text of Section after amendment by P.A. 97-1167)
4    Sec. 24-3. Unlawful sale or delivery of firearms.
5    (A) A person commits the offense of unlawful sale or
6delivery of firearms when he or she knowingly does any of the
7following:
8        (a) Sells or gives any firearm of a size which may be
9    concealed upon the person to any person under 18 years of
10    age.
11        (b) Sells or gives any firearm to a person under 21
12    years of age who has been convicted of a misdemeanor other
13    than a traffic offense or adjudged delinquent.
14        (c) Sells or gives any firearm to any narcotic addict.
15        (d) Sells or gives any firearm to any person who has
16    been convicted of a felony under the laws of this or any
17    other jurisdiction.
18        (e) Sells or gives any firearm to any person who has
19    been a patient in a mental institution within the past 5
20    years. In this subsection (e):
21            "Mental institution" means any hospital,
22        institution, clinic, evaluation facility, mental
23        health center, or part thereof, which is used primarily
24        for the care or treatment of persons with mental
25        illness.

 

 

09800HB1189sam001- 26 -LRB098 02638 RLC 46757 a

1            "Patient in a mental institution" means the person
2        was admitted, either voluntarily or involuntarily, to
3        a mental institution for mental health treatment,
4        unless the treatment was voluntary and solely for an
5        alcohol abuse disorder and no other secondary
6        substance abuse disorder or mental illness.
7        (f) Sells or gives any firearms to any person who is
8    intellectually disabled.
9        (g) Delivers any firearm of a size which may be
10    concealed upon the person, incidental to a sale, without
11    withholding delivery of such firearm for at least 72 hours
12    after application for its purchase has been made, or
13    delivers any rifle, shotgun or other long gun, or a stun
14    gun or taser, incidental to a sale, without withholding
15    delivery of such rifle, shotgun or other long gun, or a
16    stun gun or taser for at least 24 hours after application
17    for its purchase has been made. However, this paragraph (g)
18    does not apply to: (1) the sale of a firearm to a law
19    enforcement officer if the seller of the firearm knows that
20    the person to whom he or she is selling the firearm is a
21    law enforcement officer or the sale of a firearm to a
22    person who desires to purchase a firearm for use in
23    promoting the public interest incident to his or her
24    employment as a bank guard, armed truck guard, or other
25    similar employment; (2) a mail order sale of a firearm to a
26    nonresident of Illinois under which the firearm is mailed

 

 

09800HB1189sam001- 27 -LRB098 02638 RLC 46757 a

1    to a point outside the boundaries of Illinois; (3) the sale
2    of a firearm to a nonresident of Illinois while at a
3    firearm showing or display recognized by the Illinois
4    Department of State Police; or (4) the sale of a firearm to
5    a dealer licensed as a federal firearms dealer under
6    Section 923 of the federal Gun Control Act of 1968 (18
7    U.S.C. 923). For purposes of this paragraph (g),
8    "application" means when the buyer and seller reach an
9    agreement to purchase a firearm.
10        (h) While holding any license as a dealer, importer,
11    manufacturer or pawnbroker under the federal Gun Control
12    Act of 1968, manufactures, sells or delivers to any
13    unlicensed person a handgun having a barrel, slide, frame
14    or receiver which is a die casting of zinc alloy or any
15    other nonhomogeneous metal which will melt or deform at a
16    temperature of less than 800 degrees Fahrenheit. For
17    purposes of this paragraph, (1) "firearm" is defined as in
18    the Firearm Owners Identification Card Act; and (2)
19    "handgun" is defined as a firearm designed to be held and
20    fired by the use of a single hand, and includes a
21    combination of parts from which such a firearm can be
22    assembled.
23        (i) Sells or gives a firearm of any size to any person
24    under 18 years of age who does not possess a valid Firearm
25    Owner's Identification Card.
26        (j) Sells or gives a firearm while engaged in the

 

 

09800HB1189sam001- 28 -LRB098 02638 RLC 46757 a

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

 

 

09800HB1189sam001- 29 -LRB098 02638 RLC 46757 a

1    Act. This paragraph (k) does not apply to the transfer of a
2    firearm to a person who is exempt from the requirement of
3    possessing a Firearm Owner's Identification Card under
4    Section 2 of the Firearm Owners Identification Card Act.
5    For the purposes of this Section, a currently valid Firearm
6    Owner's Identification Card means (i) a Firearm Owner's
7    Identification Card that has not expired or (ii) if the
8    transferor is licensed as a federal firearms dealer under
9    Section 923 of the federal Gun Control Act of 1968 (18
10    U.S.C. 923), an approval number issued in accordance with
11    subsection (a-10) of subsection 3 or Section 3.1 of the
12    Firearm Owners Identification Card Act shall be proof that
13    the Firearm Owner's Identification Card was valid.
14            (1) In addition to the other requirements of this
15        paragraph (k), all persons who are not federally
16        licensed firearms dealers must also have complied with
17        subsection (a-10) of Section 3 of the Firearms Owners
18        Identification Card Act by determining the validity of
19        a purchaser's Firearms Owner's Identification Card.
20            (2) All sellers or transferors who have complied
21        with the requirements of subparagraph (1) of this
22        paragraph (k) shall not be liable for damages in any
23        civil action arising from the use or misuse by the
24        transferee of the firearm transferred, except for
25        willful or wanton misconduct on the part of the seller
26        or transferor.

 

 

09800HB1189sam001- 30 -LRB098 02638 RLC 46757 a

1        (l) Not being entitled to the possession of a firearm,
2    delivers the firearm, knowing it to have been stolen or
3    converted. It may be inferred that a person who possesses a
4    firearm with knowledge that its serial number has been
5    removed or altered has knowledge that the firearm is stolen
6    or converted.
7    (B) Paragraph (h) of subsection (A) does not include
8firearms sold within 6 months after enactment of Public Act
978-355 (approved August 21, 1973, effective October 1, 1973),
10nor is any firearm legally owned or possessed by any citizen or
11purchased by any citizen within 6 months after the enactment of
12Public Act 78-355 subject to confiscation or seizure under the
13provisions of that Public Act. Nothing in Public Act 78-355
14shall be construed to prohibit the gift or trade of any firearm
15if that firearm was legally held or acquired within 6 months
16after the enactment of that Public Act.
17    (C) Sentence.
18        (1) Any person convicted of unlawful sale or delivery
19    of firearms in violation of paragraph (c), (e), (f), (g),
20    or (h) of subsection (A) commits a Class 4 felony.
21        (2) Any person convicted of unlawful sale or delivery
22    of firearms in violation of paragraph (b) or (i) of
23    subsection (A) commits a Class 3 felony.
24        (3) Any person convicted of unlawful sale or delivery
25    of firearms in violation of paragraph (a) of subsection (A)
26    commits a Class 2 felony.

 

 

09800HB1189sam001- 31 -LRB098 02638 RLC 46757 a

1        (4) Any person convicted of unlawful sale or delivery
2    of firearms in violation of paragraph (a), (b), or (i) of
3    subsection (A) in any school, on the real property
4    comprising a school, within 1,000 feet of the real property
5    comprising a school, at a school related activity, or on or
6    within 1,000 feet of any conveyance owned, leased, or
7    contracted by a school or school district to transport
8    students to or from school or a school related activity,
9    regardless of the time of day or time of year at which the
10    offense was committed, commits a Class 1 felony. Any person
11    convicted of a second or subsequent violation of unlawful
12    sale or delivery of firearms in violation of paragraph (a),
13    (b), or (i) of subsection (A) in any school, on the real
14    property comprising a school, within 1,000 feet of the real
15    property comprising a school, at a school related activity,
16    or on or within 1,000 feet of any conveyance owned, leased,
17    or contracted by a school or school district to transport
18    students to or from school or a school related activity,
19    regardless of the time of day or time of year at which the
20    offense was committed, commits a Class 1 felony for which
21    the sentence shall be a term of imprisonment of no less
22    than 5 years and no more than 15 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

 

 

09800HB1189sam001- 32 -LRB098 02638 RLC 46757 a

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, on
6    the real property comprising any public park, on the real
7    property comprising any courthouse, or on any public way
8    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 (A)
15    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 (A)
19    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

 

 

09800HB1189sam001- 33 -LRB098 02638 RLC 46757 a

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, not
4    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 (A)
9    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 (A)
12    commits a Class 2 felony if the delivery is of one firearm.
13    Any person convicted of unlawful sale or delivery of
14    firearms in violation of paragraph (l) of subsection (A)
15    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

 

 

09800HB1189sam001- 34 -LRB098 02638 RLC 46757 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 3
4    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    (D) For purposes of this Section:
18    "School" means a public or private elementary or secondary
19school, community college, college, or university.
20    "School related activity" means any sporting, social,
21academic, or other activity for which students' attendance or
22participation is sponsored, organized, or funded in whole or in
23part by a school or school district.
24    (E) A prosecution for a violation of paragraph (k) of
25subsection (A) of this Section may be commenced within 6 years
26after the commission of the offense. A prosecution for a

 

 

09800HB1189sam001- 35 -LRB098 02638 RLC 46757 a

1violation of this Section other than paragraph (g) of
2subsection (A) of this Section may be commenced within 5 years
3after the commission of the offense defined in the particular
4paragraph.
5(Source: P.A. 96-190, eff. 1-1-10; 97-227, eff. 1-1-12; 97-347,
6eff. 1-1-12; 97-813, eff. 7-13-12; 97-1167, eff. 6-1-13.)
 
7    (720 ILCS 5/24-4.1 new)
8    Sec. 24-4.1. Report of lost or stolen firearms.
9    (a) If a person who possesses a valid Firearm Owner's
10Identification Card and who possesses or acquires a firearm
11thereafter loses the firearm, or if the firearm is stolen from
12the person, the person must report the loss or theft to the
13local law enforcement agency within 72 hours after obtaining
14knowledge of the loss or theft.
15    (b) A law enforcement agency having jurisdiction shall take
16a written report and shall, as soon as practical, enter the
17firearm's serial number as stolen into the Law Enforcement
18Agencies Data System (LEADS).
19    (c) A person shall not be in violation of this Section if:
20        (1) the failure to report is due to an act of God, act
21    of war, or inability of a law enforcement agency to receive
22    the report;
23        (2) the person is hospitalized, in a coma, or is
24    otherwise seriously physically or mentally impaired as to
25    prevent the person from reporting; or

 

 

09800HB1189sam001- 36 -LRB098 02638 RLC 46757 a

1        (3) the person's designee makes a report if the person
2    is unable to make the report.
3    (d) Sentence. A person who violates this Section is guilty
4of a petty offense for a first violation. A second or
5subsequent violation of this Section is a Class A misdemeanor.
 
6    Section 95. No acceleration or delay. Where this Act makes
7changes in a statute that is represented in this Act by text
8that is not yet or no longer in effect (for example, a Section
9represented by multiple versions), the use of that text does
10not accelerate or delay the taking effect of (i) the changes
11made by this Act or (ii) provisions derived from any other
12Public Act.
 
13    Section 99. Effective date. This Act takes effect upon
14becoming law.".