Full Text of HB3698 101st General Assembly
HB3698 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB3698 Introduced , by Rep. Yehiel M. Kalish SYNOPSIS AS INTRODUCED: |
| 720 ILCS 5/24-3 | from Ch. 38, par. 24-3 |
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Amends the Criminal Code of 2012. Provides that a person commits the offense of unlawful sale or delivery of firearms when he or she while holding a license under the federal Gun Control Act of 1968, transfers or possesses with the intent to transfer more than one firearm to any person within a 30-day period or transfers or possesses with the intent to transfer a firearm to any person he or she knows or has reasonable cause to believe has received a firearm within the previous 30 days. Provides that it is an affirmative defense to a violation that the transferor in good faith relied on the records of the Department of State Police in concluding that the transferor had not transferred a firearm within the previous 30 days. Provides that a person who commits this offense commits a Class 3 felony.
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| | A BILL FOR |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Criminal Code of 2012 is amended by changing | 5 | | Section 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 | 9 | | delivery of firearms when he
or she knowingly does any of the | 10 | | following:
| 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); or (5) the transfer or sale of any rifle, | 9 | | shotgun, or other long gun to a resident registered | 10 | | competitor or attendee or non-resident registered | 11 | | competitor or attendee by any dealer licensed as a federal | 12 | | firearms dealer under Section 923 of the federal Gun | 13 | | Control Act of 1968 at competitive shooting events held at | 14 | | the World Shooting Complex sanctioned by a national | 15 | | governing body. For purposes of transfers or sales under | 16 | | subparagraph (5) of this paragraph (g), the Department of | 17 | | Natural Resources shall give notice to the Department of | 18 | | State Police at least 30 calendar days prior to any | 19 | | competitive shooting events at the World Shooting Complex | 20 | | sanctioned by a national governing body. The notification | 21 | | shall be made on a form prescribed by the Department of | 22 | | State Police. The sanctioning body shall provide a list of | 23 | | all registered competitors and attendees at least 24 hours | 24 | | before the events to the Department of State Police. Any | 25 | | changes to the list of registered competitors and attendees | 26 | | shall be forwarded to the Department of State Police as |
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| 1 | | soon as practicable. The Department of State Police must | 2 | | destroy the list of registered competitors and attendees no | 3 | | later than 30 days after the date of the event. Nothing in | 4 | | this paragraph (g) relieves a federally licensed firearm | 5 | | dealer from the requirements of conducting a NICS | 6 | | background check through the Illinois Point of Contact | 7 | | under 18 U.S.C. 922(t). For purposes of this paragraph (g), | 8 | | "application" means when the buyer and seller reach an | 9 | | agreement to purchase a firearm.
For purposes of this | 10 | | paragraph (g), "national governing body" means a group of | 11 | | persons who adopt rules and formulate policy on behalf of a | 12 | | national firearm sporting organization.
| 13 | | (h) While holding any license
as a dealer,
importer, | 14 | | manufacturer or pawnbroker
under the federal Gun Control | 15 | | Act of 1968,
manufactures, sells or delivers to any | 16 | | unlicensed person a handgun having
a barrel, slide, frame | 17 | | or receiver which is a die casting of zinc alloy or
any | 18 | | other nonhomogeneous metal which will melt or deform at a | 19 | | temperature
of less than 800 degrees Fahrenheit. For | 20 | | purposes of this paragraph, (1)
"firearm" is defined as in | 21 | | the Firearm Owners Identification Card Act; and (2)
| 22 | | "handgun" is defined as a firearm designed to be held
and | 23 | | fired by the use of a single hand, and includes a | 24 | | combination of parts from
which such a firearm can be | 25 | | assembled.
| 26 | | (i) Sells or gives a firearm of any size to any person |
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| 1 | | under 18 years of
age who does not possess a valid Firearm | 2 | | Owner's Identification Card.
| 3 | | (i-5) While holding a license under the federal Gun | 4 | | Control Act of 1968, transfers or possesses with the intent | 5 | | to transfer more than one firearm to any person within a | 6 | | 30-day period or transfers or possesses with the intent to | 7 | | transfer a firearm to any person he or she knows or has | 8 | | reasonable cause to believe has received a firearm within | 9 | | the previous 30 days. It is an affirmative defense to a | 10 | | violation of this subsection (i-5) that the transferor in | 11 | | good faith relied on the records of the Department of State | 12 | | Police in concluding that the transferor had not | 13 | | transferred a firearm within the previous 30 days. | 14 | | (j) Sells or gives a firearm while engaged in the | 15 | | business of selling
firearms at wholesale or retail without | 16 | | being licensed as a federal firearms
dealer under Section | 17 | | 923 of the federal Gun Control Act of 1968 (18 U.S.C.
923). | 18 | | In this paragraph (j):
| 19 | | A person "engaged in the business" means a person who | 20 | | devotes time,
attention, and
labor to
engaging in the | 21 | | activity as a regular course of trade or business with the
| 22 | | principal objective of livelihood and profit, but does not | 23 | | include a person who
makes occasional repairs of firearms | 24 | | or who occasionally fits special barrels,
stocks, or | 25 | | trigger mechanisms to firearms.
| 26 | | "With the principal objective of livelihood and |
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| 1 | | profit" means that the
intent
underlying the sale or | 2 | | disposition of firearms is predominantly one of
obtaining | 3 | | livelihood and pecuniary gain, as opposed to other intents, | 4 | | such as
improving or liquidating a personal firearms | 5 | | collection; however, proof of
profit shall not be required | 6 | | as to a person who engages in the regular and
repetitive | 7 | | purchase and disposition of firearms for criminal purposes | 8 | | or
terrorism.
| 9 | | (k) Sells or transfers ownership of a firearm to a | 10 | | person who does not display to the seller or transferor of | 11 | | the firearm either: (1) a currently valid Firearm Owner's | 12 | | Identification Card that has previously been issued in the | 13 | | transferee's name by the Department of State Police under | 14 | | the provisions of the Firearm Owners Identification Card | 15 | | Act; or (2) a currently valid license to carry a concealed | 16 | | firearm that has previously been issued in the transferee's | 17 | | name by the
Department of State Police under the Firearm | 18 | | Concealed Carry Act. This paragraph (k) does not apply to | 19 | | the transfer of a firearm to a person who is exempt from | 20 | | the requirement of possessing a Firearm Owner's | 21 | | Identification Card under Section 2 of the Firearm Owners | 22 | | Identification Card Act. For the purposes of this Section, | 23 | | a currently valid Firearm Owner's Identification Card | 24 | | means (i) a Firearm Owner's Identification Card that has | 25 | | not expired or (ii) an approval number issued in accordance | 26 | | with subsection (a-10) of subsection 3 or Section 3.1 of |
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| 1 | | the Firearm Owners Identification Card Act shall be proof | 2 | | that 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 |
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| 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
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felony.
| 10 | | (2) Any person convicted of unlawful sale or delivery | 11 | | of firearms in violation of
paragraph (b) , or (i) , or (i-5) | 12 | | of 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 |
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| 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 |
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| 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) |
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| 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 |
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| 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. 99-29, eff. 7-10-15; 99-143, eff. 7-27-15; | 21 | | 99-642, eff. 7-28-16; 100-606, eff. 1-1-19 .)
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