Illinois General Assembly - Full Text of HB5490
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Full Text of HB5490  98th General Assembly

HB5490 98TH GENERAL ASSEMBLY

  
  

 


 
98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB5490

 

Introduced , by Rep. Ann Williams

 

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

    Amends the Criminal Code of 2012. Provides that a person commits unlawful sale or delivery of firearms when he or she knowingly delivers any firearm of a size which may be concealed upon the person, incidental to a sale, without withholding delivery of the firearm for at least 72 hours after application and complete payment (rather than just application) for its purchase has been made, or delivers any rifle, shotgun or other long gun, or a stun gun or taser, incidental to a sale, without withholding delivery of the rifle, shotgun or other long gun, or a stun gun or taser for at least 24 hours after application and complete payment (rather than just application) for its purchase has been made.


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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

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,
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
13    intellectually disabled.
14        (g) Delivers any firearm of a size which may be
15    concealed upon the person, incidental to a sale, without
16    withholding delivery of such firearm for at least 72 hours
17    after application and complete payment for its purchase has
18    been made, or delivers any rifle, shotgun or other long
19    gun, or a stun gun or taser, incidental to a sale, without
20    withholding delivery of such rifle, shotgun or other long
21    gun, or a stun gun or taser for at least 24 hours after
22    application and complete payment for its purchase has been
23    made. However, this paragraph (g) does not apply to: (1)
24    the sale of a firearm to a law enforcement officer if the
25    seller of the firearm knows that the person to whom he or
26    she is selling the firearm is a law enforcement officer or

 

 

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1    the sale of a firearm to a person who desires to purchase a
2    firearm for use in promoting the public interest incident
3    to his or her employment as a bank guard, armed truck
4    guard, or other similar employment; (2) a mail order sale
5    of a firearm to a nonresident of Illinois under which the
6    firearm is mailed to a point outside the boundaries of
7    Illinois; (3) the sale of a firearm to a nonresident of
8    Illinois while at a firearm showing or display recognized
9    by the Illinois Department of State Police; or (4) the sale
10    of a firearm to a dealer licensed as a federal firearms
11    dealer under Section 923 of the federal Gun Control Act of
12    1968 (18 U.S.C. 923). For purposes of this paragraph (g),
13    "application" means when the buyer and seller reach an
14    agreement to purchase a firearm.
15        (h) While holding any license as a dealer, importer,
16    manufacturer or pawnbroker under the federal Gun Control
17    Act of 1968, manufactures, sells or delivers to any
18    unlicensed person a handgun having a barrel, slide, frame
19    or receiver which is a die casting of zinc alloy or any
20    other nonhomogeneous metal which will melt or deform at a
21    temperature of less than 800 degrees Fahrenheit. For
22    purposes of this paragraph, (1) "firearm" is defined as in
23    the Firearm Owners Identification Card Act; and (2)
24    "handgun" is defined as a firearm designed to be held and
25    fired by the use of a single hand, and includes a
26    combination of parts from which such a firearm can be

 

 

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

 

 

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

 

 

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1        transferee of the firearm transferred, except for
2        willful or wanton misconduct on the part of the seller
3        or transferor.
4        (l) Not being entitled to the possession of a firearm,
5    delivers the firearm, knowing it to have been stolen or
6    converted. It may be inferred that a person who possesses a
7    firearm with knowledge that its serial number has been
8    removed or altered has knowledge that the firearm is stolen
9    or converted.
10    (B) Paragraph (h) of subsection (A) does not include
11firearms sold within 6 months after enactment of Public Act
1278-355 (approved August 21, 1973, effective October 1, 1973),
13nor is any firearm legally owned or possessed by any citizen or
14purchased by any citizen within 6 months after the enactment of
15Public Act 78-355 subject to confiscation or seizure under the
16provisions of that Public Act. Nothing in Public Act 78-355
17shall be construed to prohibit the gift or trade of any firearm
18if that firearm was legally held or acquired within 6 months
19after the enactment of that Public Act.
20    (C) Sentence.
21        (1) Any person convicted of unlawful sale or delivery
22    of firearms in violation of paragraph (c), (e), (f), (g),
23    or (h) of subsection (A) commits a Class 4 felony.
24        (2) Any person convicted of unlawful sale or delivery
25    of firearms in violation of paragraph (b) or (i) of
26    subsection (A) commits a Class 3 felony.

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    (E) A prosecution for a violation of paragraph (k) of
2subsection (A) of this Section may be commenced within 6 years
3after the commission of the offense. A prosecution for a
4violation of this Section other than paragraph (g) of
5subsection (A) of this Section may be commenced within 5 years
6after the commission of the offense defined in the particular
7paragraph.
8(Source: P.A. 97-227, eff. 1-1-12; 97-347, eff. 1-1-12; 97-813,
9eff. 7-13-12; 97-1167, eff. 6-1-13; 98-508, eff. 8-19-13.)