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Full Text of HB1237  97th General Assembly

HB1237enr 97TH GENERAL ASSEMBLY

  
  
  

 


 
HB1237 EnrolledLRB097 06157 RLC 46231 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Firearm Owners Identification Card Act is
5amended by changing Sections 1.1, 4, 8, and 10 as follows:
 
6    (430 ILCS 65/1.1)  (from Ch. 38, par. 83-1.1)
7    Sec. 1.1. For purposes of this Act:
8    "Has been adjudicated as a mental defective" means the
9person is the subject of a determination by a court, board,
10commission or other lawful authority that a person, as a result
11of marked subnormal intelligence, or mental illness, mental
12impairment, incompetency, condition, or disease:
13        (1) is a danger to himself, herself, or to others;
14        (2) lacks the mental capacity to manage his or her own
15    affairs;
16        (3) is not guilty in a criminal case by reason of
17    insanity, mental disease or defect;
18        (4) is incompetent to stand trial in a criminal case;
19        (5) is not guilty by reason of lack of mental
20    responsibility pursuant to Articles 50a and 72b of the
21    Uniform Code of Military Justice, 10 U.S.C. 850a, 876b.
22    "Counterfeit" means to copy or imitate, without legal
23authority, with intent to deceive.

 

 

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1    "Federally licensed firearm dealer" means a person who is
2licensed as a federal firearms dealer under Section 923 of the
3federal Gun Control Act of 1968 (18 U.S.C. 923).
4    "Firearm" means any device, by whatever name known, which
5is designed to expel a projectile or projectiles by the action
6of an explosion, expansion of gas or escape of gas; excluding,
7however:
8        (1) any pneumatic gun, spring gun, paint ball gun, or
9    B-B gun which expels a single globular projectile not
10    exceeding .18 inch in diameter or which has a maximum
11    muzzle velocity of less than 700 feet per second;
12        (1.1) any pneumatic gun, spring gun, paint ball gun, or
13    B-B gun which expels breakable paint balls containing
14    washable marking colors;
15        (2) any device used exclusively for signalling or
16    safety and required or recommended by the United States
17    Coast Guard or the Interstate Commerce Commission;
18        (3) any device used exclusively for the firing of stud
19    cartridges, explosive rivets or similar industrial
20    ammunition; and
21        (4) an antique firearm (other than a machine-gun)
22    which, although designed as a weapon, the Department of
23    State Police finds by reason of the date of its
24    manufacture, value, design, and other characteristics is
25    primarily a collector's item and is not likely to be used
26    as a weapon.

 

 

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1    "Firearm ammunition" means any self-contained cartridge or
2shotgun shell, by whatever name known, which is designed to be
3used or adaptable to use in a firearm; excluding, however:
4        (1) any ammunition exclusively designed for use with a
5    device used exclusively for signalling or safety and
6    required or recommended by the United States Coast Guard or
7    the Interstate Commerce Commission; and
8        (2) any ammunition designed exclusively for use with a
9    stud or rivet driver or other similar industrial
10    ammunition.
11    "Gun show" means an event or function:
12        (1) at which the sale and transfer of firearms is the
13    regular and normal course of business and where 50 or more
14    firearms are displayed, offered, or exhibited for sale,
15    transfer, or exchange; or
16        (2) at which not less than 10 gun show vendors display,
17    offer, or exhibit for sale, sell, transfer, or exchange
18    firearms.
19    "Gun show" includes the entire premises provided for an
20event or function, including parking areas for the event or
21function, that is sponsored to facilitate the purchase, sale,
22transfer, or exchange of firearms as described in this Section.
23    "Gun show" does not include training or safety classes,
24competitive shooting events, such as rifle, shotgun, or handgun
25matches, trap, skeet, or sporting clays shoots, dinners,
26banquets, raffles, or any other event where the sale or

 

 

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1transfer of firearms is not the primary course of business.
2    "Gun show promoter" means a person who organizes or
3operates a gun show.
4    "Gun show vendor" means a person who exhibits, sells,
5offers for sale, transfers, or exchanges any firearms at a gun
6show, regardless of whether the person arranges with a gun show
7promoter for a fixed location from which to exhibit, sell,
8offer for sale, transfer, or exchange any firearm.
9    "Mental institution" means any hospital, institution,
10clinic, evaluation facility, mental health center, or part
11thereof, which is used primarily for the care or treatment of
12persons with mental illness.
13    "Patient in a mental institution" means the person was
14admitted, either voluntarily or involuntarily, to a mental
15institution for mental health treatment, unless the treatment
16was voluntary and solely for an alcohol abuse disorder and no
17other secondary substance abuse disorder or mental illness.
18    "Sanctioned competitive shooting event" means a shooting
19contest officially recognized by a national or state shooting
20sport association, and includes any sight-in or practice
21conducted in conjunction with the event.
22    "Stun gun or taser" has the meaning ascribed to it in
23Section 24-1 of the Criminal Code of 2012 1961.
24(Source: P.A. 97-776, eff. 7-13-12.)
 
25    (430 ILCS 65/4)  (from Ch. 38, par. 83-4)

 

 

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1    Sec. 4. (a) Each applicant for a Firearm Owner's
2Identification Card must:
3        (1) Make application on blank forms prepared and
4    furnished at convenient locations throughout the State by
5    the Department of State Police, or by electronic means, if
6    and when made available by the Department of State Police;
7    and
8        (2) Submit evidence to the Department of State Police
9    that:
10            (i) He or she is 21 years of age or over, or if he
11        or she is under 21 years of age that he or she has the
12        written consent of his or her parent or legal guardian
13        to possess and acquire firearms and firearm ammunition
14        and that he or she has never been convicted of a
15        misdemeanor other than a traffic offense or adjudged
16        delinquent, provided, however, that such parent or
17        legal guardian is not an individual prohibited from
18        having a Firearm Owner's Identification Card and files
19        an affidavit with the Department as prescribed by the
20        Department stating that he or she is not an individual
21        prohibited from having a Card;
22            (ii) He or she has not been convicted of a felony
23        under the laws of this or any other jurisdiction;
24            (iii) He or she is not addicted to narcotics;
25            (iv) He or she has not been a patient in a mental
26        institution within the past 5 years and he or she has

 

 

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1        not been adjudicated as a mental defective;
2            (v) He or she is not intellectually disabled;
3            (vi) He or she is not an alien who is unlawfully
4        present in the United States under the laws of the
5        United States;
6            (vii) He or she is not subject to an existing order
7        of protection prohibiting him or her from possessing a
8        firearm;
9            (viii) He or she has not been convicted within the
10        past 5 years of battery, assault, aggravated assault,
11        violation of an order of protection, or a substantially
12        similar offense in another jurisdiction, in which a
13        firearm was used or possessed;
14            (ix) He or she has not been convicted of domestic
15        battery, aggravated domestic battery, or a
16        substantially similar offense in another jurisdiction
17        committed before, on or after January 1, 2012 (the
18        effective date of Public Act 97-158). If the applicant
19        knowingly and intelligently waives the right to have an
20        offense described in this clause (ix) tried by a jury,
21        and by guilty plea or otherwise, results in a
22        conviction for an offense in which a domestic
23        relationship is not a required element of the offense
24        but in which a determination of the applicability of 18
25        U.S.C. 922(g)(9) is made under Section 112A-11.1 of the
26        Code of Criminal Procedure of 1963, an entry by the

 

 

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1        court of a judgment of conviction for that offense
2        shall be grounds for denying the issuance of a Firearm
3        Owner's Identification Card under this Section;
4            (x) (Blank);
5            (xi) He or she is not an alien who has been
6        admitted to the United States under a non-immigrant
7        visa (as that term is defined in Section 101(a)(26) of
8        the Immigration and Nationality Act (8 U.S.C.
9        1101(a)(26))), or that he or she is an alien who has
10        been lawfully admitted to the United States under a
11        non-immigrant visa if that alien is:
12                (1) admitted to the United States for lawful
13            hunting or sporting purposes;
14                (2) an official representative of a foreign
15            government who is:
16                    (A) accredited to the United States
17                Government or the Government's mission to an
18                international organization having its
19                headquarters in the United States; or
20                    (B) en route to or from another country to
21                which that alien is accredited;
22                (3) an official of a foreign government or
23            distinguished foreign visitor who has been so
24            designated by the Department of State;
25                (4) a foreign law enforcement officer of a
26            friendly foreign government entering the United

 

 

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1            States on official business; or
2                (5) one who has received a waiver from the
3            Attorney General of the United States pursuant to
4            18 U.S.C. 922(y)(3);
5            (xii) He or she is not a minor subject to a
6        petition filed under Section 5-520 of the Juvenile
7        Court Act of 1987 alleging that the minor is a
8        delinquent minor for the commission of an offense that
9        if committed by an adult would be a felony;
10            (xiii) He or she is not an adult who had been
11        adjudicated a delinquent minor under the Juvenile
12        Court Act of 1987 for the commission of an offense that
13        if committed by an adult would be a felony; and
14            (xiv) He or she is a resident of the State of
15        Illinois; and
16            (xv) He or she has not been adjudicated as a mental
17        defective; and
18        (3) Upon request by the Department of State Police,
19    sign a release on a form prescribed by the Department of
20    State Police waiving any right to confidentiality and
21    requesting the disclosure to the Department of State Police
22    of limited mental health institution admission information
23    from another state, the District of Columbia, any other
24    territory of the United States, or a foreign nation
25    concerning the applicant for the sole purpose of
26    determining whether the applicant is or was a patient in a

 

 

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1    mental health institution and disqualified because of that
2    status from receiving a Firearm Owner's Identification
3    Card. No mental health care or treatment records may be
4    requested. The information received shall be destroyed
5    within one year of receipt.
6    (a-5) Each applicant for a Firearm Owner's Identification
7Card who is over the age of 18 shall furnish to the Department
8of State Police either his or her Illinois driver's license
9number or Illinois Identification Card number, except as
10provided in subsection (a-10).
11    (a-10) Each applicant for a Firearm Owner's Identification
12Card, who is employed as a law enforcement officer, an armed
13security officer in Illinois, or by the United States Military
14permanently assigned in Illinois and who is not an Illinois
15resident, shall furnish to the Department of State Police his
16or her driver's license number or state identification card
17number from his or her state of residence. The Department of
18State Police may promulgate rules to enforce the provisions of
19this subsection (a-10).
20    (a-15) If an applicant applying for a Firearm Owner's
21Identification Card moves from the residence address named in
22the application, he or she shall immediately notify in a form
23and manner prescribed by the Department of State Police of that
24change of address.
25    (a-20) Each applicant for a Firearm Owner's Identification
26Card shall furnish to the Department of State Police his or her

 

 

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1photograph. An applicant who is 21 years of age or older
2seeking a religious exemption to the photograph requirement
3must furnish with the application an approved copy of United
4States Department of the Treasury Internal Revenue Service Form
54029. In lieu of a photograph, an applicant regardless of age
6seeking a religious exemption to the photograph requirement
7shall submit fingerprints on a form and manner prescribed by
8the Department with his or her application.
9    (b) Each application form shall include the following
10statement printed in bold type: "Warning: Entering false
11information on an application for a Firearm Owner's
12Identification Card is punishable as a Class 2 felony in
13accordance with subsection (d-5) of Section 14 of the Firearm
14Owners Identification Card Act.".
15    (c) Upon such written consent, pursuant to Section 4,
16paragraph (a)(2)(i), the parent or legal guardian giving the
17consent shall be liable for any damages resulting from the
18applicant's use of firearms or firearm ammunition.
19(Source: P.A. 97-158, eff. 1-1-12; 97-227, eff. 1-1-12; 97-813,
20eff. 7-13-12; 97-1131, eff. 1-1-13.)
 
21    (430 ILCS 65/8)  (from Ch. 38, par. 83-8)
22    Sec. 8. The Department of State Police has authority to
23deny an application for or to revoke and seize a Firearm
24Owner's Identification Card previously issued under this Act
25only if the Department finds that the applicant or the person

 

 

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

 

 

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1    For the purposes of this Section, "mental condition" means
2a state of mind manifested by violent, suicidal, threatening or
3assaultive behavior.
4    (g) A person who is intellectually disabled;
5    (h) A person who intentionally makes a false statement in
6the Firearm Owner's Identification Card application;
7    (i) An alien who is unlawfully present in the United States
8under the laws of the United States;
9    (i-5) An alien who has been admitted to the United States
10under a non-immigrant visa (as that term is defined in Section
11101(a)(26) of the Immigration and Nationality Act (8 U.S.C.
121101(a)(26))), except that this subsection (i-5) does not apply
13to any alien who has been lawfully admitted to the United
14States under a non-immigrant visa if that alien is:
15        (1) admitted to the United States for lawful hunting or
16    sporting purposes;
17        (2) an official representative of a foreign government
18    who is:
19            (A) accredited to the United States Government or
20        the Government's mission to an international
21        organization having its headquarters in the United
22        States; or
23            (B) en route to or from another country to which
24        that alien is accredited;
25        (3) an official of a foreign government or
26    distinguished foreign visitor who has been so designated by

 

 

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1    the Department of State;
2        (4) a foreign law enforcement officer of a friendly
3    foreign government entering the United States on official
4    business; or
5        (5) one who has received a waiver from the Attorney
6    General of the United States pursuant to 18 U.S.C.
7    922(y)(3);
8    (j) (Blank);
9    (k) A person who has been convicted within the past 5 years
10of battery, assault, aggravated assault, violation of an order
11of protection, or a substantially similar offense in another
12jurisdiction, in which a firearm was used or possessed;
13    (l) A person who has been convicted of domestic battery,
14aggravated domestic battery, or a substantially similar
15offense in another jurisdiction committed before, on or after
16January 1, 2012 (the effective date of Public Act 97-158). If
17the applicant or person who has been previously issued a
18Firearm Owner's Identification Card under this Act knowingly
19and intelligently waives the right to have an offense described
20in this paragraph (l) tried by a jury, and by guilty plea or
21otherwise, results in a conviction for an offense in which a
22domestic relationship is not a required element of the offense
23but in which a determination of the applicability of 18 U.S.C.
24922(g)(9) is made under Section 112A-11.1 of the Code of
25Criminal Procedure of 1963, an entry by the court of a judgment
26of conviction for that offense shall be grounds for denying an

 

 

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1application for and for revoking and seizing a Firearm Owner's
2Identification Card previously issued to the person under this
3Act;
4    (m) (Blank);
5    (n) A person who is prohibited from acquiring or possessing
6firearms or firearm ammunition by any Illinois State statute or
7by federal law;
8    (o) A minor subject to a petition filed under Section 5-520
9of the Juvenile Court Act of 1987 alleging that the minor is a
10delinquent minor for the commission of an offense that if
11committed by an adult would be a felony;
12    (p) An adult who had been adjudicated a delinquent minor
13under the Juvenile Court Act of 1987 for the commission of an
14offense that if committed by an adult would be a felony; or
15    (q) A person who is not a resident of the State of
16Illinois, except as provided in subsection (a-10) of Section 4;
17or .
18    (r) A person who has been adjudicated as a mental
19defective.
20(Source: P.A. 96-701, eff. 1-1-10; 97-158, eff. 1-1-12; 97-227,
21eff. 1-1-12; 97-813, eff. 7-13-12; 97-1131, eff. 1-1-13.)
 
22    (430 ILCS 65/10)  (from Ch. 38, par. 83-10)
23    Sec. 10. Appeal to director; hearing; relief from firearm
24prohibitions.
25    (a) Whenever an application for a Firearm Owner's

 

 

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1Identification Card is denied, whenever the Department fails to
2act on an application within 30 days of its receipt, or
3whenever such a Card is revoked or seized as provided for in
4Section 8 of this Act, the aggrieved party may appeal to the
5Director of State Police for a hearing upon such denial,
6revocation or seizure, unless the denial, revocation, or
7seizure was based upon a forcible felony, stalking, aggravated
8stalking, domestic battery, any violation of the Illinois
9Controlled Substances Act, the Methamphetamine Control and
10Community Protection Act, or the Cannabis Control Act that is
11classified as a Class 2 or greater felony, any felony violation
12of Article 24 of the Criminal Code of 1961 or the Criminal Code
13of 2012, or any adjudication as a delinquent minor for the
14commission of an offense that if committed by an adult would be
15a felony, in which case the aggrieved party may petition the
16circuit court in writing in the county of his or her residence
17for a hearing upon such denial, revocation, or seizure.
18    (b) At least 30 days before any hearing in the circuit
19court, the petitioner shall serve the relevant State's Attorney
20with a copy of the petition. The State's Attorney may object to
21the petition and present evidence. At the hearing the court
22shall determine whether substantial justice has been done.
23Should the court determine that substantial justice has not
24been done, the court shall issue an order directing the
25Department of State Police to issue a Card. However, the court
26shall not issue the order if the petitioner is otherwise

 

 

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1prohibited from obtaining, possessing, or using a firearm under
2federal law.
3    (c) Any person prohibited from possessing a firearm under
4Sections 24-1.1 or 24-3.1 of the Criminal Code of 2012 1961 or
5acquiring a Firearm Owner's Identification Card under Section 8
6of this Act may apply to the Director of State Police or
7petition the circuit court in the county where the petitioner
8resides, whichever is applicable in accordance with subsection
9(a) of this Section, requesting relief from such prohibition
10and the Director or court may grant such relief if it is
11established by the applicant to the court's or Director's
12satisfaction that:
13        (0.05) when in the circuit court, the State's Attorney
14    has been served with a written copy of the petition at
15    least 30 days before any such hearing in the circuit court
16    and at the hearing the State's Attorney was afforded an
17    opportunity to present evidence and object to the petition;
18        (1) the applicant has not been convicted of a forcible
19    felony under the laws of this State or any other
20    jurisdiction within 20 years of the applicant's
21    application for a Firearm Owner's Identification Card, or
22    at least 20 years have passed since the end of any period
23    of imprisonment imposed in relation to that conviction;
24        (2) the circumstances regarding a criminal conviction,
25    where applicable, the applicant's criminal history and his
26    reputation are such that the applicant will not be likely

 

 

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1    to act in a manner dangerous to public safety;
2        (3) granting relief would not be contrary to the public
3    interest; and
4        (4) granting relief would not be contrary to federal
5    law.
6        (c-5) (1) An active law enforcement officer employed by
7    a unit of government, who is denied, revoked, or has his or
8    her Firearm Owner's Identification Card seized under
9    subsection (e) of Section 8 of this Act may apply to the
10    Director of State Police requesting relief if the officer
11    did not act in a manner threatening to the officer, another
12    person, or the public as determined by the treating
13    clinical psychologist or physician, and as a result of his
14    or her work is referred by the employer for or voluntarily
15    seeks mental health evaluation or treatment by a licensed
16    clinical psychologist, psychiatrist, or qualified
17    examiner, and:
18            (A) the officer has not received treatment
19        involuntarily at a mental institution, regardless of
20        the length of admission; or has not been voluntarily
21        admitted to a mental institution for more than 30 days
22        and not for more than one incident within the past 5
23        years; and
24            (B) the officer has not left the mental institution
25        against medical advice.
26        (2) The Director of State Police shall grant expedited

 

 

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1    relief to active law enforcement officers described in
2    paragraph (1) of this subsection (c-5) upon a determination
3    by the Director that the officer's possession of a firearm
4    does not present a threat to themselves, others, or public
5    safety. The Director shall act on the request for relief
6    within 30 business days of receipt of:
7            (A) a notarized statement from the officer in the
8        form prescribed by the Director detailing the
9        circumstances that led to the hospitalization;
10            (B) all documentation regarding the admission,
11        evaluation, treatment and discharge from the treating
12        licensed clinical psychologist or psychiatrist of the
13        officer;
14            (C) a psychological fitness for duty evaluation of
15        the person completed after the time of discharge; and
16            (D) written confirmation in the form prescribed by
17        the Director from the treating licensed clinical
18        psychologist or psychiatrist that the provisions set
19        forth in paragraph (1) of this subsection (c-5) have
20        been met, the person successfully completed treatment,
21        and their professional opinion regarding the person's
22        ability to possess firearms.
23        (3) Officers eligible for the expedited relief in
24    paragraph (2) of this subsection (c-5) have the burden of
25    proof on eligibility and must provide all information
26    required. The Director may not consider granting expedited

 

 

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1    relief until the proof and information is received.
2        (4) "Clinical psychologist", "psychiatrist", and
3    "qualified examiner" shall have the same meaning as
4    provided in Chapter 1 of the Mental Health and
5    Developmental Disabilities Code.
6    (d) When a minor is adjudicated delinquent for an offense
7which if committed by an adult would be a felony, the court
8shall notify the Department of State Police.
9    (e) The court shall review the denial of an application or
10the revocation of a Firearm Owner's Identification Card of a
11person who has been adjudicated delinquent for an offense that
12if committed by an adult would be a felony if an application
13for relief has been filed at least 10 years after the
14adjudication of delinquency and the court determines that the
15applicant should be granted relief from disability to obtain a
16Firearm Owner's Identification Card. If the court grants
17relief, the court shall notify the Department of State Police
18that the disability has been removed and that the applicant is
19eligible to obtain a Firearm Owner's Identification Card.
20    (f) Any person who is subject to the disabilities of 18
21U.S.C. 922(d)(4) and 922(g)(4) of the federal Gun Control Act
22of 1968 because of an adjudication or commitment that occurred
23under the laws of this State or who was determined to be
24subject to the provisions of subsections (e), (f), or (g) of
25Section 8 of this Act may apply to the Department of State
26Police requesting relief from that prohibition. The Director

 

 

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1shall grant the relief if it is established by a preponderance
2of the evidence that the person will not be likely to act in a
3manner dangerous to public safety and that granting relief
4would not be contrary to the public interest. In making this
5determination, the Director shall receive evidence concerning
6(i) the circumstances regarding the firearms disabilities from
7which relief is sought; (ii) the petitioner's mental health and
8criminal history records, if any; (iii) the petitioner's
9reputation, developed at a minimum through character witness
10statements, testimony, or other character evidence; and (iv)
11changes in the petitioner's condition or circumstances since
12the disqualifying events relevant to the relief sought. If
13relief is granted under this subsection or by order of a court
14under this Section, the Director shall as soon as practicable
15but in no case later than 15 business days, update, correct,
16modify, or remove the person's record in any database that the
17Department of State Police makes available to the National
18Instant Criminal Background Check System and notify the United
19States Attorney General that the basis for the record being
20made available no longer applies. The Department of State
21Police shall adopt rules for the administration of this
22subsection (f).
23(Source: P.A. 96-1368, eff. 7-28-10; 97-1131, eff. 1-1-13.)
 
24    Section 10. The Criminal Code of 2012 is amended by
25changing Sections 24-3 and 24-3.1 as follows:
 

 

 

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1    (720 ILCS 5/24-3)  (from Ch. 38, par. 24-3)
2    Sec. 24-3. Unlawful sale or delivery of firearms.
3    (A) A person commits the offense of unlawful sale or
4delivery of firearms when he or she knowingly does any of the
5following:
6        (a) Sells or gives any firearm of a size which may be
7    concealed upon the person to any person under 18 years of
8    age.
9        (b) Sells or gives any firearm to a person under 21
10    years of age who has been convicted of a misdemeanor other
11    than a traffic offense or adjudged delinquent.
12        (c) Sells or gives any firearm to any narcotic addict.
13        (d) Sells or gives any firearm to any person who has
14    been convicted of a felony under the laws of this or any
15    other jurisdiction.
16        (e) Sells or gives any firearm to any person who has
17    been a patient in a mental institution hospital within the
18    past 5 years. In this subsection (e):
19            "Mental institution" means any hospital,
20        institution, clinic, evaluation facility, mental
21        health center, or part thereof, which is used primarily
22        for the care or treatment of persons with mental
23        illness.
24            "Patient in a mental institution" means the person
25        was admitted, either voluntarily or involuntarily, to

 

 

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

 

 

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

 

 

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1    923 of the federal Gun Control Act of 1968 (18 U.S.C. 923).
2    In this paragraph (j):
3        A person "engaged in the business" means a person who
4    devotes time, attention, and labor to engaging in the
5    activity as a regular course of trade or business with the
6    principal objective of livelihood and profit, but does not
7    include a person who makes occasional repairs of firearms
8    or who occasionally fits special barrels, stocks, or
9    trigger mechanisms to firearms.
10        "With the principal objective of livelihood and
11    profit" means that the intent underlying the sale or
12    disposition of firearms is predominantly one of obtaining
13    livelihood and pecuniary gain, as opposed to other intents,
14    such as improving or liquidating a personal firearms
15    collection; however, proof of profit shall not be required
16    as to a person who engages in the regular and repetitive
17    purchase and disposition of firearms for criminal purposes
18    or terrorism.
19        (k) Sells or transfers ownership of a firearm to a
20    person who does not display to the seller or transferor of
21    the firearm a currently valid Firearm Owner's
22    Identification Card that has previously been issued in the
23    transferee's name by the Department of State Police under
24    the provisions of the Firearm Owners Identification Card
25    Act. This paragraph (k) does not apply to the transfer of a
26    firearm to a person who is exempt from the requirement of

 

 

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1    possessing a Firearm Owner's Identification Card under
2    Section 2 of the Firearm Owners Identification Card Act.
3    For the purposes of this Section, a currently valid Firearm
4    Owner's Identification Card means (i) a Firearm Owner's
5    Identification Card that has not expired or (ii) if the
6    transferor is licensed as a federal firearms dealer under
7    Section 923 of the federal Gun Control Act of 1968 (18
8    U.S.C. 923), an approval number issued in accordance with
9    Section 3.1 of the Firearm Owners Identification Card Act
10    shall be proof that the Firearm Owner's Identification Card
11    was valid.
12        (l) Not being entitled to the possession of a firearm,
13    delivers the firearm, knowing it to have been stolen or
14    converted. It may be inferred that a person who possesses a
15    firearm with knowledge that its serial number has been
16    removed or altered has knowledge that the firearm is stolen
17    or converted.
18    (B) Paragraph (h) of subsection (A) does not include
19firearms sold within 6 months after enactment of Public Act
2078-355 (approved August 21, 1973, effective October 1, 1973),
21nor is any firearm legally owned or possessed by any citizen or
22purchased by any citizen within 6 months after the enactment of
23Public Act 78-355 subject to confiscation or seizure under the
24provisions of that Public Act. Nothing in Public Act 78-355
25shall be construed to prohibit the gift or trade of any firearm
26if that firearm was legally held or acquired within 6 months

 

 

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

 

 

HB1237 Enrolled- 27 -LRB097 06157 RLC 46231 b

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

 

 

HB1237 Enrolled- 28 -LRB097 06157 RLC 46231 b

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

 

 

HB1237 Enrolled- 29 -LRB097 06157 RLC 46231 b

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

 

 

HB1237 Enrolled- 30 -LRB097 06157 RLC 46231 b

1    "School" means a public or private elementary or secondary
2school, community college, college, or university.
3    "School related activity" means any sporting, social,
4academic, or other activity for which students' attendance or
5participation is sponsored, organized, or funded in whole or in
6part by a school or school district.
7    (E) A prosecution for a violation of paragraph (k) of
8subsection (A) of this Section may be commenced within 6 years
9after the commission of the offense. A prosecution for a
10violation of this Section other than paragraph (g) of
11subsection (A) of this Section may be commenced within 5 years
12after the commission of the offense defined in the particular
13paragraph.
14(Source: P.A. 96-190, eff. 1-1-10; 97-227, eff. 1-1-12; 97-347,
15eff. 1-1-12; 97-813, eff. 7-13-12.)
 
16    (720 ILCS 5/24-3.1)  (from Ch. 38, par. 24-3.1)
17    Sec. 24-3.1. Unlawful possession of firearms and firearm
18ammunition.
19    (a) A person commits the offense of unlawful possession of
20firearms or firearm ammunition when:
21        (1) He is under 18 years of age and has in his
22    possession any firearm of a size which may be concealed
23    upon the person; or
24        (2) He is under 21 years of age, has been convicted of
25    a misdemeanor other than a traffic offense or adjudged

 

 

HB1237 Enrolled- 31 -LRB097 06157 RLC 46231 b

1    delinquent and has any firearms or firearm ammunition in
2    his possession; or
3        (3) He is a narcotic addict and has any firearms or
4    firearm ammunition in his possession; or
5        (4) He has been a patient in a mental institution
6    hospital within the past 5 years and has any firearms or
7    firearm ammunition in his possession. For purposes of this
8    paragraph (4):
9            "Mental institution" means any hospital,
10        institution, clinic, evaluation facility, mental
11        health center, or part thereof, which is used primarily
12        for the care or treatment of persons with mental
13        illness.
14            "Patient in a mental institution" means the person
15        was admitted, either voluntarily or involuntarily, to
16        a mental institution for mental health treatment,
17        unless the treatment was voluntary and solely for an
18        alcohol abuse disorder and no other secondary
19        substance abuse disorder or mental illness; or
20        (5) He is intellectually disabled and has any firearms
21    or firearm ammunition in his possession; or
22        (6) He has in his possession any explosive bullet.
23    For purposes of this paragraph "explosive bullet" means the
24projectile portion of an ammunition cartridge which contains or
25carries an explosive charge which will explode upon contact
26with the flesh of a human or an animal. "Cartridge" means a

 

 

HB1237 Enrolled- 32 -LRB097 06157 RLC 46231 b

1tubular metal case having a projectile affixed at the front
2thereof and a cap or primer at the rear end thereof, with the
3propellant contained in such tube between the projectile and
4the cap.
5    (b) Sentence.
6    Unlawful possession of firearms, other than handguns, and
7firearm ammunition is a Class A misdemeanor. Unlawful
8possession of handguns is a Class 4 felony. The possession of
9each firearm or firearm ammunition in violation of this Section
10constitutes a single and separate violation.
11    (c) Nothing in paragraph (1) of subsection (a) of this
12Section prohibits a person under 18 years of age from
13participating in any lawful recreational activity with a
14firearm such as, but not limited to, practice shooting at
15targets upon established public or private target ranges or
16hunting, trapping, or fishing in accordance with the Wildlife
17Code or the Fish and Aquatic Life Code.
18(Source: P.A. 97-227, eff. 1-1-12.)
 
19    Section 99. Effective date. This Act takes effect June 1,
202013.