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

HB1189enr 98TH GENERAL ASSEMBLY

  
  
  

 


 
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1    AN ACT concerning criminal law, which may be referred to as
2the Gun Safety and Responsibility Act.
 
3    Be it enacted by the People of the State of Illinois,
4represented in the General Assembly:
 
5    Section 5. The Firearm Owners Identification Card Act is
6amended by changing Sections 3, 3.3, and 8 as follows:
 
7    (430 ILCS 65/3)  (from Ch. 38, par. 83-3)
8    Sec. 3. (a) Except as provided in Section 3a, no person may
9knowingly transfer, or cause to be transferred, any firearm,
10firearm ammunition, stun gun, or taser to any person within
11this State unless the transferee with whom he deals displays a
12currently valid Firearm Owner's Identification Card which has
13previously been issued in his name by the Department of State
14Police under the provisions of this Act. In addition, all
15firearm, stun gun, and taser transfers by federally licensed
16firearm dealers are subject to Section 3.1.
17    (a-5) Any person who is not a federally licensed firearm
18dealer and who desires to transfer or sell a firearm while that
19person is on the grounds of a gun show must, before selling or
20transferring the firearm, request the Department of State
21Police to conduct a background check on the prospective
22recipient of the firearm in accordance with Section 3.1.
23    (a-10) Any person who is not a federally licensed firearm

 

 

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1dealer and who desires to transfer or sell a firearm or
2firearms to any person who is not a federally licensed firearm
3dealer shall, before selling or transferring the firearms,
4contact the Department of State Police with the transferee's or
5purchaser's Firearm Owner's Identification Card number to
6determine the validity of the transferee's or purchaser's
7Firearm Owner's Identification Card. This subsection shall not
8be effective until January 1, 2014. The Department of State
9Police may adopt rules concerning the implementation of this
10subsection. The Department of State Police shall provide the
11seller or transferor an approval number if the purchaser's
12Firearm Owner's Identification Card is valid. Approvals issued
13by the Department for the purchase of a firearm pursuant to
14this subsection are valid for 30 days from the date of issue.
15    (a-15) The provisions of subsection (a-10) of this Section
16do not apply to:
17        (1) transfers that occur at the place of business of a
18    federally licensed firearm dealer, if the federally
19    licensed firearm dealer conducts a background check on the
20    prospective recipient of the firearm in accordance with
21    Section 3.1 of this Act and follows all other applicable
22    federal, State, and local laws as if he or she were the
23    seller or transferor of the firearm, although the dealer is
24    not required to accept the firearm into his or her
25    inventory. The purchaser or transferee may be required by
26    the federally licensed firearm dealer to pay a fee not to

 

 

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1    exceed $10 per firearm, which the dealer may retain as
2    compensation for performing the functions required under
3    this paragraph, plus the applicable fees authorized by
4    Section 3.1;
5        (2) transfers as a bona fide gift to the transferor's
6    husband, wife, son, daughter, stepson, stepdaughter,
7    father, mother, stepfather, stepmother, brother, sister,
8    nephew, niece, uncle, aunt, grandfather, grandmother,
9    grandson, granddaughter, father-in-law, mother-in-law,
10    son-in-law, or daughter-in-law;
11        (3) transfers by persons acting pursuant to operation
12    of law or a court order;
13        (4) transfers on the grounds of a gun show under
14    subsection (a-5) of this Section;
15        (5) the delivery of a firearm by its owner to a
16    gunsmith for service or repair, the return of the firearm
17    to its owner by the gunsmith, or the delivery of a firearm
18    by a gunsmith to a federally licensed firearms dealer for
19    service or repair and the return of the firearm to the
20    gunsmith;
21        (6) temporary transfers that occur while in the home of
22    the unlicensed transferee, if the unlicensed transferee is
23    not otherwise prohibited from possessing firearms and the
24    unlicensed transferee reasonably believes that possession
25    of the firearm is necessary to prevent imminent death or
26    great bodily harm to the unlicensed transferee;

 

 

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1        (7) transfers to a law enforcement or corrections
2    agency or a law enforcement or corrections officer acting
3    within the course and scope of his or her official duties;
4        (8) transfers of firearms that have been rendered
5    permanently inoperable to a nonprofit historical society,
6    museum, or institutional collection; and
7        (9) transfers to a person who is exempt from the
8    requirement of possessing a Firearm Owner's Identification
9    Card under Section 2 of this Act.
10    (a-20) The Department of State Police shall develop an
11Internet-based system for individuals to determine the
12validity of a Firearm Owner's Identification Card prior to the
13sale or transfer of a firearm. The Department shall have the
14Internet-based system completed and available for use by July
151, 2015. The Department shall adopt rules not inconsistent with
16this Section to implement this system.
17    (b) Any person within this State who transfers or causes to
18be transferred any firearm, stun gun, or taser shall keep a
19record of such transfer for a period of 10 years from the date
20of transfer. Such record shall contain the date of the
21transfer; the description, serial number or other information
22identifying the firearm, stun gun, or taser if no serial number
23is available; and, if the transfer was completed within this
24State, the transferee's Firearm Owner's Identification Card
25number and any approval number or documentation provided by the
26Department of State Police pursuant to subsection (a-10) of

 

 

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1this Section. On or after January 1, 2006, the record shall
2contain the date of application for transfer of the firearm. On
3demand of a peace officer such transferor shall produce for
4inspection such record of transfer. If the transfer or sale
5took place at a gun show, the record shall include the unique
6identification number. Failure to record the unique
7identification number or approval number is a petty offense.
8    (b-5) Any resident may purchase ammunition from a person
9within or outside of Illinois if shipment is by United States
10mail or by a private express carrier authorized by federal law
11to ship ammunition. Any resident purchasing ammunition within
12or outside the State of Illinois must provide the seller with a
13copy of his or her valid Firearm Owner's Identification Card
14and either his or her Illinois driver's license or Illinois
15State Identification Card prior to the shipment of the
16ammunition. The ammunition may be shipped only to an address on
17either of those 2 documents.
18    (c) The provisions of this Section regarding the transfer
19of firearm ammunition shall not apply to those persons
20specified in paragraph (b) of Section 2 of this Act.
21(Source: P.A. 97-1135, eff. 12-4-12.)
 
22    (430 ILCS 65/3.3)
23    Sec. 3.3. Report to the local law enforcement agency. The
24Department of State Police must report the name and address of
25a person to the local law enforcement agency where the person

 

 

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1resides if the person attempting to purchase a firearm is
2disqualified from purchasing a firearm because of information
3obtained under subsection (a-10) of Section 3 or Section 3.1
4that would disqualify the person from obtaining a Firearm
5Owner's Identification Card under any of subsections (c)
6through (n) of Section 8 of this Act.
7(Source: P.A. 94-125, eff. 1-1-06.)
 
8    (430 ILCS 65/8)  (from Ch. 38, par. 83-8)
9    (Text of Section before amendment by P.A. 97-1167)
10    Sec. 8. Grounds for denial and revocation.
11    The Department of State Police has authority to deny an
12application for or to revoke and seize a Firearm Owner's
13Identification Card previously issued under this Act only if
14the Department finds that the applicant or the person to whom
15such card was issued is or was at the time of issuance:
16        (a) A person under 21 years of age who has been
17    convicted of a misdemeanor other than a traffic offense or
18    adjudged delinquent;
19        (b) A person under 21 years of age who does not have
20    the written consent of his parent or guardian to acquire
21    and possess firearms and firearm ammunition, or whose
22    parent or guardian has revoked such written consent, or
23    where such parent or guardian does not qualify to have a
24    Firearm Owner's Identification Card;
25        (c) A person convicted of a felony under the laws of

 

 

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1    this or any other jurisdiction;
2        (d) A person addicted to narcotics;
3        (e) A person who has been a patient of a mental
4    institution within the past 5 years. An active law
5    enforcement officer employed by a unit of government who is
6    denied, revoked, or has his or her Firearm Owner's
7    Identification Card seized under this subsection (e) may
8    obtain relief as described in subsection (c-5) of Section
9    10 of this Act if the officer did not act in a manner
10    threatening to the officer, another person, or the public
11    as determined by the treating clinical psychologist or
12    physician, and the officer seeks mental health treatment or
13    has been adjudicated as a mental defective;
14        (f) A person whose mental condition is of such a nature
15    that it poses a clear and present danger to the applicant,
16    any other person or persons or the community;
17        For the purposes of this Section, "mental condition"
18    means a state of mind manifested by violent, suicidal,
19    threatening or assaultive behavior.
20        (g) A person who is intellectually disabled;
21        (h) A person who intentionally makes a false statement
22    in the Firearm Owner's Identification Card application;
23        (i) An alien who is unlawfully present in the United
24    States under the laws of the United States;
25        (i-5) An alien who has been admitted to the United
26    States under a non-immigrant visa (as that term is defined

 

 

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1    in Section 101(a)(26) of the Immigration and Nationality
2    Act (8 U.S.C. 1101(a)(26))), except that this subsection
3    (i-5) does not apply to any alien who has been lawfully
4    admitted to the United States under a non-immigrant visa if
5    that alien is:
6        (1) admitted to the United States for lawful hunting or
7        sporting purposes;
8        (2) an official representative of a foreign government
9        who is:
10            (A) accredited to the United States Government or
11            the Government's mission to an international
12            organization having its headquarters in the United
13            States; or
14            (B) en route to or from another country to which
15            that alien is accredited;
16        (3) an official of a foreign government or
17        distinguished foreign visitor who has been so
18        designated by the Department of State;
19        (4) a foreign law enforcement officer of a friendly
20        foreign government entering the United States on
21        official business; or
22        (5) one who has received a waiver from the Attorney
23        General of the United States pursuant to 18 U.S.C.
24        922(y)(3);
25        (j) (Blank);
26        (k) A person who has been convicted within the past 5

 

 

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1    years of battery, assault, aggravated assault, violation
2    of an order of protection, or a substantially similar
3    offense in another jurisdiction, in which a firearm was
4    used or possessed;
5        (l) A person who has been convicted of domestic
6    battery, aggravated domestic battery, or a substantially
7    similar offense in another jurisdiction committed before,
8    on or after January 1, 2012 (the effective date of Public
9    Act 97-158). If the applicant or person who has been
10    previously issued a Firearm Owner's Identification Card
11    under this Act knowingly and intelligently waives the right
12    to have an offense described in this paragraph (l) tried by
13    a jury, and by guilty plea or otherwise, results in a
14    conviction for an offense in which a domestic relationship
15    is not a required element of the offense but in which a
16    determination of the applicability of 18 U.S.C. 922(g)(9)
17    is made under Section 112A-11.1 of the Code of Criminal
18    Procedure of 1963, an entry by the court of a judgment of
19    conviction for that offense shall be grounds for denying an
20    application for and for revoking and seizing a Firearm
21    Owner's Identification Card previously issued to the
22    person under this Act;
23        (m) (Blank);
24        (n) A person who is prohibited from acquiring or
25    possessing firearms or firearm ammunition by any Illinois
26    State statute or by federal law;

 

 

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1        (o) A minor subject to a petition filed under Section
2    5-520 of the Juvenile Court Act of 1987 alleging that the
3    minor is a delinquent minor for the commission of an
4    offense that if committed by an adult would be a felony;
5        (p) An adult who had been adjudicated a delinquent
6    minor under the Juvenile Court Act of 1987 for the
7    commission of an offense that if committed by an adult
8    would be a felony; or
9        (q) A person who is not a resident of the State of
10    Illinois, except as provided in subsection (a-10) of
11    Section 4.
12(Source: P.A. 96-701, eff. 1-1-10; 97-158, eff. 1-1-12; 97-227,
13eff. 1-1-12; 97-813, eff. 7-13-12; 97-1131, eff. 1-1-13.)
 
14    (Text of Section after amendment by P.A. 97-1167)
15    Sec. 8. Grounds for denial and revocation.
16    The Department of State Police has authority to deny an
17application for or to revoke and seize a Firearm Owner's
18Identification Card previously issued under this Act only if
19the Department finds that the applicant or the person to whom
20such card was issued is or was at the time of issuance:
21        (a) A person under 21 years of age who has been
22    convicted of a misdemeanor other than a traffic offense or
23    adjudged delinquent;
24        (b) A person under 21 years of age who does not have
25    the written consent of his parent or guardian to acquire

 

 

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1    and possess firearms and firearm ammunition, or whose
2    parent or guardian has revoked such written consent, or
3    where such parent or guardian does not qualify to have a
4    Firearm Owner's Identification Card;
5        (c) A person convicted of a felony under the laws of
6    this or any other jurisdiction;
7        (d) A person addicted to narcotics;
8        (e) A person who has been a patient of a mental
9    institution within the past 5 years. An active law
10    enforcement officer employed by a unit of government who is
11    denied, revoked, or has his or her Firearm Owner's
12    Identification Card seized under this subsection (e) may
13    obtain relief as described in subsection (c-5) of Section
14    10 of this Act if the officer did not act in a manner
15    threatening to the officer, another person, or the public
16    as determined by the treating clinical psychologist or
17    physician, and the officer seeks mental health treatment;
18        (f) A person whose mental condition is of such a nature
19    that it poses a clear and present danger to the applicant,
20    any other person or persons or the community;
21        For the purposes of this Section, "mental condition"
22    means a state of mind manifested by violent, suicidal,
23    threatening or assaultive behavior.
24        (g) A person who is intellectually disabled;
25        (h) A person who intentionally makes a false statement
26    in the Firearm Owner's Identification Card application;

 

 

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1        (i) An alien who is unlawfully present in the United
2    States under the laws of the United States;
3        (i-5) An alien who has been admitted to the United
4    States under a non-immigrant visa (as that term is defined
5    in Section 101(a)(26) of the Immigration and Nationality
6    Act (8 U.S.C. 1101(a)(26))), except that this subsection
7    (i-5) does not apply to any alien who has been lawfully
8    admitted to the United States under a non-immigrant visa if
9    that alien is:
10        (1) admitted to the United States for lawful hunting or
11        sporting purposes;
12        (2) an official representative of a foreign government
13        who is:
14            (A) accredited to the United States Government or
15            the Government's mission to an international
16            organization having its headquarters in the United
17            States; or
18            (B) en route to or from another country to which
19            that alien is accredited;
20        (3) an official of a foreign government or
21        distinguished foreign visitor who has been so
22        designated by the Department of State;
23        (4) a foreign law enforcement officer of a friendly
24        foreign government entering the United States on
25        official business; or
26        (5) one who has received a waiver from the Attorney

 

 

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

 

 

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1        (m) (Blank);
2        (n) A person who is prohibited from acquiring or
3    possessing firearms or firearm ammunition by any Illinois
4    State statute or by federal law;
5        (o) A minor subject to a petition filed under Section
6    5-520 of the Juvenile Court Act of 1987 alleging that the
7    minor is a delinquent minor for the commission of an
8    offense that if committed by an adult would be a felony;
9        (p) An adult who had been adjudicated a delinquent
10    minor under the Juvenile Court Act of 1987 for the
11    commission of an offense that if committed by an adult
12    would be a felony;
13        (q) A person who is not a resident of the State of
14    Illinois, except as provided in subsection (a-10) of
15    Section 4; or
16        (r) A person who has been adjudicated as a mental
17    defective.
18(Source: P.A. 96-701, eff. 1-1-10; 97-158, eff. 1-1-12; 97-227,
19eff. 1-1-12; 97-813, eff. 7-13-12; 97-1131, eff. 1-1-13;
2097-1167, eff. 6-1-13.)
 
21    Section 10. The Criminal Code of 2012 is amended by
22changing Section 24-3 and adding Section 24-4.1 as follows:
 
23    (720 ILCS 5/24-3)  (from Ch. 38, par. 24-3)
24    (Text of Section before amendment by P.A. 97-1167)

 

 

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1    Sec. 24-3. Unlawful sale or delivery of firearms.
2    (A) A person commits the offense of unlawful sale or
3delivery of firearms when he or she knowingly does any of the
4following:
5        (a) Sells or gives any firearm of a size which may be
6    concealed upon the person to any person under 18 years of
7    age.
8        (b) Sells or gives any firearm to a person under 21
9    years of age who has been convicted of a misdemeanor other
10    than a traffic offense or adjudged delinquent.
11        (c) Sells or gives any firearm to any narcotic addict.
12        (d) Sells or gives any firearm to any person who has
13    been convicted of a felony under the laws of this or any
14    other jurisdiction.
15        (e) Sells or gives any firearm to any person who has
16    been a patient in a mental hospital within the past 5
17    years.
18        (f) Sells or gives any firearms to any person who is
19    intellectually disabled.
20        (g) Delivers any firearm of a size which may be
21    concealed upon the person, incidental to a sale, without
22    withholding delivery of such firearm for at least 72 hours
23    after application for its purchase has been made, or
24    delivers any rifle, shotgun or other long gun, or a stun
25    gun or taser, incidental to a sale, without withholding
26    delivery of such rifle, shotgun or other long gun, or a

 

 

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1    stun gun or taser for at least 24 hours after application
2    for its purchase has been made. However, this paragraph (g)
3    does not apply to: (1) the sale of a firearm to a law
4    enforcement officer if the seller of the firearm knows that
5    the person to whom he or she is selling the firearm is a
6    law enforcement officer or the sale of a firearm to a
7    person who desires to purchase a firearm for use in
8    promoting the public interest incident to his or her
9    employment as a bank guard, armed truck guard, or other
10    similar employment; (2) a mail order sale of a firearm to a
11    nonresident of Illinois under which the firearm is mailed
12    to a point outside the boundaries of Illinois; (3) the sale
13    of a firearm to a nonresident of Illinois while at a
14    firearm showing or display recognized by the Illinois
15    Department of State Police; or (4) the sale of a firearm to
16    a dealer licensed as a federal firearms dealer under
17    Section 923 of the federal Gun Control Act of 1968 (18
18    U.S.C. 923). For purposes of this paragraph (g),
19    "application" means when the buyer and seller reach an
20    agreement to purchase a firearm.
21        (h) While holding any license as a dealer, importer,
22    manufacturer or pawnbroker under the federal Gun Control
23    Act of 1968, manufactures, sells or delivers to any
24    unlicensed person a handgun having a barrel, slide, frame
25    or receiver which is a die casting of zinc alloy or any
26    other nonhomogeneous metal which will melt or deform at a

 

 

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1    temperature of less than 800 degrees Fahrenheit. For
2    purposes of this paragraph, (1) "firearm" is defined as in
3    the Firearm Owners Identification Card Act; and (2)
4    "handgun" is defined as a firearm designed to be held and
5    fired by the use of a single hand, and includes a
6    combination of parts from which such a firearm can be
7    assembled.
8        (i) Sells or gives a firearm of any size to any person
9    under 18 years of age who does not possess a valid Firearm
10    Owner's Identification Card.
11        (j) Sells or gives a firearm while engaged in the
12    business of selling firearms at wholesale or retail without
13    being licensed as a federal firearms dealer under Section
14    923 of the federal Gun Control Act of 1968 (18 U.S.C. 923).
15    In this paragraph (j):
16        A person "engaged in the business" means a person who
17    devotes time, attention, and labor to engaging in the
18    activity as a regular course of trade or business with the
19    principal objective of livelihood and profit, but does not
20    include a person who makes occasional repairs of firearms
21    or who occasionally fits special barrels, stocks, or
22    trigger mechanisms to firearms.
23        "With the principal objective of livelihood and
24    profit" means that the intent underlying the sale or
25    disposition of firearms is predominantly one of obtaining
26    livelihood and pecuniary gain, as opposed to other intents,

 

 

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1    such as improving or liquidating a personal firearms
2    collection; however, proof of profit shall not be required
3    as to a person who engages in the regular and repetitive
4    purchase and disposition of firearms for criminal purposes
5    or terrorism.
6        (k) Sells or transfers ownership of a firearm to a
7    person who does not display to the seller or transferor of
8    the firearm a currently valid Firearm Owner's
9    Identification Card that has previously been issued in the
10    transferee's name by the Department of State Police under
11    the provisions of the Firearm Owners Identification Card
12    Act. This paragraph (k) does not apply to the transfer of a
13    firearm to a person who is exempt from the requirement of
14    possessing a Firearm Owner's Identification Card under
15    Section 2 of the Firearm Owners Identification Card Act.
16    For the purposes of this Section, a currently valid Firearm
17    Owner's Identification Card means (i) a Firearm Owner's
18    Identification Card that has not expired or (ii) if the
19    transferor is licensed as a federal firearms dealer under
20    Section 923 of the federal Gun Control Act of 1968 (18
21    U.S.C. 923), an approval number issued in accordance with
22    subsection (a-10) of Section 3 or Section 3.1 of the
23    Firearm Owners Identification Card Act shall be proof that
24    the Firearm Owner's Identification Card was valid.
25            (1) In addition to the other requirements of this
26        paragraph (k), all persons who are not federally

 

 

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1        licensed firearms dealers must also have complied with
2        subsection (a-10) of Section 3 of the Firearm Owners
3        Identification Card Act by determining the validity of
4        a purchaser's Firearm Owner's Identification Card.
5            (2) All sellers or transferors who have complied
6        with the requirements of subparagraph (1) of this
7        paragraph (k) shall not be liable for damages in any
8        civil action arising from the use or misuse by the
9        transferee of the firearm transferred, except for
10        willful or wanton misconduct on the part of the seller
11        or transferor.
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,

 

 

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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

 

 

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

 

 

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

 

 

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1    time or within a 5 year period.
2    (D) For purposes of this Section:
3    "School" means a public or private elementary or secondary
4school, community college, college, or university.
5    "School related activity" means any sporting, social,
6academic, or other activity for which students' attendance or
7participation is sponsored, organized, or funded in whole or in
8part by a school or school district.
9    (E) A prosecution for a violation of paragraph (k) of
10subsection (A) of this Section may be commenced within 6 years
11after the commission of the offense. A prosecution for a
12violation of this Section other than paragraph (g) of
13subsection (A) of this Section may be commenced within 5 years
14after the commission of the offense defined in the particular
15paragraph.
16(Source: P.A. 96-190, eff. 1-1-10; 97-227, eff. 1-1-12; 97-347,
17eff. 1-1-12; 97-813, eff. 7-13-12.)
 
18    (Text of Section after amendment by P.A. 97-1167)
19    Sec. 24-3. Unlawful sale or delivery of firearms.
20    (A) A person commits the offense of unlawful sale or
21delivery of firearms when he or she knowingly does any of the
22following:
23        (a) Sells or gives any firearm of a size which may be
24    concealed upon the person to any person under 18 years of
25    age.

 

 

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1        (b) Sells or gives any firearm to a person under 21
2    years of age who has been convicted of a misdemeanor other
3    than a traffic offense or adjudged delinquent.
4        (c) Sells or gives any firearm to any narcotic addict.
5        (d) Sells or gives any firearm to any person who has
6    been convicted of a felony under the laws of this or any
7    other jurisdiction.
8        (e) Sells or gives any firearm to any person who has
9    been a patient in a mental institution within the past 5
10    years. In this subsection (e):
11            "Mental institution" means any hospital,
12        institution, clinic, evaluation facility, mental
13        health center, or part thereof, which is used primarily
14        for the care or treatment of persons with mental
15        illness.
16            "Patient in a mental institution" means the person
17        was admitted, either voluntarily or involuntarily, to
18        a mental institution for mental health treatment,
19        unless the treatment was voluntary and solely for an
20        alcohol abuse disorder and no other secondary
21        substance abuse disorder or mental illness.
22        (f) Sells or gives any firearms to any person who is
23    intellectually disabled.
24        (g) Delivers any firearm of a size which may be
25    concealed upon the person, incidental to a sale, without
26    withholding delivery of such firearm for at least 72 hours

 

 

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1    after application for its purchase has been made, or
2    delivers any rifle, shotgun or other long gun, or a stun
3    gun or taser, incidental to a sale, without withholding
4    delivery of such rifle, shotgun or other long gun, or a
5    stun gun or taser for at least 24 hours after application
6    for its purchase has been made. However, this paragraph (g)
7    does not apply to: (1) the sale of a firearm to a law
8    enforcement officer if the seller of the firearm knows that
9    the person to whom he or she is selling the firearm is a
10    law enforcement officer or the sale of a firearm to a
11    person who desires to purchase a firearm for use in
12    promoting the public interest incident to his or her
13    employment as a bank guard, armed truck guard, or other
14    similar employment; (2) a mail order sale of a firearm to a
15    nonresident of Illinois under which the firearm is mailed
16    to a point outside the boundaries of Illinois; (3) the sale
17    of a firearm to a nonresident of Illinois while at a
18    firearm showing or display recognized by the Illinois
19    Department of State Police; or (4) the sale of a firearm to
20    a dealer licensed as a federal firearms dealer under
21    Section 923 of the federal Gun Control Act of 1968 (18
22    U.S.C. 923). For purposes of this paragraph (g),
23    "application" means when the buyer and seller reach an
24    agreement to purchase a firearm.
25        (h) While holding any license as a dealer, importer,
26    manufacturer or pawnbroker under the federal Gun Control

 

 

HB1189 Enrolled- 27 -LRB098 02638 RLC 32643 b

1    Act of 1968, manufactures, sells or delivers to any
2    unlicensed person a handgun having a barrel, slide, frame
3    or receiver which is a die casting of zinc alloy or any
4    other nonhomogeneous metal which will melt or deform at a
5    temperature of less than 800 degrees Fahrenheit. For
6    purposes of this paragraph, (1) "firearm" is defined as in
7    the Firearm Owners Identification Card Act; and (2)
8    "handgun" is defined as a firearm designed to be held and
9    fired by the use of a single hand, and includes a
10    combination of parts from which such a firearm can be
11    assembled.
12        (i) Sells or gives a firearm of any size to any person
13    under 18 years of age who does not possess a valid Firearm
14    Owner's Identification Card.
15        (j) Sells or gives a firearm while engaged in the
16    business of selling firearms at wholesale or retail without
17    being licensed as a federal firearms dealer under Section
18    923 of the federal Gun Control Act of 1968 (18 U.S.C. 923).
19    In this paragraph (j):
20        A person "engaged in the business" means a person who
21    devotes time, attention, and labor to engaging in the
22    activity as a regular course of trade or business with the
23    principal objective of livelihood and profit, but does not
24    include a person who makes occasional repairs of firearms
25    or who occasionally fits special barrels, stocks, or
26    trigger mechanisms to firearms.

 

 

HB1189 Enrolled- 28 -LRB098 02638 RLC 32643 b

1        "With the principal objective of livelihood and
2    profit" means that the intent underlying the sale or
3    disposition of firearms is predominantly one of obtaining
4    livelihood and pecuniary gain, as opposed to other intents,
5    such as improving or liquidating a personal firearms
6    collection; however, proof of profit shall not be required
7    as to a person who engages in the regular and repetitive
8    purchase and disposition of firearms for criminal purposes
9    or terrorism.
10        (k) Sells or transfers ownership of a firearm to a
11    person who does not display to the seller or transferor of
12    the firearm a currently valid Firearm Owner's
13    Identification Card that has previously been issued in the
14    transferee's name by the Department of State Police under
15    the provisions of the Firearm Owners Identification Card
16    Act. This paragraph (k) does not apply to the transfer of a
17    firearm to a person who is exempt from the requirement of
18    possessing a Firearm Owner's Identification Card under
19    Section 2 of the Firearm Owners Identification Card Act.
20    For the purposes of this Section, a currently valid Firearm
21    Owner's Identification Card means (i) a Firearm Owner's
22    Identification Card that has not expired or (ii) if the
23    transferor is licensed as a federal firearms dealer under
24    Section 923 of the federal Gun Control Act of 1968 (18
25    U.S.C. 923), an approval number issued in accordance with
26    subsection (a-10) of subsection 3 or Section 3.1 of the

 

 

HB1189 Enrolled- 29 -LRB098 02638 RLC 32643 b

1    Firearm Owners Identification Card Act shall be proof that
2    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
23firearms sold within 6 months after enactment of Public Act
2478-355 (approved August 21, 1973, effective October 1, 1973),
25nor is any firearm legally owned or possessed by any citizen or
26purchased by any citizen within 6 months after the enactment of

 

 

HB1189 Enrolled- 30 -LRB098 02638 RLC 32643 b

1Public Act 78-355 subject to confiscation or seizure under the
2provisions of that Public Act. Nothing in Public Act 78-355
3shall be construed to prohibit the gift or trade of any firearm
4if that firearm was legally held or acquired within 6 months
5after 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 4 felony.
10        (2) Any person convicted of unlawful sale or delivery
11    of firearms in violation of paragraph (b) or (i) of
12    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

 

 

HB1189 Enrolled- 31 -LRB098 02638 RLC 32643 b

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

 

 

HB1189 Enrolled- 32 -LRB098 02638 RLC 32643 b

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)

 

 

HB1189 Enrolled- 33 -LRB098 02638 RLC 32643 b

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

 

 

HB1189 Enrolled- 34 -LRB098 02638 RLC 32643 b

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
8school, community college, college, or university.
9    "School related activity" means any sporting, social,
10academic, or other activity for which students' attendance or
11participation is sponsored, organized, or funded in whole or in
12part by a school or school district.
13    (E) A prosecution for a violation of paragraph (k) of
14subsection (A) of this Section may be commenced within 6 years
15after the commission of the offense. A prosecution for a
16violation of this Section other than paragraph (g) of
17subsection (A) of this Section may be commenced within 5 years
18after the commission of the offense defined in the particular
19paragraph.
20(Source: P.A. 96-190, eff. 1-1-10; 97-227, eff. 1-1-12; 97-347,
21eff. 1-1-12; 97-813, eff. 7-13-12; 97-1167, eff. 6-1-13.)
 
22    (720 ILCS 5/24-4.1 new)
23    Sec. 24-4.1. Report of lost or stolen firearms.
24    (a) If a person who possesses a valid Firearm Owner's
25Identification Card and who possesses or acquires a firearm

 

 

HB1189 Enrolled- 35 -LRB098 02638 RLC 32643 b

1thereafter loses the firearm, or if the firearm is stolen from
2the person, the person must report the loss or theft to the
3local law enforcement agency within 72 hours after obtaining
4knowledge of the loss or theft.
5    (b) A law enforcement agency having jurisdiction shall take
6a written report and shall, as soon as practical, enter the
7firearm's serial number as stolen into the Law Enforcement
8Agencies Data System (LEADS).
9    (c) A person shall not be in violation of this Section if:
10        (1) the failure to report is due to an act of God, act
11    of war, or inability of a law enforcement agency to receive
12    the report;
13        (2) the person is hospitalized, in a coma, or is
14    otherwise seriously physically or mentally impaired as to
15    prevent the person from reporting; or
16        (3) the person's designee makes a report if the person
17    is unable to make the report.
18    (d) Sentence. A person who violates this Section is guilty
19of a petty offense for a first violation. A second or
20subsequent violation of this Section is a Class A misdemeanor.
 
21    Section 95. No acceleration or delay. Where this Act makes
22changes in a statute that is represented in this Act by text
23that is not yet or no longer in effect (for example, a Section
24represented by multiple versions), the use of that text does
25not accelerate or delay the taking effect of (i) the changes

 

 

HB1189 Enrolled- 36 -LRB098 02638 RLC 32643 b

1made by this Act or (ii) provisions derived from any other
2Public Act.
 
3    Section 99. Effective date. This Act takes effect upon
4becoming law.