Illinois General Assembly - Full Text of SB2635
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Full Text of SB2635  100th General Assembly

SB2635 100TH GENERAL ASSEMBLY


 


 
100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB2635

 

Introduced 2/8/2018, by Sen. Dale Fowler

 

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

    Amends the Criminal Code of 2012. Provides that the waiting period for withholding delivery of a firearm after application for its purchase has been made does not apply to the transfer of an operable firearm in exchange for another operable firearm. Effective immediately.


LRB100 17001 SLF 32149 b

 

 

A BILL FOR

 

SB2635LRB100 17001 SLF 32149 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 Criminal Code of 2012 is amended by changing
5Section 24-3 as follows:
 
6    (720 ILCS 5/24-3)  (from Ch. 38, par. 24-3)
7    Sec. 24-3. Unlawful sale or delivery of firearms.
8    (A) A person commits the offense of unlawful sale or
9delivery of firearms when he or she knowingly does any of the
10following:
11        (a) Sells or gives any firearm of a size which may be
12    concealed upon the person to any person under 18 years of
13    age.
14        (b) Sells or gives any firearm to a person under 21
15    years of age who has been convicted of a misdemeanor other
16    than a traffic offense or adjudged delinquent.
17        (c) Sells or gives any firearm to any narcotic addict.
18        (d) Sells or gives any firearm to any person who has
19    been convicted of a felony under the laws of this or any
20    other jurisdiction.
21        (e) Sells or gives any firearm to any person who has
22    been a patient in a mental institution within the past 5
23    years. In this subsection (e):

 

 

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1            "Mental institution" means any hospital,
2        institution, clinic, evaluation facility, mental
3        health center, or part thereof, which is used primarily
4        for the care or treatment of persons with mental
5        illness.
6            "Patient in a mental institution" means the person
7        was admitted, either voluntarily or involuntarily, to
8        a mental institution for mental health treatment,
9        unless the treatment was voluntary and solely for an
10        alcohol abuse disorder and no other secondary
11        substance abuse disorder or mental illness.
12        (f) Sells or gives any firearms to any person who is a
13    person with an intellectual disability.
14        (g) Delivers any firearm of a size which may be
15    concealed upon the person, incidental to a sale, without
16    withholding delivery of such firearm for at least 72 hours
17    after application for its purchase has been made, or
18    delivers any rifle, shotgun or other long gun, or a stun
19    gun or taser, incidental to a sale, without withholding
20    delivery of such rifle, shotgun or other long gun, or a
21    stun gun or taser for at least 24 hours after application
22    for its purchase has been made. However, this paragraph (g)
23    does not apply to: (1) the sale of a firearm to a law
24    enforcement officer if the seller of the firearm knows that
25    the person to whom he or she is selling the firearm is a
26    law enforcement officer or the sale of a firearm to a

 

 

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1    person who desires to purchase a firearm for use in
2    promoting the public interest incident to his or her
3    employment as a bank guard, armed truck guard, or other
4    similar employment; (2) a mail order sale of a firearm from
5    a federally licensed firearms dealer to a nonresident of
6    Illinois under which the firearm is mailed to a federally
7    licensed firearms dealer outside the boundaries of
8    Illinois; (3) the sale of a firearm to a nonresident of
9    Illinois while at a firearm showing or display recognized
10    by the Illinois Department of State Police; (4) the sale of
11    a firearm to a dealer licensed as a federal firearms dealer
12    under Section 923 of the federal Gun Control Act of 1968
13    (18 U.S.C. 923); or (5) the transfer or sale of any rifle,
14    shotgun, or other long gun to a resident registered
15    competitor or attendee or non-resident registered
16    competitor or attendee by any dealer licensed as a federal
17    firearms dealer under Section 923 of the federal Gun
18    Control Act of 1968 at competitive shooting events held at
19    the World Shooting Complex sanctioned by a national
20    governing body; or (6) the transfer of an operable firearm
21    in exchange for another operable firearm. For purposes of
22    transfers or sales under subparagraph (5) of this paragraph
23    (g), the Department of Natural Resources shall give notice
24    to the Department of State Police at least 30 calendar days
25    prior to any competitive shooting events at the World
26    Shooting Complex sanctioned by a national governing body.

 

 

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1    The notification shall be made on a form prescribed by the
2    Department of State Police. The sanctioning body shall
3    provide a list of all registered competitors and attendees
4    at least 24 hours before the events to the Department of
5    State Police. Any changes to the list of registered
6    competitors and attendees shall be forwarded to the
7    Department of State Police as soon as practicable. The
8    Department of State Police must destroy the list of
9    registered competitors and attendees no later than 30 days
10    after the date of the event. Nothing in this paragraph (g)
11    relieves a federally licensed firearm dealer from the
12    requirements of conducting a NICS background check through
13    the Illinois Point of Contact under 18 U.S.C. 922(t). For
14    purposes of this paragraph (g): , "application" means when
15    the buyer and seller reach an agreement to purchase a
16    firearm; and "another operable firearm" means any operable
17    handgun in exchange for any operable handgun or any
18    operable long gun in exchange for any operable long gun.
19    For purposes of this paragraph (g), "national governing
20    body" means a group of persons who adopt rules and
21    formulate policy on behalf of a national firearm sporting
22    organization.
23        (h) While holding any license as a dealer, importer,
24    manufacturer or pawnbroker under the federal Gun Control
25    Act of 1968, manufactures, sells or delivers to any
26    unlicensed person a handgun having a barrel, slide, frame

 

 

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

 

 

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

 

 

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1    that the Firearm Owner's Identification Card was valid.
2            (1) In addition to the other requirements of this
3        paragraph (k), all persons who are not federally
4        licensed firearms dealers must also have complied with
5        subsection (a-10) of Section 3 of the Firearm Owners
6        Identification Card Act by determining the validity of
7        a purchaser's Firearm Owner's Identification Card.
8            (2) All sellers or transferors who have complied
9        with the requirements of subparagraph (1) of this
10        paragraph (k) shall not be liable for damages in any
11        civil action arising from the use or misuse by the
12        transferee of the firearm transferred, except for
13        willful or wanton misconduct on the part of the seller
14        or transferor.
15        (l) Not being entitled to the possession of a firearm,
16    delivers the firearm, knowing it to have been stolen or
17    converted. It may be inferred that a person who possesses a
18    firearm with knowledge that its serial number has been
19    removed or altered has knowledge that the firearm is stolen
20    or converted.
21    (B) Paragraph (h) of subsection (A) does not include
22firearms sold within 6 months after enactment of Public Act
2378-355 (approved August 21, 1973, effective October 1, 1973),
24nor is any firearm legally owned or possessed by any citizen or
25purchased by any citizen within 6 months after the enactment of
26Public Act 78-355 subject to confiscation or seizure under the

 

 

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1provisions of that Public Act. Nothing in Public Act 78-355
2shall be construed to prohibit the gift or trade of any firearm
3if that firearm was legally held or acquired within 6 months
4after the enactment of that Public Act.
5    (C) Sentence.
6        (1) Any person convicted of unlawful sale or delivery
7    of firearms in violation of paragraph (c), (e), (f), (g),
8    or (h) of subsection (A) commits a Class 4 felony.
9        (2) Any person convicted of unlawful sale or delivery
10    of firearms in violation of paragraph (b) or (i) of
11    subsection (A) commits a Class 3 felony.
12        (3) Any person convicted of unlawful sale or delivery
13    of firearms in violation of paragraph (a) of subsection (A)
14    commits a Class 2 felony.
15        (4) Any person convicted of unlawful sale or delivery
16    of firearms in violation of paragraph (a), (b), or (i) of
17    subsection (A) in any school, on the real property
18    comprising a school, within 1,000 feet of the real property
19    comprising a school, at a school related activity, or on or
20    within 1,000 feet of any conveyance owned, leased, or
21    contracted by a school or school district to transport
22    students to or from school or a school related activity,
23    regardless of the time of day or time of year at which the
24    offense was committed, commits a Class 1 felony. Any person
25    convicted of a second or subsequent violation of unlawful
26    sale or delivery of firearms in violation of paragraph (a),

 

 

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

 

 

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

 

 

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

 

 

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1    for which he or she shall be sentenced to a term of
2    imprisonment of not less than 6 years and not more than 60
3    years if the delivery is of 31 or more firearms at the same
4    time or within a 5 year period.
5    (D) For purposes of this Section:
6    "School" means a public or private elementary or secondary
7school, community college, college, or university.
8    "School related activity" means any sporting, social,
9academic, or other activity for which students' attendance or
10participation is sponsored, organized, or funded in whole or in
11part by a school or school district.
12    (E) A prosecution for a violation of paragraph (k) of
13subsection (A) of this Section may be commenced within 6 years
14after the commission of the offense. A prosecution for a
15violation of this Section other than paragraph (g) of
16subsection (A) of this Section may be commenced within 5 years
17after the commission of the offense defined in the particular
18paragraph.
19(Source: P.A. 98-508, eff. 8-19-13; 99-29, eff. 7-10-15;
2099-143, eff. 7-27-15; 99-642, eff. 7-28-16.)
 
21    Section 99. Effective date. This Act takes effect upon
22becoming law.