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Full Text of HB1237  97th General Assembly

HB1237sam006 97TH GENERAL ASSEMBLY

Sen. Antonio Muņoz

Filed: 1/2/2013

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 1237

2    AMENDMENT NO. ______. Amend House Bill 1237 by replacing
3everything after the enacting clause with the following:
 
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

 

 

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1    insanity, mental disease or defect;
2        (4) is incompetent to stand trial in a criminal case;
3        (5) is not guilty by reason of lack of mental
4    responsibility pursuant to Articles 50a and 72b of the
5    Uniform Code of Military Justice, 10 U.S.C. 850a, 876b.
6    "Counterfeit" means to copy or imitate, without legal
7authority, with intent to deceive.
8    "Federally licensed firearm dealer" means a person who is
9licensed as a federal firearms dealer under Section 923 of the
10federal Gun Control Act of 1968 (18 U.S.C. 923).
11    "Firearm" means any device, by whatever name known, which
12is designed to expel a projectile or projectiles by the action
13of an explosion, expansion of gas or escape of gas; excluding,
14however:
15        (1) any pneumatic gun, spring gun, paint ball gun, or
16    B-B gun which expels a single globular projectile not
17    exceeding .18 inch in diameter or which has a maximum
18    muzzle velocity of less than 700 feet per second;
19        (1.1) any pneumatic gun, spring gun, paint ball gun, or
20    B-B gun which expels breakable paint balls containing
21    washable marking colors;
22        (2) any device used exclusively for signalling or
23    safety and required or recommended by the United States
24    Coast Guard or the Interstate Commerce Commission;
25        (3) any device used exclusively for the firing of stud
26    cartridges, explosive rivets or similar industrial

 

 

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1    ammunition; and
2        (4) an antique firearm (other than a machine-gun)
3    which, although designed as a weapon, the Department of
4    State Police finds by reason of the date of its
5    manufacture, value, design, and other characteristics is
6    primarily a collector's item and is not likely to be used
7    as a weapon.
8    "Firearm ammunition" means any self-contained cartridge or
9shotgun shell, by whatever name known, which is designed to be
10used or adaptable to use in a firearm; excluding, however:
11        (1) any ammunition exclusively designed for use with a
12    device used exclusively for signalling or safety and
13    required or recommended by the United States Coast Guard or
14    the Interstate Commerce Commission; and
15        (2) any ammunition designed exclusively for use with a
16    stud or rivet driver or other similar industrial
17    ammunition.
18    "Gun show" means an event or function:
19        (1) at which the sale and transfer of firearms is the
20    regular and normal course of business and where 50 or more
21    firearms are displayed, offered, or exhibited for sale,
22    transfer, or exchange; or
23        (2) at which not less than 10 gun show vendors display,
24    offer, or exhibit for sale, sell, transfer, or exchange
25    firearms.
26    "Gun show" includes the entire premises provided for an

 

 

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1event or function, including parking areas for the event or
2function, that is sponsored to facilitate the purchase, sale,
3transfer, or exchange of firearms as described in this Section.
4    "Gun show" does not include training or safety classes,
5competitive shooting events, such as rifle, shotgun, or handgun
6matches, trap, skeet, or sporting clays shoots, dinners,
7banquets, raffles, or any other event where the sale or
8transfer of firearms is not the primary course of business.
9    "Gun show promoter" means a person who organizes or
10operates a gun show.
11    "Gun show vendor" means a person who exhibits, sells,
12offers for sale, transfers, or exchanges any firearms at a gun
13show, regardless of whether the person arranges with a gun show
14promoter for a fixed location from which to exhibit, sell,
15offer for sale, transfer, or exchange any firearm.
16    "Mental institution" means any hospital, institution,
17clinic, evaluation facility, mental health center, or part
18thereof, which is used primarily for the care or treatment of
19persons with mental illness.
20    "Patient in a mental institution" means the person was
21admitted, either voluntarily or involuntarily, to a mental
22institution for mental health treatment, unless the treatment
23was voluntary and solely for an alcohol abuse disorder and no
24other secondary substance abuse disorder or mental illness.
25    "Sanctioned competitive shooting event" means a shooting
26contest officially recognized by a national or state shooting

 

 

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1sport association, and includes any sight-in or practice
2conducted in conjunction with the event.
3    "Stun gun or taser" has the meaning ascribed to it in
4Section 24-1 of the Criminal Code of 2012 1961.
5(Source: P.A. 97-776, eff. 7-13-12.)
 
6    (430 ILCS 65/4)  (from Ch. 38, par. 83-4)
7    Sec. 4. (a) Each applicant for a Firearm Owner's
8Identification Card must:
9        (1) Make application on blank forms prepared and
10    furnished at convenient locations throughout the State by
11    the Department of State Police, or by electronic means, if
12    and when made available by the Department of State Police;
13    and
14        (2) Submit evidence to the Department of State Police
15    that:
16            (i) He or she is 21 years of age or over, or if he
17        or she is under 21 years of age that he or she has the
18        written consent of his or her parent or legal guardian
19        to possess and acquire firearms and firearm ammunition
20        and that he or she has never been convicted of a
21        misdemeanor other than a traffic offense or adjudged
22        delinquent, provided, however, that such parent or
23        legal guardian is not an individual prohibited from
24        having a Firearm Owner's Identification Card and files
25        an affidavit with the Department as prescribed by the

 

 

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1        Department stating that he or she is not an individual
2        prohibited from having a Card;
3            (ii) He or she has not been convicted of a felony
4        under the laws of this or any other jurisdiction;
5            (iii) He or she is not addicted to narcotics;
6            (iv) He or she has not been a patient in a mental
7        institution within the past 5 years and he or she has
8        not been adjudicated as a mental defective;
9            (v) He or she is not intellectually disabled;
10            (vi) He or she is not an alien who is unlawfully
11        present in the United States under the laws of the
12        United States;
13            (vii) He or she is not subject to an existing order
14        of protection prohibiting him or her from possessing a
15        firearm;
16            (viii) He or she has not been convicted within the
17        past 5 years of battery, assault, aggravated assault,
18        violation of an order of protection, or a substantially
19        similar offense in another jurisdiction, in which a
20        firearm was used or possessed;
21            (ix) He or she has not been convicted of domestic
22        battery, aggravated domestic battery, or a
23        substantially similar offense in another jurisdiction
24        committed before, on or after January 1, 2012 (the
25        effective date of Public Act 97-158). If the applicant
26        knowingly and intelligently waives the right to have an

 

 

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1        offense described in this clause (ix) tried by a jury,
2        and by guilty plea or otherwise, results in a
3        conviction for an offense in which a domestic
4        relationship is not a required element of the offense
5        but in which a determination of the applicability of 18
6        U.S.C. 922(g)(9) is made under Section 112A-11.1 of the
7        Code of Criminal Procedure of 1963, an entry by the
8        court of a judgment of conviction for that offense
9        shall be grounds for denying the issuance of a Firearm
10        Owner's Identification Card under this Section;
11            (x) (Blank);
12            (xi) He or she is not an alien who has been
13        admitted to the United States under a non-immigrant
14        visa (as that term is defined in Section 101(a)(26) of
15        the Immigration and Nationality Act (8 U.S.C.
16        1101(a)(26))), or that he or she is an alien who has
17        been lawfully admitted to the United States under a
18        non-immigrant visa if that alien is:
19                (1) admitted to the United States for lawful
20            hunting or sporting purposes;
21                (2) an official representative of a foreign
22            government who is:
23                    (A) accredited to the United States
24                Government or the Government's mission to an
25                international organization having its
26                headquarters in the United States; or

 

 

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1                    (B) en route to or from another country to
2                which that alien is accredited;
3                (3) an official of a foreign government or
4            distinguished foreign visitor who has been so
5            designated by the Department of State;
6                (4) a foreign law enforcement officer of a
7            friendly foreign government entering the United
8            States on official business; or
9                (5) one who has received a waiver from the
10            Attorney General of the United States pursuant to
11            18 U.S.C. 922(y)(3);
12            (xii) He or she is not a minor subject to a
13        petition filed under Section 5-520 of the Juvenile
14        Court Act of 1987 alleging that the minor is a
15        delinquent minor for the commission of an offense that
16        if committed by an adult would be a felony;
17            (xiii) He or she is not an adult who had been
18        adjudicated a delinquent minor under the Juvenile
19        Court Act of 1987 for the commission of an offense that
20        if committed by an adult would be a felony; and
21            (xiv) He or she is a resident of the State of
22        Illinois; and
23            (xv) He or she has not been adjudicated as a mental
24        defective; and
25        (3) Upon request by the Department of State Police,
26    sign a release on a form prescribed by the Department of

 

 

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1    State Police waiving any right to confidentiality and
2    requesting the disclosure to the Department of State Police
3    of limited mental health institution admission information
4    from another state, the District of Columbia, any other
5    territory of the United States, or a foreign nation
6    concerning the applicant for the sole purpose of
7    determining whether the applicant is or was a patient in a
8    mental health institution and disqualified because of that
9    status from receiving a Firearm Owner's Identification
10    Card. No mental health care or treatment records may be
11    requested. The information received shall be destroyed
12    within one year of receipt.
13    (a-5) Each applicant for a Firearm Owner's Identification
14Card who is over the age of 18 shall furnish to the Department
15of State Police either his or her Illinois driver's license
16number or Illinois Identification Card number, except as
17provided in subsection (a-10).
18    (a-10) Each applicant for a Firearm Owner's Identification
19Card, who is employed as a law enforcement officer, an armed
20security officer in Illinois, or by the United States Military
21permanently assigned in Illinois and who is not an Illinois
22resident, shall furnish to the Department of State Police his
23or her driver's license number or state identification card
24number from his or her state of residence. The Department of
25State Police may promulgate rules to enforce the provisions of
26this subsection (a-10).

 

 

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1    (a-15) If an applicant applying for a Firearm Owner's
2Identification Card moves from the residence address named in
3the application, he or she shall immediately notify in a form
4and manner prescribed by the Department of State Police of that
5change of address.
6    (a-20) Each applicant for a Firearm Owner's Identification
7Card shall furnish to the Department of State Police his or her
8photograph. An applicant who is 21 years of age or older
9seeking a religious exemption to the photograph requirement
10must furnish with the application an approved copy of United
11States Department of the Treasury Internal Revenue Service Form
124029. In lieu of a photograph, an applicant regardless of age
13seeking a religious exemption to the photograph requirement
14shall submit fingerprints on a form and manner prescribed by
15the Department with his or her application.
16    (b) Each application form shall include the following
17statement printed in bold type: "Warning: Entering false
18information on an application for a Firearm Owner's
19Identification Card is punishable as a Class 2 felony in
20accordance with subsection (d-5) of Section 14 of the Firearm
21Owners Identification Card Act.".
22    (c) Upon such written consent, pursuant to Section 4,
23paragraph (a)(2)(i), the parent or legal guardian giving the
24consent shall be liable for any damages resulting from the
25applicant's use of firearms or firearm ammunition.
26(Source: P.A. 97-158, eff. 1-1-12; 97-227, eff. 1-1-12; 97-813,

 

 

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1eff. 7-13-12; 97-1131, eff. 1-1-13.)
 
2    (430 ILCS 65/8)  (from Ch. 38, par. 83-8)
3    Sec. 8. The Department of State Police has authority to
4deny an application for or to revoke and seize a Firearm
5Owner's Identification Card previously issued under this Act
6only if the Department finds that the applicant or the person
7to whom such card was issued is or was at the time of issuance:
8    (a) A person under 21 years of age who has been convicted
9of a misdemeanor other than a traffic offense or adjudged
10delinquent;
11    (b) A person under 21 years of age who does not have the
12written consent of his parent or guardian to acquire and
13possess firearms and firearm ammunition, or whose parent or
14guardian has revoked such written consent, or where such parent
15or guardian does not qualify to have a Firearm Owner's
16Identification Card;
17    (c) A person convicted of a felony under the laws of this
18or any other jurisdiction;
19    (d) A person addicted to narcotics;
20    (e) A person who has been a patient of a mental institution
21within the past 5 years. An active law enforcement officer
22employed by a unit of government who is denied, revoked, or has
23his or her Firearm Owner's Identification Card seized under
24this subsection (e) may obtain relief as described in
25subsection (c-5) of Section 10 of this Act if the officer did

 

 

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1not act in a manner threatening to the officer, another person,
2or the public as determined by the treating clinical
3psychologist or physician, and the officer seeks mental health
4treatment or has been adjudicated as a mental defective;
5    (f) A person whose mental condition is of such a nature
6that it poses a clear and present danger to the applicant, any
7other person or persons or the community;
8    For the purposes of this Section, "mental condition" means
9a state of mind manifested by violent, suicidal, threatening or
10assaultive behavior.
11    (g) A person who is intellectually disabled;
12    (h) A person who intentionally makes a false statement in
13the Firearm Owner's Identification Card application;
14    (i) An alien who is unlawfully present in the United States
15under the laws of the United States;
16    (i-5) An alien who has been admitted to the United States
17under a non-immigrant visa (as that term is defined in Section
18101(a)(26) of the Immigration and Nationality Act (8 U.S.C.
191101(a)(26))), except that this subsection (i-5) does not apply
20to any alien who has been lawfully admitted to the United
21States under a non-immigrant visa if that alien is:
22        (1) admitted to the United States for lawful hunting or
23    sporting purposes;
24        (2) an official representative of a foreign government
25    who is:
26            (A) accredited to the United States Government or

 

 

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1        the Government's mission to an international
2        organization having its headquarters in the United
3        States; or
4            (B) en route to or from another country to which
5        that alien is accredited;
6        (3) an official of a foreign government or
7    distinguished foreign visitor who has been so designated by
8    the Department of State;
9        (4) a foreign law enforcement officer of a friendly
10    foreign government entering the United States on official
11    business; or
12        (5) one who has received a waiver from the Attorney
13    General of the United States pursuant to 18 U.S.C.
14    922(y)(3);
15    (j) (Blank);
16    (k) A person who has been convicted within the past 5 years
17of battery, assault, aggravated assault, violation of an order
18of protection, or a substantially similar offense in another
19jurisdiction, in which a firearm was used or possessed;
20    (l) A person who has been convicted of domestic battery,
21aggravated domestic battery, or a substantially similar
22offense in another jurisdiction committed before, on or after
23January 1, 2012 (the effective date of Public Act 97-158). If
24the applicant or person who has been previously issued a
25Firearm Owner's Identification Card under this Act knowingly
26and intelligently waives the right to have an offense described

 

 

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1in this paragraph (l) tried by a jury, and by guilty plea or
2otherwise, results in a conviction for an offense in which a
3domestic relationship is not a required element of the offense
4but in which a determination of the applicability of 18 U.S.C.
5922(g)(9) is made under Section 112A-11.1 of the Code of
6Criminal Procedure of 1963, an entry by the court of a judgment
7of conviction for that offense shall be grounds for denying an
8application for and for revoking and seizing a Firearm Owner's
9Identification Card previously issued to the person under this
10Act;
11    (m) (Blank);
12    (n) A person who is prohibited from acquiring or possessing
13firearms or firearm ammunition by any Illinois State statute or
14by federal law;
15    (o) A minor subject to a petition filed under Section 5-520
16of the Juvenile Court Act of 1987 alleging that the minor is a
17delinquent minor for the commission of an offense that if
18committed by an adult would be a felony;
19    (p) An adult who had been adjudicated a delinquent minor
20under the Juvenile Court Act of 1987 for the commission of an
21offense that if committed by an adult would be a felony; or
22    (q) A person who is not a resident of the State of
23Illinois, except as provided in subsection (a-10) of Section 4;
24or .
25    (r) A person who has been adjudicated as a mental
26defective.

 

 

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1(Source: P.A. 96-701, eff. 1-1-10; 97-158, eff. 1-1-12; 97-227,
2eff. 1-1-12; 97-813, eff. 7-13-12; 97-1131, eff. 1-1-13.)
 
3    (430 ILCS 65/10)  (from Ch. 38, par. 83-10)
4    Sec. 10. Appeal to director; hearing; relief from firearm
5prohibitions.
6    (a) Whenever an application for a Firearm Owner's
7Identification Card is denied, whenever the Department fails to
8act on an application within 30 days of its receipt, or
9whenever such a Card is revoked or seized as provided for in
10Section 8 of this Act, the aggrieved party may appeal to the
11Director of State Police for a hearing upon such denial,
12revocation or seizure, unless the denial, revocation, or
13seizure was based upon a forcible felony, stalking, aggravated
14stalking, domestic battery, any violation of the Illinois
15Controlled Substances Act, the Methamphetamine Control and
16Community Protection Act, or the Cannabis Control Act that is
17classified as a Class 2 or greater felony, any felony violation
18of Article 24 of the Criminal Code of 1961 or the Criminal Code
19of 2012, or any adjudication as a delinquent minor for the
20commission of an offense that if committed by an adult would be
21a felony, in which case the aggrieved party may petition the
22circuit court in writing in the county of his or her residence
23for a hearing upon such denial, revocation, or seizure.
24    (b) At least 30 days before any hearing in the circuit
25court, the petitioner shall serve the relevant State's Attorney

 

 

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1with a copy of the petition. The State's Attorney may object to
2the petition and present evidence. At the hearing the court
3shall determine whether substantial justice has been done.
4Should the court determine that substantial justice has not
5been done, the court shall issue an order directing the
6Department of State Police to issue a Card. However, the court
7shall not issue the order if the petitioner is otherwise
8prohibited from obtaining, possessing, or using a firearm under
9federal law.
10    (c) Any person prohibited from possessing a firearm under
11Sections 24-1.1 or 24-3.1 of the Criminal Code of 2012 1961 or
12acquiring a Firearm Owner's Identification Card under Section 8
13of this Act may apply to the Director of State Police or
14petition the circuit court in the county where the petitioner
15resides, whichever is applicable in accordance with subsection
16(a) of this Section, requesting relief from such prohibition
17and the Director or court may grant such relief if it is
18established by the applicant to the court's or Director's
19satisfaction that:
20        (0.05) when in the circuit court, the State's Attorney
21    has been served with a written copy of the petition at
22    least 30 days before any such hearing in the circuit court
23    and at the hearing the State's Attorney was afforded an
24    opportunity to present evidence and object to the petition;
25        (1) the applicant has not been convicted of a forcible
26    felony under the laws of this State or any other

 

 

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1    jurisdiction within 20 years of the applicant's
2    application for a Firearm Owner's Identification Card, or
3    at least 20 years have passed since the end of any period
4    of imprisonment imposed in relation to that conviction;
5        (2) the circumstances regarding a criminal conviction,
6    where applicable, the applicant's criminal history and his
7    reputation are such that the applicant will not be likely
8    to act in a manner dangerous to public safety;
9        (3) granting relief would not be contrary to the public
10    interest; and
11        (4) granting relief would not be contrary to federal
12    law.
13        (c-5) (1) An active law enforcement officer employed by
14    a unit of government, who is denied, revoked, or has his or
15    her Firearm Owner's Identification Card seized under
16    subsection (e) of Section 8 of this Act may apply to the
17    Director of State Police requesting relief if the officer
18    did not act in a manner threatening to the officer, another
19    person, or the public as determined by the treating
20    clinical psychologist or physician, and as a result of his
21    or her work is referred by the employer for or voluntarily
22    seeks mental health evaluation or treatment by a licensed
23    clinical psychologist, psychiatrist, or qualified
24    examiner, and:
25            (A) the officer has not received treatment
26        involuntarily at a mental institution, regardless of

 

 

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1        the length of admission; or has not been voluntarily
2        admitted to a mental institution for more than 30 days
3        and not for more than one incident within the past 5
4        years; and
5            (B) the officer has not left the mental institution
6        against medical advice.
7        (2) The Director of State Police shall grant expedited
8    relief to active law enforcement officers described in
9    paragraph (1) of this subsection (c-5) upon a determination
10    by the Director that the officer's possession of a firearm
11    does not present a threat to themselves, others, or public
12    safety. The Director shall act on the request for relief
13    within 30 business days of receipt of:
14            (A) a notarized statement from the officer in the
15        form prescribed by the Director detailing the
16        circumstances that led to the hospitalization;
17            (B) all documentation regarding the admission,
18        evaluation, treatment and discharge from the treating
19        licensed clinical psychologist or psychiatrist of the
20        officer;
21            (C) a psychological fitness for duty evaluation of
22        the person completed after the time of discharge; and
23            (D) written confirmation in the form prescribed by
24        the Director from the treating licensed clinical
25        psychologist or psychiatrist that the provisions set
26        forth in paragraph (1) of this subsection (c-5) have

 

 

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1        been met, the person successfully completed treatment,
2        and their professional opinion regarding the person's
3        ability to possess firearms.
4        (3) Officers eligible for the expedited relief in
5    paragraph (2) of this subsection (c-5) have the burden of
6    proof on eligibility and must provide all information
7    required. The Director may not consider granting expedited
8    relief until the proof and information is received.
9        (4) "Clinical psychologist", "psychiatrist", and
10    "qualified examiner" shall have the same meaning as
11    provided in Chapter 1 of the Mental Health and
12    Developmental Disabilities Code.
13    (d) When a minor is adjudicated delinquent for an offense
14which if committed by an adult would be a felony, the court
15shall notify the Department of State Police.
16    (e) The court shall review the denial of an application or
17the revocation of a Firearm Owner's Identification Card of a
18person who has been adjudicated delinquent for an offense that
19if committed by an adult would be a felony if an application
20for relief has been filed at least 10 years after the
21adjudication of delinquency and the court determines that the
22applicant should be granted relief from disability to obtain a
23Firearm Owner's Identification Card. If the court grants
24relief, the court shall notify the Department of State Police
25that the disability has been removed and that the applicant is
26eligible to obtain a Firearm Owner's Identification Card.

 

 

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1    (f) Any person who is subject to the disabilities of 18
2U.S.C. 922(d)(4) and 922(g)(4) of the federal Gun Control Act
3of 1968 because of an adjudication or commitment that occurred
4under the laws of this State or who was determined to be
5subject to the provisions of subsections (e), (f), or (g) of
6Section 8 of this Act may apply to the Department of State
7Police requesting relief from that prohibition. The Director
8shall grant the relief if it is established by a preponderance
9of the evidence that the person will not be likely to act in a
10manner dangerous to public safety and that granting relief
11would not be contrary to the public interest. In making this
12determination, the Director shall receive evidence concerning
13(i) the circumstances regarding the firearms disabilities from
14which relief is sought; (ii) the petitioner's mental health and
15criminal history records, if any; (iii) the petitioner's
16reputation, developed at a minimum through character witness
17statements, testimony, or other character evidence; and (iv)
18changes in the petitioner's condition or circumstances since
19the disqualifying events relevant to the relief sought. If
20relief is granted under this subsection or by order of a court
21under this Section, the Director shall as soon as practicable
22but in no case later than 15 business days, update, correct,
23modify, or remove the person's record in any database that the
24Department of State Police makes available to the National
25Instant Criminal Background Check System and notify the United
26States Attorney General that the basis for the record being

 

 

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1made available no longer applies. The Department of State
2Police shall adopt rules for the administration of this
3subsection (f).
4(Source: P.A. 96-1368, eff. 7-28-10; 97-1131, eff. 1-1-13.)
 
5    Section 10. The Criminal Code of 2012 is amended by
6changing Sections 24-3 and 24-3.1 as follows:
 
7    (720 ILCS 5/24-3)  (from Ch. 38, par. 24-3)
8    Sec. 24-3. Unlawful sale or delivery of firearms.
9    (A) A person commits the offense of unlawful sale or
10delivery of firearms when he or she knowingly does any of the
11following:
12        (a) Sells or gives any firearm of a size which may be
13    concealed upon the person to any person under 18 years of
14    age.
15        (b) Sells or gives any firearm to a person under 21
16    years of age who has been convicted of a misdemeanor other
17    than a traffic offense or adjudged delinquent.
18        (c) Sells or gives any firearm to any narcotic addict.
19        (d) Sells or gives any firearm to any person who has
20    been convicted of a felony under the laws of this or any
21    other jurisdiction.
22        (e) Sells or gives any firearm to any person who has
23    been a patient in a mental institution hospital within the
24    past 5 years. In this subsection (e):

 

 

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1            "Mental institution" means any hospital,
2        institution, clinic, evaluation facility, mental
3        health center, or part thereof, which is used primarily
4        for the care or treatment of persons with mental
5        illness.
6            "Patient in a mental institution" means the person
7        was admitted, either voluntarily or involuntarily, to
8        a mental institution for mental health treatment,
9        unless the treatment was voluntary and solely for an
10        alcohol abuse disorder and no other secondary
11        substance abuse disorder or mental illness.
12        (f) Sells or gives any firearms to any person who is
13    intellectually disabled.
14        (g) Delivers any firearm of a size which may be
15    concealed upon the person, incidental to a sale, without
16    withholding delivery of such firearm for at least 72 hours
17    after application 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 to a
5    nonresident of Illinois under which the firearm is mailed
6    to a point outside the boundaries of Illinois; (3) the sale
7    of a firearm to a nonresident of Illinois while at a
8    firearm showing or display recognized by the Illinois
9    Department of State Police; or (4) the sale of a firearm to
10    a dealer licensed as a federal firearms dealer under
11    Section 923 of the federal Gun Control Act of 1968 (18
12    U.S.C. 923). For purposes of this paragraph (g),
13    "application" means when the buyer and seller reach an
14    agreement to purchase a firearm.
15        (h) While holding any license as a dealer, importer,
16    manufacturer or pawnbroker under the federal Gun Control
17    Act of 1968, manufactures, sells or delivers to any
18    unlicensed person a handgun having a barrel, slide, frame
19    or receiver which is a die casting of zinc alloy or any
20    other nonhomogeneous metal which will melt or deform at a
21    temperature of less than 800 degrees Fahrenheit. For
22    purposes of this paragraph, (1) "firearm" is defined as in
23    the Firearm Owners Identification Card Act; and (2)
24    "handgun" is defined as a firearm designed to be held and
25    fired by the use of a single hand, and includes a
26    combination of parts from which such a firearm can be

 

 

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

 

 

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1    person who does not display to the seller or transferor of
2    the firearm a currently valid Firearm Owner's
3    Identification Card that has previously been issued in the
4    transferee's name by the Department of State Police under
5    the provisions of the Firearm Owners Identification Card
6    Act. This paragraph (k) does not apply to the transfer of a
7    firearm to a person who is exempt from the requirement of
8    possessing a Firearm Owner's Identification Card under
9    Section 2 of the Firearm Owners Identification Card Act.
10    For the purposes of this Section, a currently valid Firearm
11    Owner's Identification Card means (i) a Firearm Owner's
12    Identification Card that has not expired or (ii) if the
13    transferor is licensed as a federal firearms dealer under
14    Section 923 of the federal Gun Control Act of 1968 (18
15    U.S.C. 923), an approval number issued in accordance with
16    Section 3.1 of the Firearm Owners Identification Card Act
17    shall be proof that the Firearm Owner's Identification Card
18    was valid.
19        (l) Not being entitled to the possession of a firearm,
20    delivers the firearm, knowing it to have been stolen or
21    converted. It may be inferred that a person who possesses a
22    firearm with knowledge that its serial number has been
23    removed or altered has knowledge that the firearm is stolen
24    or converted.
25    (B) Paragraph (h) of subsection (A) does not include
26firearms sold within 6 months after enactment of Public Act

 

 

09700HB1237sam006- 26 -LRB097 06157 RLC 73025 a

178-355 (approved August 21, 1973, effective October 1, 1973),
2nor is any firearm legally owned or possessed by any citizen or
3purchased by any citizen within 6 months after the enactment of
4Public Act 78-355 subject to confiscation or seizure under the
5provisions of that Public Act. Nothing in Public Act 78-355
6shall be construed to prohibit the gift or trade of any firearm
7if that firearm was legally held or acquired within 6 months
8after the enactment of that Public Act.
9    (C) Sentence.
10        (1) Any person convicted of unlawful sale or delivery
11    of firearms in violation of paragraph (c), (e), (f), (g),
12    or (h) of subsection (A) commits a Class 4 felony.
13        (2) Any person convicted of unlawful sale or delivery
14    of firearms in violation of paragraph (b) or (i) of
15    subsection (A) commits a Class 3 felony.
16        (3) Any person convicted of unlawful sale or delivery
17    of firearms in violation of paragraph (a) of subsection (A)
18    commits a Class 2 felony.
19        (4) Any person convicted of unlawful sale or delivery
20    of firearms in violation of paragraph (a), (b), or (i) of
21    subsection (A) in any school, on the real property
22    comprising a school, within 1,000 feet of the real property
23    comprising a school, at a school related activity, or on or
24    within 1,000 feet of any conveyance owned, leased, or
25    contracted by a school or school district to transport
26    students to or from school or a school related activity,

 

 

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

 

 

09700HB1237sam006- 28 -LRB097 06157 RLC 73025 a

1    public park, courthouse, or residential property owned,
2    operated, or managed by a public housing agency or leased
3    by a public housing agency as part of a scattered site or
4    mixed-income development commits a Class 2 felony.
5        (6) Any person convicted of unlawful sale or delivery
6    of firearms in violation of paragraph (j) of subsection (A)
7    commits a Class A misdemeanor. A second or subsequent
8    violation is a Class 4 felony.
9        (7) Any person convicted of unlawful sale or delivery
10    of firearms in violation of paragraph (k) of subsection (A)
11    commits a Class 4 felony. A third or subsequent conviction
12    for a violation of paragraph (k) of subsection (A) is a
13    Class 1 felony.
14        (8) A person 18 years of age or older convicted of
15    unlawful sale or delivery of firearms in violation of
16    paragraph (a) or (i) of subsection (A), when the firearm
17    that was sold or given to another person under 18 years of
18    age was used in the commission of or attempt to commit a
19    forcible felony, shall be fined or imprisoned, or both, not
20    to exceed the maximum provided for the most serious
21    forcible felony so committed or attempted by the person
22    under 18 years of age who was sold or given the firearm.
23        (9) Any person convicted of unlawful sale or delivery
24    of firearms in violation of paragraph (d) of subsection (A)
25    commits a Class 3 felony.
26        (10) Any person convicted of unlawful sale or delivery

 

 

09700HB1237sam006- 29 -LRB097 06157 RLC 73025 a

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

 

 

09700HB1237sam006- 30 -LRB097 06157 RLC 73025 a

1    of unlawful sale or delivery of firearms in violation of
2    paragraph (l) of subsection (A) commits a Class X felony
3    for which he or she shall be sentenced to a term of
4    imprisonment of not less than 6 years and not more than 60
5    years if the delivery is of 31 or more firearms at the same
6    time or within a 5 year period.
7    (D) For purposes of this Section:
8    "School" means a public or private elementary or secondary
9school, community college, college, or university.
10    "School related activity" means any sporting, social,
11academic, or other activity for which students' attendance or
12participation is sponsored, organized, or funded in whole or in
13part by a school or school district.
14    (E) A prosecution for a violation of paragraph (k) of
15subsection (A) of this Section may be commenced within 6 years
16after the commission of the offense. A prosecution for a
17violation of this Section other than paragraph (g) of
18subsection (A) of this Section may be commenced within 5 years
19after the commission of the offense defined in the particular
20paragraph.
21(Source: P.A. 96-190, eff. 1-1-10; 97-227, eff. 1-1-12; 97-347,
22eff. 1-1-12; 97-813, eff. 7-13-12.)
 
23    (720 ILCS 5/24-3.1)  (from Ch. 38, par. 24-3.1)
24    Sec. 24-3.1. Unlawful possession of firearms and firearm
25ammunition.

 

 

09700HB1237sam006- 31 -LRB097 06157 RLC 73025 a

1    (a) A person commits the offense of unlawful possession of
2firearms or firearm ammunition when:
3        (1) He is under 18 years of age and has in his
4    possession any firearm of a size which may be concealed
5    upon the person; or
6        (2) He is under 21 years of age, has been convicted of
7    a misdemeanor other than a traffic offense or adjudged
8    delinquent and has any firearms or firearm ammunition in
9    his possession; or
10        (3) He is a narcotic addict and has any firearms or
11    firearm ammunition in his possession; or
12        (4) He has been a patient in a mental institution
13    hospital within the past 5 years and has any firearms or
14    firearm ammunition in his possession. For purposes of this
15    paragraph (4):
16            "Mental institution" means any hospital,
17        institution, clinic, evaluation facility, mental
18        health center, or part thereof, which is used primarily
19        for the care or treatment of persons with mental
20        illness.
21            "Patient in a mental institution" means the person
22        was admitted, either voluntarily or involuntarily, to
23        a mental institution for mental health treatment,
24        unless the treatment was voluntary and solely for an
25        alcohol abuse disorder and no other secondary
26        substance abuse disorder or mental illness; or

 

 

09700HB1237sam006- 32 -LRB097 06157 RLC 73025 a

1        (5) He is intellectually disabled and has any firearms
2    or firearm ammunition in his possession; or
3        (6) He has in his possession any explosive bullet.
4    For purposes of this paragraph "explosive bullet" means the
5projectile portion of an ammunition cartridge which contains or
6carries an explosive charge which will explode upon contact
7with the flesh of a human or an animal. "Cartridge" means a
8tubular metal case having a projectile affixed at the front
9thereof and a cap or primer at the rear end thereof, with the
10propellant contained in such tube between the projectile and
11the cap.
12    (b) Sentence.
13    Unlawful possession of firearms, other than handguns, and
14firearm ammunition is a Class A misdemeanor. Unlawful
15possession of handguns is a Class 4 felony. The possession of
16each firearm or firearm ammunition in violation of this Section
17constitutes a single and separate violation.
18    (c) Nothing in paragraph (1) of subsection (a) of this
19Section prohibits a person under 18 years of age from
20participating in any lawful recreational activity with a
21firearm such as, but not limited to, practice shooting at
22targets upon established public or private target ranges or
23hunting, trapping, or fishing in accordance with the Wildlife
24Code or the Fish and Aquatic Life Code.
25(Source: P.A. 97-227, eff. 1-1-12.)
 

 

 

09700HB1237sam006- 33 -LRB097 06157 RLC 73025 a

1    Section 99. Effective date. This Act takes effect June 1,
22013.".