HB1470ham001 100TH GENERAL ASSEMBLY

Rep. Luis Arroyo

Filed: 4/12/2018

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 1470

2    AMENDMENT NO. ______. Amend House Bill 1470 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Criminal Code of 2012 is amended by
5changing Section 24-3 and adding Section 24-3.1A as follows:
 
6    (720 ILCS 5/24-3)  (from Ch. 38, par. 24-3)
7    Sec. 24-3. Unlawful transfer sale or delivery of firearms.
8    (A) A person commits the offense of unlawful transfer sale
9or delivery of firearms when he or she knowingly does any of
10the following:
11        (a) Transfers or possesses with intent to transfer
12    Sells or gives any firearm of a size which may be concealed
13    upon the person to any person he or she has reasonable
14    cause to believe is under 18 years of age.
15        (b) Transfers or possesses with intent to transfer
16    Sells or gives any firearm to a person under 21 years of

 

 

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1    age who has been convicted of a misdemeanor other than a
2    traffic offense or adjudged delinquent.
3        (b-5) Transfers or possesses with intent to transfer
4    any firearm to a person he or she has reasonable cause to
5    believe is under 18 years of age.
6        (c) Transfers or possesses with intent to transfer
7    Sells or gives any firearm to any person he or she has
8    reasonable cause to believe is a narcotic addict.
9        (d) Transfers or possesses with intent to transfer
10    Sells or gives any firearm to any person he or she has
11    reasonable cause to believe who has been convicted of a
12    felony under the laws of this or any other jurisdiction.
13        (e) Transfers or possesses with intent to transfer
14    Sells or gives any firearm to any person he or she has
15    reasonable cause to believe who has been a patient in a
16    mental institution within the past 5 years. In this
17    subsection (e):
18            "Mental institution" means any hospital,
19        institution, clinic, evaluation facility, mental
20        health center, or part thereof, which is used primarily
21        for the care or treatment of persons with mental
22        illness.
23            "Patient in a mental institution" means the person
24        was admitted, either voluntarily or involuntarily, to
25        a mental institution for mental health treatment,
26        unless the treatment was voluntary and solely for an

 

 

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

 

 

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1    Illinois; (3) the sale of a firearm to a nonresident of
2    Illinois while at a firearm showing or display recognized
3    by the Illinois Department of State Police; (4) the sale of
4    a firearm to a dealer licensed as a federal firearms dealer
5    under Section 923 of the federal Gun Control Act of 1968
6    (18 U.S.C. 923); or (5) the transfer or sale of any rifle,
7    shotgun, or other long gun to a resident registered
8    competitor or attendee or non-resident registered
9    competitor or attendee by any dealer licensed as a federal
10    firearms dealer under Section 923 of the federal Gun
11    Control Act of 1968 at competitive shooting events held at
12    the World Shooting Complex sanctioned by a national
13    governing body. For purposes of transfers or sales under
14    subparagraph (5) of this paragraph (g), the Department of
15    Natural Resources shall give notice to the Department of
16    State Police at least 30 calendar days prior to any
17    competitive shooting events at the World Shooting Complex
18    sanctioned by a national governing body. The notification
19    shall be made on a form prescribed by the Department of
20    State Police. The sanctioning body shall provide a list of
21    all registered competitors and attendees at least 24 hours
22    before the events to the Department of State Police. Any
23    changes to the list of registered competitors and attendees
24    shall be forwarded to the Department of State Police as
25    soon as practicable. The Department of State Police must
26    destroy the list of registered competitors and attendees no

 

 

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1    later than 30 days after the date of the event. Nothing in
2    this paragraph (g) relieves a federally licensed firearm
3    dealer from the requirements of conducting a NICS
4    background check through the Illinois Point of Contact
5    under 18 U.S.C. 922(t). For purposes of this paragraph (g),
6    "application" means when the buyer and seller reach an
7    agreement to purchase a firearm. For purposes of this
8    paragraph (g), "national governing body" means a group of
9    persons who adopt rules and formulate policy on behalf of a
10    national firearm sporting organization.
11        (h) While holding any license as a dealer, importer,
12    manufacturer or pawnbroker under the federal Gun Control
13    Act of 1968, knowingly manufactures, sells or delivers to
14    any unlicensed person a handgun having a barrel, slide,
15    frame or receiver which is a die casting of zinc alloy or
16    any other nonhomogeneous metal which will melt or deform at
17    a temperature of less than 800 degrees Fahrenheit. For
18    purposes of this paragraph, (1) "firearm" is defined as in
19    the Firearm Owners Identification Card Act; and (2)
20    "handgun" is defined as a firearm designed to be held and
21    fired by the use of a single hand, and includes a
22    combination of parts from which such a firearm can be
23    assembled.
24        (i) Transfers or possesses with intent to transfer
25    Sells or gives a firearm of any size to any person he or
26    she knows or has reasonable cause to believe is under 18

 

 

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1    years of age who does not possess a valid Firearm Owner's
2    Identification Card.
3        (i-5) While holding a license under the Federal Gun
4    Control Act of 1968, transfers or possesses with intent to
5    transfer more than one handgun to any person within any
6    30-day period or transfers or possesses with intent to
7    transfer a handgun to any person he or she knows or has
8    reasonable cause to believe has received a handgun within
9    the previous 30 days unless the receipt of multiple
10    handguns is exempted under subsection (c) or (d) of Section
11    24-3.1A. It is an affirmative defense to a violation of
12    this subsection that the transferor in good faith relied on
13    the records of the Department of State Police in concluding
14    that the transferor had not transferred a handgun within
15    the previous 30 days or that multiple purchases were
16    authorized by subsection (b) of Section 24-3.1A, or relied
17    in good faith on the records of a local law enforcement
18    agency that the transfer was authorized by subsection (c)
19    of Section 24-3.1A.
20        (j) Transfers or possesses with intent to transfer
21    Sells or gives a firearm while engaged in the business of
22    selling firearms at wholesale or retail without being
23    licensed as a federal firearms dealer under Section 923 of
24    the federal Gun Control Act of 1968 (18 U.S.C. 923). In
25    this paragraph (j):
26        A person "engaged in the business" means a person who

 

 

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

 

 

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1    to a person who is exempt from the requirement of
2    possessing a Firearm Owner's Identification Card under
3    Section 2 of the Firearm Owners Identification Card Act.
4    For the purposes of this Section, a currently valid Firearm
5    Owner's Identification Card means (i) a Firearm Owner's
6    Identification Card that has not expired or (ii) an
7    approval number issued in accordance with subsection
8    (a-10) of subsection 3 or Section 3.1 of the Firearm Owners
9    Identification Card Act shall be proof that the Firearm
10    Owner's Identification Card was valid.
11            (1) In addition to the other requirements of this
12        paragraph (k), all persons who are not federally
13        licensed firearms dealers must also have complied with
14        subsection (a-10) of Section 3 of the Firearm Owners
15        Identification Card Act by determining the validity of
16        a purchaser's Firearm Owner's Identification Card.
17            (2) All sellers or transferors who have complied
18        with the requirements of subparagraph (1) of this
19        paragraph (k) shall not be liable for damages in any
20        civil action arising from the use or misuse by the
21        transferee of the firearm transferred, except for
22        willful or wanton misconduct on the part of the seller
23        or transferor.
24        (l) Not being entitled to the possession of a firearm,
25    delivers the firearm, knowing it to have been stolen or
26    converted. It may be inferred that a person who possesses a

 

 

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1    firearm with knowledge that its serial number has been
2    removed or altered has knowledge that the firearm is stolen
3    or converted.
4    (B) Paragraph (h) of subsection (A) does not include
5firearms sold within 6 months after enactment of Public Act
678-355 (approved August 21, 1973, effective October 1, 1973),
7nor is any firearm legally owned or possessed by any citizen or
8purchased by any citizen within 6 months after the enactment of
9Public Act 78-355 subject to confiscation or seizure under the
10provisions of that Public Act. Nothing in Public Act 78-355
11shall be construed to prohibit the gift or trade of any firearm
12if that firearm was legally held or acquired within 6 months
13after the enactment of that Public Act.
14    (B-5) As used in this Section, "transfer" means the actual
15or attempted transfer of a firearm or firearm ammunition, with
16or without consideration, but does not include the lease of a
17firearm, or the provision of ammunition specifically for that
18firearm, if the firearm and the ammunition are to be used on
19the lessor's premises, and does not include any transfer of
20possession when the transferor maintains supervision and
21control over the firearm or ammunition.
22    (B-10) It is an affirmative defense to a violation of
23paragraph (i-5) of subsection (A) that the transfer or
24possession with intent to transfer of a firearm was to a
25transferee who received the firearm as an heir, legatee, or
26beneficiary of or in a similar capacity to a deceased person

 

 

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1who had owned the firearm. Nothing in this paragraph (B-10)
2makes lawful any transfer or possession with intent to transfer
3of a firearm, or any other possession or use of a firearm, in
4violation of any law, other than paragraph (i-5) of subsection
5(A), or in violation of any municipal or county ordinance.
6    (C) Sentence.
7        (1) Any person convicted of unlawful transfer sale or
8    delivery of firearms in violation of paragraph (c), (e),
9    (f), (g), or (h) of subsection (A) commits a Class 4
10    felony. A person convicted of a violation of subsection
11    (i-5) of subsection (A) of this Section commits a Class A
12    misdemeanor for a first offense and a Class 4 felony for a
13    second or subsequent offense.
14        (2) Any person convicted of unlawful transfer sale or
15    delivery of firearms in violation of paragraph (b), (b-5),
16    or (i) of subsection (A) commits a Class 3 felony.
17        (3) Any person convicted of unlawful transfer sale or
18    delivery of firearms in violation of paragraph (a) of
19    subsection (A) commits a Class 2 felony.
20        (4) Any person convicted of unlawful transfer sale or
21    delivery of firearms in violation of paragraph (a), (b),
22    (b-5), or (i) of subsection (A) in any school, on the real
23    property comprising a school, within 1,000 feet of the real
24    property comprising a school, at a school related activity,
25    or on or within 1,000 feet of any conveyance owned, leased,
26    or contracted by a school or school district to transport

 

 

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

 

 

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1    property comprising any courthouse, or on any public way
2    within 1,000 feet of the real property comprising any
3    public park, courthouse, or residential property owned,
4    operated, or managed by a public housing agency or leased
5    by a public housing agency as part of a scattered site or
6    mixed-income development commits a Class 2 felony.
7        (6) Any person convicted of unlawful transfer sale or
8    delivery of firearms in violation of paragraph (j) of
9    subsection (A) commits a Class A misdemeanor. A second or
10    subsequent violation is a Class 4 felony.
11        (7) Any person convicted of unlawful transfer sale or
12    delivery of firearms in violation of paragraph (k) of
13    subsection (A) commits a Class 4 felony, except that a
14    violation of subparagraph (1) of paragraph (k) of
15    subsection (A) shall not be punishable as a crime or petty
16    offense. A third or subsequent conviction for a violation
17    of paragraph (k) of subsection (A) is a Class 1 felony.
18        (8) A person 18 years of age or older convicted of
19    unlawful transfer sale or delivery of firearms in violation
20    of paragraph (a) or (i) of subsection (A), when the firearm
21    that was sold or given to another person under 18 years of
22    age was used in the commission of or attempt to commit a
23    forcible felony, shall be fined or imprisoned, or both, not
24    to exceed the maximum provided for the most serious
25    forcible felony so committed or attempted by the person
26    under 18 years of age who was sold or given the firearm.

 

 

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1        (9) Any person convicted of unlawful transfer sale or
2    delivery of firearms in violation of paragraph (d) of
3    subsection (A) commits a Class 3 felony.
4        (10) Any person convicted of unlawful transfer sale or
5    delivery of firearms in violation of paragraph (l) of
6    subsection (A) commits a Class 2 felony if the delivery is
7    of one firearm. Any person convicted of unlawful transfer
8    sale or delivery of firearms in violation of paragraph (l)
9    of subsection (A) commits a Class 1 felony if the delivery
10    is of not less than 2 and not more than 5 firearms at the
11    same time or within a one year period. Any person convicted
12    of unlawful transfer sale or delivery of firearms in
13    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 30 years if the delivery is of not less than 6 and not
17    more than 10 firearms at the same time or within a 2 year
18    period. Any person convicted of unlawful transfer 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 40 years if the delivery is
23    of not less than 11 and not more than 20 firearms at the
24    same time or within a 3 year period. Any person convicted
25    of unlawful transfer sale or delivery of firearms in
26    violation of paragraph (l) of subsection (A) commits a

 

 

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1    Class X felony for which he or she shall be sentenced to a
2    term of imprisonment of not less than 6 years and not more
3    than 50 years if the delivery is of not less than 21 and
4    not more than 30 firearms at the same time or within a 4
5    year period. Any person convicted of unlawful transfer sale
6    or delivery of firearms in violation of paragraph (l) of
7    subsection (A) commits a Class X felony for which he or she
8    shall be sentenced to a term of imprisonment of not less
9    than 6 years and not more than 60 years if the delivery is
10    of 31 or more firearms at the same time or within a 5 year
11    period.
12    (D) For purposes of this Section:
13    "School" means a public or private elementary or secondary
14school, community college, college, or university.
15    "School related activity" means any sporting, social,
16academic, or other activity for which students' attendance or
17participation is sponsored, organized, or funded in whole or in
18part by a school or school district.
19    (E) A prosecution for a violation of paragraph (k) of
20subsection (A) of this Section may be commenced within 6 years
21after the commission of the offense. A prosecution for a
22violation of this Section other than paragraph (g) of
23subsection (A) of this Section may be commenced within 5 years
24after the commission of the offense defined in the particular
25paragraph.
26(Source: P.A. 98-508, eff. 8-19-13; 99-29, eff. 7-10-15;

 

 

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199-143, eff. 7-27-15; 99-642, eff. 7-28-16.)
 
2    (720 ILCS 5/24-3.1A new)
3    Sec. 24-3.1A. Unlawful acquisition of handguns.
4    (a) Except as exempted in subsections (b) and (c), it is
5unlawful for any person other than a person holding a license
6under the Federal Gun Control Act of 1968, as amended, to
7acquire more than one handgun within any 30-day period.
8    (b) Acquisitions in excess of one handgun within a 30-day
9period may be made upon completion of an enhanced background
10check, as described in this Section, by special application to
11the Department of State Police listing the number and type of
12handguns to be acquired and transferred for lawful business or
13personal use, in a collector series, for collections, as a bulk
14purchase from estate sales, and for similar purposes. The
15application must be signed under oath by the applicant on forms
16provided by the Department of State Police, must state the
17purpose for the acquisition above the limit, and must require
18satisfactory proof of residency and identity. The application
19is in addition to the firearms transfer report required by the
20Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
21    Upon being satisfied that these requirements have been met,
22the Department of State Police must forthwith issue to the
23applicant a nontransferable certificate that is valid for 7
24days from the date of issue. The certificate must be
25surrendered to the transferor by the prospective transferee

 

 

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1before the consummation of the transfer and must be kept on
2file at the transferor's place of business for inspection as
3provided in Section 24-4. Upon request of any local law
4enforcement agency, the Department of State Police may certify
5the local law enforcement agency to serve as its agent to
6receive applications and, upon authorization by the Department
7of State Police, issue certificates forthwith under this
8Section. Applications and certificates issued under this
9Section must be maintained as records by the Department of
10State Police, and made available to local law enforcement
11agencies.
12    (c) This Section does not apply to:
13        (1) A law enforcement agency;
14        (2) State and local correctional agencies and
15    departments;
16        (3) The acquisition of antique firearms as defined by
17    paragraph (4) of Section 1.1 of the Firearm Owners
18    Identification Card Act; or
19        (4) A person whose handgun is stolen or irretrievably
20    lost who deems it essential that the handgun be replaced
21    immediately. The person may acquire another handgun, even
22    if the person has previously acquired a handgun within a
23    30-day period, if: (i) the person provides the firearms
24    transferor with a copy of the official police report or a
25    summary of the official police report, on forms provided by
26    the Department of State Police, from the law enforcement

 

 

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1    agency that took the report of the lost or stolen handgun;
2    (ii) the official police report or summary of the official
3    police report contains the name and address of the handgun
4    owner, the description and serial number of the handgun,
5    the location of the loss or theft, the date of the loss or
6    theft, and the date the loss or theft was reported to the
7    law enforcement agency; and (iii) the date of the loss or
8    theft as reflected on the official police report or summary
9    of the official police report occurred within 30 days of
10    the person's attempt to replace the handgun. The firearms
11    transferor must attach a copy of the official police report
12    or summary of the official police report to the original
13    copy of the form provided by the Department of State Police
14    completed for the transaction, retain it for the period
15    prescribed by the Department of State Police, and forward a
16    copy of the documents to the Department of State Police.
17    The documents must be maintained by the Department of State
18    Police and made available to local law enforcement
19    agencies.
20    (d) For the purposes of this Section, "acquisition" does
21not include the exchange or replacement of a handgun by a
22transferor for a handgun transferred from the transferor by the
23same person seeking the exchange or replacement within the
2430-day period immediately preceding the date of exchange or
25replacement.
26    (e) The exemptions set forth in subsections (b) and (c) are

 

 

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1affirmative defenses to a violation of subsection (a).
2    (f) A violation of this Section is a Class A misdemeanor
3for a first offense and a Class 4 felony for a second or
4subsequent offense.
5    (g) Notwithstanding any other rulemaking authority that
6may exist, neither the Governor nor any agency or agency head
7under the jurisdiction of the Governor has any authority to
8make or adopt rules to implement or enforce the provisions of
9this amendatory Act of the 100th General Assembly. If, however,
10the Governor believes that rules are necessary to implement or
11enforce the provisions of this amendatory Act of the 100th
12General Assembly, the Governor may suggest rules to the General
13Assembly by filing them with the Clerk of the House and the
14Secretary of the Senate and by requesting that the General
15Assembly authorize the rulemaking by law, enact those suggested
16rules into law, or take any other appropriate action in the
17General Assembly's discretion. Nothing contained in this
18amendatory Act of the 100th General Assembly shall be
19interpreted to grant rulemaking authority under any other
20Illinois statute if the authority is not otherwise explicitly
21given. For the purposes of this subsection, "rules" is given
22the meaning contained in Section 1-70 of the Illinois
23Administrative Procedure Act, and "agency" and "agency head"
24are given the meanings contained in Sections 1-20 and 1-25 of
25the Illinois Administrative Procedure Act to the extent that
26those definitions apply to agencies or agency heads under the

 

 

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1jurisdiction of the Governor.".