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Public Act 100-0606


 

Public Act 0606 100TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 100-0606
 
SB3256 EnrolledLRB100 20547 SLF 35951 b

    AN ACT concerning criminal law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Criminal Code of 2012 is amended by changing
Section 24-3 as follows:
 
    (720 ILCS 5/24-3)  (from Ch. 38, par. 24-3)
    Sec. 24-3. Unlawful sale or delivery of firearms.
    (A) A person commits the offense of unlawful sale or
delivery of firearms when he or she knowingly does any of the
following:
        (a) Sells or gives any firearm of a size which may be
    concealed upon the person to any person under 18 years of
    age.
        (b) Sells or gives any firearm to a person under 21
    years of age who has been convicted of a misdemeanor other
    than a traffic offense or adjudged delinquent.
        (c) Sells or gives any firearm to any narcotic addict.
        (d) Sells or gives any firearm to any person who has
    been convicted of a felony under the laws of this or any
    other jurisdiction.
        (e) Sells or gives any firearm to any person who has
    been a patient in a mental institution within the past 5
    years. In this subsection (e):
            "Mental institution" means any hospital,
        institution, clinic, evaluation facility, mental
        health center, or part thereof, which is used primarily
        for the care or treatment of persons with mental
        illness.
            "Patient in a mental institution" means the person
        was admitted, either voluntarily or involuntarily, to
        a mental institution for mental health treatment,
        unless the treatment was voluntary and solely for an
        alcohol abuse disorder and no other secondary
        substance abuse disorder or mental illness.
        (f) Sells or gives any firearms to any person who is a
    person with an intellectual disability.
        (g) Delivers any firearm of a size which may be
    concealed upon the person, incidental to a sale, without
    withholding delivery of the such firearm for at least 72
    hours after application for its purchase has been made, or
    delivers any rifle, shotgun or other long gun, or a stun
    gun or taser, incidental to a sale, without withholding
    delivery of the such rifle, shotgun or other long gun, or a
    stun gun or taser for at least 24 hours after application
    for its purchase has been made. However, this paragraph (g)
    does not apply to: (1) the sale of a firearm to a law
    enforcement officer if the seller of the firearm knows that
    the person to whom he or she is selling the firearm is a
    law enforcement officer or the sale of a firearm to a
    person who desires to purchase a firearm for use in
    promoting the public interest incident to his or her
    employment as a bank guard, armed truck guard, or other
    similar employment; (2) a mail order sale of a firearm from
    a federally licensed firearms dealer to a nonresident of
    Illinois under which the firearm is mailed to a federally
    licensed firearms dealer outside the boundaries of
    Illinois; (3) (blank); the sale of a firearm to a
    nonresident of Illinois while at a firearm showing or
    display recognized by the Illinois Department of State
    Police; (4) the sale of a firearm to a dealer licensed as a
    federal firearms dealer under Section 923 of the federal
    Gun Control Act of 1968 (18 U.S.C. 923); or (5) the
    transfer or sale of any rifle, shotgun, or other long gun
    to a resident registered competitor or attendee or
    non-resident registered competitor or attendee by any
    dealer licensed as a federal firearms dealer under Section
    923 of the federal Gun Control Act of 1968 at competitive
    shooting events held at the World Shooting Complex
    sanctioned by a national governing body. For purposes of
    transfers or sales under subparagraph (5) of this paragraph
    (g), the Department of Natural Resources shall give notice
    to the Department of State Police at least 30 calendar days
    prior to any competitive shooting events at the World
    Shooting Complex sanctioned by a national governing body.
    The notification shall be made on a form prescribed by the
    Department of State Police. The sanctioning body shall
    provide a list of all registered competitors and attendees
    at least 24 hours before the events to the Department of
    State Police. Any changes to the list of registered
    competitors and attendees shall be forwarded to the
    Department of State Police as soon as practicable. The
    Department of State Police must destroy the list of
    registered competitors and attendees no later than 30 days
    after the date of the event. Nothing in this paragraph (g)
    relieves a federally licensed firearm dealer from the
    requirements of conducting a NICS background check through
    the Illinois Point of Contact under 18 U.S.C. 922(t). For
    purposes of this paragraph (g), "application" means when
    the buyer and seller reach an agreement to purchase a
    firearm. For purposes of this paragraph (g), "national
    governing body" means a group of persons who adopt rules
    and formulate policy on behalf of a national firearm
    sporting organization.
        (h) While holding any license as a dealer, importer,
    manufacturer or pawnbroker under the federal Gun Control
    Act of 1968, manufactures, sells or delivers to any
    unlicensed person a handgun having a barrel, slide, frame
    or receiver which is a die casting of zinc alloy or any
    other nonhomogeneous metal which will melt or deform at a
    temperature of less than 800 degrees Fahrenheit. For
    purposes of this paragraph, (1) "firearm" is defined as in
    the Firearm Owners Identification Card Act; and (2)
    "handgun" is defined as a firearm designed to be held and
    fired by the use of a single hand, and includes a
    combination of parts from which such a firearm can be
    assembled.
        (i) Sells or gives a firearm of any size to any person
    under 18 years of age who does not possess a valid Firearm
    Owner's Identification Card.
        (j) Sells or gives a firearm while engaged in the
    business of selling firearms at wholesale or retail without
    being licensed as a federal firearms dealer under Section
    923 of the federal Gun Control Act of 1968 (18 U.S.C. 923).
    In this paragraph (j):
        A person "engaged in the business" means a person who
    devotes time, attention, and labor to engaging in the
    activity as a regular course of trade or business with the
    principal objective of livelihood and profit, but does not
    include a person who makes occasional repairs of firearms
    or who occasionally fits special barrels, stocks, or
    trigger mechanisms to firearms.
        "With the principal objective of livelihood and
    profit" means that the intent underlying the sale or
    disposition of firearms is predominantly one of obtaining
    livelihood and pecuniary gain, as opposed to other intents,
    such as improving or liquidating a personal firearms
    collection; however, proof of profit shall not be required
    as to a person who engages in the regular and repetitive
    purchase and disposition of firearms for criminal purposes
    or terrorism.
        (k) Sells or transfers ownership of a firearm to a
    person who does not display to the seller or transferor of
    the firearm either: (1) a currently valid Firearm Owner's
    Identification Card that has previously been issued in the
    transferee's name by the Department of State Police under
    the provisions of the Firearm Owners Identification Card
    Act; or (2) a currently valid license to carry a concealed
    firearm that has previously been issued in the transferee's
    name by the Department of State Police under the Firearm
    Concealed Carry Act. This paragraph (k) does not apply to
    the transfer of a firearm to a person who is exempt from
    the requirement of possessing a Firearm Owner's
    Identification Card under Section 2 of the Firearm Owners
    Identification Card Act. For the purposes of this Section,
    a currently valid Firearm Owner's Identification Card
    means (i) a Firearm Owner's Identification Card that has
    not expired or (ii) an approval number issued in accordance
    with subsection (a-10) of subsection 3 or Section 3.1 of
    the Firearm Owners Identification Card Act shall be proof
    that the Firearm Owner's Identification Card was valid.
            (1) In addition to the other requirements of this
        paragraph (k), all persons who are not federally
        licensed firearms dealers must also have complied with
        subsection (a-10) of Section 3 of the Firearm Owners
        Identification Card Act by determining the validity of
        a purchaser's Firearm Owner's Identification Card.
            (2) All sellers or transferors who have complied
        with the requirements of subparagraph (1) of this
        paragraph (k) shall not be liable for damages in any
        civil action arising from the use or misuse by the
        transferee of the firearm transferred, except for
        willful or wanton misconduct on the part of the seller
        or transferor.
        (l) Not being entitled to the possession of a firearm,
    delivers the firearm, knowing it to have been stolen or
    converted. It may be inferred that a person who possesses a
    firearm with knowledge that its serial number has been
    removed or altered has knowledge that the firearm is stolen
    or converted.
    (B) Paragraph (h) of subsection (A) does not include
firearms sold within 6 months after enactment of Public Act
78-355 (approved August 21, 1973, effective October 1, 1973),
nor is any firearm legally owned or possessed by any citizen or
purchased by any citizen within 6 months after the enactment of
Public Act 78-355 subject to confiscation or seizure under the
provisions of that Public Act. Nothing in Public Act 78-355
shall be construed to prohibit the gift or trade of any firearm
if that firearm was legally held or acquired within 6 months
after the enactment of that Public Act.
    (C) Sentence.
        (1) Any person convicted of unlawful sale or delivery
    of firearms in violation of paragraph (c), (e), (f), (g),
    or (h) of subsection (A) commits a Class 4 felony.
        (2) Any person convicted of unlawful sale or delivery
    of firearms in violation of paragraph (b) or (i) of
    subsection (A) commits a Class 3 felony.
        (3) Any person convicted of unlawful sale or delivery
    of firearms in violation of paragraph (a) of subsection (A)
    commits a Class 2 felony.
        (4) Any person convicted of unlawful sale or delivery
    of firearms in violation of paragraph (a), (b), or (i) of
    subsection (A) in any school, on the real property
    comprising a school, within 1,000 feet of the real property
    comprising a school, at a school related activity, or on or
    within 1,000 feet of any conveyance owned, leased, or
    contracted by a school or school district to transport
    students to or from school or a school related activity,
    regardless of the time of day or time of year at which the
    offense was committed, commits a Class 1 felony. Any person
    convicted of a second or subsequent violation of unlawful
    sale or delivery of firearms in violation of paragraph (a),
    (b), or (i) of subsection (A) in any school, on the real
    property comprising a school, within 1,000 feet of the real
    property comprising a school, at a school related activity,
    or on or within 1,000 feet of any conveyance owned, leased,
    or contracted by a school or school district to transport
    students to or from school or a school related activity,
    regardless of the time of day or time of year at which the
    offense was committed, commits a Class 1 felony for which
    the sentence shall be a term of imprisonment of no less
    than 5 years and no more than 15 years.
        (5) Any person convicted of unlawful sale or delivery
    of firearms in violation of paragraph (a) or (i) of
    subsection (A) in residential property owned, operated, or
    managed by a public housing agency or leased by a public
    housing agency as part of a scattered site or mixed-income
    development, in a public park, in a courthouse, on
    residential property owned, operated, or managed by a
    public housing agency or leased by a public housing agency
    as part of a scattered site or mixed-income development, on
    the real property comprising any public park, on the real
    property comprising any courthouse, or on any public way
    within 1,000 feet of the real property comprising any
    public park, courthouse, or residential property owned,
    operated, or managed by a public housing agency or leased
    by a public housing agency as part of a scattered site or
    mixed-income development commits a Class 2 felony.
        (6) Any person convicted of unlawful sale or delivery
    of firearms in violation of paragraph (j) of subsection (A)
    commits a Class A misdemeanor. A second or subsequent
    violation is a Class 4 felony.
        (7) Any person convicted of unlawful sale or delivery
    of firearms in violation of paragraph (k) of subsection (A)
    commits a Class 4 felony, except that a violation of
    subparagraph (1) of paragraph (k) of subsection (A) shall
    not be punishable as a crime or petty offense. A third or
    subsequent conviction for a violation of paragraph (k) of
    subsection (A) is a Class 1 felony.
        (8) A person 18 years of age or older convicted of
    unlawful sale or delivery of firearms in violation of
    paragraph (a) or (i) of subsection (A), when the firearm
    that was sold or given to another person under 18 years of
    age was used in the commission of or attempt to commit a
    forcible felony, shall be fined or imprisoned, or both, not
    to exceed the maximum provided for the most serious
    forcible felony so committed or attempted by the person
    under 18 years of age who was sold or given the firearm.
        (9) Any person convicted of unlawful sale or delivery
    of firearms in violation of paragraph (d) of subsection (A)
    commits a Class 3 felony.
        (10) Any person convicted of unlawful sale or delivery
    of firearms in violation of paragraph (l) of subsection (A)
    commits a Class 2 felony if the delivery is of one firearm.
    Any person convicted of unlawful sale or delivery of
    firearms in violation of paragraph (l) of subsection (A)
    commits a Class 1 felony if the delivery is of not less
    than 2 and not more than 5 firearms at the same time or
    within a one year period. Any person convicted of unlawful
    sale or delivery of firearms in violation of paragraph (l)
    of subsection (A) commits a Class X felony for which he or
    she shall be sentenced to a term of imprisonment of not
    less than 6 years and not more than 30 years if the
    delivery is of not less than 6 and not more than 10
    firearms at the same time or within a 2 year period. Any
    person convicted of unlawful sale or delivery of firearms
    in violation of paragraph (l) of subsection (A) commits a
    Class X felony for which he or she shall be sentenced to a
    term of imprisonment of not less than 6 years and not more
    than 40 years if the delivery is of not less than 11 and
    not more than 20 firearms at the same time or within a 3
    year period. Any person convicted of unlawful sale or
    delivery of firearms in violation of paragraph (l) of
    subsection (A) commits a Class X felony for which he or she
    shall be sentenced to a term of imprisonment of not less
    than 6 years and not more than 50 years if the delivery is
    of not less than 21 and not more than 30 firearms at the
    same time or within a 4 year period. Any person convicted
    of unlawful sale or delivery of firearms in violation of
    paragraph (l) of subsection (A) commits a Class X felony
    for which he or she shall be sentenced to a term of
    imprisonment of not less than 6 years and not more than 60
    years if the delivery is of 31 or more firearms at the same
    time or within a 5 year period.
    (D) For purposes of this Section:
    "School" means a public or private elementary or secondary
school, community college, college, or university.
    "School related activity" means any sporting, social,
academic, or other activity for which students' attendance or
participation is sponsored, organized, or funded in whole or in
part by a school or school district.
    (E) A prosecution for a violation of paragraph (k) of
subsection (A) of this Section may be commenced within 6 years
after the commission of the offense. A prosecution for a
violation of this Section other than paragraph (g) of
subsection (A) of this Section may be commenced within 5 years
after the commission of the offense defined in the particular
paragraph.
(Source: P.A. 98-508, eff. 8-19-13; 99-29, eff. 7-10-15;
99-143, eff. 7-27-15; 99-642, eff. 7-28-16.)

Effective Date: 1/1/2019