103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB2355

 

Introduced 2/14/2023, by Rep. Daniel Didech

 

SYNOPSIS AS INTRODUCED:
 
430 ILCS 65/Act title
430 ILCS 65/1  from Ch. 38, par. 83-1
430 ILCS 65/1.1
430 ILCS 65/2  from Ch. 38, par. 83-2
430 ILCS 65/3  from Ch. 38, par. 83-3
430 ILCS 65/3.1  from Ch. 38, par. 83-3.1
720 ILCS 5/24-3  from Ch. 38, par. 24-3

    Amends the Firearm Owners Identification Card Act. Requires a person to have a currently valid Firearm Owner's Identification Card issued in his or her own name by the Illinois State Police in order to acquire or possess a flamethrower. Exempts certain military, law enforcement, and other specified persons. Defines flamethrower. Amends the Criminal Code of 2012. Provides that it is a Class 4 felony to deliver a flamethrower to a person, incidental to a sale, without withholding delivery of the flamethrower for at least 72 hours after application for its purchase has been made.


LRB103 26386 RLC 52749 b

 

 

A BILL FOR

 

HB2355LRB103 26386 RLC 52749 b

1    AN ACT concerning safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Firearm Owners Identification Card Act is
5amended by changing the title of the Act and Sections 1, 1.1,
62, 3, and 3.1 as follows:
 
7    (430 ILCS 65/Act title)
8    An Act relating to the acquisition, possession and
9transfer of firearms, firearm ammunition, stun guns, and
10tasers, and flamethrowers to provide a penalty for the
11violation thereof and to make an appropriation in connection
12therewith.
 
13    (430 ILCS 65/1)  (from Ch. 38, par. 83-1)
14    Sec. 1. It is hereby declared as a matter of legislative
15determination that in order to promote and protect the health,
16safety and welfare of the public, it is necessary and in the
17public interest to provide a system of identifying persons who
18are not qualified to acquire or possess firearms, firearm
19ammunition, stun guns, and tasers, and flamethrowers within
20the State of Illinois by the establishment of a system of
21Firearm Owner's Identification Cards, thereby establishing a
22practical and workable system by which law enforcement

 

 

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1authorities will be afforded an opportunity to identify those
2persons who are prohibited by Section 24-3.1 of the Criminal
3Code of 2012, from acquiring or possessing firearms and
4firearm ammunition and who are prohibited by this Act from
5acquiring stun guns, and tasers, and flamethrowers.
6(Source: P.A. 97-1150, eff. 1-25-13.)
 
7    (430 ILCS 65/1.1)
8    Sec. 1.1. For purposes of this Act:
9    "Addicted to narcotics" means a person who has been:
10        (1) convicted of an offense involving the use or
11    possession of cannabis, a controlled substance, or
12    methamphetamine within the past year; or
13        (2) determined by the Illinois State Police to be
14    addicted to narcotics based upon federal law or federal
15    guidelines.
16    "Addicted to narcotics" does not include possession or use
17of a prescribed controlled substance under the direction and
18authority of a physician or other person authorized to
19prescribe the controlled substance when the controlled
20substance is used in the prescribed manner.
21    "Adjudicated as a person with a mental disability" means
22the person is the subject of a determination by a court, board,
23commission or other lawful authority that the person, as a
24result of marked subnormal intelligence, or mental illness,
25mental impairment, incompetency, condition, or disease:

 

 

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1        (1) presents a clear and present danger to himself,
2    herself, or to others;
3        (2) lacks the mental capacity to manage his or her own
4    affairs or is adjudicated a person with a disability as
5    defined in Section 11a-2 of the Probate Act of 1975;
6        (3) is not guilty in a criminal case by reason of
7    insanity, mental disease or defect;
8        (3.5) is guilty but mentally ill, as provided in
9    Section 5-2-6 of the Unified Code of Corrections;
10        (4) is incompetent to stand trial in a criminal case;
11        (5) is not guilty by reason of lack of mental
12    responsibility under Articles 50a and 72b of the Uniform
13    Code of Military Justice, 10 U.S.C. 850a, 876b;
14        (6) is a sexually violent person under subsection (f)
15    of Section 5 of the Sexually Violent Persons Commitment
16    Act;
17        (7) is a sexually dangerous person under the Sexually
18    Dangerous Persons Act;
19        (8) is unfit to stand trial under the Juvenile Court
20    Act of 1987;
21        (9) is not guilty by reason of insanity under the
22    Juvenile Court Act of 1987;
23        (10) is subject to involuntary admission as an
24    inpatient as defined in Section 1-119 of the Mental Health
25    and Developmental Disabilities Code;
26        (11) is subject to involuntary admission as an

 

 

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1    outpatient as defined in Section 1-119.1 of the Mental
2    Health and Developmental Disabilities Code;
3        (12) is subject to judicial admission as set forth in
4    Section 4-500 of the Mental Health and Developmental
5    Disabilities Code; or
6        (13) is subject to the provisions of the Interstate
7    Agreements on Sexually Dangerous Persons Act.
8    "Clear and present danger" means a person who:
9        (1) communicates a serious threat of physical violence
10    against a reasonably identifiable victim or poses a clear
11    and imminent risk of serious physical injury to himself,
12    herself, or another person as determined by a physician,
13    clinical psychologist, or qualified examiner; or
14        (2) demonstrates threatening physical or verbal
15    behavior, such as violent, suicidal, or assaultive
16    threats, actions, or other behavior, as determined by a
17    physician, clinical psychologist, qualified examiner,
18    school administrator, or law enforcement official.
19    "Clinical psychologist" has the meaning provided in
20Section 1-103 of the Mental Health and Developmental
21Disabilities Code.
22    "Controlled substance" means a controlled substance or
23controlled substance analog as defined in the Illinois
24Controlled Substances Act.
25    "Counterfeit" means to copy or imitate, without legal
26authority, with intent to deceive.

 

 

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1    "Developmental disability" means a severe, chronic
2disability of an individual that:
3        (1) is attributable to a mental or physical impairment
4    or combination of mental and physical impairments;
5        (2) is manifested before the individual attains age
6    22;
7        (3) is likely to continue indefinitely;
8        (4) results in substantial functional limitations in 3
9    or more of the following areas of major life activity:
10            (A) Self-care.
11            (B) Receptive and expressive language.
12            (C) Learning.
13            (D) Mobility.
14            (E) Self-direction.
15            (F) Capacity for independent living.
16            (G) Economic self-sufficiency; and
17        (5) reflects the individual's need for a combination
18    and sequence of special, interdisciplinary, or generic
19    services, individualized supports, or other forms of
20    assistance that are of lifelong or extended duration and
21    are individually planned and coordinated.
22    "Federally licensed firearm dealer" means a person who is
23licensed as a federal firearms dealer under Section 923 of the
24federal Gun Control Act of 1968 (18 U.S.C. 923).
25    "Firearm" means any device, by whatever name known, which
26is designed to expel a projectile or projectiles by the action

 

 

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1of an explosion, expansion of gas or escape of gas; excluding,
2however:
3        (1) any pneumatic gun, spring gun, paint ball gun, or
4    B-B gun which expels a single globular projectile not
5    exceeding .18 inch in diameter or which has a maximum
6    muzzle velocity of less than 700 feet per second;
7        (1.1) any pneumatic gun, spring gun, paint ball gun,
8    or B-B gun which expels breakable paint balls containing
9    washable marking colors;
10        (2) any device used exclusively for signaling or
11    safety and required or recommended by the United States
12    Coast Guard or the Interstate Commerce Commission;
13        (3) any device used exclusively for the firing of stud
14    cartridges, explosive rivets or similar industrial
15    ammunition; and
16        (4) an antique firearm (other than a machine-gun)
17    which, although designed as a weapon, the Illinois State
18    Police finds by reason of the date of its manufacture,
19    value, design, and other characteristics is primarily a
20    collector's item and is not likely to be used as a weapon.
21    "Firearm ammunition" means any self-contained cartridge or
22shotgun shell, by whatever name known, which is designed to be
23used or adaptable to use in a firearm; excluding, however:
24        (1) any ammunition exclusively designed for use with a
25    device used exclusively for signaling or safety and
26    required or recommended by the United States Coast Guard

 

 

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1    or the Interstate Commerce Commission; and
2        (2) any ammunition designed exclusively for use with a
3    stud or rivet driver or other similar industrial
4    ammunition.
5    "Gun show" means an event or function:
6        (1) at which the sale and transfer of firearms is the
7    regular and normal course of business and where 50 or more
8    firearms are displayed, offered, or exhibited for sale,
9    transfer, or exchange; or
10        (2) at which not less than 10 gun show vendors
11    display, offer, or exhibit for sale, sell, transfer, or
12    exchange firearms.
13    "Flamethrower" means any nonstationary and transportable
14device designed or intended to emit or propel a burning stream
15of combustible or flammable liquid a distance of at least 10
16feet.
17    "Gun show" includes the entire premises provided for an
18event or function, including parking areas for the event or
19function, that is sponsored to facilitate the purchase, sale,
20transfer, or exchange of firearms as described in this
21Section. Nothing in this definition shall be construed to
22exclude a gun show held in conjunction with competitive
23shooting events at the World Shooting Complex sanctioned by a
24national governing body in which the sale or transfer of
25firearms is authorized under subparagraph (5) of paragraph (g)
26of subsection (A) of Section 24-3 of the Criminal Code of 2012.

 

 

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1    Unless otherwise expressly stated, "gun show" does not
2include training or safety classes, competitive shooting
3events, such as rifle, shotgun, or handgun matches, trap,
4skeet, or sporting clays shoots, dinners, banquets, raffles,
5or any other event where the sale or transfer of firearms is
6not the primary course of business.
7    "Gun show promoter" means a person who organizes or
8operates a gun show.
9    "Gun show vendor" means a person who exhibits, sells,
10offers for sale, transfers, or exchanges any firearms at a gun
11show, regardless of whether the person arranges with a gun
12show promoter for a fixed location from which to exhibit,
13sell, offer for sale, transfer, or exchange any firearm.
14    "Intellectual disability" means significantly subaverage
15general intellectual functioning, existing concurrently with
16deficits in adaptive behavior and manifested during the
17developmental period, which is defined as before the age of
1822, that adversely affects a child's educational performance.
19    "Involuntarily admitted" has the meaning as prescribed in
20Sections 1-119 and 1-119.1 of the Mental Health and
21Developmental Disabilities Code.
22    "Mental health facility" means any licensed private
23hospital or hospital affiliate, institution, or facility, or
24part thereof, and any facility, or part thereof, operated by
25the State or a political subdivision thereof which provides
26treatment of persons with mental illness and includes all

 

 

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1hospitals, institutions, clinics, evaluation facilities,
2mental health centers, colleges, universities, long-term care
3facilities, and nursing homes, or parts thereof, which provide
4treatment of persons with mental illness whether or not the
5primary purpose is to provide treatment of persons with mental
6illness.
7    "National governing body" means a group of persons who
8adopt rules and formulate policy on behalf of a national
9firearm sporting organization.
10    "Noncitizen" means a person who is not a citizen of the
11United States, but is a person who is a foreign-born person who
12lives in the United States, has not been naturalized, and is
13still a citizen of a foreign country.
14    "Patient" means:
15        (1) a person who is admitted as an inpatient or
16    resident of a public or private mental health facility for
17    mental health treatment under Chapter III of the Mental
18    Health and Developmental Disabilities Code as an informal
19    admission, a voluntary admission, a minor admission, an
20    emergency admission, or an involuntary admission, unless
21    the treatment was solely for an alcohol abuse disorder; or
22        (2) a person who voluntarily or involuntarily receives
23    mental health treatment as an out-patient or is otherwise
24    provided services by a public or private mental health
25    facility and who poses a clear and present danger to
26    himself, herself, or others.

 

 

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1    "Physician" has the meaning as defined in Section 1-120 of
2the Mental Health and Developmental Disabilities Code.
3    "Protective order" means any orders of protection issued
4under the Illinois Domestic Violence Act of 1986, stalking no
5contact orders issued under the Stalking No Contact Order Act,
6civil no contact orders issued under the Civil No Contact
7Order Act, and firearms restraining orders issued under the
8Firearms Restraining Order Act or a substantially similar
9order issued by the court of another state, tribe, or United
10States territory or military tribunal.
11    "Qualified examiner" has the meaning provided in Section
121-122 of the Mental Health and Developmental Disabilities
13Code.
14    "Sanctioned competitive shooting event" means a shooting
15contest officially recognized by a national or state shooting
16sport association, and includes any sight-in or practice
17conducted in conjunction with the event.
18    "School administrator" means the person required to report
19under the School Administrator Reporting of Mental Health
20Clear and Present Danger Determinations Law.
21    "Stun gun or taser" has the meaning ascribed to it in
22Section 24-1 of the Criminal Code of 2012.
23(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
24102-813, eff. 5-13-22; 102-890, eff. 5-19-22; 102-972, eff.
251-1-23; 102-1030, eff. 5-27-22; revised 12-14-22.)
 

 

 

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1    (430 ILCS 65/2)  (from Ch. 38, par. 83-2)
2    Sec. 2. Firearm Owner's Identification Card required;
3exceptions.
4    (a) (1) No person may acquire or possess any firearm, stun
5gun, or taser, or flamethrower within this State without
6having in his or her possession a Firearm Owner's
7Identification Card previously issued in his or her name by
8the Illinois State Police under the provisions of this Act.
9    (2) No person may acquire or possess firearm ammunition
10within this State without having in his or her possession a
11Firearm Owner's Identification Card previously issued in his
12or her name by the Illinois State Police under the provisions
13of this Act.
14    (b) The provisions of this Section regarding the
15possession of firearms, firearm ammunition, stun guns, and
16tasers, and flamethrowers do not apply to:
17        (1) United States Marshals, while engaged in the
18    operation of their official duties;
19        (2) Members of the Armed Forces of the United States
20    or the National Guard, while engaged in the operation of
21    their official duties;
22        (3) Federal officials required to carry firearms,
23    while engaged in the operation of their official duties;
24        (4) Members of bona fide veterans organizations which
25    receive firearms directly from the armed forces of the
26    United States, while using the firearms for ceremonial

 

 

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1    purposes with blank ammunition;
2        (5) Nonresident hunters during hunting season, with
3    valid nonresident hunting licenses and while in an area
4    where hunting is permitted; however, at all other times
5    and in all other places these persons must have their
6    firearms unloaded and enclosed in a case;
7        (6) Those hunters exempt from obtaining a hunting
8    license who are required to submit their Firearm Owner's
9    Identification Card when hunting on Department of Natural
10    Resources owned or managed sites;
11        (7) Nonresidents while on a firing or shooting range
12    recognized by the Illinois State Police; however, these
13    persons must at all other times and in all other places
14    have their firearms unloaded and enclosed in a case;
15        (8) Nonresidents while at a firearm showing or display
16    recognized by the Illinois State Police; however, at all
17    other times and in all other places these persons must
18    have their firearms unloaded and enclosed in a case;
19        (9) Nonresidents whose firearms are unloaded and
20    enclosed in a case;
21        (10) Nonresidents who are currently licensed or
22    registered to possess a firearm in their resident state;
23        (11) Unemancipated minors while in the custody and
24    immediate control of their parent or legal guardian or
25    other person in loco parentis to the minor if the parent or
26    legal guardian or other person in loco parentis to the

 

 

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1    minor has a currently valid Firearm Owner's Identification
2    Card;
3        (12) Color guards of bona fide veterans organizations
4    or members of bona fide American Legion bands while using
5    firearms for ceremonial purposes with blank ammunition;
6        (13) Nonresident hunters whose state of residence does
7    not require them to be licensed or registered to possess a
8    firearm and only during hunting season, with valid hunting
9    licenses, while accompanied by, and using a firearm owned
10    by, a person who possesses a valid Firearm Owner's
11    Identification Card and while in an area within a
12    commercial club licensed under the Wildlife Code where
13    hunting is permitted and controlled, but in no instance
14    upon sites owned or managed by the Department of Natural
15    Resources;
16        (14) Resident hunters who are properly authorized to
17    hunt and, while accompanied by a person who possesses a
18    valid Firearm Owner's Identification Card, hunt in an area
19    within a commercial club licensed under the Wildlife Code
20    where hunting is permitted and controlled; and
21        (15) A person who is otherwise eligible to obtain a
22    Firearm Owner's Identification Card under this Act and is
23    under the direct supervision of a holder of a Firearm
24    Owner's Identification Card who is 21 years of age or
25    older while the person is on a firing or shooting range or
26    is a participant in a firearms safety and training course

 

 

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1    recognized by a law enforcement agency or a national,
2    statewide shooting sports organization.
3    (c) The provisions of this Section regarding the
4acquisition and possession of firearms, firearm ammunition,
5stun guns, and tasers, and flamethrowers do not apply to law
6enforcement officials of this or any other jurisdiction, while
7engaged in the operation of their official duties.
8    (c-5) The provisions of paragraphs (1) and (2) of
9subsection (a) of this Section regarding the possession of
10firearms and firearm ammunition do not apply to the holder of a
11valid concealed carry license issued under the Firearm
12Concealed Carry Act who is in physical possession of the
13concealed carry license.
14    (d) Any person who becomes a resident of this State, who is
15not otherwise prohibited from obtaining, possessing, or using
16a firearm or firearm ammunition, shall not be required to have
17a Firearm Owner's Identification Card to possess firearms or
18firearms ammunition until 60 calendar days after he or she
19obtains an Illinois driver's license or Illinois
20Identification Card.
21(Source: P.A. 102-538, eff. 8-20-21; 102-1116, eff. 1-10-23.)
 
22    (430 ILCS 65/3)  (from Ch. 38, par. 83-3)
23    (Text of Section before amendment by P.A. 102-237)
24    Sec. 3. (a) Except as provided in Section 3a, no person may
25knowingly transfer, or cause to be transferred, any firearm,

 

 

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1firearm ammunition, stun gun, or taser to any person within
2this State unless the transferee with whom he deals displays
3either: (1) a currently valid Firearm Owner's Identification
4Card which has previously been issued in his or her name by the
5Illinois State Police under the provisions of this Act; or (2)
6a currently valid license to carry a concealed firearm which
7has previously been issued in his or her name by the Illinois
8State Police under the Firearm Concealed Carry Act. In
9addition, all firearm, stun gun, and taser transfers by
10federally licensed firearm dealers are subject to Section 3.1.
11    (a-5) Any person who is not a federally licensed firearm
12dealer and who desires to transfer or sell a firearm while that
13person is on the grounds of a gun show must, before selling or
14transferring the firearm, request the Illinois State Police to
15conduct a background check on the prospective recipient of the
16firearm in accordance with Section 3.1.
17    (a-10) Notwithstanding item (2) of subsection (a) of this
18Section, any person who is not a federally licensed firearm
19dealer and who desires to transfer or sell a firearm or
20firearms to any person who is not a federally licensed firearm
21dealer shall, before selling or transferring the firearms,
22contact a federal firearm license dealer under paragraph (1)
23of subsection (a-15) of this Section to conduct the transfer
24or the Illinois State Police with the transferee's or
25purchaser's Firearm Owner's Identification Card number to
26determine the validity of the transferee's or purchaser's

 

 

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1Firearm Owner's Identification Card under State and federal
2law including the National Instant Criminal Background Check
3System. This subsection shall not be effective until July 1,
42023. Until that date the transferor shall contact the
5Illinois State Police with the transferee's or purchaser's
6Firearm Owner's Identification Card number to determine the
7validity of the card. The Illinois State Police may adopt
8rules concerning the implementation of this subsection. The
9Illinois State Police shall provide the seller or transferor
10an approval number if the purchaser's Firearm Owner's
11Identification Card is valid. Approvals issued by the Illinois
12State Police for the purchase of a firearm pursuant to this
13subsection are valid for 30 days from the date of issue.
14    (a-15) The provisions of subsection (a-10) of this Section
15do not apply to:
16        (1) transfers that occur at the place of business of a
17    federally licensed firearm dealer, if the federally
18    licensed firearm dealer conducts a background check on the
19    prospective recipient of the firearm in accordance with
20    Section 3.1 of this Act and follows all other applicable
21    federal, State, and local laws as if he or she were the
22    seller or transferor of the firearm, although the dealer
23    is not required to accept the firearm into his or her
24    inventory. The purchaser or transferee may be required by
25    the federally licensed firearm dealer to pay a fee not to
26    exceed $25 per firearm, which the dealer may retain as

 

 

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

 

 

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1    agency or a law enforcement or corrections officer acting
2    within the course and scope of his or her official duties;
3        (8) transfers of firearms that have been rendered
4    permanently inoperable to a nonprofit historical society,
5    museum, or institutional collection; and
6        (9) transfers to a person who is exempt from the
7    requirement of possessing a Firearm Owner's Identification
8    Card under Section 2 of this Act.
9    (a-20) The Illinois State Police shall develop an
10Internet-based system for individuals to determine the
11validity of a Firearm Owner's Identification Card prior to the
12sale or transfer of a firearm. The Illinois State Police shall
13have the Internet-based system updated and available for use
14by January 1, 2024. The Illinois State Police shall adopt
15rules not inconsistent with this Section to implement this
16system, but no rule shall allow the Illinois State Police to
17retain records in contravention of State and federal law.
18    (a-25) On or before January 1, 2022, the Illinois State
19Police shall develop an Internet-based system upon which the
20serial numbers of firearms that have been reported stolen are
21available for public access for individuals to ensure any
22firearms are not reported stolen prior to the sale or transfer
23of a firearm under this Section. The Illinois State Police
24shall have the Internet-based system completed and available
25for use by July 1, 2022. The Illinois State Police shall adopt
26rules not inconsistent with this Section to implement this

 

 

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1system.
2    (b) Any person within this State who transfers or causes
3to be transferred any firearm, stun gun, or taser shall keep a
4record of such transfer for a period of 10 years from the date
5of transfer. Any person within this State who receives any
6firearm, stun gun, or taser pursuant to subsection (a-10)
7shall provide a record of the transfer within 10 days of the
8transfer to a federally licensed firearm dealer and shall not
9be required to maintain a transfer record. The federally
10licensed firearm dealer shall maintain the transfer record for
1120 years from the date of receipt. A federally licensed
12firearm dealer may charge a fee not to exceed $25 to retain the
13record. The record shall be provided and maintained in either
14an electronic or paper format. The federally licensed firearm
15dealer shall not be liable for the accuracy of any information
16in the transfer record submitted pursuant to this Section.
17Such records shall contain the date of the transfer; the
18description, serial number or other information identifying
19the firearm, stun gun, or taser if no serial number is
20available; and, if the transfer was completed within this
21State, the transferee's Firearm Owner's Identification Card
22number and any approval number or documentation provided by
23the Illinois State Police pursuant to subsection (a-10) of
24this Section; if the transfer was not completed within this
25State, the record shall contain the name and address of the
26transferee. On or after January 1, 2006, the record shall

 

 

HB2355- 20 -LRB103 26386 RLC 52749 b

1contain the date of application for transfer of the firearm.
2On demand of a peace officer such transferor shall produce for
3inspection such record of transfer. For any transfer pursuant
4to subsection (a-10) of this Section, on the demand of a peace
5officer, such transferee shall identify the federally licensed
6firearm dealer maintaining the transfer record. If the
7transfer or sale took place at a gun show, the record shall
8include the unique identification number. Failure to record
9the unique identification number or approval number is a petty
10offense. For transfers of a firearm, stun gun, or taser made on
11or after January 18, 2019 (the effective date of Public Act
12100-1178), failure by the private seller to maintain the
13transfer records in accordance with this Section, or failure
14by a transferee pursuant to subsection a-10 of this Section to
15identify the federally licensed firearm dealer maintaining the
16transfer record, is a Class A misdemeanor for the first
17offense and a Class 4 felony for a second or subsequent offense
18occurring within 10 years of the first offense and the second
19offense was committed after conviction of the first offense.
20Whenever any person who has not previously been convicted of
21any violation of subsection (a-5), the court may grant
22supervision pursuant to and consistent with the limitations of
23Section 5-6-1 of the Unified Code of Corrections. A transferee
24or transferor shall not be criminally liable under this
25Section provided that he or she provides the Illinois State
26Police with the transfer records in accordance with procedures

 

 

HB2355- 21 -LRB103 26386 RLC 52749 b

1established by the Illinois State Police. The Illinois State
2Police shall establish, by rule, a standard form on its
3website.
4    (b-5) Any resident may purchase ammunition from a person
5within or outside of Illinois if shipment is by United States
6mail or by a private express carrier authorized by federal law
7to ship ammunition. Any resident purchasing ammunition within
8or outside the State of Illinois must provide the seller with a
9copy of his or her valid Firearm Owner's Identification Card
10or valid concealed carry license and either his or her
11Illinois driver's license or Illinois State Identification
12Card prior to the shipment of the ammunition. The ammunition
13may be shipped only to an address on either of those 2
14documents.
15    (c) The provisions of this Section regarding the transfer
16of firearm ammunition shall not apply to those persons
17specified in paragraph (b) of Section 2 of this Act.
18(Source: P.A. 102-538, eff. 8-20-21; 102-813, eff. 5-13-22;
19102-1116, eff. 1-10-23.)
 
20    (Text of Section after amendment by P.A. 102-237)
21    Sec. 3. (a) Except as provided in Section 3a, no person may
22knowingly transfer, or cause to be transferred, any firearm,
23firearm ammunition, stun gun, or taser, or flamethrower to any
24person within this State unless the transferee with whom he
25deals displays either: (1) a currently valid Firearm Owner's

 

 

HB2355- 22 -LRB103 26386 RLC 52749 b

1Identification Card which has previously been issued in his or
2her name by the Illinois State Police under the provisions of
3this Act; or (2) a currently valid license to carry a concealed
4firearm which has previously been issued in his or her name by
5the Illinois State Police under the Firearm Concealed Carry
6Act. In addition, all firearm, stun gun, and taser, and
7flamethrower transfers by federally licensed firearm dealers
8are subject to Section 3.1.
9    (a-5) Any person who is not a federally licensed firearm
10dealer and who desires to transfer or sell a firearm while that
11person is on the grounds of a gun show must, before selling or
12transferring the firearm, request the Illinois State Police to
13conduct a background check on the prospective recipient of the
14firearm in accordance with Section 3.1.
15    (a-10) Notwithstanding item (2) of subsection (a) of this
16Section, any person who is not a federally licensed firearm
17dealer and who desires to transfer or sell a firearm or
18firearms to any person who is not a federally licensed firearm
19dealer shall, before selling or transferring the firearms,
20contact a federal firearm license dealer under paragraph (1)
21of subsection (a-15) of this Section to conduct the transfer
22or the Illinois State Police with the transferee's or
23purchaser's Firearm Owner's Identification Card number to
24determine the validity of the transferee's or purchaser's
25Firearm Owner's Identification Card under State and federal
26law, including the National Instant Criminal Background Check

 

 

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1System. This subsection shall not be effective until July 1,
22023. Until that date the transferor shall contact the
3Illinois State Police with the transferee's or purchaser's
4Firearm Owner's Identification Card number to determine the
5validity of the card. The Illinois State Police may adopt
6rules concerning the implementation of this subsection. The
7Illinois State Police shall provide the seller or transferor
8an approval number if the purchaser's Firearm Owner's
9Identification Card is valid. Approvals issued by the Illinois
10State Police for the purchase of a firearm pursuant to this
11subsection are valid for 30 days from the date of issue.
12    (a-15) The provisions of subsection (a-10) of this Section
13do not apply to:
14        (1) transfers that occur at the place of business of a
15    federally licensed firearm dealer, if the federally
16    licensed firearm dealer conducts a background check on the
17    prospective recipient of the firearm in accordance with
18    Section 3.1 of this Act and follows all other applicable
19    federal, State, and local laws as if he or she were the
20    seller or transferor of the firearm, although the dealer
21    is not required to accept the firearm into his or her
22    inventory. The purchaser or transferee may be required by
23    the federally licensed firearm dealer to pay a fee not to
24    exceed $25 per firearm, which the dealer may retain as
25    compensation for performing the functions required under
26    this paragraph, plus the applicable fees authorized by

 

 

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

 

 

HB2355- 25 -LRB103 26386 RLC 52749 b

1        (8) transfers of firearms that have been rendered
2    permanently inoperable to a nonprofit historical society,
3    museum, or institutional collection; and
4        (9) transfers to a person who is exempt from the
5    requirement of possessing a Firearm Owner's Identification
6    Card under Section 2 of this Act.
7    (a-20) The Illinois State Police shall develop an
8Internet-based system for individuals to determine the
9validity of a Firearm Owner's Identification Card prior to the
10sale or transfer of a firearm. The Illinois State Police shall
11have the Internet-based system updated and available for use
12by January 1, 2024. The Illinois State Police shall adopt
13rules not inconsistent with this Section to implement this
14system; but no rule shall allow the Illinois State Police to
15retain records in contravention of State and federal law.
16    (a-25) On or before January 1, 2022, the Illinois State
17Police shall develop an Internet-based system upon which the
18serial numbers of firearms that have been reported stolen are
19available for public access for individuals to ensure any
20firearms are not reported stolen prior to the sale or transfer
21of a firearm under this Section. The Illinois State Police
22shall have the Internet-based system completed and available
23for use by July 1, 2022. The Illinois State Police shall adopt
24rules not inconsistent with this Section to implement this
25system.
26    (b) Any person within this State who transfers or causes

 

 

HB2355- 26 -LRB103 26386 RLC 52749 b

1to be transferred any firearm, stun gun, or taser, or
2flamethrower shall keep a record of such transfer for a period
3of 10 years from the date of transfer. Any person within this
4State who receives any firearm, stun gun, or taser, or
5flamethrower pursuant to subsection (a-10) shall provide a
6record of the transfer within 10 days of the transfer to a
7federally licensed firearm dealer and shall not be required to
8maintain a transfer record. The federally licensed firearm
9dealer shall maintain the transfer record for 20 years from
10the date of receipt. A federally licensed firearm dealer may
11charge a fee not to exceed $25 to retain the record. The record
12shall be provided and maintained in either an electronic or
13paper format. The federally licensed firearm dealer shall not
14be liable for the accuracy of any information in the transfer
15record submitted pursuant to this Section. Such records shall
16contain the date of the transfer; the description, serial
17number or other information identifying the firearm, stun gun,
18or taser, or flamethrower if no serial number is available;
19and, if the transfer was completed within this State, the
20transferee's Firearm Owner's Identification Card number and
21any approval number or documentation provided by the Illinois
22State Police pursuant to subsection (a-10) of this Section; if
23the transfer was not completed within this State, the record
24shall contain the name and address of the transferee. On or
25after January 1, 2006, the record shall contain the date of
26application for transfer of the firearm. On demand of a peace

 

 

HB2355- 27 -LRB103 26386 RLC 52749 b

1officer such transferor shall produce for inspection such
2record of transfer. For any transfer pursuant to subsection
3(a-10) of this Section, on the demand of a peace officer, such
4transferee shall identify the federally licensed firearm
5dealer maintaining the transfer record. If the transfer or
6sale took place at a gun show, the record shall include the
7unique identification number. Failure to record the unique
8identification number or approval number is a petty offense.
9For transfers of a firearm, stun gun, or taser made on or after
10January 18, 2019 (the effective date of Public Act 100-1178),
11or the transfer of a flamethrower made on or after the
12effective date of this amendatory Act of the 103rd General
13Assembly, failure by the private seller to maintain the
14transfer records in accordance with this Section, or failure
15by a transferee pursuant to subsection a-10 of this Section to
16identify the federally licensed firearm dealer maintaining the
17transfer record, is a Class A misdemeanor for the first
18offense and a Class 4 felony for a second or subsequent offense
19occurring within 10 years of the first offense and the second
20offense was committed after conviction of the first offense.
21Whenever any person who has not previously been convicted of
22any violation of subsection (a-5), the court may grant
23supervision pursuant to and consistent with the limitations of
24Section 5-6-1 of the Unified Code of Corrections. A transferee
25or transferor shall not be criminally liable under this
26Section provided that he or she provides the Illinois State

 

 

HB2355- 28 -LRB103 26386 RLC 52749 b

1Police with the transfer records in accordance with procedures
2established by the Illinois State Police. The Illinois State
3Police shall establish, by rule, a standard form on its
4website.
5    (b-5) Any resident may purchase ammunition from a person
6within or outside of Illinois if shipment is by United States
7mail or by a private express carrier authorized by federal law
8to ship ammunition. Any resident purchasing ammunition within
9or outside the State of Illinois must provide the seller with a
10copy of his or her valid Firearm Owner's Identification Card
11or valid concealed carry license and either his or her
12Illinois driver's license or Illinois State Identification
13Card prior to the shipment of the ammunition. The ammunition
14may be shipped only to an address on either of those 2
15documents.
16    (c) The provisions of this Section regarding the transfer
17of firearm ammunition shall not apply to those persons
18specified in paragraph (b) of Section 2 of this Act.
19(Source: P.A. 102-237, eff. 1-1-24; 102-538, eff. 8-20-21;
20102-813, eff. 5-13-22; 102-1116, eff. 1-10-23.)
 
21    (430 ILCS 65/3.1)  (from Ch. 38, par. 83-3.1)
22    Sec. 3.1. Firearm Transfer Inquiry Program.
23    (a) The Illinois State Police shall provide a dial up
24telephone system or utilize other existing technology which
25shall be used by any federally licensed firearm dealer, gun

 

 

HB2355- 29 -LRB103 26386 RLC 52749 b

1show promoter, or gun show vendor who is to transfer a firearm,
2stun gun, or taser, or flamethrower under the provisions of
3this Act. The Illinois State Police may utilize existing
4technology which allows the caller to be charged a fee not to
5exceed $2. Fees collected by the Illinois State Police shall
6be deposited in the State Police Firearm Services Fund and
7used to provide the service.
8    (b) Upon receiving a request from a federally licensed
9firearm dealer, gun show promoter, or gun show vendor, the
10Illinois State Police shall immediately approve or, within the
11time period established by Section 24-3 of the Criminal Code
12of 2012 regarding the delivery of firearms, stun guns, and
13tasers, and flamethrowers notify the inquiring dealer, gun
14show promoter, or gun show vendor of any objection that would
15disqualify the transferee from acquiring or possessing a
16firearm, stun gun, or taser, or flamethrower. In conducting
17the inquiry, the Illinois State Police shall initiate and
18complete an automated search of its criminal history record
19information files and those of the Federal Bureau of
20Investigation, including the National Instant Criminal
21Background Check System, and of the files of the Department of
22Human Services relating to mental health and developmental
23disabilities to obtain any felony conviction or patient
24hospitalization information which would disqualify a person
25from obtaining or require revocation of a currently valid
26Firearm Owner's Identification Card.

 

 

HB2355- 30 -LRB103 26386 RLC 52749 b

1    (b-5) By January 1, 2023, the Illinois State Police shall
2by rule provide a process for the automatic renewal of the
3Firearm Owner's Identification Card of a person at the time of
4an inquiry in subsection (b). Persons eligible for this
5process must have a set of fingerprints on file with their
6applications under either subsection (a-25) of Section 4 or
7the Firearm Concealed Carry Act.
8    (c) If receipt of a firearm would not violate Section 24-3
9of the Criminal Code of 2012, federal law, or this Act, the
10Illinois State Police shall:
11        (1) assign a unique identification number to the
12    transfer; and
13        (2) provide the licensee, gun show promoter, or gun
14    show vendor with the number.
15    (d) Approvals issued by the Illinois State Police for the
16purchase of a firearm are valid for 30 days from the date of
17issue.
18    (e) (1) The Illinois State Police must act as the Illinois
19Point of Contact for the National Instant Criminal Background
20Check System.
21    (2) The Illinois State Police and the Department of Human
22Services shall, in accordance with State and federal law
23regarding confidentiality, enter into a memorandum of
24understanding with the Federal Bureau of Investigation for the
25purpose of implementing the National Instant Criminal
26Background Check System in the State. The Illinois State

 

 

HB2355- 31 -LRB103 26386 RLC 52749 b

1Police shall report the name, date of birth, and physical
2description of any person prohibited from possessing a firearm
3pursuant to the Firearm Owners Identification Card Act or 18
4U.S.C. 922(g) and (n) to the National Instant Criminal
5Background Check System Index, Denied Persons Files.
6    (3) The Illinois State Police shall provide notice of the
7disqualification of a person under subsection (b) of this
8Section or the revocation of a person's Firearm Owner's
9Identification Card under Section 8 or Section 8.2 of this
10Act, and the reason for the disqualification or revocation, to
11all law enforcement agencies with jurisdiction to assist with
12the seizure of the person's Firearm Owner's Identification
13Card.
14    (f) The Illinois State Police shall adopt rules not
15inconsistent with this Section to implement this system.
16(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
17102-813, eff. 5-13-22.)
 
18    Section 10. The Criminal Code of 2012 is amended by
19changing Section 24-3 as follows:
 
20    (720 ILCS 5/24-3)  (from Ch. 38, par. 24-3)
21    Sec. 24-3. Unlawful sale or delivery of firearms.
22    (A) A person commits the offense of unlawful sale or
23delivery of firearms when he or she knowingly does any of the
24following:

 

 

HB2355- 32 -LRB103 26386 RLC 52749 b

1        (a) Sells or gives any firearm of a size which may be
2    concealed upon the person to any person under 18 years of
3    age.
4        (b) Sells or gives any firearm to a person under 21
5    years of age who has been convicted of a misdemeanor other
6    than a traffic offense or adjudged delinquent.
7        (c) Sells or gives any firearm to any narcotic addict.
8        (d) Sells or gives any firearm to any person who has
9    been convicted of a felony under the laws of this or any
10    other jurisdiction.
11        (e) Sells or gives any firearm to any person who has
12    been a patient in a mental institution within the past 5
13    years. In this subsection (e):
14            "Mental institution" means any hospital,
15        institution, clinic, evaluation facility, mental
16        health center, or part thereof, which is used
17        primarily for the care or treatment of persons with
18        mental illness.
19            "Patient in a mental institution" means the person
20        was admitted, either voluntarily or involuntarily, to
21        a mental institution for mental health treatment,
22        unless the treatment was voluntary and solely for an
23        alcohol abuse disorder and no other secondary
24        substance abuse disorder or mental illness.
25        (f) Sells or gives any firearms to any person who is a
26    person with an intellectual disability.

 

 

HB2355- 33 -LRB103 26386 RLC 52749 b

1        (g) Delivers any firearm or flamethrower, incidental
2    to a sale, without withholding delivery of the firearm or
3    flamethrower for at least 72 hours after application for
4    its purchase has been made, or delivers a stun gun or
5    taser, incidental to a sale, without withholding delivery
6    of the stun gun or taser for at least 24 hours after
7    application for its purchase has been made. However, this
8    paragraph (g) does not apply to: (1) the sale of a firearm
9    or flamethrower to a law enforcement officer if the seller
10    of the firearm or flamethrower knows that the person to
11    whom he or she is selling the firearm or flamethrower is a
12    law enforcement officer or the sale of a firearm or
13    flamethrower to a person who desires to purchase a firearm
14    or flamethrower for use in promoting the public interest
15    incident to his or her employment as a bank guard, armed
16    truck guard, or other similar employment; (2) a mail order
17    sale of a firearm or flamethrower from a federally
18    licensed firearms dealer to a nonresident of Illinois
19    under which the firearm or flamethrower is mailed to a
20    federally licensed firearms dealer outside the boundaries
21    of Illinois; (3) (blank); (4) the sale of a firearm or
22    flamethrower to a dealer licensed as a federal firearms
23    dealer under Section 923 of the federal Gun Control Act of
24    1968 (18 U.S.C. 923); or (5) the transfer or sale of any
25    rifle, shotgun, or other long gun to a resident registered
26    competitor or attendee or non-resident registered

 

 

HB2355- 34 -LRB103 26386 RLC 52749 b

1    competitor or attendee by any dealer licensed as a federal
2    firearms dealer under Section 923 of the federal Gun
3    Control Act of 1968 at competitive shooting events held at
4    the World Shooting Complex sanctioned by a national
5    governing body. For purposes of transfers or sales under
6    subparagraph (5) of this paragraph (g), the Department of
7    Natural Resources shall give notice to the Illinois State
8    Police at least 30 calendar days prior to any competitive
9    shooting events at the World Shooting Complex sanctioned
10    by a national governing body. The notification shall be
11    made on a form prescribed by the Illinois State Police.
12    The sanctioning body shall provide a list of all
13    registered competitors and attendees at least 24 hours
14    before the events to the Illinois State Police. Any
15    changes to the list of registered competitors and
16    attendees shall be forwarded to the Illinois State Police
17    as soon as practicable. The Illinois State Police must
18    destroy the list of registered competitors and attendees
19    no later than 30 days after the date of the event. Nothing
20    in this paragraph (g) relieves a federally licensed
21    firearm dealer from the requirements of conducting a NICS
22    background check through the Illinois Point of Contact
23    under 18 U.S.C. 922(t). For purposes of this paragraph
24    (g):
25            "Application , "application" means when the buyer
26        and seller reach an agreement to purchase a firearm.

 

 

HB2355- 35 -LRB103 26386 RLC 52749 b

1        For purposes of this paragraph (g), "national
2            "Flamethrower" has the meaning ascribed to it in
3        Section 1.1 of the Firearm Owners Identification Card
4        Act.
5            "National governing body" means a group of persons
6        who adopt rules and formulate policy on behalf of a
7        national firearm sporting organization.
8        (h) While holding any license as a dealer, importer,
9    manufacturer or pawnbroker under the federal Gun Control
10    Act of 1968, manufactures, sells or delivers to any
11    unlicensed person a handgun having a barrel, slide, frame
12    or receiver which is a die casting of zinc alloy or any
13    other nonhomogeneous metal which will melt or deform at a
14    temperature of less than 800 degrees Fahrenheit. For
15    purposes of this paragraph, (1) "firearm" is defined as in
16    the Firearm Owners Identification Card Act; and (2)
17    "handgun" is defined as a firearm designed to be held and
18    fired by the use of a single hand, and includes a
19    combination of parts from which such a firearm can be
20    assembled.
21        (i) Sells or gives a firearm of any size to any person
22    under 18 years of age who does not possess a valid Firearm
23    Owner's Identification Card.
24        (j) Sells or gives a firearm while engaged in the
25    business of selling firearms at wholesale or retail
26    without being licensed as a federal firearms dealer under

 

 

HB2355- 36 -LRB103 26386 RLC 52749 b

1    Section 923 of the federal Gun Control Act of 1968 (18
2    U.S.C. 923). In this paragraph (j):
3        A person "engaged in the business" means a person who
4    devotes time, attention, and labor to engaging in the
5    activity as a regular course of trade or business with the
6    principal objective of livelihood and profit, but does not
7    include a person who makes occasional repairs of firearms
8    or who occasionally fits special barrels, stocks, or
9    trigger mechanisms to firearms.
10        "With the principal objective of livelihood and
11    profit" means that the intent underlying the sale or
12    disposition of firearms is predominantly one of obtaining
13    livelihood and pecuniary gain, as opposed to other
14    intents, such as improving or liquidating a personal
15    firearms collection; however, proof of profit shall not be
16    required as to a person who engages in the regular and
17    repetitive purchase and disposition of firearms for
18    criminal purposes or terrorism.
19        (k) Sells or transfers ownership of a firearm to a
20    person who does not display to the seller or transferor of
21    the firearm either: (1) a currently valid Firearm Owner's
22    Identification Card that has previously been issued in the
23    transferee's name by the Illinois State Police under the
24    provisions of the Firearm Owners Identification Card Act;
25    or (2) a currently valid license to carry a concealed
26    firearm that has previously been issued in the

 

 

HB2355- 37 -LRB103 26386 RLC 52749 b

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

 

 

HB2355- 38 -LRB103 26386 RLC 52749 b

1    converted. It may be inferred that a person who possesses
2    a firearm with knowledge that its serial number has been
3    removed or altered has knowledge that the firearm is
4    stolen or converted.
5    (B) Paragraph (h) of subsection (A) does not include
6firearms sold within 6 months after enactment of Public Act
778-355 (approved August 21, 1973, effective October 1, 1973),
8nor is any firearm legally owned or possessed by any citizen or
9purchased by any citizen within 6 months after the enactment
10of Public Act 78-355 subject to confiscation or seizure under
11the provisions of that Public Act. Nothing in Public Act
1278-355 shall be construed to prohibit the gift or trade of any
13firearm if that firearm was legally held or acquired within 6
14months after the enactment of that Public Act.
15    (C) Sentence.
16        (1) Any person convicted of unlawful sale or delivery
17    of firearms in violation of paragraph (c), (e), (f), (g),
18    or (h) of subsection (A) commits a Class 4 felony.
19        (2) Any person convicted of unlawful sale or delivery
20    of firearms in violation of paragraph (b) or (i) of
21    subsection (A) commits a Class 3 felony.
22        (3) Any person convicted of unlawful sale or delivery
23    of firearms in violation of paragraph (a) of subsection
24    (A) commits a Class 2 felony.
25        (4) Any person convicted of unlawful sale or delivery
26    of firearms in violation of paragraph (a), (b), or (i) of

 

 

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

 

 

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

 

 

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1    that was sold or given to another person under 18 years of
2    age was used in the commission of or attempt to commit a
3    forcible felony, shall be fined or imprisoned, or both,
4    not to exceed the maximum provided for the most serious
5    forcible felony so committed or attempted by the person
6    under 18 years of age who was sold or given the firearm.
7        (9) Any person convicted of unlawful sale or delivery
8    of firearms in violation of paragraph (d) of subsection
9    (A) commits a Class 3 felony.
10        (10) Any person convicted of unlawful sale or delivery
11    of firearms in violation of paragraph (l) of subsection
12    (A) commits a Class 2 felony if the delivery is of one
13    firearm. Any person convicted of unlawful sale or delivery
14    of firearms in violation of paragraph (l) of subsection
15    (A) commits a Class 1 felony if the delivery is of not less
16    than 2 and not more than 5 firearms at the same time or
17    within a one-year period. Any person convicted of unlawful
18    sale or delivery of firearms in violation of paragraph (l)
19    of subsection (A) commits a Class X felony for which he or
20    she shall be sentenced to a term of imprisonment of not
21    less than 6 years and not more than 30 years if the
22    delivery is of not less than 6 and not more than 10
23    firearms at the same time or within a 2-year period. Any
24    person convicted of unlawful sale or delivery of firearms
25    in violation of paragraph (l) of subsection (A) commits a
26    Class X felony for which he or she shall be sentenced to a

 

 

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1    term of imprisonment of not less than 6 years and not more
2    than 40 years if the delivery is of not less than 11 and
3    not more than 20 firearms at the same time or within a
4    3-year period. Any person convicted of unlawful sale or
5    delivery of firearms in violation of paragraph (l) of
6    subsection (A) commits a Class X felony for which he or she
7    shall be sentenced to a term of imprisonment of not less
8    than 6 years and not more than 50 years if the delivery is
9    of not less than 21 and not more than 30 firearms at the
10    same time or within a 4-year period. Any person convicted
11    of unlawful sale or delivery of firearms in violation of
12    paragraph (l) of subsection (A) commits a Class X felony
13    for which he or she shall be sentenced to a term of
14    imprisonment of not less than 6 years and not more than 60
15    years if the delivery is of 31 or more firearms at the same
16    time or within a 5-year period.
17    (D) For purposes of this Section:
18    "School" means a public or private elementary or secondary
19school, community college, college, or university.
20    "School related activity" means any sporting, social,
21academic, or other activity for which students' attendance or
22participation is sponsored, organized, or funded in whole or
23in part by a school or school district.
24    (E) A prosecution for a violation of paragraph (k) of
25subsection (A) of this Section may be commenced within 6 years
26after the commission of the offense. A prosecution for a

 

 

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1violation of this Section other than paragraph (g) of
2subsection (A) of this Section may be commenced within 5 years
3after the commission of the offense defined in the particular
4paragraph.
5(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
6102-813, eff. 5-13-22.)
 
7    Section 95. No acceleration or delay. Where this Act makes
8changes in a statute that is represented in this Act by text
9that is not yet or no longer in effect (for example, a Section
10represented by multiple versions), the use of that text does
11not accelerate or delay the taking effect of (i) the changes
12made by this Act or (ii) provisions derived from any other
13Public Act.