103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3239

 

Introduced 2/17/2023, by Rep. Maura Hirschauer

 

SYNOPSIS AS INTRODUCED:
 
430 ILCS 65/3.4 new
430 ILCS 65/4  from Ch. 38, par. 83-4
430 ILCS 65/8  from Ch. 38, par. 83-8
720 ILCS 5/24-3  from Ch. 38, par. 24-3
720 ILCS 5/24-3.5

    Amends the Firearm Owners Identification Card Act. Provides that, if an applicant is applying for or renewing a Firearm Owner's Identification Card, he or she must submit evidence to the Illinois State Police that he or she has completed at least 8 hours of handgun safety training approved by the Director of the Illinois State Police. Provides that notwithstanding any other law to the contrary, each local law enforcement agency shall issue a firearm permit to an applicant who seeks the purchase of a firearm to verify the identity of the purchaser and shall complete a full criminal background check of the applicant that includes obtaining fingerprints from the prospective firearm purchaser. Provides that each local law enforcement agency shall keep records of those permits and make them available to the Illinois State Police through the Law Enforcement Agencies Data System (LEADS). Provides that the duration of the permit shall be 10 days after its issuance. Provides that the local law enforcement agency may deny a permit to purchase a firearm to an applicant if the agency, in its discretion, believes it is in the interest of public safety. Amends the Criminal Code of 2012 to make conforming changes.


LRB103 27318 RLC 53689 b

 

 

A BILL FOR

 

HB3239LRB103 27318 RLC 53689 b

1    AN ACT concerning firearms.
 
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 Sections 4 and 8 and by adding Section 3.4
6as follows:
 
7    (430 ILCS 65/3.4 new)
8    Sec. 3.4. Firearms transfers; permits.
9    (a) Notwithstanding any other law to the contrary, each
10local law enforcement agency shall issue a firearm permit to
11an applicant who seeks the purchase of a firearm to verify the
12identity of the purchaser and shall complete a full criminal
13background check of the applicant that includes obtaining
14fingerprints from the prospective firearm purchaser.
15    (b) Each local law enforcement agency shall keep records
16of those permits and make them available to the Illinois State
17Police through the Law Enforcement Agencies Data System
18(LEADS).
19    (c) The duration of the permit shall be 10 days after its
20issuance.
21    (d) The local law enforcement agency may deny a permit to
22purchase a firearm to an applicant if the agency, in its
23discretion, believes it is in the interest of public safety.

 

 

HB3239- 2 -LRB103 27318 RLC 53689 b

1    (e) Prior to the purchase of a firearm, a person must
2submit the permit issued by the local law enforcement agency
3to the dealer or transferor of the firearm.
4    (f) In this Section, "local law enforcement agency" means
5the municipal police department of the municipality in which
6the applicant for the firearm purchase resides, or if the
7applicant resides in an unincorporated area, or if no
8municipal police department exists in the applicant's
9municipality of residence, then "local law enforcement agency"
10means the office of the sheriff of the county of the
11applicant's residence.
 
12    (430 ILCS 65/4)  (from Ch. 38, par. 83-4)
13    Sec. 4. Application for Firearm Owner's Identification
14Cards.
15    (a) Each applicant for a Firearm Owner's Identification
16Card must:
17        (1) Submit an application as made available by the
18    Illinois State Police; and
19        (2) Submit evidence to the Illinois State Police that:
20            (i) This subparagraph (i) applies through the
21        180th day following July 12, 2019 (the effective date
22        of Public Act 101-80). He or she is 21 years of age or
23        over, or if he or she is under 21 years of age that he
24        or she has the written consent of his or her parent or
25        legal guardian to possess and acquire firearms and

 

 

HB3239- 3 -LRB103 27318 RLC 53689 b

1        firearm ammunition and that he or she has never been
2        convicted of a misdemeanor other than a traffic
3        offense or adjudged delinquent, provided, however,
4        that such parent or legal guardian is not an
5        individual prohibited from having a Firearm Owner's
6        Identification Card and files an affidavit with the
7        Department as prescribed by the Department stating
8        that he or she is not an individual prohibited from
9        having a Card;
10            (i-5) This subparagraph (i-5) applies on and after
11        the 181st day following July 12, 2019 (the effective
12        date of Public Act 101-80). He or she is 21 years of
13        age or over, or if he or she is under 21 years of age
14        that he or she has never been convicted of a
15        misdemeanor other than a traffic offense or adjudged
16        delinquent and is an active duty member of the United
17        States Armed Forces or the Illinois National Guard or
18        has the written consent of his or her parent or legal
19        guardian to possess and acquire firearms and firearm
20        ammunition, provided, however, that such parent or
21        legal guardian is not an individual prohibited from
22        having a Firearm Owner's Identification Card and files
23        an affidavit with the Illinois State Police as
24        prescribed by the Illinois State Police stating that
25        he or she is not an individual prohibited from having a
26        Card or the active duty member of the United States

 

 

HB3239- 4 -LRB103 27318 RLC 53689 b

1        Armed Forces or the Illinois National Guard under 21
2        years of age annually submits proof to the Illinois
3        State Police, in a manner prescribed by the Illinois
4        State Police;
5            (ii) He or she has not been convicted of a felony
6        under the laws of this or any other jurisdiction;
7            (iii) He or she is not addicted to narcotics;
8            (iv) He or she has not been a patient in a mental
9        health facility within the past 5 years or, if he or
10        she has been a patient in a mental health facility more
11        than 5 years ago submit the certification required
12        under subsection (u) of Section 8 of this Act;
13            (v) He or she is not a person with an intellectual
14        disability;
15            (vi) He or she is not a noncitizen who is
16        unlawfully present in the United States under the laws
17        of the United States;
18            (vii) He or she is not subject to an existing order
19        of protection prohibiting him or her from possessing a
20        firearm;
21            (viii) He or she has not been convicted within the
22        past 5 years of battery, assault, aggravated assault,
23        violation of an order of protection, or a
24        substantially similar offense in another jurisdiction,
25        in which a firearm was used or possessed;
26            (ix) He or she has not been convicted of domestic

 

 

HB3239- 5 -LRB103 27318 RLC 53689 b

1        battery, aggravated domestic battery, or a
2        substantially similar offense in another jurisdiction
3        committed before, on or after January 1, 2012 (the
4        effective date of Public Act 97-158). If the applicant
5        knowingly and intelligently waives the right to have
6        an offense described in this clause (ix) tried by a
7        jury, and by guilty plea or otherwise, results in a
8        conviction for an offense in which a domestic
9        relationship is not a required element of the offense
10        but in which a determination of the applicability of
11        18 U.S.C. 922(g)(9) is made under Section 112A-11.1 of
12        the Code of Criminal Procedure of 1963, an entry by the
13        court of a judgment of conviction for that offense
14        shall be grounds for denying the issuance of a Firearm
15        Owner's Identification Card under this Section;
16            (x) (Blank);
17            (xi) He or she is not a noncitizen who has been
18        admitted to the United States under a non-immigrant
19        visa (as that term is defined in Section 101(a)(26) of
20        the Immigration and Nationality Act (8 U.S.C.
21        1101(a)(26))), or that he or she is a noncitizen who
22        has been lawfully admitted to the United States under
23        a non-immigrant visa if that noncitizen is:
24                (1) admitted to the United States for lawful
25            hunting or sporting purposes;
26                (2) an official representative of a foreign

 

 

HB3239- 6 -LRB103 27318 RLC 53689 b

1            government who is:
2                    (A) accredited to the United States
3                Government or the Government's mission to an
4                international organization having its
5                headquarters in the United States; or
6                    (B) en route to or from another country to
7                which that noncitizen is accredited;
8                (3) an official of a foreign government or
9            distinguished foreign visitor who has been so
10            designated by the Department of State;
11                (4) a foreign law enforcement officer of a
12            friendly foreign government entering the United
13            States on official business; or
14                (5) one who has received a waiver from the
15            Attorney General of the United States pursuant to
16            18 U.S.C. 922(y)(3);
17            (xii) He or she is not a minor subject to a
18        petition filed under Section 5-520 of the Juvenile
19        Court Act of 1987 alleging that the minor is a
20        delinquent minor for the commission of an offense that
21        if committed by an adult would be a felony;
22            (xiii) He or she is not an adult who had been
23        adjudicated a delinquent minor under the Juvenile
24        Court Act of 1987 for the commission of an offense that
25        if committed by an adult would be a felony;
26            (xiv) He or she is a resident of the State of

 

 

HB3239- 7 -LRB103 27318 RLC 53689 b

1        Illinois;
2            (xv) He or she has not been adjudicated as a person
3        with a mental disability;
4            (xvi) He or she has not been involuntarily
5        admitted into a mental health facility; and
6            (xvii) He or she is not a person with a
7        developmental disability; and
8            (xviii) If he or she is applying for or renewing a
9    Firearm Owner's Identification Card, that he or she has
10    completed at least 8 hours of handgun safety training
11    approved by the Director of the Illinois State Police; and
12        (3) Upon request by the Illinois State Police, sign a
13    release on a form prescribed by the Illinois State Police
14    waiving any right to confidentiality and requesting the
15    disclosure to the Illinois State Police of limited mental
16    health institution admission information from another
17    state, the District of Columbia, any other territory of
18    the United States, or a foreign nation concerning the
19    applicant for the sole purpose of determining whether the
20    applicant is or was a patient in a mental health
21    institution and disqualified because of that status from
22    receiving a Firearm Owner's Identification Card. No mental
23    health care or treatment records may be requested. The
24    information received shall be destroyed within one year of
25    receipt.
26    (a-5) Each applicant for a Firearm Owner's Identification

 

 

HB3239- 8 -LRB103 27318 RLC 53689 b

1Card who is over the age of 18 shall furnish to the Illinois
2State Police either his or her Illinois driver's license
3number or Illinois Identification Card number, except as
4provided in subsection (a-10).
5    (a-10) Each applicant for a Firearm Owner's Identification
6Card, who is employed as a law enforcement officer, an armed
7security officer in Illinois, or by the United States Military
8permanently assigned in Illinois and who is not an Illinois
9resident, shall furnish to the Illinois State Police his or
10her driver's license number or state identification card
11number from his or her state of residence. The Illinois State
12Police may adopt rules to enforce the provisions of this
13subsection (a-10).
14    (a-15) If an applicant applying for a Firearm Owner's
15Identification Card moves from the residence address named in
16the application, he or she shall immediately notify in a form
17and manner prescribed by the Illinois State Police of that
18change of address.
19    (a-20) Each applicant for a Firearm Owner's Identification
20Card shall furnish to the Illinois State Police his or her
21photograph. An applicant who is 21 years of age or older
22seeking a religious exemption to the photograph requirement
23must furnish with the application an approved copy of United
24States Department of the Treasury Internal Revenue Service
25Form 4029. In lieu of a photograph, an applicant regardless of
26age seeking a religious exemption to the photograph

 

 

HB3239- 9 -LRB103 27318 RLC 53689 b

1requirement shall submit fingerprints on a form and manner
2prescribed by the Illinois State Police with his or her
3application.
4    (a-25) Beginning January 1, 2023, each applicant for the
5issuance of a Firearm Owner's Identification Card may include
6a full set of his or her fingerprints in electronic format to
7the Illinois State Police, unless the applicant has previously
8provided a full set of his or her fingerprints to the Illinois
9State Police under this Act or the Firearm Concealed Carry
10Act.
11    The fingerprints must be transmitted through a live scan
12fingerprint vendor licensed by the Department of Financial and
13Professional Regulation. The fingerprints shall be checked
14against the fingerprint records now and hereafter filed in the
15Illinois State Police and Federal Bureau of Investigation
16criminal history records databases, including all available
17State and local criminal history record information files.
18    The Illinois State Police shall charge applicants a
19one-time fee for conducting the criminal history record check,
20which shall be deposited into the State Police Services Fund
21and shall not exceed the actual cost of the State and national
22criminal history record check.
23    (a-26) The Illinois State Police shall research, explore,
24and report to the General Assembly by January 1, 2022 on the
25feasibility of permitting voluntarily submitted fingerprints
26obtained for purposes other than Firearm Owner's

 

 

HB3239- 10 -LRB103 27318 RLC 53689 b

1Identification Card enforcement that are contained in the
2Illinois State Police database for purposes of this Act.
3    (b) Each application form shall include the following
4statement printed in bold type: "Warning: Entering false
5information on an application for a Firearm Owner's
6Identification Card is punishable as a Class 2 felony in
7accordance with subsection (d-5) of Section 14 of the Firearm
8Owners Identification Card Act.".
9    (c) Upon such written consent, pursuant to Section 4,
10paragraph (a)(2)(i), the parent or legal guardian giving the
11consent shall be liable for any damages resulting from the
12applicant's use of firearms or firearm ammunition.
13(Source: P.A. 101-80, eff. 7-12-19; 102-237, eff. 1-1-22;
14102-538, eff. 8-20-21; 102-813, eff. 5-13-22; 102-1030, eff.
155-27-22; 102-1116, eff. 1-10-23.)
 
16    (430 ILCS 65/8)  (from Ch. 38, par. 83-8)
17    Sec. 8. Grounds for denial and revocation. The Illinois
18State Police has authority to deny an application for or to
19revoke and seize a Firearm Owner's Identification Card
20previously issued under this Act only if the Illinois State
21Police finds that the applicant or the person to whom such card
22was issued is or was at the time of issuance:
23        (a) A person under 21 years of age who has been
24    convicted of a misdemeanor other than a traffic offense or
25    adjudged delinquent;

 

 

HB3239- 11 -LRB103 27318 RLC 53689 b

1        (b) This subsection (b) applies through the 180th day
2    following July 12, 2019 (the effective date of Public Act
3    101-80). A person under 21 years of age who does not have
4    the written consent of his parent or guardian to acquire
5    and possess firearms and firearm ammunition, or whose
6    parent or guardian has revoked such written consent, or
7    where such parent or guardian does not qualify to have a
8    Firearm Owner's Identification Card;
9        (b-5) This subsection (b-5) applies on and after the
10    181st day following July 12, 2019 (the effective date of
11    Public Act 101-80). A person under 21 years of age who is
12    not an active duty member of the United States Armed
13    Forces or the Illinois National Guard and does not have
14    the written consent of his or her parent or guardian to
15    acquire and possess firearms and firearm ammunition, or
16    whose parent or guardian has revoked such written consent,
17    or where such parent or guardian does not qualify to have a
18    Firearm Owner's Identification Card;
19        (c) A person convicted of a felony under the laws of
20    this or any other jurisdiction;
21        (d) A person addicted to narcotics;
22        (e) A person who has been a patient of a mental health
23    facility within the past 5 years or a person who has been a
24    patient in a mental health facility more than 5 years ago
25    who has not received the certification required under
26    subsection (u) of this Section. An active law enforcement

 

 

HB3239- 12 -LRB103 27318 RLC 53689 b

1    officer employed by a unit of government or a Department
2    of Corrections employee authorized to possess firearms who
3    is denied, revoked, or has his or her Firearm Owner's
4    Identification Card seized under this subsection (e) may
5    obtain relief as described in subsection (c-5) of Section
6    10 of this Act if the officer or employee did not act in a
7    manner threatening to the officer or employee, another
8    person, or the public as determined by the treating
9    clinical psychologist or physician, and the officer or
10    employee seeks mental health treatment;
11        (f) A person whose mental condition is of such a
12    nature that it poses a clear and present danger to the
13    applicant, any other person or persons, or the community;
14        (g) A person who has an intellectual disability;
15        (h) A person who intentionally makes a false statement
16    in the Firearm Owner's Identification Card application or
17    endorsement affidavit;
18        (i) A noncitizen who is unlawfully present in the
19    United States under the laws of the United States;
20        (i-5) A noncitizen who has been admitted to the United
21    States under a non-immigrant visa (as that term is defined
22    in Section 101(a)(26) of the Immigration and Nationality
23    Act (8 U.S.C. 1101(a)(26))), except that this subsection
24    (i-5) does not apply to any noncitizen who has been
25    lawfully admitted to the United States under a
26    non-immigrant visa if that noncitizen is:

 

 

HB3239- 13 -LRB103 27318 RLC 53689 b

1            (1) admitted to the United States for lawful
2        hunting or sporting purposes;
3            (2) an official representative of a foreign
4        government who is:
5                (A) accredited to the United States Government
6            or the Government's mission to an international
7            organization having its headquarters in the United
8            States; or
9                (B) en route to or from another country to
10            which that noncitizen is accredited;
11            (3) an official of a foreign government or
12        distinguished foreign visitor who has been so
13        designated by the Department of State;
14            (4) a foreign law enforcement officer of a
15        friendly foreign government entering the United States
16        on official business; or
17            (5) one who has received a waiver from the
18        Attorney General of the United States pursuant to 18
19        U.S.C. 922(y)(3);
20        (j) (Blank);
21        (k) A person who has been convicted within the past 5
22    years of battery, assault, aggravated assault, violation
23    of an order of protection, or a substantially similar
24    offense in another jurisdiction, in which a firearm was
25    used or possessed;
26        (l) A person who has been convicted of domestic

 

 

HB3239- 14 -LRB103 27318 RLC 53689 b

1    battery, aggravated domestic battery, or a substantially
2    similar offense in another jurisdiction committed before,
3    on or after January 1, 2012 (the effective date of Public
4    Act 97-158). If the applicant or person who has been
5    previously issued a Firearm Owner's Identification Card
6    under this Act knowingly and intelligently waives the
7    right to have an offense described in this paragraph (l)
8    tried by a jury, and by guilty plea or otherwise, results
9    in a conviction for an offense in which a domestic
10    relationship is not a required element of the offense but
11    in which a determination of the applicability of 18 U.S.C.
12    922(g)(9) is made under Section 112A-11.1 of the Code of
13    Criminal Procedure of 1963, an entry by the court of a
14    judgment of conviction for that offense shall be grounds
15    for denying an application for and for revoking and
16    seizing a Firearm Owner's Identification Card previously
17    issued to the person under this Act;
18        (m) (Blank);
19        (n) A person who is prohibited from acquiring or
20    possessing firearms or firearm ammunition by any Illinois
21    State statute or by federal law;
22        (o) A minor subject to a petition filed under Section
23    5-520 of the Juvenile Court Act of 1987 alleging that the
24    minor is a delinquent minor for the commission of an
25    offense that if committed by an adult would be a felony;
26        (p) An adult who had been adjudicated a delinquent

 

 

HB3239- 15 -LRB103 27318 RLC 53689 b

1    minor under the Juvenile Court Act of 1987 for the
2    commission of an offense that if committed by an adult
3    would be a felony;
4        (q) A person who is not a resident of the State of
5    Illinois, except as provided in subsection (a-10) of
6    Section 4;
7        (r) A person who has been adjudicated as a person with
8    a mental disability;
9        (s) A person who has been found to have a
10    developmental disability;
11        (t) A person involuntarily admitted into a mental
12    health facility; or
13        (u) A person who has had his or her Firearm Owner's
14    Identification Card revoked or denied under subsection (e)
15    of this Section or item (iv) of paragraph (2) of
16    subsection (a) of Section 4 of this Act because he or she
17    was a patient in a mental health facility as provided in
18    subsection (e) of this Section, shall not be permitted to
19    obtain a Firearm Owner's Identification Card, after the
20    5-year period has lapsed, unless he or she has received a
21    mental health evaluation by a physician, clinical
22    psychologist, or qualified examiner as those terms are
23    defined in the Mental Health and Developmental
24    Disabilities Code, and has received a certification that
25    he or she is not a clear and present danger to himself,
26    herself, or others. The physician, clinical psychologist,

 

 

HB3239- 16 -LRB103 27318 RLC 53689 b

1    or qualified examiner making the certification and his or
2    her employer shall not be held criminally, civilly, or
3    professionally liable for making or not making the
4    certification required under this subsection, except for
5    willful or wanton misconduct. This subsection does not
6    apply to a person whose firearm possession rights have
7    been restored through administrative or judicial action
8    under Section 10 or 11 of this Act ; or .
9        (v) A person who is applying for or renewing a Firearm
10    Owner's Identification Card and has not completed at least
11    8 hours of handgun safety training approved by the
12    Director of the Illinois State Police.
13    Upon revocation of a person's Firearm Owner's
14Identification Card, the Illinois State Police shall provide
15notice to the person and the person shall comply with Section
169.5 of this Act.
17(Source: P.A. 101-80, eff. 7-12-19; 102-538, eff. 8-20-21;
18102-645, eff. 1-1-22; 102-813, eff. 5-13-22; 102-1030, eff.
195-27-22; 102-1116, eff. 1-10-23.)
 
20    Section 95. The Criminal Code of 2012 is amended by
21changing Sections 24-3 and 24-3.5 as follows:
 
22    (720 ILCS 5/24-3)  (from Ch. 38, par. 24-3)
23    Sec. 24-3. Unlawful sale or delivery of firearms.
24    (A) A person commits the offense of unlawful sale or

 

 

HB3239- 17 -LRB103 27318 RLC 53689 b

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

 

 

HB3239- 18 -LRB103 27318 RLC 53689 b

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

 

 

HB3239- 19 -LRB103 27318 RLC 53689 b

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

 

 

HB3239- 20 -LRB103 27318 RLC 53689 b

1    policy on behalf of a national firearm sporting
2    organization.
3        (h) While holding any license as a dealer, importer,
4    manufacturer or pawnbroker under the federal Gun Control
5    Act of 1968, manufactures, sells or delivers to any
6    unlicensed person a handgun having a barrel, slide, frame
7    or receiver which is a die casting of zinc alloy or any
8    other nonhomogeneous metal which will melt or deform at a
9    temperature of less than 800 degrees Fahrenheit. For
10    purposes of this paragraph, (1) "firearm" is defined as in
11    the Firearm Owners Identification Card Act; and (2)
12    "handgun" is defined as a firearm designed to be held and
13    fired by the use of a single hand, and includes a
14    combination of parts from which such a firearm can be
15    assembled.
16        (i) Sells or gives a firearm of any size to any person
17    under 18 years of age who does not possess a valid Firearm
18    Owner's Identification Card.
19        (j) Sells or gives a firearm while engaged in the
20    business of selling firearms at wholesale or retail
21    without being licensed as a federal firearms dealer under
22    Section 923 of the federal Gun Control Act of 1968 (18
23    U.S.C. 923). In this paragraph (j):
24        A person "engaged in the business" means a person who
25    devotes time, attention, and labor to engaging in the
26    activity as a regular course of trade or business with the

 

 

HB3239- 21 -LRB103 27318 RLC 53689 b

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

 

 

HB3239- 22 -LRB103 27318 RLC 53689 b

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

 

 

HB3239- 23 -LRB103 27318 RLC 53689 b

1    display to the seller or transferor a permit to purchase
2    the firearm issued by the local law enforcement agency
3    under Section 3.4 of the Firearm Owners Identification
4    Card Act.
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

 

 

HB3239- 24 -LRB103 27318 RLC 53689 b

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

 

 

HB3239- 25 -LRB103 27318 RLC 53689 b

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

 

 

HB3239- 26 -LRB103 27318 RLC 53689 b

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

 

 

HB3239- 27 -LRB103 27318 RLC 53689 b

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        (11) Any person convicted of unlawful sale or delivery
18    of firearms in violation of paragraph (m) of subsection
19    (A) commits a Class 1 felony.
20    (D) For purposes of this Section:
21    "School" means a public or private elementary or secondary
22school, community college, college, or university.
23    "School related activity" means any sporting, social,
24academic, or other activity for which students' attendance or
25participation is sponsored, organized, or funded in whole or
26in part by a school or school district.

 

 

HB3239- 28 -LRB103 27318 RLC 53689 b

1    (E) A prosecution for a violation of paragraph (k) of
2subsection (A) of this Section may be commenced within 6 years
3after the commission of the offense. A prosecution for a
4violation of this Section other than paragraph (g) of
5subsection (A) of this Section may be commenced within 5 years
6after the commission of the offense defined in the particular
7paragraph.
8(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
9102-813, eff. 5-13-22.)
 
10    (720 ILCS 5/24-3.5)
11    Sec. 24-3.5. Unlawful purchase of a firearm.
12    (a) For purposes of this Section, "firearms transaction
13record form" means a form:
14        (1) executed by a transferee of a firearm stating: (i)
15    the transferee's name and address (including county or
16    similar political subdivision); (ii) whether the
17    transferee is a citizen of the United States; (iii) the
18    transferee's State of residence; and (iv) the date and
19    place of birth, height, weight, and race of the
20    transferee; and
21        (2) on which the transferee certifies that he or she
22    is not prohibited by federal law from transporting or
23    shipping a firearm in interstate or foreign commerce or
24    receiving a firearm that has been shipped or transported
25    in interstate or foreign commerce or possessing a firearm

 

 

HB3239- 29 -LRB103 27318 RLC 53689 b

1    in or affecting commerce.
2    (b) A person commits the offense of unlawful purchase of a
3firearm who knowingly purchases or attempts to purchase a
4firearm with the intent to deliver that firearm to another
5person who is prohibited by federal or State law from
6possessing a firearm.
7    (c) A person commits the offense of unlawful purchase of a
8firearm when he or she, in purchasing or attempting to
9purchase a firearm, intentionally provides false or misleading
10information on a United States Department of the Treasury,
11Bureau of Alcohol, Tobacco and Firearms firearms transaction
12record form.
13    (c-5) A person commits the offense of unlawful purchase of
14a firearm when he or she, in purchasing or attempting to
15purchase a firearm does not display to the seller or
16transferor of the firearm a permit to purchase the firearm
17issued by the local law enforcement agency under Section 3.4
18of the Firearm Owners Identification Card Act.
19    (d) Exemption. It is not a violation of subsection (b) of
20this Section for a person to make a gift or loan of a firearm
21to a person who is not prohibited by federal or State law from
22possessing a firearm if the transfer of the firearm is made in
23accordance with Section 3 of the Firearm Owners Identification
24Card Act.
25    (e) Sentence.
26        (1) A person who commits the offense of unlawful

 

 

HB3239- 30 -LRB103 27318 RLC 53689 b

1    purchase of a firearm:
2            (A) is guilty of a Class 2 felony for purchasing or
3        attempting to purchase one firearm;
4            (B) is guilty of a Class 1 felony for purchasing or
5        attempting to purchase not less than 2 firearms and
6        not more than 5 firearms at the same time or within a
7        one year period;
8            (C) is guilty of a Class X felony for which the
9        offender shall be sentenced to a term of imprisonment
10        of not less than 9 years and not more than 40 years for
11        purchasing or attempting to purchase not less than 6
12        firearms at the same time or within a 2 year period; .
13            (D) is guilty of a Class 2 felony for purchasing or
14        attempting to purchase a firearm in violation of
15        subsection (c-5).
16        (2) In addition to any other penalty that may be
17    imposed for a violation of this Section, the court may
18    sentence a person convicted of a violation of subsection
19    (c) of this Section to a fine not to exceed $250,000 for
20    each violation.
21    (f) A prosecution for unlawful purchase of a firearm may
22be commenced within 6 years after the commission of the
23offense.
24(Source: P.A. 95-882, eff. 1-1-09.)