Full Text of HB5535 102nd General Assembly
HB5535ham001 102ND GENERAL ASSEMBLY | Rep. Denyse Wang Stoneback Filed: 2/9/2022
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| 1 | | AMENDMENT TO HOUSE BILL 5535
| 2 | | AMENDMENT NO. ______. Amend House Bill 5535 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section .05. This Act may be referred to as the Reduction | 5 | | in Gun Crime Act. | 6 | | Section 1. Short title. This Act may be cited as the | 7 | | Commission on Interstate and Intrastate Trafficking of | 8 | | Firearms Act. | 9 | | Section 5. Commission on Interstate and Intrastate | 10 | | Trafficking of Firearms. | 11 | | (a) The Commission on Interstate and Intrastate | 12 | | Trafficking of Firearms is created within the Illinois State | 13 | | Police to assess the current needs relating to firearms | 14 | | trafficking and advise the Governor and General Assembly on | 15 | | necessary strategies to reduce illegal firearms trafficking. |
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| 1 | | (b)
The Commission shall be composed of the following | 2 | | members: | 3 | | (1) the Director of the Illinois State Police, or his | 4 | | or her designee; | 5 | | (2) the Director of the Office of Firearm Violence | 6 | | Prevention; | 7 | | (3) the President of the Illinois Sheriffs' | 8 | | Association, or his or her designee; | 9 | | (4)
an Illinois sheriff from each of the counties | 10 | | whose gun homicide rate is the highest 5 counties per | 11 | | 100,000 residents, appointed by the sheriff of those | 12 | | counties; | 13 | | (5)
the President of the Illinois Association of | 14 | | Chiefs of Police, or his or her designee; | 15 | | (6) a representative of the local municipal law | 16 | | enforcement agencies from each of the 5 municipalities in | 17 | | Illinois whose gun homicide rate is the highest per | 18 | | 100,000 residents, appointed by the chiefs of police of | 19 | | those municipalities; | 20 | | (7) the Attorney General, or his or her designee; | 21 | | (8) the President of the Illinois States Attorneys | 22 | | Association, or his or her designee; | 23 | | (9)
one Representative, appointed by the Speaker of | 24 | | the House of Representatives; | 25 | | (10)
one Representative, appointed by the Minority | 26 | | Leader of the House of Representatives;
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| 1 | | (11) one Senator, appointed by the President of the | 2 | | Senate; and | 3 | | (12) one Senator, appointed by the Minority Leader of | 4 | | the Senate. | 5 | | (b) The Director of the Illinois State Police shall choose | 6 | | the Chairperson of the Commission. Members shall serve 3-year | 7 | | terms without compensation. The Commission shall form 2 | 8 | | subcommittees, one for interstate gun trafficking solutions | 9 | | and another for intrastate gun trafficking solutions. | 10 | | (c) The Commission shall attempt to seek input and advice | 11 | | from: | 12 | | (1) a law enforcement expert from each of the National | 13 | | Integrated Ballistics Information Network (NIBIN) centers | 14 | | in Illinois that process the most cartridge casings from | 15 | | crime scenes; | 16 | | (2) a law enforcement expert from the Crime Gun | 17 | | Intelligence Center (CGIC) in Illinois with experience | 18 | | with gun trafficking cases in Illinois; | 19 | | (3) an individual with experience working with a joint | 20 | | federal and local task force to disrupt the gun | 21 | | trafficking network; | 22 | | (4) a prosecutor with experience prosecuting gun | 23 | | trafficking cases in another state where that state's gun | 24 | | trafficking cases has achieved high rates of successful | 25 | | prosecution nominated by the National District Attorneys | 26 | | Association; |
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| 1 | | (5) a representative from the Federal Bureau of | 2 | | Investigation who has extensive experience with gun | 3 | | trafficking cases in Illinois; | 4 | | (6) the Special Agent in Charge of the offices of the | 5 | | Bureau of Alcohol Tobacco, Firearms and Explosives (ATF), | 6 | | or his or her designee in each of the neighboring states of | 7 | | Illinois: Wisconsin, Iowa, Missouri, Kentucky, and | 8 | | Indiana; and | 9 | | (7) the Special Agent in Charge of each of the offices | 10 | | of the Bureau of Alcohol Tobacco, Firearms and Explosives | 11 | | (ATF), or his or her designee, in each of the states with | 12 | | the highest incidence of gun trafficking to and from | 13 | | Illinois.
| 14 | | Section 90. The Firearm Owners Identification Card Act is | 15 | | amended by changing Sections 3, 3.1, 4, and 8 and by adding | 16 | | Section 3.4 as follows: | 17 | | (430 ILCS 65/3) (from Ch. 38, par. 83-3) | 18 | | (Text of Section before amendment by P.A. 102-237 ) | 19 | | Sec. 3. (a) Except as provided in Section 3a, no person may | 20 | | knowingly
transfer, or cause to be transferred, any firearm, | 21 | | firearm ammunition, stun gun, or taser to any person within | 22 | | this State unless the
transferee with whom he deals displays | 23 | | either: (1) a currently valid Firearm Owner's
Identification | 24 | | Card which has previously been issued in his or her name by the
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| 1 | | Illinois State Police under the provisions of this Act; or (2) | 2 | | a currently valid license to carry a concealed firearm which | 3 | | has previously been issued in his or her name by the
Illinois | 4 | | State Police under the Firearm Concealed Carry Act. In | 5 | | addition,
all firearm, stun gun , and taser transfers by | 6 | | federally licensed firearm dealers are subject
to Section 3.1. | 7 | | (a-1) Before a person purchases or receives a firearm from | 8 | | a federally licensed firearm dealer, the person must display | 9 | | to the dealer of the firearm a permit to purchase or receive | 10 | | the firearm issued by the local law enforcement agency under | 11 | | Section 3.4. | 12 | | (a-5) Any person who is not a federally licensed firearm | 13 | | dealer and who desires to transfer or sell a firearm while that | 14 | | person is on the grounds of a gun show must, before selling or | 15 | | transferring the firearm, request the Illinois State Police to | 16 | | conduct a background check on the prospective recipient of the | 17 | | firearm in accordance with Section 3.1.
| 18 | | (a-10) Notwithstanding item (2) of subsection (a) of this | 19 | | Section, any person who is not a federally licensed firearm | 20 | | dealer and who desires to transfer or sell a firearm or | 21 | | firearms to any person who is not a federally licensed firearm | 22 | | dealer shall, before selling or transferring the firearms, | 23 | | contact the Illinois State Police with the transferee's or | 24 | | purchaser's Firearm Owner's Identification Card number to | 25 | | determine the validity of the transferee's or purchaser's | 26 | | Firearm Owner's Identification Card. This subsection shall not |
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| 1 | | be effective until January 1, 2014. The Illinois State Police | 2 | | may adopt rules concerning the implementation of this | 3 | | subsection. The Illinois State Police shall provide the seller | 4 | | or transferor an approval number if the purchaser's Firearm | 5 | | Owner's Identification Card is valid. Approvals issued by the | 6 | | Illinois State Police Department for the purchase of a firearm | 7 | | pursuant to this subsection are valid for 30 days from the date | 8 | | of issue. | 9 | | (a-15) The provisions of subsection (a-10) of this Section | 10 | | do not apply to: | 11 | | (1) transfers that occur at the place of business of a | 12 | | federally licensed firearm dealer, if the federally | 13 | | licensed firearm dealer conducts a background check on the | 14 | | prospective recipient of the firearm in accordance with | 15 | | Section 3.1 of this Act and follows all other applicable | 16 | | federal, State, and local laws as if he or she were the | 17 | | seller or transferor of the firearm, although the dealer | 18 | | is not required to accept the firearm into his or her | 19 | | inventory. The purchaser or transferee may be required by | 20 | | the federally licensed firearm dealer to pay a fee not to | 21 | | exceed $10 per firearm, which the dealer may retain as | 22 | | compensation for performing the functions required under | 23 | | this paragraph, plus the applicable fees authorized by | 24 | | Section 3.1; | 25 | | (2) transfers as a bona fide gift to the transferor's | 26 | | husband, wife, son, daughter, stepson, stepdaughter, |
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| 1 | | father, mother, stepfather, stepmother, brother, sister, | 2 | | nephew, niece, uncle, aunt, grandfather, grandmother, | 3 | | grandson, granddaughter, father-in-law, mother-in-law, | 4 | | son-in-law, or daughter-in-law; | 5 | | (3) transfers by persons acting pursuant to operation | 6 | | of law or a court order; | 7 | | (4) transfers on the grounds of a gun show under | 8 | | subsection (a-5) of this Section; | 9 | | (5) the delivery of a firearm by its owner to a | 10 | | gunsmith for service or repair, the return of the firearm | 11 | | to its owner by the gunsmith, or the delivery of a firearm | 12 | | by a gunsmith to a federally licensed firearms dealer for | 13 | | service or repair and the return of the firearm to the | 14 | | gunsmith; | 15 | | (6) temporary transfers that occur while in the home | 16 | | of the unlicensed transferee, if the unlicensed transferee | 17 | | is not otherwise prohibited from possessing firearms and | 18 | | the unlicensed transferee reasonably believes that | 19 | | possession of the firearm is necessary to prevent imminent | 20 | | death or great bodily harm to the unlicensed transferee; | 21 | | (7) transfers to a law enforcement or corrections | 22 | | agency or a law enforcement or corrections officer acting | 23 | | within the course and scope of his or her official duties; | 24 | | (8) transfers of firearms that have been rendered | 25 | | permanently inoperable to a nonprofit historical society, | 26 | | museum, or institutional collection; and |
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| 1 | | (9) transfers to a person who is exempt from the | 2 | | requirement of possessing a Firearm Owner's Identification | 3 | | Card under Section 2 of this Act. | 4 | | (a-20) The Illinois State Police shall develop an | 5 | | Internet-based system for individuals to determine the | 6 | | validity of a Firearm Owner's Identification Card prior to the | 7 | | sale or transfer of a firearm. The Illinois State Police | 8 | | Department shall have the Internet-based system completed and | 9 | | available for use by July 1, 2015. The Illinois State Police | 10 | | Department shall adopt rules not inconsistent with this | 11 | | Section to implement this system. | 12 | | (b) Any person within this State who transfers or causes | 13 | | to be
transferred any firearm, stun gun, or taser shall keep a | 14 | | record of such transfer for a period
of 10 years from the date | 15 | | of transfer. Such record shall contain the date
of the | 16 | | transfer; the description, serial number or other information
| 17 | | identifying the firearm, stun gun, or taser if no serial | 18 | | number is available; and, if the
transfer was completed within | 19 | | this State, the transferee's Firearm Owner's
Identification | 20 | | Card number and any approval number or documentation provided | 21 | | by the Illinois State Police pursuant to subsection (a-10) of | 22 | | this Section; if the transfer was not completed within this | 23 | | State, the record shall contain the name and address of the | 24 | | transferee. On or after January 1, 2006, the record shall | 25 | | contain the date of application for transfer of the firearm. | 26 | | On demand of a peace officer such transferor
shall produce for |
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| 1 | | inspection such record of transfer. If the transfer or sale | 2 | | took place at a gun show, the record shall include the unique | 3 | | identification number. Failure to record the unique | 4 | | identification number or approval number is a petty offense.
| 5 | | For transfers of a firearm, stun gun, or taser made on or after | 6 | | January 18, 2019 ( the effective date of Public Act 100-1178) | 7 | | this amendatory Act of the 100th General Assembly , failure by | 8 | | the private seller to maintain the transfer records in | 9 | | accordance with this Section is a Class A misdemeanor for the | 10 | | first offense and a Class 4 felony for a second or subsequent | 11 | | offense. A transferee shall not be criminally liable under | 12 | | this Section provided that he or she provides the Illinois | 13 | | State Police with the transfer records in accordance with | 14 | | procedures established by the Illinois State Police | 15 | | Department . The Illinois State Police Department shall | 16 | | establish, by rule, a standard form on its website. | 17 | | (b-5) Any resident may purchase ammunition from a person | 18 | | within or outside of Illinois if shipment is by United States | 19 | | mail or by a private express carrier authorized by federal law | 20 | | to ship ammunition. Any resident purchasing ammunition within | 21 | | or outside the State of Illinois must provide the seller with a | 22 | | copy of his or her valid Firearm Owner's Identification Card | 23 | | or valid concealed carry license and either his or her | 24 | | Illinois driver's license or Illinois State Identification | 25 | | Card prior to the shipment of the ammunition. The ammunition | 26 | | may be shipped only to an address on either of those 2 |
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| 1 | | documents. | 2 | | (c) The provisions of this Section regarding the transfer | 3 | | of firearm
ammunition shall not apply to those persons | 4 | | specified in paragraph (b) of
Section 2 of this Act. | 5 | | (Source: P.A. 102-538, eff. 8-20-21; revised 10-13-21.) | 6 | | (Text of Section after amendment by P.A. 102-237 ) | 7 | | Sec. 3. (a) Except as provided in Section 3a, no person may | 8 | | knowingly
transfer, or cause to be transferred, any firearm, | 9 | | firearm ammunition, stun gun, or taser to any person within | 10 | | this State unless the
transferee with whom he deals displays | 11 | | either: (1) a currently valid Firearm Owner's
Identification | 12 | | Card which has previously been issued in his or her name by the
| 13 | | Illinois State Police under the provisions of this Act; or (2) | 14 | | a currently valid license to carry a concealed firearm which | 15 | | has previously been issued in his or her name by the
Illinois | 16 | | State Police under the Firearm Concealed Carry Act. In | 17 | | addition,
all firearm, stun gun , and taser transfers by | 18 | | federally licensed firearm dealers are subject
to Section 3.1. | 19 | | (a-1) Before a person purchases or receives a firearm from | 20 | | a federally licensed firearm dealer, the person must display | 21 | | to the dealer of the firearm a permit to purchase or receive | 22 | | the firearm issued by the local law enforcement agency under | 23 | | Section 3.4. | 24 | | (a-5) Any person who is not a federally licensed firearm | 25 | | dealer and who desires to transfer or sell a firearm while that |
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| 1 | | person is on the grounds of a gun show must, before selling or | 2 | | transferring the firearm, request the Illinois State Police to | 3 | | conduct a background check on the prospective recipient of the | 4 | | firearm in accordance with Section 3.1.
| 5 | | (a-10) Notwithstanding item (2) of subsection (a) of this | 6 | | Section, any person who is not a federally licensed firearm | 7 | | dealer and who desires to transfer or sell a firearm or | 8 | | firearms to any person who is not a federally licensed firearm | 9 | | dealer shall, before selling or transferring the firearms, | 10 | | contact a federal firearm license dealer under paragraph (1) | 11 | | of subsection (a-15) of this Section to conduct the transfer | 12 | | or the Illinois State Police with the transferee's or | 13 | | purchaser's Firearm Owner's Identification Card number to | 14 | | determine the validity of the transferee's or purchaser's | 15 | | Firearm Owner's Identification Card under State and federal | 16 | | law , including the National Instant Criminal Background Check | 17 | | System. This subsection shall not be effective until January | 18 | | 1, 2024. Until that date the transferor shall contact the | 19 | | Illinois State Police with the transferee's or purchaser's | 20 | | Firearm Owner's Identification Card number to determine the | 21 | | validity of the card. The Illinois State Police may adopt | 22 | | rules concerning the implementation of this subsection. The | 23 | | Illinois State Police shall provide the seller or transferor | 24 | | an approval number if the purchaser's Firearm Owner's | 25 | | Identification Card is valid. Approvals issued by the Illinois | 26 | | State Police Department for the purchase of a firearm pursuant |
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| 1 | | to this subsection are valid for 30 days from the date of | 2 | | issue. | 3 | | (a-15) The provisions of subsection (a-10) of this Section | 4 | | do not apply to: | 5 | | (1) transfers that occur at the place of business of a | 6 | | federally licensed firearm dealer, if the federally | 7 | | licensed firearm dealer conducts a background check on the | 8 | | prospective recipient of the firearm in accordance with | 9 | | Section 3.1 of this Act and follows all other applicable | 10 | | federal, State, and local laws as if he or she were the | 11 | | seller or transferor of the firearm, although the dealer | 12 | | is not required to accept the firearm into his or her | 13 | | inventory. The purchaser or transferee may be required by | 14 | | the federally licensed firearm dealer to pay a fee not to | 15 | | exceed $25 per firearm, which the dealer may retain as | 16 | | compensation for performing the functions required under | 17 | | this paragraph, plus the applicable fees authorized by | 18 | | Section 3.1; | 19 | | (2) transfers as a bona fide gift to the transferor's | 20 | | husband, wife, son, daughter, stepson, stepdaughter, | 21 | | father, mother, stepfather, stepmother, brother, sister, | 22 | | nephew, niece, uncle, aunt, grandfather, grandmother, | 23 | | grandson, granddaughter, father-in-law, mother-in-law, | 24 | | son-in-law, or daughter-in-law; | 25 | | (3) transfers by persons acting pursuant to operation | 26 | | of law or a court order; |
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| 1 | | (4) transfers on the grounds of a gun show under | 2 | | subsection (a-5) of this Section; | 3 | | (5) the delivery of a firearm by its owner to a | 4 | | gunsmith for service or repair, the return of the firearm | 5 | | to its owner by the gunsmith, or the delivery of a firearm | 6 | | by a gunsmith to a federally licensed firearms dealer for | 7 | | service or repair and the return of the firearm to the | 8 | | gunsmith; | 9 | | (6) temporary transfers that occur while in the home | 10 | | of the unlicensed transferee, if the unlicensed transferee | 11 | | is not otherwise prohibited from possessing firearms and | 12 | | the unlicensed transferee reasonably believes that | 13 | | possession of the firearm is necessary to prevent imminent | 14 | | death or great bodily harm to the unlicensed transferee; | 15 | | (7) transfers to a law enforcement or corrections | 16 | | agency or a law enforcement or corrections officer acting | 17 | | within the course and scope of his or her official duties; | 18 | | (8) transfers of firearms that have been rendered | 19 | | permanently inoperable to a nonprofit historical society, | 20 | | museum, or institutional collection; and | 21 | | (9) transfers to a person who is exempt from the | 22 | | requirement of possessing a Firearm Owner's Identification | 23 | | Card under Section 2 of this Act. | 24 | | (a-20) The Illinois State Police shall develop an | 25 | | Internet-based system for individuals to determine the | 26 | | validity of a Firearm Owner's Identification Card prior to the |
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| 1 | | sale or transfer of a firearm. The Illinois State Police | 2 | | Department shall have the Internet-based system updated and | 3 | | available for use by January 1, 2024. The Illinois State | 4 | | Police shall adopt rules not inconsistent with this Section to | 5 | | implement this system; but no rule shall allow the Illinois | 6 | | State Police to retain records in contravention of State and | 7 | | federal law. | 8 | | (a-25) On or before January 1, 2022, the Illinois State | 9 | | Police shall develop an Internet-based system upon which the | 10 | | serial numbers of firearms that have been reported stolen are | 11 | | available for public access for individuals to ensure any | 12 | | firearms are not reported stolen prior to the sale or transfer | 13 | | of a firearm under this Section. The Illinois State Police | 14 | | shall have the Internet-based system completed and available | 15 | | for use by July 1, 2022. The Illinois State Police Department | 16 | | shall adopt rules not inconsistent with this Section to | 17 | | implement this system. | 18 | | (b) Any person within this State who transfers or causes | 19 | | to be
transferred any firearm, stun gun, or taser shall keep a | 20 | | record of such transfer for a period
of 10 years from the date | 21 | | of transfer. Any person within this State who receives any | 22 | | firearm, stun gun, or taser pursuant to subsection (a-10) | 23 | | shall provide a record of the transfer within 10 days of the | 24 | | transfer to a federally licensed firearm dealer and shall not | 25 | | be required to maintain a transfer record. The federally | 26 | | licensed firearm dealer shall maintain the transfer record for |
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| 1 | | 20 years from the date of receipt. A federally licensed | 2 | | firearm dealer may charge a fee not to exceed $25 to retain the | 3 | | record. The record shall be provided and maintained in either | 4 | | an electronic or paper format. The federally licensed firearm | 5 | | dealer shall not be liable for the accuracy of any information | 6 | | in the transfer record submitted pursuant to this Section. | 7 | | Such records shall contain the date
of the transfer; the | 8 | | description, serial number or other information
identifying | 9 | | the firearm, stun gun, or taser if no serial number is | 10 | | available; and, if the
transfer was completed within this | 11 | | State, the transferee's Firearm Owner's
Identification Card | 12 | | number and any approval number or documentation provided by | 13 | | the Illinois State Police pursuant to subsection (a-10) of | 14 | | this Section; if the transfer was not completed within this | 15 | | State, the record shall contain the name and address of the | 16 | | transferee. On or after January 1, 2006, the record shall | 17 | | contain the date of application for transfer of the firearm. | 18 | | On demand of a peace officer such transferor shall produce for | 19 | | inspection such record of transfer. For any transfer pursuant | 20 | | to subsection (a-10) of this Section, on the demand of a peace | 21 | | officer, such transferee shall identify the federally licensed | 22 | | firearm dealer maintaining the transfer record. If the | 23 | | transfer or sale took place at a gun show, the record shall | 24 | | include the unique identification number. Failure to record | 25 | | the unique identification number or approval number is a petty | 26 | | offense.
For transfers of a firearm, stun gun, or taser made on |
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| 1 | | or after January 18, 2019 ( the effective date of Public Act | 2 | | 100-1178) this amendatory Act of the 100th General Assembly , | 3 | | failure by the private seller to maintain the transfer records | 4 | | in accordance with this Section, or failure by a transferee | 5 | | pursuant to subsection a-10 of this Section to identify the | 6 | | federally licensed firearm dealer maintaining the transfer | 7 | | record, is a Class A misdemeanor for the first offense and a | 8 | | Class 4 felony for a second or subsequent offense occurring | 9 | | within 10 years of the first offense and the second offense was | 10 | | committed after conviction of the first offense. Whenever any | 11 | | person who has not previously been convicted of any violation | 12 | | of subsection (a-5), the court may grant supervision pursuant | 13 | | to and consistent with the limitations of Section 5-6-1 of the | 14 | | Unified Code of Corrections. A transferee or transferor shall | 15 | | not be criminally liable under this Section provided that he | 16 | | or she provides the Illinois State Police with the transfer | 17 | | records in accordance with procedures established by the | 18 | | Illinois State Police Department . The Illinois State Police | 19 | | Department shall establish, by rule, a standard form on its | 20 | | website. | 21 | | (b-5) Any resident may purchase ammunition from a person | 22 | | within or outside of Illinois if shipment is by United States | 23 | | mail or by a private express carrier authorized by federal law | 24 | | to ship ammunition. Any resident purchasing ammunition within | 25 | | or outside the State of Illinois must provide the seller with a | 26 | | copy of his or her valid Firearm Owner's Identification Card |
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| 1 | | or valid concealed carry license and either his or her | 2 | | Illinois driver's license or Illinois State Identification | 3 | | Card prior to the shipment of the ammunition. The ammunition | 4 | | may be shipped only to an address on either of those 2 | 5 | | documents. | 6 | | (c) The provisions of this Section regarding the transfer | 7 | | of firearm
ammunition shall not apply to those persons | 8 | | specified in paragraph (b) of
Section 2 of this Act. | 9 | | (Source: P.A. 102-237, eff. 1-1-24; 102-538, eff. 8-20-21; | 10 | | revised 10-13-21.)
| 11 | | (430 ILCS 65/3.1) (from Ch. 38, par. 83-3.1)
| 12 | | Sec. 3.1. Firearm Transfer Inquiry Program. | 13 | | (a) The Illinois State Police shall provide
a dial up | 14 | | telephone system or utilize other existing technology which | 15 | | shall be used by any federally licensed
firearm dealer, gun | 16 | | show promoter , or gun show vendor who is to transfer a firearm, | 17 | | stun gun, or taser under the provisions of this
Act. The | 18 | | Illinois State Police may utilize existing technology which
| 19 | | allows the caller to be charged a fee not to exceed $2. Fees | 20 | | collected by the Illinois State Police shall be deposited in | 21 | | the State Police Firearm Services Fund and used
to provide the | 22 | | service.
| 23 | | (b) Upon receiving a request from a federally licensed | 24 | | firearm dealer, gun show promoter , or gun show vendor, the
| 25 | | Illinois State Police shall immediately approve , or , within |
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| 1 | | the time
period established by Section 24-3 of the Criminal | 2 | | Code of 2012 regarding
the delivery of firearms, stun guns, | 3 | | and tasers , notify the inquiring dealer, gun show promoter , or | 4 | | gun show vendor of any objection that
would disqualify the | 5 | | transferee from acquiring or possessing a firearm, stun gun, | 6 | | or taser. In
conducting the inquiry, the Illinois State Police | 7 | | shall initiate and
complete an automated search of its | 8 | | criminal history record information
files and those of the | 9 | | Federal Bureau of Investigation, including the
National | 10 | | Instant Criminal Background Check System, and of the files of
| 11 | | the Department of Human Services relating to mental health and
| 12 | | developmental disabilities to obtain
any felony conviction or | 13 | | patient hospitalization information which would
disqualify a | 14 | | person from obtaining or require revocation of a currently
| 15 | | valid Firearm Owner's Identification Card. | 16 | | (b-5) By January 1, 2023, the Illinois State Police shall | 17 | | by rule provide a process for the automatic renewal of the | 18 | | Firearm Owner's Identification Card of a person at the time of | 19 | | an inquiry in subsection (b). Persons eligible for this | 20 | | process must have a set of fingerprints on file with their | 21 | | applications application under either subsection (a-25) of | 22 | | Section 4 or the Firearm Concealed Carry Act. | 23 | | (c) If receipt of a firearm would not violate Section 24-3 | 24 | | of the Criminal Code of 2012, federal law, or this Act , the | 25 | | Illinois State Police shall: | 26 | | (1) assign a unique identification number to the |
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| 1 | | transfer; and | 2 | | (2) provide the licensee, gun show promoter, or gun | 3 | | show vendor with the number. | 4 | | (d) Approvals issued by the Illinois State Police for the | 5 | | purchase of a firearm are valid for 30 days from the date of | 6 | | issue.
| 7 | | (e) (1) The Illinois State Police must act as the Illinois | 8 | | Point of Contact
for the National Instant Criminal Background | 9 | | Check System. | 10 | | (2) The Illinois State Police and the Department of Human | 11 | | Services shall, in accordance with State and federal law | 12 | | regarding confidentiality, enter into a memorandum of | 13 | | understanding with the Federal Bureau of Investigation for the | 14 | | purpose of implementing the National Instant Criminal | 15 | | Background Check System in the State. The Illinois State | 16 | | Police shall report the name, date of birth, and physical | 17 | | description of any person prohibited from possessing a firearm | 18 | | pursuant to the Firearm Owners Identification Card Act or 18 | 19 | | U.S.C. 922(g) and (n) to the National Instant Criminal | 20 | | Background Check System Index, Denied Persons Files.
| 21 | | (3) The Illinois State Police shall provide notice of the | 22 | | disqualification of a person under subsection (b) of this | 23 | | Section or the revocation of a person's Firearm Owner's | 24 | | Identification Card under Section 8 or Section 8.2 of this | 25 | | Act, and the reason for the disqualification or revocation, to | 26 | | all law enforcement agencies with jurisdiction to assist with |
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| 1 | | the seizure of the person's Firearm Owner's Identification | 2 | | Card. | 3 | | (f) The Illinois State Police shall adopt rules not | 4 | | inconsistent with this Section to implement this
system.
| 5 | | (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; | 6 | | revised 10-13-21.) | 7 | | (430 ILCS 65/3.4 new) | 8 | | Sec. 3.4. Firearms transfers; permits. | 9 | | (a) Notwithstanding any other law to the contrary, each | 10 | | local law enforcement agency shall issue a firearm permit to | 11 | | an applicant who seeks the purchase of a firearm to verify the | 12 | | identity of the purchaser and shall complete a full criminal | 13 | | background check of the applicant that includes obtaining | 14 | | fingerprints from the prospective firearm purchaser. The | 15 | | requirement that an applicant for a firearm submit a full set | 16 | | of fingerprints before being issued a firearm permit applies | 17 | | to the first issuance of a firearm permit under this | 18 | | amendatory Act of the 102nd General Assembly. Subsequent | 19 | | applications for firearm permits issued to an applicant do not | 20 | | require the re-submission of the applicant's fingerprints. | 21 | | (b) Each local law enforcement agency shall keep records | 22 | | of those permits and make them available to the Illinois State | 23 | | Police through the Law Enforcement Agencies Data System | 24 | | (LEADS). | 25 | | (c) The duration of the permit shall be 10 days after its |
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| 1 | | issuance. | 2 | | (d) The local law enforcement agency may deny a permit to | 3 | | purchase a firearm to an applicant if the agency, in its | 4 | | discretion, believes it is in the interest of public safety. | 5 | | (e) Prior to the purchase of a firearm, a person must | 6 | | submit the permit issued by the local law enforcement agency | 7 | | to the dealer or transferor of the firearm. | 8 | | (f) In this Section, "local law enforcement agency" means | 9 | | the municipal police department of the municipality in which | 10 | | the applicant for the firearm purchase resides, or if the | 11 | | applicant resides in an unincorporated area, or if no | 12 | | municipal police department exists in the applicant's | 13 | | municipality of residence, then "local law enforcement agency" | 14 | | means the office of the sheriff of the county of the | 15 | | applicant's residence.
| 16 | | (430 ILCS 65/4) (from Ch. 38, par. 83-4)
| 17 | | Sec. 4. Application for Firearm Owner's Identification | 18 | | Cards. | 19 | | (a) Each applicant for a Firearm Owner's Identification | 20 | | Card must:
| 21 | | (1) Submit an application as made available by the | 22 | | Illinois State Police; and
| 23 | | (2) Submit evidence to the Illinois State Police that:
| 24 | | (i) This subparagraph (i) applies through the | 25 | | 180th day following July 12, 2019 ( the effective date |
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| 1 | | of Public Act 101-80) this amendatory Act of the 101st | 2 | | General Assembly . He or she is 21 years of age or over, | 3 | | or if he or she is under 21
years of age that he or she | 4 | | has the written consent of his or her parent or
legal | 5 | | guardian to possess and acquire firearms and firearm | 6 | | ammunition and that
he or she has never been convicted | 7 | | of a misdemeanor other than a traffic
offense or | 8 | | adjudged
delinquent, provided, however, that such | 9 | | parent or legal guardian is not an
individual | 10 | | prohibited from having a Firearm Owner's | 11 | | Identification Card and
files an affidavit with the | 12 | | Department as prescribed by the Department
stating | 13 | | that he or she is not an individual prohibited from | 14 | | having a Card; | 15 | | (i-5) This subparagraph (i-5) applies on and after | 16 | | the 181st day following July 12, 2019 ( the effective | 17 | | date of Public Act 101-80) this amendatory Act of the | 18 | | 101st General Assembly . He or she is 21 years of age or | 19 | | over, or if he or she is under 21
years of age that he | 20 | | or she has never been convicted of a misdemeanor other | 21 | | than a traffic offense or adjudged delinquent and is | 22 | | an active duty member of the United States Armed | 23 | | Forces or has the written consent of his or her parent | 24 | | or
legal guardian to possess and acquire firearms and | 25 | | firearm ammunition, provided, however, that such | 26 | | parent or legal guardian is not an
individual |
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| 1 | | prohibited from having a Firearm Owner's | 2 | | Identification Card and
files an affidavit with the | 3 | | Illinois State Police Department as prescribed by the | 4 | | Illinois State Police Department
stating that he or | 5 | | she is not an individual prohibited from having a Card | 6 | | or the active duty member of the United States Armed | 7 | | Forces under 21 years of age annually submits proof to | 8 | | the Illinois State Police, in a manner prescribed by | 9 | | the Illinois State Police Department ;
| 10 | | (ii) He or she has not been convicted of a felony | 11 | | under the laws of
this or any other jurisdiction;
| 12 | | (iii) He or she is not addicted to narcotics;
| 13 | | (iv) He or she has not been a patient in a mental | 14 | | health facility within
the past 5 years or, if he or | 15 | | she has been a patient in a mental health facility more | 16 | | than 5 years ago submit the certification required | 17 | | under subsection (u) of Section 8 of this Act;
| 18 | | (v) He or she is not a person with an intellectual | 19 | | disability;
| 20 | | (vi) He or she is not an alien who is unlawfully | 21 | | present in the
United States under the laws of the | 22 | | United States;
| 23 | | (vii) He or she is not subject to an existing order | 24 | | of protection
prohibiting him or her from possessing a | 25 | | firearm;
| 26 | | (viii) He or she has not been convicted within the |
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| 1 | | past 5 years of
battery, assault, aggravated assault, | 2 | | violation of an order of
protection, or a | 3 | | substantially similar offense in another jurisdiction, | 4 | | in
which a firearm was used or possessed;
| 5 | | (ix) He or she has not been convicted of domestic | 6 | | battery, aggravated domestic battery, or a
| 7 | | substantially similar offense in another
jurisdiction | 8 | | committed before, on or after January 1, 2012 (the | 9 | | effective date of Public Act 97-158). If the applicant | 10 | | knowingly and intelligently waives the right to have | 11 | | an offense described in this clause (ix) tried by a | 12 | | jury, and by guilty plea or otherwise, results in a | 13 | | conviction for an offense in which a domestic | 14 | | relationship is not a required element of the offense | 15 | | but in which a determination of the applicability of | 16 | | 18 U.S.C. 922(g)(9) is made under Section 112A-11.1 of | 17 | | the Code of Criminal Procedure of 1963, an entry by the | 18 | | court of a judgment of conviction for that offense | 19 | | shall be grounds for denying the issuance of a Firearm | 20 | | Owner's Identification Card under this Section;
| 21 | | (x) (Blank);
| 22 | | (xi) He or she is not an alien who has been | 23 | | admitted to the United
States under a non-immigrant | 24 | | visa (as that term is defined in Section
101(a)(26) of | 25 | | the Immigration and Nationality Act (8 U.S.C. | 26 | | 1101(a)(26))),
or that he or she is an alien who has |
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| 1 | | been lawfully admitted to the United
States under a | 2 | | non-immigrant visa if that alien is:
| 3 | | (1) admitted to the United States for lawful | 4 | | hunting or sporting
purposes;
| 5 | | (2) an official representative of a foreign | 6 | | government who is:
| 7 | | (A) accredited to the United States | 8 | | Government or the Government's
mission to an | 9 | | international organization having its | 10 | | headquarters in the United
States; or
| 11 | | (B) en route to or from another country to | 12 | | which that alien is
accredited;
| 13 | | (3) an official of a foreign government or | 14 | | distinguished foreign
visitor who has been so | 15 | | designated by the Department of State;
| 16 | | (4) a foreign law enforcement officer of a | 17 | | friendly foreign
government entering the United | 18 | | States on official business; or
| 19 | | (5) one who has received a waiver from the | 20 | | Attorney General of the
United States pursuant to | 21 | | 18 U.S.C. 922(y)(3);
| 22 | | (xii) He or she is not a minor subject to a | 23 | | petition filed
under Section 5-520 of the Juvenile | 24 | | Court Act of 1987 alleging that the
minor is a | 25 | | delinquent minor for the commission of an offense that | 26 | | if
committed by an adult would be a felony;
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| 1 | | (xiii) He or she is not an adult who had been | 2 | | adjudicated a delinquent
minor under the Juvenile | 3 | | Court Act of 1987 for the commission of an offense
that | 4 | | if committed by an adult would be a felony;
| 5 | | (xiv) He or she is a resident of the State of | 6 | | Illinois; | 7 | | (xv) He or she has not been adjudicated as a person | 8 | | with a mental disability; | 9 | | (xvi) He or she has not been involuntarily | 10 | | admitted into a mental health facility; and | 11 | | (xvii) He or she is not a person with a | 12 | | developmental disability; and | 13 | | (xviii) On or after the effective date of this | 14 | | amendatory Act of the 102nd General Assembly if he or she | 15 | | is applying for or renewing a Firearm Owner's | 16 | | Identification Card that he or she has completed at least | 17 | | 8 hours of handgun safety training approved by the | 18 | | Director of the Illinois State Police; and | 19 | | (3) Upon request by the Illinois State Police, sign a | 20 | | release on a
form prescribed by the Illinois State Police | 21 | | waiving any right to
confidentiality and requesting the | 22 | | disclosure to the Illinois State Police
of limited mental | 23 | | health institution admission information from another | 24 | | state,
the District of Columbia, any other territory of | 25 | | the United States, or a
foreign nation concerning the | 26 | | applicant for the sole purpose of determining
whether the |
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| 1 | | applicant is or was a patient in a mental health | 2 | | institution and
disqualified because of that status from | 3 | | receiving a Firearm Owner's
Identification Card. No mental | 4 | | health care or treatment records may be
requested. The | 5 | | information received shall be destroyed within one year of
| 6 | | receipt.
| 7 | | (a-1) A person applying for a Firearm Owner's | 8 | | Identification Card shall acknowledge that if the person's | 9 | | Firearm Owner's Identification Card is revoked by a court or | 10 | | as a result of a criminal conviction that makes the person | 11 | | ineligible for a Firearm Owner's Identification Card, a court | 12 | | has probable cause to issue a search warrant to seize any | 13 | | firearms in the person's possession. | 14 | | (a-5) Each applicant for a Firearm Owner's Identification | 15 | | Card who is over
the age of 18 shall furnish to the Illinois | 16 | | State Police either his or
her Illinois driver's license | 17 | | number or Illinois Identification Card number, except as
| 18 | | provided in subsection (a-10).
| 19 | | (a-10) Each applicant for a Firearm Owner's Identification | 20 | | Card,
who is employed as a law enforcement officer, an armed | 21 | | security officer in Illinois, or by the United States Military
| 22 | | permanently assigned in Illinois and who is not an Illinois | 23 | | resident, shall furnish to
the Illinois State Police his or | 24 | | her driver's license number or state
identification card | 25 | | number from his or her state of residence. The Illinois State | 26 | | Police may adopt rules to enforce the provisions of this
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| 1 | | subsection (a-10).
| 2 | | (a-15) If an applicant applying for a Firearm Owner's | 3 | | Identification Card moves from the residence address named in | 4 | | the application, he or she shall immediately notify in a form | 5 | | and manner prescribed by the Illinois State Police of that | 6 | | change of address. | 7 | | (a-20) Each applicant for a Firearm Owner's Identification | 8 | | Card shall furnish to the Illinois State Police his or her | 9 | | photograph. An applicant who is 21 years of age or older | 10 | | seeking a religious exemption to the photograph requirement | 11 | | must furnish with the application an approved copy of United | 12 | | States Department of the Treasury Internal Revenue Service | 13 | | Form 4029. In lieu of a photograph, an applicant regardless of | 14 | | age seeking a religious exemption to the photograph | 15 | | requirement shall submit fingerprints on a form and manner | 16 | | prescribed by the Illinois State Police Department with his or | 17 | | her application. | 18 | | (a-25) Beginning January 1, 2023, each applicant for the | 19 | | issuance of a Firearm Owner's Identification Card may include | 20 | | a full set of his or her fingerprints in electronic format to | 21 | | the Illinois State Police, unless the applicant has previously | 22 | | provided a full set of his or her fingerprints to the Illinois | 23 | | State Police under this Act or the Firearm Concealed Carry | 24 | | Act. | 25 | | The fingerprints must be transmitted through a live scan | 26 | | fingerprint vendor licensed by the Department of Financial and |
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| 1 | | Professional Regulation. The fingerprints shall be checked | 2 | | against the fingerprint records now and hereafter filed in the | 3 | | Illinois State Police and Federal Bureau of Investigation | 4 | | criminal history records databases, including all available | 5 | | State and local criminal history record information files. | 6 | | The Illinois State Police shall charge applicants a | 7 | | one-time fee for conducting the criminal history record check, | 8 | | which shall be deposited into the State Police Services Fund | 9 | | and shall not exceed the actual cost of the State and national | 10 | | criminal history record check. | 11 | | (a-26) The Illinois State Police shall research, explore, | 12 | | and report to the General Assembly by January 1, 2022 on the | 13 | | feasibility of permitting voluntarily submitted fingerprints | 14 | | obtained for purposes other than Firearm Owner's | 15 | | Identification Card enforcement that are contained in the | 16 | | Illinois State Police database for purposes of this Act. | 17 | | (b) Each application form shall include the following | 18 | | statement printed in
bold type: "Warning: Entering false | 19 | | information on an application for a Firearm
Owner's | 20 | | Identification Card is punishable as a Class 2 felony in | 21 | | accordance
with subsection (d-5) of Section 14 of the Firearm | 22 | | Owners Identification Card
Act.".
| 23 | | (c) Upon such written consent, pursuant to Section 4, | 24 | | paragraph (a)(2)(i),
the parent or legal guardian giving the | 25 | | consent shall be liable for any
damages resulting from the | 26 | | applicant's use of firearms or firearm ammunition.
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| 1 | | (Source: P.A. 101-80, eff. 7-12-19; 102-237, eff. 1-1-22; | 2 | | 102-538, eff. 8-20-21; revised 10-12-21.)
| 3 | | (430 ILCS 65/8) (from Ch. 38, par. 83-8)
| 4 | | Sec. 8. Grounds for denial and revocation. The Illinois | 5 | | State Police has authority to deny an
application for or to | 6 | | revoke and seize a Firearm Owner's Identification
Card | 7 | | previously issued under this Act only if the Illinois State | 8 | | Police Department finds that the
applicant or the person to | 9 | | whom such card was issued is or was at the time
of issuance:
| 10 | | (a) A person under 21 years of age who has been | 11 | | convicted of a
misdemeanor other than a traffic offense or | 12 | | adjudged delinquent;
| 13 | | (b) This subsection (b) applies through the 180th day | 14 | | following July 12, 2019 ( the effective date of Public Act | 15 | | 101-80) this amendatory Act of the 101st General Assembly . | 16 | | A person under 21 years of age who does not have the | 17 | | written consent
of his parent or guardian to acquire and | 18 | | possess firearms and firearm
ammunition, or whose parent | 19 | | or guardian has revoked such written consent,
or where | 20 | | such parent or guardian does not qualify to have a Firearm | 21 | | Owner's
Identification Card; | 22 | | (b-5) This subsection (b-5) applies on and after the | 23 | | 181st day following July 12, 2019 ( the effective date of | 24 | | Public Act 101-80) this amendatory Act of the 101st | 25 | | General Assembly . A person under 21 years of age who is not |
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| 1 | | an active duty member of the United States Armed Forces | 2 | | and does not have the written consent
of his or her parent | 3 | | or guardian to acquire and possess firearms and firearm
| 4 | | ammunition, or whose parent or guardian has revoked such | 5 | | written consent,
or where such parent or guardian does not | 6 | | qualify to have a Firearm Owner's
Identification Card;
| 7 | | (c) A person convicted of a felony under the laws of | 8 | | this or any other
jurisdiction;
| 9 | | (d) A person addicted to narcotics;
| 10 | | (e) A person who has been a patient of a mental health | 11 | | facility within the
past 5 years or a person who has been a | 12 | | patient in a mental health facility more than 5 years ago | 13 | | who has not received the certification required under | 14 | | subsection (u) of this Section. An active law enforcement | 15 | | officer employed by a unit of government or a Department | 16 | | of Corrections employee authorized to possess firearms who | 17 | | is denied, revoked, or has his or her Firearm Owner's | 18 | | Identification Card seized under this subsection (e) may | 19 | | obtain relief as described in subsection (c-5) of Section | 20 | | 10 of this Act if the officer or employee did not act in a | 21 | | manner threatening to the officer or employee, another | 22 | | person, or the public as determined by the treating | 23 | | clinical psychologist or physician, and the officer or | 24 | | employee seeks mental health treatment;
| 25 | | (f) A person whose mental condition is of such a | 26 | | nature that it poses
a clear and present danger to the |
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| 1 | | applicant, any other person or persons , or
the community;
| 2 | | (g) A person who has an intellectual disability;
| 3 | | (h) A person who intentionally makes a false statement | 4 | | in the Firearm
Owner's Identification Card application;
| 5 | | (i) An alien who is unlawfully present in
the United | 6 | | States under the laws of the United States;
| 7 | | (i-5) An alien who has been admitted to the United | 8 | | States under a
non-immigrant visa (as that term is defined | 9 | | in Section 101(a)(26) of the
Immigration and Nationality | 10 | | Act (8 U.S.C. 1101(a)(26))), except that this
subsection | 11 | | (i-5) does not apply to any alien who has been lawfully | 12 | | admitted to
the United States under a non-immigrant visa | 13 | | if that alien is:
| 14 | | (1) admitted to the United States for lawful | 15 | | hunting or sporting purposes;
| 16 | | (2) an official representative of a foreign | 17 | | government who is:
| 18 | | (A) accredited to the United States Government | 19 | | or the Government's
mission to an international | 20 | | organization having its headquarters in the United
| 21 | | States; or
| 22 | | (B) en route to or from another country to | 23 | | which that alien is
accredited;
| 24 | | (3) an official of a foreign government or | 25 | | distinguished foreign visitor
who has been so | 26 | | designated by the Department of State;
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| 1 | | (4) a foreign law enforcement officer of a | 2 | | friendly foreign government
entering the United States | 3 | | on official business; or
| 4 | | (5) one who has received a waiver from the | 5 | | Attorney General of the United
States pursuant to 18 | 6 | | U.S.C. 922(y)(3);
| 7 | | (j) (Blank);
| 8 | | (k) A person who has been convicted within the past 5 | 9 | | years of battery,
assault, aggravated assault, violation | 10 | | of an order of protection, or a
substantially similar | 11 | | offense in another jurisdiction, in which a firearm was
| 12 | | used or possessed;
| 13 | | (l) A person who has been convicted of domestic | 14 | | battery, aggravated domestic battery, or a substantially
| 15 | | similar offense in another jurisdiction committed before, | 16 | | on or after January 1, 2012 (the effective date of Public | 17 | | Act 97-158). If the applicant or person who has been | 18 | | previously issued a Firearm Owner's Identification Card | 19 | | under this Act knowingly and intelligently waives the | 20 | | right to have an offense described in this paragraph (l) | 21 | | tried by a jury, and by guilty plea or otherwise, results | 22 | | in a conviction for an offense in which a domestic | 23 | | relationship is not a required element of the offense but | 24 | | in which a determination of the applicability of 18 U.S.C. | 25 | | 922(g)(9) is made under Section 112A-11.1 of the Code of | 26 | | Criminal Procedure of 1963, an entry by the court of a |
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| 1 | | judgment of conviction for that offense shall be grounds | 2 | | for denying an application for and for revoking and | 3 | | seizing a Firearm Owner's Identification Card previously | 4 | | issued to the person under this Act;
| 5 | | (m) (Blank);
| 6 | | (n) A person who is prohibited from acquiring or | 7 | | possessing
firearms or firearm ammunition by any Illinois | 8 | | State statute or by federal
law;
| 9 | | (o) A minor subject to a petition filed under Section | 10 | | 5-520 of the
Juvenile Court Act of 1987 alleging that the | 11 | | minor is a delinquent minor for
the commission of an | 12 | | offense that if committed by an adult would be a felony;
| 13 | | (p) An adult who had been adjudicated a delinquent | 14 | | minor under the Juvenile
Court Act of 1987 for the | 15 | | commission of an offense that if committed by an
adult | 16 | | would be a felony;
| 17 | | (q) A person who is not a resident of the State of | 18 | | Illinois, except as provided in subsection (a-10) of | 19 | | Section 4; | 20 | | (r) A person who has been adjudicated as a person with | 21 | | a mental disability; | 22 | | (s) A person who has been found to have a | 23 | | developmental disability; | 24 | | (t) A person involuntarily admitted into a mental | 25 | | health facility; or | 26 | | (u) A person who has had his or her Firearm Owner's |
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| 1 | | Identification Card revoked or denied under subsection (e) | 2 | | of this Section or item (iv) of paragraph (2) of | 3 | | subsection (a) of Section 4 of this Act because he or she | 4 | | was a patient in a mental health facility as provided in | 5 | | subsection (e) of this Section, shall not be permitted to | 6 | | obtain a Firearm Owner's Identification Card, after the | 7 | | 5-year period has lapsed, unless he or she has received a | 8 | | mental health evaluation by a physician, clinical | 9 | | psychologist, or qualified examiner as those terms are | 10 | | defined in the Mental Health and Developmental | 11 | | Disabilities Code, and has received a certification that | 12 | | he or she is not a clear and present danger to himself, | 13 | | herself, or others. The physician, clinical psychologist, | 14 | | or qualified examiner making the certification and his or | 15 | | her employer shall not be held criminally, civilly, or | 16 | | professionally liable for making or not making the | 17 | | certification required under this subsection, except for | 18 | | willful or wanton misconduct. This subsection does not | 19 | | apply to a person whose firearm possession rights have | 20 | | been restored through administrative or judicial action | 21 | | under Section 10 or 11 of this Act ; or | 22 | | (v) On or after the effective date of this amendatory | 23 | | Act of the 102nd General Assembly if he or she is applying | 24 | | for or renewing a Firearm Owner's Identification Card that | 25 | | he or she has not completed at least 8 hours of handgun | 26 | | safety training approved by the Director of the Illinois |
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| 1 | | State Police . | 2 | | Upon revocation of a person's Firearm Owner's | 3 | | Identification Card, the Illinois State Police shall provide | 4 | | notice to the person and the person shall comply with Section | 5 | | 9.5 of this Act. | 6 | | (Source: P.A. 101-80, eff. 7-12-19; 102-538, eff. 8-20-21; | 7 | | 102-645, eff. 1-1-22; revised 10-14-21.)
| 8 | | Section 95. The Criminal Code of 2012 is amended by | 9 | | changing Sections 24-3 and 24-3.5 as follows:
| 10 | | (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
| 11 | | Sec. 24-3. Unlawful sale or delivery of firearms.
| 12 | | (A) A person commits the offense of unlawful sale or | 13 | | delivery of firearms when he
or she knowingly does any of the | 14 | | following:
| 15 | | (a) Sells or gives any firearm of a size which may be | 16 | | concealed upon the
person to any person under 18 years of | 17 | | age.
| 18 | | (b) Sells or gives any firearm to a person under 21 | 19 | | years of age who has
been convicted of a misdemeanor other | 20 | | than a traffic offense or adjudged
delinquent.
| 21 | | (c) Sells or gives any firearm to any narcotic addict.
| 22 | | (d) Sells or gives any firearm to any person who has | 23 | | been convicted of a
felony under the laws of this or any | 24 | | other jurisdiction.
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| 1 | | (e) Sells or gives any firearm to any person who has | 2 | | been a patient in a
mental institution within the past 5 | 3 | | years. In this subsection (e): | 4 | | "Mental institution" means any hospital, | 5 | | institution, clinic, evaluation facility, mental | 6 | | health center, or part thereof, which is used | 7 | | primarily for the care or treatment of persons with | 8 | | mental illness. | 9 | | "Patient in a mental institution" means the person | 10 | | was admitted, either voluntarily or involuntarily, to | 11 | | a mental institution for mental health treatment, | 12 | | unless the treatment was voluntary and solely for an | 13 | | alcohol abuse disorder and no other secondary | 14 | | substance abuse disorder or mental illness.
| 15 | | (f) Sells or gives any firearms to any person who is a | 16 | | person with an intellectual disability.
| 17 | | (g) Delivers any firearm, incidental to a sale, | 18 | | without withholding delivery of the firearm
for at least | 19 | | 72 hours after application for its purchase has been made, | 20 | | or
delivers a stun gun or taser, incidental to a sale,
| 21 | | without withholding delivery of the stun gun or taser for
| 22 | | at least 24 hours after application for its purchase has | 23 | | been made.
However,
this paragraph (g) does not apply to: | 24 | | (1) the sale of a firearm
to a law enforcement officer if | 25 | | the seller of the firearm knows that the person to whom he | 26 | | or she is selling the firearm is a law enforcement officer |
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| 1 | | or the sale of a firearm to a person who desires to | 2 | | purchase a firearm for
use in promoting the public | 3 | | interest incident to his or her employment as a
bank | 4 | | guard, armed truck guard, or other similar employment; (2) | 5 | | a mail
order sale of a firearm from a federally licensed | 6 | | firearms dealer to a nonresident of Illinois under which | 7 | | the firearm
is mailed to a federally licensed firearms | 8 | | dealer outside the boundaries of Illinois; (3) (blank); | 9 | | (4) the sale of a
firearm to a dealer licensed as a federal | 10 | | firearms dealer under Section 923
of the federal Gun | 11 | | Control Act of 1968 (18 U.S.C. 923); or (5) the transfer or | 12 | | sale of any rifle, shotgun, or other long gun to a resident | 13 | | registered competitor or attendee or non-resident | 14 | | registered competitor or attendee by any dealer licensed | 15 | | as a federal firearms dealer under Section 923 of the | 16 | | federal Gun Control Act of 1968 at competitive shooting | 17 | | events held at the World Shooting Complex sanctioned by a | 18 | | national governing body. For purposes of transfers or | 19 | | sales under subparagraph (5) of this paragraph (g), the | 20 | | Department of Natural Resources shall give notice to the | 21 | | Illinois State Police at least 30 calendar days prior to | 22 | | any competitive shooting events at the World Shooting | 23 | | Complex sanctioned by a national governing body. The | 24 | | notification shall be made on a form prescribed by the | 25 | | Illinois State Police. The sanctioning body shall provide | 26 | | a list of all registered competitors and attendees at |
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| 1 | | least 24 hours before the events to the Illinois State | 2 | | Police. Any changes to the list of registered competitors | 3 | | and attendees shall be forwarded to the Illinois State | 4 | | Police as soon as practicable. The Illinois State Police | 5 | | must destroy the list of registered competitors and | 6 | | attendees no later than 30 days after the date of the | 7 | | event. Nothing in this paragraph (g) relieves a federally | 8 | | licensed firearm dealer from the requirements of | 9 | | conducting a NICS background check through the Illinois | 10 | | Point of Contact under 18 U.S.C. 922(t). For purposes of | 11 | | this paragraph (g), "application" means when the buyer and | 12 | | seller reach an agreement to purchase a firearm.
For | 13 | | purposes of this paragraph (g), "national governing body" | 14 | | means a group of persons who adopt rules and formulate | 15 | | policy on behalf of a national firearm sporting | 16 | | organization.
| 17 | | (h) While holding any license
as a dealer,
importer, | 18 | | manufacturer or pawnbroker
under the federal Gun Control | 19 | | Act of 1968,
manufactures, sells or delivers to any | 20 | | unlicensed person a handgun having
a barrel, slide, frame | 21 | | or receiver which is a die casting of zinc alloy or
any | 22 | | other nonhomogeneous metal which will melt or deform at a | 23 | | temperature
of less than 800 degrees Fahrenheit. For | 24 | | purposes of this paragraph, (1)
"firearm" is defined as in | 25 | | the Firearm Owners Identification Card Act; and (2)
| 26 | | "handgun" is defined as a firearm designed to be held
and |
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| 1 | | fired by the use of a single hand, and includes a | 2 | | combination of parts from
which such a firearm can be | 3 | | assembled.
| 4 | | (i) Sells or gives a firearm of any size to any person | 5 | | under 18 years of
age who does not possess a valid Firearm | 6 | | Owner's Identification Card.
| 7 | | (j) Sells or gives a firearm while engaged in the | 8 | | business of selling
firearms at wholesale or retail | 9 | | without being licensed as a federal firearms
dealer under | 10 | | Section 923 of the federal Gun Control Act of 1968 (18 | 11 | | U.S.C.
923). In this paragraph (j):
| 12 | | A person "engaged in the business" means a person who | 13 | | devotes time,
attention, and
labor to
engaging in the | 14 | | activity as a regular course of trade or business with the
| 15 | | principal objective of livelihood and profit, but does not | 16 | | include a person who
makes occasional repairs of firearms | 17 | | or who occasionally fits special barrels,
stocks, or | 18 | | trigger mechanisms to firearms.
| 19 | | "With the principal objective of livelihood and | 20 | | profit" means that the
intent
underlying the sale or | 21 | | disposition of firearms is predominantly one of
obtaining | 22 | | livelihood and pecuniary gain, as opposed to other | 23 | | intents, such as
improving or liquidating a personal | 24 | | firearms collection; however, proof of
profit shall not be | 25 | | required as to a person who engages in the regular and
| 26 | | repetitive purchase and disposition of firearms for |
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| 1 | | criminal purposes or
terrorism.
| 2 | | (k) Sells or transfers ownership of a firearm to a | 3 | | person who does not display to the seller or transferor of | 4 | | the firearm either: (1) a currently valid Firearm Owner's | 5 | | Identification Card that has previously been issued in the | 6 | | transferee's name by the Illinois State Police under the | 7 | | provisions of the Firearm Owners Identification Card Act; | 8 | | or (2) a currently valid license to carry a concealed | 9 | | firearm that has previously been issued in the | 10 | | transferee's name by the
Illinois State Police under the | 11 | | Firearm Concealed Carry Act. This paragraph (k) does not | 12 | | apply to the transfer of a firearm to a person who is | 13 | | exempt from the requirement of possessing a Firearm | 14 | | Owner's Identification Card under Section 2 of the Firearm | 15 | | Owners Identification Card Act. For the purposes of this | 16 | | Section, a currently valid Firearm Owner's Identification | 17 | | Card or license to carry a concealed firearm means receipt | 18 | | of an approval number issued in accordance with subsection | 19 | | (a-10) of Section subsection 3 or Section 3.1 of the | 20 | | Firearm Owners Identification Card Act. | 21 | | (1) In addition to the other requirements of this | 22 | | paragraph (k), all persons who are not federally | 23 | | licensed firearms dealers must also have complied with | 24 | | subsection (a-10) of Section 3 of the Firearm Owners | 25 | | Identification Card Act by determining the validity of | 26 | | a purchaser's Firearm Owner's Identification Card. |
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| 1 | | (2) All sellers or transferors who have complied | 2 | | with the requirements of subparagraph (1) of this | 3 | | paragraph (k) shall not be liable for damages in any | 4 | | civil action arising from the use or misuse by the | 5 | | transferee of the firearm transferred, except for | 6 | | willful or wanton misconduct on the part of the seller | 7 | | or transferor. | 8 | | (l) Not
being entitled to the possession of a firearm, | 9 | | delivers the
firearm, knowing it to have been stolen or | 10 | | converted. It may be inferred that
a person who possesses | 11 | | a firearm with knowledge that its serial number has
been | 12 | | removed or altered has knowledge that the firearm is | 13 | | stolen or converted. | 14 | | (B) Paragraph (h) of subsection (A) does not include | 15 | | firearms sold within 6
months after enactment of Public
Act | 16 | | 78-355 (approved August 21, 1973, effective October 1, 1973), | 17 | | nor is any
firearm legally owned or
possessed by any citizen or | 18 | | purchased by any citizen within 6 months after the
enactment | 19 | | of Public Act 78-355 subject
to confiscation or seizure under | 20 | | the provisions of that Public Act. Nothing in
Public Act | 21 | | 78-355 shall be construed to prohibit the gift or trade of
any | 22 | | firearm if that firearm was legally held or acquired within 6 | 23 | | months after
the enactment of that Public Act.
| 24 | | (m) Sells or gives a firearm to a person who does not | 25 | | display to the seller or transferor a permit to purchase | 26 | | the firearm issued by the local law enforcement agency |
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| 1 | | under Section 3.4 of the Firearm Owners Identification | 2 | | Card Act. | 3 | | (C) Sentence.
| 4 | | (1) Any person convicted of unlawful sale or delivery | 5 | | of firearms in violation of
paragraph (c), (e), (f), (g), | 6 | | or (h) of subsection (A) commits a Class
4
felony.
| 7 | | (2) Any person convicted of unlawful sale or delivery | 8 | | of firearms in violation of
paragraph (b) or (i) of | 9 | | subsection (A) commits a Class 3 felony.
| 10 | | (3) Any person convicted of unlawful sale or delivery | 11 | | of firearms in violation of
paragraph (a) of subsection | 12 | | (A) commits a Class 2 felony.
| 13 | | (4) Any person convicted of unlawful sale or delivery | 14 | | of firearms in violation of
paragraph (a), (b), or (i) of | 15 | | subsection (A) in any school, on the real
property | 16 | | comprising a school, within 1,000 feet of the real | 17 | | property comprising
a school, at a school related | 18 | | activity, or on or within 1,000 feet of any
conveyance | 19 | | owned, leased, or contracted by a school or school | 20 | | district to
transport students to or from school or a | 21 | | school related activity,
regardless of the time of day or | 22 | | time of year at which the offense
was committed, commits a | 23 | | Class 1 felony. Any person convicted of a second
or | 24 | | subsequent violation of unlawful sale or delivery of | 25 | | firearms in violation of paragraph
(a), (b), or (i) of | 26 | | subsection (A) in any school, on the real property
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| 1 | | comprising a school, within 1,000 feet of the real | 2 | | property comprising a
school, at a school related | 3 | | activity, or on or within 1,000 feet of any
conveyance | 4 | | owned, leased, or contracted by a school or school | 5 | | district to
transport students to or from school or a | 6 | | school related activity,
regardless of the time of day or | 7 | | time of year at which the offense
was committed, commits a | 8 | | Class 1 felony for which the sentence shall be a
term of | 9 | | imprisonment of no less than 5 years and no more than 15 | 10 | | years.
| 11 | | (5) Any person convicted of unlawful sale or delivery | 12 | | of firearms in violation of
paragraph (a) or (i) of | 13 | | subsection (A) in residential property owned,
operated, or | 14 | | managed by a public housing agency or leased by a public | 15 | | housing
agency as part of a scattered site or mixed-income | 16 | | development, in a public
park, in a
courthouse, on | 17 | | residential property owned, operated, or managed by a | 18 | | public
housing agency or leased by a public housing agency | 19 | | as part of a scattered site
or mixed-income development, | 20 | | on the real property comprising any public park,
on the | 21 | | real
property comprising any courthouse, or on any public | 22 | | way within 1,000 feet
of the real property comprising any | 23 | | public park, courthouse, or residential
property owned, | 24 | | operated, or managed by a public housing agency or leased | 25 | | by a
public housing agency as part of a scattered site or | 26 | | mixed-income development
commits a
Class 2 felony.
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| 1 | | (6) Any person convicted of unlawful sale or delivery | 2 | | of firearms in violation of
paragraph (j) of subsection | 3 | | (A) commits a Class A misdemeanor. A second or
subsequent | 4 | | violation is a Class 4 felony. | 5 | | (7) Any person convicted of unlawful sale or delivery | 6 | | of firearms in violation of paragraph (k) of subsection | 7 | | (A) commits a Class 4 felony, except that a violation of | 8 | | subparagraph (1) of paragraph (k) of subsection (A) shall | 9 | | not be punishable as a crime or petty offense. A third or | 10 | | subsequent conviction for a violation of paragraph (k) of | 11 | | subsection (A) is a Class 1 felony.
| 12 | | (8) A person 18 years of age or older convicted of | 13 | | unlawful sale or delivery of firearms in violation of | 14 | | paragraph (a) or (i) of subsection (A), when the firearm | 15 | | that was sold or given to another person under 18 years of | 16 | | age was used in the commission of or attempt to commit a | 17 | | forcible felony, shall be fined or imprisoned, or both, | 18 | | not to exceed the maximum provided for the most serious | 19 | | forcible felony so committed or attempted by the person | 20 | | under 18 years of age who was sold or given the firearm. | 21 | | (9) Any person convicted of unlawful sale or delivery | 22 | | of firearms in violation of
paragraph (d) of subsection | 23 | | (A) commits a Class 3 felony. | 24 | | (10) Any person convicted of unlawful sale or delivery | 25 | | of firearms in violation of paragraph (l) of subsection | 26 | | (A) commits a Class 2 felony if the delivery is of one |
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| 1 | | firearm. Any person convicted of unlawful sale or delivery | 2 | | of firearms in violation of paragraph (l) of subsection | 3 | | (A) commits a Class 1 felony if the delivery is of not less | 4 | | than 2 and not more than 5 firearms at the
same time or | 5 | | within a one-year one year period. Any person convicted of | 6 | | unlawful sale or delivery of firearms in violation of | 7 | | paragraph (l) of subsection (A) commits a Class X felony | 8 | | for which he or she shall be sentenced
to a term of | 9 | | imprisonment of not less than 6 years and not more than 30
| 10 | | years if the delivery is of not less than 6 and not more | 11 | | than 10 firearms at the
same time or within a 2-year 2 year | 12 | | period. Any person convicted of unlawful sale or delivery | 13 | | of firearms in violation of paragraph (l) of subsection | 14 | | (A) commits a Class X felony for which he or she shall be | 15 | | sentenced
to a term of imprisonment of not less than 6 | 16 | | years and not more than 40
years if the delivery is of not | 17 | | less than 11 and not more than 20 firearms at the
same time | 18 | | or within a 3-year 3 year period. Any person convicted of | 19 | | unlawful sale or delivery of firearms in violation of | 20 | | paragraph (l) of subsection (A) commits a Class X felony | 21 | | for which he or she shall be sentenced
to a term of | 22 | | imprisonment of not less than 6 years and not more than 50
| 23 | | years if the delivery is of not less than 21 and not more | 24 | | than 30 firearms at the
same time or within a 4-year 4 year | 25 | | period. Any person convicted of unlawful sale or delivery | 26 | | of firearms in violation of paragraph (l) of subsection |
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| 1 | | (A) commits a Class X felony for which he or she shall be | 2 | | sentenced
to a term of imprisonment of not less than 6 | 3 | | years and not more than 60
years if the delivery is of 31 | 4 | | or more firearms at the
same time or within a 5-year 5 year | 5 | | period. | 6 | | (11) Any person convicted of unlawful sale or delivery | 7 | | of firearms in violation of
paragraph (m) of subsection | 8 | | (A) commits a Class 1 felony. | 9 | | (D) For purposes of this Section:
| 10 | | "School" means a public or private elementary or secondary | 11 | | school,
community college, college, or university.
| 12 | | "School related activity" means any sporting, social, | 13 | | academic, or
other activity for which students' attendance or | 14 | | participation is sponsored,
organized, or funded in whole or | 15 | | in part by a school or school district.
| 16 | | (E) A prosecution for a violation of paragraph (k) of | 17 | | subsection (A) of this Section may be commenced within 6 years | 18 | | after the commission of the offense. A prosecution for a | 19 | | violation of this Section other than paragraph (g) of | 20 | | subsection (A) of this Section may be commenced within 5 years | 21 | | after the commission of the offense defined in the particular | 22 | | paragraph.
| 23 | | (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; | 24 | | revised 10-12-21.)
| 25 | | (720 ILCS 5/24-3.5)
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| 1 | | Sec. 24-3.5. Unlawful purchase of a firearm.
| 2 | | (a) For purposes of this Section,
"firearms transaction | 3 | | record form" means a form:
| 4 | | (1) executed by a transferee
of a firearm stating: (i) | 5 | | the transferee's name and address (including county
or | 6 | | similar political subdivision); (ii) whether the | 7 | | transferee is a citizen of
the United States;
(iii) the | 8 | | transferee's State of residence; and (iv) the date and | 9 | | place of
birth, height, weight, and race of the | 10 | | transferee; and
| 11 | | (2) on which the transferee certifies that he or she | 12 | | is not
prohibited by federal law from transporting or | 13 | | shipping a firearm
in interstate or foreign commerce or | 14 | | receiving a firearm that has been shipped
or transported | 15 | | in interstate or foreign commerce or possessing a firearm | 16 | | in or
affecting commerce.
| 17 | | (b) A person commits the offense of unlawful purchase of a | 18 | | firearm who
knowingly purchases or attempts to purchase a
| 19 | | firearm with the intent to deliver that firearm to another | 20 | | person who
is prohibited by federal or State law from | 21 | | possessing a firearm.
| 22 | | (c) A person commits the offense of unlawful purchase of a | 23 | | firearm when he
or she, in purchasing or attempting to | 24 | | purchase a firearm, intentionally
provides false or
misleading | 25 | | information on a United States Department of the Treasury, | 26 | | Bureau of
Alcohol, Tobacco and Firearms firearms transaction |
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| 1 | | record form.
| 2 | | (c-5) A person commits the offense of unlawful purchase of | 3 | | a firearm when he
or she, in purchasing or attempting to | 4 | | purchase a firearm does not display to the seller or | 5 | | transferor of the firearm a permit to purchase the firearm | 6 | | issued by the local law enforcement agency under Section 3.4 | 7 | | of the Firearm Owners Identification Card Act. | 8 | | (d) Exemption. It is not a violation of subsection (b) of | 9 | | this Section for a
person to make a gift or loan of a firearm | 10 | | to a
person who is not
prohibited by federal or State law from | 11 | | possessing a firearm
if the transfer of the firearm
is made in | 12 | | accordance with Section 3 of the Firearm Owners Identification | 13 | | Card
Act.
| 14 | | (e) Sentence.
| 15 | | (1) A person who commits the offense of unlawful | 16 | | purchase of a
firearm:
| 17 | | (A) is guilty of a Class 2 felony for purchasing or | 18 | | attempting to
purchase one firearm;
| 19 | | (B) is guilty of a Class 1 felony for purchasing or | 20 | | attempting to
purchase not less than 2
firearms and | 21 | | not more than 5 firearms at the same time or within a | 22 | | one
year period;
| 23 | | (C) is guilty of a Class X felony for which the | 24 | | offender shall be sentenced to a term of imprisonment | 25 | | of not less than 9 years and not more than 40 years for | 26 | | purchasing or attempting to
purchase not less than 6
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| 1 | | firearms at the same time or within a 2
year period.
| 2 | | (D) is guilty of a Class 2 felony for purchasing or | 3 | | attempting to
purchase a firearm in violation of | 4 | | subsection (c-5).
| 5 | | (2) In addition to any other penalty that may be | 6 | | imposed for a violation
of this Section, the court may | 7 | | sentence a person convicted of a violation of
subsection | 8 | | (c) of this Section to a fine not to exceed $250,000 for | 9 | | each
violation.
| 10 | | (f) A prosecution for unlawful purchase of a firearm may | 11 | | be commenced within 6 years after the commission of the | 12 | | offense.
| 13 | | (Source: P.A. 95-882, eff. 1-1-09.)
| 14 | | Section 995. No acceleration or delay. Where this Act | 15 | | makes changes in a statute that is represented in this Act by | 16 | | text that is not yet or no longer in effect (for example, a | 17 | | Section represented by multiple versions), the use of that | 18 | | text does not accelerate or delay the taking effect of (i) the | 19 | | changes made by this Act or (ii) provisions derived from any | 20 | | other Public Act.".
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