Illinois General Assembly - Full Text of HB5535
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Full Text of HB5535  102nd General Assembly

HB5535ham001 102ND GENERAL ASSEMBLY

Rep. Denyse Wang Stoneback

Filed: 2/9/2022

 

 


 

 


 
10200HB5535ham001LRB102 25390 RLC 35914 a

1
AMENDMENT TO HOUSE BILL 5535

2    AMENDMENT NO. ______. Amend House Bill 5535 by replacing
3everything after the enacting clause with the following:
 
4    "Section .05. This Act may be referred to as the Reduction
5in Gun Crime Act.
 
6    Section 1. Short title. This Act may be cited as the
7Commission on Interstate and Intrastate Trafficking of
8Firearms Act.
 
9    Section 5. Commission on Interstate and Intrastate
10Trafficking of Firearms.
11    (a) The Commission on Interstate and Intrastate
12Trafficking of Firearms is created within the Illinois State
13Police to assess the current needs relating to firearms
14trafficking and advise the Governor and General Assembly on
15necessary strategies to reduce illegal firearms trafficking.

 

 

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1    (b) The Commission shall be composed of the following
2members:
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
6the Chairperson of the Commission. Members shall serve 3-year
7terms without compensation. The Commission shall form 2
8subcommittees, one for interstate gun trafficking solutions
9and another for intrastate gun trafficking solutions.
10    (c) The Commission shall attempt to seek input and advice
11from:
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
15amended by changing Sections 3, 3.1, 4, and 8 and by adding
16Section 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
20knowingly transfer, or cause to be transferred, any firearm,
21firearm ammunition, stun gun, or taser to any person within
22this State unless the transferee with whom he deals displays
23either: (1) a currently valid Firearm Owner's Identification
24Card which has previously been issued in his or her name by the

 

 

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1Illinois State Police under the provisions of this Act; or (2)
2a currently valid license to carry a concealed firearm which
3has previously been issued in his or her name by the Illinois
4State Police under the Firearm Concealed Carry Act. In
5addition, all firearm, stun gun, and taser transfers by
6federally licensed firearm dealers are subject to Section 3.1.
7    (a-1) Before a person purchases or receives a firearm from
8a federally licensed firearm dealer, the person must display
9to the dealer of the firearm a permit to purchase or receive
10the firearm issued by the local law enforcement agency under
11Section 3.4.
12    (a-5) Any person who is not a federally licensed firearm
13dealer and who desires to transfer or sell a firearm while that
14person is on the grounds of a gun show must, before selling or
15transferring the firearm, request the Illinois State Police to
16conduct a background check on the prospective recipient of the
17firearm in accordance with Section 3.1.
18    (a-10) Notwithstanding item (2) of subsection (a) of this
19Section, any person who is not a federally licensed firearm
20dealer and who desires to transfer or sell a firearm or
21firearms to any person who is not a federally licensed firearm
22dealer shall, before selling or transferring the firearms,
23contact the Illinois State Police with the transferee's or
24purchaser's Firearm Owner's Identification Card number to
25determine the validity of the transferee's or purchaser's
26Firearm Owner's Identification Card. This subsection shall not

 

 

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1be effective until January 1, 2014. The Illinois State Police
2may adopt rules concerning the implementation of this
3subsection. The Illinois State Police shall provide the seller
4or transferor an approval number if the purchaser's Firearm
5Owner's Identification Card is valid. Approvals issued by the
6Illinois State Police Department for the purchase of a firearm
7pursuant to this subsection are valid for 30 days from the date
8of issue.
9    (a-15) The provisions of subsection (a-10) of this Section
10do 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
5Internet-based system for individuals to determine the
6validity of a Firearm Owner's Identification Card prior to the
7sale or transfer of a firearm. The Illinois State Police
8Department shall have the Internet-based system completed and
9available for use by July 1, 2015. The Illinois State Police
10Department shall adopt rules not inconsistent with this
11Section to implement this system.
12    (b) Any person within this State who transfers or causes
13to be transferred any firearm, stun gun, or taser shall keep a
14record of such transfer for a period of 10 years from the date
15of transfer. Such record shall contain the date of the
16transfer; the description, serial number or other information
17identifying the firearm, stun gun, or taser if no serial
18number is available; and, if the transfer was completed within
19this State, the transferee's Firearm Owner's Identification
20Card number and any approval number or documentation provided
21by the Illinois State Police pursuant to subsection (a-10) of
22this Section; if the transfer was not completed within this
23State, the record shall contain the name and address of the
24transferee. On or after January 1, 2006, the record shall
25contain the date of application for transfer of the firearm.
26On demand of a peace officer such transferor shall produce for

 

 

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1inspection such record of transfer. If the transfer or sale
2took place at a gun show, the record shall include the unique
3identification number. Failure to record the unique
4identification number or approval number is a petty offense.
5For transfers of a firearm, stun gun, or taser made on or after
6January 18, 2019 (the effective date of Public Act 100-1178)
7this amendatory Act of the 100th General Assembly, failure by
8the private seller to maintain the transfer records in
9accordance with this Section is a Class A misdemeanor for the
10first offense and a Class 4 felony for a second or subsequent
11offense. A transferee shall not be criminally liable under
12this Section provided that he or she provides the Illinois
13State Police with the transfer records in accordance with
14procedures established by the Illinois State Police
15Department. The Illinois State Police Department shall
16establish, by rule, a standard form on its website.
17    (b-5) Any resident may purchase ammunition from a person
18within or outside of Illinois if shipment is by United States
19mail or by a private express carrier authorized by federal law
20to ship ammunition. Any resident purchasing ammunition within
21or outside the State of Illinois must provide the seller with a
22copy of his or her valid Firearm Owner's Identification Card
23or valid concealed carry license and either his or her
24Illinois driver's license or Illinois State Identification
25Card prior to the shipment of the ammunition. The ammunition
26may be shipped only to an address on either of those 2

 

 

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1documents.
2    (c) The provisions of this Section regarding the transfer
3of firearm ammunition shall not apply to those persons
4specified 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
8knowingly transfer, or cause to be transferred, any firearm,
9firearm ammunition, stun gun, or taser to any person within
10this State unless the transferee with whom he deals displays
11either: (1) a currently valid Firearm Owner's Identification
12Card which has previously been issued in his or her name by the
13Illinois State Police under the provisions of this Act; or (2)
14a currently valid license to carry a concealed firearm which
15has previously been issued in his or her name by the Illinois
16State Police under the Firearm Concealed Carry Act. In
17addition, all firearm, stun gun, and taser transfers by
18federally licensed firearm dealers are subject to Section 3.1.
19    (a-1) Before a person purchases or receives a firearm from
20a federally licensed firearm dealer, the person must display
21to the dealer of the firearm a permit to purchase or receive
22the firearm issued by the local law enforcement agency under
23Section 3.4.
24    (a-5) Any person who is not a federally licensed firearm
25dealer and who desires to transfer or sell a firearm while that

 

 

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1person is on the grounds of a gun show must, before selling or
2transferring the firearm, request the Illinois State Police to
3conduct a background check on the prospective recipient of the
4firearm in accordance with Section 3.1.
5    (a-10) Notwithstanding item (2) of subsection (a) of this
6Section, any person who is not a federally licensed firearm
7dealer and who desires to transfer or sell a firearm or
8firearms to any person who is not a federally licensed firearm
9dealer shall, before selling or transferring the firearms,
10contact a federal firearm license dealer under paragraph (1)
11of subsection (a-15) of this Section to conduct the transfer
12or the Illinois State Police with the transferee's or
13purchaser's Firearm Owner's Identification Card number to
14determine the validity of the transferee's or purchaser's
15Firearm Owner's Identification Card under State and federal
16law, including the National Instant Criminal Background Check
17System. This subsection shall not be effective until January
181, 2024. Until that date the transferor shall contact the
19Illinois State Police with the transferee's or purchaser's
20Firearm Owner's Identification Card number to determine the
21validity of the card. The Illinois State Police may adopt
22rules concerning the implementation of this subsection. The
23Illinois State Police shall provide the seller or transferor
24an approval number if the purchaser's Firearm Owner's
25Identification Card is valid. Approvals issued by the Illinois
26State Police Department for the purchase of a firearm pursuant

 

 

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1to this subsection are valid for 30 days from the date of
2issue.
3    (a-15) The provisions of subsection (a-10) of this Section
4do 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
25Internet-based system for individuals to determine the
26validity of a Firearm Owner's Identification Card prior to the

 

 

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1sale or transfer of a firearm. The Illinois State Police
2Department shall have the Internet-based system updated and
3available for use by January 1, 2024. The Illinois State
4Police shall adopt rules not inconsistent with this Section to
5implement this system; but no rule shall allow the Illinois
6State Police to retain records in contravention of State and
7federal law.
8    (a-25) On or before January 1, 2022, the Illinois State
9Police shall develop an Internet-based system upon which the
10serial numbers of firearms that have been reported stolen are
11available for public access for individuals to ensure any
12firearms are not reported stolen prior to the sale or transfer
13of a firearm under this Section. The Illinois State Police
14shall have the Internet-based system completed and available
15for use by July 1, 2022. The Illinois State Police Department
16shall adopt rules not inconsistent with this Section to
17implement this system.
18    (b) Any person within this State who transfers or causes
19to be transferred any firearm, stun gun, or taser shall keep a
20record of such transfer for a period of 10 years from the date
21of transfer. Any person within this State who receives any
22firearm, stun gun, or taser pursuant to subsection (a-10)
23shall provide a record of the transfer within 10 days of the
24transfer to a federally licensed firearm dealer and shall not
25be required to maintain a transfer record. The federally
26licensed firearm dealer shall maintain the transfer record for

 

 

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120 years from the date of receipt. A federally licensed
2firearm dealer may charge a fee not to exceed $25 to retain the
3record. The record shall be provided and maintained in either
4an electronic or paper format. The federally licensed firearm
5dealer shall not be liable for the accuracy of any information
6in the transfer record submitted pursuant to this Section.
7Such records shall contain the date of the transfer; the
8description, serial number or other information identifying
9the firearm, stun gun, or taser if no serial number is
10available; and, if the transfer was completed within this
11State, the transferee's Firearm Owner's Identification Card
12number and any approval number or documentation provided by
13the Illinois State Police pursuant to subsection (a-10) of
14this Section; if the transfer was not completed within this
15State, the record shall contain the name and address of the
16transferee. On or after January 1, 2006, the record shall
17contain the date of application for transfer of the firearm.
18On demand of a peace officer such transferor shall produce for
19inspection such record of transfer. For any transfer pursuant
20to subsection (a-10) of this Section, on the demand of a peace
21officer, such transferee shall identify the federally licensed
22firearm dealer maintaining the transfer record. If the
23transfer or sale took place at a gun show, the record shall
24include the unique identification number. Failure to record
25the unique identification number or approval number is a petty
26offense. For transfers of a firearm, stun gun, or taser made on

 

 

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1or after January 18, 2019 (the effective date of Public Act
2100-1178) this amendatory Act of the 100th General Assembly,
3failure by the private seller to maintain the transfer records
4in accordance with this Section, or failure by a transferee
5pursuant to subsection a-10 of this Section to identify the
6federally licensed firearm dealer maintaining the transfer
7record, is a Class A misdemeanor for the first offense and a
8Class 4 felony for a second or subsequent offense occurring
9within 10 years of the first offense and the second offense was
10committed after conviction of the first offense. Whenever any
11person who has not previously been convicted of any violation
12of subsection (a-5), the court may grant supervision pursuant
13to and consistent with the limitations of Section 5-6-1 of the
14Unified Code of Corrections. A transferee or transferor shall
15not be criminally liable under this Section provided that he
16or she provides the Illinois State Police with the transfer
17records in accordance with procedures established by the
18Illinois State Police Department. The Illinois State Police
19Department shall establish, by rule, a standard form on its
20website.
21    (b-5) Any resident may purchase ammunition from a person
22within or outside of Illinois if shipment is by United States
23mail or by a private express carrier authorized by federal law
24to ship ammunition. Any resident purchasing ammunition within
25or outside the State of Illinois must provide the seller with a
26copy of his or her valid Firearm Owner's Identification Card

 

 

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1or valid concealed carry license and either his or her
2Illinois driver's license or Illinois State Identification
3Card prior to the shipment of the ammunition. The ammunition
4may be shipped only to an address on either of those 2
5documents.
6    (c) The provisions of this Section regarding the transfer
7of firearm ammunition shall not apply to those persons
8specified 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;
10revised 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
14telephone system or utilize other existing technology which
15shall be used by any federally licensed firearm dealer, gun
16show promoter, or gun show vendor who is to transfer a firearm,
17stun gun, or taser under the provisions of this Act. The
18Illinois State Police may utilize existing technology which
19allows the caller to be charged a fee not to exceed $2. Fees
20collected by the Illinois State Police shall be deposited in
21the State Police Firearm Services Fund and used to provide the
22service.
23    (b) Upon receiving a request from a federally licensed
24firearm dealer, gun show promoter, or gun show vendor, the
25Illinois State Police shall immediately approve, or, within

 

 

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1the time period established by Section 24-3 of the Criminal
2Code of 2012 regarding the delivery of firearms, stun guns,
3and tasers, notify the inquiring dealer, gun show promoter, or
4gun show vendor of any objection that would disqualify the
5transferee from acquiring or possessing a firearm, stun gun,
6or taser. In conducting the inquiry, the Illinois State Police
7shall initiate and complete an automated search of its
8criminal history record information files and those of the
9Federal Bureau of Investigation, including the National
10Instant Criminal Background Check System, and of the files of
11the Department of Human Services relating to mental health and
12developmental disabilities to obtain any felony conviction or
13patient hospitalization information which would disqualify a
14person from obtaining or require revocation of a currently
15valid Firearm Owner's Identification Card.
16    (b-5) By January 1, 2023, the Illinois State Police shall
17by rule provide a process for the automatic renewal of the
18Firearm Owner's Identification Card of a person at the time of
19an inquiry in subsection (b). Persons eligible for this
20process must have a set of fingerprints on file with their
21applications application under either subsection (a-25) of
22Section 4 or the Firearm Concealed Carry Act.
23    (c) If receipt of a firearm would not violate Section 24-3
24of the Criminal Code of 2012, federal law, or this Act, the
25Illinois State Police shall:
26        (1) assign a unique identification number to the

 

 

10200HB5535ham001- 19 -LRB102 25390 RLC 35914 a

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
5purchase of a firearm are valid for 30 days from the date of
6issue.
7    (e) (1) The Illinois State Police must act as the Illinois
8Point of Contact for the National Instant Criminal Background
9Check System.
10    (2) The Illinois State Police and the Department of Human
11Services shall, in accordance with State and federal law
12regarding confidentiality, enter into a memorandum of
13understanding with the Federal Bureau of Investigation for the
14purpose of implementing the National Instant Criminal
15Background Check System in the State. The Illinois State
16Police shall report the name, date of birth, and physical
17description of any person prohibited from possessing a firearm
18pursuant to the Firearm Owners Identification Card Act or 18
19U.S.C. 922(g) and (n) to the National Instant Criminal
20Background Check System Index, Denied Persons Files.
21    (3) The Illinois State Police shall provide notice of the
22disqualification of a person under subsection (b) of this
23Section or the revocation of a person's Firearm Owner's
24Identification Card under Section 8 or Section 8.2 of this
25Act, and the reason for the disqualification or revocation, to
26all law enforcement agencies with jurisdiction to assist with

 

 

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1the seizure of the person's Firearm Owner's Identification
2Card.
3    (f) The Illinois State Police shall adopt rules not
4inconsistent with this Section to implement this system.
5(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
6revised 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
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. The
15requirement that an applicant for a firearm submit a full set
16of fingerprints before being issued a firearm permit applies
17to the first issuance of a firearm permit under this
18amendatory Act of the 102nd General Assembly. Subsequent
19applications for firearm permits issued to an applicant do not
20require the re-submission of the applicant's fingerprints.
21    (b) Each local law enforcement agency shall keep records
22of those permits and make them available to the Illinois State
23Police through the Law Enforcement Agencies Data System
24(LEADS).
25    (c) The duration of the permit shall be 10 days after its

 

 

10200HB5535ham001- 21 -LRB102 25390 RLC 35914 a

1issuance.
2    (d) The local law enforcement agency may deny a permit to
3purchase a firearm to an applicant if the agency, in its
4discretion, believes it is in the interest of public safety.
5    (e) Prior to the purchase of a firearm, a person must
6submit the permit issued by the local law enforcement agency
7to the dealer or transferor of the firearm.
8    (f) In this Section, "local law enforcement agency" means
9the municipal police department of the municipality in which
10the applicant for the firearm purchase resides, or if the
11applicant resides in an unincorporated area, or if no
12municipal police department exists in the applicant's
13municipality of residence, then "local law enforcement agency"
14means the office of the sheriff of the county of the
15applicant's residence.
 
16    (430 ILCS 65/4)  (from Ch. 38, par. 83-4)
17    Sec. 4. Application for Firearm Owner's Identification
18Cards.
19    (a) Each applicant for a Firearm Owner's Identification
20Card 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

 

 

10200HB5535ham001- 23 -LRB102 25390 RLC 35914 a

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

 

 

10200HB5535ham001- 24 -LRB102 25390 RLC 35914 a

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

 

 

10200HB5535ham001- 25 -LRB102 25390 RLC 35914 a

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;

 

 

10200HB5535ham001- 26 -LRB102 25390 RLC 35914 a

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
8Identification Card shall acknowledge that if the person's
9Firearm Owner's Identification Card is revoked by a court or
10as a result of a criminal conviction that makes the person
11ineligible for a Firearm Owner's Identification Card, a court
12has probable cause to issue a search warrant to seize any
13firearms in the person's possession.
14    (a-5) Each applicant for a Firearm Owner's Identification
15Card who is over the age of 18 shall furnish to the Illinois
16State Police either his or her Illinois driver's license
17number or Illinois Identification Card number, except as
18provided in subsection (a-10).
19    (a-10) Each applicant for a Firearm Owner's Identification
20Card, who is employed as a law enforcement officer, an armed
21security officer in Illinois, or by the United States Military
22permanently assigned in Illinois and who is not an Illinois
23resident, shall furnish to the Illinois State Police his or
24her driver's license number or state identification card
25number from his or her state of residence. The Illinois State
26Police may adopt rules to enforce the provisions of this

 

 

10200HB5535ham001- 28 -LRB102 25390 RLC 35914 a

1subsection (a-10).
2    (a-15) If an applicant applying for a Firearm Owner's
3Identification Card moves from the residence address named in
4the application, he or she shall immediately notify in a form
5and manner prescribed by the Illinois State Police of that
6change of address.
7    (a-20) Each applicant for a Firearm Owner's Identification
8Card shall furnish to the Illinois State Police his or her
9photograph. An applicant who is 21 years of age or older
10seeking a religious exemption to the photograph requirement
11must furnish with the application an approved copy of United
12States Department of the Treasury Internal Revenue Service
13Form 4029. In lieu of a photograph, an applicant regardless of
14age seeking a religious exemption to the photograph
15requirement shall submit fingerprints on a form and manner
16prescribed by the Illinois State Police Department with his or
17her application.
18    (a-25) Beginning January 1, 2023, each applicant for the
19issuance of a Firearm Owner's Identification Card may include
20a full set of his or her fingerprints in electronic format to
21the Illinois State Police, unless the applicant has previously
22provided a full set of his or her fingerprints to the Illinois
23State Police under this Act or the Firearm Concealed Carry
24Act.
25    The fingerprints must be transmitted through a live scan
26fingerprint vendor licensed by the Department of Financial and

 

 

10200HB5535ham001- 29 -LRB102 25390 RLC 35914 a

1Professional Regulation. The fingerprints shall be checked
2against the fingerprint records now and hereafter filed in the
3Illinois State Police and Federal Bureau of Investigation
4criminal history records databases, including all available
5State and local criminal history record information files.
6    The Illinois State Police shall charge applicants a
7one-time fee for conducting the criminal history record check,
8which shall be deposited into the State Police Services Fund
9and shall not exceed the actual cost of the State and national
10criminal history record check.
11    (a-26) The Illinois State Police shall research, explore,
12and report to the General Assembly by January 1, 2022 on the
13feasibility of permitting voluntarily submitted fingerprints
14obtained for purposes other than Firearm Owner's
15Identification Card enforcement that are contained in the
16Illinois State Police database for purposes of this Act.
17    (b) Each application form shall include the following
18statement printed in bold type: "Warning: Entering false
19information on an application for a Firearm Owner's
20Identification Card is punishable as a Class 2 felony in
21accordance with subsection (d-5) of Section 14 of the Firearm
22Owners Identification Card Act.".
23    (c) Upon such written consent, pursuant to Section 4,
24paragraph (a)(2)(i), the parent or legal guardian giving the
25consent shall be liable for any damages resulting from the
26applicant's use of firearms or firearm ammunition.

 

 

10200HB5535ham001- 30 -LRB102 25390 RLC 35914 a

1(Source: P.A. 101-80, eff. 7-12-19; 102-237, eff. 1-1-22;
2102-538, 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
5State Police has authority to deny an application for or to
6revoke and seize a Firearm Owner's Identification Card
7previously issued under this Act only if the Illinois State
8Police Department finds that the applicant or the person to
9whom 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

 

 

10200HB5535ham001- 32 -LRB102 25390 RLC 35914 a

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

 

 

10200HB5535ham001- 35 -LRB102 25390 RLC 35914 a

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

 

 

10200HB5535ham001- 36 -LRB102 25390 RLC 35914 a

1    State Police.
2    Upon revocation of a person's Firearm Owner's
3Identification Card, the Illinois State Police shall provide
4notice to the person and the person shall comply with Section
59.5 of this Act.
6(Source: P.A. 101-80, eff. 7-12-19; 102-538, eff. 8-20-21;
7102-645, eff. 1-1-22; revised 10-14-21.)
 
8    Section 95. The Criminal Code of 2012 is amended by
9changing 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
13delivery of firearms when he or she knowingly does any of the
14following:
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

 

 

10200HB5535ham001- 38 -LRB102 25390 RLC 35914 a

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

 

 

10200HB5535ham001- 39 -LRB102 25390 RLC 35914 a

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
15firearms sold within 6 months after enactment of Public Act
1678-355 (approved August 21, 1973, effective October 1, 1973),
17nor is any firearm legally owned or possessed by any citizen or
18purchased by any citizen within 6 months after the enactment
19of Public Act 78-355 subject to confiscation or seizure under
20the provisions of that Public Act. Nothing in Public Act
2178-355 shall be construed to prohibit the gift or trade of any
22firearm if that firearm was legally held or acquired within 6
23months 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

 

 

10200HB5535ham001- 47 -LRB102 25390 RLC 35914 a

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
11school, community college, college, or university.
12    "School related activity" means any sporting, social,
13academic, or other activity for which students' attendance or
14participation is sponsored, organized, or funded in whole or
15in part by a school or school district.
16    (E) A prosecution for a violation of paragraph (k) of
17subsection (A) of this Section may be commenced within 6 years
18after the commission of the offense. A prosecution for a
19violation of this Section other than paragraph (g) of
20subsection (A) of this Section may be commenced within 5 years
21after the commission of the offense defined in the particular
22paragraph.
23(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
24revised 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
3record 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
18firearm who knowingly purchases or attempts to purchase a
19firearm with the intent to deliver that firearm to another
20person who is prohibited by federal or State law from
21possessing a firearm.
22    (c) A person commits the offense of unlawful purchase of a
23firearm when he or she, in purchasing or attempting to
24purchase a firearm, intentionally provides false or misleading
25information on a United States Department of the Treasury,
26Bureau of Alcohol, Tobacco and Firearms firearms transaction

 

 

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1record form.
2    (c-5) A person commits the offense of unlawful purchase of
3a firearm when he or she, in purchasing or attempting to
4purchase a firearm does not display to the seller or
5transferor of the firearm a permit to purchase the firearm
6issued by the local law enforcement agency under Section 3.4
7of the Firearm Owners Identification Card Act.
8    (d) Exemption. It is not a violation of subsection (b) of
9this Section for a person to make a gift or loan of a firearm
10to a person who is not prohibited by federal or State law from
11possessing a firearm if the transfer of the firearm is made in
12accordance with Section 3 of the Firearm Owners Identification
13Card 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
11be commenced within 6 years after the commission of the
12offense.
13(Source: P.A. 95-882, eff. 1-1-09.)
 
14    Section 995. No acceleration or delay. Where this Act
15makes changes in a statute that is represented in this Act by
16text that is not yet or no longer in effect (for example, a
17Section represented by multiple versions), the use of that
18text does not accelerate or delay the taking effect of (i) the
19changes made by this Act or (ii) provisions derived from any
20other Public Act.".