99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB2772
 
Introduced , by Rep. Daniel V. Beiser
 
SYNOPSIS AS INTRODUCED:






720 ILCS 5/24-3 from Ch. 38, par. 24-3

 Amends the Criminal Code of 2012. Provides that the waiting period before a firearm may be delivered to the transferee after application for its purchase has been made does not apply to the non-retail sales of firearms. Effective immediately.



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A BILL FOR
 


HB2772LRB099 10397 RLC 30624 b



1 AN ACT concerning criminal law.


2 Be it enacted by the People of the State of Illinois,

3represented in the General Assembly:



4 Section 5. The Criminal Code of 2012 is amended by changing 
5Section 24-3 as follows:



6 (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)


7 Sec. 24-3. Unlawful sale or delivery of firearms. 

8 (A) A person commits the offense of unlawful sale or 
9delivery of firearms when he
or she knowingly does any of the 
10following:


11  (a) Sells or gives any firearm of a size which may be 
12 concealed upon the
person to any person under 18 years of 
13 age.


14  (b) Sells or gives any firearm to a person under 21 
15 years of age who has
been convicted of a misdemeanor other 
16 than a traffic offense or adjudged
delinquent.


17  (c) Sells or gives any firearm to any narcotic addict.


18  (d) Sells or gives any firearm to any person who has 
19 been convicted of a
felony under the laws of this or any 
20 other jurisdiction.


21  (e) Sells or gives any firearm to any person who has 
22 been a patient in a
mental institution within the past 5 
23 years. In this subsection (e):
 
 
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1   "Mental institution" means any hospital, 
2 institution, clinic, evaluation facility, mental 
3 health center, or part thereof, which is used primarily 
4 for the care or treatment of persons with mental 
5 illness. 
6   "Patient in a mental institution" means the person 
7 was admitted, either voluntarily or involuntarily, to 
8 a mental institution for mental health treatment, 
9 unless the treatment was voluntary and solely for an 
10 alcohol abuse disorder and no other secondary 
11 substance abuse disorder or mental illness.


12  (f) Sells or gives any firearms to any person who is 
13 intellectually disabled.


14  (g) Delivers any firearm of a size which may be 
15 concealed upon the
person, incidental to a sale, without 
16 withholding delivery of such firearm
for at least 72 hours 
17 after application for its purchase has been made, or

18 delivers any rifle, shotgun or other long gun, or a stun 
19 gun or taser, incidental to a sale,
without withholding 
20 delivery of such rifle, shotgun or other long gun, or a 
21 stun gun or taser for
at least 24 hours after application 
22 for its purchase has been made.
However,
this paragraph (g) 
23 does not apply to: (1) the sale of a firearm
to a law 
24 enforcement officer if the seller of the firearm knows that 
25 the person to whom he or she is selling the firearm is a 
26 law enforcement officer or the sale of a firearm to a 
 
 
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1 person who desires to purchase a firearm for
use in 
2 promoting the public interest incident to his or her 
3 employment as a
bank guard, armed truck guard, or other 
4 similar employment; (2) a mail
order sale of a firearm to a 
5 nonresident of Illinois under which the firearm
is mailed 
6 to a point outside the boundaries of Illinois; (3) the sale

7 of a firearm to a nonresident of Illinois while at a 
8 firearm showing or display
recognized by the Illinois 
9 Department of State Police; or (4) the sale of a
firearm to 
10 a dealer licensed as a federal firearms dealer under 
11 Section 923
of the federal Gun Control Act of 1968 (18 
12 U.S.C. 923); or (5) non-retail sales of firearms. For 
13 purposes of this paragraph (g), "application" means when 
14 the buyer and seller reach an agreement to purchase a 
15 firearm.



16  (h) While holding any license
as a dealer,
importer, 
17 manufacturer or pawnbroker
under the federal Gun Control 
18 Act of 1968,
manufactures, sells or delivers to any 
19 unlicensed person a handgun having
a barrel, slide, frame 
20 or receiver which is a die casting of zinc alloy or
any 
21 other nonhomogeneous metal which will melt or deform at a 
22 temperature
of less than 800 degrees Fahrenheit. For 
23 purposes of this paragraph, (1)
"firearm" is defined as in 
24 the Firearm Owners Identification Card Act; and (2)

25 "handgun" is defined as a firearm designed to be held
and 
26 fired by the use of a single hand, and includes a 
 
 
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1 combination of parts from
which such a firearm can be 
2 assembled.


3  (i) Sells or gives a firearm of any size to any person 
4 under 18 years of
age who does not possess a valid Firearm 
5 Owner's Identification Card.


6  (j) Sells or gives a firearm while engaged in the 
7 business of selling
firearms at wholesale or retail without 
8 being licensed as a federal firearms
dealer under Section 
9 923 of the federal Gun Control Act of 1968 (18 U.S.C.
923). 
10 In this paragraph (j):


11  A person "engaged in the business" means a person who 
12 devotes time,
attention, and
labor to
engaging in the 
13 activity as a regular course of trade or business with the

14 principal objective of livelihood and profit, but does not 
15 include a person who
makes occasional repairs of firearms 
16 or who occasionally fits special barrels,
stocks, or 
17 trigger mechanisms to firearms.


18  "With the principal objective of livelihood and 
19 profit" means that the
intent
underlying the sale or 
20 disposition of firearms is predominantly one of
obtaining 
21 livelihood and pecuniary gain, as opposed to other intents, 
22 such as
improving or liquidating a personal firearms 
23 collection; however, proof of
profit shall not be required 
24 as to a person who engages in the regular and
repetitive 
25 purchase and disposition of firearms for criminal purposes 
26 or
terrorism.

 
 
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1  (k) Sells or transfers ownership of a firearm to a 
2 person who does not display to the seller or transferor of 
3 the firearm a currently valid Firearm Owner's 
4 Identification Card that has previously been issued in the 
5 transferee's name by the Department of State Police under 
6 the provisions of the Firearm Owners Identification Card 
7 Act. This paragraph (k) does not apply to the transfer of a 
8 firearm to a person who is exempt from the requirement of 
9 possessing a Firearm Owner's Identification Card under 
10 Section 2 of the Firearm Owners Identification Card Act. 
11 For the purposes of this Section, a currently valid Firearm 
12 Owner's Identification Card means (i) a Firearm Owner's 
13 Identification Card that has not expired or (ii) an 
14 approval number issued in accordance with subsection 
15 (a-10) of subsection 3 or Section 3.1 of the Firearm Owners 
16 Identification Card Act shall be proof that the Firearm 
17 Owner's Identification Card was valid.
18   (1) In addition to the other requirements of this 
19 paragraph (k), all persons who are not federally 
20 licensed firearms dealers must also have complied with 
21 subsection (a-10) of Section 3 of the Firearm Owners 
22 Identification Card Act by determining the validity of 
23 a purchaser's Firearm Owner's Identification Card.
24   (2) All sellers or transferors who have complied 
25 with the requirements of subparagraph (1) of this 
26 paragraph (k) shall not be liable for damages in any 
 
 
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1 civil action arising from the use or misuse by the 
2 transferee of the firearm transferred, except for 
3 willful or wanton misconduct on the part of the seller 
4 or transferor. 
5  (l) Not
being entitled to the possession of a firearm, 
6 delivers the
firearm, knowing it to have been stolen or 
7 converted. It may be inferred that
a person who possesses a 
8 firearm with knowledge that its serial number has
been 
9 removed or altered has knowledge that the firearm is stolen 
10 or converted. 
11 (B) Paragraph (h) of subsection (A) does not include 
12firearms sold within 6
months after enactment of Public
Act 
1378-355 (approved August 21, 1973, effective October 1, 1973), 
14nor is any
firearm legally owned or
possessed by any citizen or 
15purchased by any citizen within 6 months after the
enactment of 
16Public Act 78-355 subject
to confiscation or seizure under the 
17provisions of that Public Act. Nothing in
Public Act 78-355 
18shall be construed to prohibit the gift or trade of
any firearm 
19if that firearm was legally held or acquired within 6 months 
20after
the enactment of that Public Act.

21 (C) Sentence.


22  (1) Any person convicted of unlawful sale or delivery 
23 of firearms in violation of
paragraph (c), (e), (f), (g), 
24 or (h) of subsection (A) commits a Class
4
felony.


25  (2) Any person convicted of unlawful sale or delivery 
26 of firearms in violation of
paragraph (b) or (i) of 
 
 
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1 subsection (A) commits a Class 3 felony.


2  (3) Any person convicted of unlawful sale or delivery 
3 of firearms in violation of
paragraph (a) of subsection (A) 
4 commits a Class 2 felony.


5  (4) Any person convicted of unlawful sale or delivery 
6 of firearms in violation of
paragraph (a), (b), or (i) of 
7 subsection (A) in any school, on the real
property 
8 comprising a school, within 1,000 feet of the real property 
9 comprising
a school, at a school related activity, or on or 
10 within 1,000 feet of any
conveyance owned, leased, or 
11 contracted by a school or school district to
transport 
12 students to or from school or a school related activity,

13 regardless of the time of day or time of year at which the 
14 offense
was committed, commits a Class 1 felony. Any person 
15 convicted of a second
or subsequent violation of unlawful 
16 sale or delivery of firearms in violation of paragraph
(a), 
17 (b), or (i) of subsection (A) in any school, on the real 
18 property
comprising a school, within 1,000 feet of the real 
19 property comprising a
school, at a school related activity, 
20 or on or within 1,000 feet of any
conveyance owned, leased, 
21 or contracted by a school or school district to
transport 
22 students to or from school or a school related activity,

23 regardless of the time of day or time of year at which the 
24 offense
was committed, commits a Class 1 felony for which 
25 the sentence shall be a
term of imprisonment of no less 
26 than 5 years and no more than 15 years.


 
 
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1  (5) Any person convicted of unlawful sale or delivery 
2 of firearms in violation of
paragraph (a) or (i) of 
3 subsection (A) in residential property owned,
operated, or 
4 managed by a public housing agency or leased by a public 
5 housing
agency as part of a scattered site or mixed-income 
6 development, in a public
park, in a
courthouse, on 
7 residential property owned, operated, or managed by a 
8 public
housing agency or leased by a public housing agency 
9 as part of a scattered site
or mixed-income development, on 
10 the real property comprising any public park,
on the real

11 property comprising any courthouse, or on any public way 
12 within 1,000 feet
of the real property comprising any 
13 public park, courthouse, or residential
property owned, 
14 operated, or managed by a public housing agency or leased 
15 by a
public housing agency as part of a scattered site or 
16 mixed-income development
commits a
Class 2 felony.


17  (6) Any person convicted of unlawful sale or delivery 
18 of firearms in violation of
paragraph (j) of subsection (A) 
19 commits a Class A misdemeanor. A second or
subsequent 
20 violation is a Class 4 felony.
21  (7) Any person convicted of unlawful sale or delivery 
22 of firearms in violation of paragraph (k) of subsection (A) 
23 commits a Class 4 felony, except that a violation of 
24 subparagraph (1) of paragraph (k) of subsection (A) shall 
25 not be punishable as a crime or petty offense. A third or 
26 subsequent conviction for a violation of paragraph (k) of 
 
 
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1 subsection (A) is a Class 1 felony.


2  (8) A person 18 years of age or older convicted of 
3 unlawful sale or delivery of firearms in violation of 
4 paragraph (a) or (i) of subsection (A), when the firearm 
5 that was sold or given to another person under 18 years of 
6 age was used in the commission of or attempt to commit a 
7 forcible felony, shall be fined or imprisoned, or both, not 
8 to exceed the maximum provided for the most serious 
9 forcible felony so committed or attempted by the person 
10 under 18 years of age who was sold or given the firearm. 
11  (9) Any person convicted of unlawful sale or delivery 
12 of firearms in violation of
paragraph (d) of subsection (A) 
13 commits a Class 3 felony.
14  (10) Any person convicted of unlawful sale or delivery 
15 of firearms in violation of paragraph (l) of subsection (A) 
16 commits a Class 2 felony if the delivery is of one firearm. 
17 Any person convicted of unlawful sale or delivery of 
18 firearms in violation of paragraph (l) of subsection (A) 
19 commits a Class 1 felony if the delivery is of not less 
20 than 2 and not more than 5 firearms at the
same time or 
21 within a one year period. Any person convicted of unlawful 
22 sale or delivery of firearms in violation of paragraph (l) 
23 of subsection (A) commits a Class X felony for which he or 
24 she shall be sentenced
to a term of imprisonment of not 
25 less than 6 years and not more than 30
years if the 
26 delivery is of not less than 6 and not more than 10 
 
 
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1 firearms at the
same time or within a 2 year period. Any 
2 person convicted of unlawful sale or delivery of firearms 
3 in violation of paragraph (l) of subsection (A) commits a 
4 Class X felony for which he or she shall be sentenced
to a 
5 term of imprisonment of not less than 6 years and not more 
6 than 40
years if the delivery is of not less than 11 and 
7 not more than 20 firearms at the
same time or within a 3 
8 year period. Any person convicted of unlawful sale or 
9 delivery of firearms in violation of paragraph (l) of 
10 subsection (A) commits a Class X felony for which he or she 
11 shall be sentenced
to a term of imprisonment of not less 
12 than 6 years and not more than 50
years if the delivery is 
13 of not less than 21 and not more than 30 firearms at the

14 same time or within a 4 year period. Any person convicted 
15 of unlawful sale or delivery of firearms in violation of 
16 paragraph (l) of subsection (A) commits a Class X felony 
17 for which he or she shall be sentenced
to a term of 
18 imprisonment of not less than 6 years and not more than 60

19 years if the delivery is of 31 or more firearms at the
same 
20 time or within a 5 year period. 
21 (D) For purposes of this Section:

22 "School" means a public or private elementary or secondary 
23school,
community college, college, or university.

24 "School related activity" means any sporting, social, 
25academic, or
other activity for which students' attendance or 
26participation is sponsored,
organized, or funded in whole or in 
 
 
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1part by a school or school district.

2 (E) A prosecution for a violation of paragraph (k) of 
3subsection (A) of this Section may be commenced within 6 years 
4after the commission of the offense. A prosecution for a 
5violation of this Section other than paragraph (g) of 
6subsection (A) of this Section may be commenced within 5 years 
7after the commission of the offense defined in the particular 
8paragraph.

9(Source: P.A. 97-227, eff. 1-1-12; 97-347, eff. 1-1-12; 97-813, 
10eff. 7-13-12; 97-1167, eff. 6-1-13; 98-508, eff. 8-19-13.)



11 Section 99. Effective date. This Act takes effect upon 
12becoming law.