99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 HB3563

Introduced , by Rep. Jerry F. Costello, II

SYNOPSIS AS INTRODUCED:

`430 ILCS 65/1.1`	`from Ch. 38, par. 83-1.1`
`430 ILCS 65/3a`	`from Ch. 38, par. 83-3a`
`720 ILCS 5/24-3`	`from Ch. 38, par. 24-3`

Amends the Firearm Owners Identification Card Act. Provides that nothing in the definition of "gun show" shall be construed to exclude a gun show held in conjunction with competitive shooting events at the World Shooting Complex sanctioned by a national governing body in which the sale or transfer of firearms is authorized under the Criminal Code of 2012. Provides that any non-resident registered participant of a competitive

shooting
event held at the World Shooting Complex sanctioned by a national

governing
body, who is not prohibited by the laws of Illinois, the state of

his or her
domicile, or the United States from obtaining, possessing, or

using a firearm
may purchase or obtain a rifle, shotgun, or other long gun

or ammunition for
a rifle, shotgun, or other long gun at the competitive

shooting event. Amends the Criminal Code of 2012. Provides that waiting period for the delivery of a firearm after application for its purchase has been made does not apply to the transfer or sale of any rifle, shotgun, or other long gun to a resident registered participant or non-resident registered participant by any dealer licensed as a federal firearms dealer under the federal Gun Control Act of 1968 at competitive shooting events held at the World Shooting Complex sanctioned by a national governing body. Provides that the Department of Natural Resources shall give notice to the Department of State Police at least 30 calendar days prior to any competitive shooting events at the World Shooting Complex sanctioned by a national governing body. Provides that the sanctioning body shall provide a list of all registered participants at least 24 hours before the events to the Department of State Police. Provides that any changes to the list of registered participants shall be forwarded to the Department of State Police as soon as practicable.

LRB099 08621 RLC 28784 b

A BILL FOR

HB3563

LRB099 08621 RLC 28784 b

1 AN ACT concerning firearms and firearm ammunition.

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

3 represented in the General Assembly:

4 Section 5. The Firearm Owners Identification Card Act is

5 amended by changing Sections 1.1 and 3a as follows:

6 (430 ILCS 65/1.1) (from Ch. 38, par. 83-1.1)

7 Sec. 1.1. For purposes of this Act:

8 "Addicted to narcotics" means a person who has been:

9 (1) convicted of an offense involving the use or

10 possession of cannabis, a controlled substance, or

11 methamphetamine within the past year; or

12 (2) determined by the Department of State Police to be

13 addicted to narcotics based upon federal law or federal

14 guidelines.

15 "Addicted to narcotics" does not include possession or use

16 of a prescribed controlled substance under the direction and

17 authority of a physician or other person authorized to

18 prescribe the controlled substance when the controlled

19 substance is used in the prescribed manner.

20 "Adjudicated as a mentally disabled person" means the

21 person is the subject of a determination by a court, board,

22 commission or other lawful authority that the person, as a

23 result of marked subnormal intelligence, or mental illness,

HB3563

- 2 -

LRB099 08621 RLC 28784 b

1 mental impairment, incompetency, condition, or disease:

2 (1) presents a clear and present danger to himself,

3 herself, or to others;

4 (2) lacks the mental capacity to manage his or her own

5 affairs or is adjudicated a disabled person as defined in

6 Section 11a-2 of the Probate Act of 1975;

7 (3) is not guilty in a criminal case by reason of

8 insanity, mental disease or defect;

9 (3.5) is guilty but mentally ill, as provided in

10 Section 5-2-6 of the Unified Code of Corrections;

11 (4) is incompetent to stand trial in a criminal case;

12 (5) is not guilty by reason of lack of mental

13 responsibility under Articles 50a and 72b of the Uniform

14 Code of Military Justice, 10 U.S.C. 850a, 876b;

15 (6) is a sexually violent person under subsection (f)

16 of Section 5 of the Sexually Violent Persons Commitment

17 Act;

18 (7) is a sexually dangerous person under the Sexually

19 Dangerous Persons Act;

20 (8) is unfit to stand trial under the Juvenile Court

21 Act of 1987;

22 (9) is not guilty by reason of insanity under the

23 Juvenile Court Act of 1987;

24 (10) is subject to involuntary admission as an

25 inpatient as defined in Section 1-119 of the Mental Health

26 and Developmental Disabilities Code;

HB3563

- 3 -

LRB099 08621 RLC 28784 b

1 (11) is subject to involuntary admission as an

2 outpatient as defined in Section 1-119.1 of the Mental

3 Health and Developmental Disabilities Code;

4 (12) is subject to judicial admission as set forth in

5 Section 4-500 of the Mental Health and Developmental

6 Disabilities Code; or

7 (13) is subject to the provisions of the Interstate

8 Agreements on Sexually Dangerous Persons Act.

9 "Clear and present danger" means a person who:

10 (1) communicates a serious threat of physical violence

11 against a reasonably identifiable victim or poses a clear

12 and imminent risk of serious physical injury to himself,

13 herself, or another person as determined by a physician,

14 clinical psychologist, or qualified examiner; or

15 (2) demonstrates threatening physical or verbal

16 behavior, such as violent, suicidal, or assaultive

17 threats, actions, or other behavior, as determined by a

18 physician, clinical psychologist, qualified examiner,

19 school administrator, or law enforcement official.

20 "Clinical psychologist" has the meaning provided in

21 Section 1-103 of the Mental Health and Developmental

22 Disabilities Code.

23 "Controlled substance" means a controlled substance or

24 controlled substance analog as defined in the Illinois

25 Controlled Substances Act.

26 "Counterfeit" means to copy or imitate, without legal

HB3563

- 4 -

LRB099 08621 RLC 28784 b

1 authority, with intent to deceive.

2 "Developmentally disabled" means a disability which is

3 attributable to any other condition which results in impairment

4 similar to that caused by an intellectual disability and which

5 requires services similar to those required by intellectually

6 disabled persons. The disability must originate before the age

7 of 18 years, be expected to continue indefinitely, and

8 constitute a substantial handicap.

9 "Federally licensed firearm dealer" means a person who is

10 licensed as a federal firearms dealer under Section 923 of the

11 federal Gun Control Act of 1968 (18 U.S.C. 923).

12 "Firearm" means any device, by whatever name known, which

13 is designed to expel a projectile or projectiles by the action

14 of an explosion, expansion of gas or escape of gas; excluding,

15 however:

16 (1) any pneumatic gun, spring gun, paint ball gun, or

17 B-B gun which expels a single globular projectile not

18 exceeding .18 inch in diameter or which has a maximum

19 muzzle velocity of less than 700 feet per second;

20 (1.1) any pneumatic gun, spring gun, paint ball gun, or

21 B-B gun which expels breakable paint balls containing

22 washable marking colors;

23 (2) any device used exclusively for signalling or

24 safety and required or recommended by the United States

25 Coast Guard or the Interstate Commerce Commission;

26 (3) any device used exclusively for the firing of stud

HB3563

- 5 -

LRB099 08621 RLC 28784 b

1 cartridges, explosive rivets or similar industrial

2 ammunition; and

3 (4) an antique firearm (other than a machine-gun)

4 which, although designed as a weapon, the Department of

5 State Police finds by reason of the date of its

6 manufacture, value, design, and other characteristics is

7 primarily a collector's item and is not likely to be used

8 as a weapon.

9 "Firearm ammunition" means any self-contained cartridge or

10 shotgun shell, by whatever name known, which is designed to be

11 used or adaptable to use in a firearm; excluding, however:

12 (1) any ammunition exclusively designed for use with a

13 device used exclusively for signalling or safety and

14 required or recommended by the United States Coast Guard or

15 the Interstate Commerce Commission; and

16 (2) any ammunition designed exclusively for use with a

17 stud or rivet driver or other similar industrial

18 ammunition.

19 "Gun show" means an event or function:

20 (1) at which the sale and transfer of firearms is the

21 regular and normal course of business and where 50 or more

22 firearms are displayed, offered, or exhibited for sale,

23 transfer, or exchange; or

24 (2) at which not less than 10 gun show vendors display,

25 offer, or exhibit for sale, sell, transfer, or exchange

26 firearms.

HB3563

- 6 -

LRB099 08621 RLC 28784 b

1 "Gun show" includes the entire premises provided for an

2 event or function, including parking areas for the event or

3 function, that is sponsored to facilitate the purchase, sale,

4 transfer, or exchange of firearms as described in this Section.

5 Nothing in this definition shall be construed to exclude a gun

6 show held in conjunction with competitive shooting events at

7 the World Shooting Complex sanctioned by a national governing

8 body in which the sale or transfer of firearms is authorized

9 under subparagraph (5) of paragraph (g) of subsection (A) of

10 Section 24-3 of the Criminal Code of 2012.

11 "Gun show" does not include training or safety classes,

12 competitive shooting events, such as rifle, shotgun, or handgun

13 matches, trap, skeet, or sporting clays shoots, dinners,

14 banquets, raffles, or any other event where the sale or

15 transfer of firearms is not the primary course of business.

16 "Gun show promoter" means a person who organizes or

17 operates a gun show.

18 "Gun show vendor" means a person who exhibits, sells,

19 offers for sale, transfers, or exchanges any firearms at a gun

20 show, regardless of whether the person arranges with a gun show

21 promoter for a fixed location from which to exhibit, sell,

22 offer for sale, transfer, or exchange any firearm.

23 "Intellectually disabled" means significantly subaverage

24 general intellectual functioning which exists concurrently

25 with impairment in adaptive behavior and which originates

26 before the age of 18 years.

HB3563

- 7 -

LRB099 08621 RLC 28784 b

1 "Involuntarily admitted" has the meaning as prescribed in

2 Sections 1-119 and 1-119.1 of the Mental Health and

3 Developmental Disabilities Code.

4 "Mental health facility" means any licensed private

5 hospital or hospital affiliate, institution, or facility, or

6 part thereof, and any facility, or part thereof, operated by

7 the State or a political subdivision thereof which provide

8 treatment of persons with mental illness and includes all

9 hospitals, institutions, clinics, evaluation facilities,

10 mental health centers, colleges, universities, long-term care

11 facilities, and nursing homes, or parts thereof, which provide

12 treatment of persons with mental illness whether or not the

13 primary purpose is to provide treatment of persons with mental

14 illness.

15 "Patient" means:

16 (1) a person who voluntarily receives mental health

17 treatment as an in-patient or resident of any public or

18 private mental health facility, unless the treatment was

19 solely for an alcohol abuse disorder and no other secondary

20 substance abuse disorder or mental illness; or

21 (2) a person who voluntarily receives mental health

22 treatment as an out-patient or is provided services by a

23 public or private mental health facility, and who poses a

24 clear and present danger to himself, herself, or to others.

25 "Physician" has the meaning as defined in Section 1-120 of

26 the Mental Health and Developmental Disabilities Code.

HB3563

- 8 -

LRB099 08621 RLC 28784 b

1 "Qualified examiner" has the meaning provided in Section

2 1-122 of the Mental Health and Developmental Disabilities Code.

3 "Sanctioned competitive shooting event" means a shooting

4 contest officially recognized by a national or state shooting

5 sport association, and includes any sight-in or practice

6 conducted in conjunction with the event.

7 "School administrator" means the person required to report

8 under the School Administrator Reporting of Mental Health Clear

9 and Present Danger Determinations Law.

10 "Stun gun or taser" has the meaning ascribed to it in

11 Section 24-1 of the Criminal Code of 2012.

12 (Source: P.A. 97-776, eff. 7-13-12; 97-1150, eff. 1-25-13;

13 97-1167, eff. 6-1-13; 98-63, eff. 7-9-13.)

14 (430 ILCS 65/3a) (from Ch. 38, par. 83-3a)

15 Sec. 3a. (a) Any resident of Illinois who has obtained a

16 firearm owner's identification card pursuant to this Act and

17 who is not otherwise prohibited from obtaining, possessing or

18 using a firearm may purchase or obtain a rifle or shotgun or

19 ammunition for a rifle or shotgun in Iowa, Missouri, Indiana,

20 Wisconsin or Kentucky.

21 (b) Any resident of Iowa, Missouri, Indiana, Wisconsin or

22 Kentucky or a non-resident with a valid non-resident hunting

23 license, who is 18 years of age or older and who is not

24 prohibited by the laws of Illinois, the state of his domicile,

25 or the United States from obtaining, possessing or using a

HB3563

- 9 -

LRB099 08621 RLC 28784 b

1 firearm, may purchase or obtain a rifle, shotgun or ammunition

2 for a rifle or shotgun in Illinois.

3 (b-5) Any non-resident who is participating in a sanctioned

4 competitive shooting event, who is 18 years of age or older and

5 who is not prohibited by the laws of Illinois, the state of his

6 or her domicile, or the United States from obtaining,

7 possessing, or using a firearm, may purchase or obtain a

8 shotgun or shotgun ammunition in Illinois for the purpose of

9 participating in that event. A person may purchase or obtain a

10 shotgun or shotgun ammunition under this subsection only at the

11 site where the sanctioned competitive shooting event is being

12 held.

13 (b-10) Any non-resident registered participant of a

14 competitive shooting event held at the World Shooting Complex

15 sanctioned by a national governing body, who is not prohibited

16 by the laws of Illinois, the state of his or her domicile, or

17 the United States from obtaining, possessing, or using a

18 firearm may purchase or obtain a rifle, shotgun, or other long

19 gun or ammunition for a rifle, shotgun, or other long gun at

20 the competitive shooting event. The sanctioning body shall

21 provide a list of registered participants as required under

22 subparagraph (5) of paragraph (g) of subsection (A) of Section

23 24-3 of the Criminal Code of 2012.

24 (c) Any transaction under this Section is subject to the

25 provisions of the Gun Control Act of 1968 (18 U.S.C. 922

26 (b)(3)).

HB3563

- 10 -

LRB099 08621 RLC 28784 b

1 (Source: P.A. 94-353, eff. 7-29-05.)

2 Section 10. The Criminal Code of 2012 is amended by

3 changing Section 24-3 as follows:

4 (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)

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

6 (A) A person commits the offense of unlawful sale or

7 delivery of firearms when he or she knowingly does any of the

8 following:

9 (a) Sells or gives any firearm of a size which may be

10 concealed upon the person to any person under 18 years of

11 age.

12 (b) Sells or gives any firearm to a person under 21

13 years of age who has been convicted of a misdemeanor other

14 than a traffic offense or adjudged delinquent.

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

16 (d) Sells or gives any firearm to any person who has

17 been convicted of a felony under the laws of this or any

18 other jurisdiction.

19 (e) Sells or gives any firearm to any person who has

20 been a patient in a mental institution within the past 5

21 years. In this subsection (e):

22 "Mental institution" means any hospital,

23 institution, clinic, evaluation facility, mental

24 health center, or part thereof, which is used primarily

HB3563

- 11 -

LRB099 08621 RLC 28784 b

1 for the care or treatment of persons with mental

2 illness.

3 "Patient in a mental institution" means the person

4 was admitted, either voluntarily or involuntarily, to

5 a mental institution for mental health treatment,

6 unless the treatment was voluntary and solely for an

7 alcohol abuse disorder and no other secondary

8 substance abuse disorder or mental illness.

9 (f) Sells or gives any firearms to any person who is

10 intellectually disabled.

11 (g) Delivers any firearm of a size which may be

12 concealed upon the person, incidental to a sale, without

13 withholding delivery of such firearm for at least 72 hours

14 after application for its purchase has been made, or

15 delivers any rifle, shotgun or other long gun, or a stun

16 gun or taser, incidental to a sale, without withholding

17 delivery of such rifle, shotgun or other long gun, or a

18 stun gun or taser for at least 24 hours after application

19 for its purchase has been made. However, this paragraph (g)

20 does not apply to: (1) the sale of a firearm to a law

21 enforcement officer if the seller of the firearm knows that

22 the person to whom he or she is selling the firearm is a

23 law enforcement officer or the sale of a firearm to a

24 person who desires to purchase a firearm for use in

25 promoting the public interest incident to his or her

26 employment as a bank guard, armed truck guard, or other

HB3563

- 12 -

LRB099 08621 RLC 28784 b

1 similar employment; (2) a mail order sale of a firearm to a

2 nonresident of Illinois under which the firearm is mailed

3 to a point outside the boundaries of Illinois; (3) the sale

4 of a firearm to a nonresident of Illinois while at a

5 firearm showing or display recognized by the Illinois

6 Department of State Police; ~~or~~(4) the sale of a firearm to

7 a dealer licensed as a federal firearms dealer under

8 Section 923 of the federal Gun Control Act of 1968 (18

9 U.S.C. 923); or (5) the transfer or sale of any rifle,

10 shotgun, or other long gun to a resident registered

11 participant or non-resident registered participant by any

12 dealer licensed as a federal firearms dealer under Section

13 923 of the federal Gun Control Act of 1968 at competitive

14 shooting events held at the World Shooting Complex

15 sanctioned by a national governing body. For purposes of

16 transfers or sales under subparagraph (5) of this paragraph

17 (g), the Department of Natural Resources shall give notice

18 to the Department of State Police at least 30 calendar days

19 prior to any competitive shooting events at the World

20 Shooting Complex sanctioned by a national governing body.

21 The sanctioning body shall provide a list of all registered

22 participants at least 24 hours before the events to the

23 Department of State Police. Any changes to the list of

24 registered participants shall be forwarded to the

25 Department of State Police as soon as practicable. For

26 purposes of this paragraph (g), "application" means when

HB3563

- 13 -

LRB099 08621 RLC 28784 b

1 the buyer and seller reach an agreement to purchase a

2 firearm.

3 (h) While holding any license as a dealer, importer,

4 manufacturer or pawnbroker under the federal Gun Control

5 Act of 1968, manufactures, sells or delivers to any

6 unlicensed person a handgun having a barrel, slide, frame

7 or receiver which is a die casting of zinc alloy or any

8 other nonhomogeneous metal which will melt or deform at a

9 temperature of less than 800 degrees Fahrenheit. For

10 purposes of this paragraph, (1) "firearm" is defined as in

11 the Firearm Owners Identification Card Act; and (2)

12 "handgun" is defined as a firearm designed to be held and

13 fired by the use of a single hand, and includes a

14 combination of parts from which such a firearm can be

15 assembled.

16 (i) Sells or gives a firearm of any size to any person

17 under 18 years of age who does not possess a valid Firearm

18 Owner's Identification Card.

19 (j) Sells or gives a firearm while engaged in the

20 business of selling firearms at wholesale or retail without

21 being licensed as a federal firearms dealer under Section

22 923 of the federal Gun Control Act of 1968 (18 U.S.C. 923).

23 In this paragraph (j):

24 A person "engaged in the business" means a person who

25 devotes time, attention, and labor to engaging in the

26 activity as a regular course of trade or business with the

HB3563

- 14 -

LRB099 08621 RLC 28784 b

1 principal objective of livelihood and profit, but does not

2 include a person who makes occasional repairs of firearms

3 or who occasionally fits special barrels, stocks, or

4 trigger mechanisms to firearms.

5 "With the principal objective of livelihood and

6 profit" means that the intent underlying the sale or

7 disposition of firearms is predominantly one of obtaining

8 livelihood and pecuniary gain, as opposed to other intents,

9 such as improving or liquidating a personal firearms

10 collection; however, proof of profit shall not be required

11 as to a person who engages in the regular and repetitive

12 purchase and disposition of firearms for criminal purposes

13 or terrorism.

14 (k) Sells or transfers ownership of a firearm to a

15 person who does not display to the seller or transferor of

16 the firearm a currently valid Firearm Owner's

17 Identification Card that has previously been issued in the

18 transferee's name by the Department of State Police under

19 the provisions of the Firearm Owners Identification Card

20 Act. This paragraph (k) does not apply to the transfer of a

21 firearm to a person who is exempt from the requirement of

22 possessing a Firearm Owner's Identification Card under

23 Section 2 of the Firearm Owners Identification Card Act.

24 For the purposes of this Section, a currently valid Firearm

25 Owner's Identification Card means (i) a Firearm Owner's

26 Identification Card that has not expired or (ii) an

HB3563

- 15 -

LRB099 08621 RLC 28784 b

1 approval number issued in accordance with subsection

2 (a-10) of subsection 3 or Section 3.1 of the Firearm Owners

3 Identification Card Act shall be proof that the Firearm

4 Owner's Identification Card was valid.

5 (1) In addition to the other requirements of this

6 paragraph (k), all persons who are not federally

7 licensed firearms dealers must also have complied with

8 subsection (a-10) of Section 3 of the Firearm Owners

9 Identification Card Act by determining the validity of

10 a purchaser's Firearm Owner's Identification Card.

11 (2) All sellers or transferors who have complied

12 with the requirements of subparagraph (1) of this

13 paragraph (k) shall not be liable for damages in any

14 civil action arising from the use or misuse by the

15 transferee of the firearm transferred, except for

16 willful or wanton misconduct on the part of the seller

17 or transferor.

18 (l) Not being entitled to the possession of a firearm,

19 delivers the firearm, knowing it to have been stolen or

20 converted. It may be inferred that a person who possesses a

21 firearm with knowledge that its serial number has been

22 removed or altered has knowledge that the firearm is stolen

23 or converted.

24 (B) Paragraph (h) of subsection (A) does not include

25 firearms sold within 6 months after enactment of Public Act

26 78-355 (approved August 21, 1973, effective October 1, 1973),

HB3563

- 16 -

LRB099 08621 RLC 28784 b

1 nor is any firearm legally owned or possessed by any citizen or

2 purchased by any citizen within 6 months after the enactment of

3 Public Act 78-355 subject to confiscation or seizure under the

4 provisions of that Public Act. Nothing in Public Act 78-355

5 shall be construed to prohibit the gift or trade of any firearm

6 if that firearm was legally held or acquired within 6 months

7 after the enactment of that Public Act.

8 (C) Sentence.

9 (1) Any person convicted of unlawful sale or delivery

10 of firearms in violation of paragraph (c), (e), (f), (g),

11 or (h) of subsection (A) commits a Class 4 felony.

12 (2) Any person convicted of unlawful sale or delivery

13 of firearms in violation of paragraph (b) or (i) of

14 subsection (A) commits a Class 3 felony.

15 (3) Any person convicted of unlawful sale or delivery

16 of firearms in violation of paragraph (a) of subsection (A)

17 commits a Class 2 felony.

18 (4) Any person convicted of unlawful sale or delivery

19 of firearms in violation of paragraph (a), (b), or (i) of

20 subsection (A) in any school, on the real property

21 comprising a school, within 1,000 feet of the real property

22 comprising a school, at a school related activity, or on or

23 within 1,000 feet of any conveyance owned, leased, or

24 contracted by a school or school district to transport

25 students to or from school or a school related activity,

26 regardless of the time of day or time of year at which the

HB3563

- 17 -

LRB099 08621 RLC 28784 b

1 offense was committed, commits a Class 1 felony. Any person

2 convicted of a second or subsequent violation of unlawful

3 sale or delivery of firearms in violation of paragraph (a),

4 (b), or (i) of subsection (A) in any school, on the real

5 property comprising a school, within 1,000 feet of the real

6 property comprising a school, at a school related activity,

7 or on or within 1,000 feet of any conveyance owned, leased,

8 or contracted by a school or school district to transport

9 students to or from school or a school related activity,

10 regardless of the time of day or time of year at which the

11 offense was committed, commits a Class 1 felony for which

12 the sentence shall be a term of imprisonment of no less

13 than 5 years and no more than 15 years.

14 (5) Any person convicted of unlawful sale or delivery

15 of firearms in violation of paragraph (a) or (i) of

16 subsection (A) in residential property owned, operated, or

17 managed by a public housing agency or leased by a public

18 housing agency as part of a scattered site or mixed-income

19 development, in a public park, in a courthouse, on

20 residential property owned, operated, or managed by a

21 public housing agency or leased by a public housing agency

22 as part of a scattered site or mixed-income development, on

23 the real property comprising any public park, on the real

24 property comprising any courthouse, or on any public way

25 within 1,000 feet of the real property comprising any

26 public park, courthouse, or residential property owned,

HB3563

- 18 -

LRB099 08621 RLC 28784 b

1 operated, or managed by a public housing agency or leased

2 by a public housing agency as part of a scattered site or

3 mixed-income development commits a Class 2 felony.

4 (6) Any person convicted of unlawful sale or delivery

5 of firearms in violation of paragraph (j) of subsection (A)

6 commits a Class A misdemeanor. A second or subsequent

7 violation is a Class 4 felony.

8 (7) Any person convicted of unlawful sale or delivery

9 of firearms in violation of paragraph (k) of subsection (A)

10 commits a Class 4 felony, except that a violation of

11 subparagraph (1) of paragraph (k) of subsection (A) shall

12 not be punishable as a crime or petty offense. A third or

13 subsequent conviction for a violation of paragraph (k) of

14 subsection (A) is a Class 1 felony.

15 (8) A person 18 years of age or older convicted of

16 unlawful sale or delivery of firearms in violation of

17 paragraph (a) or (i) of subsection (A), when the firearm

18 that was sold or given to another person under 18 years of

19 age was used in the commission of or attempt to commit a

20 forcible felony, shall be fined or imprisoned, or both, not

21 to exceed the maximum provided for the most serious

22 forcible felony so committed or attempted by the person

23 under 18 years of age who was sold or given the firearm.

24 (9) Any person convicted of unlawful sale or delivery

25 of firearms in violation of paragraph (d) of subsection (A)

26 commits a Class 3 felony.

HB3563

- 19 -

LRB099 08621 RLC 28784 b

1 (10) Any person convicted of unlawful sale or delivery

2 of firearms in violation of paragraph (l) of subsection (A)

3 commits a Class 2 felony if the delivery is of one firearm.

4 Any person convicted of unlawful sale or delivery of

5 firearms in violation of paragraph (l) of subsection (A)

6 commits a Class 1 felony if the delivery is of not less

7 than 2 and not more than 5 firearms at the same time or

8 within a one year period. Any person convicted of unlawful

9 sale or delivery of firearms in violation of paragraph (l)

10 of subsection (A) commits a Class X felony for which he or

11 she shall be sentenced to a term of imprisonment of not

12 less than 6 years and not more than 30 years if the

13 delivery is of not less than 6 and not more than 10

14 firearms at the same time or within a 2 year period. Any

15 person convicted of unlawful sale or delivery of firearms

16 in violation of paragraph (l) of subsection (A) commits a

17 Class X felony for which he or she shall be sentenced to a

18 term of imprisonment of not less than 6 years and not more

19 than 40 years if the delivery is of not less than 11 and

20 not more than 20 firearms at the same time or within a 3

21 year period. Any person convicted of unlawful sale or

22 delivery of firearms in violation of paragraph (l) of

23 subsection (A) commits a Class X felony for which he or she

24 shall be sentenced to a term of imprisonment of not less

25 than 6 years and not more than 50 years if the delivery is

26 of not less than 21 and not more than 30 firearms at the

HB3563

- 20 -

LRB099 08621 RLC 28784 b

1 same time or within a 4 year period. Any person convicted

2 of unlawful sale or delivery of firearms in violation of

3 paragraph (l) of subsection (A) commits a Class X felony

4 for which he or she shall be sentenced to a term of

5 imprisonment of not less than 6 years and not more than 60

6 years if the delivery is of 31 or more firearms at the same

7 time or within a 5 year period.

8 (D) For purposes of this Section:

9 "School" means a public or private elementary or secondary

10 school, community college, college, or university.

11 "School related activity" means any sporting, social,

12 academic, or other activity for which students' attendance or

13 participation is sponsored, organized, or funded in whole or in

14 part by a school or school district.

15 (E) A prosecution for a violation of paragraph (k) of

16 subsection (A) of this Section may be commenced within 6 years

17 after the commission of the offense. A prosecution for a

18 violation of this Section other than paragraph (g) of

19 subsection (A) of this Section may be commenced within 5 years

20 after the commission of the offense defined in the particular

21 paragraph.

22 (Source: P.A. 97-227, eff. 1-1-12; 97-347, eff. 1-1-12; 97-813,

23 eff. 7-13-12; 97-1167, eff. 6-1-13; 98-508, eff. 8-19-13.)