99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 HB4039

Introduced , by Rep. Pamela Reaves-Harris

SYNOPSIS AS INTRODUCED:

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

Amends the Criminal Code of 2012. Provides that it is a Class 4 felony

for a person who holds a license
as a dealer,
importer, manufacturer, or

pawnbroker
of firearms under the federal Gun Control Act of 1968 to sell or

deliver a firearm to a person listed on the Federal Bureau of Investigation's terror watch list.

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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

A BILL FOR

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1 AN ACT concerning criminal law.

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

3 represented in the General Assembly:

4 Section 5. The Criminal Code of 2012 is amended by changing

5 Section 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

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

10 following:

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). For purposes of this paragraph (g),

13 "application" means when the buyer and seller reach an

14 agreement to purchase a firearm.

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

16 manufacturer or pawnbroker under the federal Gun Control

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

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

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

20 other nonhomogeneous metal which will melt or deform at a

21 temperature of less than 800 degrees Fahrenheit. For

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

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

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

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

26 combination of parts from which such a firearm can be

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1 assembled.

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

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

4 Owner's Identification Card.

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

6 business of selling firearms at wholesale or retail without

7 being licensed as a federal firearms dealer under Section

8 923 of the federal Gun Control Act of 1968 (18 U.S.C. 923).

9 In this paragraph (j):

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

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

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

13 principal objective of livelihood and profit, but does not

14 include a person who makes occasional repairs of firearms

15 or who occasionally fits special barrels, stocks, or

16 trigger mechanisms to firearms.

17 "With the principal objective of livelihood and

18 profit" means that the intent underlying the sale or

19 disposition of firearms is predominantly one of obtaining

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

21 such as improving or liquidating a personal firearms

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

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

24 purchase and disposition of firearms for criminal purposes

25 or terrorism.

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

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

2 the firearm a currently valid Firearm Owner's

3 Identification Card that has previously been issued in the

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

5 the provisions of the Firearm Owners Identification Card

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

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

8 possessing a Firearm Owner's Identification Card under

9 Section 2 of the Firearm Owners Identification Card Act.

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

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

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

13 approval number issued in accordance with subsection

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

15 Identification Card Act shall be proof that the Firearm

16 Owner's Identification Card was valid.

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

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

19 licensed firearms dealers must also have complied with

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

21 Identification Card Act by determining the validity of

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

23 (2) All sellers or transferors who have complied

24 with the requirements of subparagraph (1) of this

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

26 civil action arising from the use or misuse by the

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1 transferee of the firearm transferred, except for

2 willful or wanton misconduct on the part of the seller

3 or transferor.

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

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

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

7 firearm with knowledge that its serial number has been

8 removed or altered has knowledge that the firearm is stolen

9 or converted.

10 (m) While holding any license as a dealer, importer,

11 manufacturer, or pawnbroker under the federal Gun Control

12 Act of 1968, sells or delivers a firearm to a person listed

13 on the Federal Bureau of Investigation's terror watch list.

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

15 firearms sold within 6 months after enactment of Public Act

16 78-355 (approved August 21, 1973, effective October 1, 1973),

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

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

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

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

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

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

23 after the enactment of that Public Act.

24 (C) Sentence.

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

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

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1 ~~or~~ (h), or (m)of subsection (A) commits a Class 4 felony.

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

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

4 subsection (A) commits a Class 3 felony.

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

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

7 commits a Class 2 felony.

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

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

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

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

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

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

14 contracted by a school or school district to transport

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

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

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

18 convicted of a second or subsequent violation of unlawful

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

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

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

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

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

24 or 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

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

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

3 than 5 years and no more than 15 years.

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

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

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

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

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

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

10 residential property owned, operated, or managed by a

11 public housing agency or leased by a public housing agency

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

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

14 property comprising any courthouse, or on any public way

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

16 public park, courthouse, or residential property owned,

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

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

19 mixed-income development commits a Class 2 felony.

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

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

22 commits a Class A misdemeanor. A second or subsequent

23 violation is a Class 4 felony.

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

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

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

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

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

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

4 subsection (A) is a Class 1 felony.

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

6 unlawful sale or delivery of firearms in violation of

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

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

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

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

11 to exceed the maximum provided for the most serious

12 forcible felony so committed or attempted by the person

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

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

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

16 commits a Class 3 felony.

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

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

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

20 Any person convicted of unlawful sale or delivery of

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

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

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

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

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

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

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

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

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

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

5 person convicted of unlawful sale or delivery of firearms

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

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

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

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

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

11 year period. Any person convicted of unlawful sale or

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

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

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

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

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

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

18 of unlawful sale or delivery of firearms in violation of

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

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

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

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

23 time or within a 5 year period.

24 (D) For purposes of this Section:

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

26 school, community college, college, or university.

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

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

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

4 part by a school or school district.

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

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

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

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

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

10 after the commission of the offense defined in the particular

11 paragraph.

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

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