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| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB5889 Introduced , by Rep. Grant Wehrli - David S. Olsen SYNOPSIS AS INTRODUCED:
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720 ILCS 5/24-3 | from Ch. 38, par. 24-3 |
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Amends the Criminal Code of 2012. Provides that a person commits the offense of unlawful sale or delivery of firearms when he
or she knowingly delivers any firearm, incidental to a sale, without withholding delivery of the firearm
for at least 72 hours after application for its purchase has been made (current law permits delivery of a rifle, shotgun or other long gun, or a stun gun or taser after 24 hours after application for its purchase has been made). Retains 24 hour withholding period for stun guns and tasers. Provides that a violation is a Class 4 felony.
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| | | CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| | HB5889 | | LRB100 21869 RLC 39678 b |
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| 1 | | AN ACT concerning criminal law.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Criminal Code of 2012 is amended by changing |
| 5 | | Section 24-3 as follows:
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| 6 | | (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
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| 7 | | Sec. 24-3. Unlawful sale or delivery of firearms.
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| 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:
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| 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.
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| 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.
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| 17 | | (c) Sells or gives any firearm to any narcotic addict.
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| 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.
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| 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.
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| 12 | | (f) Sells or gives any firearms to any person who is a |
| 13 | | person with an intellectual disability.
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| 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 the such firearm
for at least 72 |
| 17 | | hours after application for its purchase has been made, or
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| 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 the 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 from |
| 5 | | a federally licensed firearms dealer to a nonresident of |
| 6 | | Illinois under which the firearm
is mailed to a federally |
| 7 | | licensed firearms dealer outside the boundaries of |
| 8 | | Illinois; (3) the sale
of a firearm to a nonresident of |
| 9 | | Illinois while at a firearm showing or display
recognized |
| 10 | | by the Illinois Department of State Police; (4) the sale of |
| 11 | | a
firearm to a dealer licensed as a federal firearms dealer |
| 12 | | under Section 923
of the federal Gun Control Act of 1968 |
| 13 | | (18 U.S.C. 923); or (5) the transfer or sale of any rifle, |
| 14 | | shotgun, or other long gun to a resident registered |
| 15 | | competitor or attendee or non-resident registered |
| 16 | | competitor or attendee by any dealer licensed as a federal |
| 17 | | firearms dealer under Section 923 of the federal Gun |
| 18 | | Control Act of 1968 at competitive shooting events held at |
| 19 | | the World Shooting Complex sanctioned by a national |
| 20 | | governing body. For purposes of transfers or sales under |
| 21 | | subparagraph (5) of this paragraph (g), the Department of |
| 22 | | Natural Resources shall give notice to the Department of |
| 23 | | State Police at least 30 calendar days prior to any |
| 24 | | competitive shooting events at the World Shooting Complex |
| 25 | | sanctioned by a national governing body. The notification |
| 26 | | shall be made on a form prescribed by the Department of |
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| 1 | | State Police. The sanctioning body shall provide a list of |
| 2 | | all registered competitors and attendees at least 24 hours |
| 3 | | before the events to the Department of State Police. Any |
| 4 | | changes to the list of registered competitors and attendees |
| 5 | | shall be forwarded to the Department of State Police as |
| 6 | | soon as practicable. The Department of State Police must |
| 7 | | destroy the list of registered competitors and attendees no |
| 8 | | later than 30 days after the date of the event. Nothing in |
| 9 | | this paragraph (g) relieves a federally licensed firearm |
| 10 | | dealer from the requirements of conducting a NICS |
| 11 | | background check through the Illinois Point of Contact |
| 12 | | under 18 U.S.C. 922(t). For purposes of this paragraph (g), |
| 13 | | "application" means when the buyer and seller reach an |
| 14 | | agreement to purchase a firearm.
For purposes of this |
| 15 | | paragraph (g), "national governing body" means a group of |
| 16 | | persons who adopt rules and formulate policy on behalf of a |
| 17 | | national firearm sporting organization.
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| 18 | | (h) While holding any license
as a dealer,
importer, |
| 19 | | manufacturer or pawnbroker
under the federal Gun Control |
| 20 | | Act of 1968,
manufactures, sells or delivers to any |
| 21 | | unlicensed person a handgun having
a barrel, slide, frame |
| 22 | | or receiver which is a die casting of zinc alloy or
any |
| 23 | | other nonhomogeneous metal which will melt or deform at a |
| 24 | | temperature
of less than 800 degrees Fahrenheit. For |
| 25 | | purposes of this paragraph, (1)
"firearm" is defined as in |
| 26 | | the Firearm Owners Identification Card Act; and (2)
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| 1 | | "handgun" is defined as a firearm designed to be held
and |
| 2 | | fired by the use of a single hand, and includes a |
| 3 | | combination of parts from
which such a firearm can be |
| 4 | | assembled.
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| 5 | | (i) Sells or gives a firearm of any size to any person |
| 6 | | under 18 years of
age who does not possess a valid Firearm |
| 7 | | Owner's Identification Card.
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| 8 | | (j) Sells or gives a firearm while engaged in the |
| 9 | | business of selling
firearms at wholesale or retail without |
| 10 | | being licensed as a federal firearms
dealer under Section |
| 11 | | 923 of the federal Gun Control Act of 1968 (18 U.S.C.
923). |
| 12 | | In this paragraph (j):
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| 13 | | A person "engaged in the business" means a person who |
| 14 | | devotes time,
attention, and
labor to
engaging in the |
| 15 | | activity as a regular course of trade or business with the
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| 16 | | principal objective of livelihood and profit, but does not |
| 17 | | include a person who
makes occasional repairs of firearms |
| 18 | | or who occasionally fits special barrels,
stocks, or |
| 19 | | trigger mechanisms to firearms.
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| 20 | | "With the principal objective of livelihood and |
| 21 | | profit" means that the
intent
underlying the sale or |
| 22 | | disposition of firearms is predominantly one of
obtaining |
| 23 | | livelihood and pecuniary gain, as opposed to other intents, |
| 24 | | such as
improving or liquidating a personal firearms |
| 25 | | collection; however, proof of
profit shall not be required |
| 26 | | as to a person who engages in the regular and
repetitive |
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| 1 | | purchase and disposition of firearms for criminal purposes |
| 2 | | or
terrorism.
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| 3 | | (k) Sells or transfers ownership of a firearm to a |
| 4 | | person who does not display to the seller or transferor of |
| 5 | | the firearm either: (1) a currently valid Firearm Owner's |
| 6 | | Identification Card that has previously been issued in the |
| 7 | | transferee's name by the Department of State Police under |
| 8 | | the provisions of the Firearm Owners Identification Card |
| 9 | | Act; or (2) a currently valid license to carry a concealed |
| 10 | | firearm that has previously been issued in the transferee's |
| 11 | | name by the
Department of State Police under the Firearm |
| 12 | | Concealed Carry Act. This paragraph (k) does not apply to |
| 13 | | the transfer of a firearm to a person who is exempt from |
| 14 | | the requirement of possessing a Firearm Owner's |
| 15 | | Identification Card under Section 2 of the Firearm Owners |
| 16 | | Identification Card Act. For the purposes of this Section, |
| 17 | | a currently valid Firearm Owner's Identification Card |
| 18 | | means (i) a Firearm Owner's Identification Card that has |
| 19 | | not expired or (ii) an approval number issued in accordance |
| 20 | | with subsection (a-10) of subsection 3 or Section 3.1 of |
| 21 | | the Firearm Owners Identification Card Act shall be proof |
| 22 | | that the Firearm Owner's Identification Card was valid. |
| 23 | | (1) In addition to the other requirements of this |
| 24 | | paragraph (k), all persons who are not federally |
| 25 | | licensed firearms dealers must also have complied with |
| 26 | | subsection (a-10) of Section 3 of the Firearm Owners |
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| 1 | | Identification Card Act by determining the validity of |
| 2 | | a purchaser's Firearm Owner's Identification Card. |
| 3 | | (2) All sellers or transferors who have complied |
| 4 | | with the requirements of subparagraph (1) of this |
| 5 | | paragraph (k) shall not be liable for damages in any |
| 6 | | civil action arising from the use or misuse by the |
| 7 | | transferee of the firearm transferred, except for |
| 8 | | willful or wanton misconduct on the part of the seller |
| 9 | | or transferor. |
| 10 | | (l) Not
being entitled to the possession of a firearm, |
| 11 | | delivers the
firearm, knowing it to have been stolen or |
| 12 | | converted. It may be inferred that
a person who possesses a |
| 13 | | firearm with knowledge that its serial number has
been |
| 14 | | removed or altered has knowledge that the firearm is stolen |
| 15 | | or converted. |
| 16 | | (B) Paragraph (h) of subsection (A) does not include |
| 17 | | firearms sold within 6
months after enactment of Public
Act |
| 18 | | 78-355 (approved August 21, 1973, effective October 1, 1973), |
| 19 | | nor is any
firearm legally owned or
possessed by any citizen or |
| 20 | | purchased by any citizen within 6 months after the
enactment of |
| 21 | | Public Act 78-355 subject
to confiscation or seizure under the |
| 22 | | provisions of that Public Act. Nothing in
Public Act 78-355 |
| 23 | | shall be construed to prohibit the gift or trade of
any firearm |
| 24 | | if that firearm was legally held or acquired within 6 months |
| 25 | | after
the enactment of that Public Act.
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| 26 | | (C) Sentence.
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| 1 | | (1) Any person convicted of unlawful sale or delivery |
| 2 | | of firearms in violation of
paragraph (c), (e), (f), (g), |
| 3 | | or (h) of subsection (A) commits a Class
4
felony.
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| 4 | | (2) Any person convicted of unlawful sale or delivery |
| 5 | | of firearms in violation of
paragraph (b) or (i) of |
| 6 | | subsection (A) commits a Class 3 felony.
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| 7 | | (3) Any person convicted of unlawful sale or delivery |
| 8 | | of firearms in violation of
paragraph (a) of subsection (A) |
| 9 | | commits a Class 2 felony.
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| 10 | | (4) Any person convicted of unlawful sale or delivery |
| 11 | | of firearms in violation of
paragraph (a), (b), or (i) of |
| 12 | | subsection (A) in any school, on the real
property |
| 13 | | comprising a school, within 1,000 feet of the real property |
| 14 | | comprising
a school, at a school related activity, or on or |
| 15 | | within 1,000 feet of any
conveyance owned, leased, or |
| 16 | | contracted by a school or school district to
transport |
| 17 | | students to or from school or a school related activity,
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| 18 | | regardless of the time of day or time of year at which the |
| 19 | | offense
was committed, commits a Class 1 felony. Any person |
| 20 | | convicted of a second
or subsequent violation of unlawful |
| 21 | | sale or delivery of firearms in violation of paragraph
(a), |
| 22 | | (b), or (i) of subsection (A) in any school, on the real |
| 23 | | property
comprising a school, within 1,000 feet of the real |
| 24 | | property comprising a
school, at a school related activity, |
| 25 | | or on or within 1,000 feet of any
conveyance owned, leased, |
| 26 | | or contracted by a school or school district to
transport |
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| 1 | | students to or from school or a school related activity,
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| 2 | | regardless of the time of day or time of year at which the |
| 3 | | offense
was committed, commits a Class 1 felony for which |
| 4 | | the sentence shall be a
term of imprisonment of no less |
| 5 | | than 5 years and no more than 15 years.
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| 6 | | (5) Any person convicted of unlawful sale or delivery |
| 7 | | of firearms in violation of
paragraph (a) or (i) of |
| 8 | | subsection (A) in residential property owned,
operated, or |
| 9 | | managed by a public housing agency or leased by a public |
| 10 | | housing
agency as part of a scattered site or mixed-income |
| 11 | | development, in a public
park, in a
courthouse, on |
| 12 | | residential property owned, operated, or managed by a |
| 13 | | public
housing agency or leased by a public housing agency |
| 14 | | as part of a scattered site
or mixed-income development, on |
| 15 | | the real property comprising any public park,
on the real
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| 16 | | property comprising any courthouse, or on any public way |
| 17 | | within 1,000 feet
of the real property comprising any |
| 18 | | public park, courthouse, or residential
property owned, |
| 19 | | operated, or managed by a public housing agency or leased |
| 20 | | by a
public housing agency as part of a scattered site or |
| 21 | | mixed-income development
commits a
Class 2 felony.
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| 22 | | (6) Any person convicted of unlawful sale or delivery |
| 23 | | of firearms in violation of
paragraph (j) of subsection (A) |
| 24 | | commits a Class A misdemeanor. A second or
subsequent |
| 25 | | violation is a Class 4 felony. |
| 26 | | (7) Any person convicted of unlawful sale or delivery |
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| 1 | | of firearms in violation of paragraph (k) of subsection (A) |
| 2 | | commits a Class 4 felony, except that a violation of |
| 3 | | subparagraph (1) of paragraph (k) of subsection (A) shall |
| 4 | | not be punishable as a crime or petty offense. A third or |
| 5 | | subsequent conviction for a violation of paragraph (k) of |
| 6 | | subsection (A) is a Class 1 felony.
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| 7 | | (8) A person 18 years of age or older convicted of |
| 8 | | unlawful sale or delivery of firearms in violation of |
| 9 | | paragraph (a) or (i) of subsection (A), when the firearm |
| 10 | | that was sold or given to another person under 18 years of |
| 11 | | age was used in the commission of or attempt to commit a |
| 12 | | forcible felony, shall be fined or imprisoned, or both, not |
| 13 | | to exceed the maximum provided for the most serious |
| 14 | | forcible felony so committed or attempted by the person |
| 15 | | under 18 years of age who was sold or given the firearm. |
| 16 | | (9) Any person convicted of unlawful sale or delivery |
| 17 | | of firearms in violation of
paragraph (d) of subsection (A) |
| 18 | | commits a Class 3 felony. |
| 19 | | (10) Any person convicted of unlawful sale or delivery |
| 20 | | of firearms in violation of paragraph (l) of subsection (A) |
| 21 | | commits a Class 2 felony if the delivery is of one firearm. |
| 22 | | Any person convicted of unlawful sale or delivery of |
| 23 | | firearms in violation of paragraph (l) of subsection (A) |
| 24 | | commits a Class 1 felony if the delivery is of not less |
| 25 | | than 2 and not more than 5 firearms at the
same time or |
| 26 | | within a one year period. Any person convicted of unlawful |
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| 1 | | sale or delivery of firearms in violation of paragraph (l) |
| 2 | | of subsection (A) commits a Class X felony for which he or |
| 3 | | she shall be sentenced
to a term of imprisonment of not |
| 4 | | less than 6 years and not more than 30
years if the |
| 5 | | delivery is of not less than 6 and not more than 10 |
| 6 | | firearms at the
same time or within a 2 year period. Any |
| 7 | | person convicted of unlawful sale or delivery of firearms |
| 8 | | in violation of paragraph (l) of subsection (A) commits a |
| 9 | | Class X felony for which he or she shall be sentenced
to a |
| 10 | | term of imprisonment of not less than 6 years and not more |
| 11 | | than 40
years if the delivery is of not less than 11 and |
| 12 | | not more than 20 firearms at the
same time or within a 3 |
| 13 | | year period. Any person convicted of unlawful sale or |
| 14 | | delivery of firearms in violation of paragraph (l) of |
| 15 | | subsection (A) commits a Class X felony for which he or she |
| 16 | | shall be sentenced
to a term of imprisonment of not less |
| 17 | | than 6 years and not more than 50
years if the delivery is |
| 18 | | of not less than 21 and not more than 30 firearms at the
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| 19 | | same time or within a 4 year period. Any person convicted |
| 20 | | of unlawful sale or delivery of firearms in violation of |
| 21 | | paragraph (l) of subsection (A) commits a Class X felony |
| 22 | | for which he or she shall be sentenced
to a term of |
| 23 | | imprisonment of not less than 6 years and not more than 60
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| 24 | | years if the delivery is of 31 or more firearms at the
same |
| 25 | | time or within a 5 year period. |
| 26 | | (D) For purposes of this Section:
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| 1 | | "School" means a public or private elementary or secondary |
| 2 | | school,
community college, college, or university.
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| 3 | | "School related activity" means any sporting, social, |
| 4 | | academic, or
other activity for which students' attendance or |
| 5 | | participation is sponsored,
organized, or funded in whole or in |
| 6 | | part by a school or school district.
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| 7 | | (E) A prosecution for a violation of paragraph (k) of |
| 8 | | subsection (A) of this Section may be commenced within 6 years |
| 9 | | after the commission of the offense. A prosecution for a |
| 10 | | violation of this Section other than paragraph (g) of |
| 11 | | subsection (A) of this Section may be commenced within 5 years |
| 12 | | after the commission of the offense defined in the particular |
| 13 | | paragraph.
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| 14 | | (Source: P.A. 98-508, eff. 8-19-13; 99-29, eff. 7-10-15; |
| 15 | | 99-143, eff. 7-27-15; 99-642, eff. 7-28-16.)
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