Rep. Jonathan Carroll
Filed: 2/26/2018
 
 


 




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1
AMENDMENT TO HOUSE BILL 1468




2 AMENDMENT NO. ______. Amend House Bill 1468 by replacing 
3everything after the enacting clause with the following:


4 "Section 5. The Criminal Code of 2012 is amended by 
5changing Section 24-3 and by adding Section 2-3.1 as follows:

6 (720 ILCS 5/2-3.1 new)
7 Sec. 2-3.1. Assault weapon. "Assault weapon" means:
8 (1) any rifle which has a belt fed ammunition system or 
9which has a detachable magazine capable of holding more than 10 
10rounds of ammunition; 
11 (2) a semi-automatic rifle that has the ability to accept a 
12detachable magazine and has any of the following: 
13  (A) a folding or telescoping stock; or 
14  (B) a shroud that is attached to, or partially or 
15 completely encircles the barrel, and that permits the 
16 shooter to hold the firearm with the non-trigger hand 
 
 
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1 without being burned; 
2 (3) a semi-automatic pistol that has the ability to accept 
3a detachable magazine and has any of the following: 
4  (A) a folding or telescoping stock; 
5  (B) a shroud that is attached to, or partially or 
6 completely encircles the barrel, and that permits the 
7 shooter to hold the firearm with the non-trigger hand 
8 without being burned; or 
9  (C) a manufactured weight of 50 ounces or more when the 
10 pistol is unloaded; 
11 (4) a semi-automatic rifle with a fixed magazine that has 
12the capacity to accept more than 10 rounds of ammunition; or 
13 (5) a semi-automatic shotgun that has: 
14  (A) a folding or telescoping stock; and 
15  (B) contains its ammunition in a revolving cylinder; or 
16  (C) a fixed magazine capacity in excess of 5 rounds of 
17 ammunition, except as may be authorized under the Wildlife 
18 Code and excluding magazine extensions during the snow 
19 geese conservation order season; or 
20  (D) an ability to accept a detachable magazine of more 
21 than 5 rounds of ammunition; 
22 (6) a .50 caliber rifle centerfire rifle capable of firing 
23a .50 caliber cartridge. The term does not include any antique 
24firearm, any shotgun including a shotgun that has a rifle 
25barrel, or any muzzle-loader which uses black powder for 
26hunting or historical re-enactments. In this paragraph (6), 
 
 
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1".50 caliber cartridge" means a cartridge in .50 BMG caliber, 
2either by designation or actual measurement, that is capable of 
3being fired from a centerfire rifle. The term ".50 caliber 
4cartridge" does not include any memorabilia or display item 
5that is filled with a permanent inert substance or that is 
6otherwise permanently altered in a manner that prevents ready 
7modification for use as live ammunition or shotgun ammunition 
8with a caliber measurement that is equal to or greater than .50 
9caliber. 
10"Assault weapon" does not include: 
11 (1) any firearm that: 
12  (A) is manually operated by bolt, pump, lever, or slide 
13 action; 
14  (B) is an unserviceable firearm or has been made 
15 permanently inoperable; 
16  (C) is an antique firearm; 
17  (D) uses rimfire ammunition or cartridges;
or 
18  (E) has been excluded as an assault weapon in a 
19 Department of Natural Resources rule. The Department of 
20 Natural Resources shall have the authority to adopt rules 
21 to further define exclusions of assault weapon types under 
22 this Section, provided the make, model, and caliber of the 
23 firearm excluded has a viable application to hunting game 
24 and conforms to accepted hunting principles of fair chase. 
25 (2) any air rifle as defined in Section 24.8-0.1 of this 
26Code. 
 
 
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1In this Section, "antique firearm" has the meaning ascribed to 
2it in 18 U.S.C. 921 (a)(16). 



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


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

5 (A) A person commits the offense of unlawful sale or 
6delivery of firearms when he
or she knowingly does any of the 
7following:

8  (a) Sells or gives any firearm of a size which may be 
9 concealed upon the
person to any person under 18 years of 
10 age.

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

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

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

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

7  (f) Sells or gives any firearms to any person who is a 
8 person with an intellectual disability.

9  (g) Delivers any firearm of a size which may be 
10 concealed upon the
person or assault weapon, incidental to 
11 a sale, without withholding delivery of the such firearm
or 
12 assault weapon for at least 72 hours after application for 
13 its purchase has been made, or
delivers any other rifle, 
14 shotgun, or other long gun, or a stun gun or taser, 
15 incidental to a sale,
without withholding delivery of the 
16 such rifle, shotgun, or other long gun, or a stun gun or 
17 taser for
at least 24 hours after application for its 
18 purchase has been made.
However,
this paragraph (g) does 
19 not apply to: (1) the sale of a firearm
to a law 
20 enforcement officer if the seller of the firearm knows that 
21 the person to whom he or she is selling the firearm is a 
22 law enforcement officer or the sale of a firearm to a 
23 person who desires to purchase a firearm for
use in 
24 promoting the public interest incident to his or her 
25 employment as a
bank guard, armed truck guard, or other 
26 similar employment; (2) a mail
order sale of a firearm from 
 
 
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1 a federally licensed firearms dealer to a nonresident of 
2 Illinois under which the firearm
is mailed to a federally 
3 licensed firearms dealer outside the boundaries of 
4 Illinois; (3) the sale
of a firearm, which is not an 
5 assault weapon, to a nonresident of Illinois while at a 
6 firearm showing or display
recognized by the Illinois 
7 Department of State Police; (4) the sale of a
firearm to a 
8 dealer licensed as a federal firearms dealer under Section 
9 923
of the federal Gun Control Act of 1968 (18 U.S.C. 923); 
10 or (5) the transfer or sale of any rifle, shotgun, or other 
11 long gun to a resident registered competitor or attendee or 
12 non-resident registered competitor or attendee by any 
13 dealer licensed as a federal firearms dealer under Section 
14 923 of the federal Gun Control Act of 1968 at competitive 
15 shooting events held at the World Shooting Complex 
16 sanctioned by a national governing body. For purposes of 
17 transfers or sales under subparagraph (5) of this paragraph 
18 (g), the Department of Natural Resources shall give notice 
19 to the Department of State Police at least 30 calendar days 
20 prior to any competitive shooting events at the World 
21 Shooting Complex sanctioned by a national governing body. 
22 The notification shall be made on a form prescribed by the 
23 Department of State Police. The sanctioning body shall 
24 provide a list of all registered competitors and attendees 
25 at least 24 hours before the events to the Department of 
26 State Police. Any changes to the list of registered 
 
 
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1 competitors and attendees shall be forwarded to the 
2 Department of State Police as soon as practicable. The 
3 Department of State Police must destroy the list of 
4 registered competitors and attendees no later than 30 days 
5 after the date of the event. Nothing in this paragraph (g) 
6 relieves a federally licensed firearm dealer from the 
7 requirements of conducting a NICS background check through 
8 the Illinois Point of Contact under 18 U.S.C. 922(t). For 
9 purposes of this paragraph (g), "application" means when 
10 the buyer and seller reach an agreement to purchase a 
11 firearm.
For purposes of this paragraph (g), "national 
12 governing body" means a group of persons who adopt rules 
13 and formulate policy on behalf of a national firearm 
14 sporting organization. 

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 either: (1) 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; or (2) a currently valid license to carry a concealed 
7 firearm that has previously been issued in the transferee's 
8 name by the
Department of State Police under the Firearm 
9 Concealed Carry Act. This paragraph (k) does not apply to 
10 the transfer of a firearm to a person who is exempt from 
11 the requirement of possessing a Firearm Owner's 
12 Identification Card under Section 2 of the Firearm Owners 
13 Identification Card Act. For the purposes of this Section, 
14 a currently valid Firearm Owner's Identification Card 
15 means (i) a Firearm Owner's Identification Card that has 
16 not expired or (ii) an approval number issued in accordance 
17 with subsection (a-10) of subsection 3 or Section 3.1 of 
18 the Firearm Owners Identification Card Act shall be proof 
19 that the Firearm Owner's Identification Card was valid.
20   (1) In addition to the other requirements of this 
21 paragraph (k), all persons who are not federally 
22 licensed firearms dealers must also have complied with 
23 subsection (a-10) of Section 3 of the Firearm Owners 
24 Identification Card Act by determining the validity of 
25 a purchaser's Firearm Owner's Identification Card.
26   (2) All sellers or transferors who have complied 
 
 
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1 with the requirements of subparagraph (1) of this 
2 paragraph (k) shall not be liable for damages in any 
3 civil action arising from the use or misuse by the 
4 transferee of the firearm transferred, except for 
5 willful or wanton misconduct on the part of the seller 
6 or transferor. 
7  (l) Not
being entitled to the possession of a firearm, 
8 delivers the
firearm, knowing it to have been stolen or 
9 converted. It may be inferred that
a person who possesses a 
10 firearm with knowledge that its serial number has
been 
11 removed or altered has knowledge that the firearm is stolen 
12 or converted. 
13 (B) Paragraph (h) of subsection (A) does not include 
14firearms sold within 6
months after enactment of Public
Act 
1578-355 (approved August 21, 1973, effective October 1, 1973), 
16nor is any
firearm legally owned or
possessed by any citizen or 
17purchased by any citizen within 6 months after the
enactment of 
18Public Act 78-355 subject
to confiscation or seizure under the 
19provisions of that Public Act. Nothing in
Public Act 78-355 
20shall be construed to prohibit the gift or trade of
any firearm 
21if that firearm was legally held or acquired within 6 months 
22after
the enactment of that Public Act.

23 (C) Sentence.

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

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

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

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

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

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

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

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

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


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

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

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

24 "School" means a public or private elementary or secondary 
25school,
community college, college, or university.

26 "School related activity" means any sporting, social, 
 
 
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1academic, or
other activity for which students' attendance or 
2participation is sponsored,
organized, or funded in whole or in 
3part by a school or school district.

4 (E) A prosecution for a violation of paragraph (k) of 
5subsection (A) of this Section may be commenced within 6 years 
6after the commission of the offense. A prosecution for a 
7violation of this Section other than paragraph (g) of 
8subsection (A) of this Section may be commenced within 5 years 
9after the commission of the offense defined in the particular 
10paragraph.

11(Source: P.A. 98-508, eff. 8-19-13; 99-29, eff. 7-10-15; 
1299-143, eff. 7-27-15; 99-642, eff. 7-28-16.)



13 Section 99. Effective date. This Act takes effect upon 
14becoming law.".