Rep. Denyse Wang Stoneback

Filed: 2/9/2022

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1 AMENDMENT TO HOUSE BILL 5535

2 AMENDMENT NO. ______. Amend House Bill 5535 by replacing

3 everything after the enacting clause with the following:

4 "Section .05. This Act may be referred to as the Reduction

5 in Gun Crime Act.

6 Section 1. Short title. This Act may be cited as the

7 Commission on Interstate and Intrastate Trafficking of

8 Firearms Act.

9 Section 5. Commission on Interstate and Intrastate

10 Trafficking of Firearms.

11 (a) The Commission on Interstate and Intrastate

12 Trafficking of Firearms is created within the Illinois State

13 Police to assess the current needs relating to firearms

14 trafficking and advise the Governor and General Assembly on

15 necessary strategies to reduce illegal firearms trafficking.

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1 (b) The Commission shall be composed of the following

2 members:

3 (1) the Director of the Illinois State Police, or his

4 or her designee;

5 (2) the Director of the Office of Firearm Violence

6 Prevention;

7 (3) the President of the Illinois Sheriffs'

8 Association, or his or her designee;

9 (4) an Illinois sheriff from each of the counties

10 whose gun homicide rate is the highest 5 counties per

11 100,000 residents, appointed by the sheriff of those

12 counties;

13 (5) the President of the Illinois Association of

14 Chiefs of Police, or his or her designee;

15 (6) a representative of the local municipal law

16 enforcement agencies from each of the 5 municipalities in

17 Illinois whose gun homicide rate is the highest per

18 100,000 residents, appointed by the chiefs of police of

19 those municipalities;

20 (7) the Attorney General, or his or her designee;

21 (8) the President of the Illinois States Attorneys

22 Association, or his or her designee;

23 (9) one Representative, appointed by the Speaker of

24 the House of Representatives;

25 (10) one Representative, appointed by the Minority

26 Leader of the House of Representatives;

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1 (11) one Senator, appointed by the President of the

2 Senate; and

3 (12) one Senator, appointed by the Minority Leader of

4 the Senate.

5 (b) The Director of the Illinois State Police shall choose

6 the Chairperson of the Commission. Members shall serve 3-year

7 terms without compensation. The Commission shall form 2

8 subcommittees, one for interstate gun trafficking solutions

9 and another for intrastate gun trafficking solutions.

10 (c) The Commission shall attempt to seek input and advice

11 from:

12 (1) a law enforcement expert from each of the National

13 Integrated Ballistics Information Network (NIBIN) centers

14 in Illinois that process the most cartridge casings from

15 crime scenes;

16 (2) a law enforcement expert from the Crime Gun

17 Intelligence Center (CGIC) in Illinois with experience

18 with gun trafficking cases in Illinois;

19 (3) an individual with experience working with a joint

20 federal and local task force to disrupt the gun

21 trafficking network;

22 (4) a prosecutor with experience prosecuting gun

23 trafficking cases in another state where that state's gun

24 trafficking cases has achieved high rates of successful

25 prosecution nominated by the National District Attorneys

26 Association;

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1 (5) a representative from the Federal Bureau of

2 Investigation who has extensive experience with gun

3 trafficking cases in Illinois;

4 (6) the Special Agent in Charge of the offices of the

5 Bureau of Alcohol Tobacco, Firearms and Explosives (ATF),

6 or his or her designee in each of the neighboring states of

7 Illinois: Wisconsin, Iowa, Missouri, Kentucky, and

8 Indiana; and

9 (7) the Special Agent in Charge of each of the offices

10 of the Bureau of Alcohol Tobacco, Firearms and Explosives

11 (ATF), or his or her designee, in each of the states with

12 the highest incidence of gun trafficking to and from

13 Illinois.

14 Section 90.The Firearm Owners Identification Card Act is

15 amended by changing Sections 3, 3.1, 4, and 8 and by adding

16 Section 3.4 as follows:

17 (430 ILCS 65/3) (from Ch. 38, par. 83-3)

18 (Text of Section before amendment by P.A. 102-237)

19 Sec. 3. (a) Except as provided in Section 3a, no person may

20 knowingly transfer, or cause to be transferred, any firearm,

21 firearm ammunition, stun gun, or taser to any person within

22 this State unless the transferee with whom he deals displays

23 either: (1) a currently valid Firearm Owner's Identification

24 Card which has previously been issued in his or her name by the

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1 Illinois State Police under the provisions of this Act; or (2)

2 a currently valid license to carry a concealed firearm which

3 has previously been issued in his or her name by the Illinois

4 State Police under the Firearm Concealed Carry Act. In

5 addition, all~~firearm,~~ stun gun~~,~~ and taser transfers by

6 federally licensed firearm dealers are subject to Section 3.1.

7 (a-1) Before a person purchases or receives a firearm from

8 a federally licensed firearm dealer, the person must display

9 to the dealer of the firearm a permit to purchase or receive

10 the firearm issued by the local law enforcement agency under

11 Section 3.4.

12 (a-5) Any person who is not a federally licensed firearm

13 dealer and who desires to transfer or sell a firearm while that

14 person is on the grounds of a gun show must, before selling or

15 transferring the firearm, request the Illinois State Police to

16 conduct a background check on the prospective recipient of the

17 firearm in accordance with Section 3.1.

18 (a-10) Notwithstanding item (2) of subsection (a) of this

19 Section, any person who is not a federally licensed firearm

20 dealer and who desires to transfer or sell a firearm or

21 firearms to any person who is not a federally licensed firearm

22 dealer shall, before selling or transferring the firearms,

23 contact the Illinois State Police with the transferee's or

24 purchaser's Firearm Owner's Identification Card number to

25 determine the validity of the transferee's or purchaser's

26 Firearm Owner's Identification Card. This subsection shall not

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1 be effective until January 1, 2014. The Illinois State Police

2 may adopt rules concerning the implementation of this

3 subsection. The Illinois State Police shall provide the seller

4 or transferor an approval number if the purchaser's Firearm

5 Owner's Identification Card is valid. Approvals issued by the

6 Illinois State Police ~~Department~~ for the purchase of a firearm

7 pursuant to this subsection are valid for 30 days from the date

8 of issue.

9 (a-15) The provisions of subsection (a-10) of this Section

10 do not apply to:

11 (1) transfers that occur at the place of business of a

12 federally licensed firearm dealer, if the federally

13 licensed firearm dealer conducts a background check on the

14 prospective recipient of the firearm in accordance with

15 Section 3.1 of this Act and follows all other applicable

16 federal, State, and local laws as if he or she were the

17 seller or transferor of the firearm, although the dealer

18 is not required to accept the firearm into his or her

19 inventory. The purchaser or transferee may be required by

20 the federally licensed firearm dealer to pay a fee not to

21 exceed $10 per firearm, which the dealer may retain as

22 compensation for performing the functions required under

23 this paragraph, plus the applicable fees authorized by

24 Section 3.1;

25 (2) transfers as a bona fide gift to the transferor's

26 husband, wife, son, daughter, stepson, stepdaughter,

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1 father, mother, stepfather, stepmother, brother, sister,

2 nephew, niece, uncle, aunt, grandfather, grandmother,

3 grandson, granddaughter, father-in-law, mother-in-law,

4 son-in-law, or daughter-in-law;

5 (3) transfers by persons acting pursuant to operation

6 of law or a court order;

7 (4) transfers on the grounds of a gun show under

8 subsection (a-5) of this Section;

9 (5) the delivery of a firearm by its owner to a

10 gunsmith for service or repair, the return of the firearm

11 to its owner by the gunsmith, or the delivery of a firearm

12 by a gunsmith to a federally licensed firearms dealer for

13 service or repair and the return of the firearm to the

14 gunsmith;

15 (6) temporary transfers that occur while in the home

16 of the unlicensed transferee, if the unlicensed transferee

17 is not otherwise prohibited from possessing firearms and

18 the unlicensed transferee reasonably believes that

19 possession of the firearm is necessary to prevent imminent

20 death or great bodily harm to the unlicensed transferee;

21 (7) transfers to a law enforcement or corrections

22 agency or a law enforcement or corrections officer acting

23 within the course and scope of his or her official duties;

24 (8) transfers of firearms that have been rendered

25 permanently inoperable to a nonprofit historical society,

26 museum, or institutional collection; and

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1 (9) transfers to a person who is exempt from the

2 requirement of possessing a Firearm Owner's Identification

3 Card under Section 2 of this Act.

4 (a-20) The Illinois State Police shall develop an

5 Internet-based system for individuals to determine the

6 validity of a Firearm Owner's Identification Card prior to the

7 sale or transfer of a firearm. The Illinois State Police

8 ~~Department~~ shall have the Internet-based system completed and

9 available for use by July 1, 2015. The Illinois State Police

10 ~~Department~~ shall adopt rules not inconsistent with this

11 Section to implement this system.

12 (b) Any person within this State who transfers or causes

13 to be transferred any firearm, stun gun, or taser shall keep a

14 record of such transfer for a period of 10 years from the date

15 of transfer. Such record shall contain the date of the

16 transfer; the description, serial number or other information

17 identifying the firearm, stun gun, or taser if no serial

18 number is available; and, if the transfer was completed within

19 this State, the transferee's Firearm Owner's Identification

20 Card number and any approval number or documentation provided

21 by the Illinois State Police pursuant to subsection (a-10) of

22 this Section; if the transfer was not completed within this

23 State, the record shall contain the name and address of the

24 transferee. On or after January 1, 2006, the record shall

25 contain the date of application for transfer of the firearm.

26 On demand of a peace officer such transferor shall produce for

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1 inspection such record of transfer. If the transfer or sale

2 took place at a gun show, the record shall include the unique

3 identification number. Failure to record the unique

4 identification number or approval number is a petty offense.

5 For transfers of a firearm, stun gun, or taser made on or after

6 January 18, 2019 (the effective date of Public Act 100-1178)

7 ~~this amendatory Act of the 100th General Assembly~~, failure by

8 the private seller to maintain the transfer records in

9 accordance with this Section is a Class A misdemeanor for the

10 first offense and a Class 4 felony for a second or subsequent

11 offense. A transferee shall not be criminally liable under

12 this Section provided that he or she provides the Illinois

13 State Police with the transfer records in accordance with

14 procedures established by the Illinois State Police

15 ~~Department~~. The Illinois State Police ~~Department~~ shall

16 establish, by rule, a standard form on its website.

17 (b-5) Any resident may purchase ammunition from a person

18 within or outside of Illinois if shipment is by United States

19 mail or by a private express carrier authorized by federal law

20 to ship ammunition. Any resident purchasing ammunition within

21 or outside the State of Illinois must provide the seller with a

22 copy of his or her valid Firearm Owner's Identification Card

23 or valid concealed carry license and either his or her

24 Illinois driver's license or Illinois State Identification

25 Card prior to the shipment of the ammunition. The ammunition

26 may be shipped only to an address on either of those 2

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1 documents.

2 (c) The provisions of this Section regarding the transfer

3 of firearm ammunition shall not apply to those persons

4 specified in paragraph (b) of Section 2 of this Act.

5 (Source: P.A. 102-538, eff. 8-20-21; revised 10-13-21.)

6 (Text of Section after amendment by P.A. 102-237)

7 Sec. 3. (a) Except as provided in Section 3a, no person may

8 knowingly transfer, or cause to be transferred, any firearm,

9 firearm ammunition, stun gun, or taser to any person within

10 this State unless the transferee with whom he deals displays

11 either: (1) a currently valid Firearm Owner's Identification

12 Card which has previously been issued in his or her name by the

13 Illinois State Police under the provisions of this Act; or (2)

14 a currently valid license to carry a concealed firearm which

15 has previously been issued in his or her name by the Illinois

16 State Police under the Firearm Concealed Carry Act. In

17 addition, all~~firearm,~~ stun gun~~,~~ and taser transfers by

18 federally licensed firearm dealers are subject to Section 3.1.

19 (a-1) Before a person purchases or receives a firearm from

20 a federally licensed firearm dealer, the person must display

21 to the dealer of the firearm a permit to purchase or receive

22 the firearm issued by the local law enforcement agency under

23 Section 3.4.

24 (a-5) Any person who is not a federally licensed firearm

25 dealer and who desires to transfer or sell a firearm while that

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1 person is on the grounds of a gun show must, before selling or

2 transferring the firearm, request the Illinois State Police to

3 conduct a background check on the prospective recipient of the

4 firearm in accordance with Section 3.1.

5 (a-10) Notwithstanding item (2) of subsection (a) of this

6 Section, any person who is not a federally licensed firearm

7 dealer and who desires to transfer or sell a firearm or

8 firearms to any person who is not a federally licensed firearm

9 dealer shall, before selling or transferring the firearms,

10 contact a federal firearm license dealer under paragraph (1)

11 of subsection (a-15) of this Section to conduct the transfer

12 or the Illinois State Police with the transferee's or

13 purchaser's Firearm Owner's Identification Card number to

14 determine the validity of the transferee's or purchaser's

15 Firearm Owner's Identification Card under State and federal

16 law, including the National Instant Criminal Background Check

17 System. This subsection shall not be effective until January

18 1, 2024. Until that date the transferor shall contact the

19 Illinois State Police with the transferee's or purchaser's

20 Firearm Owner's Identification Card number to determine the

21 validity of the card. The Illinois State Police may adopt

22 rules concerning the implementation of this subsection. The

23 Illinois State Police shall provide the seller or transferor

24 an approval number if the purchaser's Firearm Owner's

25 Identification Card is valid. Approvals issued by the Illinois

26 State Police ~~Department~~ for the purchase of a firearm pursuant

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1 to this subsection are valid for 30 days from the date of

2 issue.

3 (a-15) The provisions of subsection (a-10) of this Section

4 do not apply to:

5 (1) transfers that occur at the place of business of a

6 federally licensed firearm dealer, if the federally

7 licensed firearm dealer conducts a background check on the

8 prospective recipient of the firearm in accordance with

9 Section 3.1 of this Act and follows all other applicable

10 federal, State, and local laws as if he or she were the

11 seller or transferor of the firearm, although the dealer

12 is not required to accept the firearm into his or her

13 inventory. The purchaser or transferee may be required by

14 the federally licensed firearm dealer to pay a fee not to

15 exceed $25 per firearm, which the dealer may retain as

16 compensation for performing the functions required under

17 this paragraph, plus the applicable fees authorized by

18 Section 3.1;

19 (2) transfers as a bona fide gift to the transferor's

20 husband, wife, son, daughter, stepson, stepdaughter,

21 father, mother, stepfather, stepmother, brother, sister,

22 nephew, niece, uncle, aunt, grandfather, grandmother,

23 grandson, granddaughter, father-in-law, mother-in-law,

24 son-in-law, or daughter-in-law;

25 (3) transfers by persons acting pursuant to operation

26 of law or a court order;

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1 (4) transfers on the grounds of a gun show under

2 subsection (a-5) of this Section;

3 (5) the delivery of a firearm by its owner to a

4 gunsmith for service or repair, the return of the firearm

5 to its owner by the gunsmith, or the delivery of a firearm

6 by a gunsmith to a federally licensed firearms dealer for

7 service or repair and the return of the firearm to the

8 gunsmith;

9 (6) temporary transfers that occur while in the home

10 of the unlicensed transferee, if the unlicensed transferee

11 is not otherwise prohibited from possessing firearms and

12 the unlicensed transferee reasonably believes that

13 possession of the firearm is necessary to prevent imminent

14 death or great bodily harm to the unlicensed transferee;

15 (7) transfers to a law enforcement or corrections

16 agency or a law enforcement or corrections officer acting

17 within the course and scope of his or her official duties;

18 (8) transfers of firearms that have been rendered

19 permanently inoperable to a nonprofit historical society,

20 museum, or institutional collection; and

21 (9) transfers to a person who is exempt from the

22 requirement of possessing a Firearm Owner's Identification

23 Card under Section 2 of this Act.

24 (a-20) The Illinois State Police shall develop an

25 Internet-based system for individuals to determine the

26 validity of a Firearm Owner's Identification Card prior to the

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1 sale or transfer of a firearm. The Illinois State Police

2 ~~Department~~ shall have the Internet-based system updated and

3 available for use by January 1, 2024. The Illinois State

4 Police shall adopt rules not inconsistent with this Section to

5 implement this system; but no rule shall allow the Illinois

6 State Police to retain records in contravention of State and

7 federal law.

8 (a-25) On or before January 1, 2022, the Illinois State

9 Police shall develop an Internet-based system upon which the

10 serial numbers of firearms that have been reported stolen are

11 available for public access for individuals to ensure any

12 firearms are not reported stolen prior to the sale or transfer

13 of a firearm under this Section. The Illinois State Police

14 shall have the Internet-based system completed and available

15 for use by July 1, 2022. The Illinois State Police ~~Department~~

16 shall adopt rules not inconsistent with this Section to

17 implement this system.

18 (b) Any person within this State who transfers or causes

19 to be transferred any firearm, stun gun, or taser shall keep a

20 record of such transfer for a period of 10 years from the date

21 of transfer. Any person within this State who receives any

22 firearm, stun gun, or taser pursuant to subsection (a-10)

23 shall provide a record of the transfer within 10 days of the

24 transfer to a federally licensed firearm dealer and shall not

25 be required to maintain a transfer record. The federally

26 licensed firearm dealer shall maintain the transfer record for

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1 20 years from the date of receipt. A federally licensed

2 firearm dealer may charge a fee not to exceed $25 to retain the

3 record. The record shall be provided and maintained in either

4 an electronic or paper format. The federally licensed firearm

5 dealer shall not be liable for the accuracy of any information

6 in the transfer record submitted pursuant to this Section.

7 Such records shall contain the date of the transfer; the

8 description, serial number or other information identifying

9 the firearm, stun gun, or taser if no serial number is

10 available; and, if the transfer was completed within this

11 State, the transferee's Firearm Owner's Identification Card

12 number and any approval number or documentation provided by

13 the Illinois State Police pursuant to subsection (a-10) of

14 this Section; if the transfer was not completed within this

15 State, the record shall contain the name and address of the

16 transferee. On or after January 1, 2006, the record shall

17 contain the date of application for transfer of the firearm.

18 On demand of a peace officer such transferor shall produce for

19 inspection such record of transfer. For any transfer pursuant

20 to subsection (a-10) of this Section, on the demand of a peace

21 officer, such transferee shall identify the federally licensed

22 firearm dealer maintaining the transfer record. If the

23 transfer or sale took place at a gun show, the record shall

24 include the unique identification number. Failure to record

25 the unique identification number or approval number is a petty

26 offense. For transfers of a firearm, stun gun, or taser made on

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1 or after January 18, 2019 (the effective date of Public Act

2 100-1178) ~~this amendatory Act of the 100th General Assembly~~,

3 failure by the private seller to maintain the transfer records

4 in accordance with this Section, or failure by a transferee

5 pursuant to subsection a-10 of this Section to identify the

6 federally licensed firearm dealer maintaining the transfer

7 record, is a Class A misdemeanor for the first offense and a

8 Class 4 felony for a second or subsequent offense occurring

9 within 10 years of the first offense and the second offense was

10 committed after conviction of the first offense. Whenever any

11 person who has not previously been convicted of any violation

12 of subsection (a-5), the court may grant supervision pursuant

13 to and consistent with the limitations of Section 5-6-1 of the

14 Unified Code of Corrections. A transferee or transferor shall

15 not be criminally liable under this Section provided that he

16 or she provides the Illinois State Police with the transfer

17 records in accordance with procedures established by the

18 Illinois State Police ~~Department~~. The Illinois State Police

19 ~~Department~~ shall establish, by rule, a standard form on its

20 website.

21 (b-5) Any resident may purchase ammunition from a person

22 within or outside of Illinois if shipment is by United States

23 mail or by a private express carrier authorized by federal law

24 to ship ammunition. Any resident purchasing ammunition within

25 or outside the State of Illinois must provide the seller with a

26 copy of his or her valid Firearm Owner's Identification Card

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1 or valid concealed carry license and either his or her

2 Illinois driver's license or Illinois State Identification

3 Card prior to the shipment of the ammunition. The ammunition

4 may be shipped only to an address on either of those 2

5 documents.

6 (c) The provisions of this Section regarding the transfer

7 of firearm ammunition shall not apply to those persons

8 specified in paragraph (b) of Section 2 of this Act.

9 (Source: P.A. 102-237, eff. 1-1-24; 102-538, eff. 8-20-21;

10 revised 10-13-21.)

11 (430 ILCS 65/3.1) (from Ch. 38, par. 83-3.1)

12 Sec. 3.1. Firearm Transfer Inquiry Program.

13 (a) The Illinois State Police shall provide a dial up

14 telephone system or utilize other existing technology which

15 shall be used by any ~~federally licensed firearm dealer,~~ gun

16 show promoter~~,~~ or gun show vendor who is to transfer a firearm,

17 stun gun, or taser under the provisions of this Act. The

18 Illinois State Police may utilize existing technology which

19 allows the caller to be charged a fee not to exceed $2. Fees

20 collected by the Illinois State Police shall be deposited in

21 the State Police Firearm Services Fund and used to provide the

22 service.

23 (b) Upon receiving a request from a ~~federally licensed~~

24 ~~firearm dealer,~~ gun show promoter~~,~~or gun show vendor, the

25 Illinois State Police shall immediately approve~~,~~ or, within

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1 the time period established by Section 24-3 of the Criminal

2 Code of 2012 regarding the delivery of firearms, stun guns,

3 and tasers, notify the inquiring ~~dealer,~~ gun show promoter~~,~~ or

4 gun show vendor of any objection that would disqualify the

5 transferee from acquiring or possessing a firearm, stun gun,

6 or taser. In conducting the inquiry, the Illinois State Police

7 shall initiate and complete an automated search of its

8 criminal history record information files and those of the

9 Federal Bureau of Investigation, including the National

10 Instant Criminal Background Check System, and of the files of

11 the Department of Human Services relating to mental health and

12 developmental disabilities to obtain any felony conviction or

13 patient hospitalization information which would disqualify a

14 person from obtaining or require revocation of a currently

15 valid Firearm Owner's Identification Card.

16 (b-5) By January 1, 2023, the Illinois State Police shall

17 by rule provide a process for the automatic renewal of the

18 Firearm Owner's Identification Card of a person at the time of

19 an inquiry in subsection (b). Persons eligible for this

20 process must have a set of fingerprints on file with their

21 applications ~~application~~ under either subsection (a-25) of

22 Section 4 or the Firearm Concealed Carry Act.

23 (c) If receipt of a firearm would not violate Section 24-3

24 of the Criminal Code of 2012, federal law, or this Act, the

25 Illinois State Police shall:

26 (1) assign a unique identification number to the

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1 transfer; and

2 (2) provide the licensee, gun show promoter, or gun

3 show vendor with the number.

4 (d) Approvals issued by the Illinois State Police for the

5 purchase of a firearm are valid for 30 days from the date of

6 issue.

7 (e) (1) The Illinois State Police must act as the Illinois

8 Point of Contact for the National Instant Criminal Background

9 Check System.

10 (2) The Illinois State Police and the Department of Human

11 Services shall, in accordance with State and federal law

12 regarding confidentiality, enter into a memorandum of

13 understanding with the Federal Bureau of Investigation for the

14 purpose of implementing the National Instant Criminal

15 Background Check System in the State. The Illinois State

16 Police shall report the name, date of birth, and physical

17 description of any person prohibited from possessing a firearm

18 pursuant to the Firearm Owners Identification Card Act or 18

19 U.S.C. 922(g) and (n) to the National Instant Criminal

20 Background Check System Index, Denied Persons Files.

21 (3) The Illinois State Police shall provide notice of the

22 disqualification of a person under subsection (b) of this

23 Section or the revocation of a person's Firearm Owner's

24 Identification Card under Section 8 or Section 8.2 of this

25 Act, and the reason for the disqualification or revocation, to

26 all law enforcement agencies with jurisdiction to assist with

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1 the seizure of the person's Firearm Owner's Identification

2 Card.

3 (f) The Illinois State Police shall adopt rules not

4 inconsistent with this Section to implement this system.

5 (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;

6 revised 10-13-21.)

7 (430 ILCS 65/3.4 new)

8 Sec. 3.4. Firearms transfers; permits.

9 (a) Notwithstanding any other law to the contrary, each

10 local law enforcement agency shall issue a firearm permit to

11 an applicant who seeks the purchase of a firearm to verify the

12 identity of the purchaser and shall complete a full criminal

13 background check of the applicant that includes obtaining

14 fingerprints from the prospective firearm purchaser. The

15 requirement that an applicant for a firearm submit a full set

16 of fingerprints before being issued a firearm permit applies

17 to the first issuance of a firearm permit under this

18 amendatory Act of the 102nd General Assembly. Subsequent

19 applications for firearm permits issued to an applicant do not

20 require the re-submission of the applicant's fingerprints.

21 (b) Each local law enforcement agency shall keep records

22 of those permits and make them available to the Illinois State

23 Police through the Law Enforcement Agencies Data System

24 (LEADS).

25 (c) The duration of the permit shall be 10 days after its

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1 issuance.

2 (d) The local law enforcement agency may deny a permit to

3 purchase a firearm to an applicant if the agency, in its

4 discretion, believes it is in the interest of public safety.

5 (e) Prior to the purchase of a firearm, a person must

6 submit the permit issued by the local law enforcement agency

7 to the dealer or transferor of the firearm.

8 (f) In this Section, "local law enforcement agency" means

9 the municipal police department of the municipality in which

10 the applicant for the firearm purchase resides, or if the

11 applicant resides in an unincorporated area, or if no

12 municipal police department exists in the applicant's

13 municipality of residence, then "local law enforcement agency"

14 means the office of the sheriff of the county of the

15 applicant's residence.

16 (430 ILCS 65/4) (from Ch. 38, par. 83-4)

17 Sec. 4. Application for Firearm Owner's Identification

18 Cards.

19 (a) Each applicant for a Firearm Owner's Identification

20 Card must:

21 (1) Submit an application as made available by the

22 Illinois State Police; and

23 (2) Submit evidence to the Illinois State Police that:

24 (i) This subparagraph (i) applies through the

25 180th day following July 12, 2019 (the effective date

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1 of Public Act 101-80) ~~this amendatory Act of the 101st~~

2 ~~General Assembly~~. He or she is 21 years of age or over,

3 or if he or she is under 21 years of age that he or she

4 has the written consent of his or her parent or legal

5 guardian to possess and acquire firearms and firearm

6 ammunition and that he or she has never been convicted

7 of a misdemeanor other than a traffic offense or

8 adjudged delinquent, provided, however, that such

9 parent or legal guardian is not an individual

10 prohibited from having a Firearm Owner's

11 Identification Card and files an affidavit with the

12 Department as prescribed by the Department stating

13 that he or she is not an individual prohibited from

14 having a Card;

15 (i-5) This subparagraph (i-5) applies on and after

16 the 181st day following July 12, 2019 (the effective

17 date of Public Act 101-80) ~~this amendatory Act of the~~

18 ~~101st General Assembly~~. He or she is 21 years of age or

19 over, or if he or she is under 21 years of age that he

20 or she has never been convicted of a misdemeanor other

21 than a traffic offense or adjudged delinquent and is

22 an active duty member of the United States Armed

23 Forces or has the written consent of his or her parent

24 or legal guardian to possess and acquire firearms and

25 firearm ammunition, provided, however, that such

26 parent or legal guardian is not an individual

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1 prohibited from having a Firearm Owner's

2 Identification Card and files an affidavit with the

3 Illinois State Police ~~Department~~ as prescribed by the

4 Illinois State Police ~~Department~~stating that he or

5 she is not an individual prohibited from having a Card

6 or the active duty member of the United States Armed

7 Forces under 21 years of age annually submits proof to

8 the Illinois State Police, in a manner prescribed by

9 the Illinois State Police ~~Department~~;

10 (ii) He or she has not been convicted of a felony

11 under the laws of this or any other jurisdiction;

12 (iii) He or she is not addicted to narcotics;

13 (iv) He or she has not been a patient in a mental

14 health facility within the past 5 years or, if he or

15 she has been a patient in a mental health facility more

16 than 5 years ago submit the certification required

17 under subsection (u) of Section 8 of this Act;

18 (v) He or she is not a person with an intellectual

19 disability;

20 (vi) He or she is not an alien who is unlawfully

21 present in the United States under the laws of the

22 United States;

23 (vii) He or she is not subject to an existing order

24 of protection prohibiting him or her from possessing a

25 firearm;

26 (viii) He or she has not been convicted within the

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1 past 5 years of battery, assault, aggravated assault,

2 violation of an order of protection, or a

3 substantially similar offense in another jurisdiction,

4 in which a firearm was used or possessed;

5 (ix) He or she has not been convicted of domestic

6 battery, aggravated domestic battery, or a

7 substantially similar offense in another jurisdiction

8 committed before, on or after January 1, 2012 (the

9 effective date of Public Act 97-158). If the applicant

10 knowingly and intelligently waives the right to have

11 an offense described in this clause (ix) tried by a

12 jury, and by guilty plea or otherwise, results in a

13 conviction for an offense in which a domestic

14 relationship is not a required element of the offense

15 but in which a determination of the applicability of

16 18 U.S.C. 922(g)(9) is made under Section 112A-11.1 of

17 the Code of Criminal Procedure of 1963, an entry by the

18 court of a judgment of conviction for that offense

19 shall be grounds for denying the issuance of a Firearm

20 Owner's Identification Card under this Section;

21 (x) (Blank);

22 (xi) He or she is not an alien who has been

23 admitted to the United States under a non-immigrant

24 visa (as that term is defined in Section 101(a)(26) of

25 the Immigration and Nationality Act (8 U.S.C.

26 1101(a)(26))), or that he or she is an alien who has

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1 been lawfully admitted to the United States under a

2 non-immigrant visa if that alien is:

3 (1) admitted to the United States for lawful

4 hunting or sporting purposes;

5 (2) an official representative of a foreign

6 government who is:

7 (A) accredited to the United States

8 Government or the Government's mission to an

9 international organization having its

10 headquarters in the United States; or

11 (B) en route to or from another country to

12 which that alien is accredited;

13 (3) an official of a foreign government or

14 distinguished foreign visitor who has been so

15 designated by the Department of State;

16 (4) a foreign law enforcement officer of a

17 friendly foreign government entering the United

18 States on official business; or

19 (5) one who has received a waiver from the

20 Attorney General of the United States pursuant to

21 18 U.S.C. 922(y)(3);

22 (xii) He or she is not a minor subject to a

23 petition filed under Section 5-520 of the Juvenile

24 Court Act of 1987 alleging that the minor is a

25 delinquent minor for the commission of an offense that

26 if committed by an adult would be a felony;

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LRB102 25390 RLC 35914 a

1 (xiii) He or she is not an adult who had been

2 adjudicated a delinquent minor under the Juvenile

3 Court Act of 1987 for the commission of an offense that

4 if committed by an adult would be a felony;

5 (xiv) He or she is a resident of the State of

6 Illinois;

7 (xv) He or she has not been adjudicated as a person

8 with a mental disability;

9 (xvi) He or she has not been involuntarily

10 admitted into a mental health facility; ~~and~~

11 (xvii) He or she is not a person with a

12 developmental disability; and

13 (xviii) On or after the effective date of this

14 amendatory Act of the 102nd General Assembly if he or she

15 is applying for or renewing a Firearm Owner's

16 Identification Card that he or she has completed at least

17 8 hours of handgun safety training approved by the

18 Director of the Illinois State Police; and

19 (3) Upon request by the Illinois State Police, sign a

20 release on a form prescribed by the Illinois State Police

21 waiving any right to confidentiality and requesting the

22 disclosure to the Illinois State Police of limited mental

23 health institution admission information from another

24 state, the District of Columbia, any other territory of

25 the United States, or a foreign nation concerning the

26 applicant for the sole purpose of determining whether the

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1 applicant is or was a patient in a mental health

2 institution and disqualified because of that status from

3 receiving a Firearm Owner's Identification Card. No mental

4 health care or treatment records may be requested. The

5 information received shall be destroyed within one year of

6 receipt.

7 (a-1) A person applying for a Firearm Owner's

8 Identification Card shall acknowledge that if the person's

9 Firearm Owner's Identification Card is revoked by a court or

10 as a result of a criminal conviction that makes the person

11 ineligible for a Firearm Owner's Identification Card, a court

12 has probable cause to issue a search warrant to seize any

13 firearms in the person's possession.

14 (a-5) Each applicant for a Firearm Owner's Identification

15 Card who is over the age of 18 shall furnish to the Illinois

16 State Police either his or her Illinois driver's license

17 number or Illinois Identification Card number, except as

18 provided in subsection (a-10).

19 (a-10) Each applicant for a Firearm Owner's Identification

20 Card, who is employed as a law enforcement officer, an armed

21 security officer in Illinois, or by the United States Military

22 permanently assigned in Illinois and who is not an Illinois

23 resident, shall furnish to the Illinois State Police his or

24 her driver's license number or state identification card

25 number from his or her state of residence. The Illinois State

26 Police may adopt rules to enforce the provisions of this

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1 subsection (a-10).

2 (a-15) If an applicant applying for a Firearm Owner's

3 Identification Card moves from the residence address named in

4 the application, he or she shall immediately notify in a form

5 and manner prescribed by the Illinois State Police of that

6 change of address.

7 (a-20) Each applicant for a Firearm Owner's Identification

8 Card shall furnish to the Illinois State Police his or her

9 photograph. An applicant who is 21 years of age or older

10 seeking a religious exemption to the photograph requirement

11 must furnish with the application an approved copy of United

12 States Department of the Treasury Internal Revenue Service

13 Form 4029. In lieu of a photograph, an applicant regardless of

14 age seeking a religious exemption to the photograph

15 requirement shall submit fingerprints on a form and manner

16 prescribed by the Illinois State Police ~~Department~~ with his or

17 her application.

18 (a-25) Beginning January 1, 2023, each applicant for the

19 issuance of a Firearm Owner's Identification Card may include

20 a full set of his or her fingerprints in electronic format to

21 the Illinois State Police, unless the applicant has previously

22 provided a full set of his or her fingerprints to the Illinois

23 State Police under this Act or the Firearm Concealed Carry

24 Act.

25 The fingerprints must be transmitted through a live scan

26 fingerprint vendor licensed by the Department of Financial and

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1 Professional Regulation. The fingerprints shall be checked

2 against the fingerprint records now and hereafter filed in the

3 Illinois State Police and Federal Bureau of Investigation

4 criminal history records databases, including all available

5 State and local criminal history record information files.

6 The Illinois State Police shall charge applicants a

7 one-time fee for conducting the criminal history record check,

8 which shall be deposited into the State Police Services Fund

9 and shall not exceed the actual cost of the State and national

10 criminal history record check.

11 (a-26) The Illinois State Police shall research, explore,

12 and report to the General Assembly by January 1, 2022 on the

13 feasibility of permitting voluntarily submitted fingerprints

14 obtained for purposes other than Firearm Owner's

15 Identification Card enforcement that are contained in the

16 Illinois State Police database for purposes of this Act.

17 (b) Each application form shall include the following

18 statement printed in bold type: "Warning: Entering false

19 information on an application for a Firearm Owner's

20 Identification Card is punishable as a Class 2 felony in

21 accordance with subsection (d-5) of Section 14 of the Firearm

22 Owners Identification Card Act.".

23 (c) Upon such written consent, pursuant to Section 4,

24 paragraph (a)(2)(i), the parent or legal guardian giving the

25 consent shall be liable for any damages resulting from the

26 applicant's use of firearms or firearm ammunition.

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1 (Source: P.A. 101-80, eff. 7-12-19; 102-237, eff. 1-1-22;

2 102-538, eff. 8-20-21; revised 10-12-21.)

3 (430 ILCS 65/8) (from Ch. 38, par. 83-8)

4 Sec. 8. Grounds for denial and revocation. The Illinois

5 State Police has authority to deny an application for or to

6 revoke and seize a Firearm Owner's Identification Card

7 previously issued under this Act only if the Illinois State

8 Police ~~Department~~finds that the applicant or the person to

9 whom such card was issued is or was at the time of issuance:

10 (a) A person under 21 years of age who has been

11 convicted of a misdemeanor other than a traffic offense or

12 adjudged delinquent;

13 (b) This subsection (b) applies through the 180th day

14 following July 12, 2019 (the effective date of Public Act

15 101-80) ~~this amendatory Act of the 101st General Assembly~~.

16 A person under 21 years of age who does not have the

17 written consent of his parent or guardian to acquire and

18 possess firearms and firearm ammunition, or whose parent

19 or guardian has revoked such written consent, or where

20 such parent or guardian does not qualify to have a Firearm

21 Owner's Identification Card;

22 (b-5) This subsection (b-5) applies on and after the

23 181st day following July 12, 2019 (the effective date of

24 Public Act 101-80) ~~this amendatory Act of the 101st~~

25 ~~General Assembly~~. A person under 21 years of age who is not

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1 an active duty member of the United States Armed Forces

2 and does not have the written consent of his or her parent

3 or guardian to acquire and possess firearms and firearm

4 ammunition, or whose parent or guardian has revoked such

5 written consent, or where such parent or guardian does not

6 qualify to have a Firearm Owner's Identification Card;

7 (c) A person convicted of a felony under the laws of

8 this or any other jurisdiction;

9 (d) A person addicted to narcotics;

10 (e) A person who has been a patient of a mental health

11 facility within the past 5 years or a person who has been a

12 patient in a mental health facility more than 5 years ago

13 who has not received the certification required under

14 subsection (u) of this Section. An active law enforcement

15 officer employed by a unit of government or a Department

16 of Corrections employee authorized to possess firearms who

17 is denied, revoked, or has his or her Firearm Owner's

18 Identification Card seized under this subsection (e) may

19 obtain relief as described in subsection (c-5) of Section

20 10 of this Act if the officer or employee did not act in a

21 manner threatening to the officer or employee, another

22 person, or the public as determined by the treating

23 clinical psychologist or physician, and the officer or

24 employee seeks mental health treatment;

25 (f) A person whose mental condition is of such a

26 nature that it poses a clear and present danger to the

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1 applicant, any other person or persons,or the community;

2 (g) A person who has an intellectual disability;

3 (h) A person who intentionally makes a false statement

4 in the Firearm Owner's Identification Card application;

5 (i) An alien who is unlawfully present in the United

6 States under the laws of the United States;

7 (i-5) An alien who has been admitted to the United

8 States under a non-immigrant visa (as that term is defined

9 in Section 101(a)(26) of the Immigration and Nationality

10 Act (8 U.S.C. 1101(a)(26))), except that this subsection

11 (i-5) does not apply to any alien who has been lawfully

12 admitted to the United States under a non-immigrant visa

13 if that alien is:

14 (1) admitted to the United States for lawful

15 hunting or sporting purposes;

16 (2) an official representative of a foreign

17 government who is:

18 (A) accredited to the United States Government

19 or the Government's mission to an international

20 organization having its headquarters in the United

21 States; or

22 (B) en route to or from another country to

23 which that alien is accredited;

24 (3) an official of a foreign government or

25 distinguished foreign visitor who has been so

26 designated by the Department of State;

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LRB102 25390 RLC 35914 a

1 (4) a foreign law enforcement officer of a

2 friendly foreign government entering the United States

3 on official business; or

4 (5) one who has received a waiver from the

5 Attorney General of the United States pursuant to 18

6 U.S.C. 922(y)(3);

7 (j) (Blank);

8 (k) A person who has been convicted within the past 5

9 years of battery, assault, aggravated assault, violation

10 of an order of protection, or a substantially similar

11 offense in another jurisdiction, in which a firearm was

12 used or possessed;

13 (l) A person who has been convicted of domestic

14 battery, aggravated domestic battery, or a substantially

15 similar offense in another jurisdiction committed before,

16 on or after January 1, 2012 (the effective date of Public

17 Act 97-158). If the applicant or person who has been

18 previously issued a Firearm Owner's Identification Card

19 under this Act knowingly and intelligently waives the

20 right to have an offense described in this paragraph (l)

21 tried by a jury, and by guilty plea or otherwise, results

22 in a conviction for an offense in which a domestic

23 relationship is not a required element of the offense but

24 in which a determination of the applicability of 18 U.S.C.

25 922(g)(9) is made under Section 112A-11.1 of the Code of

26 Criminal Procedure of 1963, an entry by the court of a

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1 judgment of conviction for that offense shall be grounds

2 for denying an application for and for revoking and

3 seizing a Firearm Owner's Identification Card previously

4 issued to the person under this Act;

5 (m) (Blank);

6 (n) A person who is prohibited from acquiring or

7 possessing firearms or firearm ammunition by any Illinois

8 State statute or by federal law;

9 (o) A minor subject to a petition filed under Section

10 5-520 of the Juvenile Court Act of 1987 alleging that the

11 minor is a delinquent minor for the commission of an

12 offense that if committed by an adult would be a felony;

13 (p) An adult who had been adjudicated a delinquent

14 minor under the Juvenile Court Act of 1987 for the

15 commission of an offense that if committed by an adult

16 would be a felony;

17 (q) A person who is not a resident of the State of

18 Illinois, except as provided in subsection (a-10) of

19 Section 4;

20 (r) A person who has been adjudicated as a person with

21 a mental disability;

22 (s) A person who has been found to have a

23 developmental disability;

24 (t) A person involuntarily admitted into a mental

25 health facility; ~~or~~

26 (u) A person who has had his or her Firearm Owner's

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1 Identification Card revoked or denied under subsection (e)

2 of this Section or item (iv) of paragraph (2) of

3 subsection (a) of Section 4 of this Act because he or she

4 was a patient in a mental health facility as provided in

5 subsection (e) of this Section, shall not be permitted to

6 obtain a Firearm Owner's Identification Card, after the

7 5-year period has lapsed, unless he or she has received a

8 mental health evaluation by a physician, clinical

9 psychologist, or qualified examiner as those terms are

10 defined in the Mental Health and Developmental

11 Disabilities Code, and has received a certification that

12 he or she is not a clear and present danger to himself,

13 herself, or others. The physician, clinical psychologist,

14 or qualified examiner making the certification and his or

15 her employer shall not be held criminally, civilly, or

16 professionally liable for making or not making the

17 certification required under this subsection, except for

18 willful or wanton misconduct. This subsection does not

19 apply to a person whose firearm possession rights have

20 been restored through administrative or judicial action

21 under Section 10 or 11 of this Act ; or

22 (v) On or after the effective date of this amendatory

23 Act of the 102nd General Assembly if he or she is applying

24 for or renewing a Firearm Owner's Identification Card that

25 he or she has not completed at least 8 hours of handgun

26 safety training approved by the Director of the Illinois

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1 State Police.

2 Upon revocation of a person's Firearm Owner's

3 Identification Card, the Illinois State Police shall provide

4 notice to the person and the person shall comply with Section

5 9.5 of this Act.

6 (Source: P.A. 101-80, eff. 7-12-19; 102-538, eff. 8-20-21;

7 102-645, eff. 1-1-22; revised 10-14-21.)

8 Section 95. The Criminal Code of 2012 is amended by

9 changing Sections 24-3 and 24-3.5 as follows:

10 (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)

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

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

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

14 following:

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

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

17 age.

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

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

20 than a traffic offense or adjudged delinquent.

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

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

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

24 other jurisdiction.

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

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

3 years. In this subsection (e):

4 "Mental institution" means any hospital,

5 institution, clinic, evaluation facility, mental

6 health center, or part thereof, which is used

7 primarily for the care or treatment of persons with

8 mental illness.

9 "Patient in a mental institution" means the person

10 was admitted, either voluntarily or involuntarily, to

11 a mental institution for mental health treatment,

12 unless the treatment was voluntary and solely for an

13 alcohol abuse disorder and no other secondary

14 substance abuse disorder or mental illness.

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

16 person with an intellectual disability.

17 (g) Delivers any firearm, incidental to a sale,

18 without withholding delivery of the firearm for at least

19 72 hours after application for its purchase has been made,

20 or delivers a stun gun or taser, incidental to a sale,

21 without withholding delivery of the stun gun or taser for

22 at least 24 hours after application for its purchase has

23 been made. However, this paragraph (g) does not apply to:

24 (1) the sale of a firearm to a law enforcement officer if

25 the seller of the firearm knows that the person to whom he

26 or she is selling the firearm is a law enforcement officer

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1 or the sale of a firearm to a person who desires to

2 purchase a firearm for use in promoting the public

3 interest incident to his or her employment as a bank

4 guard, armed truck guard, or other similar employment; (2)

5 a mail order sale of a firearm from a federally licensed

6 firearms dealer to a nonresident of Illinois under which

7 the firearm is mailed to a federally licensed firearms

8 dealer outside the boundaries of Illinois; (3) (blank);

9 (4) the sale of a firearm to a dealer licensed as a federal

10 firearms dealer under Section 923 of the federal Gun

11 Control Act of 1968 (18 U.S.C. 923); or (5) the transfer or

12 sale of any rifle, shotgun, or other long gun to a resident

13 registered competitor or attendee or non-resident

14 registered competitor or attendee by any dealer licensed

15 as a federal firearms dealer under Section 923 of the

16 federal Gun Control Act of 1968 at competitive shooting

17 events held at the World Shooting Complex sanctioned by a

18 national governing body. For purposes of transfers or

19 sales under subparagraph (5) of this paragraph (g), the

20 Department of Natural Resources shall give notice to the

21 Illinois State Police at least 30 calendar days prior to

22 any competitive shooting events at the World Shooting

23 Complex sanctioned by a national governing body. The

24 notification shall be made on a form prescribed by the

25 Illinois State Police. The sanctioning body shall provide

26 a list of all registered competitors and attendees at

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1 least 24 hours before the events to the Illinois State

2 Police. Any changes to the list of registered competitors

3 and attendees shall be forwarded to the Illinois State

4 Police as soon as practicable. The Illinois State Police

5 must destroy the list of registered competitors and

6 attendees no later than 30 days after the date of the

7 event. Nothing in this paragraph (g) relieves a federally

8 licensed firearm dealer from the requirements of

9 conducting a NICS background check through the Illinois

10 Point of Contact under 18 U.S.C. 922(t). For purposes of

11 this paragraph (g), "application" means when the buyer and

12 seller reach an agreement to purchase a firearm. For

13 purposes of this paragraph (g), "national governing body"

14 means a group of persons who adopt rules and formulate

15 policy on behalf of a national firearm sporting

16 organization.

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

18 manufacturer or pawnbroker under the federal Gun Control

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

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

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

22 other nonhomogeneous metal which will melt or deform at a

23 temperature of less than 800 degrees Fahrenheit. For

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

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

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

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

2 combination of parts from which such a firearm can be

3 assembled.

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

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

6 Owner's Identification Card.

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

8 business of selling firearms at wholesale or retail

9 without being licensed as a federal firearms dealer under

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

11 U.S.C. 923). In this paragraph (j):

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

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

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

15 principal objective of livelihood and profit, but does not

16 include a person who makes occasional repairs of firearms

17 or who occasionally fits special barrels, stocks, or

18 trigger mechanisms to firearms.

19 "With the principal objective of livelihood and

20 profit" means that the intent underlying the sale or

21 disposition of firearms is predominantly one of obtaining

22 livelihood and pecuniary gain, as opposed to other

23 intents, such as improving or liquidating a personal

24 firearms collection; however, proof of profit shall not be

25 required as to a person who engages in the regular and

26 repetitive purchase and disposition of firearms for

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1 criminal purposes or terrorism.

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

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

4 the firearm either: (1) a currently valid Firearm Owner's

5 Identification Card that has previously been issued in the

6 transferee's name by the Illinois State Police under the

7 provisions of the Firearm Owners Identification Card Act;

8 or (2) a currently valid license to carry a concealed

9 firearm that has previously been issued in the

10 transferee's name by the Illinois State Police under the

11 Firearm Concealed Carry Act. This paragraph (k) does not

12 apply to the transfer of a firearm to a person who is

13 exempt from the requirement of possessing a Firearm

14 Owner's Identification Card under Section 2 of the Firearm

15 Owners Identification Card Act. For the purposes of this

16 Section, a currently valid Firearm Owner's Identification

17 Card or license to carry a concealed firearm means receipt

18 of an approval number issued in accordance with subsection

19 (a-10) of Section ~~subsection~~ 3 or Section 3.1 of the

20 Firearm Owners Identification Card Act.

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

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

23 licensed firearms dealers must also have complied with

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

25 Identification Card Act by determining the validity of

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

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1 (2) All sellers or transferors who have complied

2 with the requirements of subparagraph (1) of this

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

4 civil action arising from the use or misuse by the

5 transferee of the firearm transferred, except for

6 willful or wanton misconduct on the part of the seller

7 or transferor.

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

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

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

11 a firearm with knowledge that its serial number has been

12 removed or altered has knowledge that the firearm is

13 stolen or converted.

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

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

20 the provisions of that Public Act. Nothing in Public Act

21 78-355 shall be construed to prohibit the gift or trade of any

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

23 months after the enactment of that Public Act.

24 (m) Sells or gives a firearm to a person who does not

25 display to the seller or transferor a permit to purchase

26 the firearm issued by the local law enforcement agency

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1 under Section 3.4 of the Firearm Owners Identification

2 Card Act.

3 (C) Sentence.

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

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

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

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

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

9 subsection (A) commits a Class 3 felony.

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

11 of firearms in violation of paragraph (a) of subsection

12 (A) commits a Class 2 felony.

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

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

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

16 comprising a school, within 1,000 feet of the real

17 property comprising a school, at a school related

18 activity, or on or within 1,000 feet of any conveyance

19 owned, leased, or contracted by a school or school

20 district to transport students to or from school or a

21 school related activity, regardless of the time of day or

22 time of year at which the offense was committed, commits a

23 Class 1 felony. Any person convicted of a second or

24 subsequent violation of unlawful sale or delivery of

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

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

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

2 property comprising a school, at a school related

3 activity, or on or within 1,000 feet of any conveyance

4 owned, leased, or contracted by a school or school

5 district to transport students to or from school or a

6 school related activity, regardless of the time of day or

7 time of year at which the offense was committed, commits a

8 Class 1 felony for which the sentence shall be a term of

9 imprisonment of no less than 5 years and no more than 15

10 years.

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

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

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

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

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

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

17 residential property owned, operated, or managed by a

18 public housing agency or leased by a public housing agency

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

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

21 real property comprising any courthouse, or on any public

22 way within 1,000 feet of the real property comprising any

23 public park, courthouse, or residential property owned,

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

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

26 mixed-income development commits a Class 2 felony.

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LRB102 25390 RLC 35914 a

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

2 of firearms in violation of paragraph (j) of subsection

3 (A) commits a Class A misdemeanor. A second or subsequent

4 violation is a Class 4 felony.

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

6 of firearms in violation of paragraph (k) of subsection

7 (A) commits a Class 4 felony, except that a violation of

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

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

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

11 subsection (A) is a Class 1 felony.

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

13 unlawful sale or delivery of firearms in violation of

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

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

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

17 forcible felony, shall be fined or imprisoned, or both,

18 not to exceed the maximum provided for the most serious

19 forcible felony so committed or attempted by the person

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

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

22 of firearms in violation of paragraph (d) of subsection

23 (A) commits a Class 3 felony.

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

25 of firearms in violation of paragraph (l) of subsection

26 (A) commits a Class 2 felony if the delivery is of one

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LRB102 25390 RLC 35914 a

1 firearm. Any person convicted of unlawful sale or delivery

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

3 (A) commits a Class 1 felony if the delivery is of not less

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

5 within a one-year ~~one year~~ period. Any person convicted of

6 unlawful sale or delivery of firearms in violation of

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

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

9 imprisonment of not less than 6 years and not more than 30

10 years if the delivery is of not less than 6 and not more

11 than 10 firearms at the same time or within a2-year ~~2 year~~

12 period. Any person convicted of unlawful sale or delivery

13 of firearms in violation of paragraph (l) of subsection

14 (A) commits a Class X felony for which he or she shall be

15 sentenced to a term of imprisonment of not less than 6

16 years and not more than 40 years if the delivery is of not

17 less than 11 and not more than 20 firearms at the same time

18 or within a 3-year ~~3 year~~ period. Any person convicted of

19 unlawful sale or delivery of firearms in violation of

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

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

22 imprisonment of not less than 6 years and not more than 50

23 years if the delivery is of not less than 21 and not more

24 than 30 firearms at the same time or within a4-year ~~4 year~~

25 period. Any person convicted of unlawful sale or delivery

26 of firearms in violation of paragraph (l) of subsection

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LRB102 25390 RLC 35914 a

1 (A) commits a Class X felony for which he or she shall be

2 sentenced to a term of imprisonment of not less than 6

3 years and not more than 60 years if the delivery is of 31

4 or more firearms at the same time or within a5-year ~~5 year~~

5 period.

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

7 of firearms in violation of paragraph (m) of subsection

8 (A) commits a Class 1 felony.

9 (D) For purposes of this Section:

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

11 school, community college, college, or university.

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

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

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

15 in part by a school or school district.

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

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

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

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

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

21 after the commission of the offense defined in the particular

22 paragraph.

23 (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;

24 revised 10-12-21.)

25 (720 ILCS 5/24-3.5)

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LRB102 25390 RLC 35914 a

1 Sec. 24-3.5. Unlawful purchase of a firearm.

2 (a) For purposes of this Section, "firearms transaction

3 record form" means a form:

4 (1) executed by a transferee of a firearm stating: (i)

5 the transferee's name and address (including county or

6 similar political subdivision); (ii) whether the

7 transferee is a citizen of the United States; (iii) the

8 transferee's State of residence; and (iv) the date and

9 place of birth, height, weight, and race of the

10 transferee; and

11 (2) on which the transferee certifies that he or she

12 is not prohibited by federal law from transporting or

13 shipping a firearm in interstate or foreign commerce or

14 receiving a firearm that has been shipped or transported

15 in interstate or foreign commerce or possessing a firearm

16 in or affecting commerce.

17 (b) A person commits the offense of unlawful purchase of a

18 firearm who knowingly purchases or attempts to purchase a

19 firearm with the intent to deliver that firearm to another

20 person who is prohibited by federal or State law from

21 possessing a firearm.

22 (c) A person commits the offense of unlawful purchase of a

23 firearm when he or she, in purchasing or attempting to

24 purchase a firearm, intentionally provides false or misleading

25 information on a United States Department of the Treasury,

26 Bureau of Alcohol, Tobacco and Firearms firearms transaction

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LRB102 25390 RLC 35914 a

1 record form.

2 (c-5) A person commits the offense of unlawful purchase of

3 a firearm when he or she, in purchasing or attempting to

4 purchase a firearm does not display to the seller or

5 transferor of the firearm a permit to purchase the firearm

6 issued by the local law enforcement agency under Section 3.4

7 of the Firearm Owners Identification Card Act.

8 (d) Exemption. It is not a violation of subsection (b) of

9 this Section for a person to make a gift or loan of a firearm

10 to a person who is not prohibited by federal or State law from

11 possessing a firearm if the transfer of the firearm is made in

12 accordance with Section 3 of the Firearm Owners Identification

13 Card Act.

14 (e) Sentence.

15 (1) A person who commits the offense of unlawful

16 purchase of a firearm:

17 (A) is guilty of a Class 2 felony for purchasing or

18 attempting to purchase one firearm;

19 (B) is guilty of a Class 1 felony for purchasing or

20 attempting to purchase not less than 2 firearms and

21 not more than 5 firearms at the same time or within a

22 one year period;

23 (C) is guilty of a Class X felony for which the

24 offender shall be sentenced to a term of imprisonment

25 of not less than 9 years and not more than 40 years for

26 purchasing or attempting to purchase not less than 6

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LRB102 25390 RLC 35914 a

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

2 (D) is guilty of a Class 2 felony for purchasing or

3 attempting to purchase a firearm in violation of

4 subsection (c-5).

5 (2) In addition to any other penalty that may be

6 imposed for a violation of this Section, the court may

7 sentence a person convicted of a violation of subsection

8 (c) of this Section to a fine not to exceed $250,000 for

9 each violation.

10 (f) A prosecution for unlawful purchase of a firearm may

11 be commenced within 6 years after the commission of the

12 offense.

13 (Source: P.A. 95-882, eff. 1-1-09.)

14 Section 995. No acceleration or delay. Where this Act

15 makes changes in a statute that is represented in this Act by

16 text that is not yet or no longer in effect (for example, a

17 Section represented by multiple versions), the use of that

18 text does not accelerate or delay the taking effect of (i) the

19 changes made by this Act or (ii) provisions derived from any

20 other Public Act.".