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| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB1057 Introduced , by Rep. Rita Mayfield SYNOPSIS AS INTRODUCED:
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| 430 ILCS 65/1.1 | from Ch. 38, par. 83-1.1 | 430 ILCS 65/3 | from Ch. 38, par. 83-3 | 430 ILCS 65/3a | from Ch. 38, par. 83-3a | 720 ILCS 5/24-3 | from Ch. 38, par. 24-3 |
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Amends the Firearm Owners Identification Card Act. Provides that no person, other than a certified licensee under the Firearm Dealer License Certification Act or an employee of the certified licensee in the course of his or her business as an employee of a certified licensee, may knowingly transfer, or cause to be transferred, firearm ammunition in the State. Amends the Criminal Code of 2012. Provides that it is a Class 4 felony to sell or give firearm ammunition to any person if the transferrer of the firearm ammunition is not a certified licensee under the Firearm Dealer License Certification Act or if the transferrer of the firearm ammunition is not an employee of the certified licensee selling or transferring firearm ammunition in the course of his or her business as an employee of a certified licensee. Defines "certified licensee" and "licensee".
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| | A BILL FOR |
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| 1 | | AN ACT concerning criminal law.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Firearm Owners Identification Card Act is |
| 5 | | amended by changing Sections 1.1, 3, and 3a as follows:
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| 6 | | (430 ILCS 65/1.1) (from Ch. 38, par. 83-1.1)
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| 7 | | Sec. 1.1. For purposes of this Act:
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| 8 | | "Addicted to narcotics" means a person who has been: |
| 9 | | (1) convicted of an offense involving the use or |
| 10 | | possession of cannabis, a controlled substance, or |
| 11 | | methamphetamine within the past year; or |
| 12 | | (2) determined by the Illinois State Police to be |
| 13 | | addicted to narcotics based upon federal law or federal |
| 14 | | guidelines. |
| 15 | | "Addicted to narcotics" does not include possession or use |
| 16 | | of a prescribed controlled substance under the direction and |
| 17 | | authority of a physician or other person authorized to |
| 18 | | prescribe the controlled substance when the controlled |
| 19 | | substance is used in the prescribed manner. |
| 20 | | "Adjudicated as a person with a mental disability" means |
| 21 | | the person is the subject of a determination by a court, board, |
| 22 | | commission or other lawful authority that the person, as a |
| 23 | | result of marked subnormal intelligence, or mental illness, |
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| 1 | | mental impairment, incompetency, condition, or disease: |
| 2 | | (1) presents a clear and present danger to himself, |
| 3 | | herself, or to others; |
| 4 | | (2) lacks the mental capacity to manage his or her own |
| 5 | | affairs or is adjudicated a person with a disability as |
| 6 | | defined in Section 11a-2 of the Probate Act of 1975; |
| 7 | | (3) is not guilty in a criminal case by reason of |
| 8 | | insanity, mental disease or defect; |
| 9 | | (3.5) is guilty but mentally ill, as provided in |
| 10 | | Section 5-2-6 of the Unified Code of Corrections; |
| 11 | | (4) is incompetent to stand trial in a criminal case; |
| 12 | | (5) is not guilty by reason of lack of mental |
| 13 | | responsibility under Articles 50a and 72b of the Uniform |
| 14 | | Code of Military Justice, 10 U.S.C. 850a, 876b;
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| 15 | | (6) is a sexually violent person under subsection (f) |
| 16 | | of Section 5 of the Sexually Violent Persons Commitment |
| 17 | | Act; |
| 18 | | (7) is a sexually dangerous person under the Sexually |
| 19 | | Dangerous Persons Act; |
| 20 | | (8) is unfit to stand trial under the Juvenile Court |
| 21 | | Act of 1987; |
| 22 | | (9) is not guilty by reason of insanity under the |
| 23 | | Juvenile Court Act of 1987; |
| 24 | | (10) is subject to involuntary admission as an |
| 25 | | inpatient as defined in Section 1-119 of the Mental Health |
| 26 | | and Developmental Disabilities Code; |
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| 1 | | (11) is subject to involuntary admission as an |
| 2 | | outpatient as defined in Section 1-119.1 of the Mental |
| 3 | | Health and Developmental Disabilities Code; |
| 4 | | (12) is subject to judicial admission as set forth in |
| 5 | | Section 4-500 of the Mental Health and Developmental |
| 6 | | Disabilities Code; or |
| 7 | | (13) is subject to the provisions of the Interstate |
| 8 | | Agreements on Sexually Dangerous Persons Act. |
| 9 | | "Certified licensee" and "licensee" have the meanings |
| 10 | | ascribed to them in Section 5-5 of the Firearm Dealer |
| 11 | | License Certification Act. |
| 12 | | "Clear and present danger" means a person who: |
| 13 | | (1) communicates a serious threat of physical violence |
| 14 | | against a reasonably identifiable victim or poses a clear |
| 15 | | and imminent risk of serious physical injury to himself, |
| 16 | | herself, or another person as determined by a physician, |
| 17 | | clinical psychologist, or qualified examiner; or |
| 18 | | (2) demonstrates threatening physical or verbal |
| 19 | | behavior, such as violent, suicidal, or assaultive |
| 20 | | threats, actions, or other behavior, as determined by a |
| 21 | | physician, clinical psychologist, qualified examiner, |
| 22 | | school administrator, or law enforcement official. |
| 23 | | "Clinical psychologist" has the meaning provided in |
| 24 | | Section 1-103 of the Mental Health and Developmental |
| 25 | | Disabilities Code. |
| 26 | | "Controlled substance" means a controlled substance or |
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| 1 | | controlled substance analog as defined in the Illinois |
| 2 | | Controlled Substances Act. |
| 3 | | "Counterfeit" means to copy or imitate, without legal |
| 4 | | authority, with
intent
to deceive. |
| 5 | | "Federally licensed firearm dealer" means a person who is |
| 6 | | licensed as a federal firearms dealer under Section 923 of the |
| 7 | | federal Gun Control Act of 1968 (18 U.S.C. 923).
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| 8 | | "Firearm" means any device, by
whatever name known, which |
| 9 | | is designed to expel a projectile or projectiles
by the action |
| 10 | | of an explosion, expansion of gas or escape of gas; excluding,
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| 11 | | however:
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| 12 | | (1) any pneumatic gun, spring gun, paint ball gun, or |
| 13 | | B-B gun which
expels a single globular projectile not |
| 14 | | exceeding .18 inch in
diameter or which has a maximum |
| 15 | | muzzle velocity of less than 700 feet
per second;
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| 16 | | (1.1) any pneumatic gun, spring gun, paint ball gun, |
| 17 | | or B-B gun which expels breakable paint balls containing |
| 18 | | washable marking colors; |
| 19 | | (2) any device used exclusively for signaling or |
| 20 | | safety and required or
recommended by the United States |
| 21 | | Coast Guard or the Interstate Commerce
Commission;
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| 22 | | (3) any device used exclusively for the firing of stud |
| 23 | | cartridges,
explosive rivets or similar industrial |
| 24 | | ammunition; and
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| 25 | | (4) an antique firearm (other than a machine-gun) |
| 26 | | which, although
designed as a weapon, the Illinois State |
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| 1 | | Police finds by reason of
the date of its manufacture, |
| 2 | | value, design, and other characteristics is
primarily a |
| 3 | | collector's item and is not likely to be used as a weapon.
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| 4 | | "Firearm ammunition" means any self-contained cartridge or |
| 5 | | shotgun
shell, by whatever name known, which is designed to be |
| 6 | | used or adaptable to
use in a firearm; excluding, however:
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| 7 | | (1) any ammunition exclusively designed for use with a |
| 8 | | device used
exclusively for signaling signalling or safety |
| 9 | | and required or recommended by the
United States Coast |
| 10 | | Guard or the Interstate Commerce Commission; and
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| 11 | | (2) any ammunition designed exclusively for use with a |
| 12 | | stud or rivet
driver or other similar industrial |
| 13 | | ammunition. |
| 14 | | "Gun show" means an event or function: |
| 15 | | (1) at which the sale and transfer of firearms is the |
| 16 | | regular and normal course of business and where 50 or more |
| 17 | | firearms are displayed, offered, or exhibited for sale, |
| 18 | | transfer, or exchange; or |
| 19 | | (2) at which not less than 10 gun show vendors |
| 20 | | display, offer, or exhibit for sale, sell, transfer, or |
| 21 | | exchange firearms.
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| 22 | | "Gun show" includes the entire premises provided for an |
| 23 | | event or function, including parking areas for the event or |
| 24 | | function, that is sponsored to facilitate the purchase, sale, |
| 25 | | transfer, or exchange of firearms as described in this |
| 26 | | Section.
Nothing in this definition shall be construed to |
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| 1 | | exclude a gun show held in conjunction with competitive |
| 2 | | shooting events at the World Shooting Complex sanctioned by a |
| 3 | | national governing body in which the sale or transfer of |
| 4 | | firearms is authorized under subparagraph (5) of paragraph (g) |
| 5 | | of subsection (A) of Section 24-3 of the Criminal Code of 2012. |
| 6 | | Unless otherwise expressly stated, "gun show" does not |
| 7 | | include training or safety classes, competitive shooting |
| 8 | | events, such as rifle, shotgun, or handgun matches, trap, |
| 9 | | skeet, or sporting clays shoots, dinners, banquets, raffles, |
| 10 | | or
any other event where the sale or transfer of firearms is |
| 11 | | not the primary course of business. |
| 12 | | "Gun show promoter" means a person who organizes or |
| 13 | | operates a gun show. |
| 14 | | "Gun show vendor" means a person who exhibits, sells, |
| 15 | | offers for sale, transfers, or exchanges any firearms at a gun |
| 16 | | show, regardless of whether the person arranges with a gun |
| 17 | | show promoter for a fixed location from which to exhibit, |
| 18 | | sell, offer for sale, transfer, or exchange any firearm. |
| 19 | | "Involuntarily admitted" has the meaning as prescribed in |
| 20 | | Sections 1-119 and 1-119.1 of the Mental Health and |
| 21 | | Developmental Disabilities Code. |
| 22 | | "Mental health facility" means any licensed private |
| 23 | | hospital or hospital affiliate, institution, or facility, or |
| 24 | | part thereof, and any facility, or part thereof, operated by |
| 25 | | the State or a political subdivision thereof which provides |
| 26 | | provide treatment of persons with mental illness and includes |
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| 1 | | all hospitals, institutions, clinics, evaluation facilities, |
| 2 | | mental health centers, colleges, universities, long-term care |
| 3 | | facilities, and nursing homes, or parts thereof, which provide |
| 4 | | treatment of persons with mental illness whether or not the |
| 5 | | primary purpose is to provide treatment of persons with mental |
| 6 | | illness. |
| 7 | | "National governing body" means a group of persons who |
| 8 | | adopt rules and formulate policy on behalf of a national |
| 9 | | firearm sporting organization. |
| 10 | | "Patient" means: |
| 11 | | (1) a person who is admitted as an inpatient or |
| 12 | | resident of a public or private mental health facility for |
| 13 | | mental health treatment under Chapter III of the Mental |
| 14 | | Health and Developmental Disabilities Code as an informal |
| 15 | | admission, a voluntary admission, a minor admission, an |
| 16 | | emergency admission, or an involuntary admission, unless |
| 17 | | the treatment was solely for an alcohol abuse disorder; or |
| 18 | | (2) a person who voluntarily or involuntarily receives |
| 19 | | mental health treatment as an out-patient or is otherwise |
| 20 | | provided services by a public or private mental health |
| 21 | | facility, and who poses a clear and present danger to |
| 22 | | himself, herself, or to others. |
| 23 | | "Person with a developmental disability" means a person |
| 24 | | with a disability which is attributable to any other condition |
| 25 | | which results in impairment similar to that caused by an |
| 26 | | intellectual disability and which requires services similar to |
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| 1 | | those required by persons with intellectual disabilities. The |
| 2 | | disability must originate before the age of 18
years, be |
| 3 | | expected to continue indefinitely, and constitute a |
| 4 | | substantial disability. This disability results, in the |
| 5 | | professional opinion of a physician, clinical psychologist, or |
| 6 | | qualified examiner, in significant functional limitations in 3 |
| 7 | | or more of the following areas of major life activity: |
| 8 | | (i) self-care; |
| 9 | | (ii) receptive and expressive language; |
| 10 | | (iii) learning; |
| 11 | | (iv) mobility; or |
| 12 | | (v) self-direction. |
| 13 | | "Person with an intellectual disability" means a person |
| 14 | | with a significantly subaverage general intellectual |
| 15 | | functioning which exists concurrently with impairment in |
| 16 | | adaptive behavior and which originates before the age of 18 |
| 17 | | years. |
| 18 | | "Physician" has the meaning as defined in Section 1-120 of |
| 19 | | the Mental Health and Developmental Disabilities Code. |
| 20 | | "Protective order" means any orders of protection issued |
| 21 | | under the Illinois Domestic Violence Act of 1986, stalking no |
| 22 | | contact orders issued under the Stalking No Contact Order Act, |
| 23 | | civil no contact orders issued under the Civil No Contact |
| 24 | | Order Act, and firearms restraining orders issued under the |
| 25 | | Firearms Restraining Order Act. |
| 26 | | "Qualified examiner" has the meaning provided in Section |
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| 1 | | 1-122 of the Mental Health and Developmental Disabilities |
| 2 | | Code. |
| 3 | | "Sanctioned competitive shooting event" means a shooting |
| 4 | | contest officially recognized by a national or state shooting |
| 5 | | sport association, and includes any sight-in or practice |
| 6 | | conducted in conjunction with the event.
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| 7 | | "School administrator" means the person required to report |
| 8 | | under the School Administrator Reporting of Mental Health |
| 9 | | Clear and Present Danger Determinations Law. |
| 10 | | "Stun gun or taser" has the meaning ascribed to it in |
| 11 | | Section 24-1 of the Criminal Code of 2012. |
| 12 | | (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; |
| 13 | | revised 10-6-21.)
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| 14 | | (430 ILCS 65/3) (from Ch. 38, par. 83-3) |
| 15 | | (Text of Section before amendment by P.A. 102-237) |
| 16 | | Sec. 3. (a) Except as provided in Section 3a, no person may |
| 17 | | knowingly
transfer, or cause to be transferred, any firearm, |
| 18 | | firearm ammunition, stun gun, or taser to any person within |
| 19 | | this State unless the
transferee with whom he deals displays |
| 20 | | either: (1) a currently valid Firearm Owner's
Identification |
| 21 | | Card which has previously been issued in his or her name by the
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| 22 | | Illinois State Police under the provisions of this Act; or (2) |
| 23 | | a currently valid license to carry a concealed firearm which |
| 24 | | has previously been issued in his or her name by the
Illinois |
| 25 | | State Police under the Firearm Concealed Carry Act. In |
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| 1 | | addition,
all firearm, stun gun, and taser transfers by |
| 2 | | federally licensed firearm dealers are subject
to Section 3.1. |
| 3 | | (a-5) Any person who is not a federally licensed firearm |
| 4 | | dealer and who desires to transfer or sell a firearm while that |
| 5 | | person is on the grounds of a gun show must, before selling or |
| 6 | | transferring the firearm, request the Illinois State Police to |
| 7 | | conduct a background check on the prospective recipient of the |
| 8 | | firearm in accordance with Section 3.1.
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| 9 | | (a-10) Notwithstanding item (2) of subsection (a) of this |
| 10 | | Section, any person who is not a federally licensed firearm |
| 11 | | dealer and who desires to transfer or sell a firearm or |
| 12 | | firearms to any person who is not a federally licensed firearm |
| 13 | | dealer shall, before selling or transferring the firearms, |
| 14 | | contact the Illinois State Police with the transferee's or |
| 15 | | purchaser's Firearm Owner's Identification Card number to |
| 16 | | determine the validity of the transferee's or purchaser's |
| 17 | | Firearm Owner's Identification Card. This subsection shall not |
| 18 | | be effective until January 1, 2014. The Illinois State Police |
| 19 | | may adopt rules concerning the implementation of this |
| 20 | | subsection. The Illinois State Police shall provide the seller |
| 21 | | or transferor an approval number if the purchaser's Firearm |
| 22 | | Owner's Identification Card is valid. Approvals issued by the |
| 23 | | Illinois State Police for the purchase of a firearm pursuant |
| 24 | | to this subsection are valid for 30 days from the date of |
| 25 | | issue. |
| 26 | | (a-15) The provisions of subsection (a-10) of this Section |
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| 1 | | do not apply to: |
| 2 | | (1) transfers that occur at the place of business of a |
| 3 | | federally licensed firearm dealer, if the federally |
| 4 | | licensed firearm dealer conducts a background check on the |
| 5 | | prospective recipient of the firearm in accordance with |
| 6 | | Section 3.1 of this Act and follows all other applicable |
| 7 | | federal, State, and local laws as if he or she were the |
| 8 | | seller or transferor of the firearm, although the dealer |
| 9 | | is not required to accept the firearm into his or her |
| 10 | | inventory. The purchaser or transferee may be required by |
| 11 | | the federally licensed firearm dealer to pay a fee not to |
| 12 | | exceed $10 per firearm, which the dealer may retain as |
| 13 | | compensation for performing the functions required under |
| 14 | | this paragraph, plus the applicable fees authorized by |
| 15 | | Section 3.1; |
| 16 | | (2) transfers as a bona fide gift to the transferor's |
| 17 | | husband, wife, son, daughter, stepson, stepdaughter, |
| 18 | | father, mother, stepfather, stepmother, brother, sister, |
| 19 | | nephew, niece, uncle, aunt, grandfather, grandmother, |
| 20 | | grandson, granddaughter, father-in-law, mother-in-law, |
| 21 | | son-in-law, or daughter-in-law; |
| 22 | | (3) transfers by persons acting pursuant to operation |
| 23 | | of law or a court order; |
| 24 | | (4) transfers on the grounds of a gun show under |
| 25 | | subsection (a-5) of this Section; |
| 26 | | (5) the delivery of a firearm by its owner to a |
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| 1 | | gunsmith for service or repair, the return of the firearm |
| 2 | | to its owner by the gunsmith, or the delivery of a firearm |
| 3 | | by a gunsmith to a federally licensed firearms dealer for |
| 4 | | service or repair and the return of the firearm to the |
| 5 | | gunsmith; |
| 6 | | (6) temporary transfers that occur while in the home |
| 7 | | of the unlicensed transferee, if the unlicensed transferee |
| 8 | | is not otherwise prohibited from possessing firearms and |
| 9 | | the unlicensed transferee reasonably believes that |
| 10 | | possession of the firearm is necessary to prevent imminent |
| 11 | | death or great bodily harm to the unlicensed transferee; |
| 12 | | (7) transfers to a law enforcement or corrections |
| 13 | | agency or a law enforcement or corrections officer acting |
| 14 | | within the course and scope of his or her official duties; |
| 15 | | (8) transfers of firearms that have been rendered |
| 16 | | permanently inoperable to a nonprofit historical society, |
| 17 | | museum, or institutional collection; and |
| 18 | | (9) transfers to a person who is exempt from the |
| 19 | | requirement of possessing a Firearm Owner's Identification |
| 20 | | Card under Section 2 of this Act. |
| 21 | | (a-20) The Illinois State Police shall develop an |
| 22 | | Internet-based system for individuals to determine the |
| 23 | | validity of a Firearm Owner's Identification Card prior to the |
| 24 | | sale or transfer of a firearm. The Illinois State Police shall |
| 25 | | have the Internet-based system completed and available for use |
| 26 | | by July 1, 2015. The Illinois State Police shall adopt rules |
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| 1 | | not inconsistent with this Section to implement this system. |
| 2 | | (b) Any person within this State who transfers or causes |
| 3 | | to be
transferred any firearm, stun gun, or taser shall keep a |
| 4 | | record of such transfer for a period
of 10 years from the date |
| 5 | | of transfer. Such record shall contain the date
of the |
| 6 | | transfer; the description, serial number or other information
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| 7 | | identifying the firearm, stun gun, or taser if no serial |
| 8 | | number is available; and, if the
transfer was completed within |
| 9 | | this State, the transferee's Firearm Owner's
Identification |
| 10 | | Card number and any approval number or documentation provided |
| 11 | | by the Illinois State Police pursuant to subsection (a-10) of |
| 12 | | this Section; if the transfer was not completed within this |
| 13 | | State, the record shall contain the name and address of the |
| 14 | | transferee. On or after January 1, 2006, the record shall |
| 15 | | contain the date of application for transfer of the firearm. |
| 16 | | On demand of a peace officer such transferor
shall produce for |
| 17 | | inspection such record of transfer. If the transfer or sale |
| 18 | | took place at a gun show, the record shall include the unique |
| 19 | | identification number. Failure to record the unique |
| 20 | | identification number or approval number is a petty offense.
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| 21 | | For transfers of a firearm, stun gun, or taser made on or after |
| 22 | | January 18, 2019 (the effective date of Public Act 100-1178), |
| 23 | | failure by the private seller to maintain the transfer records |
| 24 | | in accordance with this Section is a Class A misdemeanor for |
| 25 | | the first offense and a Class 4 felony for a second or |
| 26 | | subsequent offense. A transferee shall not be criminally |
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| 1 | | liable under this Section provided that he or she provides the |
| 2 | | Illinois State Police with the transfer records in accordance |
| 3 | | with procedures established by the Illinois State Police. The |
| 4 | | Illinois State Police shall establish, by rule, a standard |
| 5 | | form on its website. |
| 6 | | (b-5) Any resident may purchase ammunition from a person |
| 7 | | within or outside of Illinois if shipment is by United States |
| 8 | | mail or by a private express carrier authorized by federal law |
| 9 | | to ship ammunition. Any resident purchasing ammunition within |
| 10 | | or outside the State of Illinois must provide the seller with a |
| 11 | | copy of his or her valid Firearm Owner's Identification Card |
| 12 | | or valid concealed carry license and either his or her |
| 13 | | Illinois driver's license or Illinois State Identification |
| 14 | | Card prior to the shipment of the ammunition. The ammunition |
| 15 | | may be shipped only to an address on either of those 2 |
| 16 | | documents. |
| 17 | | (c) The provisions of this Section regarding the transfer |
| 18 | | of firearm
ammunition shall not apply to those persons |
| 19 | | specified in paragraph (b) of
Section 2 of this Act. |
| 20 | | (Source: P.A. 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
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| 21 | | (Text of Section after amendment by P.A. 102-237) |
| 22 | | Sec. 3. (a) Except as provided in Section 3a, no person may |
| 23 | | knowingly
transfer, or cause to be transferred, any firearm, |
| 24 | | firearm ammunition, stun gun, or taser to any person within |
| 25 | | this State unless the
transferee with whom he deals displays |
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| 1 | | either: (1) a currently valid Firearm Owner's
Identification |
| 2 | | Card which has previously been issued in his or her name by the
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| 3 | | Illinois State Police under the provisions of this Act; or (2) |
| 4 | | a currently valid license to carry a concealed firearm which |
| 5 | | has previously been issued in his or her name by the
Illinois |
| 6 | | State Police under the Firearm Concealed Carry Act. In |
| 7 | | addition,
all firearm, stun gun, and taser transfers by |
| 8 | | federally licensed firearm dealers are subject
to Section 3.1. |
| 9 | | (a-1) No person, other than a certified licensee under the |
| 10 | | Firearm Dealer License Certification Act or an employee of the |
| 11 | | certified licensee who sells or transfers firearm ammunition |
| 12 | | in the course of his or her business as an employee of a |
| 13 | | certified licensee, may knowingly transfer, or cause to be |
| 14 | | transferred, firearm ammunition in this State. |
| 15 | | (a-5) Any person who is not a federally licensed firearm |
| 16 | | dealer and who desires to transfer or sell a firearm while that |
| 17 | | person is on the grounds of a gun show must, before selling or |
| 18 | | transferring the firearm, request the Illinois State Police to |
| 19 | | conduct a background check on the prospective recipient of the |
| 20 | | firearm in accordance with Section 3.1.
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| 21 | | (a-10) Notwithstanding item (2) of subsection (a) of this |
| 22 | | Section, any person who is not a federally licensed firearm |
| 23 | | dealer and who desires to transfer or sell a firearm or |
| 24 | | firearms to any person who is not a federally licensed firearm |
| 25 | | dealer shall, before selling or transferring the firearms, |
| 26 | | contact a federal firearm license dealer under paragraph (1) |
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| 1 | | of subsection (a-15) of this Section to conduct the transfer |
| 2 | | or the Illinois State Police with the transferee's or |
| 3 | | purchaser's Firearm Owner's Identification Card number to |
| 4 | | determine the validity of the transferee's or purchaser's |
| 5 | | Firearm Owner's Identification Card under State and federal |
| 6 | | law, including the National Instant Criminal Background Check |
| 7 | | System. This subsection shall not be effective until January |
| 8 | | 1, 2024. Until that date the transferor shall contact the |
| 9 | | Illinois State Police with the transferee's or purchaser's |
| 10 | | Firearm Owner's Identification Card number to determine the |
| 11 | | validity of the card. The Illinois State Police may adopt |
| 12 | | rules concerning the implementation of this subsection. The |
| 13 | | Illinois State Police shall provide the seller or transferor |
| 14 | | an approval number if the purchaser's Firearm Owner's |
| 15 | | Identification Card is valid. Approvals issued by the Illinois |
| 16 | | State Police for the purchase of a firearm pursuant to this |
| 17 | | subsection are valid for 30 days from the date of issue. |
| 18 | | (a-15) The provisions of subsection (a-10) of this Section |
| 19 | | do not apply to: |
| 20 | | (1) transfers that occur at the place of business of a |
| 21 | | federally licensed firearm dealer, if the federally |
| 22 | | licensed firearm dealer conducts a background check on the |
| 23 | | prospective recipient of the firearm in accordance with |
| 24 | | Section 3.1 of this Act and follows all other applicable |
| 25 | | federal, State, and local laws as if he or she were the |
| 26 | | seller or transferor of the firearm, although the dealer |
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| 1 | | is not required to accept the firearm into his or her |
| 2 | | inventory. The purchaser or transferee may be required by |
| 3 | | the federally licensed firearm dealer to pay a fee not to |
| 4 | | exceed $25 per firearm, which the dealer may retain as |
| 5 | | compensation for performing the functions required under |
| 6 | | this paragraph, plus the applicable fees authorized by |
| 7 | | Section 3.1; |
| 8 | | (2) transfers as a bona fide gift to the transferor's |
| 9 | | husband, wife, son, daughter, stepson, stepdaughter, |
| 10 | | father, mother, stepfather, stepmother, brother, sister, |
| 11 | | nephew, niece, uncle, aunt, grandfather, grandmother, |
| 12 | | grandson, granddaughter, father-in-law, mother-in-law, |
| 13 | | son-in-law, or daughter-in-law; |
| 14 | | (3) transfers by persons acting pursuant to operation |
| 15 | | of law or a court order; |
| 16 | | (4) transfers on the grounds of a gun show under |
| 17 | | subsection (a-5) of this Section; |
| 18 | | (5) the delivery of a firearm by its owner to a |
| 19 | | gunsmith for service or repair, the return of the firearm |
| 20 | | to its owner by the gunsmith, or the delivery of a firearm |
| 21 | | by a gunsmith to a federally licensed firearms dealer for |
| 22 | | service or repair and the return of the firearm to the |
| 23 | | gunsmith; |
| 24 | | (6) temporary transfers that occur while in the home |
| 25 | | of the unlicensed transferee, if the unlicensed transferee |
| 26 | | is not otherwise prohibited from possessing firearms and |
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| 1 | | the unlicensed transferee reasonably believes that |
| 2 | | possession of the firearm is necessary to prevent imminent |
| 3 | | death or great bodily harm to the unlicensed transferee; |
| 4 | | (7) transfers to a law enforcement or corrections |
| 5 | | agency or a law enforcement or corrections officer acting |
| 6 | | within the course and scope of his or her official duties; |
| 7 | | (8) transfers of firearms that have been rendered |
| 8 | | permanently inoperable to a nonprofit historical society, |
| 9 | | museum, or institutional collection; and |
| 10 | | (9) transfers to a person who is exempt from the |
| 11 | | requirement of possessing a Firearm Owner's Identification |
| 12 | | Card under Section 2 of this Act. |
| 13 | | (a-20) The Illinois State Police shall develop an |
| 14 | | Internet-based system for individuals to determine the |
| 15 | | validity of a Firearm Owner's Identification Card prior to the |
| 16 | | sale or transfer of a firearm. The Illinois State Police shall |
| 17 | | have the Internet-based system updated and available for use |
| 18 | | by January 1, 2024. The Illinois State Police shall adopt |
| 19 | | rules not inconsistent with this Section to implement this |
| 20 | | system; but no rule shall allow the Illinois State Police to |
| 21 | | retain records in contravention of State and federal law. |
| 22 | | (a-25) On or before January 1, 2022, the Illinois State |
| 23 | | Police shall develop an Internet-based system upon which the |
| 24 | | serial numbers of firearms that have been reported stolen are |
| 25 | | available for public access for individuals to ensure any |
| 26 | | firearms are not reported stolen prior to the sale or transfer |
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| 1 | | of a firearm under this Section. The Illinois State Police |
| 2 | | shall have the Internet-based system completed and available |
| 3 | | for use by July 1, 2022. The Illinois State Police shall adopt |
| 4 | | rules not inconsistent with this Section to implement this |
| 5 | | system. |
| 6 | | (b) Any person within this State who transfers or causes |
| 7 | | to be
transferred any firearm, stun gun, or taser shall keep a |
| 8 | | record of such transfer for a period
of 10 years from the date |
| 9 | | of transfer. Any person within this State who receives any |
| 10 | | firearm, stun gun, or taser pursuant to subsection (a-10) |
| 11 | | shall provide a record of the transfer within 10 days of the |
| 12 | | transfer to a federally licensed firearm dealer and shall not |
| 13 | | be required to maintain a transfer record. The federally |
| 14 | | licensed firearm dealer shall maintain the transfer record for |
| 15 | | 20 years from the date of receipt. A federally licensed |
| 16 | | firearm dealer may charge a fee not to exceed $25 to retain the |
| 17 | | record. The record shall be provided and maintained in either |
| 18 | | an electronic or paper format. The federally licensed firearm |
| 19 | | dealer shall not be liable for the accuracy of any information |
| 20 | | in the transfer record submitted pursuant to this Section. |
| 21 | | Such records shall contain the date
of the transfer; the |
| 22 | | description, serial number or other information
identifying |
| 23 | | the firearm, stun gun, or taser if no serial number is |
| 24 | | available; and, if the
transfer was completed within this |
| 25 | | State, the transferee's Firearm Owner's
Identification Card |
| 26 | | number and any approval number or documentation provided by |
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| 1 | | the Illinois State Police pursuant to subsection (a-10) of |
| 2 | | this Section; if the transfer was not completed within this |
| 3 | | State, the record shall contain the name and address of the |
| 4 | | transferee. On or after January 1, 2006, the record shall |
| 5 | | contain the date of application for transfer of the firearm. |
| 6 | | On demand of a peace officer such transferor shall produce for |
| 7 | | inspection such record of transfer. For any transfer pursuant |
| 8 | | to subsection (a-10) of this Section, on the demand of a peace |
| 9 | | officer, such transferee shall identify the federally licensed |
| 10 | | firearm dealer maintaining the transfer record. If the |
| 11 | | transfer or sale took place at a gun show, the record shall |
| 12 | | include the unique identification number. Failure to record |
| 13 | | the unique identification number or approval number is a petty |
| 14 | | offense.
For transfers of a firearm, stun gun, or taser made on |
| 15 | | or after January 18, 2019 (the effective date of Public Act |
| 16 | | 100-1178), failure by the private seller to maintain the |
| 17 | | transfer records in accordance with this Section, or failure |
| 18 | | by a transferee pursuant to subsection a-10 of this Section to |
| 19 | | identify the federally licensed firearm dealer maintaining the |
| 20 | | transfer record, is a Class A misdemeanor for the first |
| 21 | | offense and a Class 4 felony for a second or subsequent offense |
| 22 | | occurring within 10 years of the first offense and the second |
| 23 | | offense was committed after conviction of the first offense. |
| 24 | | Whenever any person who has not previously been convicted of |
| 25 | | any violation of subsection (a-5), the court may grant |
| 26 | | supervision pursuant to and consistent with the limitations of |
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| 1 | | Section 5-6-1 of the Unified Code of Corrections. A transferee |
| 2 | | or transferor shall not be criminally liable under this |
| 3 | | Section provided that he or she provides the Illinois State |
| 4 | | Police with the transfer records in accordance with procedures |
| 5 | | established by the Illinois State Police. The Illinois State |
| 6 | | Police shall establish, by rule, a standard form on its |
| 7 | | website. |
| 8 | | (b-5) (Blank). Any resident may purchase ammunition from a |
| 9 | | person within or outside of Illinois if shipment is by United |
| 10 | | States mail or by a private express carrier authorized by |
| 11 | | federal law to ship ammunition. Any resident purchasing |
| 12 | | ammunition within or outside the State of Illinois must |
| 13 | | provide the seller with a copy of his or her valid Firearm |
| 14 | | Owner's Identification Card or valid concealed carry license |
| 15 | | and either his or her Illinois driver's license or Illinois |
| 16 | | State Identification Card prior to the shipment of the |
| 17 | | ammunition. The ammunition may be shipped only to an address |
| 18 | | on either of those 2 documents. |
| 19 | | (c) (Blank). The provisions of this Section regarding the |
| 20 | | transfer of firearm
ammunition shall not apply to those |
| 21 | | persons specified in paragraph (b) of
Section 2 of this Act. |
| 22 | | (Source: P.A. 102-237, eff. 1-1-24; 102-538, eff. 8-20-21; |
| 23 | | 102-813, eff. 5-13-22.)
|
| 24 | | (430 ILCS 65/3a) (from Ch. 38, par. 83-3a)
|
| 25 | | Sec. 3a. (a) Any resident of Illinois who has obtained a |
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| 1 | | firearm
owner's identification card pursuant to this Act and |
| 2 | | who is not otherwise
prohibited from obtaining, possessing or |
| 3 | | using a firearm may purchase or
obtain a rifle or shotgun or |
| 4 | | ammunition for a rifle or shotgun in Iowa,
Missouri, Indiana, |
| 5 | | Wisconsin or Kentucky.
|
| 6 | | (b) Any resident of Iowa, Missouri, Indiana, Wisconsin or |
| 7 | | Kentucky
or a
non-resident with a valid non-resident hunting |
| 8 | | license, who
is 18 years of age or older and who is not |
| 9 | | prohibited by the laws of
Illinois, the state of his domicile, |
| 10 | | or the United States from obtaining,
possessing or using a |
| 11 | | firearm, may purchase or obtain a rifle,
shotgun or
ammunition |
| 12 | | for a rifle or shotgun in Illinois.
|
| 13 | | (b-5) Any non-resident who is participating in a |
| 14 | | sanctioned competitive
shooting
event, who is 18 years of age |
| 15 | | or older and who is not prohibited by the laws of
Illinois,
the |
| 16 | | state of his or her domicile, or the United States from |
| 17 | | obtaining,
possessing, or using
a firearm, may purchase or |
| 18 | | obtain a shotgun or shotgun ammunition in Illinois
for the
|
| 19 | | purpose of participating in that event. A person may purchase |
| 20 | | or obtain a
shotgun or
shotgun ammunition under this |
| 21 | | subsection only at the site where the sanctioned
competitive |
| 22 | | shooting event is being held.
|
| 23 | | (b-6) Notwithstanding subsections (a), (b), and (b-5), |
| 24 | | ammunition for a rifle or shotgun must be purchased only from a |
| 25 | | federally licensed firearm dealer. |
| 26 | | (b-10) Any non-resident registered competitor or attendee |
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| 1 | | of a competitive shooting
event held at the World Shooting |
| 2 | | Complex sanctioned by a national governing
body, who is not |
| 3 | | prohibited by the laws of Illinois, the state of his or her
|
| 4 | | domicile, or the United States from obtaining, possessing, or |
| 5 | | using a firearm
may purchase or obtain a rifle, shotgun, or |
| 6 | | other long gun or ammunition for
a rifle, shotgun, or other |
| 7 | | long gun at the competitive shooting event. The
sanctioning |
| 8 | | body shall provide a list of registered competitors and |
| 9 | | attendees as required
under subparagraph (5) of paragraph (g) |
| 10 | | of subsection (A) of Section 24-3 of the Criminal Code of 2012. |
| 11 | | A competitor or attendee of a competitive shooting event who |
| 12 | | does not wish to
purchase a firearm at the event is not |
| 13 | | required to register or have his or her name
appear on a list |
| 14 | | of registered competitors and attendees provided to the |
| 15 | | Department of State
Police by the sanctioning body. |
| 16 | | (c) Any transaction under this Section is subject to the |
| 17 | | provisions of
the Gun Control Act of 1968 (18 U.S.C. 922 |
| 18 | | (b)(3)).
|
| 19 | | (Source: P.A. 99-29, eff. 7-10-15.)
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| 20 | | Section 10. The Criminal Code of 2012 is amended by |
| 21 | | changing Section 24-3 as follows:
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| 22 | | (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
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| 23 | | Sec. 24-3. Unlawful sale or delivery of firearms.
|
| 24 | | (A) A person commits the offense of unlawful sale or |
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| 1 | | delivery of firearms when he
or she knowingly does any of the |
| 2 | | following:
|
| 3 | | (a) Sells or gives any firearm of a size which may be |
| 4 | | concealed upon the
person to any person under 18 years of |
| 5 | | age.
|
| 6 | | (b) Sells or gives any firearm to a person under 21 |
| 7 | | years of age who has
been convicted of a misdemeanor other |
| 8 | | than a traffic offense or adjudged
delinquent.
|
| 9 | | (c) Sells or gives any firearm to any narcotic addict.
|
| 10 | | (d) Sells or gives any firearm to any person who has |
| 11 | | been convicted of a
felony under the laws of this or any |
| 12 | | other jurisdiction.
|
| 13 | | (e) Sells or gives any firearm to any person who has |
| 14 | | been a patient in a
mental institution within the past 5 |
| 15 | | years. In this subsection (e): |
| 16 | | "Mental institution" means any hospital, |
| 17 | | institution, clinic, evaluation facility, mental |
| 18 | | health center, or part thereof, which is used |
| 19 | | primarily for the care or treatment of persons with |
| 20 | | mental illness. |
| 21 | | "Patient in a mental institution" means the person |
| 22 | | was admitted, either voluntarily or involuntarily, to |
| 23 | | a mental institution for mental health treatment, |
| 24 | | unless the treatment was voluntary and solely for an |
| 25 | | alcohol abuse disorder and no other secondary |
| 26 | | substance abuse disorder or mental illness.
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| 1 | | (f) Sells or gives any firearms to any person who is a |
| 2 | | person with an intellectual disability.
|
| 3 | | (g) Delivers any firearm, incidental to a sale, |
| 4 | | without withholding delivery of the firearm
for at least |
| 5 | | 72 hours after application for its purchase has been made, |
| 6 | | or
delivers a stun gun or taser, incidental to a sale,
|
| 7 | | without withholding delivery of the stun gun or taser for
|
| 8 | | at least 24 hours after application for its purchase has |
| 9 | | been made.
However,
this paragraph (g) does not apply to: |
| 10 | | (1) the sale of a firearm
to a law enforcement officer if |
| 11 | | the seller of the firearm knows that the person to whom he |
| 12 | | or she is selling the firearm is a law enforcement officer |
| 13 | | or the sale of a firearm to a person who desires to |
| 14 | | purchase a firearm for
use in promoting the public |
| 15 | | interest incident to his or her employment as a
bank |
| 16 | | guard, armed truck guard, or other similar employment; (2) |
| 17 | | a mail
order sale of a firearm from a federally licensed |
| 18 | | firearms dealer to a nonresident of Illinois under which |
| 19 | | the firearm
is mailed to a federally licensed firearms |
| 20 | | dealer outside the boundaries of Illinois; (3) (blank); |
| 21 | | (4) the sale of a
firearm to a dealer licensed as a federal |
| 22 | | firearms dealer under Section 923
of the federal Gun |
| 23 | | Control Act of 1968 (18 U.S.C. 923); or (5) the transfer or |
| 24 | | sale of any rifle, shotgun, or other long gun to a resident |
| 25 | | registered competitor or attendee or non-resident |
| 26 | | registered competitor or attendee by any dealer licensed |
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| 1 | | as a federal firearms dealer under Section 923 of the |
| 2 | | federal Gun Control Act of 1968 at competitive shooting |
| 3 | | events held at the World Shooting Complex sanctioned by a |
| 4 | | national governing body. For purposes of transfers or |
| 5 | | sales under subparagraph (5) of this paragraph (g), the |
| 6 | | Department of Natural Resources shall give notice to the |
| 7 | | Illinois State Police at least 30 calendar days prior to |
| 8 | | any competitive shooting events at the World Shooting |
| 9 | | Complex sanctioned by a national governing body. The |
| 10 | | notification shall be made on a form prescribed by the |
| 11 | | Illinois State Police. The sanctioning body shall provide |
| 12 | | a list of all registered competitors and attendees at |
| 13 | | least 24 hours before the events to the Illinois State |
| 14 | | Police. Any changes to the list of registered competitors |
| 15 | | and attendees shall be forwarded to the Illinois State |
| 16 | | Police as soon as practicable. The Illinois State Police |
| 17 | | must destroy the list of registered competitors and |
| 18 | | attendees no later than 30 days after the date of the |
| 19 | | event. Nothing in this paragraph (g) relieves a federally |
| 20 | | licensed firearm dealer from the requirements of |
| 21 | | conducting a NICS background check through the Illinois |
| 22 | | Point of Contact under 18 U.S.C. 922(t). For purposes of |
| 23 | | this paragraph (g), "application" means when the buyer and |
| 24 | | seller reach an agreement to purchase a firearm.
For |
| 25 | | purposes of this paragraph (g), "national governing body" |
| 26 | | means a group of persons who adopt rules and formulate |
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| 1 | | policy on behalf of a national firearm sporting |
| 2 | | organization.
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| 3 | | (h) While holding any license
as a dealer,
importer, |
| 4 | | manufacturer or pawnbroker
under the federal Gun Control |
| 5 | | Act of 1968,
manufactures, sells or delivers to any |
| 6 | | unlicensed person a handgun having
a barrel, slide, frame |
| 7 | | or receiver which is a die casting of zinc alloy or
any |
| 8 | | other nonhomogeneous metal which will melt or deform at a |
| 9 | | temperature
of less than 800 degrees Fahrenheit. For |
| 10 | | purposes of this paragraph, (1)
"firearm" is defined as in |
| 11 | | the Firearm Owners Identification Card Act; and (2)
|
| 12 | | "handgun" is defined as a firearm designed to be held
and |
| 13 | | fired by the use of a single hand, and includes a |
| 14 | | combination of parts from
which such a firearm can be |
| 15 | | assembled.
|
| 16 | | (i) Sells or gives a firearm of any size to any person |
| 17 | | under 18 years of
age who does not possess a valid Firearm |
| 18 | | Owner's Identification Card.
|
| 19 | | (j) Sells or gives a firearm while engaged in the |
| 20 | | business of selling
firearms at wholesale or retail |
| 21 | | without being licensed as a federal firearms
dealer under |
| 22 | | Section 923 of the federal Gun Control Act of 1968 (18 |
| 23 | | U.S.C.
923). In this paragraph (j):
|
| 24 | | A person "engaged in the business" means a person who |
| 25 | | devotes time,
attention, and
labor to
engaging in the |
| 26 | | activity as a regular course of trade or business with the
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| 1 | | principal objective of livelihood and profit, but does not |
| 2 | | include a person who
makes occasional repairs of firearms |
| 3 | | or who occasionally fits special barrels,
stocks, or |
| 4 | | trigger mechanisms to firearms.
|
| 5 | | "With the principal objective of livelihood and |
| 6 | | profit" means that the
intent
underlying the sale or |
| 7 | | disposition of firearms is predominantly one of
obtaining |
| 8 | | livelihood and pecuniary gain, as opposed to other |
| 9 | | intents, such as
improving or liquidating a personal |
| 10 | | firearms collection; however, proof of
profit shall not be |
| 11 | | required as to a person who engages in the regular and
|
| 12 | | repetitive purchase and disposition of firearms for |
| 13 | | criminal purposes or
terrorism.
|
| 14 | | (k) Sells or transfers ownership of a firearm to a |
| 15 | | person who does not display to the seller or transferor of |
| 16 | | the firearm either: (1) a currently valid Firearm Owner's |
| 17 | | Identification Card that has previously been issued in the |
| 18 | | transferee's name by the Illinois State Police under the |
| 19 | | provisions of the Firearm Owners Identification Card Act; |
| 20 | | or (2) a currently valid license to carry a concealed |
| 21 | | firearm that has previously been issued in the |
| 22 | | transferee's name by the
Illinois State Police under the |
| 23 | | Firearm Concealed Carry Act. This paragraph (k) does not |
| 24 | | apply to the transfer of a firearm to a person who is |
| 25 | | exempt from the requirement of possessing a Firearm |
| 26 | | Owner's Identification Card under Section 2 of the Firearm |
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| 1 | | Owners Identification Card Act. For the purposes of this |
| 2 | | Section, a currently valid Firearm Owner's Identification |
| 3 | | Card or license to carry a concealed firearm means receipt |
| 4 | | of an approval number issued in accordance with subsection |
| 5 | | (a-10) of Section 3 or Section 3.1 of the Firearm Owners |
| 6 | | Identification Card Act. |
| 7 | | (1) In addition to the other requirements of this |
| 8 | | paragraph (k), all persons who are not federally |
| 9 | | licensed firearms dealers must also have complied with |
| 10 | | subsection (a-10) of Section 3 of the Firearm Owners |
| 11 | | Identification Card Act by determining the validity of |
| 12 | | a purchaser's Firearm Owner's Identification Card. |
| 13 | | (2) All sellers or transferors who have complied |
| 14 | | with the requirements of subparagraph (1) of this |
| 15 | | paragraph (k) shall not be liable for damages in any |
| 16 | | civil action arising from the use or misuse by the |
| 17 | | transferee of the firearm transferred, except for |
| 18 | | willful or wanton misconduct on the part of the seller |
| 19 | | or transferor. |
| 20 | | (l) Not
being entitled to the possession of a firearm, |
| 21 | | delivers the
firearm, knowing it to have been stolen or |
| 22 | | converted. It may be inferred that
a person who possesses |
| 23 | | a firearm with knowledge that its serial number has
been |
| 24 | | removed or altered has knowledge that the firearm is |
| 25 | | stolen or converted. |
| 26 | | (m) Sells or gives firearm ammunition to a person if |
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| 1 | | the transferrer of the firearm ammunition is not a |
| 2 | | certified licensee under the Firearm Dealer License |
| 3 | | Certification Act or if the transferrer of the firearm |
| 4 | | ammunition is not an employee of the certified licensee |
| 5 | | who sells or transfers firearm ammunition in the course of |
| 6 | | his or her business as an employee of a certified |
| 7 | | licensee. In this paragraph (m), "certified licensee" and |
| 8 | | "licensee" have the meanings ascribed to them in Section |
| 9 | | 5-5 of the Firearm Dealer License Certification Act. |
| 10 | | (B) Paragraph (h) of subsection (A) does not include |
| 11 | | firearms sold within 6
months after enactment of Public
Act |
| 12 | | 78-355 (approved August 21, 1973, effective October 1, 1973), |
| 13 | | nor is any
firearm legally owned or
possessed by any citizen or |
| 14 | | purchased by any citizen within 6 months after the
enactment |
| 15 | | of Public Act 78-355 subject
to confiscation or seizure under |
| 16 | | the provisions of that Public Act. Nothing in
Public Act |
| 17 | | 78-355 shall be construed to prohibit the gift or trade of
any |
| 18 | | firearm if that firearm was legally held or acquired within 6 |
| 19 | | months after
the enactment of that Public Act.
|
| 20 | | (C) Sentence.
|
| 21 | | (1) Any person convicted of unlawful sale or delivery |
| 22 | | of firearms in violation of
paragraph (c), (e), (f), (g), |
| 23 | | or (h), or (m) of subsection (A) commits a Class
4
felony.
|
| 24 | | (2) Any person convicted of unlawful sale or delivery |
| 25 | | of firearms in violation of
paragraph (b) or (i) of |
| 26 | | subsection (A) commits a Class 3 felony.
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| 1 | | (3) Any person convicted of unlawful sale or delivery |
| 2 | | of firearms in violation of
paragraph (a) of subsection |
| 3 | | (A) commits a Class 2 felony.
|
| 4 | | (4) Any person convicted of unlawful sale or delivery |
| 5 | | of firearms in violation of
paragraph (a), (b), or (i) of |
| 6 | | subsection (A) in any school, on the real
property |
| 7 | | comprising a school, within 1,000 feet of the real |
| 8 | | property comprising
a school, at a school related |
| 9 | | activity, or on or within 1,000 feet of any
conveyance |
| 10 | | owned, leased, or contracted by a school or school |
| 11 | | district to
transport students to or from school or a |
| 12 | | school related activity,
regardless of the time of day or |
| 13 | | time of year at which the offense
was committed, commits a |
| 14 | | Class 1 felony. Any person convicted of a second
or |
| 15 | | subsequent violation of unlawful sale or delivery of |
| 16 | | firearms in violation of paragraph
(a), (b), or (i) of |
| 17 | | subsection (A) in any school, on the real property
|
| 18 | | comprising a school, within 1,000 feet of the real |
| 19 | | property comprising a
school, at a school related |
| 20 | | activity, or on or within 1,000 feet of any
conveyance |
| 21 | | owned, leased, or contracted by a school or school |
| 22 | | district to
transport students to or from school or a |
| 23 | | school related activity,
regardless of the time of day or |
| 24 | | time of year at which the offense
was committed, commits a |
| 25 | | Class 1 felony for which the sentence shall be a
term of |
| 26 | | imprisonment of no less than 5 years and no more than 15 |
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| 1 | | years.
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| 2 | | (5) Any person convicted of unlawful sale or delivery |
| 3 | | of firearms in violation of
paragraph (a) or (i) of |
| 4 | | subsection (A) in residential property owned,
operated, or |
| 5 | | managed by a public housing agency or leased by a public |
| 6 | | housing
agency as part of a scattered site or mixed-income |
| 7 | | development, in a public
park, in a
courthouse, on |
| 8 | | residential property owned, operated, or managed by a |
| 9 | | public
housing agency or leased by a public housing agency |
| 10 | | as part of a scattered site
or mixed-income development, |
| 11 | | on the real property comprising any public park,
on the |
| 12 | | real
property comprising any courthouse, or on any public |
| 13 | | way within 1,000 feet
of the real property comprising any |
| 14 | | public park, courthouse, or residential
property owned, |
| 15 | | operated, or managed by a public housing agency or leased |
| 16 | | by a
public housing agency as part of a scattered site or |
| 17 | | mixed-income development
commits a
Class 2 felony.
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| 18 | | (6) Any person convicted of unlawful sale or delivery |
| 19 | | of firearms in violation of
paragraph (j) of subsection |
| 20 | | (A) commits a Class A misdemeanor. A second or
subsequent |
| 21 | | violation is a Class 4 felony. |
| 22 | | (7) Any person convicted of unlawful sale or delivery |
| 23 | | of firearms in violation of paragraph (k) of subsection |
| 24 | | (A) commits a Class 4 felony, except that a violation of |
| 25 | | subparagraph (1) of paragraph (k) of subsection (A) shall |
| 26 | | not be punishable as a crime or petty offense. A third or |
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| 1 | | subsequent conviction for a violation of paragraph (k) of |
| 2 | | subsection (A) is a Class 1 felony.
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| 3 | | (8) A person 18 years of age or older convicted of |
| 4 | | unlawful sale or delivery of firearms in violation of |
| 5 | | paragraph (a) or (i) of subsection (A), when the firearm |
| 6 | | that was sold or given to another person under 18 years of |
| 7 | | age was used in the commission of or attempt to commit a |
| 8 | | forcible felony, shall be fined or imprisoned, or both, |
| 9 | | not to exceed the maximum provided for the most serious |
| 10 | | forcible felony so committed or attempted by the person |
| 11 | | under 18 years of age who was sold or given the firearm. |
| 12 | | (9) Any person convicted of unlawful sale or delivery |
| 13 | | of firearms in violation of
paragraph (d) of subsection |
| 14 | | (A) commits a Class 3 felony. |
| 15 | | (10) Any person convicted of unlawful sale or delivery |
| 16 | | of firearms in violation of paragraph (l) of subsection |
| 17 | | (A) commits a Class 2 felony if the delivery is of one |
| 18 | | firearm. Any person convicted of unlawful sale or delivery |
| 19 | | of firearms in violation of paragraph (l) of subsection |
| 20 | | (A) commits a Class 1 felony if the delivery is of not less |
| 21 | | than 2 and not more than 5 firearms at the
same time or |
| 22 | | within a one-year period. Any person convicted of unlawful |
| 23 | | sale or delivery of firearms in violation of paragraph (l) |
| 24 | | of subsection (A) commits a Class X felony for which he or |
| 25 | | she shall be sentenced
to a term of imprisonment of not |
| 26 | | less than 6 years and not more than 30
years if the |
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| 1 | | delivery is of not less than 6 and not more than 10 |
| 2 | | firearms at the
same time or within a 2-year period. Any |
| 3 | | person convicted of unlawful sale or delivery of firearms |
| 4 | | in violation of paragraph (l) of subsection (A) commits a |
| 5 | | Class X felony for which he or she shall be sentenced
to a |
| 6 | | term of imprisonment of not less than 6 years and not more |
| 7 | | than 40
years if the delivery is of not less than 11 and |
| 8 | | not more than 20 firearms at the
same time or within a |
| 9 | | 3-year period. Any person convicted of unlawful sale or |
| 10 | | delivery of firearms in violation of paragraph (l) of |
| 11 | | subsection (A) commits a Class X felony for which he or she |
| 12 | | shall be sentenced
to a term of imprisonment of not less |
| 13 | | than 6 years and not more than 50
years if the delivery is |
| 14 | | of not less than 21 and not more than 30 firearms at the
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| 15 | | same time or within a 4-year period. Any person convicted |
| 16 | | of unlawful sale or delivery of firearms in violation of |
| 17 | | paragraph (l) of subsection (A) commits a Class X felony |
| 18 | | for which he or she shall be sentenced
to a term of |
| 19 | | imprisonment of not less than 6 years and not more than 60
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| 20 | | years if the delivery is of 31 or more firearms at the
same |
| 21 | | time or within a 5-year period. |
| 22 | | (D) For purposes of this Section:
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| 23 | | "School" means a public or private elementary or secondary |
| 24 | | school,
community college, college, or university.
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| 25 | | "School related activity" means any sporting, social, |
| 26 | | academic, or
other activity for which students' attendance or |
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| 1 | | participation is sponsored,
organized, or funded in whole or |
| 2 | | in part by a school or school district.
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| 3 | | (E) A prosecution for a violation of paragraph (k) of |
| 4 | | subsection (A) of this Section may be commenced within 6 years |
| 5 | | after the commission of the offense. A prosecution for a |
| 6 | | violation of this Section other than paragraph (g) of |
| 7 | | subsection (A) of this Section may be commenced within 5 years |
| 8 | | after the commission of the offense defined in the particular |
| 9 | | paragraph.
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| 10 | | (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; |
| 11 | | 102-813, eff. 5-13-22.)
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| 12 | | Section 95. No acceleration or delay. Where this Act makes |
| 13 | | changes in a statute that is represented in this Act by text |
| 14 | | that is not yet or no longer in effect (for example, a Section |
| 15 | | represented by multiple versions), the use of that text does |
| 16 | | not accelerate or delay the taking effect of (i) the changes |
| 17 | | made by this Act or (ii) provisions derived from any other |
| 18 | | Public Act.
|