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| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB5490 Introduced , by Rep. Ann Williams SYNOPSIS AS INTRODUCED:
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720 ILCS 5/24-3 | from Ch. 38, par. 24-3 |
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Amends the Criminal Code of 2012. Provides that a person commits unlawful sale or delivery of firearms when he
or she knowingly delivers any firearm of a size which may be concealed upon the
person, incidental to a sale, without withholding delivery of the firearm
for at least 72 hours after application and complete payment (rather than just application) for its purchase has been made, or
delivers any rifle, shotgun or other long gun, or a stun gun or taser, incidental to a sale,
without withholding delivery of the rifle, shotgun or other long gun, or a stun gun or taser for
at least 24 hours after application and complete payment (rather than just application) for its purchase has been made.
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| | | CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
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| | HB5490 | | LRB098 17543 RLC 52652 b |
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| 1 | | AN ACT concerning criminal law.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Criminal Code of 2012 is amended by changing |
| 5 | | Section 24-3 as follows:
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| 6 | | (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
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| 7 | | Sec. 24-3. Unlawful sale or delivery of firearms.
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| 8 | | (A) A person commits the offense of unlawful sale or |
| 9 | | delivery of firearms when he
or she knowingly does any of the |
| 10 | | following:
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| 11 | | (a) Sells or gives any firearm of a size which may be |
| 12 | | concealed upon the
person to any person under 18 years of |
| 13 | | age.
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| 14 | | (b) Sells or gives any firearm to a person under 21 |
| 15 | | years of age who has
been convicted of a misdemeanor other |
| 16 | | than a traffic offense or adjudged
delinquent.
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| 17 | | (c) Sells or gives any firearm to any narcotic addict.
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| 18 | | (d) Sells or gives any firearm to any person who has |
| 19 | | been convicted of a
felony under the laws of this or any |
| 20 | | other jurisdiction.
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| 21 | | (e) Sells or gives any firearm to any person who has |
| 22 | | been a patient in a
mental institution within the past 5 |
| 23 | | years. In this subsection (e): |
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| 1 | | "Mental institution" means any hospital, |
| 2 | | institution, clinic, evaluation facility, mental |
| 3 | | health center, or part thereof, which is used primarily |
| 4 | | for the care or treatment of persons with mental |
| 5 | | illness. |
| 6 | | "Patient in a mental institution" means the person |
| 7 | | was admitted, either voluntarily or involuntarily, to |
| 8 | | a mental institution for mental health treatment, |
| 9 | | unless the treatment was voluntary and solely for an |
| 10 | | alcohol abuse disorder and no other secondary |
| 11 | | substance abuse disorder or mental illness.
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| 12 | | (f) Sells or gives any firearms to any person who is |
| 13 | | intellectually disabled.
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| 14 | | (g) Delivers any firearm of a size which may be |
| 15 | | concealed upon the
person, incidental to a sale, without |
| 16 | | withholding delivery of such firearm
for at least 72 hours |
| 17 | | after application and complete payment for its purchase has |
| 18 | | been made, or
delivers any rifle, shotgun or other long |
| 19 | | gun, or a stun gun or taser, incidental to a sale,
without |
| 20 | | withholding delivery of such rifle, shotgun or other long |
| 21 | | gun, or a stun gun or taser for
at least 24 hours after |
| 22 | | application and complete payment for its purchase has been |
| 23 | | made.
However,
this paragraph (g) does not apply to: (1) |
| 24 | | the sale of a firearm
to a law enforcement officer if the |
| 25 | | seller of the firearm knows that the person to whom he or |
| 26 | | she is selling the firearm is a law enforcement officer or |
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| 1 | | the sale of a firearm to a person who desires to purchase a |
| 2 | | firearm for
use in promoting the public interest incident |
| 3 | | to his or her employment as a
bank guard, armed truck |
| 4 | | guard, or other similar employment; (2) a mail
order sale |
| 5 | | of a firearm to a nonresident of Illinois under which the |
| 6 | | firearm
is mailed to a point outside the boundaries of |
| 7 | | Illinois; (3) the sale
of a firearm to a nonresident of |
| 8 | | Illinois while at a firearm showing or display
recognized |
| 9 | | by the Illinois Department of State Police; or (4) the sale |
| 10 | | of a
firearm to a dealer licensed as a federal firearms |
| 11 | | dealer under Section 923
of the federal Gun Control Act of |
| 12 | | 1968 (18 U.S.C. 923). For purposes of this paragraph (g), |
| 13 | | "application" means when the buyer and seller reach an |
| 14 | | agreement to purchase a firearm.
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| 15 | | (h) While holding any license
as a dealer,
importer, |
| 16 | | manufacturer or pawnbroker
under the federal Gun Control |
| 17 | | Act of 1968,
manufactures, sells or delivers to any |
| 18 | | unlicensed person a handgun having
a barrel, slide, frame |
| 19 | | or receiver which is a die casting of zinc alloy or
any |
| 20 | | other nonhomogeneous metal which will melt or deform at a |
| 21 | | temperature
of less than 800 degrees Fahrenheit. For |
| 22 | | purposes of this paragraph, (1)
"firearm" is defined as in |
| 23 | | the Firearm Owners Identification Card Act; and (2)
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| 24 | | "handgun" is defined as a firearm designed to be held
and |
| 25 | | fired by the use of a single hand, and includes a |
| 26 | | combination of parts from
which such a firearm can be |
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| 1 | | assembled.
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| 2 | | (i) Sells or gives a firearm of any size to any person |
| 3 | | under 18 years of
age who does not possess a valid Firearm |
| 4 | | Owner's Identification Card.
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| 5 | | (j) Sells or gives a firearm while engaged in the |
| 6 | | business of selling
firearms at wholesale or retail without |
| 7 | | being licensed as a federal firearms
dealer under Section |
| 8 | | 923 of the federal Gun Control Act of 1968 (18 U.S.C.
923). |
| 9 | | In this paragraph (j):
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| 10 | | A person "engaged in the business" means a person who |
| 11 | | devotes time,
attention, and
labor to
engaging in the |
| 12 | | activity as a regular course of trade or business with the
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| 13 | | principal objective of livelihood and profit, but does not |
| 14 | | include a person who
makes occasional repairs of firearms |
| 15 | | or who occasionally fits special barrels,
stocks, or |
| 16 | | trigger mechanisms to firearms.
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| 17 | | "With the principal objective of livelihood and |
| 18 | | profit" means that the
intent
underlying the sale or |
| 19 | | disposition of firearms is predominantly one of
obtaining |
| 20 | | livelihood and pecuniary gain, as opposed to other intents, |
| 21 | | such as
improving or liquidating a personal firearms |
| 22 | | collection; however, proof of
profit shall not be required |
| 23 | | as to a person who engages in the regular and
repetitive |
| 24 | | purchase and disposition of firearms for criminal purposes |
| 25 | | or
terrorism.
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| 26 | | (k) Sells or transfers ownership of a firearm to a |
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| 1 | | person who does not display to the seller or transferor of |
| 2 | | the firearm a currently valid Firearm Owner's |
| 3 | | Identification Card that has previously been issued in the |
| 4 | | transferee's name by the Department of State Police under |
| 5 | | the provisions of the Firearm Owners Identification Card |
| 6 | | Act. This paragraph (k) does not apply to the transfer of a |
| 7 | | firearm to a person who is exempt from the requirement of |
| 8 | | possessing a Firearm Owner's Identification Card under |
| 9 | | Section 2 of the Firearm Owners Identification Card Act. |
| 10 | | For the purposes of this Section, a currently valid Firearm |
| 11 | | Owner's Identification Card means (i) a Firearm Owner's |
| 12 | | Identification Card that has not expired or (ii) an |
| 13 | | approval number issued in accordance with subsection |
| 14 | | (a-10) of subsection 3 or Section 3.1 of the Firearm Owners |
| 15 | | Identification Card Act shall be proof that the Firearm |
| 16 | | Owner's Identification Card was valid. |
| 17 | | (1) In addition to the other requirements of this |
| 18 | | paragraph (k), all persons who are not federally |
| 19 | | licensed firearms dealers must also have complied with |
| 20 | | subsection (a-10) of Section 3 of the Firearm Owners |
| 21 | | Identification Card Act by determining the validity of |
| 22 | | a purchaser's Firearm Owner's Identification Card. |
| 23 | | (2) All sellers or transferors who have complied |
| 24 | | with the requirements of subparagraph (1) of this |
| 25 | | paragraph (k) shall not be liable for damages in any |
| 26 | | civil action arising from the use or misuse by the |
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| 1 | | transferee of the firearm transferred, except for |
| 2 | | willful or wanton misconduct on the part of the seller |
| 3 | | or transferor. |
| 4 | | (l) Not
being entitled to the possession of a firearm, |
| 5 | | delivers the
firearm, knowing it to have been stolen or |
| 6 | | converted. It may be inferred that
a person who possesses a |
| 7 | | firearm with knowledge that its serial number has
been |
| 8 | | removed or altered has knowledge that the firearm is stolen |
| 9 | | or converted. |
| 10 | | (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 of |
| 15 | | Public Act 78-355 subject
to confiscation or seizure under the |
| 16 | | provisions of that Public Act. Nothing in
Public Act 78-355 |
| 17 | | shall be construed to prohibit the gift or trade of
any firearm |
| 18 | | if that firearm was legally held or acquired within 6 months |
| 19 | | after
the enactment of that Public Act.
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| 20 | | (C) Sentence.
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| 21 | | (1) Any person convicted of unlawful sale or delivery |
| 22 | | of firearms in violation of
paragraph (c), (e), (f), (g), |
| 23 | | or (h) of subsection (A) commits a Class
4
felony.
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| 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 (A) |
| 3 | | commits a Class 2 felony.
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| 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 property |
| 8 | | comprising
a school, at a school related activity, or on or |
| 9 | | within 1,000 feet of any
conveyance owned, leased, or |
| 10 | | contracted by a school or school district to
transport |
| 11 | | students to or from school or a school related activity,
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| 12 | | regardless of the time of day or time of year at which the |
| 13 | | offense
was committed, commits a Class 1 felony. Any person |
| 14 | | convicted of a second
or subsequent violation of unlawful |
| 15 | | sale or delivery of firearms in violation of paragraph
(a), |
| 16 | | (b), or (i) of subsection (A) in any school, on the real |
| 17 | | property
comprising a school, within 1,000 feet of the real |
| 18 | | property comprising a
school, at a school related activity, |
| 19 | | or on or within 1,000 feet of any
conveyance owned, leased, |
| 20 | | or contracted by a school or school district to
transport |
| 21 | | students to or from school or a school related activity,
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| 22 | | regardless of the time of day or time of year at which the |
| 23 | | offense
was committed, commits a Class 1 felony for which |
| 24 | | the sentence shall be a
term of imprisonment of no less |
| 25 | | than 5 years and no more than 15 years.
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| 26 | | (5) Any person convicted of unlawful sale or delivery |
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| 1 | | of firearms in violation of
paragraph (a) or (i) of |
| 2 | | subsection (A) in residential property owned,
operated, or |
| 3 | | managed by a public housing agency or leased by a public |
| 4 | | housing
agency as part of a scattered site or mixed-income |
| 5 | | development, in a public
park, in a
courthouse, on |
| 6 | | residential property owned, operated, or managed by a |
| 7 | | public
housing agency or leased by a public housing agency |
| 8 | | as part of a scattered site
or mixed-income development, on |
| 9 | | the real property comprising any public park,
on the real
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| 10 | | property comprising any courthouse, or on any public way |
| 11 | | within 1,000 feet
of the real property comprising any |
| 12 | | public park, courthouse, or residential
property owned, |
| 13 | | operated, or managed by a public housing agency or leased |
| 14 | | by a
public housing agency as part of a scattered site or |
| 15 | | mixed-income development
commits a
Class 2 felony.
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| 16 | | (6) Any person convicted of unlawful sale or delivery |
| 17 | | of firearms in violation of
paragraph (j) of subsection (A) |
| 18 | | commits a Class A misdemeanor. A second or
subsequent |
| 19 | | violation is a Class 4 felony. |
| 20 | | (7) Any person convicted of unlawful sale or delivery |
| 21 | | of firearms in violation of paragraph (k) of subsection (A) |
| 22 | | commits a Class 4 felony, except that a violation of |
| 23 | | subparagraph (1) of paragraph (k) of subsection (A) shall |
| 24 | | not be punishable as a crime or petty offense. A third or |
| 25 | | subsequent conviction for a violation of paragraph (k) of |
| 26 | | subsection (A) is a Class 1 felony.
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| 1 | | (8) A person 18 years of age or older convicted of |
| 2 | | unlawful sale or delivery of firearms in violation of |
| 3 | | paragraph (a) or (i) of subsection (A), when the firearm |
| 4 | | that was sold or given to another person under 18 years of |
| 5 | | age was used in the commission of or attempt to commit a |
| 6 | | forcible felony, shall be fined or imprisoned, or both, not |
| 7 | | to exceed the maximum provided for the most serious |
| 8 | | forcible felony so committed or attempted by the person |
| 9 | | under 18 years of age who was sold or given the firearm. |
| 10 | | (9) Any person convicted of unlawful sale or delivery |
| 11 | | of firearms in violation of
paragraph (d) of subsection (A) |
| 12 | | commits a Class 3 felony. |
| 13 | | (10) Any person convicted of unlawful sale or delivery |
| 14 | | of firearms in violation of paragraph (l) of subsection (A) |
| 15 | | commits a Class 2 felony if the delivery is of one firearm. |
| 16 | | Any person convicted of unlawful sale or delivery of |
| 17 | | firearms in violation of paragraph (l) of subsection (A) |
| 18 | | commits a Class 1 felony if the delivery is of not less |
| 19 | | than 2 and not more than 5 firearms at the
same time or |
| 20 | | within a one year period. Any person convicted of unlawful |
| 21 | | sale or delivery of firearms in violation of paragraph (l) |
| 22 | | of subsection (A) commits a Class X felony for which he or |
| 23 | | she shall be sentenced
to a term of imprisonment of not |
| 24 | | less than 6 years and not more than 30
years if the |
| 25 | | delivery is of not less than 6 and not more than 10 |
| 26 | | firearms at the
same time or within a 2 year period. Any |
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| 1 | | person convicted of unlawful sale or delivery of firearms |
| 2 | | in violation of paragraph (l) of subsection (A) commits a |
| 3 | | Class X felony for which he or she shall be sentenced
to a |
| 4 | | term of imprisonment of not less than 6 years and not more |
| 5 | | than 40
years if the delivery is of not less than 11 and |
| 6 | | not more than 20 firearms at the
same time or within a 3 |
| 7 | | year period. Any person convicted of unlawful sale or |
| 8 | | delivery of firearms in violation of paragraph (l) of |
| 9 | | subsection (A) commits a Class X felony for which he or she |
| 10 | | shall be sentenced
to a term of imprisonment of not less |
| 11 | | than 6 years and not more than 50
years if the delivery is |
| 12 | | of not less than 21 and not more than 30 firearms at the
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| 13 | | same time or within a 4 year period. Any person convicted |
| 14 | | of unlawful sale or delivery of firearms in violation of |
| 15 | | paragraph (l) of subsection (A) commits a Class X felony |
| 16 | | for which he or she shall be sentenced
to a term of |
| 17 | | imprisonment of not less than 6 years and not more than 60
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| 18 | | years if the delivery is of 31 or more firearms at the
same |
| 19 | | time or within a 5 year period. |
| 20 | | (D) For purposes of this Section:
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| 21 | | "School" means a public or private elementary or secondary |
| 22 | | school,
community college, college, or university.
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| 23 | | "School related activity" means any sporting, social, |
| 24 | | academic, or
other activity for which students' attendance or |
| 25 | | participation is sponsored,
organized, or funded in whole or in |
| 26 | | part by a school or school district.
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| 1 | | (E) A prosecution for a violation of paragraph (k) of |
| 2 | | subsection (A) of this Section may be commenced within 6 years |
| 3 | | after the commission of the offense. A prosecution for a |
| 4 | | violation of this Section other than paragraph (g) of |
| 5 | | subsection (A) of this Section may be commenced within 5 years |
| 6 | | after the commission of the offense defined in the particular |
| 7 | | paragraph.
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| 8 | | (Source: P.A. 97-227, eff. 1-1-12; 97-347, eff. 1-1-12; 97-813, |
| 9 | | eff. 7-13-12; 97-1167, eff. 6-1-13; 98-508, eff. 8-19-13.)
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