99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB1580
 
Introduced , by Rep. Jim Durkin
 
SYNOPSIS AS INTRODUCED:

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

 Amends the Criminal Code of 2012. Makes a technical change in a Section
concerning the unlawful sale or delivery of firearms.



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A BILL FOR
 


HB1580LRB099 06784 RLC 26858 b



1 AN ACT concerning criminal law.


2 Be it enacted by the People of the State of Illinois, 
3represented in the General Assembly: 


4 Section 5. The Criminal Code of 2012 is amended by changing 
5Section 24-3 as follows:



6 (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)


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

8 (A) A person commits the the offense of unlawful sale or 
9delivery of firearms when he
or she knowingly does any of the 
10following:


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.


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.


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


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.


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.


12  (f) Sells or gives any firearms to any person who is 
13 intellectually disabled.


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 for its purchase has been made, or

18 delivers any rifle, shotgun or other long gun, or a stun 
19 gun or taser, incidental to a sale,
without withholding 
20 delivery of such rifle, shotgun or other long gun, or a 
21 stun gun or taser for
at least 24 hours after application 
22 for its purchase has been made.
However,
this paragraph (g) 
23 does not apply to: (1) the sale of a firearm
to a law 
24 enforcement officer if the seller of the firearm knows that 
25 the person to whom he or she is selling the firearm is a 
26 law enforcement officer or the sale of a firearm to a 
 
 
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1 person who desires to purchase a firearm for
use in 
2 promoting the public interest incident to his or her 
3 employment as a
bank guard, armed truck guard, or other 
4 similar employment; (2) a mail
order sale of a firearm to a 
5 nonresident of Illinois under which the firearm
is mailed 
6 to a point outside the boundaries of Illinois; (3) the sale

7 of a firearm to a nonresident of Illinois while at a 
8 firearm showing or display
recognized by the Illinois 
9 Department of State Police; or (4) the sale of a
firearm to 
10 a dealer licensed as a federal firearms dealer under 
11 Section 923
of the federal Gun Control Act of 1968 (18 
12 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.



15  (h) While holding any license
as a dealer,
importer, 
16 manufacturer or pawnbroker
under the federal Gun Control 
17 Act of 1968,
manufactures, sells or delivers to any 
18 unlicensed person a handgun having
a barrel, slide, frame 
19 or receiver which is a die casting of zinc alloy or
any 
20 other nonhomogeneous metal which will melt or deform at a 
21 temperature
of less than 800 degrees Fahrenheit. For 
22 purposes of this paragraph, (1)
"firearm" is defined as in 
23 the Firearm Owners Identification Card Act; and (2)

24 "handgun" is defined as a firearm designed to be held
and 
25 fired by the use of a single hand, and includes a 
26 combination of parts from
which such a firearm can be 
 
 
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1 assembled.


2  (i) Sells or gives a firearm of any size to any person 
3 under 18 years of
age who does not possess a valid Firearm 
4 Owner's Identification Card.


5  (j) Sells or gives a firearm while engaged in the 
6 business of selling
firearms at wholesale or retail without 
7 being licensed as a federal firearms
dealer under Section 
8 923 of the federal Gun Control Act of 1968 (18 U.S.C.
923). 
9 In this paragraph (j):


10  A person "engaged in the business" means a person who 
11 devotes time,
attention, and
labor to
engaging in the 
12 activity as a regular course of trade or business with the

13 principal objective of livelihood and profit, but does not 
14 include a person who
makes occasional repairs of firearms 
15 or who occasionally fits special barrels,
stocks, or 
16 trigger mechanisms to firearms.


17  "With the principal objective of livelihood and 
18 profit" means that the
intent
underlying the sale or 
19 disposition of firearms is predominantly one of
obtaining 
20 livelihood and pecuniary gain, as opposed to other intents, 
21 such as
improving or liquidating a personal firearms 
22 collection; however, proof of
profit shall not be required 
23 as to a person who engages in the regular and
repetitive 
24 purchase and disposition of firearms for criminal purposes 
25 or
terrorism.

26  (k) Sells or transfers ownership of a firearm to a 
 
 
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1 person who does not display to the seller or transferor of 
2 the firearm 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 
11firearms sold within 6
months after enactment of Public
Act 
1278-355 (approved August 21, 1973, effective October 1, 1973), 
13nor is any
firearm legally owned or
possessed by any citizen or 
14purchased by any citizen within 6 months after the
enactment of 
15Public Act 78-355 subject
to confiscation or seizure under the 
16provisions of that Public Act. Nothing in
Public Act 78-355 
17shall be construed to prohibit the gift or trade of
any firearm 
18if that firearm was legally held or acquired within 6 months 
19after
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) 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 (A) 
3 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 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,

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,

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.


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

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.


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

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

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:

21 "School" means a public or private elementary or secondary 
22school,
community college, college, or university.

23 "School related activity" means any sporting, social, 
24academic, or
other activity for which students' attendance or 
25participation is sponsored,
organized, or funded in whole or in 
26part by a school or school district.

 
 
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1 (E) A prosecution for a violation of paragraph (k) of 
2subsection (A) of this Section may be commenced within 6 years 
3after the commission of the offense. A prosecution for a 
4violation of this Section other than paragraph (g) of 
5subsection (A) of this Section may be commenced within 5 years 
6after the commission of the offense defined in the particular 
7paragraph.

8(Source: P.A. 97-227, eff. 1-1-12; 97-347, eff. 1-1-12; 97-813, 
9eff. 7-13-12; 97-1167, eff. 6-1-13; 98-508, eff. 8-19-13.)