99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB3880
 
Introduced , by Rep. Donald L. Moffitt
 
SYNOPSIS AS INTRODUCED:






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

 Amends the Criminal Code of 2012. Provides that the waiting period before which a firearm may be delivered after application for its purchase has been made does not apply to the sale or transfer of a firearm through a raffle under the provisions of the Raffles and Poker Runs Act. Effective immediately.



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A BILL FOR
 


HB3880LRB099 10380 RLC 30607 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 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); or (5) the sale or transfer of a firearm 
13 through a raffle under the provisions of the Raffles and 
14 Poker Runs Act. For purposes of this paragraph (g), 
15 "application" means when the buyer and seller reach an 
16 agreement to purchase a firearm.



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

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


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


7  (j) Sells or gives a firearm while engaged in the 
8 business of selling
firearms at wholesale or retail without 
9 being licensed as a federal firearms
dealer under Section 
10 923 of the federal Gun Control Act of 1968 (18 U.S.C.
923). 
11 In this paragraph (j):


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

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


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

2  (k) Sells or transfers ownership of a firearm to a 
3 person who does not display to the seller or transferor of 
4 the firearm a currently valid Firearm Owner's 
5 Identification Card that has previously been issued in the 
6 transferee's name by the Department of State Police under 
7 the provisions of the Firearm Owners Identification Card 
8 Act. This paragraph (k) does not apply to the transfer of a 
9 firearm to a person who is exempt from the requirement of 
10 possessing a Firearm Owner's Identification Card under 
11 Section 2 of the Firearm Owners Identification Card Act. 
12 For the purposes of this Section, a currently valid Firearm 
13 Owner's Identification Card means (i) a Firearm Owner's 
14 Identification Card that has not expired or (ii) an 
15 approval number issued in accordance with subsection 
16 (a-10) of subsection 3 or Section 3.1 of the Firearm Owners 
17 Identification Card Act shall be proof that the Firearm 
18 Owner's Identification Card was valid.
19   (1) In addition to the other requirements of this 
20 paragraph (k), all persons who are not federally 
21 licensed firearms dealers must also have complied with 
22 subsection (a-10) of Section 3 of the Firearm Owners 
23 Identification Card Act by determining the validity of 
24 a purchaser's Firearm Owner's Identification Card.
25   (2) All sellers or transferors who have complied 
26 with the requirements of subparagraph (1) of this 
 
 
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1 paragraph (k) shall not be liable for damages in any 
2 civil action arising from the use or misuse by the 
3 transferee of the firearm transferred, except for 
4 willful or wanton misconduct on the part of the seller 
5 or transferor. 
6  (l) Not
being entitled to the possession of a firearm, 
7 delivers the
firearm, knowing it to have been stolen or 
8 converted. It may be inferred that
a person who possesses a 
9 firearm with knowledge that its serial number has
been 
10 removed or altered has knowledge that the firearm is stolen 
11 or converted. 
12 (B) Paragraph (h) of subsection (A) does not include 
13firearms sold within 6
months after enactment of Public
Act 
1478-355 (approved August 21, 1973, effective October 1, 1973), 
15nor is any
firearm legally owned or
possessed by any citizen or 
16purchased by any citizen within 6 months after the
enactment of 
17Public Act 78-355 subject
to confiscation or seizure under the 
18provisions of that Public Act. Nothing in
Public Act 78-355 
19shall be construed to prohibit the gift or trade of
any firearm 
20if that firearm was legally held or acquired within 6 months 
21after
the enactment of that Public Act.

22 (C) Sentence.


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


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


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


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

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

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


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

12 property comprising any courthouse, or on any public way 
13 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.


18  (6) Any person convicted of unlawful sale or delivery 
19 of firearms in violation of
paragraph (j) of subsection (A) 
20 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 (A) 
24 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.


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, not 
9 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 (A) 
14 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 (A) 
17 commits a Class 2 felony if the delivery is of one firearm. 
18 Any person convicted of unlawful sale or delivery of 
19 firearms in violation of paragraph (l) of subsection (A) 
20 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 3 
9 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

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

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:

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

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

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

10(Source: P.A. 97-227, eff. 1-1-12; 97-347, eff. 1-1-12; 97-813, 
11eff. 7-13-12; 97-1167, eff. 6-1-13; 98-508, eff. 8-19-13.)



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