99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB4871
 
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 of firearms.



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A BILL FOR
 


HB4871LRB099 18061 RLC 42425 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 a 
13 person with an intellectual disability.

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 from 
5 a federally licensed firearms dealer to a nonresident of 
6 Illinois under which the firearm
is mailed to a federally 
7 licensed firearms dealer outside the boundaries of 
8 Illinois; (3) the sale
of a firearm to a nonresident of 
9 Illinois while at a firearm showing or display
recognized 
10 by the Illinois Department of State Police; (4) the sale of 
11 a
firearm to a dealer licensed as a federal firearms dealer 
12 under Section 923
of the federal Gun Control Act of 1968 
13 (18 U.S.C. 923); or (5) the transfer or sale of any rifle, 
14 shotgun, or other long gun to a resident registered 
15 competitor or attendee or non-resident registered 
16 competitor or attendee by any dealer licensed as a federal 
17 firearms dealer under Section 923 of the federal Gun 
18 Control Act of 1968 at competitive shooting events held at 
19 the World Shooting Complex sanctioned by a national 
20 governing body. For purposes of transfers or sales under 
21 subparagraph (5) of this paragraph (g), the Department of 
22 Natural Resources shall give notice to the Department of 
23 State Police at least 30 calendar days prior to any 
24 competitive shooting events at the World Shooting Complex 
25 sanctioned by a national governing body. The notification 
26 shall be made on a form prescribed by the Department of 
 
 
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1 State Police. The sanctioning body shall provide a list of 
2 all registered competitors and attendees at least 24 hours 
3 before the events to the Department of State Police. Any 
4 changes to the list of registered competitors and attendees 
5 shall be forwarded to the Department of State Police as 
6 soon as practicable. The Department of State Police must 
7 destroy the list of registered competitors and attendees no 
8 later than 30 days after the date of the event. Nothing in 
9 this paragraph (g) relieves a federally licensed firearm 
10 dealer from the requirements of conducting a NICS 
11 background check through the Illinois Point of Contact 
12 under 18 U.S.C. 922(t). For purposes of this paragraph (g), 
13 "application" means when the buyer and seller reach an 
14 agreement to purchase a firearm.
For purposes of this 
15 paragraph (g), "national governing body" means a group of 
16 persons who adopt rules and formulate policy on behalf of a 
17 national firearm sporting organization. 

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

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

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

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

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

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

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

3  (k) Sells or transfers ownership of a firearm to a 
4 person who does not display to the seller or transferor of 
5 the firearm either: (1) a currently valid Firearm Owner's 
6 Identification Card that has previously been issued in the 
7 transferee's name by the Department of State Police under 
8 the provisions of the Firearm Owners Identification Card 
9 Act; or (2) a currently valid license to carry a concealed 
10 firearm that has previously been issued in the transferee's 
11 name by the
Department of State Police under the Firearm 
12 Concealed Carry Act. This paragraph (k) does not apply to 
13 the transfer of a firearm to a person who is exempt from 
14 the requirement of possessing a Firearm Owner's 
15 Identification Card under Section 2 of the Firearm Owners 
16 Identification Card Act. For the purposes of this Section, 
17 a currently valid Firearm Owner's Identification Card 
18 means (i) a Firearm Owner's Identification Card that has 
19 not expired or (ii) an approval number issued in accordance 
20 with subsection (a-10) of subsection 3 or Section 3.1 of 
21 the Firearm Owners Identification Card Act shall be proof 
22 that the Firearm Owner's Identification Card was valid.
23   (1) In addition to the other requirements of this 
24 paragraph (k), all persons who are not federally 
25 licensed firearms dealers must also have complied with 
26 subsection (a-10) of Section 3 of the Firearm Owners 
 
 
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1 Identification Card Act by determining the validity of 
2 a purchaser's Firearm Owner's Identification Card.
3   (2) All sellers or transferors who have complied 
4 with the requirements of subparagraph (1) of this 
5 paragraph (k) shall not be liable for damages in any 
6 civil action arising from the use or misuse by the 
7 transferee of the firearm transferred, except for 
8 willful or wanton misconduct on the part of the seller 
9 or transferor. 
10  (l) Not
being entitled to the possession of a firearm, 
11 delivers the
firearm, knowing it to have been stolen or 
12 converted. It may be inferred that
a person who possesses a 
13 firearm with knowledge that its serial number has
been 
14 removed or altered has knowledge that the firearm is stolen 
15 or converted. 
16 (B) Paragraph (h) of subsection (A) does not include 
17firearms sold within 6
months after enactment of Public
Act 
1878-355 (approved August 21, 1973, effective October 1, 1973), 
19nor is any
firearm legally owned or
possessed by any citizen or 
20purchased by any citizen within 6 months after the
enactment of 
21Public Act 78-355 subject
to confiscation or seizure under the 
22provisions of that Public Act. Nothing in
Public Act 78-355 
23shall be construed to prohibit the gift or trade of
any firearm 
24if that firearm was legally held or acquired within 6 months 
25after
the enactment of that Public Act.

26 (C) Sentence.

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

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

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

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

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

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

6  (5) Any person convicted of unlawful sale or delivery 
7 of firearms in violation of
paragraph (a) or (i) of 
8 subsection (A) in residential property owned,
operated, or 
9 managed by a public housing agency or leased by a public 
10 housing
agency as part of a scattered site or mixed-income 
11 development, in a public
park, in a
courthouse, on 
12 residential property owned, operated, or managed by a 
13 public
housing agency or leased by a public housing agency 
14 as part of a scattered site
or mixed-income development, on 
15 the real property comprising any public park,
on the real

16 property comprising any courthouse, or on any public way 
17 within 1,000 feet
of the real property comprising any 
18 public park, courthouse, or residential
property owned, 
19 operated, or managed by a public housing agency or leased 
20 by a
public housing agency as part of a scattered site or 
21 mixed-income development
commits a
Class 2 felony.

22  (6) Any person convicted of unlawful sale or delivery 
23 of firearms in violation of
paragraph (j) of subsection (A) 
24 commits a Class A misdemeanor. A second or
subsequent 
25 violation is a Class 4 felony.
26  (7) Any person convicted of unlawful sale or delivery 
 
 
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1 of firearms in violation of paragraph (k) of subsection (A) 
2 commits a Class 4 felony, except that a violation of 
3 subparagraph (1) of paragraph (k) of subsection (A) shall 
4 not be punishable as a crime or petty offense. A third or 
5 subsequent conviction for a violation of paragraph (k) of 
6 subsection (A) is a Class 1 felony.


7  (8) A person 18 years of age or older convicted of 
8 unlawful sale or delivery of firearms in violation of 
9 paragraph (a) or (i) of subsection (A), when the firearm 
10 that was sold or given to another person under 18 years of 
11 age was used in the commission of or attempt to commit a 
12 forcible felony, shall be fined or imprisoned, or both, not 
13 to exceed the maximum provided for the most serious 
14 forcible felony so committed or attempted by the person 
15 under 18 years of age who was sold or given the firearm. 
16  (9) Any person convicted of unlawful sale or delivery 
17 of firearms in violation of
paragraph (d) of subsection (A) 
18 commits a Class 3 felony.
19  (10) Any person convicted of unlawful sale or delivery 
20 of firearms in violation of paragraph (l) of subsection (A) 
21 commits a Class 2 felony if the delivery is of one firearm. 
22 Any person convicted of unlawful sale or delivery of 
23 firearms in violation of paragraph (l) of subsection (A) 
24 commits a Class 1 felony if the delivery is of not less 
25 than 2 and not more than 5 firearms at the
same time or 
26 within a one year period. Any person convicted of unlawful 
 
 
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1 sale or delivery of firearms in violation of paragraph (l) 
2 of subsection (A) commits a Class X felony for which he or 
3 she shall be sentenced
to a term of imprisonment of not 
4 less than 6 years and not more than 30
years if the 
5 delivery is of not less than 6 and not more than 10 
6 firearms at the
same time or within a 2 year period. Any 
7 person convicted of unlawful sale or delivery of firearms 
8 in violation of paragraph (l) of subsection (A) commits a 
9 Class X felony for which he or she shall be sentenced
to a 
10 term of imprisonment of not less than 6 years and not more 
11 than 40
years if the delivery is of not less than 11 and 
12 not more than 20 firearms at the
same time or within a 3 
13 year period. Any person convicted of unlawful sale or 
14 delivery of firearms in violation of paragraph (l) of 
15 subsection (A) commits a Class X felony for which he or she 
16 shall be sentenced
to a term of imprisonment of not less 
17 than 6 years and not more than 50
years if the delivery is 
18 of not less than 21 and not more than 30 firearms at the

19 same time or within a 4 year period. Any person convicted 
20 of unlawful sale or delivery of firearms in violation of 
21 paragraph (l) of subsection (A) commits a Class X felony 
22 for which he or she shall be sentenced
to a term of 
23 imprisonment of not less than 6 years and not more than 60

24 years if the delivery is of 31 or more firearms at the
same 
25 time or within a 5 year period. 
26 (D) For purposes of this Section:

 
 
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1 "School" means a public or private elementary or secondary 
2school,
community college, college, or university.

3 "School related activity" means any sporting, social, 
4academic, or
other activity for which students' attendance or 
5participation is sponsored,
organized, or funded in whole or in 
6part by a school or school district.

7 (E) A prosecution for a violation of paragraph (k) of 
8subsection (A) of this Section may be commenced within 6 years 
9after the commission of the offense. A prosecution for a 
10violation of this Section other than paragraph (g) of 
11subsection (A) of this Section may be commenced within 5 years 
12after the commission of the offense defined in the particular 
13paragraph.

14(Source: P.A. 98-508, eff. 8-19-13; 99-29, eff. 7-10-15; 
1599-143, eff. 7-27-15; revised 10-16-15.)