100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4143
 
Introduced , by Rep. Natalie Phelps Finnie
 
SYNOPSIS AS INTRODUCED:






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

 Amends the Criminal Code of 2012. Provides that the 72 hour waiting period before delivery of a concealable firearm after application for its purchase has been made does not apply to a person who has been issued a valid license to carry a concealed handgun under the Firearm Concealed Carry Act. Effective immediately.



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A BILL FOR
 


HB4143LRB100 15159 SLF 30018 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 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); (4.1) the sale of a firearm to a person 
14 who has been issued a valid license to carry a concealed 
15 handgun under the Firearm Concealed Carry Act; or (5) the 
16 transfer or sale of any rifle, shotgun, or other long gun 
17 to a resident registered competitor or attendee or 
18 non-resident registered competitor or attendee by any 
19 dealer licensed as a federal firearms dealer under Section 
20 923 of the federal Gun Control Act of 1968 at competitive 
21 shooting events held at the World Shooting Complex 
22 sanctioned by a national governing body. For purposes of 
23 transfers or sales under subparagraph (5) of this paragraph 
24 (g), the Department of Natural Resources shall give notice 
25 to the Department of State Police at least 30 calendar days 
26 prior to any competitive shooting events at the World 
 
 
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1 Shooting Complex sanctioned by a national governing body. 
2 The notification shall be made on a form prescribed by the 
3 Department of State Police. The sanctioning body shall 
4 provide a list of all registered competitors and attendees 
5 at least 24 hours before the events to the Department of 
6 State Police. Any changes to the list of registered 
7 competitors and attendees shall be forwarded to the 
8 Department of State Police as soon as practicable. The 
9 Department of State Police must destroy the list of 
10 registered competitors and attendees no later than 30 days 
11 after the date of the event. Nothing in this paragraph (g) 
12 relieves a federally licensed firearm dealer from the 
13 requirements of conducting a NICS background check through 
14 the Illinois Point of Contact under 18 U.S.C. 922(t). For 
15 purposes of this paragraph (g), "application" means when 
16 the buyer and seller reach an agreement to purchase a 
17 firearm.
For purposes of this paragraph (g), "national 
18 governing body" means a group of persons who adopt rules 
19 and formulate policy on behalf of a national firearm 
20 sporting organization. 

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

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

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

11  (j) Sells or gives a firearm while engaged in the 
12 business of selling
firearms at wholesale or retail without 
13 being licensed as a federal firearms
dealer under Section 
14 923 of the federal Gun Control Act of 1968 (18 U.S.C.
923). 
15 In this paragraph (j):

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

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

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

6  (k) Sells or transfers ownership of a firearm to a 
7 person who does not display to the seller or transferor of 
8 the firearm either: (1) a currently valid Firearm Owner's 
9 Identification Card that has previously been issued in the 
10 transferee's name by the Department of State Police under 
11 the provisions of the Firearm Owners Identification Card 
12 Act; or (2) a currently valid license to carry a concealed 
13 firearm that has previously been issued in the transferee's 
14 name by the
Department of State Police under the Firearm 
15 Concealed Carry Act. This paragraph (k) does not apply to 
16 the transfer of a firearm to a person who is exempt from 
17 the requirement of possessing a Firearm Owner's 
18 Identification Card under Section 2 of the Firearm Owners 
19 Identification Card Act. For the purposes of this Section, 
20 a currently valid Firearm Owner's Identification Card 
21 means (i) a Firearm Owner's Identification Card that has 
22 not expired or (ii) an approval number issued in accordance 
23 with subsection (a-10) of subsection 3 or Section 3.1 of 
24 the Firearm Owners Identification Card Act shall be proof 
25 that the Firearm Owner's Identification Card was valid.
26   (1) In addition to the other requirements of this 
 
 
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1 paragraph (k), all persons who are not federally 
2 licensed firearms dealers must also have complied with 
3 subsection (a-10) of Section 3 of the Firearm Owners 
4 Identification Card Act by determining the validity of 
5 a purchaser's Firearm Owner's Identification Card.
6   (2) All sellers or transferors who have complied 
7 with the requirements of subparagraph (1) of this 
8 paragraph (k) shall not be liable for damages in any 
9 civil action arising from the use or misuse by the 
10 transferee of the firearm transferred, except for 
11 willful or wanton misconduct on the part of the seller 
12 or transferor. 
13  (l) Not
being entitled to the possession of a firearm, 
14 delivers the
firearm, knowing it to have been stolen or 
15 converted. It may be inferred that
a person who possesses a 
16 firearm with knowledge that its serial number has
been 
17 removed or altered has knowledge that the firearm is stolen 
18 or converted. 
19 (B) Paragraph (h) of subsection (A) does not include 
20firearms sold within 6
months after enactment of Public
Act 
2178-355 (approved August 21, 1973, effective October 1, 1973), 
22nor is any
firearm legally owned or
possessed by any citizen or 
23purchased by any citizen within 6 months after the
enactment of 
24Public Act 78-355 subject
to confiscation or seizure under the 
25provisions of that Public Act. Nothing in
Public Act 78-355 
26shall be construed to prohibit the gift or trade of
any firearm 
 
 
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1if that firearm was legally held or acquired within 6 months 
2after
the enactment of that Public Act.

3 (C) Sentence.

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

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

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

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

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

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

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

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

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


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

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

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

4 "School" means a public or private elementary or secondary 
5school,
community college, college, or university.

6 "School related activity" means any sporting, social, 
7academic, or
other activity for which students' attendance or 
8participation is sponsored,
organized, or funded in whole or in 
9part by a school or school district.

10 (E) A prosecution for a violation of paragraph (k) of 
11subsection (A) of this Section may be commenced within 6 years 
12after the commission of the offense. A prosecution for a 
13violation of this Section other than paragraph (g) of 
14subsection (A) of this Section may be commenced within 5 years 
15after the commission of the offense defined in the particular 
16paragraph.

17(Source: P.A. 98-508, eff. 8-19-13; 99-29, eff. 7-10-15; 
1899-143, eff. 7-27-15; 99-642, eff. 7-28-16.)



19 Section 99. Effective date. This Act takes effect upon 
20becoming law.