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1 AN ACT concerning regulation.


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



4 Section 5. The Firearm Owners Identification Card Act is 
5amended by changing Section 9.5 and by adding Section 9.7 as 
6follows:

7 (430 ILCS 65/9.5)
8 Sec. 9.5. Revocation of Firearm Owner's Identification

9Card.
10 (a) A person who receives a revocation notice under Section 
119 of this Act shall, within 48 hours of receiving notice of the 
12revocation:
13  (1) surrender his or her Firearm Owner's 
14 Identification Card to the local law enforcement agency 
15 where the person resides. The local law enforcement agency 
16 shall provide the person a receipt and transmit the Firearm 
17 Owner's Identification Card to the Department of State 
18 Police; and
19  (2) complete a Firearm Disposition Record on a form 
20 prescribed by the Department of State Police and place his 
21 or her firearms in the location or with the person reported 
22 in the Firearm Disposition Record. The form shall require 
23 the person to disclose:
 
 
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1   (A) the make, model, and serial number of each 
2 firearm owned by or under the custody and control of 
3 the revoked person;
4   (B) the location where each firearm will be 
5 maintained during the prohibited term; and
6   (C) if any firearm will be transferred to the 
7 custody of another person, the name, address and 
8 Firearm Owner's Identification Card number of the 
9 transferee.
10 (b) The local law enforcement agency shall provide a copy 
11of the Firearm Disposition Record to the person whose Firearm 
12Owner's Identification Card has been revoked and to the 
13Department of State Police. In addition, notice shall be given 
14to the local State's Attorney where both the transferor and 
15transferee live, via a copy of the Firearm Disposition Record. 
16 (c) If the person whose Firearm Owner's Identification Card 
17has been revoked fails to comply with the requirements of this 
18Section, the sheriff or law enforcement agency where the person 
19resides may petition the circuit court to issue a warrant to 
20search for and seize the Firearm Owner's Identification Card 
21and firearms in the possession or under the custody or control 
22of the person whose Firearm Owner's Identification Card has 
23been revoked.
24 (d) A violation of subsection (a) of this Section is a 
25Class A misdemeanor.
26 (e) The observation of a Firearm Owner's Identification 
 
 
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1Card in the possession of a person whose Firearm Owner's 
2Identification Card has been revoked constitutes a sufficient 
3basis for the arrest of that person for violation of this 
4Section.
5 (f) Within 30 days after the effective date of this 
6amendatory Act of the 98th General Assembly, the Department of 
7State Police shall provide written notice of the requirements 
8of this Section to persons whose Firearm Owner's Identification 
9Cards have been revoked, suspended, or expired and who have 
10failed to surrender their cards to the Department.
11 (g) A person whose Firearm Owner's Identification Card has 
12been revoked and who received notice under subsection (f) shall 
13comply with the requirements of this Section within 48 hours of 
14receiving notice. 

15(Source: P.A. 98-63, eff. 7-9-13.)

16 (430 ILCS 65/9.7 new)
17 Sec. 9.7. Firearm disposition. 
18 (a) The recipient of any firearm transferred by way of a 
19Firearm Disposition Record form shall file with the Department 
20of State Police, a sworn affidavit, attesting that the person: 
21  (1) is aware of, and will abide by the current law 
22 regarding the unlawful transfer of a firearm;
23   (2) is aware of the penalties for violating the law as 
24 it pertains to unlawful transfer of a firearm; 
25  (3) intends to retain possession of the firearm until 
 
 
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1 it is determined that the transferor is capable of 
2 possessing the firearm, or until a new person is chosen to 
3 hold the firearm; and 
4  (4) inform the Department and the State's Attorney in 
5 the county in which he or she resides of any address or 
6 name change that occurs while the person possesses the 
7 firearm; however, the person shall be relieved of these 
8 duties once he or she has legally destroyed the firearm or 
9 lawfully transferred the firearm. Proof of legal 
10 destruction or lawful transfer shall be filed with the 
11 Department of State Police and notice given to the State's 
12 Attorney in the county in which he or she resides by 
13 written proof of the destruction or transfer of the 
14 firearm.
15 (b) The person shall provide notice to the State's Attorney 
16in the county in which he or she resides via copy of the sworn 
17affidavit, to demonstrate that the affidavit has been filed 
18with the Department. 


19 Section 10. The Criminal Code of 2012 is amended by 
20changing Section 24-3 as follows:



21 (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)


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

23 (A) A person commits the offense of unlawful sale or 
24delivery of firearms when he
or she knowingly does any of the 
 
 
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1following:

2  (a) Sells or gives any firearm of a size which may be 
3 concealed upon the
person to any person under 18 years of 
4 age.

5  (b) Sells or gives any firearm to a person under 21 
6 years of age who has
been convicted of a misdemeanor other 
7 than a traffic offense or adjudged
delinquent.

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

9  (d) Sells or gives any firearm to any person who has 
10 been convicted of a
felony under the laws of this or any 
11 other jurisdiction.

12  (e) Sells or gives any firearm to any person who has 
13 been a patient in a
mental institution within the past 5 
14 years. In this subsection (e):
15   "Mental institution" means any hospital, 
16 institution, clinic, evaluation facility, mental 
17 health center, or part thereof, which is used primarily 
18 for the care or treatment of persons with mental 
19 illness. 
20   "Patient in a mental institution" means the person 
21 was admitted, either voluntarily or involuntarily, to 
22 a mental institution for mental health treatment, 
23 unless the treatment was voluntary and solely for an 
24 alcohol abuse disorder and no other secondary 
25 substance abuse disorder or mental illness.

26  (f) Sells or gives any firearms to any person who is a 
 
 
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1 person with an intellectual disability.

2  (g) Delivers any firearm of a size which may be 
3 concealed upon the
person, incidental to a sale, without 
4 withholding delivery of such firearm
for at least 72 hours 
5 after application for its purchase has been made, or

6 delivers any rifle, shotgun or other long gun, or a stun 
7 gun or taser, incidental to a sale,
without withholding 
8 delivery of such rifle, shotgun or other long gun, or a 
9 stun gun or taser for
at least 24 hours after application 
10 for its purchase has been made.
However,
this paragraph (g) 
11 does not apply to: (1) the sale of a firearm
to a law 
12 enforcement officer if the seller of the firearm knows that 
13 the person to whom he or she is selling the firearm is a 
14 law enforcement officer or the sale of a firearm to a 
15 person who desires to purchase a firearm for
use in 
16 promoting the public interest incident to his or her 
17 employment as a
bank guard, armed truck guard, or other 
18 similar employment; (2) a mail
order sale of a firearm from 
19 a federally licensed firearms dealer to a nonresident of 
20 Illinois under which the firearm
is mailed to a federally 
21 licensed firearms dealer outside the boundaries of 
22 Illinois; (3) the sale
of a firearm to a nonresident of 
23 Illinois while at a firearm showing or display
recognized 
24 by the Illinois Department of State Police; (4) the sale of 
25 a
firearm to a dealer licensed as a federal firearms dealer 
26 under Section 923
of the federal Gun Control Act of 1968 
 
 
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1 (18 U.S.C. 923); or (5) the transfer or sale of any rifle, 
2 shotgun, or other long gun to a resident registered 
3 competitor or attendee or non-resident registered 
4 competitor or attendee by any dealer licensed as a federal 
5 firearms dealer under Section 923 of the federal Gun 
6 Control Act of 1968 at competitive shooting events held at 
7 the World Shooting Complex sanctioned by a national 
8 governing body. For purposes of transfers or sales under 
9 subparagraph (5) of this paragraph (g), the Department of 
10 Natural Resources shall give notice to the Department of 
11 State Police at least 30 calendar days prior to any 
12 competitive shooting events at the World Shooting Complex 
13 sanctioned by a national governing body. The notification 
14 shall be made on a form prescribed by the Department of 
15 State Police. The sanctioning body shall provide a list of 
16 all registered competitors and attendees at least 24 hours 
17 before the events to the Department of State Police. Any 
18 changes to the list of registered competitors and attendees 
19 shall be forwarded to the Department of State Police as 
20 soon as practicable. The Department of State Police must 
21 destroy the list of registered competitors and attendees no 
22 later than 30 days after the date of the event. Nothing in 
23 this paragraph (g) relieves a federally licensed firearm 
24 dealer from the requirements of conducting a NICS 
25 background check through the Illinois Point of Contact 
26 under 18 U.S.C. 922(t). For purposes of this paragraph (g), 
 
 
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1 "application" means when the buyer and seller reach an 
2 agreement to purchase a firearm.
For purposes of this 
3 paragraph (g), "national governing body" means a group of 
4 persons who adopt rules and formulate policy on behalf of a 
5 national firearm sporting organization. 

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

15 "handgun" is defined as a firearm designed to be held
and 
16 fired by the use of a single hand, and includes a 
17 combination of parts from
which such a firearm can be 
18 assembled.

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

22  (j) Sells or gives a firearm while engaged in the 
23 business of selling
firearms at wholesale or retail without 
24 being licensed as a federal firearms
dealer under Section 
25 923 of the federal Gun Control Act of 1968 (18 U.S.C.
923). 
26 In this paragraph (j):

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

4 principal objective of livelihood and profit, but does not 
5 include a person who
makes occasional repairs of firearms 
6 or who occasionally fits special barrels,
stocks, or 
7 trigger mechanisms to firearms.

8  "With the principal objective of livelihood and 
9 profit" means that the
intent
underlying the sale or 
10 disposition of firearms is predominantly one of
obtaining 
11 livelihood and pecuniary gain, as opposed to other intents, 
12 such as
improving or liquidating a personal firearms 
13 collection; however, proof of
profit shall not be required 
14 as to a person who engages in the regular and
repetitive 
15 purchase and disposition of firearms for criminal purposes 
16 or
terrorism.

17  (k) Sells or transfers ownership of a firearm to a 
18 person who does not display to the seller or transferor of 
19 the firearm either: (1) a currently valid Firearm Owner's 
20 Identification Card that has previously been issued in the 
21 transferee's name by the Department of State Police under 
22 the provisions of the Firearm Owners Identification Card 
23 Act; or (2) a currently valid license to carry a concealed 
24 firearm that has previously been issued in the transferee's 
25 name by the
Department of State Police under the Firearm 
26 Concealed Carry Act. This paragraph (k) does not apply to 
 
 
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1 the transfer of a firearm to a person who is exempt from 
2 the requirement of possessing a Firearm Owner's 
3 Identification Card under Section 2 of the Firearm Owners 
4 Identification Card Act. For the purposes of this Section, 
5 a currently valid Firearm Owner's Identification Card 
6 means (i) a Firearm Owner's Identification Card that has 
7 not expired or (ii) an approval number issued in accordance 
8 with subsection (a-10) of subsection 3 or Section 3.1 of 
9 the Firearm Owners Identification Card Act shall be proof 
10 that the Firearm Owner's Identification Card was valid.
11   (1) In addition to the other requirements of this 
12 paragraph (k), all persons who are not federally 
13 licensed firearms dealers must also have complied with 
14 subsection (a-10) of Section 3 of the Firearm Owners 
15 Identification Card Act by determining the validity of 
16 a purchaser's Firearm Owner's Identification Card.
17   (2) All sellers or transferors who have complied 
18 with the requirements of subparagraph (1) of this 
19 paragraph (k) shall not be liable for damages in any 
20 civil action arising from the use or misuse by the 
21 transferee of the firearm transferred, except for 
22 willful or wanton misconduct on the part of the seller 
23 or transferor. 
24  (l) Not
being entitled to the possession of a firearm, 
25 delivers the
firearm, knowing it to have been stolen or 
26 converted. It may be inferred that
a person who possesses a 
 
 
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1 firearm with knowledge that its serial number has
been 
2 removed or altered has knowledge that the firearm is stolen 
3 or converted. 
4 (B) Paragraph (h) of subsection (A) does not include 
5firearms sold within 6
months after enactment of Public
Act 
678-355 (approved August 21, 1973, effective October 1, 1973), 
7nor is any
firearm legally owned or
possessed by any citizen or 
8purchased by any citizen within 6 months after the
enactment of 
9Public Act 78-355 subject
to confiscation or seizure under the 
10provisions of that Public Act. Nothing in
Public Act 78-355 
11shall be construed to prohibit the gift or trade of
any firearm 
12if that firearm was legally held or acquired within 6 months 
13after
the enactment of that Public Act.

14 (C) Sentence.

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

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

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

24  (4) Any person convicted of unlawful sale or delivery 
25 of firearms in violation of
paragraph (a), (b), or (i) of 
26 subsection (A) in any school, on the real
property 
 
 
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1 comprising a school, within 1,000 feet of the real property 
2 comprising
a school, at a school related activity, or on or 
3 within 1,000 feet of any
conveyance owned, leased, or 
4 contracted by a school or school district to
transport 
5 students to or from school or a school related activity,

6 regardless of the time of day or time of year at which the 
7 offense
was committed, commits a Class 1 felony. Any person 
8 convicted of a second
or subsequent violation of unlawful 
9 sale or delivery of firearms in violation of paragraph
(a), 
10 (b), or (i) of subsection (A) in any school, on the real 
11 property
comprising a school, within 1,000 feet of the real 
12 property comprising a
school, at a school related activity, 
13 or on or within 1,000 feet of any
conveyance owned, leased, 
14 or contracted by a school or school district to
transport 
15 students to or from school or a school related activity,

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

20  (5) Any person convicted of unlawful sale or delivery 
21 of firearms in violation of
paragraph (a) or (i) of 
22 subsection (A) in residential property owned,
operated, or 
23 managed by a public housing agency or leased by a public 
24 housing
agency as part of a scattered site or mixed-income 
25 development, in a public
park, in a
courthouse, on 
26 residential property owned, operated, or managed by a 
 
 
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1 public
housing agency or leased by a public housing agency 
2 as part of a scattered site
or mixed-income development, on 
3 the real property comprising any public park,
on the real

4 property comprising any courthouse, or on any public way 
5 within 1,000 feet
of the real property comprising any 
6 public park, courthouse, or residential
property owned, 
7 operated, or managed by a public housing agency or leased 
8 by a
public housing agency as part of a scattered site or 
9 mixed-income development
commits a
Class 2 felony.

10  (6) Any person convicted of unlawful sale or delivery 
11 of firearms in violation of
paragraph (j) of subsection (A) 
12 commits a Class A misdemeanor. A second or
subsequent 
13 violation is a Class 4 felony.
14  (7) Any person convicted of unlawful sale or delivery 
15 of firearms in violation of paragraph (k) of subsection (A) 
16 commits a Class 4 felony, except that a violation of 
17 subparagraph (1) of paragraph (k) of subsection (A) shall 
18 not be punishable as a crime or petty offense. A third or 
19 subsequent conviction for a violation of paragraph (k) of 
20 subsection (A) is a Class 1 felony.


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

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

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

15 "School" means a public or private elementary or secondary 
16school,
community college, college, or university.

17 "School related activity" means any sporting, social, 
18academic, or
other activity for which students' attendance or 
19participation is sponsored,
organized, or funded in whole or in 
20part by a school or school district.

21 (E) A prosecution for a violation of paragraph (k) of 
22subsection (A) of this Section may be commenced within 6 years 
23after the commission of the offense. A prosecution for a 
24violation of this Section other than paragraph (g) of 
25subsection (A) of this Section may be commenced within 5 years 
26after the commission of the offense defined in the particular 
 
 
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1paragraph.

2(Source: P.A. 98-508, eff. 8-19-13; 99-29, eff. 7-10-15; 
399-143, eff. 7-27-15; 99-642, eff. 7-28-16.)