101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB1879
 
Introduced 2/15/2019, by Sen. Paul Schimpf
 
SYNOPSIS AS INTRODUCED:



      
430 ILCS 65/1.1 from Ch. 38, par. 83-1.1
430 ILCS 65/3a from Ch. 38, par. 83-3a
430 ILCS 68/5-125 new
720 ILCS 5/24-3 from Ch. 38, par. 24-3

 Amends the Firearm Dealer License Certification Act. Provides that the Act does not apply to any person, firm, corporation, or other entity who has been given, and is currently in possession of, a valid Federal Firearms License, during all State approved activities held at the World Shooting and Recreational Complex. Amends the Firearm Owners Identification Card Act and the Criminal Code of 2012 to make technical changes. Effective immediately.



SRS101 00019 JEJ 45019 b


 
 
A BILL FOR
 


SB1879SRS101 00019 JEJ 45019 b



1 AN ACT concerning firearms.


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 Sections 1.1 and 3a as follows:



6 (430 ILCS 65/1.1) (from Ch. 38, par. 83-1.1)

7 Sec. 1.1. For purposes of this Act: 

8 "Addicted to narcotics" means a person who has been: 
9  (1) convicted of an offense involving the use or 
10 possession of cannabis, a controlled substance, or 
11 methamphetamine within the past year; or 
12  (2) determined by the Department of State Police to be 
13 addicted to narcotics based upon federal law or federal 
14 guidelines. 
15 "Addicted to narcotics" does not include possession or use 
16of a prescribed controlled substance under the direction and 
17authority of a physician or other person authorized to 
18prescribe the controlled substance when the controlled 
19substance is used in the prescribed manner.
20 "Adjudicated as a person with a mental disability" means 
21the person is the subject of a determination by a court, board, 
22commission or other lawful authority that the person, as a 
23result of marked subnormal intelligence, or mental illness, 
 
 
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1mental impairment, incompetency, condition, or disease:
2  (1) presents a clear and present danger to himself, 
3 herself, or to others;
4  (2) lacks the mental capacity to manage his or her own 
5 affairs or is adjudicated a person with a disability as 
6 defined in Section 11a-2 of the Probate Act of 1975;
7  (3) is not guilty in a criminal case by reason of 
8 insanity, mental disease or defect;
9  (3.5) is guilty but mentally ill, as provided in 
10 Section 5-2-6 of the Unified Code of Corrections; 
11  (4) is incompetent to stand trial in a criminal case; 
12  (5) is not guilty by reason of lack of mental 
13 responsibility under Articles 50a and 72b of the Uniform 
14 Code of Military Justice, 10 U.S.C. 850a, 876b;

15  (6) is a sexually violent person under subsection (f) 
16 of Section 5 of the Sexually Violent Persons Commitment 
17 Act; 
18  (7) is a sexually dangerous person under the Sexually 
19 Dangerous Persons Act; 
20  (8) is unfit to stand trial under the Juvenile Court 
21 Act of 1987; 
22  (9) is not guilty by reason of insanity under the 
23 Juvenile Court Act of 1987; 
24  (10) is subject to involuntary admission as an 
25 inpatient as defined in Section 1-119 of the Mental Health 
26 and Developmental Disabilities Code; 
 
 
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1  (11) is subject to involuntary admission as an 
2 outpatient as defined in Section 1-119.1 of the Mental 
3 Health and Developmental Disabilities Code; 
4  (12) is subject to judicial admission as set forth in 
5 Section 4-500 of the Mental Health and Developmental 
6 Disabilities Code; or 
7  (13) is subject to the provisions of the Interstate 
8 Agreements on Sexually Dangerous Persons Act. 
9 "Clear and present danger" means a person who:
10  (1) communicates a serious threat of physical violence 
11 against a reasonably identifiable victim or poses a clear 
12 and imminent risk of serious physical injury to himself, 
13 herself, or another person as determined by a physician, 
14 clinical psychologist, or qualified examiner; or
15  (2) demonstrates threatening physical or verbal 
16 behavior, such as violent, suicidal, or assaultive 
17 threats, actions, or other behavior, as determined by a 
18 physician, clinical psychologist, qualified examiner, 
19 school administrator, or law enforcement official.
20 "Clinical psychologist" has the meaning provided in 
21Section 1-103 of the Mental Health and Developmental 
22Disabilities Code.
23 "Controlled substance" means a controlled substance or 
24controlled substance analog as defined in the Illinois 
25Controlled Substances Act. 
26 "Counterfeit" means to copy or imitate, without legal 
 
 
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1authority, with
intent
to deceive.
2 "Federally licensed firearm dealer" means a person who is 
3licensed as a federal firearms dealer under Section 923 of the 
4federal Gun Control Act of 1968 (18 U.S.C. 923).


5 "Firearm" means any device, by
whatever name known, which 
6is designed to expel a projectile or projectiles
by the action 
7of an explosion, expansion of gas or escape of gas; excluding,

8however:

9  (1) any pneumatic gun, spring gun, paint ball gun, or 
10 B-B gun which
expels a single globular projectile not 
11 exceeding .18 inch in
diameter or which has a maximum 
12 muzzle velocity of less than 700 feet
per second;

13  (1.1) any pneumatic gun, spring gun, paint ball gun, or 
14 B-B gun which expels breakable paint balls containing 
15 washable marking colors; 
16  (2) any device used exclusively for signalling or 
17 safety and required or
recommended by the United States 
18 Coast Guard or the Interstate Commerce
Commission;

19  (3) any device used exclusively for the firing of stud 
20 cartridges,
explosive rivets or similar industrial 
21 ammunition; and

22  (4) an antique firearm (other than a machine-gun) 
23 which, although
designed as a weapon, the Department of 
24 State Police finds by reason of
the date of its 
25 manufacture, value, design, and other characteristics is

26 primarily a collector's item and is not likely to be used 
 
 
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1 as a weapon.

2 "Firearm ammunition" means any self-contained cartridge or 
3shotgun
shell, by whatever name known, which is designed to be 
4used or adaptable to
use in a firearm; excluding, however:

5  (1) any ammunition exclusively designed for use with a 
6 device used
exclusively for signalling or safety and 
7 required or recommended by the
United States Coast Guard or 
8 the Interstate Commerce Commission; and

9  (2) any ammunition designed exclusively for use with a 
10 stud or rivet
driver or other similar industrial 
11 ammunition.
12 "Gun show" means an event or function:
13  (1) at which the sale and transfer of firearms is the 
14 regular and normal course of business and where 50 or more 
15 firearms are displayed, offered, or exhibited for sale, 
16 transfer, or exchange; or
17  (2) at which not less than 10 gun show vendors display, 
18 offer, or exhibit for sale, sell, transfer, or exchange 
19 firearms.

20 "Gun show" includes the entire premises provided for an 
21event or function, including parking areas for the event or 
22function, that is sponsored to facilitate the purchase, sale, 
23transfer, or exchange of firearms as described in this Section.

24Nothing in this definition shall be construed to exclude a gun 
25show held in conjunction with competitive shooting events at 
26the World Shooting and Recreational Complex sanctioned by a 
 
 
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1national governing body in which the sale or transfer of 
2firearms is authorized under subparagraph (5) of paragraph (g) 
3of subsection (A) of Section 24-3 of the Criminal Code of 2012. 
4 Unless otherwise expressly stated, "gun show" does not 
5include training or safety classes, competitive shooting 
6events, such as rifle, shotgun, or handgun matches, trap, 
7skeet, or sporting clays shoots, dinners, banquets, raffles, or

8any other event where the sale or transfer of firearms is not 
9the primary course of business.
10 "Gun show promoter" means a person who organizes or 
11operates a gun show.
12 "Gun show vendor" means a person who exhibits, sells, 
13offers for sale, transfers, or exchanges any firearms at a gun 
14show, regardless of whether the person arranges with a gun show 
15promoter for a fixed location from which to exhibit, sell, 
16offer for sale, transfer, or exchange any firearm.
17 "Involuntarily admitted" has the meaning as prescribed in 
18Sections 1-119 and 1-119.1 of the Mental Health and 
19Developmental Disabilities Code. 
20 "Mental health facility" means any licensed private 
21hospital or hospital affiliate, institution, or facility, or 
22part thereof, and any facility, or part thereof, operated by 
23the State or a political subdivision thereof which provide 
24treatment of persons with mental illness and includes all 
25hospitals, institutions, clinics, evaluation facilities, 
26mental health centers, colleges, universities, long-term care 
 
 
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1facilities, and nursing homes, or parts thereof, which provide 
2treatment of persons with mental illness whether or not the 
3primary purpose is to provide treatment of persons with mental 
4illness. 
5 "National governing body" means a group of persons who 
6adopt rules and formulate policy on behalf of a national 
7firearm sporting organization. 
8 "Patient" means: 
9  (1) a person who is admitted as an inpatient or 
10 resident of a public or private mental health facility for 
11 mental health treatment under Chapter III of the Mental 
12 Health and Developmental Disabilities Code as an informal 
13 admission, a voluntary admission, a minor admission, an 
14 emergency admission, or an involuntary admission, unless 
15 the treatment was solely for an alcohol abuse disorder; or 
16  (2) a person who voluntarily or involuntarily receives 
17 mental health treatment as an out-patient or is otherwise 
18 provided services by a public or private mental health 
19 facility, and who poses a clear and present danger to 
20 himself, herself, or to others. 
21 "Person with a developmental disability" means a person 
22with a disability which is attributable to any other condition 
23which results in impairment similar to that caused by an 
24intellectual disability and which requires services similar to 
25those required by persons with intellectual disabilities. The 
26disability must originate before the age of 18
years, be 
 
 
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1expected to continue indefinitely, and constitute a 
2substantial disability. This disability results, in the 
3professional opinion of a physician, clinical psychologist, or 
4qualified examiner, in significant functional limitations in 3 
5or more of the following areas of major life activity:
6  (i) self-care;
7  (ii) receptive and expressive language;
8  (iii) learning;
9  (iv) mobility; or
10  (v) self-direction. 
11 "Person with an intellectual disability" means a person 
12with a significantly subaverage general intellectual 
13functioning which exists concurrently with impairment in 
14adaptive behavior and which originates before the age of 18 
15years. 
16 "Physician" has the meaning as defined in Section 1-120 of 
17the Mental Health and Developmental Disabilities Code.
18 "Qualified examiner" has the meaning provided in Section 
191-122 of the Mental Health and Developmental Disabilities Code.
20 "Sanctioned competitive shooting event" means a shooting 
21contest officially recognized by a national or state shooting 
22sport association, and includes any sight-in or practice 
23conducted in conjunction with the event.


24 "School administrator" means the person required to report 
25under the School Administrator Reporting of Mental Health Clear 
26and Present Danger Determinations Law.
 
 
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1 "Stun gun or taser" has the meaning ascribed to it in 
2Section 24-1 of the Criminal Code of 2012.
3(Source: P.A. 99-29, eff. 7-10-15; 99-143, eff. 7-27-15; 
499-642, eff. 7-28-16; 100-906, eff. 1-1-19.)




5 (430 ILCS 65/3a) (from Ch. 38, par. 83-3a)



6 Sec. 3a. (a) Any resident of Illinois who has obtained a 
7firearm
owner's identification card pursuant to this Act and 
8who is not otherwise
prohibited from obtaining, possessing or 
9using a firearm may purchase or
obtain a rifle or shotgun or 
10ammunition for a rifle or shotgun in Iowa,
Missouri, Indiana, 
11Wisconsin or Kentucky.

12 (b) Any resident of Iowa, Missouri, Indiana, Wisconsin or 
13Kentucky
or a
non-resident with a valid non-resident hunting 
14license, who
is 18 years of age or older and who is not 
15prohibited by the laws of
Illinois, the state of his domicile, 
16or the United States from obtaining,
possessing or using a 
17firearm, may purchase or obtain a rifle,
shotgun or
ammunition 
18for a rifle or shotgun in Illinois.

19 (b-5) Any non-resident who is participating in a sanctioned 
20competitive
shooting
event, who is 18 years of age or older and 
21who is not prohibited by the laws of
Illinois,
the state of his 
22or her domicile, or the United States from obtaining,

23possessing, or using
a firearm, may purchase or obtain a 
24shotgun or shotgun ammunition in Illinois
for the
purpose of 
25participating in that event. A person may purchase or obtain a

 
 
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1shotgun or
shotgun ammunition under this subsection only at the 
2site where the sanctioned
competitive shooting event is being 
3held.

4 (b-10) Any non-resident registered competitor or attendee 
5of a competitive shooting
event held at the World Shooting and 
6Recreational Complex sanctioned by a national governing
body, 
7who is not prohibited by the laws of Illinois, the state of his 
8or her
domicile, or the United States from obtaining, 
9possessing, or using a firearm
may purchase or obtain a rifle, 
10shotgun, or other long gun or ammunition for
a rifle, shotgun, 
11or other long gun at the competitive shooting event. The

12sanctioning body shall provide a list of registered competitors 
13and attendees as required
under subparagraph (5) of paragraph 
14(g) of subsection (A) of Section 24-3 of the Criminal Code of 
152012. A competitor or attendee of a competitive shooting event 
16who does not wish to
purchase a firearm at the event is not 
17required to register or have his or her name
appear on a list 
18of registered competitors and attendees provided to the 
19Department of State
Police by the sanctioning body. 
20 (c) Any transaction under this Section is subject to the 
21provisions of
the Gun Control Act of 1968 (18 U.S.C. 922 
22(b)(3)).

23(Source: P.A. 99-29, eff. 7-10-15.)


24 Section 10. The Firearm Dealer License Certification Act is 
25amended by adding Section 5-125 as follows:

 
 
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1 (430 ILCS 68/5-125 new)
2 Sec. 5-125. World Shooting and Recreational Complex. 
3 This Act shall not apply to any person, firm, corporation, 
4or other entity who has been given, and is currently in 
5possession of, a valid Federal Firearms License, during all 
6State approved activities held at the World Shooting and 
7Recreational Complex.

8 Section 15. The Criminal Code of 2012 is amended by 
9changing Section 24-3 as follows:



10 (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)


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

12 (A) A person commits the offense of unlawful sale or 
13delivery of firearms when he
or she knowingly does any of the 
14following:

15  (a) Sells or gives any firearm of a size which may be 
16 concealed upon the
person to any person under 18 years of 
17 age.

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

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

22  (d) Sells or gives any firearm to any person who has 
23 been convicted of a
felony under the laws of this or any 
 
 
SB1879- 12 -SRS101 00019 JEJ 45019 b


1 other jurisdiction.

2  (e) Sells or gives any firearm to any person who has 
3 been a patient in a
mental institution within the past 5 
4 years. In this subsection (e):
5   "Mental institution" means any hospital, 
6 institution, clinic, evaluation facility, mental 
7 health center, or part thereof, which is used primarily 
8 for the care or treatment of persons with mental 
9 illness. 
10   "Patient in a mental institution" means the person 
11 was admitted, either voluntarily or involuntarily, to 
12 a mental institution for mental health treatment, 
13 unless the treatment was voluntary and solely for an 
14 alcohol abuse disorder and no other secondary 
15 substance abuse disorder or mental illness.

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

18  (g) Delivers any firearm, incidental to a sale, without 
19 withholding delivery of the firearm
for at least 72 hours 
20 after application for its purchase has been made, or

21 delivers a stun gun or taser, incidental to a sale,
without 
22 withholding delivery of the stun gun or taser for
at least 
23 24 hours after application for its purchase has been made.

24 However,
this paragraph (g) does not apply to: (1) the sale 
25 of a firearm
to a law enforcement officer if the seller of 
26 the firearm knows that the person to whom he or she is 
 
 
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1 selling the firearm is a law enforcement officer or the 
2 sale of a firearm to a person who desires to purchase a 
3 firearm for
use in promoting the public interest incident 
4 to his or her employment as a
bank guard, armed truck 
5 guard, or other similar employment; (2) a mail
order sale 
6 of a firearm from a federally licensed firearms dealer to a 
7 nonresident of Illinois under which the firearm
is mailed 
8 to a federally licensed firearms dealer outside the 
9 boundaries of Illinois; (3) (blank); (4) the sale of a

10 firearm to a dealer licensed as a federal firearms dealer 
11 under Section 923
of the federal Gun Control Act of 1968 
12 (18 U.S.C. 923); or (5) the transfer or sale of any rifle, 
13 shotgun, or other long gun to a resident registered 
14 competitor or attendee or non-resident registered 
15 competitor or attendee by any dealer licensed as a federal 
16 firearms dealer under Section 923 of the federal Gun 
17 Control Act of 1968 at competitive shooting events held at 
18 the World Shooting and Recreational Complex sanctioned by a 
19 national governing body. For purposes of transfers or sales 
20 under subparagraph (5) of this paragraph (g), the 
21 Department of Natural Resources shall give notice to the 
22 Department of State Police at least 30 calendar days prior 
23 to any competitive shooting events at the World Shooting 
24 and Recreational Complex sanctioned by a national 
25 governing body. The notification shall be made on a form 
26 prescribed by the Department of State Police. The 
 
 
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1 sanctioning body shall provide a list of all registered 
2 competitors and attendees at least 24 hours before the 
3 events to the Department of State Police. Any changes to 
4 the list of registered competitors and attendees shall be 
5 forwarded to the Department of State Police as soon as 
6 practicable. The Department of State Police must destroy 
7 the list of registered competitors and attendees no later 
8 than 30 days after the date of the event. Nothing in this 
9 paragraph (g) relieves a federally licensed firearm dealer 
10 from the requirements of conducting a NICS background check 
11 through the Illinois Point of Contact under 18 U.S.C. 
12 922(t). For purposes of this paragraph (g), "application" 
13 means when the buyer and seller reach an agreement to 
14 purchase a firearm.
For purposes of this paragraph (g), 
15 "national governing body" means a group of persons who 
16 adopt rules and formulate policy on behalf of a national 
17 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 
 
 
SB1879- 21 -SRS101 00019 JEJ 45019 b


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:

 
 
SB1879- 22 -SRS101 00019 JEJ 45019 b


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. 99-29, eff. 7-10-15; 99-143, eff. 7-27-15; 
1599-642, eff. 7-28-16; 100-606, eff. 1-1-19.)



16 Section 99. Effective date. This Act takes effect upon 
17becoming law.