101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB2253

Introduced , by Rep. Kathleen Willis

SYNOPSIS AS INTRODUCED:

See Index

Amends the Firearm Owners Identification Card Act. Provides that no person may acquire or possess an unfinished frame or receiver, unless otherwise exempted under the Act, without having in his or her possession a

Firearm Owner's Identification Card
previously issued in his or her name by

the Department of State Police. Creates a new Article in the Criminal Code of 2012 for offenses regarding undetectable and untraceable firearms. Provides that a person commits unlawful manufacture of an undetectable firearm if he or she knowingly manufactures, assembles, sells, offers to sell, or transfers an undetectable firearm. Unlawful manufacture of an undetectable firearm is a Class 2 felony. Provides that a person commits unlawful possession of an undetectable firearm if he or she knowingly possesses an undetectable firearm. Unlawful possession of an undetectable firearm is a Class 2 felony. Provides that a person also commits unlawful possession of an undetectable firearm if he or she knowingly possesses an undetectable firearm in a public building or possess an undetectable firearm with the intent to bring the undetectable firearm into or onto a public building. This offense is a Class 2 felony. Defines terms. Makes other changes.

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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

A BILL FOR

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1 AN ACT concerning firearms.

2 Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4 Section 1. This Act may be cited as the Undetectable and

5 Untraceable Firearms Act.

6 Section 5. The Firearm Owners Identification Card Act is

7 amended by changing Sections 1, 1.1, 2, 3, 3.1, and 12 as

8 follows:

9 (430 ILCS 65/1) (from Ch. 38, par. 83-1)

10 Sec. 1. It is hereby declared as a matter of legislative

11 determination that in order to promote and protect the health,

12 safety and welfare of the public, it is necessary and in the

13 public interest to provide a system of identifying persons who

14 are not qualified to acquire or possess firearms, firearm

15 ammunition, unfinished frame or receiver, stun guns, and tasers

16 within the State of Illinois by the establishment of a system

17 of Firearm Owner's Identification Cards, thereby establishing

18 a practical and workable system by which law enforcement

19 authorities will be afforded an opportunity to identify those

20 persons who are prohibited by Section 24-3.1 of the Criminal

21 Code of 2012, from acquiring or possessing firearms and firearm

22 ammunition and who are prohibited by this Act from acquiring

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1 stun guns and tasers.

2 (Source: P.A. 97-1150, eff. 1-25-13.)

3 (430 ILCS 65/1.1) (from Ch. 38, par. 83-1.1)

4 Sec. 1.1. In ~~For purposes of~~ this Act:

5 "Addicted to narcotics" means a person who has been:

6 (1) convicted of an offense involving the use or

7 possession of cannabis, a controlled substance, or

8 methamphetamine within the past year; or

9 (2) determined by the Department of State Police to be

10 addicted to narcotics based upon federal law or federal

11 guidelines.

12 "Addicted to narcotics" does not include possession or use

13 of a prescribed controlled substance under the direction and

14 authority of a physician or other person authorized to

15 prescribe the controlled substance when the controlled

16 substance is used in the prescribed manner.

17 "Adjudicated as a person with a mental disability" means

18 the person is the subject of a determination by a court, board,

19 commission or other lawful authority that the person, as a

20 result of marked subnormal intelligence, or mental illness,

21 mental impairment, incompetency, condition, or disease:

22 (1) presents a clear and present danger to himself,

23 herself, or to others;

24 (2) lacks the mental capacity to manage his or her own

25 affairs or is adjudicated a person with a disability as

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1 defined in Section 11a-2 of the Probate Act of 1975;

2 (3) is not guilty in a criminal case by reason of

3 insanity, mental disease or defect;

4 (3.5) is guilty but mentally ill, as provided in

5 Section 5-2-6 of the Unified Code of Corrections;

6 (4) is incompetent to stand trial in a criminal case;

7 (5) is not guilty by reason of lack of mental

8 responsibility under Articles 50a and 72b of the Uniform

9 Code of Military Justice, 10 U.S.C. 850a, 876b;

10 (6) is a sexually violent person under subsection (f)

11 of Section 5 of the Sexually Violent Persons Commitment

12 Act;

13 (7) is a sexually dangerous person under the Sexually

14 Dangerous Persons Act;

15 (8) is unfit to stand trial under the Juvenile Court

16 Act of 1987;

17 (9) is not guilty by reason of insanity under the

18 Juvenile Court Act of 1987;

19 (10) is subject to involuntary admission as an

20 inpatient as defined in Section 1-119 of the Mental Health

21 and Developmental Disabilities Code;

22 (11) is subject to involuntary admission as an

23 outpatient as defined in Section 1-119.1 of the Mental

24 Health and Developmental Disabilities Code;

25 (12) is subject to judicial admission as set forth in

26 Section 4-500 of the Mental Health and Developmental

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1 Disabilities Code; or

2 (13) is subject to the provisions of the Interstate

3 Agreements on Sexually Dangerous Persons Act.

4 "Clear and present danger" means a person who:

5 (1) communicates a serious threat of physical violence

6 against a reasonably identifiable victim or poses a clear

7 and imminent risk of serious physical injury to himself,

8 herself, or another person as determined by a physician,

9 clinical psychologist, or qualified examiner; or

10 (2) demonstrates threatening physical or verbal

11 behavior, such as violent, suicidal, or assaultive

12 threats, actions, or other behavior, as determined by a

13 physician, clinical psychologist, qualified examiner,

14 school administrator, or law enforcement official.

15 "Clinical psychologist" has the meaning provided in

16 Section 1-103 of the Mental Health and Developmental

17 Disabilities Code.

18 "Controlled substance" means a controlled substance or

19 controlled substance analog as defined in the Illinois

20 Controlled Substances Act.

21 "Counterfeit" means to copy or imitate, without legal

22 authority, with intent to deceive.

23 "Federally licensed firearm dealer" means a person who is

24 licensed as a federal firearms dealer under Section 923 of the

25 federal Gun Control Act of 1968 (18 U.S.C. 923).

26 "Firearm" means any device, by whatever name known, which

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1 is designed to expel a projectile or projectiles by the action

2 of an explosion, expansion of gas or escape of gas; excluding,

3 however:

4 (1) any pneumatic gun, spring gun, paint ball gun, or

5 B-B gun which expels a single globular projectile not

6 exceeding .18 inch in diameter or which has a maximum

7 muzzle velocity of less than 700 feet per second;

8 (1.1) any pneumatic gun, spring gun, paint ball gun, or

9 B-B gun which expels breakable paint balls containing

10 washable marking colors;

11 (2) any device used exclusively for signalling or

12 safety and required or recommended by the United States

13 Coast Guard or the Interstate Commerce Commission;

14 (3) any device used exclusively for the firing of stud

15 cartridges, explosive rivets or similar industrial

16 ammunition; and

17 (4) an antique firearm (other than a machine-gun)

18 which, although designed as a weapon, the Department of

19 State Police finds by reason of the date of its

20 manufacture, value, design, and other characteristics is

21 primarily a collector's item and is not likely to be used

22 as a weapon.

23 "Firearm ammunition" means any self-contained cartridge or

24 shotgun shell, by whatever name known, which is designed to be

25 used or adaptable to use in a firearm; excluding, however:

26 (1) any ammunition exclusively designed for use with a

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1 device used exclusively for signalling or safety and

2 required or recommended by the United States Coast Guard or

3 the Interstate Commerce Commission; and

4 (2) any ammunition designed exclusively for use with a

5 stud or rivet driver or other similar industrial

6 ammunition.

7 "Gun show" means an event or function:

8 (1) at which the sale and transfer of firearms is the

9 regular and normal course of business and where 50 or more

10 firearms are displayed, offered, or exhibited for sale,

11 transfer, or exchange; or

12 (2) at which not less than 10 gun show vendors display,

13 offer, or exhibit for sale, sell, transfer, or exchange

14 firearms.

15 "Gun show" includes the entire premises provided for an

16 event or function, including parking areas for the event or

17 function, that is sponsored to facilitate the purchase, sale,

18 transfer, or exchange of firearms as described in this Section.

19 Nothing in this definition shall be construed to exclude a gun

20 show held in conjunction with competitive shooting events at

21 the World Shooting Complex sanctioned by a national governing

22 body in which the sale or transfer of firearms is authorized

23 under subparagraph (5) of paragraph (g) of subsection (A) of

24 Section 24-3 of the Criminal Code of 2012.

25 Unless otherwise expressly stated, "gun show" does not

26 include training or safety classes, competitive shooting

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1 events, such as rifle, shotgun, or handgun matches, trap,

2 skeet, or sporting clays shoots, dinners, banquets, raffles, or

3 any other event where the sale or transfer of firearms is not

4 the primary course of business.

5 "Gun show promoter" means a person who organizes or

6 operates a gun show.

7 "Gun show vendor" means a person who exhibits, sells,

8 offers for sale, transfers, or exchanges any firearms at a gun

9 show, regardless of whether the person arranges with a gun show

10 promoter for a fixed location from which to exhibit, sell,

11 offer for sale, transfer, or exchange any firearm.

12 "Involuntarily admitted" has the meaning as prescribed in

13 Sections 1-119 and 1-119.1 of the Mental Health and

14 Developmental Disabilities Code.

15 "Mental health facility" means any licensed private

16 hospital or hospital affiliate, institution, or facility, or

17 part thereof, and any facility, or part thereof, operated by

18 the State or a political subdivision thereof which provide

19 treatment of persons with mental illness and includes all

20 hospitals, institutions, clinics, evaluation facilities,

21 mental health centers, colleges, universities, long-term care

22 facilities, and nursing homes, or parts thereof, which provide

23 treatment of persons with mental illness whether or not the

24 primary purpose is to provide treatment of persons with mental

25 illness.

26 "National governing body" means a group of persons who

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1 adopt rules and formulate policy on behalf of a national

2 firearm sporting organization.

3 "Patient" means:

4 (1) a person who is admitted as an inpatient or

5 resident of a public or private mental health facility for

6 mental health treatment under Chapter III of the Mental

7 Health and Developmental Disabilities Code as an informal

8 admission, a voluntary admission, a minor admission, an

9 emergency admission, or an involuntary admission, unless

10 the treatment was solely for an alcohol abuse disorder; or

11 (2) a person who voluntarily or involuntarily receives

12 mental health treatment as an out-patient or is otherwise

13 provided services by a public or private mental health

14 facility, and who poses a clear and present danger to

15 himself, herself, or to others.

16 "Person with a developmental disability" means a person

17 with a disability which is attributable to any other condition

18 which results in impairment similar to that caused by an

19 intellectual disability and which requires services similar to

20 those required by persons with intellectual disabilities. The

21 disability must originate before the age of 18 years, be

22 expected to continue indefinitely, and constitute a

23 substantial disability. This disability results, in the

24 professional opinion of a physician, clinical psychologist, or

25 qualified examiner, in significant functional limitations in 3

26 or more of the following areas of major life activity:

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1 (i) self-care;

2 (ii) receptive and expressive language;

3 (iii) learning;

4 (iv) mobility; or

5 (v) self-direction.

6 "Person with an intellectual disability" means a person

7 with a significantly subaverage general intellectual

8 functioning which exists concurrently with impairment in

9 adaptive behavior and which originates before the age of 18

10 years.

11 "Physician" has the meaning as defined in Section 1-120 of

12 the Mental Health and Developmental Disabilities Code.

13 "Qualified examiner" has the meaning provided in Section

14 1-122 of the Mental Health and Developmental Disabilities Code.

15 "Sanctioned competitive shooting event" means a shooting

16 contest officially recognized by a national or state shooting

17 sport association, and includes any sight-in or practice

18 conducted in conjunction with the event.

19 "School administrator" means the person required to report

20 under the School Administrator Reporting of Mental Health Clear

21 and Present Danger Determinations Law.

22 "Stun gun or taser" has the meaning ascribed to it in

23 Section 24-1 of the Criminal Code of 2012.

24 "Unfinished frame or receiver" means a frame or lower

25 receiver blank, casting, or machined body that requires further

26 machining or molding to be used as part of a functional firearm

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1 which is designed and intended to be used in the assembly of a

2 functional firearm. "Unfinished frame or receiver" does not

3 include a piece of material that has had: (1) its size or

4 external shape altered solely to facilitate transportation or

5 storage; or (2) solely its chemical composition altered.

6 (Source: P.A. 99-29, eff. 7-10-15; 99-143, eff. 7-27-15;

7 99-642, eff. 7-28-16; 100-906, eff. 1-1-19.)

8 (430 ILCS 65/2) (from Ch. 38, par. 83-2)

9 Sec. 2. Firearm Owner's Identification Card required;

10 exceptions.

11 (a) (1) No person may acquire or possess any firearm, stun

12 gun, unfinished frame or receiver,or taser within this State

13 without having in his or her possession a Firearm Owner's

14 Identification Card previously issued in his or her name by the

15 Department of State Police under the provisions of this Act.

16 (2) No person may acquire or possess firearm ammunition

17 within this State without having in his or her possession a

18 Firearm Owner's Identification Card previously issued in his or

19 her name by the Department of State Police under the provisions

20 of this Act.

21 (b) The provisions of this Section regarding the possession

22 of firearms, firearm ammunition, stun guns, and tasers do not

23 apply to:

24 (1) United States Marshals, while engaged in the

25 operation of their official duties;

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1 (2) Members of the Armed Forces of the United States or

2 the National Guard, while engaged in the operation of their

3 official duties;

4 (3) Federal officials required to carry firearms,

5 while engaged in the operation of their official duties;

6 (4) Members of bona fide veterans organizations which

7 receive firearms directly from the armed forces of the

8 United States, while using the firearms for ceremonial

9 purposes with blank ammunition;

10 (5) Nonresident hunters during hunting season, with

11 valid nonresident hunting licenses and while in an area

12 where hunting is permitted; however, at all other times and

13 in all other places these persons must have their firearms

14 unloaded and enclosed in a case;

15 (6) Those hunters exempt from obtaining a hunting

16 license who are required to submit their Firearm Owner's

17 Identification Card when hunting on Department of Natural

18 Resources owned or managed sites;

19 (7) Nonresidents while on a firing or shooting range

20 recognized by the Department of State Police; however,

21 these persons must at all other times and in all other

22 places have their firearms unloaded and enclosed in a case;

23 (8) Nonresidents while at a firearm showing or display

24 recognized by the Department of State Police; however, at

25 all other times and in all other places these persons must

26 have their firearms unloaded and enclosed in a case;

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1 (9) Nonresidents whose firearms are unloaded and

2 enclosed in a case;

3 (10) Nonresidents who are currently licensed or

4 registered to possess a firearm in their resident state;

5 (11) Unemancipated minors while in the custody and

6 immediate control of their parent or legal guardian or

7 other person in loco parentis to the minor if the parent or

8 legal guardian or other person in loco parentis to the

9 minor has a currently valid Firearm Owner's Identification

10 Card;

11 (12) Color guards of bona fide veterans organizations

12 or members of bona fide American Legion bands while using

13 firearms for ceremonial purposes with blank ammunition;

14 (13) Nonresident hunters whose state of residence does

15 not require them to be licensed or registered to possess a

16 firearm and only during hunting season, with valid hunting

17 licenses, while accompanied by, and using a firearm owned

18 by, a person who possesses a valid Firearm Owner's

19 Identification Card and while in an area within a

20 commercial club licensed under the Wildlife Code where

21 hunting is permitted and controlled, but in no instance

22 upon sites owned or managed by the Department of Natural

23 Resources;

24 (14) Resident hunters who are properly authorized to

25 hunt and, while accompanied by a person who possesses a

26 valid Firearm Owner's Identification Card, hunt in an area

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1 within a commercial club licensed under the Wildlife Code

2 where hunting is permitted and controlled;

3 (15) A person who is otherwise eligible to obtain a

4 Firearm Owner's Identification Card under this Act and is

5 under the direct supervision of a holder of a Firearm

6 Owner's Identification Card who is 21 years of age or older

7 while the person is on a firing or shooting range or is a

8 participant in a firearms safety and training course

9 recognized by a law enforcement agency or a national,

10 statewide shooting sports organization; and

11 (16) Competitive shooting athletes whose competition

12 firearms are sanctioned by the International Olympic

13 Committee, the International Paralympic Committee, the

14 International Shooting Sport Federation, or USA Shooting

15 in connection with such athletes' training for and

16 participation in shooting competitions at the 2016 Olympic

17 and Paralympic Games and sanctioned test events leading up

18 to the 2016 Olympic and Paralympic Games.

19 (c) The provisions of this Section regarding the

20 acquisition and possession of firearms, firearm ammunition,

21 stun guns, and tasers do not apply to law enforcement officials

22 of this or any other jurisdiction, while engaged in the

23 operation of their official duties.

24 (c-5) The provisions of paragraphs (1) and (2) of

25 subsection (a) of this Section regarding the possession of

26 firearms and firearm ammunition do not apply to the holder of a

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1 valid concealed carry license issued under the Firearm

2 Concealed Carry Act who is in physical possession of the

3 concealed carry license.

4 (c-10) The provisions of this Section regarding the

5 possession of unfinished frames or receivers do not apply to a

6 federally licensed firearm dealer if:

7 (1) the unfinished frame or receiver is an unfinished

8 part within a manufacturing process that includes

9 serialization where the name of the manufacturer and an

10 individual serial number is conspicuously placed on the

11 unfinished frame or receiver in accordance with the

12 procedures for the serialization of a firearm in 18 U.S.C.

13 923(i) and pertinent regulations, including, but not

14 limited to, 27 CFR 478.92; and

15 (2) the federally licensed firearm dealer maintains

16 records relating to the unfinished frame or receiver in

17 accordance with the procedures for recording keeping

18 related to firearms under 18 U.S.C. 923(g) and all

19 pertinent regulations, including, but not limited to, 27

20 CFR Part 478, Subpart H.

21 (d) Any person who becomes a resident of this State, who is

22 not otherwise prohibited from obtaining, possessing, or using a

23 firearm or firearm ammunition, shall not be required to have a

24 Firearm Owner's Identification Card to possess firearms or

25 firearms ammunition until 60 calendar days after he or she

26 obtains an Illinois driver's license or Illinois

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1 Identification Card.

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

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

4 Sec. 3. (a) Except as provided in Section 3a, no person may

5 knowingly transfer, or cause to be transferred, any firearm,

6 firearm ammunition, unfinished frames or receivers, stun gun,

7 or taser to any person within this State unless the transferee

8 with whom he deals displays either: (1) a currently valid

9 Firearm Owner's Identification Card which has previously been

10 issued in his or her name by the Department of State Police

11 under the provisions of this Act; or (2) a currently valid

12 license to carry a concealed firearm which has previously been

13 issued in his or her name by the Department of State Police

14 under the Firearm Concealed Carry Act. In addition, all

15 firearm, stun gun, and taser transfers by federally licensed

16 firearm dealers are subject to Section 3.1.

17 (a-5) Any person who is not a federally licensed firearm

18 dealer and who desires to transfer or sell a firearm while that

19 person is on the grounds of a gun show must, before selling or

20 transferring the firearm, request the Department of State

21 Police to conduct a background check on the prospective

22 recipient of the firearm in accordance with Section 3.1.

23 (a-10) Notwithstanding item (2) of subsection (a) of this

24 Section, any person who is not a federally licensed firearm

25 dealer and who desires to transfer or sell a firearm or

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1 firearms to any person who is not a federally licensed firearm

2 dealer shall, before selling or transferring the firearms,

3 contact the Department of State Police with the transferee's or

4 purchaser's Firearm Owner's Identification Card number to

5 determine the validity of the transferee's or purchaser's

6 Firearm Owner's Identification Card. This subsection shall not

7 be effective until January 1, 2014. The Department of State

8 Police may adopt rules concerning the implementation of this

9 subsection. The Department of State Police shall provide the

10 seller or transferor an approval number if the purchaser's

11 Firearm Owner's Identification Card is valid. Approvals issued

12 by the Department for the purchase of a firearm pursuant to

13 this subsection are valid for 30 days from the date of issue.

14 (a-15) The provisions of subsection (a-10) of this Section

15 do not apply to:

16 (1) transfers that occur at the place of business of a

17 federally licensed firearm dealer, if the federally

18 licensed firearm dealer conducts a background check on the

19 prospective recipient of the firearm in accordance with

20 Section 3.1 of this Act and follows all other applicable

21 federal, State, and local laws as if he or she were the

22 seller or transferor of the firearm, although the dealer is

23 not required to accept the firearm into his or her

24 inventory. The purchaser or transferee may be required by

25 the federally licensed firearm dealer to pay a fee not to

26 exceed $10 per firearm, which the dealer may retain as

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1 compensation for performing the functions required under

2 this paragraph, plus the applicable fees authorized by

3 Section 3.1;

4 (2) transfers as a bona fide gift to the transferor's

5 husband, wife, son, daughter, stepson, stepdaughter,

6 father, mother, stepfather, stepmother, brother, sister,

7 nephew, niece, uncle, aunt, grandfather, grandmother,

8 grandson, granddaughter, father-in-law, mother-in-law,

9 son-in-law, or daughter-in-law;

10 (3) transfers by persons acting pursuant to operation

11 of law or a court order;

12 (4) transfers on the grounds of a gun show under

13 subsection (a-5) of this Section;

14 (5) the delivery of a firearm by its owner to a

15 gunsmith for service or repair, the return of the firearm

16 to its owner by the gunsmith, or the delivery of a firearm

17 by a gunsmith to a federally licensed firearms dealer for

18 service or repair and the return of the firearm to the

19 gunsmith;

20 (6) temporary transfers that occur while in the home of

21 the unlicensed transferee, if the unlicensed transferee is

22 not otherwise prohibited from possessing firearms and the

23 unlicensed transferee reasonably believes that possession

24 of the firearm is necessary to prevent imminent death or

25 great bodily harm to the unlicensed transferee;

26 (7) transfers to a law enforcement or corrections

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1 agency or a law enforcement or corrections officer acting

2 within the course and scope of his or her official duties;

3 (8) transfers of firearms that have been rendered

4 permanently inoperable to a nonprofit historical society,

5 museum, or institutional collection; and

6 (9) transfers to a person who is exempt from the

7 requirement of possessing a Firearm Owner's Identification

8 Card under Section 2 of this Act.

9 (a-20) The Department of State Police shall develop an

10 Internet-based system for individuals to determine the

11 validity of a Firearm Owner's Identification Card prior to the

12 sale or transfer of a firearm. The Department shall have the

13 Internet-based system completed and available for use by July

14 1, 2015. The Department shall adopt rules not inconsistent with

15 this Section to implement this system.

16 (b) Any person within this State who transfers or causes to

17 be transferred any firearm, stun gun, or taser shall keep a

18 record of such transfer for a period of 10 years from the date

19 of transfer. Such record shall contain the date of the

20 transfer; the description, serial number or other information

21 identifying the firearm, stun gun, or taser if no serial number

22 is available; and, if the transfer was completed within this

23 State, the transferee's Firearm Owner's Identification Card

24 number and any approval number or documentation provided by the

25 Department of State Police pursuant to subsection (a-10) of

26 this Section; if the transfer was not completed within this

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1 State, the record shall contain the name and address of the

2 transferee. On or after January 1, 2006, the record shall

3 contain the date of application for transfer of the firearm. On

4 demand of a peace officer such transferor shall produce for

5 inspection such record of transfer. If the transfer or sale

6 took place at a gun show, the record shall include the unique

7 identification number. Failure to record the unique

8 identification number or approval number is a petty offense.

9 For transfers of a firearm, stun gun, or taser made on or after

10 the effective date of this amendatory Act of the 100th General

11 Assembly, failure by the private seller to maintain the

12 transfer records in accordance with this Section is a Class A

13 misdemeanor for the first offense and a Class 4 felony for a

14 second or subsequent offense. A transferee shall not be

15 criminally liable under this Section provided that he or she

16 provides the Department of State Police with the transfer

17 records in accordance with procedures established by the

18 Department. The Department shall establish, by rule, a standard

19 form on its website.

20 (b-5) Any resident may purchase ammunition from a person

21 within or outside of Illinois if shipment is by United States

22 mail or by a private express carrier authorized by federal law

23 to ship ammunition. Any resident purchasing ammunition within

24 or outside the State of Illinois must provide the seller with a

25 copy of his or her valid Firearm Owner's Identification Card or

26 valid concealed carry license and either his or her Illinois

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1 driver's license or Illinois State Identification Card prior to

2 the shipment of the ammunition. The ammunition may be shipped

3 only to an address on either of those 2 documents.

4 (c) The provisions of this Section regarding the transfer

5 of firearm ammunition shall not apply to those persons

6 specified in paragraph (b) of Section 2 of this Act.

7 (Source: P.A. 99-29, eff. 7-10-15; 100-1178, eff. 1-18-19.)

8 (430 ILCS 65/3.1) (from Ch. 38, par. 83-3.1)

9 Sec. 3.1. Dial up system.

10 (a) The Department of State Police shall provide a dial up

11 telephone system or utilize other existing technology which

12 shall be used by any federally licensed firearm dealer, gun

13 show promoter, or gun show vendor who is to transfer a firearm,

14 stun gun, unfinished frame or receiver, or taser under the

15 provisions of this Act. The Department of State Police may

16 utilize existing technology which allows the caller to be

17 charged a fee not to exceed $2. Fees collected by the

18 Department of State Police shall be deposited in the State

19 Police Services Fund and used to provide the service.

20 (b) Upon receiving a request from a federally licensed

21 firearm dealer, gun show promoter, or gun show vendor, the

22 Department of State Police shall immediately approve, or within

23 the time period established by Section 24-3 of the Criminal

24 Code of 2012 regarding the delivery of firearms, stun guns,

25 unfinished frames or receivers, and tasers notify the inquiring

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1 dealer, gun show promoter, or gun show vendor of any objection

2 that would disqualify the transferee from acquiring or

3 possessing a firearm, stun gun, unfinished frame or receiver,

4 or taser. In conducting the inquiry, the Department of State

5 Police shall initiate and complete an automated search of its

6 criminal history record information files and those of the

7 Federal Bureau of Investigation, including the National

8 Instant Criminal Background Check System, and of the files of

9 the Department of Human Services relating to mental health and

10 developmental disabilities to obtain any felony conviction or

11 patient hospitalization information which would disqualify a

12 person from obtaining or require revocation of a currently

13 valid Firearm Owner's Identification Card.

14 (c) If receipt of a firearm would not violate Section 24-3

15 of the Criminal Code of 2012, federal law, or this Act the

16 Department of State Police shall:

17 (1) assign a unique identification number to the

18 transfer; and

19 (2) provide the licensee, gun show promoter, or gun

20 show vendor with the number.

21 (d) Approvals issued by the Department of State Police for

22 the purchase of a firearm are valid for 30 days from the date

23 of issue.

24 (e) (1) The Department of State Police must act as the

25 Illinois Point of Contact for the National Instant Criminal

26 Background Check System.

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1 (2) The Department of State Police and the Department of

2 Human Services shall, in accordance with State and federal law

3 regarding confidentiality, enter into a memorandum of

4 understanding with the Federal Bureau of Investigation for the

5 purpose of implementing the National Instant Criminal

6 Background Check System in the State. The Department of State

7 Police shall report the name, date of birth, and physical

8 description of any person prohibited from possessing a firearm

9 pursuant to the Firearm Owners Identification Card Act or 18

10 U.S.C. 922(g) and (n) to the National Instant Criminal

11 Background Check System Index, Denied Persons Files.

12 (3) The Department of State Police shall provide notice of

13 the disqualification of a person under subsection (b) of this

14 Section or the revocation of a person's Firearm Owner's

15 Identification Card under Section 8 or Section 8.2 of this Act,

16 and the reason for the disqualification or revocation, to all

17 law enforcement agencies with jurisdiction to assist with the

18 seizure of the person's Firearm Owner's Identification Card.

19 (f) The Department of State Police shall adopt rules not

20 inconsistent with this Section to implement this system.

21 (Source: P.A. 98-63, eff. 7-9-13; 99-787, eff. 1-1-17.)

22 (430 ILCS 65/12) (from Ch. 38, par. 83-12)

23 Sec. 12. The provisions of this Act shall not apply to the

24 passing or transfer of any firearm, ~~or~~ firearm ammunition, or

25 unfinished frame or receiverupon the death of the owner

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1 thereof to his or her heir or legatee or to the passing or

2 transfer of any firearm or firearm ammunition incident to any

3 legal proceeding or action until 60 days after such passing or

4 transfer.

5 (Source: Laws 1967, p. 2600.)

6 Section 110. The Criminal Code of 2012 is amended by

7 changing Section 24-3 and by adding Article 24.3 as follows:

8 (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)

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

10 (A) A person commits the offense of unlawful sale or

11 delivery of firearms when he or she knowingly does any of the

12 following:

13 (a) Sells or gives any firearm of a size which may be

14 concealed upon the person to any person under 18 years of

15 age.

16 (b) Sells or gives any firearm to a person under 21

17 years of age who has been convicted of a misdemeanor other

18 than a traffic offense or adjudged delinquent.

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

20 (d) Sells or gives any firearm to any person who has

21 been convicted of a felony under the laws of this or any

22 other jurisdiction.

23 (e) Sells or gives any firearm to any person who has

24 been a patient in a mental institution within the past 5

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1 years. In this subsection (e):

2 "Mental institution" means any hospital,

3 institution, clinic, evaluation facility, mental

4 health center, or part thereof, which is used primarily

5 for the care or treatment of persons with mental

6 illness.

7 "Patient in a mental institution" means the person

8 was admitted, either voluntarily or involuntarily, to

9 a mental institution for mental health treatment,

10 unless the treatment was voluntary and solely for an

11 alcohol abuse disorder and no other secondary

12 substance abuse disorder or mental illness.

13 (f) Sells or gives any firearms to any person who is a

14 person with an intellectual disability.

15 (g) Delivers any firearm or unfinished frame or

16 receiver, incidental to a sale, without withholding

17 delivery of the firearmor unfinished frame or receiver for

18 at least 72 hours after application for its purchase has

19 been made, or delivers a stun gun or taser, incidental to a

20 sale, without withholding delivery of the stun gun or taser

21 for at least 24 hours after application for its purchase

22 has been made. However, this paragraph (g) does not apply

23 to: (1) the sale of a firearm to a law enforcement officer

24 if the seller of the firearm knows that the person to whom

25 he or she is selling the firearm is a law enforcement

26 officer or the sale of a firearm to a person who desires to

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1 purchase a firearm for use in promoting the public interest

2 incident to his or her employment as a bank guard, armed

3 truck guard, or other similar employment; (2) a mail order

4 sale of a firearm from a federally licensed firearms dealer

5 to a nonresident of Illinois under which the firearm is

6 mailed to a federally licensed firearms dealer outside the

7 boundaries of Illinois; (3) (blank); (4) the sale of a

8 firearm or unfinished frame or receiver to a dealer

9 licensed as a federal firearms dealer under Section 923 of

10 the federal Gun Control Act of 1968 (18 U.S.C. 923); or (5)

11 the transfer or sale of any rifle, shotgun, or other long

12 gun to a resident registered competitor or attendee or

13 non-resident registered competitor or attendee by any

14 dealer licensed as a federal firearms dealer under Section

15 923 of the federal Gun Control Act of 1968 at competitive

16 shooting events held at the World Shooting Complex

17 sanctioned by a national governing body. For purposes of

18 transfers or sales under subparagraph (5) of this paragraph

19 (g), the Department of Natural Resources shall give notice

20 to the Department of State Police at least 30 calendar days

21 prior to any competitive shooting events at the World

22 Shooting Complex sanctioned by a national governing body.

23 The notification shall be made on a form prescribed by the

24 Department of State Police. The sanctioning body shall

25 provide a list of all registered competitors and attendees

26 at least 24 hours before the events to the Department of

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1 State Police. Any changes to the list of registered

2 competitors and attendees shall be forwarded to the

3 Department of State Police as soon as practicable. The

4 Department of State Police must destroy the list of

5 registered competitors and attendees no later than 30 days

6 after the date of the event. Nothing in this paragraph (g)

7 relieves a federally licensed firearm dealer from the

8 requirements of conducting a NICS background check through

9 the Illinois Point of Contact under 18 U.S.C. 922(t). For

10 purposes of this paragraph (g), "application" means when

11 the buyer and seller reach an agreement to purchase a

12 firearm. For purposes of this paragraph (g), "national

13 governing body" means a group of persons who adopt rules

14 and formulate policy on behalf of a national firearm

15 sporting organization.

16 (h) While holding any license as a dealer, importer,

17 manufacturer or pawnbroker under the federal Gun Control

18 Act of 1968, manufactures, sells or delivers to any

19 unlicensed person a handgun having a barrel, slide, frame

20 or receiver which is a die casting of zinc alloy or any

21 other nonhomogeneous metal which will melt or deform at a

22 temperature of less than 800 degrees Fahrenheit. For

23 purposes of this paragraph, (1) "firearm" is defined as in

24 the Firearm Owners Identification Card Act; and (2)

25 "handgun" is defined as a firearm designed to be held and

26 fired by the use of a single hand, and includes a

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1 combination of parts from which such a firearm can be

2 assembled.

3 (i) Sells or gives a firearm of any size to any person

4 under 18 years of age who does not possess a valid Firearm

5 Owner's Identification Card.

6 (j) Sells or gives a firearm while engaged in the

7 business of selling firearms at wholesale or retail without

8 being licensed as a federal firearms dealer under Section

9 923 of the federal Gun Control Act of 1968 (18 U.S.C. 923).

10 In this paragraph (j):

11 A person "engaged in the business" means a person who

12 devotes time, attention, and labor to engaging in the

13 activity as a regular course of trade or business with the

14 principal objective of livelihood and profit, but does not

15 include a person who makes occasional repairs of firearms

16 or who occasionally fits special barrels, stocks, or

17 trigger mechanisms to firearms.

18 "With the principal objective of livelihood and

19 profit" means that the intent underlying the sale or

20 disposition of firearms is predominantly one of obtaining

21 livelihood and pecuniary gain, as opposed to other intents,

22 such as improving or liquidating a personal firearms

23 collection; however, proof of profit shall not be required

24 as to a person who engages in the regular and repetitive

25 purchase and disposition of firearms for criminal purposes

26 or terrorism.

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1 (k) Sells or transfers ownership of a firearm to a

2 person who does not display to the seller or transferor of

3 the firearm either: (1) a currently valid Firearm Owner's

4 Identification Card that has previously been issued in the

5 transferee's name by the Department of State Police under

6 the provisions of the Firearm Owners Identification Card

7 Act; or (2) a currently valid license to carry a concealed

8 firearm that has previously been issued in the transferee's

9 name by the Department of State Police under the Firearm

10 Concealed Carry Act. This paragraph (k) does not apply to

11 the transfer of a firearm to a person who is exempt from

12 the requirement of possessing a Firearm Owner's

13 Identification Card under Section 2 of the Firearm Owners

14 Identification Card Act. For the purposes of this Section,

15 a currently valid Firearm Owner's Identification Card

16 means (i) a Firearm Owner's Identification Card that has

17 not expired or (ii) an approval number issued in accordance

18 with subsection (a-10) of subsection 3 or Section 3.1 of

19 the Firearm Owners Identification Card Act shall be proof

20 that the Firearm Owner's Identification Card was valid.

21 (1) In addition to the other requirements of this

22 paragraph (k), all persons who are not federally

23 licensed firearms dealers must also have complied with

24 subsection (a-10) of Section 3 of the Firearm Owners

25 Identification Card Act by determining the validity of

26 a purchaser's Firearm Owner's Identification Card.

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1 (2) All sellers or transferors who have complied

2 with the requirements of subparagraph (1) of this

3 paragraph (k) shall not be liable for damages in any

4 civil action arising from the use or misuse by the

5 transferee of the firearm transferred, except for

6 willful or wanton misconduct on the part of the seller

7 or transferor.

8 (l) Not being entitled to the possession of a firearm,

9 delivers the firearm, knowing it to have been stolen or

10 converted. It may be inferred that a person who possesses a

11 firearm with knowledge that its serial number has been

12 removed or altered has knowledge that the firearm is stolen

13 or converted.

14 (B) Paragraph (h) of subsection (A) does not include

15 firearms sold within 6 months after enactment of Public Act

16 78-355 (approved August 21, 1973, effective October 1, 1973),

17 nor is any firearm legally owned or possessed by any citizen or

18 purchased by any citizen within 6 months after the enactment of

19 Public Act 78-355 subject to confiscation or seizure under the

20 provisions of that Public Act. Nothing in Public Act 78-355

21 shall be construed to prohibit the gift or trade of any firearm

22 if that firearm was legally held or acquired within 6 months

23 after the enactment of that Public Act.

24 (C) Sentence.

25 (1) Any person convicted of unlawful sale or delivery

26 of firearms in violation of paragraph (c), (e), (f), (g),

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1 or (h) of subsection (A) commits a Class 4 felony.

2 (2) Any person convicted of unlawful sale or delivery

3 of firearms in violation of paragraph (b) or (i) of

4 subsection (A) commits a Class 3 felony.

5 (3) Any person convicted of unlawful sale or delivery

6 of firearms in violation of paragraph (a) of subsection (A)

7 commits a Class 2 felony.

8 (4) Any person convicted of unlawful sale or delivery

9 of firearms in violation of paragraph (a), (b), or (i) of

10 subsection (A) in any school, on the real property

11 comprising a school, within 1,000 feet of the real property

12 comprising a school, at a school related activity, or on or

13 within 1,000 feet of any conveyance owned, leased, or

14 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. Any person

18 convicted of a second or subsequent violation of unlawful

19 sale or delivery of firearms in violation of paragraph (a),

20 (b), or (i) of subsection (A) in any school, on the real

21 property comprising a school, within 1,000 feet of the real

22 property comprising a school, at a school related activity,

23 or on or within 1,000 feet of any conveyance owned, leased,

24 or contracted by a school or school district to transport

25 students to or from school or a school related activity,

26 regardless of the time of day or time of year at which the

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1 offense was committed, commits a Class 1 felony for which

2 the sentence shall be a term of imprisonment of no less

3 than 5 years and no more than 15 years.

4 (5) Any person convicted of unlawful sale or delivery

5 of firearms in violation of paragraph (a) or (i) of

6 subsection (A) in residential property owned, operated, or

7 managed by a public housing agency or leased by a public

8 housing agency as part of a scattered site or mixed-income

9 development, in a public park, in a courthouse, on

10 residential property owned, operated, or managed by a

11 public housing agency or leased by a public housing agency

12 as part of a scattered site or mixed-income development, on

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

14 property comprising any courthouse, or on any public way

15 within 1,000 feet of the real property comprising any

16 public park, courthouse, or residential property owned,

17 operated, or managed by a public housing agency or leased

18 by a public housing agency as part of a scattered site or

19 mixed-income development commits a Class 2 felony.

20 (6) Any person convicted of unlawful sale or delivery

21 of firearms in violation of paragraph (j) of subsection (A)

22 commits a Class A misdemeanor. A second or subsequent

23 violation is a Class 4 felony.

24 (7) Any person convicted of unlawful sale or delivery

25 of firearms in violation of paragraph (k) of subsection (A)

26 commits a Class 4 felony, except that a violation of

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1 subparagraph (1) of paragraph (k) of subsection (A) shall

2 not be punishable as a crime or petty offense. A third or

3 subsequent conviction for a violation of paragraph (k) of

4 subsection (A) is a Class 1 felony.

5 (8) A person 18 years of age or older convicted of

6 unlawful sale or delivery of firearms in violation of

7 paragraph (a) or (i) of subsection (A), when the firearm

8 that was sold or given to another person under 18 years of

9 age was used in the commission of or attempt to commit a

10 forcible felony, shall be fined or imprisoned, or both, not

11 to exceed the maximum provided for the most serious

12 forcible felony so committed or attempted by the person

13 under 18 years of age who was sold or given the firearm.

14 (9) Any person convicted of unlawful sale or delivery

15 of firearms in violation of paragraph (d) of subsection (A)

16 commits a Class 3 felony.

17 (10) Any person convicted of unlawful sale or delivery

18 of firearms in violation of paragraph (l) of subsection (A)

19 commits a Class 2 felony if the delivery is of one firearm.

20 Any person convicted of unlawful sale or delivery of

21 firearms in violation of paragraph (l) of subsection (A)

22 commits a Class 1 felony if the delivery is of not less

23 than 2 and not more than 5 firearms at the same time or

24 within a one year period. Any person convicted of unlawful

25 sale or delivery of firearms in violation of paragraph (l)

26 of subsection (A) commits a Class X felony for which he or

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1 she shall be sentenced to a term of imprisonment of not

2 less than 6 years and not more than 30 years if the

3 delivery is of not less than 6 and not more than 10

4 firearms at the same time or within a 2 year period. Any

5 person convicted of unlawful sale or delivery of firearms

6 in violation of paragraph (l) of subsection (A) commits a

7 Class X felony for which he or she shall be sentenced to a

8 term of imprisonment of not less than 6 years and not more

9 than 40 years if the delivery is of not less than 11 and

10 not more than 20 firearms at the same time or within a 3

11 year period. Any person convicted of unlawful sale or

12 delivery of firearms in violation of paragraph (l) of

13 subsection (A) commits a Class X felony for which he or she

14 shall be sentenced to a term of imprisonment of not less

15 than 6 years and not more than 50 years if the delivery is

16 of not less than 21 and not more than 30 firearms at the

17 same time or within a 4 year period. Any person convicted

18 of unlawful sale or delivery of firearms in violation of

19 paragraph (l) of subsection (A) commits a Class X felony

20 for which he or she shall be sentenced to a term of

21 imprisonment of not less than 6 years and not more than 60

22 years if the delivery is of 31 or more firearms at the same

23 time or within a 5 year period.

24 (D) In ~~For purposes of~~ this Section:

25 "School" means a public or private elementary or secondary

26 school, community college, college, or university.

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1 "School related activity" means any sporting, social,

2 academic, or other activity for which students' attendance or

3 participation is sponsored, organized, or funded in whole or in

4 part by a school or school district.

5 (E) A prosecution for a violation of paragraph (k) of

6 subsection (A) of this Section may be commenced within 6 years

7 after the commission of the offense. A prosecution for a

8 violation of this Section other than paragraph (g) of

9 subsection (A) of this Section may be commenced within 5 years

10 after the commission of the offense defined in the particular

11 paragraph.

12 (Source: P.A. 99-29, eff. 7-10-15; 99-143, eff. 7-27-15;

13 99-642, eff. 7-28-16; 100-606, eff. 1-1-19.)

14 (720 ILCS 5/Art. 24.3 heading new)

15 ARTICLE 24.3. UNDETECTABLE AND UNTRACEABLE FIREARMS

16 (720 ILCS 5/24.3-1 new)

17 Sec. 24.3-1. Definitions. In this Article:

18 "Additive manufacturing" means a manufacturing process in

19 which the material is added in order to produce the product,

20 including, but not limited to, three-dimensional printing, in

21 which layers of material are laid down in succession.

22 "Downloadable firearm" means a firearm manufactured or

23 produced using additive manufacturing.

24 "Downloadable firearm code" means digital instructions in

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1 the form of computer-aided design files or other code or

2 instructions stored and displayed in an electronic format as a

3 digital model that may be used to manufacture or produce a

4 firearm, firearm receiver, magazine, or firearm component

5 using additive manufacturing.

6 "Unfinished frame or receiver" has the same meaning

7 ascribed to the term in Section 1.1 of the Firearm Owners

8 Identification Card Act.

9 "Undetectable firearm" means a firearm that can operate

10 while in a form that is not detectable as the security exemplar

11 as defined in 18 U.S.C. 922(p)(2)(C).

12 "Untraceable firearm" means an un-serialized downloadable

13 firearm or an un-serialized firearm manufactured, assembled,

14 or produced using an unfinished frame or receiver.

15 (720 ILCS 5/24.3-2 new)

16 Sec. 24.3-2. Unlawful manufacture of an undetectable

17 firearm.

18 (a) A person commits unlawful manufacture of an

19 undetectable firearm if he or she knowingly manufactures,

20 assembles, sells, offers to sell, or transfers an undetectable

21 firearm.

22 (b) Sentence. Unlawful manufacture of an undetectable

23 firearm is a Class 2 felony.

24 (720 ILCS 5/24.3-3 new)

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1 Sec. 24.3-3. Unlawful possession of an undetectable

2 firearm.

3 (a) A person commits unlawful possession of an undetectable

4 firearm if he or she knowingly possesses an undetectable

5 firearm.

6 (b) A person commits unlawful possession of an undetectable

7 firearm if he or she knowingly possesses an undetectable

8 firearm in a public building or possess an undetectable firearm

9 with the intent to bring the undetectable firearm into or onto

10 a public building.

11 (c) Sentence. Unlawful possession of an undetectable

12 firearm is a Class 2 felony.

13 (720 ILCS 5/24.3-4 new)

14 Sec. 24.3-4. Unlawful manufacture of a downloadable

15 firearm.

16 (a) A person commits unlawful manufacture of a downloadable

17 firearm if he or she knowingly manufactures, assembles, sells,

18 offers to sell, or transfers a downloadable firearm unless:

19 (1) the person has a federal license to manufacture

20 firearms;

21 (2) the name of the manufacturer and an individual

22 serial number is conspicuously placed on the frame or

23 receiver in accordance with the procedures for the

24 serialization of a firearm in 18 U.S.C. � 923(i) and all

25 regulations, including, but not limited, to 27 CFR 478.92;

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1 and

2 (3) the person maintains records relating to the

3 downloadable firearm under the procedures for

4 recordkeeping related to firearms in 18 U.S.C. 923(g) and

5 all regulations, including, but not limited, to 27 CFR Part

6 478, Subpart H.

7 (b) Sentence. Unlawful manufacture of a downloadable

8 firearm is a Class 2 felony.

9 (720 ILCS 5/24.3-5 new)

10 Sec. 24.3-5. Unlawful distribution of a downloadable

11 firearm code.

12 (a) A person commits unlawful distribution of a

13 downloadable firearm code if he or she knowingly distributes a

14 downloadable firearm code to another person or persons, or

15 makes a downloadable firearm code available that it can be

16 accessed and downloaded by one or more persons, unless:

17 (1) the distribution is to a specific person;

18 (2) the distributor requests a criminal history check

19 on the distributee in accordance with the procedures in the

20 Firearm Owners Identification Card Act for the sale of a

21 firearm;

22 (3) the distributor receives a unique approval number;

23 (4) the distributor completes and files all records

24 required by the Firearm Owners Identification Card Act in

25 the case of the sale of a firearm; and

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1 (5) the firearm for which the downloadable firearm code

2 provides instructions is not prohibited under State or

3 federal law, including, but not limited to, State

4 prohibitions on undetectable firearms.

5 (b) Sentence. Unlawful distribution of a downloadable

6 firearm code is a Class 2 felony.

7 (720 ILCS 5/24.3-6 new)

8 Sec. 24.3-6. Unlawful manufacture of an untraceable

9 firearm.

10 (a) A person commits unlawful manufacture of an untraceable

11 firearm if he or she knowingly manufactures, assembles, sells,

12 offers to sell, or transfers an untraceable firearm.

13 (b) Sentence. Unlawful manufacture of an untraceable

14 firearm is a Class 2 felony.

15 (720 ILCS 5/24.3-7 new)

16 Sec. 24.3-7. Unlawful possession of an untraceable

17 firearm.

18 (a) A person commits unlawful possession of an untraceable

19 firearm if he or she knowingly possesses an untraceable

20 firearm.

21 (b) Sentence. Unlawful possession of an untraceable

22 firearm is a Class 2 felony.

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INDEX

Statutes amended in order of appearance