102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB1885
 
Introduced , by Rep. Amy Elik
 
SYNOPSIS AS INTRODUCED:



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

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



LRB102 03996 RLC 14012 b


 
 
A BILL FOR
 


HB1885LRB102 03996 RLC 14012 b



1 AN ACT concerning criminal law.


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

3represented in the General Assembly:



4 Section 5. The Criminal Code of 2012 is amended by 
5changing Section 24-3 as follows:



6 (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)


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

8 (A) A person commits the offense of unlawful sale or 
9delivery of firearms when he
or she knowingly does any of the 
10following:

11  (a) Sells or gives any firearm of a size which may be 
12 concealed upon the
person to any person under 18 years of 
13 age.

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

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

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

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

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

14  (g) Delivers any firearm, incidental to a sale, 
15 without withholding delivery of the firearm
for at least 
16 72 hours after application for its purchase has been made, 
17 or
delivers a stun gun or taser, incidental to a sale,

18 without withholding delivery of the stun gun or taser for

19 at least 24 hours after application for its purchase has 
20 been made.
However,
this paragraph (g) does not apply to: 
21 (1) the sale of a firearm
to a law enforcement officer if 
22 the seller of the firearm knows that the person to whom he 
23 or she is selling the firearm is a law enforcement officer 
24 or the sale of a firearm to a person who desires to 
25 purchase a firearm for
use in promoting the public 
26 interest incident to his or her employment as a
bank 
 
 
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1 guard, armed truck guard, or other similar employment; (2) 
2 a mail
order sale of a firearm from a federally licensed 
3 firearms dealer to a nonresident of Illinois under which 
4 the firearm
is mailed to a federally licensed firearms 
5 dealer outside the boundaries of Illinois; (3) (blank); 
6 (4) the sale of a
firearm to a dealer licensed as a federal 
7 firearms dealer under Section 923
of the federal Gun 
8 Control Act of 1968 (18 U.S.C. 923); (4.1) the sale of a 
9 firearm to a person who has been issued a valid license to 
10 carry a concealed handgun under the Firearm Concealed 
11 Carry Act; or (5) the transfer or sale of any rifle, 
12 shotgun, or other long gun to a resident registered 
13 competitor or attendee or non-resident registered 
14 competitor or attendee by any dealer licensed as a federal 
15 firearms dealer under Section 923 of the federal Gun 
16 Control Act of 1968 at competitive shooting events held at 
17 the World Shooting Complex sanctioned by a national 
18 governing body. For purposes of transfers or sales under 
19 subparagraph (5) of this paragraph (g), the Department of 
20 Natural Resources shall give notice to the Department of 
21 State Police at least 30 calendar days prior to any 
22 competitive shooting events at the World Shooting Complex 
23 sanctioned by a national governing body. The notification 
24 shall be made on a form prescribed by the Department of 
25 State Police. The sanctioning body shall provide a list of 
26 all registered competitors and attendees at least 24 hours 
 
 
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1 before the events to the Department of State Police. Any 
2 changes to the list of registered competitors and 
3 attendees shall be forwarded to the Department of State 
4 Police as soon as practicable. The Department of State 
5 Police must destroy the list of registered competitors and 
6 attendees no later than 30 days after the date of the 
7 event. Nothing in this paragraph (g) relieves a federally 
8 licensed firearm dealer from the requirements of 
9 conducting a NICS background check through the Illinois 
10 Point of Contact under 18 U.S.C. 922(t). For purposes of 
11 this paragraph (g), "application" means when the buyer and 
12 seller reach an agreement to purchase a firearm.
For 
13 purposes of this paragraph (g), "national governing body" 
14 means a group of persons who adopt rules and formulate 
15 policy on behalf of a national firearm sporting 
16 organization. 

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

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

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

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

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

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

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

26 repetitive purchase and disposition of firearms for 
 
 
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1 criminal purposes or
terrorism.

2  (k) Sells or transfers ownership of a firearm to a 
3 person who does not display to the seller or transferor of 
4 the firearm either: (1) a currently valid Firearm Owner's 
5 Identification Card that has previously been issued in the 
6 transferee's name by the Department of State Police under 
7 the provisions of the Firearm Owners Identification Card 
8 Act; or (2) a currently valid license to carry a concealed 
9 firearm that has previously been issued in the 
10 transferee's name by the
Department of State Police under 
11 the Firearm Concealed Carry Act. This paragraph (k) does 
12 not apply to the transfer of a firearm to a person who is 
13 exempt from the requirement of possessing a Firearm 
14 Owner's Identification Card under Section 2 of the Firearm 
15 Owners Identification Card Act. For the purposes of this 
16 Section, a currently valid Firearm Owner's Identification 
17 Card means (i) a Firearm Owner's Identification Card that 
18 has not expired or (ii) an approval number issued in 
19 accordance with subsection (a-10) of subsection 3 or 
20 Section 3.1 of the Firearm Owners Identification Card Act 
21 shall be proof that the Firearm Owner's Identification 
22 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 
13 a firearm with knowledge that its serial number has
been 
14 removed or altered has knowledge that the firearm is 
15 stolen 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 
21of Public Act 78-355 subject
to confiscation or seizure under 
22the provisions of that Public Act. Nothing in
Public Act 
2378-355 shall be construed to prohibit the gift or trade of
any 
24firearm if that firearm was legally held or acquired within 6 
25months after
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 
9 (A) 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 
14 property comprising
a school, at a school related 
15 activity, or on or within 1,000 feet of any
conveyance 
16 owned, leased, or contracted by a school or school 
17 district to
transport students to or from school or a 
18 school related activity,
regardless of the time of day or 
19 time of year at which the offense
was committed, commits a 
20 Class 1 felony. Any person convicted of a second
or 
21 subsequent violation of unlawful sale or delivery of 
22 firearms in violation of paragraph
(a), (b), or (i) of 
23 subsection (A) in any school, on the real property

24 comprising a school, within 1,000 feet of the real 
25 property comprising a
school, at a school related 
26 activity, or on or within 1,000 feet of any
conveyance 
 
 
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1 owned, leased, or contracted by a school or school 
2 district to
transport students to or from school or a 
3 school related activity,
regardless of the time of day or 
4 time of year at which the offense
was committed, commits a 
5 Class 1 felony for which the sentence shall be a
term of 
6 imprisonment of no less than 5 years and no more than 15 
7 years.

8  (5) Any person convicted of unlawful sale or delivery 
9 of firearms in violation of
paragraph (a) or (i) of 
10 subsection (A) in residential property owned,
operated, or 
11 managed by a public housing agency or leased by a public 
12 housing
agency as part of a scattered site or mixed-income 
13 development, in a public
park, in a
courthouse, on 
14 residential property owned, operated, or managed by a 
15 public
housing agency or leased by a public housing agency 
16 as part of a scattered site
or mixed-income development, 
17 on the real property comprising any public park,
on the 
18 real
property comprising any courthouse, or on any public 
19 way within 1,000 feet
of the real property comprising any 
20 public park, courthouse, or residential
property owned, 
21 operated, or managed by a public housing agency or leased 
22 by a
public housing agency as part of a scattered site or 
23 mixed-income development
commits a
Class 2 felony.

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


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

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

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

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

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

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

16(Source: P.A. 99-29, eff. 7-10-15; 99-143, eff. 7-27-15; 
1799-642, eff. 7-28-16; 100-606, eff. 1-1-19.)



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