102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB5535
 
Introduced , by Rep. Denyse Wang Stoneback
 
SYNOPSIS AS INTRODUCED:



        
New Act
430 ILCS 65/3.4 new
430 ILCS 65/4 from Ch. 38, par. 83-4
430 ILCS 65/8 from Ch. 38, par. 83-8
720 ILCS 5/24-3 from Ch. 38, par. 24-3
720 ILCS 5/24-3.5

 Creates the Commission on Interstate and Intrastate Trafficking of Firearms Act. Creates the Commission on Interstate and Intrastate Trafficking of Firearms within the Illinois State Police to assess the current needs relating to firearms trafficking and advise the Governor and General Assembly on necessary strategies to reduce illegal firearms trafficking. Provides for the membership of the Commission. Amends the Firearm Owners Identification Card Act. Provides that on or after the effective date of the amendatory Act if an applicant is applying for or renewing a Firearm Owner's Identification Card he or she must submit evidence to the Illinois State Police that he or she has completed at least 8 hours of handgun safety training approved by the Director of the Illinois State Police. Provides that notwithstanding any other law to the contrary, each local law enforcement agency shall issue a firearm permit to an applicant who seeks the purchase of a firearm to verify the identity of the purchaser and shall complete a full criminal background check of the applicant that includes obtaining fingerprints from the prospective firearm purchaser. Provides that each local law enforcement agency shall keep records of those permits and make them available to the Illinois State Police through the Law Enforcement Agencies Data System (LEADS). Provides that the duration of the permit shall be 10 days after its issuance. Provides that the local law enforcement agency may deny a permit to purchase a firearm to an applicant if the agency, in its discretion, believes it is in the interest of public safety. Amends the Criminal Code of 2012 to make conforming changes. Makes other changes. 



LRB102 25390 RLC 35584 b


 
 
A BILL FOR
 


HB5535LRB102 25390 RLC 35584 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 .05. This Act may be referred to as the Reduction 
5in Gun Crime Act. 

6 Section 1. Short title. This Act may be cited as the 
7Commission on Interstate and Intrastate Trafficking of 
8Firearms Act.

9 Section 5. Commission on Interstate and Intrastate 
10Trafficking of Firearms. 
11 (a) The Commission on Interstate and Intrastate 
12Trafficking of Firearms is created within the Illinois State 
13Police to assess the current needs relating to firearms 
14trafficking and advise the Governor and General Assembly on 
15necessary strategies to reduce illegal firearms trafficking.
16 (b)
The Commission shall be composed of the following 
17members:
18  (1) the Director of the Illinois State Police, or his 
19 or her designee;
20  (2) the Director of the Office of Firearm Violence 
21 Prevention;
22  (3) the President of the Illinois Sheriffs' 
 
 
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1 Association, or his or her designee;
2  (4)
an Illinois sheriff from each of the counties 
3 whose gun homicide rate is the highest 5 counties per 
4 100,000 residents, appointed by the sheriff of those 
5 counties;
6  (5)
the President of the Illinois Association of 
7 Chiefs of Police, or his or her designee;
8  (6) a representative of the local municipal law 
9 enforcement agencies from each of the 5 municipalities in 
10 Illinois whose gun homicide rate is the highest per 
11 100,000 residents, appointed by the chiefs of police of 
12 those municipalities;
13  (7) the Attorney General, or his or her designee;
14  (8) the President of the Illinois States Attorneys 
15 Association, or his or her designee;
16  (9)
one Representative, appointed by the Speaker of 
17 the House of Representatives;
18  (10)
one Representative, appointed by the Minority 
19 Leader of the House of Representatives;

20  (11) one Senator, appointed by the President of the 
21 Senate; and
22  (12) one Senator, appointed by the Minority Leader of 
23 the Senate.
24 (b) The Director of the Illinois State Police shall choose 
25the Chairperson of the Commission. Members shall serve 3-year 
26terms without compensation. The Commission shall form 2 
 
 
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1subcommittees, one for interstate gun trafficking solutions 
2and another for intrastate gun trafficking solutions.
3 (c) The Commission shall attempt to seek input and advice 
4from:
5  (1) a law enforcement expert from each of the National 
6 Integrated Ballistics Information Network (NIBIN) centers 
7 in Illinois that process the most cartridge casings from 
8 crime scenes;
9  (2) a law enforcement expert from the Crime Gun 
10 Intelligence Center (CGIC) in Illinois with experience 
11 with gun trafficking cases in Illinois;
12  (3) an individual with experience working with a joint 
13 federal and local task force to disrupt the gun 
14 trafficking network;
15  (4) a prosecutor with experience prosecuting gun 
16 trafficking cases in another state where that state's gun 
17 trafficking cases has achieved high rates of successful 
18 prosecution nominated by the National District Attorneys 
19 Association;
20  (5) a representative from the Federal Bureau of 
21 Investigation who has extensive experience with gun 
22 trafficking cases in Illinois;
23  (6) the Special Agent in Charge of the offices of the 
24 Bureau of Alcohol Tobacco, Firearms and Explosives (ATF), 
25 or his or her designee in each of the neighboring states of 
26 Illinois: Wisconsin, Iowa, Missouri, Kentucky, and 
 
 
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1 Indiana; and
2  (7) the Special Agent in Charge of each of the offices 
3 of the Bureau of Alcohol Tobacco, Firearms and Explosives 
4 (ATF), or his or her designee, in each of the states with 
5 the highest incidence of gun trafficking to and from 
6 Illinois.


7 Section 90.The Firearm Owners Identification Card Act is 
8amended by changing Sections 4 and 8 and by adding Section 3.4 
9as follows:

10 (430 ILCS 65/3.4 new)
11 Sec. 3.4. Firearms transfers; permits.
12 (a) Notwithstanding any other law to the contrary, each 
13local law enforcement agency shall issue a firearm permit to 
14an applicant who seeks the purchase of a firearm to verify the 
15identity of the purchaser and shall complete a full criminal 
16background check of the applicant that includes obtaining 
17fingerprints from the prospective firearm purchaser.
18 (b) Each local law enforcement agency shall keep records 
19of those permits and make them available to the Illinois State 
20Police through the Law Enforcement Agencies Data System 
21(LEADS).
22 (c) The duration of the permit shall be 10 days after its 
23issuance.
24 (d) The local law enforcement agency may deny a permit to 
 
 
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1purchase a firearm to an applicant if the agency, in its 
2discretion, believes it is in the interest of public safety. 
3 (e) Prior to the purchase of a firearm, a person must 
4submit the permit issued by the local law enforcement agency 
5to the dealer or transferor of the firearm.
6 (f) In this Section, "local law enforcement agency" means 
7the municipal police department of the municipality in which 
8the applicant for the firearm purchase resides, or if the 
9applicant resides in an unincorporated area, or if no 
10municipal police department exists in the applicant's 
11municipality of residence, then "local law enforcement agency" 
12means the office of the sheriff of the county of the 
13applicant's residence. 



14 (430 ILCS 65/4) (from Ch. 38, par. 83-4)


15 Sec. 4. Application for Firearm Owner's Identification 
16Cards. 
17 (a) Each applicant for a Firearm Owner's Identification 
18Card must: 

19  (1) Submit an application as made available by the 
20 Illinois State Police; and

21  (2) Submit evidence to the Illinois State Police that:

22   (i) This subparagraph (i) applies through the 
23 180th day following July 12, 2019 (the effective date 
24 of Public Act 101-80) this amendatory Act of the 101st 
25 General Assembly. He or she is 21 years of age or over, 
 
 
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1 or if he or she is under 21
years of age that he or she 
2 has the written consent of his or her parent or
legal 
3 guardian to possess and acquire firearms and firearm 
4 ammunition and that
he or she has never been convicted 
5 of a misdemeanor other than a traffic
offense or 
6 adjudged
delinquent, provided, however, that such 
7 parent or legal guardian is not an
individual 
8 prohibited from having a Firearm Owner's 
9 Identification Card and
files an affidavit with the 
10 Department as prescribed by the Department
stating 
11 that he or she is not an individual prohibited from 
12 having a Card;
13   (i-5) This subparagraph (i-5) applies on and after 
14 the 181st day following July 12, 2019 (the effective 
15 date of Public Act 101-80) this amendatory Act of the 
16 101st General Assembly. He or she is 21 years of age or 
17 over, or if he or she is under 21
years of age that he 
18 or she has never been convicted of a misdemeanor other 
19 than a traffic offense or adjudged delinquent and is 
20 an active duty member of the United States Armed 
21 Forces or has the written consent of his or her parent 
22 or
legal guardian to possess and acquire firearms and 
23 firearm ammunition, provided, however, that such 
24 parent or legal guardian is not an
individual 
25 prohibited from having a Firearm Owner's 
26 Identification Card and
files an affidavit with the 
 
 
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1 Illinois State Police Department as prescribed by the 
2 Illinois State Police Department
stating that he or 
3 she is not an individual prohibited from having a Card 
4 or the active duty member of the United States Armed 
5 Forces under 21 years of age annually submits proof to 
6 the Illinois State Police, in a manner prescribed by 
7 the Illinois State Police Department; 

8   (ii) He or she has not been convicted of a felony 
9 under the laws of
this or any other jurisdiction;

10   (iii) He or she is not addicted to narcotics;

11   (iv) He or she has not been a patient in a mental 
12 health facility within
the past 5 years or, if he or 
13 she has been a patient in a mental health facility more 
14 than 5 years ago submit the certification required 
15 under subsection (u) of Section 8 of this Act;

16   (v) He or she is not a person with an intellectual 
17 disability;

18   (vi) He or she is not an alien who is unlawfully 
19 present in the
United States under the laws of the 
20 United States;

21   (vii) He or she is not subject to an existing order 
22 of protection
prohibiting him or her from possessing a 
23 firearm;

24   (viii) He or she has not been convicted within the 
25 past 5 years of
battery, assault, aggravated assault, 
26 violation of an order of
protection, or a 
 
 
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1 substantially similar offense in another jurisdiction, 
2 in
which a firearm was used or possessed;

3   (ix) He or she has not been convicted of domestic 
4 battery, aggravated domestic battery, or a

5 substantially similar offense in another
jurisdiction 
6 committed before, on or after January 1, 2012 (the 
7 effective date of Public Act 97-158). If the applicant 
8 knowingly and intelligently waives the right to have 
9 an offense described in this clause (ix) tried by a 
10 jury, and by guilty plea or otherwise, results in a 
11 conviction for an offense in which a domestic 
12 relationship is not a required element of the offense 
13 but in which a determination of the applicability of 
14 18 U.S.C. 922(g)(9) is made under Section 112A-11.1 of 
15 the Code of Criminal Procedure of 1963, an entry by the 
16 court of a judgment of conviction for that offense 
17 shall be grounds for denying the issuance of a Firearm 
18 Owner's Identification Card under this Section;

19   (x) (Blank);

20   (xi) He or she is not an alien who has been 
21 admitted to the United
States under a non-immigrant 
22 visa (as that term is defined in Section
101(a)(26) of 
23 the Immigration and Nationality Act (8 U.S.C. 
24 1101(a)(26))),
or that he or she is an alien who has 
25 been lawfully admitted to the United
States under a 
26 non-immigrant visa if that alien is:

 
 
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1    (1) admitted to the United States for lawful 
2 hunting or sporting
purposes;

3    (2) an official representative of a foreign 
4 government who is:

5     (A) accredited to the United States 
6 Government or the Government's
mission to an 
7 international organization having its 
8 headquarters in the United
States; or

9     (B) en route to or from another country to 
10 which that alien is
accredited;

11    (3) an official of a foreign government or 
12 distinguished foreign
visitor who has been so 
13 designated by the Department of State;

14    (4) a foreign law enforcement officer of a 
15 friendly foreign
government entering the United 
16 States on official business; or

17    (5) one who has received a waiver from the 
18 Attorney General of the
United States pursuant to 
19 18 U.S.C. 922(y)(3);

20   (xii) He or she is not a minor subject to a 
21 petition filed
under Section 5-520 of the Juvenile 
22 Court Act of 1987 alleging that the
minor is a 
23 delinquent minor for the commission of an offense that 
24 if
committed by an adult would be a felony;

25   (xiii) He or she is not an adult who had been 
26 adjudicated a delinquent
minor under the Juvenile 
 
 
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1 Court Act of 1987 for the commission of an offense
that 
2 if committed by an adult would be a felony;

3   (xiv) He or she is a resident of the State of 
4 Illinois; 
5   (xv) He or she has not been adjudicated as a person 
6 with a mental disability; 
7   (xvi) He or she has not been involuntarily 
8 admitted into a mental health facility; and 
9   (xvii) He or she is not a person with a 
10 developmental disability; and 
11   (xviii) On or after the effective date of this 
12 amendatory Act of the 102nd General Assembly if he or she 
13 is applying for or renewing a Firearm Owner's 
14 Identification Card that he or she has completed at least 
15 8 hours of handgun safety training approved by the 
16 Director of the Illinois State Police; and 
17  (3) Upon request by the Illinois State Police, sign a 
18 release on a
form prescribed by the Illinois State Police 
19 waiving any right to
confidentiality and requesting the 
20 disclosure to the Illinois State Police
of limited mental 
21 health institution admission information from another 
22 state,
the District of Columbia, any other territory of 
23 the United States, or a
foreign nation concerning the 
24 applicant for the sole purpose of determining
whether the 
25 applicant is or was a patient in a mental health 
26 institution and
disqualified because of that status from 
 
 
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1 receiving a Firearm Owner's
Identification Card. No mental 
2 health care or treatment records may be
requested. The 
3 information received shall be destroyed within one year of

4 receipt.

5 (a-5) Each applicant for a Firearm Owner's Identification 
6Card who is over
the age of 18 shall furnish to the Illinois 
7State Police either his or
her Illinois driver's license 
8number or Illinois Identification Card number, except as

9provided in subsection (a-10).

10 (a-10) Each applicant for a Firearm Owner's Identification 
11Card,
who is employed as a law enforcement officer, an armed 
12security officer in Illinois, or by the United States Military

13permanently assigned in Illinois and who is not an Illinois 
14resident, shall furnish to
the Illinois State Police his or 
15her driver's license number or state
identification card 
16number from his or her state of residence. The Illinois State 
17Police may adopt rules to enforce the provisions of this

18subsection (a-10).

19 (a-15) If an applicant applying for a Firearm Owner's 
20Identification Card moves from the residence address named in 
21the application, he or she shall immediately notify in a form 
22and manner prescribed by the Illinois State Police of that 
23change of address.
24 (a-20) Each applicant for a Firearm Owner's Identification 
25Card shall furnish to the Illinois State Police his or her 
26photograph. An applicant who is 21 years of age or older 
 
 
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1seeking a religious exemption to the photograph requirement 
2must furnish with the application an approved copy of United 
3States Department of the Treasury Internal Revenue Service 
4Form 4029. In lieu of a photograph, an applicant regardless of 
5age seeking a religious exemption to the photograph 
6requirement shall submit fingerprints on a form and manner 
7prescribed by the Illinois State Police Department with his or 
8her application. 
9 (a-25) Beginning January 1, 2023, each applicant for the 
10issuance of a Firearm Owner's Identification Card may include 
11a full set of his or her fingerprints in electronic format to 
12the Illinois State Police, unless the applicant has previously 
13provided a full set of his or her fingerprints to the Illinois 
14State Police under this Act or the Firearm Concealed Carry 
15Act.
16 The fingerprints must be transmitted through a live scan 
17fingerprint vendor licensed by the Department of Financial and 
18Professional Regulation. The fingerprints shall be checked 
19against the fingerprint records now and hereafter filed in the 
20Illinois State Police and Federal Bureau of Investigation 
21criminal history records databases, including all available 
22State and local criminal history record information files.
23 The Illinois State Police shall charge applicants a 
24one-time fee for conducting the criminal history record check, 
25which shall be deposited into the State Police Services Fund 
26and shall not exceed the actual cost of the State and national 
 
 
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1criminal history record check.
2 (a-26) The Illinois State Police shall research, explore, 
3and report to the General Assembly by January 1, 2022 on the 
4feasibility of permitting voluntarily submitted fingerprints 
5obtained for purposes other than Firearm Owner's 
6Identification Card enforcement that are contained in the 
7Illinois State Police database for purposes of this Act. 
8 (b) Each application form shall include the following 
9statement printed in
bold type: "Warning: Entering false 
10information on an application for a Firearm
Owner's 
11Identification Card is punishable as a Class 2 felony in 
12accordance
with subsection (d-5) of Section 14 of the Firearm 
13Owners Identification Card
Act.".

14 (c) Upon such written consent, pursuant to Section 4, 
15paragraph (a)(2)(i),
the parent or legal guardian giving the 
16consent shall be liable for any
damages resulting from the 
17applicant's use of firearms or firearm ammunition.

18(Source: P.A. 101-80, eff. 7-12-19; 102-237, eff. 1-1-22; 
19102-538, eff. 8-20-21; revised 10-12-21.)




20 (430 ILCS 65/8) (from Ch. 38, par. 83-8)

21 Sec. 8. Grounds for denial and revocation. The Illinois 
22State Police has authority to deny an
application for or to 
23revoke and seize a Firearm Owner's Identification
Card 
24previously issued under this Act only if the Illinois State 
25Police Department finds that the
applicant or the person to 
 
 
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1whom such card was issued is or was at the time
of issuance:

2  (a) A person under 21 years of age who has been 
3 convicted of a
misdemeanor other than a traffic offense or 
4 adjudged delinquent;

5  (b) This subsection (b) applies through the 180th day 
6 following July 12, 2019 (the effective date of Public Act 
7 101-80) this amendatory Act of the 101st General Assembly. 
8 A person under 21 years of age who does not have the 
9 written consent
of his parent or guardian to acquire and 
10 possess firearms and firearm
ammunition, or whose parent 
11 or guardian has revoked such written consent,
or where 
12 such parent or guardian does not qualify to have a Firearm 
13 Owner's
Identification Card;
14  (b-5) This subsection (b-5) applies on and after the 
15 181st day following July 12, 2019 (the effective date of 
16 Public Act 101-80) this amendatory Act of the 101st 
17 General Assembly. A person under 21 years of age who is not 
18 an active duty member of the United States Armed Forces 
19 and does not have the written consent
of his or her parent 
20 or guardian to acquire and possess firearms and firearm

21 ammunition, or whose parent or guardian has revoked such 
22 written consent,
or where such parent or guardian does not 
23 qualify to have a Firearm Owner's
Identification Card; 

24  (c) A person convicted of a felony under the laws of 
25 this or any other
jurisdiction;

26  (d) A person addicted to narcotics;

 
 
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1  (e) A person who has been a patient of a mental health 
2 facility within the
past 5 years or a person who has been a 
3 patient in a mental health facility more than 5 years ago 
4 who has not received the certification required under 
5 subsection (u) of this Section. An active law enforcement 
6 officer employed by a unit of government or a Department 
7 of Corrections employee authorized to possess firearms who 
8 is denied, revoked, or has his or her Firearm Owner's 
9 Identification Card seized under this subsection (e) may 
10 obtain relief as described in subsection (c-5) of Section 
11 10 of this Act if the officer or employee did not act in a 
12 manner threatening to the officer or employee, another 
13 person, or the public as determined by the treating 
14 clinical psychologist or physician, and the officer or 
15 employee seeks mental health treatment;

16  (f) A person whose mental condition is of such a 
17 nature that it poses
a clear and present danger to the 
18 applicant, any other person or persons, or
the community;

19  (g) A person who has an intellectual disability;

20  (h) A person who intentionally makes a false statement 
21 in the Firearm
Owner's Identification Card application;

22  (i) An alien who is unlawfully present in
the United 
23 States under the laws of the United States;

24  (i-5) An alien who has been admitted to the United 
25 States under a
non-immigrant visa (as that term is defined 
26 in Section 101(a)(26) of the
Immigration and Nationality 
 
 
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1 Act (8 U.S.C. 1101(a)(26))), except that this
subsection 
2 (i-5) does not apply to any alien who has been lawfully 
3 admitted to
the United States under a non-immigrant visa 
4 if that alien is:

5   (1) admitted to the United States for lawful 
6 hunting or sporting purposes;

7   (2) an official representative of a foreign 
8 government who is:

9    (A) accredited to the United States Government 
10 or the Government's
mission to an international 
11 organization having its headquarters in the United

12 States; or

13    (B) en route to or from another country to 
14 which that alien is
accredited;

15   (3) an official of a foreign government or 
16 distinguished foreign visitor
who has been so 
17 designated by the Department of State;

18   (4) a foreign law enforcement officer of a 
19 friendly foreign government
entering the United States 
20 on official business; or

21   (5) one who has received a waiver from the 
22 Attorney General of the United
States pursuant to 18 
23 U.S.C. 922(y)(3);

24  (j) (Blank);

25  (k) A person who has been convicted within the past 5 
26 years of battery,
assault, aggravated assault, violation 
 
 
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1 of an order of protection, or a
substantially similar 
2 offense in another jurisdiction, in which a firearm was

3 used or possessed;

4  (l) A person who has been convicted of domestic 
5 battery, aggravated domestic battery, or a substantially

6 similar offense in another jurisdiction committed before, 
7 on or after January 1, 2012 (the effective date of Public 
8 Act 97-158). If the applicant or person who has been 
9 previously issued a Firearm Owner's Identification Card 
10 under this Act knowingly and intelligently waives the 
11 right to have an offense described in this paragraph (l) 
12 tried by a jury, and by guilty plea or otherwise, results 
13 in a conviction for an offense in which a domestic 
14 relationship is not a required element of the offense but 
15 in which a determination of the applicability of 18 U.S.C. 
16 922(g)(9) is made under Section 112A-11.1 of the Code of 
17 Criminal Procedure of 1963, an entry by the court of a 
18 judgment of conviction for that offense shall be grounds 
19 for denying an application for and for revoking and 
20 seizing a Firearm Owner's Identification Card previously 
21 issued to the person under this Act;

22  (m) (Blank);

23  (n) A person who is prohibited from acquiring or 
24 possessing
firearms or firearm ammunition by any Illinois 
25 State statute or by federal
law;

26  (o) A minor subject to a petition filed under Section 
 
 
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1 5-520 of the
Juvenile Court Act of 1987 alleging that the 
2 minor is a delinquent minor for
the commission of an 
3 offense that if committed by an adult would be a felony;


4  (p) An adult who had been adjudicated a delinquent 
5 minor under the Juvenile
Court Act of 1987 for the 
6 commission of an offense that if committed by an
adult 
7 would be a felony;

8  (q) A person who is not a resident of the State of 
9 Illinois, except as provided in subsection (a-10) of 
10 Section 4; 
11  (r) A person who has been adjudicated as a person with 
12 a mental disability; 
13  (s) A person who has been found to have a 
14 developmental disability; 
15  (t) A person involuntarily admitted into a mental 
16 health facility; or 
17  (u) A person who has had his or her Firearm Owner's 
18 Identification Card revoked or denied under subsection (e) 
19 of this Section or item (iv) of paragraph (2) of 
20 subsection (a) of Section 4 of this Act because he or she 
21 was a patient in a mental health facility as provided in 
22 subsection (e) of this Section, shall not be permitted to 
23 obtain a Firearm Owner's Identification Card, after the 
24 5-year period has lapsed, unless he or she has received a 
25 mental health evaluation by a physician, clinical 
26 psychologist, or qualified examiner as those terms are 
 
 
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1 defined in the Mental Health and Developmental 
2 Disabilities Code, and has received a certification that 
3 he or she is not a clear and present danger to himself, 
4 herself, or others. The physician, clinical psychologist, 
5 or qualified examiner making the certification and his or 
6 her employer shall not be held criminally, civilly, or 
7 professionally liable for making or not making the 
8 certification required under this subsection, except for 
9 willful or wanton misconduct. This subsection does not 
10 apply to a person whose firearm possession rights have 
11 been restored through administrative or judicial action 
12 under Section 10 or 11 of this Act ; or
13  (v) On or after the effective date of this amendatory 
14 Act of the 102nd General Assembly if he or she is applying 
15 for or renewing a Firearm Owner's Identification Card that 
16 he or she has not completed at least 8 hours of handgun 
17 safety training approved by the Director of the Illinois 
18 State Police. 
19 Upon revocation of a person's Firearm Owner's 
20Identification Card, the Illinois State Police shall provide 
21notice to the person and the person shall comply with Section 
229.5 of this Act. 
23(Source: P.A. 101-80, eff. 7-12-19; 102-538, eff. 8-20-21; 
24102-645, eff. 1-1-22; revised 10-14-21.)


25 Section 95. The Criminal Code of 2012 is amended by 
 
 
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1changing Sections 24-3 and 24-3.5 as follows:



2 (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)


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

4 (A) A person commits the offense of unlawful sale or 
5delivery of firearms when he
or she knowingly does any of the 
6following:

7  (a) Sells or gives any firearm of a size which may be 
8 concealed upon the
person to any person under 18 years of 
9 age.

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

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

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

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

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

8  (g) Delivers any firearm, incidental to a sale, 
9 without withholding delivery of the firearm
for at least 
10 72 hours after application for its purchase has been made, 
11 or
delivers a stun gun or taser, incidental to a sale,

12 without withholding delivery of the stun gun or taser for

13 at least 24 hours after application for its purchase has 
14 been made.
However,
this paragraph (g) does not apply to: 
15 (1) the sale of a firearm
to a law enforcement officer if 
16 the seller of the firearm knows that the person to whom he 
17 or she is selling the firearm is a law enforcement officer 
18 or the sale of a firearm to a person who desires to 
19 purchase a firearm for
use in promoting the public 
20 interest incident to his or her employment as a
bank 
21 guard, armed truck guard, or other similar employment; (2) 
22 a mail
order sale of a firearm from a federally licensed 
23 firearms dealer to a nonresident of Illinois under which 
24 the firearm
is mailed to a federally licensed firearms 
25 dealer outside the boundaries of Illinois; (3) (blank); 
26 (4) the sale of a
firearm to a dealer licensed as a federal 
 
 
HB5535- 22 -LRB102 25390 RLC 35584 b


1 firearms dealer under Section 923
of the federal Gun 
2 Control Act of 1968 (18 U.S.C. 923); or (5) the transfer or 
3 sale of any rifle, shotgun, or other long gun to a resident 
4 registered competitor or attendee or non-resident 
5 registered competitor or attendee by any dealer licensed 
6 as a federal firearms dealer under Section 923 of the 
7 federal Gun Control Act of 1968 at competitive shooting 
8 events held at the World Shooting Complex sanctioned by a 
9 national governing body. For purposes of transfers or 
10 sales under subparagraph (5) of this paragraph (g), the 
11 Department of Natural Resources shall give notice to the 
12 Illinois State Police at least 30 calendar days prior to 
13 any competitive shooting events at the World Shooting 
14 Complex sanctioned by a national governing body. The 
15 notification shall be made on a form prescribed by the 
16 Illinois State Police. The sanctioning body shall provide 
17 a list of all registered competitors and attendees at 
18 least 24 hours before the events to the Illinois State 
19 Police. Any changes to the list of registered competitors 
20 and attendees shall be forwarded to the Illinois State 
21 Police as soon as practicable. The Illinois State Police 
22 must destroy the list of registered competitors and 
23 attendees no later than 30 days after the date of the 
24 event. Nothing in this paragraph (g) relieves a federally 
25 licensed firearm dealer from the requirements of 
26 conducting a NICS background check through the Illinois 
 
 
HB5535- 23 -LRB102 25390 RLC 35584 b


1 Point of Contact under 18 U.S.C. 922(t). For purposes of 
2 this paragraph (g), "application" means when the buyer and 
3 seller reach an agreement to purchase a firearm.
For 
4 purposes of this paragraph (g), "national governing body" 
5 means a group of persons who adopt rules and formulate 
6 policy on behalf of a national firearm sporting 
7 organization. 

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

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

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

24  (j) Sells or gives a firearm while engaged in the 
25 business of selling
firearms at wholesale or retail 
26 without being licensed as a federal firearms
dealer under 
 
 
HB5535- 24 -LRB102 25390 RLC 35584 b


1 Section 923 of the federal Gun Control Act of 1968 (18 
2 U.S.C.
923). In this paragraph (j):

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

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

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

17 repetitive purchase and disposition of firearms for 
18 criminal purposes or
terrorism.

19  (k) Sells or transfers ownership of a firearm to a 
20 person who does not display to the seller or transferor of 
21 the firearm either: (1) a currently valid Firearm Owner's 
22 Identification Card that has previously been issued in the 
23 transferee's name by the Illinois State Police under the 
24 provisions of the Firearm Owners Identification Card Act; 
25 or (2) a currently valid license to carry a concealed 
26 firearm that has previously been issued in the 
 
 
HB5535- 25 -LRB102 25390 RLC 35584 b


1 transferee's name by the
Illinois State Police under the 
2 Firearm Concealed Carry Act. This paragraph (k) does not 
3 apply to the transfer of a firearm to a person who is 
4 exempt from the requirement of possessing a Firearm 
5 Owner's Identification Card under Section 2 of the Firearm 
6 Owners Identification Card Act. For the purposes of this 
7 Section, a currently valid Firearm Owner's Identification 
8 Card or license to carry a concealed firearm means receipt 
9 of an approval number issued in accordance with subsection 
10 (a-10) of Section subsection 3 or Section 3.1 of the 
11 Firearm Owners Identification Card Act.
12   (1) In addition to the other requirements of this 
13 paragraph (k), all persons who are not federally 
14 licensed firearms dealers must also have complied with 
15 subsection (a-10) of Section 3 of the Firearm Owners 
16 Identification Card Act by determining the validity of 
17 a purchaser's Firearm Owner's Identification Card.
18   (2) All sellers or transferors who have complied 
19 with the requirements of subparagraph (1) of this 
20 paragraph (k) shall not be liable for damages in any 
21 civil action arising from the use or misuse by the 
22 transferee of the firearm transferred, except for 
23 willful or wanton misconduct on the part of the seller 
24 or transferor. 
25  (l) Not
being entitled to the possession of a firearm, 
26 delivers the
firearm, knowing it to have been stolen or 
 
 
HB5535- 26 -LRB102 25390 RLC 35584 b


1 converted. It may be inferred that
a person who possesses 
2 a firearm with knowledge that its serial number has
been 
3 removed or altered has knowledge that the firearm is 
4 stolen or converted. 
5 (B) Paragraph (h) of subsection (A) does not include 
6firearms sold within 6
months after enactment of Public
Act 
778-355 (approved August 21, 1973, effective October 1, 1973), 
8nor is any
firearm legally owned or
possessed by any citizen or 
9purchased by any citizen within 6 months after the
enactment 
10of Public Act 78-355 subject
to confiscation or seizure under 
11the provisions of that Public Act. Nothing in
Public Act 
1278-355 shall be construed to prohibit the gift or trade of
any 
13firearm if that firearm was legally held or acquired within 6 
14months after
the enactment of that Public Act.

15  (m) Sells or gives a firearm to a person who does not 
16 display to the seller or transferor a permit to purchase 
17 the firearm issued by the local law enforcement agency 
18 under Section 3.4 of the Firearm Owners Identification 
19 Card Act. 
20 (C) Sentence.

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

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

 
 
HB5535- 27 -LRB102 25390 RLC 35584 b


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

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

18 comprising a school, within 1,000 feet of the real 
19 property comprising a
school, at a school related 
20 activity, or on or within 1,000 feet of any
conveyance 
21 owned, leased, or contracted by a school or school 
22 district to
transport students to or from school or a 
23 school related activity,
regardless of the time of day or 
24 time of year at which the offense
was committed, commits a 
25 Class 1 felony for which the sentence shall be a
term of 
26 imprisonment of no less than 5 years and no more than 15 
 
 
HB5535- 28 -LRB102 25390 RLC 35584 b


1 years.

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

18  (6) Any person convicted of unlawful sale or delivery 
19 of firearms in violation of
paragraph (j) of subsection 
20 (A) commits a Class A misdemeanor. A second or
subsequent 
21 violation is a Class 4 felony.
22  (7) Any person convicted of unlawful sale or delivery 
23 of firearms in violation of paragraph (k) of subsection 
24 (A) commits a Class 4 felony, except that a violation of 
25 subparagraph (1) of paragraph (k) of subsection (A) shall 
26 not be punishable as a crime or petty offense. A third or 
 
 
HB5535- 29 -LRB102 25390 RLC 35584 b


1 subsequent conviction for a violation of paragraph (k) of 
2 subsection (A) is a Class 1 felony.


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

 
 
HB5535- 30 -LRB102 25390 RLC 35584 b


1 years if the delivery is of not less than 6 and not more 
2 than 10 firearms at the
same time or within a 2-year 2 year 
3 period. Any person convicted of unlawful sale or delivery 
4 of firearms in violation of paragraph (l) of subsection 
5 (A) commits a Class X felony for which he or she shall be 
6 sentenced
to a term of imprisonment of not less than 6 
7 years and not more than 40
years if the delivery is of not 
8 less than 11 and not more than 20 firearms at the
same time 
9 or within a 3-year 3 year period. Any person convicted of 
10 unlawful sale or delivery of firearms in violation of 
11 paragraph (l) of subsection (A) commits a Class X felony 
12 for which he or she shall be sentenced
to a term of 
13 imprisonment of not less than 6 years and not more than 50

14 years if the delivery is of not less than 21 and not more 
15 than 30 firearms at the
same time or within a 4-year 4 year 
16 period. Any person convicted of unlawful sale or delivery 
17 of firearms in violation of paragraph (l) of subsection 
18 (A) commits a Class X felony for which he or she shall be 
19 sentenced
to a term of imprisonment of not less than 6 
20 years and not more than 60
years if the delivery is of 31 
21 or more firearms at the
same time or within a 5-year 5 year 
22 period. 
23  (11) Any person convicted of unlawful sale or delivery 
24 of firearms in violation of
paragraph (m) of subsection 
25 (A) commits a Class 1 felony. 
26 (D) For purposes of this Section:

 
 
HB5535- 31 -LRB102 25390 RLC 35584 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 
6in part 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. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; 
15revised 10-12-21.)





16 (720 ILCS 5/24-3.5)


17 Sec. 24-3.5. Unlawful purchase of a firearm. 

18 (a) For purposes of this Section,
"firearms transaction 
19record form" means a form:


20  (1) executed by a transferee
of a firearm stating: (i) 
21 the transferee's name and address (including county
or 
22 similar political subdivision); (ii) whether the 
23 transferee is a citizen of
the United States;
(iii) the 
24 transferee's State of residence; and (iv) the date and 
25 place of
birth, height, weight, and race of the 
 
 
HB5535- 32 -LRB102 25390 RLC 35584 b


1 transferee; and


2  (2) on which the transferee certifies that he or she 
3 is not
prohibited by federal law from transporting or 
4 shipping a firearm
in interstate or foreign commerce or 
5 receiving a firearm that has been shipped
or transported 
6 in interstate or foreign commerce or possessing a firearm 
7 in or
affecting commerce.

8 (b) A person commits the offense of unlawful purchase of a 
9firearm who
knowingly purchases or attempts to purchase a

10firearm with the intent to deliver that firearm to another 
11person who
is prohibited by federal or State law from 
12possessing a firearm.

13 (c) A person commits the offense of unlawful purchase of a 
14firearm when he
or she, in purchasing or attempting to 
15purchase a firearm, intentionally
provides false or
misleading 
16information on a United States Department of the Treasury, 
17Bureau of
Alcohol, Tobacco and Firearms firearms transaction 
18record form.

19 (c-5) A person commits the offense of unlawful purchase of 
20a firearm when he
or she, in purchasing or attempting to 
21purchase a firearm does not display to the seller or 
22transferor of the firearm a permit to purchase the firearm 
23issued by the local law enforcement agency under Section 3.4 
24of the Firearm Owners Identification Card Act. 
25 (d) Exemption. It is not a violation of subsection (b) of 
26this Section for a
person to make a gift or loan of a firearm 
 
 
HB5535- 33 -LRB102 25390 RLC 35584 b


1to a
person who is not
prohibited by federal or State law from 
2possessing a firearm
if the transfer of the firearm
is made in 
3accordance with Section 3 of the Firearm Owners Identification 
4Card
Act.

5 (e) Sentence.


6  (1) A person who commits the offense of unlawful 
7 purchase of a
firearm:


8   (A) is guilty of a Class 2 felony for purchasing or 
9 attempting to
purchase one firearm;


10   (B) is guilty of a Class 1 felony for purchasing or 
11 attempting to
purchase not less than 2
firearms and 
12 not more than 5 firearms at the same time or within a 
13 one
year period;


14   (C) is guilty of a Class X felony for which the 
15 offender shall be sentenced to a term of imprisonment 
16 of not less than 9 years and not more than 40 years for 
17 purchasing or attempting to
purchase not less than 6

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

19   (D) is guilty of a Class 2 felony for purchasing or 
20 attempting to
purchase a firearm in violation of 
21 subsection (c-5). 

22  (2) In addition to any other penalty that may be 
23 imposed for a violation
of this Section, the court may 
24 sentence a person convicted of a violation of
subsection 
25 (c) of this Section to a fine not to exceed $250,000 for 
26 each
violation.

 
 
HB5535- 34 -LRB102 25390 RLC 35584 b


1 (f) A prosecution for unlawful purchase of a firearm may 
2be commenced within 6 years after the commission of the 
3offense.

4(Source: P.A. 95-882, eff. 1-1-09.)