103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3239

Introduced , by Rep. Maura Hirschauer

SYNOPSIS AS INTRODUCED:

`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`

Amends the Firearm Owners Identification Card Act. Provides that, 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.

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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 5.The Firearm Owners Identification Card Act is

5 amended by changing Sections 4 and 8 and by adding Section 3.4

6 as follows:

7 (430 ILCS 65/3.4 new)

8 Sec. 3.4. Firearms transfers; permits.

9 (a) Notwithstanding any other law to the contrary, each

10 local law enforcement agency shall issue a firearm permit to

11 an applicant who seeks the purchase of a firearm to verify the

12 identity of the purchaser and shall complete a full criminal

13 background check of the applicant that includes obtaining

14 fingerprints from the prospective firearm purchaser.

15 (b) Each local law enforcement agency shall keep records

16 of those permits and make them available to the Illinois State

17 Police through the Law Enforcement Agencies Data System

18 (LEADS).

19 (c) The duration of the permit shall be 10 days after its

20 issuance.

21 (d) The local law enforcement agency may deny a permit to

22 purchase a firearm to an applicant if the agency, in its

23 discretion, believes it is in the interest of public safety.

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1 (e) Prior to the purchase of a firearm, a person must

2 submit the permit issued by the local law enforcement agency

3 to the dealer or transferor of the firearm.

4 (f) In this Section, "local law enforcement agency" means

5 the municipal police department of the municipality in which

6 the applicant for the firearm purchase resides, or if the

7 applicant resides in an unincorporated area, or if no

8 municipal police department exists in the applicant's

9 municipality of residence, then "local law enforcement agency"

10 means the office of the sheriff of the county of the

11 applicant's residence.

12 (430 ILCS 65/4) (from Ch. 38, par. 83-4)

13 Sec. 4. Application for Firearm Owner's Identification

14 Cards.

15 (a) Each applicant for a Firearm Owner's Identification

16 Card must:

17 (1) Submit an application as made available by the

18 Illinois State Police; and

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

20 (i) This subparagraph (i) applies through the

21 180th day following July 12, 2019 (the effective date

22 of Public Act 101-80). He or she is 21 years of age or

23 over, or if he or she is under 21 years of age that he

24 or she has the written consent of his or her parent or

25 legal guardian to possess and acquire firearms and

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1 firearm ammunition and that he or she has never been

2 convicted of a misdemeanor other than a traffic

3 offense or adjudged delinquent, provided, however,

4 that such parent or legal guardian is not an

5 individual prohibited from having a Firearm Owner's

6 Identification Card and files an affidavit with the

7 Department as prescribed by the Department stating

8 that he or she is not an individual prohibited from

9 having a Card;

10 (i-5) This subparagraph (i-5) applies on and after

11 the 181st day following July 12, 2019 (the effective

12 date of Public Act 101-80). He or she is 21 years of

13 age or over, or if he or she is under 21 years of age

14 that he or she has never been convicted of a

15 misdemeanor other than a traffic offense or adjudged

16 delinquent and is an active duty member of the United

17 States Armed Forces or the Illinois National Guard or

18 has the written consent of his or her parent or legal

19 guardian to possess and acquire firearms and firearm

20 ammunition, provided, however, that such parent or

21 legal guardian is not an individual prohibited from

22 having a Firearm Owner's Identification Card and files

23 an affidavit with the Illinois State Police as

24 prescribed by the Illinois State Police stating that

25 he or she is not an individual prohibited from having a

26 Card or the active duty member of the United States

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1 Armed Forces or the Illinois National Guard under 21

2 years of age annually submits proof to the Illinois

3 State Police, in a manner prescribed by the Illinois

4 State Police;

5 (ii) He or she has not been convicted of a felony

6 under the laws of this or any other jurisdiction;

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

8 (iv) He or she has not been a patient in a mental

9 health facility within the past 5 years or, if he or

10 she has been a patient in a mental health facility more

11 than 5 years ago submit the certification required

12 under subsection (u) of Section 8 of this Act;

13 (v) He or she is not a person with an intellectual

14 disability;

15 (vi) He or she is not a noncitizen who is

16 unlawfully present in the United States under the laws

17 of the United States;

18 (vii) He or she is not subject to an existing order

19 of protection prohibiting him or her from possessing a

20 firearm;

21 (viii) He or she has not been convicted within the

22 past 5 years of battery, assault, aggravated assault,

23 violation of an order of protection, or a

24 substantially similar offense in another jurisdiction,

25 in which a firearm was used or possessed;

26 (ix) He or she has not been convicted of domestic

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1 battery, aggravated domestic battery, or a

2 substantially similar offense in another jurisdiction

3 committed before, on or after January 1, 2012 (the

4 effective date of Public Act 97-158). If the applicant

5 knowingly and intelligently waives the right to have

6 an offense described in this clause (ix) tried by a

7 jury, and by guilty plea or otherwise, results in a

8 conviction for an offense in which a domestic

9 relationship is not a required element of the offense

10 but in which a determination of the applicability of

11 18 U.S.C. 922(g)(9) is made under Section 112A-11.1 of

12 the Code of Criminal Procedure of 1963, an entry by the

13 court of a judgment of conviction for that offense

14 shall be grounds for denying the issuance of a Firearm

15 Owner's Identification Card under this Section;

16 (x) (Blank);

17 (xi) He or she is not a noncitizen who has been

18 admitted to the United States under a non-immigrant

19 visa (as that term is defined in Section 101(a)(26) of

20 the Immigration and Nationality Act (8 U.S.C.

21 1101(a)(26))), or that he or she is a noncitizen who

22 has been lawfully admitted to the United States under

23 a non-immigrant visa if that noncitizen is:

24 (1) admitted to the United States for lawful

25 hunting or sporting purposes;

26 (2) an official representative of a foreign

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1 government who is:

2 (A) accredited to the United States

3 Government or the Government's mission to an

4 international organization having its

5 headquarters in the United States; or

6 (B) en route to or from another country to

7 which that noncitizen is accredited;

8 (3) an official of a foreign government or

9 distinguished foreign visitor who has been so

10 designated by the Department of State;

11 (4) a foreign law enforcement officer of a

12 friendly foreign government entering the United

13 States on official business; or

14 (5) one who has received a waiver from the

15 Attorney General of the United States pursuant to

16 18 U.S.C. 922(y)(3);

17 (xii) He or she is not a minor subject to a

18 petition filed under Section 5-520 of the Juvenile

19 Court Act of 1987 alleging that the minor is a

20 delinquent minor for the commission of an offense that

21 if committed by an adult would be a felony;

22 (xiii) He or she is not an adult who had been

23 adjudicated a delinquent minor under the Juvenile

24 Court Act of 1987 for the commission of an offense that

25 if committed by an adult would be a felony;

26 (xiv) He or she is a resident of the State of

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1 Illinois;

2 (xv) He or she has not been adjudicated as a person

3 with a mental disability;

4 (xvi) He or she has not been involuntarily

5 admitted into a mental health facility; ~~and~~

6 (xvii) He or she is not a person with a

7 developmental disability; and

8 (xviii) If he or she is applying for or renewing a

9 Firearm Owner's Identification Card, that he or she has

10 completed at least 8 hours of handgun safety training

11 approved by the Director of the Illinois State Police; and

12 (3) Upon request by the Illinois State Police, sign a

13 release on a form prescribed by the Illinois State Police

14 waiving any right to confidentiality and requesting the

15 disclosure to the Illinois State Police of limited mental

16 health institution admission information from another

17 state, the District of Columbia, any other territory of

18 the United States, or a foreign nation concerning the

19 applicant for the sole purpose of determining whether the

20 applicant is or was a patient in a mental health

21 institution and disqualified because of that status from

22 receiving a Firearm Owner's Identification Card. No mental

23 health care or treatment records may be requested. The

24 information received shall be destroyed within one year of

25 receipt.

26 (a-5) Each applicant for a Firearm Owner's Identification

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1 Card who is over the age of 18 shall furnish to the Illinois

2 State Police either his or her Illinois driver's license

3 number or Illinois Identification Card number, except as

4 provided in subsection (a-10).

5 (a-10) Each applicant for a Firearm Owner's Identification

6 Card, who is employed as a law enforcement officer, an armed

7 security officer in Illinois, or by the United States Military

8 permanently assigned in Illinois and who is not an Illinois

9 resident, shall furnish to the Illinois State Police his or

10 her driver's license number or state identification card

11 number from his or her state of residence. The Illinois State

12 Police may adopt rules to enforce the provisions of this

13 subsection (a-10).

14 (a-15) If an applicant applying for a Firearm Owner's

15 Identification Card moves from the residence address named in

16 the application, he or she shall immediately notify in a form

17 and manner prescribed by the Illinois State Police of that

18 change of address.

19 (a-20) Each applicant for a Firearm Owner's Identification

20 Card shall furnish to the Illinois State Police his or her

21 photograph. An applicant who is 21 years of age or older

22 seeking a religious exemption to the photograph requirement

23 must furnish with the application an approved copy of United

24 States Department of the Treasury Internal Revenue Service

25 Form 4029. In lieu of a photograph, an applicant regardless of

26 age seeking a religious exemption to the photograph

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1 requirement shall submit fingerprints on a form and manner

2 prescribed by the Illinois State Police with his or her

3 application.

4 (a-25) Beginning January 1, 2023, each applicant for the

5 issuance of a Firearm Owner's Identification Card may include

6 a full set of his or her fingerprints in electronic format to

7 the Illinois State Police, unless the applicant has previously

8 provided a full set of his or her fingerprints to the Illinois

9 State Police under this Act or the Firearm Concealed Carry

10 Act.

11 The fingerprints must be transmitted through a live scan

12 fingerprint vendor licensed by the Department of Financial and

13 Professional Regulation. The fingerprints shall be checked

14 against the fingerprint records now and hereafter filed in the

15 Illinois State Police and Federal Bureau of Investigation

16 criminal history records databases, including all available

17 State and local criminal history record information files.

18 The Illinois State Police shall charge applicants a

19 one-time fee for conducting the criminal history record check,

20 which shall be deposited into the State Police Services Fund

21 and shall not exceed the actual cost of the State and national

22 criminal history record check.

23 (a-26) The Illinois State Police shall research, explore,

24 and report to the General Assembly by January 1, 2022 on the

25 feasibility of permitting voluntarily submitted fingerprints

26 obtained for purposes other than Firearm Owner's

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1 Identification Card enforcement that are contained in the

2 Illinois State Police database for purposes of this Act.

3 (b) Each application form shall include the following

4 statement printed in bold type: "Warning: Entering false

5 information on an application for a Firearm Owner's

6 Identification Card is punishable as a Class 2 felony in

7 accordance with subsection (d-5) of Section 14 of the Firearm

8 Owners Identification Card Act.".

9 (c) Upon such written consent, pursuant to Section 4,

10 paragraph (a)(2)(i), the parent or legal guardian giving the

11 consent shall be liable for any damages resulting from the

12 applicant's use of firearms or firearm ammunition.

13 (Source: P.A. 101-80, eff. 7-12-19; 102-237, eff. 1-1-22;

14 102-538, eff. 8-20-21; 102-813, eff. 5-13-22; 102-1030, eff.

15 5-27-22; 102-1116, eff. 1-10-23.)

16 (430 ILCS 65/8) (from Ch. 38, par. 83-8)

17 Sec. 8. Grounds for denial and revocation. The Illinois

18 State Police has authority to deny an application for or to

19 revoke and seize a Firearm Owner's Identification Card

20 previously issued under this Act only if the Illinois State

21 Police finds that the applicant or the person to whom such card

22 was issued is or was at the time of issuance:

23 (a) A person under 21 years of age who has been

24 convicted of a misdemeanor other than a traffic offense or

25 adjudged delinquent;

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1 (b) This subsection (b) applies through the 180th day

2 following July 12, 2019 (the effective date of Public Act

3 101-80). A person under 21 years of age who does not have

4 the written consent of his parent or guardian to acquire

5 and possess firearms and firearm ammunition, or whose

6 parent or guardian has revoked such written consent, or

7 where such parent or guardian does not qualify to have a

8 Firearm Owner's Identification Card;

9 (b-5) This subsection (b-5) applies on and after the

10 181st day following July 12, 2019 (the effective date of

11 Public Act 101-80). A person under 21 years of age who is

12 not an active duty member of the United States Armed

13 Forces or the Illinois National Guard and does not have

14 the written consent of his or her parent or guardian to

15 acquire and possess firearms and firearm ammunition, or

16 whose parent or guardian has revoked such written consent,

17 or where such parent or guardian does not qualify to have a

18 Firearm Owner's Identification Card;

19 (c) A person convicted of a felony under the laws of

20 this or any other jurisdiction;

21 (d) A person addicted to narcotics;

22 (e) A person who has been a patient of a mental health

23 facility within the past 5 years or a person who has been a

24 patient in a mental health facility more than 5 years ago

25 who has not received the certification required under

26 subsection (u) of this Section. An active law enforcement

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1 officer employed by a unit of government or a Department

2 of Corrections employee authorized to possess firearms who

3 is denied, revoked, or has his or her Firearm Owner's

4 Identification Card seized under this subsection (e) may

5 obtain relief as described in subsection (c-5) of Section

6 10 of this Act if the officer or employee did not act in a

7 manner threatening to the officer or employee, another

8 person, or the public as determined by the treating

9 clinical psychologist or physician, and the officer or

10 employee seeks mental health treatment;

11 (f) A person whose mental condition is of such a

12 nature that it poses a clear and present danger to the

13 applicant, any other person or persons, or the community;

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

15 (h) A person who intentionally makes a false statement

16 in the Firearm Owner's Identification Card application or

17 endorsement affidavit;

18 (i) A noncitizen who is unlawfully present in the

19 United States under the laws of the United States;

20 (i-5) A noncitizen who has been admitted to the United

21 States under a non-immigrant visa (as that term is defined

22 in Section 101(a)(26) of the Immigration and Nationality

23 Act (8 U.S.C. 1101(a)(26))), except that this subsection

24 (i-5) does not apply to any noncitizen who has been

25 lawfully admitted to the United States under a

26 non-immigrant visa if that noncitizen 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 Government

6 or the Government's mission to an international

7 organization having its headquarters in the United

8 States; or

9 (B) en route to or from another country to

10 which that noncitizen 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 States

16 on official business; or

17 (5) one who has received a waiver from the

18 Attorney General of the United States pursuant to 18

19 U.S.C. 922(y)(3);

20 (j) (Blank);

21 (k) A person who has been convicted within the past 5

22 years of battery, assault, aggravated assault, violation

23 of an order of protection, or a substantially similar

24 offense in another jurisdiction, in which a firearm was

25 used or possessed;

26 (l) A person who has been convicted of domestic

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1 battery, aggravated domestic battery, or a substantially

2 similar offense in another jurisdiction committed before,

3 on or after January 1, 2012 (the effective date of Public

4 Act 97-158). If the applicant or person who has been

5 previously issued a Firearm Owner's Identification Card

6 under this Act knowingly and intelligently waives the

7 right to have an offense described in this paragraph (l)

8 tried by a jury, and by guilty plea or otherwise, results

9 in a conviction for an offense in which a domestic

10 relationship is not a required element of the offense but

11 in which a determination of the applicability of 18 U.S.C.

12 922(g)(9) is made under Section 112A-11.1 of the Code of

13 Criminal Procedure of 1963, an entry by the court of a

14 judgment of conviction for that offense shall be grounds

15 for denying an application for and for revoking and

16 seizing a Firearm Owner's Identification Card previously

17 issued to the person under this Act;

18 (m) (Blank);

19 (n) A person who is prohibited from acquiring or

20 possessing firearms or firearm ammunition by any Illinois

21 State statute or by federal law;

22 (o) A minor subject to a petition filed under Section

23 5-520 of the Juvenile Court Act of 1987 alleging that the

24 minor is a delinquent minor for the commission of an

25 offense that if committed by an adult would be a felony;

26 (p) An adult who had been adjudicated a delinquent

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1 minor under the Juvenile Court Act of 1987 for the

2 commission of an offense that if committed by an adult

3 would be a felony;

4 (q) A person who is not a resident of the State of

5 Illinois, except as provided in subsection (a-10) of

6 Section 4;

7 (r) A person who has been adjudicated as a person with

8 a mental disability;

9 (s) A person who has been found to have a

10 developmental disability;

11 (t) A person involuntarily admitted into a mental

12 health facility; ~~or~~

13 (u) A person who has had his or her Firearm Owner's

14 Identification Card revoked or denied under subsection (e)

15 of this Section or item (iv) of paragraph (2) of

16 subsection (a) of Section 4 of this Act because he or she

17 was a patient in a mental health facility as provided in

18 subsection (e) of this Section, shall not be permitted to

19 obtain a Firearm Owner's Identification Card, after the

20 5-year period has lapsed, unless he or she has received a

21 mental health evaluation by a physician, clinical

22 psychologist, or qualified examiner as those terms are

23 defined in the Mental Health and Developmental

24 Disabilities Code, and has received a certification that

25 he or she is not a clear and present danger to himself,

26 herself, or others. The physician, clinical psychologist,

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1 or qualified examiner making the certification and his or

2 her employer shall not be held criminally, civilly, or

3 professionally liable for making or not making the

4 certification required under this subsection, except for

5 willful or wanton misconduct. This subsection does not

6 apply to a person whose firearm possession rights have

7 been restored through administrative or judicial action

8 under Section 10 or 11 of this Act ; or ~~.~~

9 (v) A person who is applying for or renewing a Firearm

10 Owner's Identification Card and has not completed at least

11 8 hours of handgun safety training approved by the

12 Director of the Illinois State Police.

13 Upon revocation of a person's Firearm Owner's

14 Identification Card, the Illinois State Police shall provide

15 notice to the person and the person shall comply with Section

16 9.5 of this Act.

17 (Source: P.A. 101-80, eff. 7-12-19; 102-538, eff. 8-20-21;

18 102-645, eff. 1-1-22; 102-813, eff. 5-13-22; 102-1030, eff.

19 5-27-22; 102-1116, eff. 1-10-23.)

20 Section 95. The Criminal Code of 2012 is amended by

21 changing Sections 24-3 and 24-3.5 as follows:

22 (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)

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

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

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

2 following:

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

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

5 age.

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

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

8 than a traffic offense or adjudged delinquent.

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

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

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

12 other jurisdiction.

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

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

15 years. In this subsection (e):

16 "Mental institution" means any hospital,

17 institution, clinic, evaluation facility, mental

18 health center, or part thereof, which is used

19 primarily for the care or treatment of persons with

20 mental illness.

21 "Patient in a mental institution" means the person

22 was admitted, either voluntarily or involuntarily, to

23 a mental institution for mental health treatment,

24 unless the treatment was voluntary and solely for an

25 alcohol abuse disorder and no other secondary

26 substance abuse disorder or mental illness.

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

2 person with an intellectual disability.

3 (g) Delivers any firearm, incidental to a sale,

4 without withholding delivery of the firearm for at least

5 72 hours after application for its purchase has been made,

6 or delivers a stun gun or taser, incidental to a sale,

7 without withholding delivery of the stun gun or taser for

8 at least 24 hours after application for its purchase has

9 been made. However, this paragraph (g) does not apply to:

10 (1) the sale of a firearm to a law enforcement officer if

11 the seller of the firearm knows that the person to whom he

12 or she is selling the firearm is a law enforcement officer

13 or the sale of a firearm to a person who desires to

14 purchase a firearm for use in promoting the public

15 interest incident to his or her employment as a bank

16 guard, armed truck guard, or other similar employment; (2)

17 a mail order sale of a firearm from a federally licensed

18 firearms dealer to a nonresident of Illinois under which

19 the firearm is mailed to a federally licensed firearms

20 dealer outside the boundaries of Illinois; (3) (blank);

21 (4) the sale of a firearm to a dealer licensed as a federal

22 firearms dealer under Section 923 of the federal Gun

23 Control Act of 1968 (18 U.S.C. 923); or (5) the transfer or

24 sale of any rifle, shotgun, or other long gun to a resident

25 registered competitor or attendee or non-resident

26 registered competitor or attendee by any dealer licensed

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1 as a federal firearms dealer under Section 923 of the

2 federal Gun Control Act of 1968 at competitive shooting

3 events held at the World Shooting Complex sanctioned by a

4 national governing body. For purposes of transfers or

5 sales under subparagraph (5) of this paragraph (g), the

6 Department of Natural Resources shall give notice to the

7 Illinois State Police at least 30 calendar days prior to

8 any competitive shooting events at the World Shooting

9 Complex sanctioned by a national governing body. The

10 notification shall be made on a form prescribed by the

11 Illinois State Police. The sanctioning body shall provide

12 a list of all registered competitors and attendees at

13 least 24 hours before the events to the Illinois State

14 Police. Any changes to the list of registered competitors

15 and attendees shall be forwarded to the Illinois State

16 Police as soon as practicable. The Illinois State Police

17 must destroy the list of registered competitors and

18 attendees no later than 30 days after the date of the

19 event. Nothing in this paragraph (g) relieves a federally

20 licensed firearm dealer from the requirements of

21 conducting a NICS background check through the Illinois

22 Point of Contact under 18 U.S.C. 922(t). For purposes of

23 this paragraph (g), "application" means when the buyer and

24 seller reach an agreement to purchase a firearm. For

25 purposes of this paragraph (g), "national governing body"

26 means a group of persons who adopt rules and formulate

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1 policy on behalf of a national firearm sporting

2 organization.

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

4 manufacturer or pawnbroker under the federal Gun Control

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

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

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

8 other nonhomogeneous metal which will melt or deform at a

9 temperature of less than 800 degrees Fahrenheit. For

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

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

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

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

14 combination of parts from which such a firearm can be

15 assembled.

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

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

18 Owner's Identification Card.

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

20 business of selling firearms at wholesale or retail

21 without being licensed as a federal firearms dealer under

22 Section 923 of the federal Gun Control Act of 1968 (18

23 U.S.C. 923). In this paragraph (j):

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

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

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

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1 principal objective of livelihood and profit, but does not

2 include a person who makes occasional repairs of firearms

3 or who occasionally fits special barrels, stocks, or

4 trigger mechanisms to firearms.

5 "With the principal objective of livelihood and

6 profit" means that the intent underlying the sale or

7 disposition of firearms is predominantly one of obtaining

8 livelihood and pecuniary gain, as opposed to other

9 intents, such as improving or liquidating a personal

10 firearms collection; however, proof of profit shall not be

11 required as to a person who engages in the regular and

12 repetitive purchase and disposition of firearms for

13 criminal purposes or terrorism.

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

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

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

17 Identification Card that has previously been issued in the

18 transferee's name by the Illinois State Police under the

19 provisions of the Firearm Owners Identification Card Act;

20 or (2) a currently valid license to carry a concealed

21 firearm that has previously been issued in the

22 transferee's name by the Illinois State Police under the

23 Firearm Concealed Carry Act. This paragraph (k) does not

24 apply to the transfer of a firearm to a person who is

25 exempt from the requirement of possessing a Firearm

26 Owner's Identification Card under Section 2 of the Firearm

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1 Owners Identification Card Act. For the purposes of this

2 Section, a currently valid Firearm Owner's Identification

3 Card or license to carry a concealed firearm means receipt

4 of an approval number issued in accordance with subsection

5 (a-10) of Section 3 or Section 3.1 of the Firearm Owners

6 Identification Card Act.

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

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

9 licensed firearms dealers must also have complied with

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

11 Identification Card Act by determining the validity of

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

13 (2) All sellers or transferors who have complied

14 with the requirements of subparagraph (1) of this

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

16 civil action arising from the use or misuse by the

17 transferee of the firearm transferred, except for

18 willful or wanton misconduct on the part of the seller

19 or transferor.

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

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

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

23 a firearm with knowledge that its serial number has been

24 removed or altered has knowledge that the firearm is

25 stolen or converted.

26 (m) Sells or gives a firearm to a person who does not

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1 display to the seller or transferor a permit to purchase

2 the firearm issued by the local law enforcement agency

3 under Section 3.4 of the Firearm Owners Identification

4 Card Act.

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

6 firearms sold within 6 months after enactment of Public Act

7 78-355 (approved August 21, 1973, effective October 1, 1973),

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

9 purchased by any citizen within 6 months after the enactment

10 of Public Act 78-355 subject to confiscation or seizure under

11 the provisions of that Public Act. Nothing in Public Act

12 78-355 shall be construed to prohibit the gift or trade of any

13 firearm if that firearm was legally held or acquired within 6

14 months after the enactment of that Public Act.

15 (C) Sentence.

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

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

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

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

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

21 subsection (A) commits a Class 3 felony.

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

23 of firearms in violation of paragraph (a) of subsection

24 (A) commits a Class 2 felony.

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

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

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

2 comprising a school, within 1,000 feet of the real

3 property comprising a school, at a school related

4 activity, or on or within 1,000 feet of any conveyance

5 owned, leased, or contracted by a school or school

6 district to transport students to or from school or a

7 school related activity, regardless of the time of day or

8 time of year at which the offense was committed, commits a

9 Class 1 felony. Any person convicted of a second or

10 subsequent violation of unlawful sale or delivery of

11 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 for which the sentence shall be a term of

21 imprisonment of no less than 5 years and no more than 15

22 years.

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

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

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

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

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

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

3 residential property owned, operated, or managed by a

4 public housing agency or leased by a public housing agency

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

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

7 real property comprising any courthouse, or on any public

8 way within 1,000 feet of the real property comprising any

9 public park, courthouse, or residential property owned,

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

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

12 mixed-income development commits a Class 2 felony.

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

14 of firearms in violation of paragraph (j) of subsection

15 (A) commits a Class A misdemeanor. A second or subsequent

16 violation is a Class 4 felony.

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

18 of firearms in violation of paragraph (k) of subsection

19 (A) commits a Class 4 felony, except that a violation of

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

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

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

23 subsection (A) is a Class 1 felony.

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

25 unlawful sale or delivery of firearms in violation of

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

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

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

3 forcible felony, shall be fined or imprisoned, or both,

4 not to exceed the maximum provided for the most serious

5 forcible felony so committed or attempted by the person

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

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

8 of firearms in violation of paragraph (d) of subsection

9 (A) commits a Class 3 felony.

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

11 of firearms in violation of paragraph (l) of subsection

12 (A) commits a Class 2 felony if the delivery is of one

13 firearm. Any person convicted of unlawful sale or delivery

14 of firearms in violation of paragraph (l) of subsection

15 (A) commits a Class 1 felony if the delivery is of not less

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

17 within a one-year period. Any person convicted of unlawful

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

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

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

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

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

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

24 person convicted of unlawful sale or delivery of firearms

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

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

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

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

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

4 3-year period. Any person convicted of unlawful sale or

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

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

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

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

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

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

11 of unlawful sale or delivery of firearms in violation of

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

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

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

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

16 time or within a 5-year period.

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

18 of firearms in violation of paragraph (m) of subsection

19 (A) commits a Class 1 felony.

20 (D) For purposes of this Section:

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

22 school, community college, college, or university.

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

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

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

26 in part by a school or school district.

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

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

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

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

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

6 after the commission of the offense defined in the particular

7 paragraph.

8 (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;

9 102-813, eff. 5-13-22.)

10 (720 ILCS 5/24-3.5)

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

12 (a) For purposes of this Section, "firearms transaction

13 record form" means a form:

14 (1) executed by a transferee of a firearm stating: (i)

15 the transferee's name and address (including county or

16 similar political subdivision); (ii) whether the

17 transferee is a citizen of the United States; (iii) the

18 transferee's State of residence; and (iv) the date and

19 place of birth, height, weight, and race of the

20 transferee; and

21 (2) on which the transferee certifies that he or she

22 is not prohibited by federal law from transporting or

23 shipping a firearm in interstate or foreign commerce or

24 receiving a firearm that has been shipped or transported

25 in interstate or foreign commerce or possessing a firearm

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1 in or affecting commerce.

2 (b) A person commits the offense of unlawful purchase of a

3 firearm who knowingly purchases or attempts to purchase a

4 firearm with the intent to deliver that firearm to another

5 person who is prohibited by federal or State law from

6 possessing a firearm.

7 (c) A person commits the offense of unlawful purchase of a

8 firearm when he or she, in purchasing or attempting to

9 purchase a firearm, intentionally provides false or misleading

10 information on a United States Department of the Treasury,

11 Bureau of Alcohol, Tobacco and Firearms firearms transaction

12 record form.

13 (c-5) A person commits the offense of unlawful purchase of

14 a firearm when he or she, in purchasing or attempting to

15 purchase a firearm does not display to the seller or

16 transferor of the firearm a permit to purchase the firearm

17 issued by the local law enforcement agency under Section 3.4

18 of the Firearm Owners Identification Card Act.

19 (d) Exemption. It is not a violation of subsection (b) of

20 this Section for a person to make a gift or loan of a firearm

21 to a person who is not prohibited by federal or State law from

22 possessing a firearm if the transfer of the firearm is made in

23 accordance with Section 3 of the Firearm Owners Identification

24 Card Act.

25 (e) Sentence.

26 (1) A person who commits the offense of unlawful

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1 purchase of a firearm:

2 (A) is guilty of a Class 2 felony for purchasing or

3 attempting to purchase one firearm;

4 (B) is guilty of a Class 1 felony for purchasing or

5 attempting to purchase not less than 2 firearms and

6 not more than 5 firearms at the same time or within a

7 one year period;

8 (C) is guilty of a Class X felony for which the

9 offender shall be sentenced to a term of imprisonment

10 of not less than 9 years and not more than 40 years for

11 purchasing or attempting to purchase not less than 6

12 firearms at the same time or within a 2 year period; ~~.~~

13 (D) is guilty of a Class 2 felony for purchasing or

14 attempting to purchase a firearm in violation of

15 subsection (c-5).

16 (2) In addition to any other penalty that may be

17 imposed for a violation of this Section, the court may

18 sentence a person convicted of a violation of subsection

19 (c) of this Section to a fine not to exceed $250,000 for

20 each violation.

21 (f) A prosecution for unlawful purchase of a firearm may

22 be commenced within 6 years after the commission of the

23 offense.

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