Sen. Kwame Raoul
Filed: 5/31/2013
 
 


 




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1
AMENDMENT TO HOUSE BILL 1189




2 AMENDMENT NO. ______. Amend House Bill 1189 by replacing 
3the title with the following:
4 "AN ACT concerning criminal law, which may be referred to 
5as the Gun Safety and Responsibility Act."; and
 
6by replacing everything after the enacting clause with the 
7following:


8 "Section 5. The Firearm Owners Identification Card Act is 
9amended by changing Sections 3, 3.3, and 8 as follows:

10 (430 ILCS 65/3) (from Ch. 38, par. 83-3)
11 Sec. 3. (a) Except as provided in Section 3a, no person may 
12knowingly
transfer, or cause to be transferred, any firearm, 
13firearm ammunition, stun gun, or taser to any person within 
14this State unless the
transferee with whom he deals displays a 
15currently valid Firearm Owner's
Identification Card which has 
 
 
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1previously been issued in his name by the
Department of State 
2Police under the provisions of this Act. In addition,
all 
3firearm, stun gun, and taser transfers by federally licensed 
4firearm dealers are subject
to Section 3.1.
5 (a-5) Any person who is not a federally licensed firearm 
6dealer and who desires to transfer or sell a firearm while that 
7person is on the grounds of a gun show must, before selling or 
8transferring the firearm, request the Department of State 
9Police to conduct a background check on the prospective 
10recipient of the firearm in accordance with Section 3.1.

11 (a-10) Any person who is not a federally licensed firearm 
12dealer and who desires to transfer or sell a firearm or 
13firearms to any person who is not a federally licensed firearm 
14dealer shall, before selling or transferring the firearms, 
15contact the Department of State Police with the transferee's or 
16purchaser's Firearm Owner's Identification Card number to 
17determine the validity of the transferee's or purchaser's 
18Firearm Owner's Identification Card. This subsection shall not 
19be effective until January 1, 2014. The Department of State 
20Police may adopt rules concerning the implementation of this 
21subsection. The Department of State Police shall provide the 
22seller or transferor an approval number if the purchaser's 
23Firearm Owner's Identification Card is valid. Approvals issued 
24by the Department for the purchase of a firearm pursuant to 
25this subsection are valid for 30 days from the date of issue.
26 (a-15) The provisions of subsection (a-10) of this Section 
 
 
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1do not apply to:
2  (1) transfers that occur at the place of business of a 
3 federally licensed firearm dealer, if the federally 
4 licensed firearm dealer conducts a background check on the 
5 prospective recipient of the firearm in accordance with 
6 Section 3.1 of this Act and follows all other applicable 
7 federal, State, and local laws as if he or she were the 
8 seller or transferor of the firearm, although the dealer is 
9 not required to accept the firearm into his or her 
10 inventory. The purchaser or transferee may be required by 
11 the federally licensed firearm dealer to pay a fee not to 
12 exceed $10 per firearm, which the dealer may retain as 
13 compensation for performing the functions required under 
14 this paragraph, plus the applicable fees authorized by 
15 Section 3.1;
16  (2) transfers as a bona fide gift to the transferor's 
17 husband, wife, son, daughter, stepson, stepdaughter, 
18 father, mother, stepfather, stepmother, brother, sister, 
19 nephew, niece, uncle, aunt, grandfather, grandmother, 
20 grandson, granddaughter, father-in-law, mother-in-law, 
21 son-in-law, or daughter-in-law;
22  (3) transfers by persons acting pursuant to operation 
23 of law or a court order;
24  (4) transfers on the grounds of a gun show under 
25 subsection (a-5) of this Section;
26  (5) the delivery of a firearm by its owner to a 
 
 
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1 gunsmith for service or repair, the return of the firearm 
2 to its owner by the gunsmith, or the delivery of a firearm 
3 by a gunsmith to a federally licensed firearms dealer for 
4 service or repair and the return of the firearm to the 
5 gunsmith;
6  (6) temporary transfers that occur while in the home of 
7 the unlicensed transferee, if the unlicensed transferee is 
8 not otherwise prohibited from possessing firearms and the 
9 unlicensed transferee reasonably believes that possession 
10 of the firearm is necessary to prevent imminent death or 
11 great bodily harm to the unlicensed transferee;
12  (7) transfers to a law enforcement or corrections 
13 agency or a law enforcement or corrections officer acting 
14 within the course and scope of his or her official duties;
15  (8) transfers of firearms that have been rendered 
16 permanently inoperable to a nonprofit historical society, 
17 museum, or institutional collection; and
18  (9) transfers to a person who is exempt from the 
19 requirement of possessing a Firearm Owner's Identification 
20 Card under Section 2 of this Act.
21 (a-20) The Department of State Police shall develop an 
22Internet-based system for individuals to determine the 
23validity of a Firearm Owner's Identification Card prior to the 
24sale or transfer of a firearm. The Department shall have the 
25Internet-based system completed and available for use by July 
261, 2015. The Department shall adopt rules not inconsistent with 
 
 
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1this Section to implement this system.
2 (b) Any person within this State who transfers or causes to 
3be
transferred any firearm, stun gun, or taser shall keep a 
4record of such transfer for a period
of 10 years from the date 
5of transfer. Such record shall contain the date
of the 
6transfer; the description, serial number or other information

7identifying the firearm, stun gun, or taser if no serial number 
8is available; and, if the
transfer was completed within this 
9State, the transferee's Firearm Owner's
Identification Card 
10number and any approval number or documentation provided by the 
11Department of State Police pursuant to subsection (a-10) of 
12this Section. On or after January 1, 2006, the record shall 
13contain the date of application for transfer of the firearm. On 
14demand of a peace officer such transferor
shall produce for 
15inspection such record of transfer. If the transfer or sale 
16took place at a gun show, the record shall include the unique 
17identification number. Failure to record the unique 
18identification number or approval number is a petty offense.

19 (b-5) Any resident may purchase ammunition from a person 
20within or outside of Illinois if shipment is by United States 
21mail or by a private express carrier authorized by federal law 
22to ship ammunition. Any resident purchasing ammunition within 
23or outside the State of Illinois must provide the seller with a 
24copy of his or her valid Firearm Owner's Identification Card 
25and either his or her Illinois driver's license or Illinois 
26State Identification Card prior to the shipment of the 
 
 
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1ammunition. The ammunition may be shipped only to an address on 
2either of those 2 documents.
3 (c) The provisions of this Section regarding the transfer 
4of firearm
ammunition shall not apply to those persons 
5specified in paragraph (b) of
Section 2 of this Act.
6(Source: P.A. 97-1135, eff. 12-4-12.)

7 (430 ILCS 65/3.3)

8 Sec. 3.3. Report to the local law enforcement agency. The 
9Department of
State Police must report the name and address
of 
10a person to the local law enforcement agency where the person 
11resides if the
person attempting to purchase a firearm is 
12disqualified from purchasing a
firearm because of information 
13obtained
under subsection (a-10) of Section 3 or Section 3.1 
14that would disqualify the person from obtaining a Firearm 
15Owner's Identification Card under any of subsections (c) 
16through (n) of Section 8 of this Act.


17(Source: P.A. 94-125, eff. 1-1-06.)



18 (430 ILCS 65/8) (from Ch. 38, par. 83-8)

19 (Text of Section before amendment by P.A. 97-1167)

20 Sec. 8. Grounds for denial and revocation.
21 The Department of State Police has authority to deny an

22application for or to revoke and seize a Firearm Owner's 
23Identification
Card previously issued under this Act only if 
24the Department finds that the
applicant or the person to whom 
 
 
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1such 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) A person under 21 years of age who does not have 
6 the written consent
of his parent or guardian to acquire 
7 and possess firearms and firearm
ammunition, or whose 
8 parent or guardian has revoked such written consent,
or 
9 where such parent or guardian does not qualify to have a 
10 Firearm Owner's
Identification Card;

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

13  (d) A person addicted to narcotics;

14  (e) A person who has been a patient of a mental 
15 institution within the
past 5 years. An active law 
16 enforcement officer employed by a unit of government who is 
17 denied, revoked, or has his or her Firearm Owner's 
18 Identification Card seized under this subsection (e) may 
19 obtain relief as described in subsection (c-5) of Section 
20 10 of this Act if the officer did not act in a manner 
21 threatening to the officer, another person, or the public 
22 as determined by the treating clinical psychologist or 
23 physician, and the officer seeks mental health treatment or 
24 has been adjudicated as a mental defective;

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

2  For the purposes of this Section, "mental condition" 
3 means a state of
mind manifested by violent, suicidal, 
4 threatening or assaultive behavior.

5  (g) A person who is intellectually disabled;

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

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

10  (i-5) An alien who has been admitted to the United 
11 States under a
non-immigrant visa (as that term is defined 
12 in Section 101(a)(26) of the
Immigration and Nationality 
13 Act (8 U.S.C. 1101(a)(26))), except that this
subsection 
14 (i-5) does not apply to any alien who has been lawfully 
15 admitted to
the United States under a non-immigrant visa if 
16 that alien is:


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


19  (2) an official representative of a foreign government 
20 who is:


21   (A) accredited to the United States Government or 
22 the Government's
mission to an international 
23 organization having its headquarters in the United

24 States; or


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


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


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


7  (5) one who has received a waiver from the Attorney 
8 General of the United
States pursuant to 18 U.S.C. 
9 922(y)(3);

10  (j) (Blank);

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

15 used or possessed;

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

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

8  (m) (Blank);

9  (n) A person who is prohibited from acquiring or 
10 possessing
firearms or firearm ammunition by any Illinois 
11 State statute or by federal
law;

12  (o) A minor subject to a petition filed under Section 
13 5-520 of the
Juvenile Court Act of 1987 alleging that the 
14 minor is a delinquent minor for
the commission of an 
15 offense that if committed by an adult would be a felony;


16  (p) An adult who had been adjudicated a delinquent 
17 minor under the Juvenile
Court Act of 1987 for the 
18 commission of an offense that if committed by an
adult 
19 would be a felony; or

20  (q) A person who is not a resident of the State of 
21 Illinois, except as provided in subsection (a-10) of 
22 Section 4. 
23(Source: P.A. 96-701, eff. 1-1-10; 97-158, eff. 1-1-12; 97-227, 
24eff. 1-1-12; 97-813, eff. 7-13-12; 97-1131, eff. 1-1-13.)


25 (Text of Section after amendment by P.A. 97-1167)
 
 
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1 Sec. 8. Grounds for denial and revocation.
2 The Department of State Police has authority to deny an

3application for or to revoke and seize a Firearm Owner's 
4Identification
Card previously issued under this Act only if 
5the Department finds that the
applicant or the person to whom 
6such card was issued is or was at the time
of issuance:

7  (a) A person under 21 years of age who has been 
8 convicted of a
misdemeanor other than a traffic offense or 
9 adjudged delinquent;

10  (b) A person under 21 years of age who does not have 
11 the written consent
of his parent or guardian to acquire 
12 and possess firearms and firearm
ammunition, or whose 
13 parent or guardian has revoked such written consent,
or 
14 where such parent or guardian does not qualify to have a 
15 Firearm Owner's
Identification Card;

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

18  (d) A person addicted to narcotics;

19  (e) A person who has been a patient of a mental 
20 institution within the
past 5 years. An active law 
21 enforcement officer employed by a unit of government who is 
22 denied, revoked, or has his or her Firearm Owner's 
23 Identification Card seized under this subsection (e) may 
24 obtain relief as described in subsection (c-5) of Section 
25 10 of this Act if the officer did not act in a manner 
26 threatening to the officer, another person, or the public 
 
 
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1 as determined by the treating clinical psychologist or 
2 physician, and the officer seeks mental health treatment;

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

6  For the purposes of this Section, "mental condition" 
7 means a state of
mind manifested by violent, suicidal, 
8 threatening or assaultive behavior.

9  (g) A person who is intellectually disabled;

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

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

14  (i-5) An alien who has been admitted to the United 
15 States under a
non-immigrant visa (as that term is defined 
16 in Section 101(a)(26) of the
Immigration and Nationality 
17 Act (8 U.S.C. 1101(a)(26))), except that this
subsection 
18 (i-5) does not apply to any alien who has been lawfully 
19 admitted to
the United States under a non-immigrant visa if 
20 that alien is:


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


23  (2) an official representative of a foreign government 
24 who is:


25   (A) accredited to the United States Government or 
26 the Government's
mission to an international 
 
 
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1 organization having its headquarters in the United

2 States; or


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


5  (3) an official of a foreign government or 
6 distinguished foreign visitor
who has been so 
7 designated by the Department of State;


8  (4) a foreign law enforcement officer of a friendly 
9 foreign government
entering the United States on 
10 official business; or


11  (5) one who has received a waiver from the Attorney 
12 General of the United
States pursuant to 18 U.S.C. 
13 922(y)(3);

14  (j) (Blank);

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

19 used or possessed;

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

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

12  (m) (Blank);

13  (n) A person who is prohibited from acquiring or 
14 possessing
firearms or firearm ammunition by any Illinois 
15 State statute or by federal
law;

16  (o) A minor subject to a petition filed under Section 
17 5-520 of the
Juvenile Court Act of 1987 alleging that the 
18 minor is a delinquent minor for
the commission of an 
19 offense that if committed by an adult would be a felony;


20  (p) An adult who had been adjudicated a delinquent 
21 minor under the Juvenile
Court Act of 1987 for the 
22 commission of an offense that if committed by an
adult 
23 would be a felony;

24  (q) A person who is not a resident of the State of 
25 Illinois, except as provided in subsection (a-10) of 
26 Section 4; or 
 
 
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1  (r) A person who has been adjudicated as a mental 
2 defective. 
3(Source: P.A. 96-701, eff. 1-1-10; 97-158, eff. 1-1-12; 97-227, 
4eff. 1-1-12; 97-813, eff. 7-13-12; 97-1131, eff. 1-1-13; 
597-1167, eff. 6-1-13.)


6 Section 10. The Criminal Code of 2012 is amended by 
7changing Section 24-3 and adding Section 24-4.1 as follows:



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


9 (Text of Section before amendment by P.A. 97-1167)

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

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


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


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


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


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


24  (e) Sells or gives any firearm to any person who has 
 
 
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1 been a patient in a
mental hospital within the past 5 
2 years.


3  (f) Sells or gives any firearms to any person who is 
4 intellectually disabled.


5  (g) Delivers any firearm of a size which may be 
6 concealed upon the
person, incidental to a sale, without 
7 withholding delivery of such firearm
for at least 72 hours 
8 after application for its purchase has been made, or

9 delivers any rifle, shotgun or other long gun, or a stun 
10 gun or taser, incidental to a sale,
without withholding 
11 delivery of such rifle, shotgun or other long gun, or a 
12 stun gun or taser for
at least 24 hours after application 
13 for its purchase has been made.
However,
this paragraph (g) 
14 does not apply to: (1) the sale of a firearm
to a law 
15 enforcement officer if the seller of the firearm knows that 
16 the person to whom he or she is selling the firearm is a 
17 law enforcement officer or the sale of a firearm to a 
18 person who desires to purchase a firearm for
use in 
19 promoting the public interest incident to his or her 
20 employment as a
bank guard, armed truck guard, or other 
21 similar employment; (2) a mail
order sale of a firearm to a 
22 nonresident of Illinois under which the firearm
is mailed 
23 to a point outside the boundaries of Illinois; (3) the sale

24 of a firearm to a nonresident of Illinois while at a 
25 firearm showing or display
recognized by the Illinois 
26 Department of State Police; or (4) the sale of a
firearm to 
 
 
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1 a dealer licensed as a federal firearms dealer under 
2 Section 923
of the federal Gun Control Act of 1968 (18 
3 U.S.C. 923). For purposes of this paragraph (g), 
4 "application" means when the buyer and seller reach an 
5 agreement to purchase a firearm.



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

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


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


22  (j) Sells or gives a firearm while engaged in the 
23 business of selling
firearms at wholesale or retail without 
24 being licensed as a federal firearms
dealer under Section 
25 923 of the federal Gun Control Act of 1968 (18 U.S.C.
923). 
26 In this paragraph (j):


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

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


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

17  (k) Sells or transfers ownership of a firearm to a 
18 person who does not display to the seller or transferor of 
19 the firearm a currently valid Firearm Owner's 
20 Identification Card that has previously been issued in the 
21 transferee's name by the Department of State Police under 
22 the provisions of the Firearm Owners Identification Card 
23 Act. This paragraph (k) does not apply to the transfer of a 
24 firearm to a person who is exempt from the requirement of 
25 possessing a Firearm Owner's Identification Card under 
26 Section 2 of the Firearm Owners Identification Card Act. 
 
 
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1 For the purposes of this Section, a currently valid Firearm 
2 Owner's Identification Card means (i) a Firearm Owner's 
3 Identification Card that has not expired or (ii) if the 
4 transferor is licensed as a federal firearms dealer under 
5 Section 923 of the federal Gun Control Act of 1968 (18 
6 U.S.C. 923), an approval number issued in accordance with 
7 subsection (a-10) of Section 3 or Section 3.1 of the 
8 Firearm Owners Identification Card Act shall be proof that 
9 the Firearm Owner's Identification Card was valid.
10   (1) In addition to the other requirements of this 
11 paragraph (k), all persons who are not federally 
12 licensed firearms dealers must also have complied with 
13 subsection (a-10) of Section 3 of the Firearms Owners 
14 Identification Card Act by determining the validity of 
15 a purchaser's Firearms Owner's Identification Card.
16   (2) All sellers or transferors who have complied 
17 with the requirements of subparagraph (1) of this 
18 paragraph (k) shall not be liable for damages in any 
19 civil action arising from the use or misuse by the 
20 transferee of the firearm transferred, except for 
21 willful or wanton misconduct on the part of the seller 
22 or transferor. 
23  (l) Not
being entitled to the possession of a firearm, 
24 delivers the
firearm, knowing it to have been stolen or 
25 converted. It may be inferred that
a person who possesses a 
26 firearm with knowledge that its serial number has
been 
 
 
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1 removed or altered has knowledge that the firearm is stolen 
2 or converted. 
3 (B) Paragraph (h) of subsection (A) does not include 
4firearms sold within 6
months after enactment of Public
Act 
578-355 (approved August 21, 1973, effective October 1, 1973), 
6nor is any
firearm legally owned or
possessed by any citizen or 
7purchased by any citizen within 6 months after the
enactment of 
8Public Act 78-355 subject
to confiscation or seizure under the 
9provisions of that Public Act. Nothing in
Public Act 78-355 
10shall be construed to prohibit the gift or trade of
any firearm 
11if that firearm was legally held or acquired within 6 months 
12after
the enactment of that Public Act.

13 (C) Sentence.


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


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


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


23  (4) Any person convicted of unlawful sale or delivery 
24 of firearms in violation of
paragraph (a), (b), or (i) of 
25 subsection (A) in any school, on the real
property 
26 comprising a school, within 1,000 feet of the real property 
 
 
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1 comprising
a school, at a school related activity, or on or 
2 within 1,000 feet of any
conveyance owned, leased, or 
3 contracted by a school or school district to
transport 
4 students to or from school or a school related activity,

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

15 regardless of the time of day or time of year at which the 
16 offense
was committed, commits a Class 1 felony for which 
17 the sentence shall be a
term of imprisonment of no less 
18 than 5 years and no more than 15 years.


19  (5) Any person convicted of unlawful sale or delivery 
20 of firearms in violation of
paragraph (a) or (i) of 
21 subsection (A) in residential property owned,
operated, or 
22 managed by a public housing agency or leased by a public 
23 housing
agency as part of a scattered site or mixed-income 
24 development, in a public
park, in a
courthouse, on 
25 residential property owned, operated, or managed by a 
26 public
housing agency or leased by a public housing agency 
 
 
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1 as part of a scattered site
or mixed-income development, on 
2 the real property comprising any public park,
on the real

3 property comprising any courthouse, or on any public way 
4 within 1,000 feet
of the real property comprising any 
5 public park, courthouse, or residential
property owned, 
6 operated, or managed by a public housing agency or leased 
7 by a
public housing agency as part of a scattered site or 
8 mixed-income development
commits a
Class 2 felony.


9  (6) Any person convicted of unlawful sale or delivery 
10 of firearms in violation of
paragraph (j) of subsection (A) 
11 commits a Class A misdemeanor. A second or
subsequent 
12 violation is a Class 4 felony.
13  (7) Any person convicted of unlawful sale or delivery 
14 of firearms in violation of paragraph (k) of subsection (A) 
15 commits a Class 4 felony, except that a violation of 
16 subparagraph (1) of paragraph (k) of subsection (A) shall 
17 not be punishable as a crime or petty offense. A third or 
18 subsequent conviction for a violation of paragraph (k) of 
19 subsection (A) is a Class 1 felony.


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

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

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

14 "School" means a public or private elementary or secondary 
15school,
community college, college, or university.

16 "School related activity" means any sporting, social, 
17academic, or
other activity for which students' attendance or 
18participation is sponsored,
organized, or funded in whole or in 
19part by a school or school district.

20 (E) A prosecution for a violation of paragraph (k) of 
21subsection (A) of this Section may be commenced within 6 years 
22after the commission of the offense. A prosecution for a 
23violation of this Section other than paragraph (g) of 
24subsection (A) of this Section may be commenced within 5 years 
25after the commission of the offense defined in the particular 
26paragraph.

 
 
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1(Source: P.A. 96-190, eff. 1-1-10; 97-227, eff. 1-1-12; 97-347, 
2eff. 1-1-12; 97-813, eff. 7-13-12.)


3 (Text of Section after amendment by P.A. 97-1167)

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

5 (A) A person commits the offense of unlawful sale or 
6delivery of firearms when he
or she knowingly does any of the 
7following:


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


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


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


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


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


7  (f) Sells or gives any firearms to any person who is 
8 intellectually disabled.


9  (g) Delivers any firearm of a size which may be 
10 concealed upon the
person, incidental to a sale, without 
11 withholding delivery of such firearm
for at least 72 hours 
12 after application for its purchase has been made, or

13 delivers any rifle, shotgun or other long gun, or a stun 
14 gun or taser, incidental to a sale,
without withholding 
15 delivery of such rifle, shotgun or other long gun, or a 
16 stun gun or taser for
at least 24 hours after application 
17 for its purchase has been made.
However,
this paragraph (g) 
18 does not apply to: (1) the sale of a firearm
to a law 
19 enforcement officer if the seller of the firearm knows that 
20 the person to whom he or she is selling the firearm is a 
21 law enforcement officer or the sale of a firearm to a 
22 person who desires to purchase a firearm for
use in 
23 promoting the public interest incident to his or her 
24 employment as a
bank guard, armed truck guard, or other 
25 similar employment; (2) a mail
order sale of a firearm to a 
26 nonresident of Illinois under which the firearm
is mailed 
 
 
09800HB1189sam001- 27 -LRB098 02638 RLC 46757 a


1 to a point outside the boundaries of Illinois; (3) the sale

2 of a firearm to a nonresident of Illinois while at a 
3 firearm showing or display
recognized by the Illinois 
4 Department of State Police; or (4) the sale of a
firearm to 
5 a dealer licensed as a federal firearms dealer under 
6 Section 923
of the federal Gun Control Act of 1968 (18 
7 U.S.C. 923). For purposes of this paragraph (g), 
8 "application" means when the buyer and seller reach an 
9 agreement to purchase a firearm.



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

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


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


26  (j) Sells or gives a firearm while engaged in the 
 
 
09800HB1189sam001- 28 -LRB098 02638 RLC 46757 a


1 business of selling
firearms at wholesale or retail without 
2 being licensed as a federal firearms
dealer under Section 
3 923 of the federal Gun Control Act of 1968 (18 U.S.C.
923). 
4 In this paragraph (j):


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

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


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

21  (k) Sells or transfers ownership of a firearm to a 
22 person who does not display to the seller or transferor of 
23 the firearm a currently valid Firearm Owner's 
24 Identification Card that has previously been issued in the 
25 transferee's name by the Department of State Police under 
26 the provisions of the Firearm Owners Identification Card 
 
 
09800HB1189sam001- 29 -LRB098 02638 RLC 46757 a


1 Act. This paragraph (k) does not apply to the transfer of a 
2 firearm to a person who is exempt from the requirement of 
3 possessing a Firearm Owner's Identification Card under 
4 Section 2 of the Firearm Owners Identification Card Act. 
5 For the purposes of this Section, a currently valid Firearm 
6 Owner's Identification Card means (i) a Firearm Owner's 
7 Identification Card that has not expired or (ii) if the 
8 transferor is licensed as a federal firearms dealer under 
9 Section 923 of the federal Gun Control Act of 1968 (18 
10 U.S.C. 923), an approval number issued in accordance with 
11 subsection (a-10) of subsection 3 or Section 3.1 of the 
12 Firearm Owners Identification Card Act shall be proof that 
13 the Firearm Owner's Identification Card was valid.
14   (1) In addition to the other requirements of this 
15 paragraph (k), all persons who are not federally 
16 licensed firearms dealers must also have complied with 
17 subsection (a-10) of Section 3 of the Firearms Owners 
18 Identification Card Act by determining the validity of 
19 a purchaser's Firearms Owner's Identification Card.
20   (2) All sellers or transferors who have complied 
21 with the requirements of subparagraph (1) of this 
22 paragraph (k) shall not be liable for damages in any 
23 civil action arising from the use or misuse by the 
24 transferee of the firearm transferred, except for 
25 willful or wanton misconduct on the part of the seller 
26 or transferor. 
 
 
09800HB1189sam001- 30 -LRB098 02638 RLC 46757 a


1  (l) Not
being entitled to the possession of a firearm, 
2 delivers the
firearm, knowing it to have been stolen or 
3 converted. It may be inferred that
a person who possesses a 
4 firearm with knowledge that its serial number has
been 
5 removed or altered has knowledge that the firearm is stolen 
6 or converted. 
7 (B) Paragraph (h) of subsection (A) does not include 
8firearms sold within 6
months after enactment of Public
Act 
978-355 (approved August 21, 1973, effective October 1, 1973), 
10nor is any
firearm legally owned or
possessed by any citizen or 
11purchased by any citizen within 6 months after the
enactment of 
12Public Act 78-355 subject
to confiscation or seizure under the 
13provisions of that Public Act. Nothing in
Public Act 78-355 
14shall be construed to prohibit the gift or trade of
any firearm 
15if that firearm was legally held or acquired within 6 months 
16after
the enactment of that Public Act.

17 (C) Sentence.


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


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


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


 
 
09800HB1189sam001- 31 -LRB098 02638 RLC 46757 a


1  (4) Any person convicted of unlawful sale or delivery 
2 of firearms in violation of
paragraph (a), (b), or (i) of 
3 subsection (A) in any school, on the real
property 
4 comprising a school, within 1,000 feet of the real property 
5 comprising
a school, at a school related activity, or on or 
6 within 1,000 feet of any
conveyance owned, leased, or 
7 contracted by a school or school district to
transport 
8 students to or from school or a school related activity,

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

19 regardless of the time of day or time of year at which the 
20 offense
was committed, commits a Class 1 felony for which 
21 the sentence shall be a
term of imprisonment of no less 
22 than 5 years and no more than 15 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, on 
6 the real property comprising any public park,
on the real

7 property comprising any courthouse, or on any public way 
8 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 (A) 
15 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 (A) 
19 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 
 
 
09800HB1189sam001- 33 -LRB098 02638 RLC 46757 a


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, not 
4 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 (A) 
9 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 (A) 
12 commits a Class 2 felony if the delivery is of one firearm. 
13 Any person convicted of unlawful sale or delivery of 
14 firearms in violation of paragraph (l) of subsection (A) 
15 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 
 
 
09800HB1189sam001- 34 -LRB098 02638 RLC 46757 a


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 3 
4 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 (D) For purposes of this Section:

18 "School" means a public or private elementary or secondary 
19school,
community college, college, or university.

20 "School related activity" means any sporting, social, 
21academic, or
other activity for which students' attendance or 
22participation is sponsored,
organized, or funded in whole or in 
23part by a school or school district.

24 (E) A prosecution for a violation of paragraph (k) of 
25subsection (A) of this Section may be commenced within 6 years 
26after the commission of the offense. A prosecution for a 
 
 
09800HB1189sam001- 35 -LRB098 02638 RLC 46757 a


1violation of this Section other than paragraph (g) of 
2subsection (A) of this Section may be commenced within 5 years 
3after the commission of the offense defined in the particular 
4paragraph.

5(Source: P.A. 96-190, eff. 1-1-10; 97-227, eff. 1-1-12; 97-347, 
6eff. 1-1-12; 97-813, eff. 7-13-12; 97-1167, eff. 6-1-13.)


7 (720 ILCS 5/24-4.1 new)

8 Sec. 24-4.1. Report of lost or stolen firearms.

9 (a) If a person who possesses a valid Firearm Owner's 
10Identification Card and who possesses or acquires a firearm 
11thereafter loses the firearm, or if the firearm is stolen from 
12the person, the person must report the loss or theft to the 
13local law enforcement agency within 72 hours after obtaining 
14knowledge of the loss or theft.
15 (b) A law enforcement agency having jurisdiction shall take 
16a written report and shall, as soon as practical, enter the 
17firearm's serial number as stolen into the Law Enforcement 
18Agencies Data System (LEADS).
19 (c) A person shall not be in violation of this Section if:
20  (1) the failure to report is due to an act of God, act 
21 of war, or inability of a law enforcement agency to receive 
22 the report;
23  (2) the person is hospitalized, in a coma, or is 
24 otherwise seriously physically or mentally impaired as to 
25 prevent the person from reporting; or
 
 
09800HB1189sam001- 36 -LRB098 02638 RLC 46757 a


1  (3) the person's designee makes a report if the person 
2 is unable to make the report. 
3 (d) Sentence. A person who violates this Section is guilty 
4of a petty offense for a first violation. A second or 
5subsequent violation of this Section is a Class A misdemeanor.

6 Section 95. No acceleration or delay. Where this Act makes 
7changes in a statute that is represented in this Act by text 
8that is not yet or no longer in effect (for example, a Section 
9represented by multiple versions), the use of that text does 
10not accelerate or delay the taking effect of (i) the changes 
11made by this Act or (ii) provisions derived from any other 
12Public Act.

13 Section 99. Effective date. This Act takes effect upon 
14becoming law.".