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| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB2355 Introduced , by Rep. Daniel Didech SYNOPSIS AS INTRODUCED:
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| 430 ILCS 65/Act title | | 430 ILCS 65/1 | from Ch. 38, par. 83-1 | 430 ILCS 65/1.1 | | 430 ILCS 65/2 | from Ch. 38, par. 83-2 | 430 ILCS 65/3 | from Ch. 38, par. 83-3 | 430 ILCS 65/3.1 | from Ch. 38, par. 83-3.1 | 720 ILCS 5/24-3 | from Ch. 38, par. 24-3 |
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Amends the Firearm Owners Identification Card Act. Requires a person to have a currently valid Firearm Owner's Identification Card issued in his or her own name by the Illinois State Police in order to acquire or possess a flamethrower. Exempts certain military, law enforcement, and other specified persons. Defines flamethrower. Amends the Criminal Code of 2012. Provides that it is a Class 4 felony to deliver a flamethrower to a person, incidental to a sale, without withholding delivery of the flamethrower for at least 72 hours after application for its purchase has been made.
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| | A BILL FOR |
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| 1 | | AN ACT concerning safety.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Firearm Owners Identification Card Act is |
| 5 | | amended by changing the title of the Act and Sections 1, 1.1, |
| 6 | | 2, 3, and 3.1 as follows:
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| 7 | | (430 ILCS 65/Act title)
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| 8 | | An Act relating to the acquisition,
possession and |
| 9 | | transfer of firearms, firearm ammunition, stun guns, and |
| 10 | | tasers, and flamethrowers to provide a
penalty for the |
| 11 | | violation thereof and to make an appropriation in
connection |
| 12 | | therewith.
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| 13 | | (430 ILCS 65/1) (from Ch. 38, par. 83-1)
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| 14 | | Sec. 1. It is hereby declared as a matter of legislative |
| 15 | | determination that
in order to promote and protect the health, |
| 16 | | safety and welfare of the
public, it is necessary and in the |
| 17 | | public interest to provide a system of
identifying persons who |
| 18 | | are not qualified to acquire or possess firearms, firearm |
| 19 | | ammunition, stun guns, and tasers, and flamethrowers within |
| 20 | | the State of Illinois by the establishment of
a system of |
| 21 | | Firearm Owner's Identification Cards, thereby establishing a
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| 22 | | practical and workable system by which law enforcement |
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| 1 | | authorities will be
afforded an opportunity to identify those |
| 2 | | persons who are prohibited by
Section 24-3.1 of the Criminal |
| 3 | | Code of 2012, from
acquiring or possessing firearms and |
| 4 | | firearm ammunition and who are prohibited by this Act from |
| 5 | | acquiring stun guns, and tasers, and flamethrowers.
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| 6 | | (Source: P.A. 97-1150, eff. 1-25-13.)
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| 7 | | (430 ILCS 65/1.1)
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| 8 | | Sec. 1.1. For purposes of this Act:
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| 9 | | "Addicted to narcotics" means a person who has been: |
| 10 | | (1) convicted of an offense involving the use or |
| 11 | | possession of cannabis, a controlled substance, or |
| 12 | | methamphetamine within the past year; or |
| 13 | | (2) determined by the Illinois State Police to be |
| 14 | | addicted to narcotics based upon federal law or federal |
| 15 | | guidelines. |
| 16 | | "Addicted to narcotics" does not include possession or use |
| 17 | | of a prescribed controlled substance under the direction and |
| 18 | | authority of a physician or other person authorized to |
| 19 | | prescribe the controlled substance when the controlled |
| 20 | | substance is used in the prescribed manner. |
| 21 | | "Adjudicated as a person with a mental disability" means |
| 22 | | the person is the subject of a determination by a court, board, |
| 23 | | commission or other lawful authority that the person, as a |
| 24 | | result of marked subnormal intelligence, or mental illness, |
| 25 | | mental impairment, incompetency, condition, or disease: |
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| 1 | | (1) presents a clear and present danger to himself, |
| 2 | | herself, or to others; |
| 3 | | (2) lacks the mental capacity to manage his or her own |
| 4 | | affairs or is adjudicated a person with a disability as |
| 5 | | defined in Section 11a-2 of the Probate Act of 1975; |
| 6 | | (3) is not guilty in a criminal case by reason of |
| 7 | | insanity, mental disease or defect; |
| 8 | | (3.5) is guilty but mentally ill, as provided in |
| 9 | | Section 5-2-6 of the Unified Code of Corrections; |
| 10 | | (4) is incompetent to stand trial in a criminal case; |
| 11 | | (5) is not guilty by reason of lack of mental |
| 12 | | responsibility under Articles 50a and 72b of the Uniform |
| 13 | | Code of Military Justice, 10 U.S.C. 850a, 876b;
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| 14 | | (6) is a sexually violent person under subsection (f) |
| 15 | | of Section 5 of the Sexually Violent Persons Commitment |
| 16 | | Act; |
| 17 | | (7) is a sexually dangerous person under the Sexually |
| 18 | | Dangerous Persons Act; |
| 19 | | (8) is unfit to stand trial under the Juvenile Court |
| 20 | | Act of 1987; |
| 21 | | (9) is not guilty by reason of insanity under the |
| 22 | | Juvenile Court Act of 1987; |
| 23 | | (10) is subject to involuntary admission as an |
| 24 | | inpatient as defined in Section 1-119 of the Mental Health |
| 25 | | and Developmental Disabilities Code; |
| 26 | | (11) is subject to involuntary admission as an |
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| 1 | | outpatient as defined in Section 1-119.1 of the Mental |
| 2 | | Health and Developmental Disabilities Code; |
| 3 | | (12) is subject to judicial admission as set forth in |
| 4 | | Section 4-500 of the Mental Health and Developmental |
| 5 | | Disabilities Code; or |
| 6 | | (13) is subject to the provisions of the Interstate |
| 7 | | Agreements on Sexually Dangerous Persons Act. |
| 8 | | "Clear and present danger" means a person who: |
| 9 | | (1) communicates a serious threat of physical violence |
| 10 | | against a reasonably identifiable victim or poses a clear |
| 11 | | and imminent risk of serious physical injury to himself, |
| 12 | | herself, or another person as determined by a physician, |
| 13 | | clinical psychologist, or qualified examiner; or |
| 14 | | (2) demonstrates threatening physical or verbal |
| 15 | | behavior, such as violent, suicidal, or assaultive |
| 16 | | threats, actions, or other behavior, as determined by a |
| 17 | | physician, clinical psychologist, qualified examiner, |
| 18 | | school administrator, or law enforcement official. |
| 19 | | "Clinical psychologist" has the meaning provided in |
| 20 | | Section 1-103 of the Mental Health and Developmental |
| 21 | | Disabilities Code. |
| 22 | | "Controlled substance" means a controlled substance or |
| 23 | | controlled substance analog as defined in the Illinois |
| 24 | | Controlled Substances Act. |
| 25 | | "Counterfeit" means to copy or imitate, without legal |
| 26 | | authority, with
intent
to deceive. |
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| 1 | | "Developmental disability" means a severe, chronic |
| 2 | | disability of an individual that: |
| 3 | | (1) is attributable to a mental or physical impairment |
| 4 | | or combination of mental and physical impairments; |
| 5 | | (2) is manifested before the individual attains age |
| 6 | | 22; |
| 7 | | (3) is likely to continue indefinitely; |
| 8 | | (4) results in substantial functional limitations in 3 |
| 9 | | or more of the following areas of major life activity: |
| 10 | | (A) Self-care. |
| 11 | | (B) Receptive and expressive language. |
| 12 | | (C) Learning. |
| 13 | | (D) Mobility. |
| 14 | | (E) Self-direction. |
| 15 | | (F) Capacity for independent living. |
| 16 | | (G) Economic self-sufficiency; and |
| 17 | | (5) reflects the individual's need for a combination |
| 18 | | and sequence of special, interdisciplinary, or generic |
| 19 | | services, individualized supports, or other forms of |
| 20 | | assistance that are of lifelong or extended duration and |
| 21 | | are individually planned and coordinated. |
| 22 | | "Federally licensed firearm dealer" means a person who is |
| 23 | | licensed as a federal firearms dealer under Section 923 of the |
| 24 | | federal Gun Control Act of 1968 (18 U.S.C. 923).
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| 25 | | "Firearm" means any device, by
whatever name known, which |
| 26 | | is designed to expel a projectile or projectiles
by the action |
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| 1 | | of an explosion, expansion of gas or escape of gas; excluding,
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| 2 | | however:
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| 3 | | (1) any pneumatic gun, spring gun, paint ball gun, or |
| 4 | | B-B gun which
expels a single globular projectile not |
| 5 | | exceeding .18 inch in
diameter or which has a maximum |
| 6 | | muzzle velocity of less than 700 feet
per second;
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| 7 | | (1.1) any pneumatic gun, spring gun, paint ball gun, |
| 8 | | or B-B gun which expels breakable paint balls containing |
| 9 | | washable marking colors; |
| 10 | | (2) any device used exclusively for signaling or |
| 11 | | safety and required or
recommended by the United States |
| 12 | | Coast Guard or the Interstate Commerce
Commission;
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| 13 | | (3) any device used exclusively for the firing of stud |
| 14 | | cartridges,
explosive rivets or similar industrial |
| 15 | | ammunition; and
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| 16 | | (4) an antique firearm (other than a machine-gun) |
| 17 | | which, although
designed as a weapon, the Illinois State |
| 18 | | Police finds by reason of
the date of its manufacture, |
| 19 | | value, design, and other characteristics is
primarily a |
| 20 | | collector's item and is not likely to be used as a weapon.
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| 21 | | "Firearm ammunition" means any self-contained cartridge or |
| 22 | | shotgun
shell, by whatever name known, which is designed to be |
| 23 | | used or adaptable to
use in a firearm; excluding, however:
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| 24 | | (1) any ammunition exclusively designed for use with a |
| 25 | | device used
exclusively for signaling or safety and |
| 26 | | required or recommended by the
United States Coast Guard |
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| 1 | | or the Interstate Commerce Commission; and
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| 2 | | (2) any ammunition designed exclusively for use with a |
| 3 | | stud or rivet
driver or other similar industrial |
| 4 | | ammunition. |
| 5 | | "Gun show" means an event or function: |
| 6 | | (1) at which the sale and transfer of firearms is the |
| 7 | | regular and normal course of business and where 50 or more |
| 8 | | firearms are displayed, offered, or exhibited for sale, |
| 9 | | transfer, or exchange; or |
| 10 | | (2) at which not less than 10 gun show vendors |
| 11 | | display, offer, or exhibit for sale, sell, transfer, or |
| 12 | | exchange firearms.
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| 13 | | "Flamethrower" means any nonstationary and transportable |
| 14 | | device designed or intended to emit or propel a burning stream |
| 15 | | of combustible or flammable liquid a distance of at least 10 |
| 16 | | feet. |
| 17 | | "Gun show" includes the entire premises provided for an |
| 18 | | event or function, including parking areas for the event or |
| 19 | | function, that is sponsored to facilitate the purchase, sale, |
| 20 | | transfer, or exchange of firearms as described in this |
| 21 | | Section.
Nothing in this definition shall be construed to |
| 22 | | exclude a gun show held in conjunction with competitive |
| 23 | | shooting events at the World Shooting Complex sanctioned by a |
| 24 | | national governing body in which the sale or transfer of |
| 25 | | firearms is authorized under subparagraph (5) of paragraph (g) |
| 26 | | of subsection (A) of Section 24-3 of the Criminal Code of 2012. |
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| 1 | | Unless otherwise expressly stated, "gun show" does not |
| 2 | | include training or safety classes, competitive shooting |
| 3 | | events, such as rifle, shotgun, or handgun matches, trap, |
| 4 | | skeet, or sporting clays shoots, dinners, banquets, raffles, |
| 5 | | or
any other event where the sale or transfer of firearms is |
| 6 | | not the primary course of business. |
| 7 | | "Gun show promoter" means a person who organizes or |
| 8 | | operates a gun show. |
| 9 | | "Gun show vendor" means a person who exhibits, sells, |
| 10 | | offers for sale, transfers, or exchanges any firearms at a gun |
| 11 | | show, regardless of whether the person arranges with a gun |
| 12 | | show promoter for a fixed location from which to exhibit, |
| 13 | | sell, offer for sale, transfer, or exchange any firearm. |
| 14 | | "Intellectual disability" means significantly subaverage |
| 15 | | general intellectual functioning, existing concurrently with |
| 16 | | deficits in adaptive behavior and manifested during the |
| 17 | | developmental period, which is defined as before the age of |
| 18 | | 22, that adversely affects a child's educational performance. |
| 19 | | "Involuntarily admitted" has the meaning as prescribed in |
| 20 | | Sections 1-119 and 1-119.1 of the Mental Health and |
| 21 | | Developmental Disabilities Code. |
| 22 | | "Mental health facility" means any licensed private |
| 23 | | hospital or hospital affiliate, institution, or facility, or |
| 24 | | part thereof, and any facility, or part thereof, operated by |
| 25 | | the State or a political subdivision thereof which provides |
| 26 | | treatment of persons with mental illness and includes all |
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| 1 | | hospitals, institutions, clinics, evaluation facilities, |
| 2 | | mental health centers, colleges, universities, long-term care |
| 3 | | facilities, and nursing homes, or parts thereof, which provide |
| 4 | | treatment of persons with mental illness whether or not the |
| 5 | | primary purpose is to provide treatment of persons with mental |
| 6 | | illness. |
| 7 | | "National governing body" means a group of persons who |
| 8 | | adopt rules and formulate policy on behalf of a national |
| 9 | | firearm sporting organization. |
| 10 | | "Noncitizen" means a person who is not a citizen of the |
| 11 | | United States, but is a person who is a foreign-born person who |
| 12 | | lives in the United States, has not been naturalized, and is |
| 13 | | still a citizen of a foreign country. |
| 14 | | "Patient" means: |
| 15 | | (1) a person who is admitted as an inpatient or |
| 16 | | resident of a public or private mental health facility for |
| 17 | | mental health treatment under Chapter III of the Mental |
| 18 | | Health and Developmental Disabilities Code as an informal |
| 19 | | admission, a voluntary admission, a minor admission, an |
| 20 | | emergency admission, or an involuntary admission, unless |
| 21 | | the treatment was solely for an alcohol abuse disorder; or |
| 22 | | (2) a person who voluntarily or involuntarily receives |
| 23 | | mental health treatment as an out-patient or is otherwise |
| 24 | | provided services by a public or private mental health |
| 25 | | facility and who poses a clear and present danger to |
| 26 | | himself, herself, or others. |
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| 1 | | "Physician" has the meaning as defined in Section 1-120 of |
| 2 | | the Mental Health and Developmental Disabilities Code. |
| 3 | | "Protective order" means any orders of protection issued |
| 4 | | under the Illinois Domestic Violence Act of 1986, stalking no |
| 5 | | contact orders issued under the Stalking No Contact Order Act, |
| 6 | | civil no contact orders issued under the Civil No Contact |
| 7 | | Order Act, and firearms restraining orders issued under the |
| 8 | | Firearms Restraining Order Act or a substantially similar |
| 9 | | order issued by the court of another state, tribe, or United |
| 10 | | States territory or military tribunal. |
| 11 | | "Qualified examiner" has the meaning provided in Section |
| 12 | | 1-122 of the Mental Health and Developmental Disabilities |
| 13 | | Code. |
| 14 | | "Sanctioned competitive shooting event" means a shooting |
| 15 | | contest officially recognized by a national or state shooting |
| 16 | | sport association, and includes any sight-in or practice |
| 17 | | conducted in conjunction with the event.
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| 18 | | "School administrator" means the person required to report |
| 19 | | under the School Administrator Reporting of Mental Health |
| 20 | | Clear and Present Danger Determinations Law. |
| 21 | | "Stun gun or taser" has the meaning ascribed to it in |
| 22 | | Section 24-1 of the Criminal Code of 2012. |
| 23 | | (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; |
| 24 | | 102-813, eff. 5-13-22; 102-890, eff. 5-19-22; 102-972, eff. |
| 25 | | 1-1-23; 102-1030, eff. 5-27-22; revised 12-14-22.)
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| 1 | | (430 ILCS 65/2) (from Ch. 38, par. 83-2)
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| 2 | | Sec. 2. Firearm Owner's Identification Card required; |
| 3 | | exceptions.
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| 4 | | (a) (1) No person may acquire or possess any firearm, stun |
| 5 | | gun, or taser, or flamethrower within this State
without |
| 6 | | having in his or her possession a Firearm Owner's |
| 7 | | Identification Card
previously issued in his or her name by |
| 8 | | the Illinois State Police under
the provisions of this Act.
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| 9 | | (2) No person may acquire or possess firearm ammunition |
| 10 | | within this
State without having in his or her possession a |
| 11 | | Firearm Owner's Identification
Card previously issued in his |
| 12 | | or her name by the Illinois State Police
under the provisions |
| 13 | | of this Act.
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| 14 | | (b) The provisions of this Section regarding the |
| 15 | | possession of firearms, firearm ammunition, stun guns, and |
| 16 | | tasers, and flamethrowers do not apply to:
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| 17 | | (1) United States Marshals, while engaged in the |
| 18 | | operation of their
official duties;
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| 19 | | (2) Members of the Armed Forces of the United States |
| 20 | | or the National
Guard, while engaged in the operation of |
| 21 | | their official duties;
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| 22 | | (3) Federal officials required to carry firearms, |
| 23 | | while engaged in the
operation of their official duties;
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| 24 | | (4) Members of bona fide veterans organizations which |
| 25 | | receive firearms
directly from the armed forces of the |
| 26 | | United States, while using the
firearms for ceremonial |
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| 1 | | purposes with blank ammunition;
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| 2 | | (5) Nonresident hunters during hunting season, with |
| 3 | | valid nonresident
hunting licenses and while in an area |
| 4 | | where hunting is permitted; however,
at all other times |
| 5 | | and in all other places these persons must have their
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| 6 | | firearms unloaded and enclosed in a case;
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| 7 | | (6) Those hunters exempt from obtaining a hunting |
| 8 | | license who are
required to submit their Firearm Owner's |
| 9 | | Identification Card when hunting
on Department of Natural |
| 10 | | Resources owned or managed sites;
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| 11 | | (7) Nonresidents while on a firing or shooting range |
| 12 | | recognized by the
Illinois State Police; however, these |
| 13 | | persons must at all other times
and in all other places |
| 14 | | have their firearms unloaded and enclosed in a case;
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| 15 | | (8) Nonresidents while at a firearm showing or display |
| 16 | | recognized by
the Illinois State Police; however, at all |
| 17 | | other times and in all
other places these persons must |
| 18 | | have their firearms unloaded and enclosed
in a case;
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| 19 | | (9) Nonresidents whose firearms are unloaded and |
| 20 | | enclosed in a case;
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| 21 | | (10) Nonresidents who are currently licensed or |
| 22 | | registered to possess a
firearm in their resident state;
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| 23 | | (11) Unemancipated minors while in the custody and |
| 24 | | immediate control of
their parent or legal guardian or |
| 25 | | other person in loco parentis to the
minor if the parent or |
| 26 | | legal guardian or other person in loco parentis to
the |
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| 1 | | minor has a currently valid Firearm Owner's Identification
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| 2 | | Card;
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| 3 | | (12) Color guards of bona fide veterans organizations |
| 4 | | or members of bona
fide American Legion bands while using |
| 5 | | firearms for ceremonial purposes
with blank ammunition;
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| 6 | | (13) Nonresident hunters whose state of residence does |
| 7 | | not require
them to be licensed or registered to possess a |
| 8 | | firearm and only during
hunting season, with valid hunting |
| 9 | | licenses, while accompanied by, and
using a firearm owned |
| 10 | | by, a person who possesses a valid Firearm Owner's
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| 11 | | Identification Card and while in an area within a |
| 12 | | commercial club licensed
under the Wildlife Code where |
| 13 | | hunting is permitted and controlled, but in
no instance |
| 14 | | upon sites owned or managed by the Department of Natural
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| 15 | | Resources;
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| 16 | | (14) Resident hunters who are properly authorized to |
| 17 | | hunt and,
while accompanied by a person who possesses a |
| 18 | | valid Firearm Owner's
Identification Card, hunt in an area |
| 19 | | within a commercial club licensed
under the Wildlife Code |
| 20 | | where hunting is permitted and controlled; and
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| 21 | | (15) A person who is otherwise eligible to obtain a |
| 22 | | Firearm Owner's
Identification Card under this Act and is |
| 23 | | under the direct supervision of a
holder of a Firearm
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| 24 | | Owner's Identification Card who is 21 years of age or |
| 25 | | older while the person is
on a firing or shooting range
or |
| 26 | | is a
participant in a firearms safety and training course |
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| 1 | | recognized by a law
enforcement agency or a national, |
| 2 | | statewide shooting sports organization. |
| 3 | | (c) The provisions of this Section regarding the |
| 4 | | acquisition and possession
of firearms, firearm ammunition, |
| 5 | | stun guns, and tasers, and flamethrowers do not apply to law |
| 6 | | enforcement officials
of this or any other jurisdiction, while |
| 7 | | engaged in the operation of their
official duties.
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| 8 | | (c-5) The provisions of paragraphs (1) and (2) of |
| 9 | | subsection (a) of this Section regarding the possession of |
| 10 | | firearms
and firearm ammunition do not apply to the holder of a |
| 11 | | valid concealed carry
license issued under the Firearm |
| 12 | | Concealed Carry Act who is in physical
possession of the |
| 13 | | concealed carry license. |
| 14 | | (d) Any person who becomes a resident of this State, who is |
| 15 | | not otherwise prohibited from obtaining, possessing, or using |
| 16 | | a firearm or firearm ammunition, shall not be required to have |
| 17 | | a Firearm Owner's Identification Card to possess firearms or |
| 18 | | firearms ammunition until 60 calendar days after he or she |
| 19 | | obtains an Illinois driver's license or Illinois |
| 20 | | Identification Card. |
| 21 | | (Source: P.A. 102-538, eff. 8-20-21; 102-1116, eff. 1-10-23.)
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| 22 | | (430 ILCS 65/3) (from Ch. 38, par. 83-3) |
| 23 | | (Text of Section before amendment by P.A. 102-237) |
| 24 | | Sec. 3. (a) Except as provided in Section 3a, no person may |
| 25 | | knowingly
transfer, or cause to be transferred, any firearm, |
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| 1 | | firearm ammunition, stun gun, or taser to any person within |
| 2 | | this State unless the
transferee with whom he deals displays |
| 3 | | either: (1) a currently valid Firearm Owner's
Identification |
| 4 | | Card which has previously been issued in his or her name by the
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| 5 | | Illinois State Police under the provisions of this Act; or (2) |
| 6 | | a currently valid license to carry a concealed firearm which |
| 7 | | has previously been issued in his or her name by the
Illinois |
| 8 | | State Police under the Firearm Concealed Carry Act. In |
| 9 | | addition,
all firearm, stun gun, and taser transfers by |
| 10 | | federally licensed firearm dealers are subject
to Section 3.1. |
| 11 | | (a-5) Any person who is not a federally licensed firearm |
| 12 | | dealer and who desires to transfer or sell a firearm while that |
| 13 | | person is on the grounds of a gun show must, before selling or |
| 14 | | transferring the firearm, request the Illinois State Police to |
| 15 | | conduct a background check on the prospective recipient of the |
| 16 | | firearm in accordance with Section 3.1.
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| 17 | | (a-10) Notwithstanding item (2) of subsection (a) of this |
| 18 | | Section, any person who is not a federally licensed firearm |
| 19 | | dealer and who desires to transfer or sell a firearm or |
| 20 | | firearms to any person who is not a federally licensed firearm |
| 21 | | dealer shall, before selling or transferring the firearms, |
| 22 | | contact a federal firearm license dealer under paragraph (1) |
| 23 | | of subsection (a-15) of this Section to conduct the transfer |
| 24 | | or the Illinois State Police with the transferee's or |
| 25 | | purchaser's Firearm Owner's Identification Card number to |
| 26 | | determine the validity of the transferee's or purchaser's |
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| 1 | | Firearm Owner's Identification Card under State and federal |
| 2 | | law including the National Instant Criminal Background Check |
| 3 | | System. This subsection shall not be effective until July 1, |
| 4 | | 2023. Until that date the transferor shall contact the |
| 5 | | Illinois State Police with the transferee's or purchaser's |
| 6 | | Firearm Owner's Identification Card number to determine the |
| 7 | | validity of the card. The Illinois State Police may adopt |
| 8 | | rules concerning the implementation of this subsection. The |
| 9 | | Illinois State Police shall provide the seller or transferor |
| 10 | | an approval number if the purchaser's Firearm Owner's |
| 11 | | Identification Card is valid. Approvals issued by the Illinois |
| 12 | | State Police for the purchase of a firearm pursuant to this |
| 13 | | subsection are valid for 30 days from the date of issue. |
| 14 | | (a-15) The provisions of subsection (a-10) of this Section |
| 15 | | do not apply to: |
| 16 | | (1) transfers that occur at the place of business of a |
| 17 | | federally licensed firearm dealer, if the federally |
| 18 | | licensed firearm dealer conducts a background check on the |
| 19 | | prospective recipient of the firearm in accordance with |
| 20 | | Section 3.1 of this Act and follows all other applicable |
| 21 | | federal, State, and local laws as if he or she were the |
| 22 | | seller or transferor of the firearm, although the dealer |
| 23 | | is not required to accept the firearm into his or her |
| 24 | | inventory. The purchaser or transferee may be required by |
| 25 | | the federally licensed firearm dealer to pay a fee not to |
| 26 | | exceed $25 per firearm, which the dealer may retain as |
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| 1 | | compensation for performing the functions required under |
| 2 | | this paragraph, plus the applicable fees authorized by |
| 3 | | Section 3.1; |
| 4 | | (2) transfers as a bona fide gift to the transferor's |
| 5 | | husband, wife, son, daughter, stepson, stepdaughter, |
| 6 | | father, mother, stepfather, stepmother, brother, sister, |
| 7 | | nephew, niece, uncle, aunt, grandfather, grandmother, |
| 8 | | grandson, granddaughter, father-in-law, mother-in-law, |
| 9 | | son-in-law, or daughter-in-law; |
| 10 | | (3) transfers by persons acting pursuant to operation |
| 11 | | of law or a court order; |
| 12 | | (4) transfers on the grounds of a gun show under |
| 13 | | subsection (a-5) of this Section; |
| 14 | | (5) the delivery of a firearm by its owner to a |
| 15 | | gunsmith for service or repair, the return of the firearm |
| 16 | | to its owner by the gunsmith, or the delivery of a firearm |
| 17 | | by a gunsmith to a federally licensed firearms dealer for |
| 18 | | service or repair and the return of the firearm to the |
| 19 | | gunsmith; |
| 20 | | (6) temporary transfers that occur while in the home |
| 21 | | of the unlicensed transferee, if the unlicensed transferee |
| 22 | | is not otherwise prohibited from possessing firearms and |
| 23 | | the unlicensed transferee reasonably believes that |
| 24 | | possession of the firearm is necessary to prevent imminent |
| 25 | | death or great bodily harm to the unlicensed transferee; |
| 26 | | (7) transfers to a law enforcement or corrections |
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| 1 | | agency or a law enforcement or corrections officer acting |
| 2 | | within the course and scope of his or her official duties; |
| 3 | | (8) transfers of firearms that have been rendered |
| 4 | | permanently inoperable to a nonprofit historical society, |
| 5 | | museum, or institutional collection; and |
| 6 | | (9) transfers to a person who is exempt from the |
| 7 | | requirement of possessing a Firearm Owner's Identification |
| 8 | | Card under Section 2 of this Act. |
| 9 | | (a-20) The Illinois State Police shall develop an |
| 10 | | Internet-based system for individuals to determine the |
| 11 | | validity of a Firearm Owner's Identification Card prior to the |
| 12 | | sale or transfer of a firearm. The Illinois State Police shall |
| 13 | | have the Internet-based system updated and available for use |
| 14 | | by January 1, 2024. The Illinois State Police shall adopt |
| 15 | | rules not inconsistent with this Section to implement this |
| 16 | | system, but no rule shall allow the Illinois State Police to |
| 17 | | retain records in contravention of State and federal law. |
| 18 | | (a-25) On or before January 1, 2022, the Illinois State |
| 19 | | Police shall develop an Internet-based system upon which the |
| 20 | | serial numbers of firearms that have been reported stolen are |
| 21 | | available for public access for individuals to ensure any |
| 22 | | firearms are not reported stolen prior to the sale or transfer |
| 23 | | of a firearm under this Section. The Illinois State Police |
| 24 | | shall have the Internet-based system completed and available |
| 25 | | for use by July 1, 2022. The Illinois State Police shall adopt |
| 26 | | rules not inconsistent with this Section to implement this |
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| | HB2355 | - 19 - | LRB103 26386 RLC 52749 b |
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| 1 | | system. |
| 2 | | (b) Any person within this State who transfers or causes |
| 3 | | to be
transferred any firearm, stun gun, or taser shall keep a |
| 4 | | record of such transfer for a period
of 10 years from the date |
| 5 | | of transfer. Any person within this State who receives any |
| 6 | | firearm, stun gun, or taser pursuant to subsection (a-10) |
| 7 | | shall provide a record of the transfer within 10 days of the |
| 8 | | transfer to a federally licensed firearm dealer and shall not |
| 9 | | be required to maintain a transfer record. The federally |
| 10 | | licensed firearm dealer shall maintain the transfer record for |
| 11 | | 20 years from the date of receipt. A federally licensed |
| 12 | | firearm dealer may charge a fee not to exceed $25 to retain the |
| 13 | | record. The record shall be provided and maintained in either |
| 14 | | an electronic or paper format. The federally licensed firearm |
| 15 | | dealer shall not be liable for the accuracy of any information |
| 16 | | in the transfer record submitted pursuant to this Section. |
| 17 | | Such records shall contain the date
of the transfer; the |
| 18 | | description, serial number or other information
identifying |
| 19 | | the firearm, stun gun, or taser if no serial number is |
| 20 | | available; and, if the
transfer was completed within this |
| 21 | | State, the transferee's Firearm Owner's
Identification Card |
| 22 | | number and any approval number or documentation provided by |
| 23 | | the Illinois State Police pursuant to subsection (a-10) of |
| 24 | | this Section; if the transfer was not completed within this |
| 25 | | State, the record shall contain the name and address of the |
| 26 | | transferee. On or after January 1, 2006, the record shall |
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| 1 | | contain the date of application for transfer of the firearm. |
| 2 | | On demand of a peace officer such transferor
shall produce for |
| 3 | | inspection such record of transfer. For any transfer pursuant |
| 4 | | to subsection (a-10) of this Section, on the demand of a peace |
| 5 | | officer, such transferee shall identify the federally licensed |
| 6 | | firearm dealer maintaining the transfer record. If the |
| 7 | | transfer or sale took place at a gun show, the record shall |
| 8 | | include the unique identification number. Failure to record |
| 9 | | the unique identification number or approval number is a petty |
| 10 | | offense.
For transfers of a firearm, stun gun, or taser made on |
| 11 | | or after January 18, 2019 (the effective date of Public Act |
| 12 | | 100-1178), failure by the private seller to maintain the |
| 13 | | transfer records in accordance with this Section, or failure |
| 14 | | by a transferee pursuant to subsection a-10 of this Section to |
| 15 | | identify the federally licensed firearm dealer maintaining the |
| 16 | | transfer record, is a Class A misdemeanor for the first |
| 17 | | offense and a Class 4 felony for a second or subsequent offense |
| 18 | | occurring within 10 years of the first offense and the second |
| 19 | | offense was committed after conviction of the first offense. |
| 20 | | Whenever any person who has not previously been convicted of |
| 21 | | any violation of subsection (a-5), the court may grant |
| 22 | | supervision pursuant to and consistent with the limitations of |
| 23 | | Section 5-6-1 of the Unified Code of Corrections. A transferee |
| 24 | | or transferor shall not be criminally liable under this |
| 25 | | Section provided that he or she provides the Illinois State |
| 26 | | Police with the transfer records in accordance with procedures |
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| 1 | | established by the Illinois State Police. The Illinois State |
| 2 | | Police shall establish, by rule, a standard form on its |
| 3 | | website. |
| 4 | | (b-5) Any resident may purchase ammunition from a person |
| 5 | | within or outside of Illinois if shipment is by United States |
| 6 | | mail or by a private express carrier authorized by federal law |
| 7 | | to ship ammunition. Any resident purchasing ammunition within |
| 8 | | or outside the State of Illinois must provide the seller with a |
| 9 | | copy of his or her valid Firearm Owner's Identification Card |
| 10 | | or valid concealed carry license and either his or her |
| 11 | | Illinois driver's license or Illinois State Identification |
| 12 | | Card prior to the shipment of the ammunition. The ammunition |
| 13 | | may be shipped only to an address on either of those 2 |
| 14 | | documents. |
| 15 | | (c) The provisions of this Section regarding the transfer |
| 16 | | of firearm
ammunition shall not apply to those persons |
| 17 | | specified in paragraph (b) of
Section 2 of this Act. |
| 18 | | (Source: P.A. 102-538, eff. 8-20-21; 102-813, eff. 5-13-22; |
| 19 | | 102-1116, eff. 1-10-23.)
|
| 20 | | (Text of Section after amendment by P.A. 102-237) |
| 21 | | Sec. 3. (a) Except as provided in Section 3a, no person may |
| 22 | | knowingly
transfer, or cause to be transferred, any firearm, |
| 23 | | firearm ammunition, stun gun, or taser, or flamethrower to any |
| 24 | | person within this State unless the
transferee with whom he |
| 25 | | deals displays either: (1) a currently valid Firearm Owner's
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| 1 | | Identification Card which has previously been issued in his or |
| 2 | | her name by the
Illinois State Police under the provisions of |
| 3 | | this Act; or (2) a currently valid license to carry a concealed |
| 4 | | firearm which has previously been issued in his or her name by |
| 5 | | the
Illinois State Police under the Firearm Concealed Carry |
| 6 | | Act. In addition,
all firearm, stun gun, and taser, and |
| 7 | | flamethrower transfers by federally licensed firearm dealers |
| 8 | | are subject
to Section 3.1. |
| 9 | | (a-5) Any person who is not a federally licensed firearm |
| 10 | | dealer and who desires to transfer or sell a firearm while that |
| 11 | | person is on the grounds of a gun show must, before selling or |
| 12 | | transferring the firearm, request the Illinois State Police to |
| 13 | | conduct a background check on the prospective recipient of the |
| 14 | | firearm in accordance with Section 3.1.
|
| 15 | | (a-10) Notwithstanding item (2) of subsection (a) of this |
| 16 | | Section, any person who is not a federally licensed firearm |
| 17 | | dealer and who desires to transfer or sell a firearm or |
| 18 | | firearms to any person who is not a federally licensed firearm |
| 19 | | dealer shall, before selling or transferring the firearms, |
| 20 | | contact a federal firearm license dealer under paragraph (1) |
| 21 | | of subsection (a-15) of this Section to conduct the transfer |
| 22 | | or the Illinois State Police with the transferee's or |
| 23 | | purchaser's Firearm Owner's Identification Card number to |
| 24 | | determine the validity of the transferee's or purchaser's |
| 25 | | Firearm Owner's Identification Card under State and federal |
| 26 | | law, including the National Instant Criminal Background Check |
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| | HB2355 | - 23 - | LRB103 26386 RLC 52749 b |
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| 1 | | System. This subsection shall not be effective until July 1, |
| 2 | | 2023. Until that date the transferor shall contact the |
| 3 | | Illinois State Police with the transferee's or purchaser's |
| 4 | | Firearm Owner's Identification Card number to determine the |
| 5 | | validity of the card. The Illinois State Police may adopt |
| 6 | | rules concerning the implementation of this subsection. The |
| 7 | | Illinois State Police shall provide the seller or transferor |
| 8 | | an approval number if the purchaser's Firearm Owner's |
| 9 | | Identification Card is valid. Approvals issued by the Illinois |
| 10 | | State Police for the purchase of a firearm pursuant to this |
| 11 | | subsection are valid for 30 days from the date of issue. |
| 12 | | (a-15) The provisions of subsection (a-10) of this Section |
| 13 | | do not apply to: |
| 14 | | (1) transfers that occur at the place of business of a |
| 15 | | federally licensed firearm dealer, if the federally |
| 16 | | licensed firearm dealer conducts a background check on the |
| 17 | | prospective recipient of the firearm in accordance with |
| 18 | | Section 3.1 of this Act and follows all other applicable |
| 19 | | federal, State, and local laws as if he or she were the |
| 20 | | seller or transferor of the firearm, although the dealer |
| 21 | | is not required to accept the firearm into his or her |
| 22 | | inventory. The purchaser or transferee may be required by |
| 23 | | the federally licensed firearm dealer to pay a fee not to |
| 24 | | exceed $25 per firearm, which the dealer may retain as |
| 25 | | compensation for performing the functions required under |
| 26 | | this paragraph, plus the applicable fees authorized by |
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| | HB2355 | - 24 - | LRB103 26386 RLC 52749 b |
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| 1 | | Section 3.1; |
| 2 | | (2) transfers as a bona fide gift to the transferor's |
| 3 | | husband, wife, son, daughter, stepson, stepdaughter, |
| 4 | | father, mother, stepfather, stepmother, brother, sister, |
| 5 | | nephew, niece, uncle, aunt, grandfather, grandmother, |
| 6 | | grandson, granddaughter, father-in-law, mother-in-law, |
| 7 | | son-in-law, or daughter-in-law; |
| 8 | | (3) transfers by persons acting pursuant to operation |
| 9 | | of law or a court order; |
| 10 | | (4) transfers on the grounds of a gun show under |
| 11 | | subsection (a-5) of this Section; |
| 12 | | (5) the delivery of a firearm by its owner to a |
| 13 | | gunsmith for service or repair, the return of the firearm |
| 14 | | to its owner by the gunsmith, or the delivery of a firearm |
| 15 | | by a gunsmith to a federally licensed firearms dealer for |
| 16 | | service or repair and the return of the firearm to the |
| 17 | | gunsmith; |
| 18 | | (6) temporary transfers that occur while in the home |
| 19 | | of the unlicensed transferee, if the unlicensed transferee |
| 20 | | is not otherwise prohibited from possessing firearms and |
| 21 | | the unlicensed transferee reasonably believes that |
| 22 | | possession of the firearm is necessary to prevent imminent |
| 23 | | death or great bodily harm to the unlicensed transferee; |
| 24 | | (7) transfers to a law enforcement or corrections |
| 25 | | agency or a law enforcement or corrections officer acting |
| 26 | | within the course and scope of his or her official duties; |
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| | HB2355 | - 25 - | LRB103 26386 RLC 52749 b |
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| 1 | | (8) transfers of firearms that have been rendered |
| 2 | | permanently inoperable to a nonprofit historical society, |
| 3 | | museum, or institutional collection; and |
| 4 | | (9) transfers to a person who is exempt from the |
| 5 | | requirement of possessing a Firearm Owner's Identification |
| 6 | | Card under Section 2 of this Act. |
| 7 | | (a-20) The Illinois State Police shall develop an |
| 8 | | Internet-based system for individuals to determine the |
| 9 | | validity of a Firearm Owner's Identification Card prior to the |
| 10 | | sale or transfer of a firearm. The Illinois State Police shall |
| 11 | | have the Internet-based system updated and available for use |
| 12 | | by January 1, 2024. The Illinois State Police shall adopt |
| 13 | | rules not inconsistent with this Section to implement this |
| 14 | | system; but no rule shall allow the Illinois State Police to |
| 15 | | retain records in contravention of State and federal law. |
| 16 | | (a-25) On or before January 1, 2022, the Illinois State |
| 17 | | Police shall develop an Internet-based system upon which the |
| 18 | | serial numbers of firearms that have been reported stolen are |
| 19 | | available for public access for individuals to ensure any |
| 20 | | firearms are not reported stolen prior to the sale or transfer |
| 21 | | of a firearm under this Section. The Illinois State Police |
| 22 | | shall have the Internet-based system completed and available |
| 23 | | for use by July 1, 2022. The Illinois State Police shall adopt |
| 24 | | rules not inconsistent with this Section to implement this |
| 25 | | system. |
| 26 | | (b) Any person within this State who transfers or causes |
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| | HB2355 | - 26 - | LRB103 26386 RLC 52749 b |
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| 1 | | to be
transferred any firearm, stun gun, or taser, or |
| 2 | | flamethrower shall keep a record of such transfer for a period
|
| 3 | | of 10 years from the date of transfer. Any person within this |
| 4 | | State who receives any firearm, stun gun, or taser, or |
| 5 | | flamethrower pursuant to subsection (a-10) shall provide a |
| 6 | | record of the transfer within 10 days of the transfer to a |
| 7 | | federally licensed firearm dealer and shall not be required to |
| 8 | | maintain a transfer record. The federally licensed firearm |
| 9 | | dealer shall maintain the transfer record for 20 years from |
| 10 | | the date of receipt. A federally licensed firearm dealer may |
| 11 | | charge a fee not to exceed $25 to retain the record. The record |
| 12 | | shall be provided and maintained in either an electronic or |
| 13 | | paper format. The federally licensed firearm dealer shall not |
| 14 | | be liable for the accuracy of any information in the transfer |
| 15 | | record submitted pursuant to this Section. Such records shall |
| 16 | | contain the date
of the transfer; the description, serial |
| 17 | | number or other information
identifying the firearm, stun gun, |
| 18 | | or taser, or flamethrower if no serial number is available; |
| 19 | | and, if the
transfer was completed within this State, the |
| 20 | | transferee's Firearm Owner's
Identification Card number and |
| 21 | | any approval number or documentation provided by the Illinois |
| 22 | | State Police pursuant to subsection (a-10) of this Section; if |
| 23 | | the transfer was not completed within this State, the record |
| 24 | | shall contain the name and address of the transferee. On or |
| 25 | | after January 1, 2006, the record shall contain the date of |
| 26 | | application for transfer of the firearm. On demand of a peace |
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| | HB2355 | - 27 - | LRB103 26386 RLC 52749 b |
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| 1 | | officer such transferor shall produce for inspection such |
| 2 | | record of transfer. For any transfer pursuant to subsection |
| 3 | | (a-10) of this Section, on the demand of a peace officer, such |
| 4 | | transferee shall identify the federally licensed firearm |
| 5 | | dealer maintaining the transfer record. If the transfer or |
| 6 | | sale took place at a gun show, the record shall include the |
| 7 | | unique identification number. Failure to record the unique |
| 8 | | identification number or approval number is a petty offense.
|
| 9 | | For transfers of a firearm, stun gun, or taser made on or after |
| 10 | | January 18, 2019 (the effective date of Public Act 100-1178), |
| 11 | | or the transfer of a flamethrower made on or after the
|
| 12 | | effective date of this amendatory Act of the 103rd General
|
| 13 | | Assembly, failure by the private seller to maintain the |
| 14 | | transfer records in accordance with this Section, or failure |
| 15 | | by a transferee pursuant to subsection a-10 of this Section to |
| 16 | | identify the federally licensed firearm dealer maintaining the |
| 17 | | transfer record, is a Class A misdemeanor for the first |
| 18 | | offense and a Class 4 felony for a second or subsequent offense |
| 19 | | occurring within 10 years of the first offense and the second |
| 20 | | offense was committed after conviction of the first offense. |
| 21 | | Whenever any person who has not previously been convicted of |
| 22 | | any violation of subsection (a-5), the court may grant |
| 23 | | supervision pursuant to and consistent with the limitations of |
| 24 | | Section 5-6-1 of the Unified Code of Corrections. A transferee |
| 25 | | or transferor shall not be criminally liable under this |
| 26 | | Section provided that he or she provides the Illinois State |
|
| | HB2355 | - 28 - | LRB103 26386 RLC 52749 b |
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|
|
| 1 | | Police with the transfer records in accordance with procedures |
| 2 | | established by the Illinois State Police. The Illinois State |
| 3 | | Police shall establish, by rule, a standard form on its |
| 4 | | website. |
| 5 | | (b-5) Any resident may purchase ammunition from a person |
| 6 | | within or outside of Illinois if shipment is by United States |
| 7 | | mail or by a private express carrier authorized by federal law |
| 8 | | to ship ammunition. Any resident purchasing ammunition within |
| 9 | | or outside the State of Illinois must provide the seller with a |
| 10 | | copy of his or her valid Firearm Owner's Identification Card |
| 11 | | or valid concealed carry license and either his or her |
| 12 | | Illinois driver's license or Illinois State Identification |
| 13 | | Card prior to the shipment of the ammunition. The ammunition |
| 14 | | may be shipped only to an address on either of those 2 |
| 15 | | documents. |
| 16 | | (c) The provisions of this Section regarding the transfer |
| 17 | | of firearm
ammunition shall not apply to those persons |
| 18 | | specified in paragraph (b) of
Section 2 of this Act. |
| 19 | | (Source: P.A. 102-237, eff. 1-1-24; 102-538, eff. 8-20-21; |
| 20 | | 102-813, eff. 5-13-22; 102-1116, eff. 1-10-23.)
|
| 21 | | (430 ILCS 65/3.1) (from Ch. 38, par. 83-3.1)
|
| 22 | | Sec. 3.1. Firearm Transfer Inquiry Program. |
| 23 | | (a) The Illinois State Police shall provide
a dial up |
| 24 | | telephone system or utilize other existing technology which |
| 25 | | shall be used by any federally licensed
firearm dealer, gun |
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| | HB2355 | - 29 - | LRB103 26386 RLC 52749 b |
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| 1 | | show promoter, or gun show vendor who is to transfer a firearm, |
| 2 | | stun gun, or taser, or flamethrower under the provisions of |
| 3 | | this
Act. The Illinois State Police may utilize existing |
| 4 | | technology which
allows the caller to be charged a fee not to |
| 5 | | exceed $2. Fees collected by the Illinois State Police shall |
| 6 | | be deposited in the State Police Firearm Services Fund and |
| 7 | | used
to provide the service.
|
| 8 | | (b) Upon receiving a request from a federally licensed |
| 9 | | firearm dealer, gun show promoter, or gun show vendor, the
|
| 10 | | Illinois State Police shall immediately approve or, within the |
| 11 | | time
period established by Section 24-3 of the Criminal Code |
| 12 | | of 2012 regarding
the delivery of firearms, stun guns, and |
| 13 | | tasers, and flamethrowers notify the inquiring dealer, gun |
| 14 | | show promoter, or gun show vendor of any objection that
would |
| 15 | | disqualify the transferee from acquiring or possessing a |
| 16 | | firearm, stun gun, or taser, or flamethrower. In
conducting |
| 17 | | the inquiry, the Illinois State Police shall initiate and
|
| 18 | | complete an automated search of its criminal history record |
| 19 | | information
files and those of the Federal Bureau of |
| 20 | | Investigation, including the
National Instant Criminal |
| 21 | | Background Check System, and of the files of
the Department of |
| 22 | | Human Services relating to mental health and
developmental |
| 23 | | disabilities to obtain
any felony conviction or patient |
| 24 | | hospitalization information which would
disqualify a person |
| 25 | | from obtaining or require revocation of a currently
valid |
| 26 | | Firearm Owner's Identification Card. |
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| | HB2355 | - 30 - | LRB103 26386 RLC 52749 b |
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| 1 | | (b-5) By January 1, 2023, the Illinois State Police shall |
| 2 | | by rule provide a process for the automatic renewal of the |
| 3 | | Firearm Owner's Identification Card of a person at the time of |
| 4 | | an inquiry in subsection (b). Persons eligible for this |
| 5 | | process must have a set of fingerprints on file with their |
| 6 | | applications under either subsection (a-25) of Section 4 or |
| 7 | | the Firearm Concealed Carry Act. |
| 8 | | (c) If receipt of a firearm would not violate Section 24-3 |
| 9 | | of the Criminal Code of 2012, federal law, or this Act, the |
| 10 | | Illinois State Police shall: |
| 11 | | (1) assign a unique identification number to the |
| 12 | | transfer; and |
| 13 | | (2) provide the licensee, gun show promoter, or gun |
| 14 | | show vendor with the number. |
| 15 | | (d) Approvals issued by the Illinois State Police for the |
| 16 | | purchase of a firearm are valid for 30 days from the date of |
| 17 | | issue.
|
| 18 | | (e) (1) The Illinois State Police must act as the Illinois |
| 19 | | Point of Contact
for the National Instant Criminal Background |
| 20 | | Check System. |
| 21 | | (2) The Illinois State Police and the Department of Human |
| 22 | | Services shall, in accordance with State and federal law |
| 23 | | regarding confidentiality, enter into a memorandum of |
| 24 | | understanding with the Federal Bureau of Investigation for the |
| 25 | | purpose of implementing the National Instant Criminal |
| 26 | | Background Check System in the State. The Illinois State |
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| | HB2355 | - 31 - | LRB103 26386 RLC 52749 b |
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| 1 | | Police shall report the name, date of birth, and physical |
| 2 | | description of any person prohibited from possessing a firearm |
| 3 | | pursuant to the Firearm Owners Identification Card Act or 18 |
| 4 | | U.S.C. 922(g) and (n) to the National Instant Criminal |
| 5 | | Background Check System Index, Denied Persons Files.
|
| 6 | | (3) The Illinois State Police shall provide notice of the |
| 7 | | disqualification of a person under subsection (b) of this |
| 8 | | Section or the revocation of a person's Firearm Owner's |
| 9 | | Identification Card under Section 8 or Section 8.2 of this |
| 10 | | Act, and the reason for the disqualification or revocation, to |
| 11 | | all law enforcement agencies with jurisdiction to assist with |
| 12 | | the seizure of the person's Firearm Owner's Identification |
| 13 | | Card. |
| 14 | | (f) The Illinois State Police shall adopt rules not |
| 15 | | inconsistent with this Section to implement this
system.
|
| 16 | | (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; |
| 17 | | 102-813, eff. 5-13-22.)
|
| 18 | | Section 10. The Criminal Code of 2012 is amended by |
| 19 | | changing Section 24-3 as follows:
|
| 20 | | (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
|
| 21 | | Sec. 24-3. Unlawful sale or delivery of firearms.
|
| 22 | | (A) A person commits the offense of unlawful sale or |
| 23 | | delivery of firearms when he
or she knowingly does any of the |
| 24 | | following:
|
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| | HB2355 | - 32 - | LRB103 26386 RLC 52749 b |
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| 1 | | (a) Sells or gives any firearm of a size which may be |
| 2 | | concealed upon the
person to any person under 18 years of |
| 3 | | age.
|
| 4 | | (b) Sells or gives any firearm to a person under 21 |
| 5 | | years of age who has
been convicted of a misdemeanor other |
| 6 | | than a traffic offense or adjudged
delinquent.
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| 7 | | (c) Sells or gives any firearm to any narcotic addict.
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| 8 | | (d) Sells or gives any firearm to any person who has |
| 9 | | been convicted of a
felony under the laws of this or any |
| 10 | | other jurisdiction.
|
| 11 | | (e) Sells or gives any firearm to any person who has |
| 12 | | been a patient in a
mental institution within the past 5 |
| 13 | | years. In this subsection (e): |
| 14 | | "Mental institution" means any hospital, |
| 15 | | institution, clinic, evaluation facility, mental |
| 16 | | health center, or part thereof, which is used |
| 17 | | primarily for the care or treatment of persons with |
| 18 | | mental illness. |
| 19 | | "Patient in a mental institution" means the person |
| 20 | | was admitted, either voluntarily or involuntarily, to |
| 21 | | a mental institution for mental health treatment, |
| 22 | | unless the treatment was voluntary and solely for an |
| 23 | | alcohol abuse disorder and no other secondary |
| 24 | | substance abuse disorder or mental illness.
|
| 25 | | (f) Sells or gives any firearms to any person who is a |
| 26 | | person with an intellectual disability.
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| 1 | | (g) Delivers any firearm or flamethrower, incidental |
| 2 | | to a sale, without withholding delivery of the firearm or |
| 3 | | flamethrower
for at least 72 hours after application for |
| 4 | | its purchase has been made, or
delivers a stun gun or |
| 5 | | taser, incidental to a sale,
without withholding delivery |
| 6 | | of the stun gun or taser for
at least 24 hours after |
| 7 | | application for its purchase has been made.
However,
this |
| 8 | | paragraph (g) does not apply to: (1) the sale of a firearm
|
| 9 | | or flamethrower to a law enforcement officer if the seller |
| 10 | | of the firearm or flamethrower knows that the person to |
| 11 | | whom he or she is selling the firearm or flamethrower is a |
| 12 | | law enforcement officer or the sale of a firearm or |
| 13 | | flamethrower to a person who desires to purchase a firearm |
| 14 | | or flamethrower for
use in promoting the public interest |
| 15 | | incident to his or her employment as a
bank guard, armed |
| 16 | | truck guard, or other similar employment; (2) a mail
order |
| 17 | | sale of a firearm or flamethrower from a federally |
| 18 | | licensed firearms dealer to a nonresident of Illinois |
| 19 | | under which the firearm or flamethrower
is mailed to a |
| 20 | | federally licensed firearms dealer outside the boundaries |
| 21 | | of Illinois; (3) (blank); (4) the sale of a
firearm or |
| 22 | | flamethrower to a dealer licensed as a federal firearms |
| 23 | | dealer under Section 923
of the federal Gun Control Act of |
| 24 | | 1968 (18 U.S.C. 923); or (5) the transfer or sale of any |
| 25 | | rifle, shotgun, or other long gun to a resident registered |
| 26 | | competitor or attendee or non-resident registered |
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| 1 | | competitor or attendee by any dealer licensed as a federal |
| 2 | | firearms dealer under Section 923 of the federal Gun |
| 3 | | Control Act of 1968 at competitive shooting events held at |
| 4 | | the World Shooting Complex sanctioned by a national |
| 5 | | governing body. For purposes of transfers or sales under |
| 6 | | subparagraph (5) of this paragraph (g), the Department of |
| 7 | | Natural Resources shall give notice to the Illinois State |
| 8 | | Police at least 30 calendar days prior to any competitive |
| 9 | | shooting events at the World Shooting Complex sanctioned |
| 10 | | by a national governing body. The notification shall be |
| 11 | | made on a form prescribed by the Illinois State Police. |
| 12 | | The sanctioning body shall provide a list of all |
| 13 | | registered competitors and attendees at least 24 hours |
| 14 | | before the events to the Illinois State Police. Any |
| 15 | | changes to the list of registered competitors and |
| 16 | | attendees shall be forwarded to the Illinois State Police |
| 17 | | as soon as practicable. The Illinois State Police must |
| 18 | | destroy the list of registered competitors and attendees |
| 19 | | no later than 30 days after the date of the event. Nothing |
| 20 | | in this paragraph (g) relieves a federally licensed |
| 21 | | firearm dealer from the requirements of conducting a NICS |
| 22 | | background check through the Illinois Point of Contact |
| 23 | | under 18 U.S.C. 922(t). For purposes of this paragraph |
| 24 | | (g): |
| 25 | | "Application , "application" means when the buyer |
| 26 | | and seller reach an agreement to purchase a firearm.
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| 1 | | For purposes of this paragraph (g), "national |
| 2 | | "Flamethrower" has the meaning ascribed to it in |
| 3 | | Section 1.1 of the Firearm Owners Identification Card |
| 4 | | Act. |
| 5 | | "National governing body" means a group of persons |
| 6 | | who adopt rules and formulate policy on behalf of a |
| 7 | | national firearm sporting organization.
|
| 8 | | (h) While holding any license
as a dealer,
importer, |
| 9 | | manufacturer or pawnbroker
under the federal Gun Control |
| 10 | | Act of 1968,
manufactures, sells or delivers to any |
| 11 | | unlicensed person a handgun having
a barrel, slide, frame |
| 12 | | or receiver which is a die casting of zinc alloy or
any |
| 13 | | other nonhomogeneous metal which will melt or deform at a |
| 14 | | temperature
of less than 800 degrees Fahrenheit. For |
| 15 | | purposes of this paragraph, (1)
"firearm" is defined as in |
| 16 | | the Firearm Owners Identification Card Act; and (2)
|
| 17 | | "handgun" is defined as a firearm designed to be held
and |
| 18 | | fired by the use of a single hand, and includes a |
| 19 | | combination of parts from
which such a firearm can be |
| 20 | | assembled.
|
| 21 | | (i) Sells or gives a firearm of any size to any person |
| 22 | | under 18 years of
age who does not possess a valid Firearm |
| 23 | | Owner's Identification Card.
|
| 24 | | (j) Sells or gives a firearm while engaged in the |
| 25 | | business of selling
firearms at wholesale or retail |
| 26 | | without being licensed as a federal firearms
dealer under |
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| 1 | | Section 923 of the federal Gun Control Act of 1968 (18 |
| 2 | | U.S.C.
923). In this paragraph (j):
|
| 3 | | A person "engaged in the business" means a person who |
| 4 | | devotes time,
attention, and
labor to
engaging in the |
| 5 | | activity as a regular course of trade or business with the
|
| 6 | | principal objective of livelihood and profit, but does not |
| 7 | | include a person who
makes occasional repairs of firearms |
| 8 | | or who occasionally fits special barrels,
stocks, or |
| 9 | | trigger mechanisms to firearms.
|
| 10 | | "With the principal objective of livelihood and |
| 11 | | profit" means that the
intent
underlying the sale or |
| 12 | | disposition of firearms is predominantly one of
obtaining |
| 13 | | livelihood and pecuniary gain, as opposed to other |
| 14 | | intents, such as
improving or liquidating a personal |
| 15 | | firearms collection; however, proof of
profit shall not be |
| 16 | | required as to a person who engages in the regular and
|
| 17 | | repetitive purchase and disposition of firearms for |
| 18 | | criminal purposes or
terrorism.
|
| 19 | | (k) Sells or transfers ownership of a firearm to a |
| 20 | | person who does not display to the seller or transferor of |
| 21 | | the firearm either: (1) a currently valid Firearm Owner's |
| 22 | | Identification Card that has previously been issued in the |
| 23 | | transferee's name by the Illinois State Police under the |
| 24 | | provisions of the Firearm Owners Identification Card Act; |
| 25 | | or (2) a currently valid license to carry a concealed |
| 26 | | firearm that has previously been issued in the |
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| 1 | | transferee's name by the
Illinois State Police under the |
| 2 | | Firearm Concealed Carry Act. This paragraph (k) does not |
| 3 | | apply to the transfer of a firearm to a person who is |
| 4 | | exempt from the requirement of possessing a Firearm |
| 5 | | Owner's Identification Card under Section 2 of the Firearm |
| 6 | | Owners Identification Card Act. For the purposes of this |
| 7 | | Section, a currently valid Firearm Owner's Identification |
| 8 | | Card or license to carry a concealed firearm means receipt |
| 9 | | of an approval number issued in accordance with subsection |
| 10 | | (a-10) of Section 3 or Section 3.1 of the Firearm Owners |
| 11 | | Identification Card Act. |
| 12 | | (1) In addition to the other requirements of this |
| 13 | | paragraph (k), all persons who are not federally |
| 14 | | licensed firearms dealers must also have complied with |
| 15 | | subsection (a-10) of Section 3 of the Firearm Owners |
| 16 | | Identification Card Act by determining the validity of |
| 17 | | a purchaser's Firearm Owner's Identification Card. |
| 18 | | (2) All sellers or transferors who have complied |
| 19 | | with the requirements of subparagraph (1) of this |
| 20 | | paragraph (k) shall not be liable for damages in any |
| 21 | | civil action arising from the use or misuse by the |
| 22 | | transferee of the firearm transferred, except for |
| 23 | | willful or wanton misconduct on the part of the seller |
| 24 | | or transferor. |
| 25 | | (l) Not
being entitled to the possession of a firearm, |
| 26 | | delivers the
firearm, knowing it to have been stolen or |
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| 1 | | converted. It may be inferred that
a person who possesses |
| 2 | | a firearm with knowledge that its serial number has
been |
| 3 | | removed or altered has knowledge that the firearm is |
| 4 | | stolen or converted. |
| 5 | | (B) Paragraph (h) of subsection (A) does not include |
| 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.
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| 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.
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| 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.
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| 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 | | (D) For purposes of this Section:
|
| 18 | | "School" means a public or private elementary or secondary |
| 19 | | school,
community college, college, or university.
|
| 20 | | "School related activity" means any sporting, social, |
| 21 | | academic, or
other activity for which students' attendance or |
| 22 | | participation is sponsored,
organized, or funded in whole or |
| 23 | | in part by a school or school district.
|
| 24 | | (E) A prosecution for a violation of paragraph (k) of |
| 25 | | subsection (A) of this Section may be commenced within 6 years |
| 26 | | after the commission of the offense. A prosecution for a |
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| 1 | | violation of this Section other than paragraph (g) of |
| 2 | | subsection (A) of this Section may be commenced within 5 years |
| 3 | | after the commission of the offense defined in the particular |
| 4 | | paragraph.
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| 5 | | (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; |
| 6 | | 102-813, eff. 5-13-22.)
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| 7 | | Section 95. No acceleration or delay. Where this Act makes |
| 8 | | changes in a statute that is represented in this Act by text |
| 9 | | that is not yet or no longer in effect (for example, a Section |
| 10 | | represented by multiple versions), the use of that text does |
| 11 | | not accelerate or delay the taking effect of (i) the changes |
| 12 | | made by this Act or (ii) provisions derived from any other |
| 13 | | Public Act.
|