Public Act 098-0508

HB1189 Enrolled LRB098 02638 RLC 32643 b

AN ACT concerning criminal law, which may be referred to as

the Gun Safety and Responsibility Act.

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

represented in the General Assembly:

Section 5. The Firearm Owners Identification Card Act is

amended by changing Sections 3, 3.3, and 8 as follows:

(430 ILCS 65/3) (from Ch. 38, par. 83-3)

Sec. 3. (a) Except as provided in Section 3a, no person may

knowingly transfer, or cause to be transferred, any firearm,

firearm ammunition, stun gun, or taser to any person within

this State unless the transferee with whom he deals displays a

currently valid Firearm Owner's Identification Card which has

previously been issued in his name by the Department of State

Police under the provisions of this Act. In addition, all

firearm, stun gun, and taser transfers by federally licensed

firearm dealers are subject to Section 3.1.

(a-5) Any person who is not a federally licensed firearm

dealer and who desires to transfer or sell a firearm while that

person is on the grounds of a gun show must, before selling or

transferring the firearm, request the Department of State

Police to conduct a background check on the prospective

recipient of the firearm in accordance with Section 3.1.

(a-10) Any person who is not a federally licensed firearm

dealer and who desires to transfer or sell a firearm or

firearms to any person who is not a federally licensed firearm

dealer shall, before selling or transferring the firearms,

contact the Department of State Police with the transferee's or

purchaser's Firearm Owner's Identification Card number to

determine the validity of the transferee's or purchaser's

Firearm Owner's Identification Card. This subsection shall not

be effective until January 1, 2014. The Department of State

Police may adopt rules concerning the implementation of this

subsection. The Department of State Police shall provide the

seller or transferor an approval number if the purchaser's

Firearm Owner's Identification Card is valid. Approvals issued

by the Department for the purchase of a firearm pursuant to

this subsection are valid for 30 days from the date of issue.

(a-15) The provisions of subsection (a-10) of this Section

do not apply to:

(1) transfers that occur at the place of business of a

federally licensed firearm dealer, if the federally

licensed firearm dealer conducts a background check on the

prospective recipient of the firearm in accordance with

Section 3.1 of this Act and follows all other applicable

federal, State, and local laws as if he or she were the

seller or transferor of the firearm, although the dealer is

not required to accept the firearm into his or her

inventory. The purchaser or transferee may be required by

the federally licensed firearm dealer to pay a fee not to

exceed $10 per firearm, which the dealer may retain as

compensation for performing the functions required under

this paragraph, plus the applicable fees authorized by

Section 3.1;

(2) transfers as a bona fide gift to the transferor's

husband, wife, son, daughter, stepson, stepdaughter,

father, mother, stepfather, stepmother, brother, sister,

nephew, niece, uncle, aunt, grandfather, grandmother,

grandson, granddaughter, father-in-law, mother-in-law,

son-in-law, or daughter-in-law;

(3) transfers by persons acting pursuant to operation

of law or a court order;

(4) transfers on the grounds of a gun show under

subsection (a-5) of this Section;

(5) the delivery of a firearm by its owner to a

gunsmith for service or repair, the return of the firearm

to its owner by the gunsmith, or the delivery of a firearm

by a gunsmith to a federally licensed firearms dealer for

service or repair and the return of the firearm to the

gunsmith;

(6) temporary transfers that occur while in the home of

the unlicensed transferee, if the unlicensed transferee is

not otherwise prohibited from possessing firearms and the

unlicensed transferee reasonably believes that possession

of the firearm is necessary to prevent imminent death or

great bodily harm to the unlicensed transferee;

(7) transfers to a law enforcement or corrections

agency or a law enforcement or corrections officer acting

within the course and scope of his or her official duties;

(8) transfers of firearms that have been rendered

permanently inoperable to a nonprofit historical society,

museum, or institutional collection; and

(9) transfers to a person who is exempt from the

requirement of possessing a Firearm Owner's Identification

Card under Section 2 of this Act.

(a-20) The Department of State Police shall develop an

Internet-based system for individuals to determine the

validity of a Firearm Owner's Identification Card prior to the

sale or transfer of a firearm. The Department shall have the

Internet-based system completed and available for use by July

1, 2015. The Department shall adopt rules not inconsistent with

this Section to implement this system.

(b) Any person within this State who transfers or causes to

be transferred any firearm, stun gun, or taser shall keep a

record of such transfer for a period of 10 years from the date

of transfer. Such record shall contain the date of the

transfer; the description, serial number or other information

identifying the firearm, stun gun, or taser if no serial number

is available; and, if the transfer was completed within this

State, the transferee's Firearm Owner's Identification Card

number and any approval number or documentation provided by the

Department of State Police pursuant to subsection (a-10) of

this Section. On or after January 1, 2006, the record shall

contain the date of application for transfer of the firearm. On

demand of a peace officer such transferor shall produce for

inspection such record of transfer. If the transfer or sale

took place at a gun show, the record shall include the unique

identification number. Failure to record the unique

identification number or approval number is a petty offense.

(b-5) Any resident may purchase ammunition from a person

within or outside of Illinois if shipment is by United States

mail or by a private express carrier authorized by federal law

to ship ammunition. Any resident purchasing ammunition within

or outside the State of Illinois must provide the seller with a

copy of his or her valid Firearm Owner's Identification Card

and either his or her Illinois driver's license or Illinois

State Identification Card prior to the shipment of the

ammunition. The ammunition may be shipped only to an address on

either of those 2 documents.

(c) The provisions of this Section regarding the transfer

of firearm ammunition shall not apply to those persons

specified in paragraph (b) of Section 2 of this Act.

(Source: P.A. 97-1135, eff. 12-4-12.)

(430 ILCS 65/3.3)

Sec. 3.3. Report to the local law enforcement agency. The

Department of State Police must report the name and address of

a person to the local law enforcement agency where the person

resides if the person attempting to purchase a firearm is

disqualified from purchasing a firearm because of information

obtained under subsection (a-10) of Section 3 or Section 3.1

that would disqualify the person from obtaining a Firearm

Owner's Identification Card under any of subsections (c)

through (n) of Section 8 of this Act.

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

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

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

Sec. 8. Grounds for denial and revocation.

The Department of State Police has authority to deny an

application for or to revoke and seize a Firearm Owner's

Identification Card previously issued under this Act only if

the Department finds that the applicant or the person to whom

such card was issued is or was at the time of issuance:

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

convicted of a misdemeanor other than a traffic offense or

adjudged delinquent;

(b) A person under 21 years of age who does not have

the written consent of his parent or guardian to acquire

and possess firearms and firearm ammunition, or whose

parent or guardian has revoked such written consent, or

where such parent or guardian does not qualify to have a

Firearm Owner's Identification Card;

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

this or any other jurisdiction;

(d) A person addicted to narcotics;

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

institution within the past 5 years. An active law

enforcement officer employed by a unit of government who is

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

Identification Card seized under this subsection (e) may

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

10 of this Act if the officer did not act in a manner

threatening to the officer, another person, or the public

as determined by the treating clinical psychologist or

physician, and the officer seeks mental health treatment or

has been adjudicated as a mental defective;

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

that it poses a clear and present danger to the applicant,

any other person or persons or the community;

For the purposes of this Section, "mental condition"

means a state of mind manifested by violent, suicidal,

threatening or assaultive behavior.

(g) A person who is intellectually disabled;

(h) A person who intentionally makes a false statement

in the Firearm Owner's Identification Card application;

(i) An alien who is unlawfully present in the United

States under the laws of the United States;

(i-5) An alien who has been admitted to the United

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

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

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

(i-5) does not apply to any alien who has been lawfully

admitted to the United States under a non-immigrant visa if

that alien is:

(1) admitted to the United States for lawful hunting or

sporting purposes;

(2) an official representative of a foreign government

who is:

(A) accredited to the United States Government or

the Government's mission to an international

organization having its headquarters in the United

States; or

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

that alien is accredited;

(3) an official of a foreign government or

distinguished foreign visitor who has been so

designated by the Department of State;

(4) a foreign law enforcement officer of a friendly

foreign government entering the United States on

official business; or

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

General of the United States pursuant to 18 U.S.C.

922(y)(3);

(j) (Blank);

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

years of battery, assault, aggravated assault, violation

of an order of protection, or a substantially similar

offense in another jurisdiction, in which a firearm was

used or possessed;

(l) A person who has been convicted of domestic

battery, aggravated domestic battery, or a substantially

similar offense in another jurisdiction committed before,

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

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

previously issued a Firearm Owner's Identification Card

under this Act knowingly and intelligently waives the right

to have an offense described in this paragraph (l) tried by

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

conviction for an offense in which a domestic relationship

is not a required element of the offense but in which a

determination of the applicability of 18 U.S.C. 922(g)(9)

is made under Section 112A-11.1 of the Code of Criminal

Procedure of 1963, an entry by the court of a judgment of

conviction for that offense shall be grounds for denying an

application for and for revoking and seizing a Firearm

Owner's Identification Card previously issued to the

person under this Act;

(m) (Blank);

(n) A person who is prohibited from acquiring or

possessing firearms or firearm ammunition by any Illinois

State statute or by federal law;

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

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

minor is a delinquent minor for the commission of an

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

(p) An adult who had been adjudicated a delinquent

minor under the Juvenile Court Act of 1987 for the

commission of an offense that if committed by an adult

would be a felony; or

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

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

Section 4.

(Source: P.A. 96-701, eff. 1-1-10; 97-158, eff. 1-1-12; 97-227,

eff. 1-1-12; 97-813, eff. 7-13-12; 97-1131, eff. 1-1-13.)

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

Sec. 8. Grounds for denial and revocation.

The Department of State Police has authority to deny an

application for or to revoke and seize a Firearm Owner's

Identification Card previously issued under this Act only if

the Department finds that the applicant or the person to whom

such card was issued is or was at the time of issuance:

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

convicted of a misdemeanor other than a traffic offense or

adjudged delinquent;

(b) A person under 21 years of age who does not have

the written consent of his parent or guardian to acquire

and possess firearms and firearm ammunition, or whose

parent or guardian has revoked such written consent, or

where such parent or guardian does not qualify to have a

Firearm Owner's Identification Card;

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

this or any other jurisdiction;

(d) A person addicted to narcotics;

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

institution within the past 5 years. An active law

enforcement officer employed by a unit of government who is

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

Identification Card seized under this subsection (e) may

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

10 of this Act if the officer did not act in a manner

threatening to the officer, another person, or the public

as determined by the treating clinical psychologist or

physician, and the officer seeks mental health treatment;

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

that it poses a clear and present danger to the applicant,

any other person or persons or the community;

For the purposes of this Section, "mental condition"

means a state of mind manifested by violent, suicidal,

threatening or assaultive behavior.

(g) A person who is intellectually disabled;

(h) A person who intentionally makes a false statement

in the Firearm Owner's Identification Card application;

(i) An alien who is unlawfully present in the United

States under the laws of the United States;

(i-5) An alien who has been admitted to the United

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

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

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

(i-5) does not apply to any alien who has been lawfully

admitted to the United States under a non-immigrant visa if

that alien is:

(1) admitted to the United States for lawful hunting or

sporting purposes;

(2) an official representative of a foreign government

who is:

(A) accredited to the United States Government or

the Government's mission to an international

organization having its headquarters in the United

States; or

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

that alien is accredited;

(3) an official of a foreign government or

distinguished foreign visitor who has been so

designated by the Department of State;

(4) a foreign law enforcement officer of a friendly

foreign government entering the United States on

official business; or

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

General of the United States pursuant to 18 U.S.C.

922(y)(3);

(j) (Blank);

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

years of battery, assault, aggravated assault, violation

of an order of protection, or a substantially similar

offense in another jurisdiction, in which a firearm was

used or possessed;

(l) A person who has been convicted of domestic

battery, aggravated domestic battery, or a substantially

similar offense in another jurisdiction committed before,

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

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

previously issued a Firearm Owner's Identification Card

under this Act knowingly and intelligently waives the right

to have an offense described in this paragraph (l) tried by

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

conviction for an offense in which a domestic relationship

is not a required element of the offense but in which a

determination of the applicability of 18 U.S.C. 922(g)(9)

is made under Section 112A-11.1 of the Code of Criminal

Procedure of 1963, an entry by the court of a judgment of

conviction for that offense shall be grounds for denying an

application for and for revoking and seizing a Firearm

Owner's Identification Card previously issued to the

person under this Act;

(m) (Blank);

(n) A person who is prohibited from acquiring or

possessing firearms or firearm ammunition by any Illinois

State statute or by federal law;

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

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

minor is a delinquent minor for the commission of an

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

(p) An adult who had been adjudicated a delinquent

minor under the Juvenile Court Act of 1987 for the

commission of an offense that if committed by an adult

would be a felony;

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

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

Section 4; or

(r) A person who has been adjudicated as a mental

defective.

(Source: P.A. 96-701, eff. 1-1-10; 97-158, eff. 1-1-12; 97-227,

eff. 1-1-12; 97-813, eff. 7-13-12; 97-1131, eff. 1-1-13;

97-1167, eff. 6-1-13.)

Section 10. The Criminal Code of 2012 is amended by

changing Section 24-3 and adding Section 24-4.1 as follows:

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

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

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

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

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

following:

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

concealed upon the person to any person under 18 years of

age.

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

years of age who has been convicted of a misdemeanor other

than a traffic offense or adjudged delinquent.

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

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

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

other jurisdiction.

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

been a patient in a mental hospital within the past 5

years.

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

intellectually disabled.

(g) Delivers any firearm of a size which may be

concealed upon the person, incidental to a sale, without

withholding delivery of such firearm for at least 72 hours

after application for its purchase has been made, or

delivers any rifle, shotgun or other long gun, or a stun

gun or taser, incidental to a sale, without withholding

delivery of such rifle, shotgun or other long gun, or a

stun gun or taser for at least 24 hours after application

for its purchase has been made. However, this paragraph (g)

does not apply to: (1) the sale of a firearm to a law

enforcement officer if the seller of the firearm knows that

the person to whom he or she is selling the firearm is a

law enforcement officer or the sale of a firearm to a

person who desires to purchase a firearm for use in

promoting the public interest incident to his or her

employment as a bank guard, armed truck guard, or other

similar employment; (2) a mail order sale of a firearm to a

nonresident of Illinois under which the firearm is mailed

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

of a firearm to a nonresident of Illinois while at a

firearm showing or display recognized by the Illinois

Department of State Police; or (4) the sale of a firearm to

a dealer licensed as a federal firearms dealer under

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

U.S.C. 923). For purposes of this paragraph (g),

"application" means when the buyer and seller reach an

agreement to purchase a firearm.

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

manufacturer or pawnbroker under the federal Gun Control

Act of 1968, manufactures, sells or delivers to any

unlicensed person a handgun having a barrel, slide, frame

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

other nonhomogeneous metal which will melt or deform at a

temperature of less than 800 degrees Fahrenheit. For

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

the Firearm Owners Identification Card Act; and (2)

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

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

combination of parts from which such a firearm can be

assembled.

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

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

Owner's Identification Card.

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

business of selling firearms at wholesale or retail without

being licensed as a federal firearms dealer under Section

923 of the federal Gun Control Act of 1968 (18 U.S.C. 923).

In this paragraph (j):

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

devotes time, attention, and labor to engaging in the

activity as a regular course of trade or business with the

principal objective of livelihood and profit, but does not

include a person who makes occasional repairs of firearms

or who occasionally fits special barrels, stocks, or

trigger mechanisms to firearms.

"With the principal objective of livelihood and

profit" means that the intent underlying the sale or

disposition of firearms is predominantly one of obtaining

livelihood and pecuniary gain, as opposed to other intents,

such as improving or liquidating a personal firearms

collection; however, proof of profit shall not be required

as to a person who engages in the regular and repetitive

purchase and disposition of firearms for criminal purposes

or terrorism.

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

person who does not display to the seller or transferor of

the firearm a currently valid Firearm Owner's

Identification Card that has previously been issued in the

transferee's name by the Department of State Police under

the provisions of the Firearm Owners Identification Card

Act. This paragraph (k) does not apply to the transfer of a

firearm to a person who is exempt from the requirement of

possessing a Firearm Owner's Identification Card under

Section 2 of the Firearm Owners Identification Card Act.

For the purposes of this Section, a currently valid Firearm

Owner's Identification Card means (i) a Firearm Owner's

Identification Card that has not expired or (ii) if the

transferor is licensed as a federal firearms dealer under

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

U.S.C. 923), an approval number issued in accordance with

subsection (a-10) of Section 3 or Section 3.1 of the

Firearm Owners Identification Card Act shall be proof that

the Firearm Owner's Identification Card was valid.

(1) In addition to the other requirements of this

paragraph (k), all persons who are not federally

licensed firearms dealers must also have complied with

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

Identification Card Act by determining the validity of

a purchaser's Firearm Owner's Identification Card.

(2) All sellers or transferors who have complied

with the requirements of subparagraph (1) of this

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

civil action arising from the use or misuse by the

transferee of the firearm transferred, except for

willful or wanton misconduct on the part of the seller

or transferor.

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

delivers the firearm, knowing it to have been stolen or

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

firearm with knowledge that its serial number has been

removed or altered has knowledge that the firearm is stolen

or converted.

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

firearms sold within 6 months after enactment of Public Act

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

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

purchased by any citizen within 6 months after the enactment of

Public Act 78-355 subject to confiscation or seizure under the

provisions of that Public Act. Nothing in Public Act 78-355

shall be construed to prohibit the gift or trade of any firearm

if that firearm was legally held or acquired within 6 months

after the enactment of that Public Act.

(C) Sentence.

(1) Any person convicted of unlawful sale or delivery

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

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

(2) Any person convicted of unlawful sale or delivery

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

subsection (A) commits a Class 3 felony.

(3) Any person convicted of unlawful sale or delivery

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

commits a Class 2 felony.

(4) Any person convicted of unlawful sale or delivery

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

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

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

comprising a school, at a school related activity, or on or

within 1,000 feet of any conveyance owned, leased, or

contracted by a school or school district to transport

students to or from school or a school related activity,

regardless of the time of day or time of year at which the

offense was committed, commits a Class 1 felony. Any person

convicted of a second or subsequent violation of unlawful

sale or delivery of firearms in violation of paragraph (a),

(b), or (i) of subsection (A) in any school, on the real

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

property comprising a school, at a school related activity,

or on or within 1,000 feet of any conveyance owned, leased,

or contracted by a school or school district to transport

students to or from school or a school related activity,

regardless of the time of day or time of year at which the

offense was committed, commits a Class 1 felony for which

the sentence shall be a term of imprisonment of no less

than 5 years and no more than 15 years.

(5) Any person convicted of unlawful sale or delivery

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

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

managed by a public housing agency or leased by a public

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

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

residential property owned, operated, or managed by a

public housing agency or leased by a public housing agency

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

the real property comprising any public park, on the real

property comprising any courthouse, or on any public way

within 1,000 feet of the real property comprising any

public park, courthouse, or residential property owned,

operated, or managed by a public housing agency or leased

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

mixed-income development commits a Class 2 felony.

(6) Any person convicted of unlawful sale or delivery

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

commits a Class A misdemeanor. A second or subsequent

violation is a Class 4 felony.

(7) Any person convicted of unlawful sale or delivery

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

commits a Class 4 felony, except that a violation of

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

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

subsequent conviction for a violation of paragraph (k) of

subsection (A) is a Class 1 felony.

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

unlawful sale or delivery of firearms in violation of

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

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

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

forcible felony, shall be fined or imprisoned, or both, not

to exceed the maximum provided for the most serious

forcible felony so committed or attempted by the person

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

(9) Any person convicted of unlawful sale or delivery

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

commits a Class 3 felony.

(10) Any person convicted of unlawful sale or delivery

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

commits a Class 2 felony if the delivery is of one firearm.

Any person convicted of unlawful sale or delivery of

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

commits a Class 1 felony if the delivery is of not less

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

within a one year period. Any person convicted of unlawful

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

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

she shall be sentenced to a term of imprisonment of not

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

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

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

person convicted of unlawful sale or delivery of firearms

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

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

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

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

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

year period. Any person convicted of unlawful sale or

delivery of firearms in violation of paragraph (l) of

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

shall be sentenced to a term of imprisonment of not less

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

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

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

of unlawful sale or delivery of firearms in violation of

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

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

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

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

time or within a 5 year period.

(D) For purposes of this Section:

"School" means a public or private elementary or secondary

school, community college, college, or university.

"School related activity" means any sporting, social,

academic, or other activity for which students' attendance or

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

part by a school or school district.

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

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

after the commission of the offense. A prosecution for a

violation of this Section other than paragraph (g) of

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

after the commission of the offense defined in the particular

paragraph.

(Source: P.A. 96-190, eff. 1-1-10; 97-227, eff. 1-1-12; 97-347,

eff. 1-1-12; 97-813, eff. 7-13-12.)

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

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

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

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

following:

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

concealed upon the person to any person under 18 years of

age.

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

years of age who has been convicted of a misdemeanor other

than a traffic offense or adjudged delinquent.

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

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

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

other jurisdiction.

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

been a patient in a mental institution within the past 5

years. In this subsection (e):

"Mental institution" means any hospital,

institution, clinic, evaluation facility, mental

health center, or part thereof, which is used primarily

for the care or treatment of persons with mental

illness.

"Patient in a mental institution" means the person

was admitted, either voluntarily or involuntarily, to

a mental institution for mental health treatment,

unless the treatment was voluntary and solely for an

alcohol abuse disorder and no other secondary

substance abuse disorder or mental illness.

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

intellectually disabled.

(g) Delivers any firearm of a size which may be

concealed upon the person, incidental to a sale, without

withholding delivery of such firearm for at least 72 hours

after application for its purchase has been made, or

delivers any rifle, shotgun or other long gun, or a stun

gun or taser, incidental to a sale, without withholding

delivery of such rifle, shotgun or other long gun, or a

stun gun or taser for at least 24 hours after application

for its purchase has been made. However, this paragraph (g)

does not apply to: (1) the sale of a firearm to a law

enforcement officer if the seller of the firearm knows that

the person to whom he or she is selling the firearm is a

law enforcement officer or the sale of a firearm to a

person who desires to purchase a firearm for use in

promoting the public interest incident to his or her

employment as a bank guard, armed truck guard, or other

similar employment; (2) a mail order sale of a firearm to a

nonresident of Illinois under which the firearm is mailed

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

of a firearm to a nonresident of Illinois while at a

firearm showing or display recognized by the Illinois

Department of State Police; or (4) the sale of a firearm to

a dealer licensed as a federal firearms dealer under

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

U.S.C. 923). For purposes of this paragraph (g),

"application" means when the buyer and seller reach an

agreement to purchase a firearm.

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

manufacturer or pawnbroker under the federal Gun Control

Act of 1968, manufactures, sells or delivers to any

unlicensed person a handgun having a barrel, slide, frame

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

other nonhomogeneous metal which will melt or deform at a

temperature of less than 800 degrees Fahrenheit. For

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

the Firearm Owners Identification Card Act; and (2)

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

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

combination of parts from which such a firearm can be

assembled.

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

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

Owner's Identification Card.

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

business of selling firearms at wholesale or retail without

being licensed as a federal firearms dealer under Section

923 of the federal Gun Control Act of 1968 (18 U.S.C. 923).

In this paragraph (j):

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

devotes time, attention, and labor to engaging in the

activity as a regular course of trade or business with the

principal objective of livelihood and profit, but does not

include a person who makes occasional repairs of firearms

or who occasionally fits special barrels, stocks, or

trigger mechanisms to firearms.

"With the principal objective of livelihood and

profit" means that the intent underlying the sale or

disposition of firearms is predominantly one of obtaining

livelihood and pecuniary gain, as opposed to other intents,

such as improving or liquidating a personal firearms

collection; however, proof of profit shall not be required

as to a person who engages in the regular and repetitive

purchase and disposition of firearms for criminal purposes

or terrorism.

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

person who does not display to the seller or transferor of

the firearm a currently valid Firearm Owner's

Identification Card that has previously been issued in the

transferee's name by the Department of State Police under

the provisions of the Firearm Owners Identification Card

Act. This paragraph (k) does not apply to the transfer of a

firearm to a person who is exempt from the requirement of

possessing a Firearm Owner's Identification Card under

Section 2 of the Firearm Owners Identification Card Act.

For the purposes of this Section, a currently valid Firearm

Owner's Identification Card means (i) a Firearm Owner's

Identification Card that has not expired or (ii) if the

transferor is licensed as a federal firearms dealer under

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

U.S.C. 923), an approval number issued in accordance with

subsection (a-10) of subsection 3 or Section 3.1 of the

Firearm Owners Identification Card Act shall be proof that

the Firearm Owner's Identification Card was valid.

(1) In addition to the other requirements of this

paragraph (k), all persons who are not federally

licensed firearms dealers must also have complied with

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

Identification Card Act by determining the validity of

a purchaser's Firearm Owner's Identification Card.

(2) All sellers or transferors who have complied

with the requirements of subparagraph (1) of this

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

civil action arising from the use or misuse by the

transferee of the firearm transferred, except for

willful or wanton misconduct on the part of the seller

or transferor.

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

delivers the firearm, knowing it to have been stolen or

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

firearm with knowledge that its serial number has been

removed or altered has knowledge that the firearm is stolen

or converted.

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

firearms sold within 6 months after enactment of Public Act

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

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

purchased by any citizen within 6 months after the enactment of

Public Act 78-355 subject to confiscation or seizure under the

provisions of that Public Act. Nothing in Public Act 78-355

shall be construed to prohibit the gift or trade of any firearm

if that firearm was legally held or acquired within 6 months

after the enactment of that Public Act.

(C) Sentence.

(1) Any person convicted of unlawful sale or delivery

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

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

(2) Any person convicted of unlawful sale or delivery

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

subsection (A) commits a Class 3 felony.

(3) Any person convicted of unlawful sale or delivery

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

commits a Class 2 felony.

(4) Any person convicted of unlawful sale or delivery

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

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

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

comprising a school, at a school related activity, or on or

within 1,000 feet of any conveyance owned, leased, or

contracted by a school or school district to transport

students to or from school or a school related activity,

regardless of the time of day or time of year at which the

offense was committed, commits a Class 1 felony. Any person

convicted of a second or subsequent violation of unlawful

sale or delivery of firearms in violation of paragraph (a),

(b), or (i) of subsection (A) in any school, on the real

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

property comprising a school, at a school related activity,

or on or within 1,000 feet of any conveyance owned, leased,

or contracted by a school or school district to transport

students to or from school or a school related activity,

regardless of the time of day or time of year at which the

offense was committed, commits a Class 1 felony for which

the sentence shall be a term of imprisonment of no less

than 5 years and no more than 15 years.

(5) Any person convicted of unlawful sale or delivery

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

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

managed by a public housing agency or leased by a public

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

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

residential property owned, operated, or managed by a

public housing agency or leased by a public housing agency

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

the real property comprising any public park, on the real

property comprising any courthouse, or on any public way

within 1,000 feet of the real property comprising any

public park, courthouse, or residential property owned,

operated, or managed by a public housing agency or leased

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

mixed-income development commits a Class 2 felony.

(6) Any person convicted of unlawful sale or delivery

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

commits a Class A misdemeanor. A second or subsequent

violation is a Class 4 felony.

(7) Any person convicted of unlawful sale or delivery

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

commits a Class 4 felony, except that a violation of

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

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

subsequent conviction for a violation of paragraph (k) of

subsection (A) is a Class 1 felony.

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

unlawful sale or delivery of firearms in violation of

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

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

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

forcible felony, shall be fined or imprisoned, or both, not

to exceed the maximum provided for the most serious

forcible felony so committed or attempted by the person

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

(9) Any person convicted of unlawful sale or delivery

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

commits a Class 3 felony.

(10) Any person convicted of unlawful sale or delivery

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

commits a Class 2 felony if the delivery is of one firearm.

Any person convicted of unlawful sale or delivery of

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

commits a Class 1 felony if the delivery is of not less

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

within a one year period. Any person convicted of unlawful

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

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

she shall be sentenced to a term of imprisonment of not

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

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

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

person convicted of unlawful sale or delivery of firearms

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

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

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

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

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

year period. Any person convicted of unlawful sale or

delivery of firearms in violation of paragraph (l) of

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

shall be sentenced to a term of imprisonment of not less

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

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

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

of unlawful sale or delivery of firearms in violation of

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

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

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

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

time or within a 5 year period.

(D) For purposes of this Section:

"School" means a public or private elementary or secondary

school, community college, college, or university.

"School related activity" means any sporting, social,

academic, or other activity for which students' attendance or

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

part by a school or school district.

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

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

after the commission of the offense. A prosecution for a

violation of this Section other than paragraph (g) of

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

after the commission of the offense defined in the particular

paragraph.

(Source: P.A. 96-190, eff. 1-1-10; 97-227, eff. 1-1-12; 97-347,

eff. 1-1-12; 97-813, eff. 7-13-12; 97-1167, eff. 6-1-13.)

(720 ILCS 5/24-4.1 new)

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

(a) If a person who possesses a valid Firearm Owner's

Identification Card and who possesses or acquires a firearm

thereafter loses the firearm, or if the firearm is stolen from

the person, the person must report the loss or theft to the

local law enforcement agency within 72 hours after obtaining

knowledge of the loss or theft.

(b) A law enforcement agency having jurisdiction shall take

a written report and shall, as soon as practical, enter the

firearm's serial number as stolen into the Law Enforcement

Agencies Data System (LEADS).

(c) A person shall not be in violation of this Section if:

(1) the failure to report is due to an act of God, act

of war, or inability of a law enforcement agency to receive

the report;

(2) the person is hospitalized, in a coma, or is

otherwise seriously physically or mentally impaired as to

prevent the person from reporting; or

(3) the person's designee makes a report if the person

is unable to make the report.

(d) Sentence. A person who violates this Section is guilty

of a petty offense for a first violation. A second or

subsequent violation of this Section is a Class A misdemeanor.

Section 95. No acceleration or delay. Where this Act makes

changes in a statute that is represented in this Act by text

that is not yet or no longer in effect (for example, a Section

represented by multiple versions), the use of that text does

not accelerate or delay the taking effect of (i) the changes

made by this Act or (ii) provisions derived from any other

Public Act.