HB1189 Enrolled LRB098 02638 RLC 32643 b
1		AN ACT concerning criminal law, which may be referred to as
2		the Gun Safety and Responsibility Act.
3		Be it enacted by the People of the State of Illinois,
4		represented in the General Assembly:
5		Section 5. The Firearm Owners Identification Card Act is
6		amended by changing Sections 3, 3.3, and 8 as follows:
7		(430 ILCS 65/3) (from Ch. 38, par. 83-3)
8		Sec. 3. (a) Except as provided in Section 3a, no person may
9		knowingly transfer, or cause to be transferred, any firearm,
10		firearm ammunition, stun gun, or taser to any person within
11		this State unless the transferee with whom he deals displays a
12		currently valid Firearm Owner's Identification Card which has
13		previously been issued in his name by the Department of State
14		Police under the provisions of this Act. In addition, all
15		firearm, stun gun, and taser transfers by federally licensed
16		firearm dealers are subject to Section 3.1.
17		(a-5) Any person who is not a federally licensed firearm
18		dealer and who desires to transfer or sell a firearm while that
19		person is on the grounds of a gun show must, before selling or
20		transferring the firearm, request the Department of State
21		Police to conduct a background check on the prospective
22		recipient of the firearm in accordance with Section 3.1.
23		(a-10) Any person who is not a federally licensed firearm

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1		dealer and who desires to transfer or sell a firearm or
2		firearms to any person who is not a federally licensed firearm
3		dealer shall, before selling or transferring the firearms,
4		contact the Department of State Police with the transferee's or
5		purchaser's Firearm Owner's Identification Card number to
6		determine the validity of the transferee's or purchaser's
7		Firearm Owner's Identification Card. This subsection shall not
8		be effective until January 1, 2014. The Department of State
9		Police may adopt rules concerning the implementation of this
10		subsection. The Department of State Police shall provide the
11		seller or transferor an approval number if the purchaser's
12		Firearm Owner's Identification Card is valid. Approvals issued
13		by the Department for the purchase of a firearm pursuant to
14		this subsection are valid for 30 days from the date of issue.
15		(a-15) The provisions of subsection (a-10) of this Section
16		do not apply to:
17		(1) transfers that occur at the place of business of a
18		federally licensed firearm dealer, if the federally
19		licensed firearm dealer conducts a background check on the
20		prospective recipient of the firearm in accordance with
21		Section 3.1 of this Act and follows all other applicable
22		federal, State, and local laws as if he or she were the
23		seller or transferor of the firearm, although the dealer is
24		not required to accept the firearm into his or her
25		inventory. The purchaser or transferee may be required by
26		the federally licensed firearm dealer to pay a fee not to

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1		exceed $10 per firearm, which the dealer may retain as
2		compensation for performing the functions required under
3		this paragraph, plus the applicable fees authorized by
4		Section 3.1;
5		(2) transfers as a bona fide gift to the transferor's
6		husband, wife, son, daughter, stepson, stepdaughter,
7		father, mother, stepfather, stepmother, brother, sister,
8		nephew, niece, uncle, aunt, grandfather, grandmother,
9		grandson, granddaughter, father-in-law, mother-in-law,
10		son-in-law, or daughter-in-law;
11		(3) transfers by persons acting pursuant to operation
12		of law or a court order;
13		(4) transfers on the grounds of a gun show under
14		subsection (a-5) of this Section;
15		(5) the delivery of a firearm by its owner to a
16		gunsmith for service or repair, the return of the firearm
17		to its owner by the gunsmith, or the delivery of a firearm
18		by a gunsmith to a federally licensed firearms dealer for
19		service or repair and the return of the firearm to the
20		gunsmith;
21		(6) temporary transfers that occur while in the home of
22		the unlicensed transferee, if the unlicensed transferee is
23		not otherwise prohibited from possessing firearms and the
24		unlicensed transferee reasonably believes that possession
25		of the firearm is necessary to prevent imminent death or
26		great bodily harm to the unlicensed transferee;

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1		(7) transfers to a law enforcement or corrections
2		agency or a law enforcement or corrections officer acting
3		within the course and scope of his or her official duties;
4		(8) transfers of firearms that have been rendered
5		permanently inoperable to a nonprofit historical society,
6		museum, or institutional collection; and
7		(9) transfers to a person who is exempt from the
8		requirement of possessing a Firearm Owner's Identification
9		Card under Section 2 of this Act.
10		(a-20) The Department of State Police shall develop an
11		Internet-based system for individuals to determine the
12		validity of a Firearm Owner's Identification Card prior to the
13		sale or transfer of a firearm. The Department shall have the
14		Internet-based system completed and available for use by July
15		1, 2015. The Department shall adopt rules not inconsistent with
16		this Section to implement this system.
17		(b) Any person within this State who transfers or causes to
18		be transferred any firearm, stun gun, or taser shall keep a
19		record of such transfer for a period of 10 years from the date
20		of transfer. Such record shall contain the date of the
21		transfer; the description, serial number or other information
22		identifying the firearm, stun gun, or taser if no serial number
23		is available; and, if the transfer was completed within this
24		State, the transferee's Firearm Owner's Identification Card
25		number and any approval number or documentation provided by the
26		Department of State Police pursuant to subsection (a-10) of

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1		this Section. On or after January 1, 2006, the record shall
2		contain the date of application for transfer of the firearm. On
3		demand of a peace officer such transferor shall produce for
4		inspection such record of transfer. If the transfer or sale
5		took place at a gun show, the record shall include the unique
6		identification number. Failure to record the unique
7		identification number or approval number is a petty offense.
8		(b-5) Any resident may purchase ammunition from a person
9		within or outside of Illinois if shipment is by United States
10		mail or by a private express carrier authorized by federal law
11		to ship ammunition. Any resident purchasing ammunition within
12		or outside the State of Illinois must provide the seller with a
13		copy of his or her valid Firearm Owner's Identification Card
14		and either his or her Illinois driver's license or Illinois
15		State Identification Card prior to the shipment of the
16		ammunition. The ammunition may be shipped only to an address on
17		either of those 2 documents.
18		(c) The provisions of this Section regarding the transfer
19		of firearm ammunition shall not apply to those persons
20		specified in paragraph (b) of Section 2 of this Act.
21		(Source: P.A. 97-1135, eff. 12-4-12.)
22		(430 ILCS 65/3.3)
23		Sec. 3.3. Report to the local law enforcement agency. The
24		Department of State Police must report the name and address of
25		a person to the local law enforcement agency where the person

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1		resides if the person attempting to purchase a firearm is
2		disqualified from purchasing a firearm because of information
3		obtained under subsection (a-10) of Section 3 or Section 3.1
4		that would disqualify the person from obtaining a Firearm
5		Owner's Identification Card under any of subsections (c)
6		through (n) of Section 8 of this Act.
7		(Source: P.A. 94-125, eff. 1-1-06.)
8		(430 ILCS 65/8) (from Ch. 38, par. 83-8)
9		(Text of Section before amendment by P.A. 97-1167)
10		Sec. 8. Grounds for denial and revocation.
11		The Department of State Police has authority to deny an
12		application for or to revoke and seize a Firearm Owner's
13		Identification Card previously issued under this Act only if
14		the Department finds that the applicant or the person to whom
15		such card was issued is or was at the time of issuance:
16		(a) A person under 21 years of age who has been
17		convicted of a misdemeanor other than a traffic offense or
18		adjudged delinquent;
19		(b) A person under 21 years of age who does not have
20		the written consent of his parent or guardian to acquire
21		and possess firearms and firearm ammunition, or whose
22		parent or guardian has revoked such written consent, or
23		where such parent or guardian does not qualify to have a
24		Firearm Owner's Identification Card;
25		(c) A person convicted of a felony under the laws of

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1		this or any other jurisdiction;
2		(d) A person addicted to narcotics;
3		(e) A person who has been a patient of a mental
4		institution within the past 5 years. An active law
5		enforcement officer employed by a unit of government who is
6		denied, revoked, or has his or her Firearm Owner's
7		Identification Card seized under this subsection (e) may
8		obtain relief as described in subsection (c-5) of Section
9		10 of this Act if the officer did not act in a manner
10		threatening to the officer, another person, or the public
11		as determined by the treating clinical psychologist or
12		physician, and the officer seeks mental health treatment or
13		has been adjudicated as a mental defective;
14		(f) A person whose mental condition is of such a nature
15		that it poses a clear and present danger to the applicant,
16		any other person or persons or the community;
17		For the purposes of this Section, "mental condition"
18		means a state of mind manifested by violent, suicidal,
19		threatening or assaultive behavior.
20		(g) A person who is intellectually disabled;
21		(h) A person who intentionally makes a false statement
22		in the Firearm Owner's Identification Card application;
23		(i) An alien who is unlawfully present in the United
24		States under the laws of the United States;
25		(i-5) An alien who has been admitted to the United
26		States under a non-immigrant visa (as that term is defined

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1		in Section 101(a)(26) of the Immigration and Nationality
2		Act (8 U.S.C. 1101(a)(26))), except that this subsection
3		(i-5) does not apply to any alien who has been lawfully
4		admitted to the United States under a non-immigrant visa if
5		that alien is:
6		(1) admitted to the United States for lawful hunting or
7		sporting purposes;
8		(2) an official representative of a foreign government
9		who is:
10		(A) accredited to the United States Government or
11		the Government's mission to an international
12		organization having its headquarters in the United
13		States; or
14		(B) en route to or from another country to which
15		that alien is accredited;
16		(3) an official of a foreign government or
17		distinguished foreign visitor who has been so
18		designated by the Department of State;
19		(4) a foreign law enforcement officer of a friendly
20		foreign government entering the United States on
21		official business; or
22		(5) one who has received a waiver from the Attorney
23		General of the United States pursuant to 18 U.S.C.
24		922(y)(3);
25		(j) (Blank);
26		(k) A person who has been convicted within the past 5

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1		years of battery, assault, aggravated assault, violation
2		of an order of protection, or a substantially similar
3		offense in another jurisdiction, in which a firearm was
4		used or possessed;
5		(l) A person who has been convicted of domestic
6		battery, aggravated domestic battery, or a substantially
7		similar offense in another jurisdiction committed before,
8		on or after January 1, 2012 (the effective date of Public
9		Act 97-158). If the applicant or person who has been
10		previously issued a Firearm Owner's Identification Card
11		under this Act knowingly and intelligently waives the right
12		to have an offense described in this paragraph (l) tried by
13		a jury, and by guilty plea or otherwise, results in a
14		conviction for an offense in which a domestic relationship
15		is not a required element of the offense but in which a
16		determination of the applicability of 18 U.S.C. 922(g)(9)
17		is made under Section 112A-11.1 of the Code of Criminal
18		Procedure of 1963, an entry by the court of a judgment of
19		conviction for that offense shall be grounds for denying an
20		application for and for revoking and seizing a Firearm
21		Owner's Identification Card previously issued to the
22		person under this Act;
23		(m) (Blank);
24		(n) A person who is prohibited from acquiring or
25		possessing firearms or firearm ammunition by any Illinois
26		State statute or by federal law;

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1		(o) A minor subject to a petition filed under Section
2		5-520 of the Juvenile Court Act of 1987 alleging that the
3		minor is a delinquent minor for the commission of an
4		offense that if committed by an adult would be a felony;
5		(p) An adult who had been adjudicated a delinquent
6		minor under the Juvenile Court Act of 1987 for the
7		commission of an offense that if committed by an adult
8		would be a felony; or
9		(q) A person who is not a resident of the State of
10		Illinois, except as provided in subsection (a-10) of
11		Section 4.
12		(Source: P.A. 96-701, eff. 1-1-10; 97-158, eff. 1-1-12; 97-227,
13		eff. 1-1-12; 97-813, eff. 7-13-12; 97-1131, eff. 1-1-13.)
14		(Text of Section after amendment by P.A. 97-1167)
15		Sec. 8. Grounds for denial and revocation.
16		The Department of State Police has authority to deny an
17		application for or to revoke and seize a Firearm Owner's
18		Identification Card previously issued under this Act only if
19		the Department finds that the applicant or the person to whom
20		such card was issued is or was at the time of issuance:
21		(a) A person under 21 years of age who has been
22		convicted of a misdemeanor other than a traffic offense or
23		adjudged delinquent;
24		(b) A person under 21 years of age who does not have
25		the written consent of his parent or guardian to acquire

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1		and possess firearms and firearm ammunition, or whose
2		parent or guardian has revoked such written consent, or
3		where such parent or guardian does not qualify to have a
4		Firearm Owner's Identification Card;
5		(c) A person convicted of a felony under the laws of
6		this or any other jurisdiction;
7		(d) A person addicted to narcotics;
8		(e) A person who has been a patient of a mental
9		institution within the past 5 years. An active law
10		enforcement officer employed by a unit of government who is
11		denied, revoked, or has his or her Firearm Owner's
12		Identification Card seized under this subsection (e) may
13		obtain relief as described in subsection (c-5) of Section
14		10 of this Act if the officer did not act in a manner
15		threatening to the officer, another person, or the public
16		as determined by the treating clinical psychologist or
17		physician, and the officer seeks mental health treatment;
18		(f) A person whose mental condition is of such a nature
19		that it poses a clear and present danger to the applicant,
20		any other person or persons or the community;
21		For the purposes of this Section, "mental condition"
22		means a state of mind manifested by violent, suicidal,
23		threatening or assaultive behavior.
24		(g) A person who is intellectually disabled;
25		(h) A person who intentionally makes a false statement
26		in the Firearm Owner's Identification Card application;

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1		(i) An alien who is unlawfully present in the United
2		States under the laws of the United States;
3		(i-5) An alien who has been admitted to the United
4		States under a non-immigrant visa (as that term is defined
5		in Section 101(a)(26) of the Immigration and Nationality
6		Act (8 U.S.C. 1101(a)(26))), except that this subsection
7		(i-5) does not apply to any alien who has been lawfully
8		admitted to the United States under a non-immigrant visa if
9		that alien is:
10		(1) admitted to the United States for lawful hunting or
11		sporting purposes;
12		(2) an official representative of a foreign government
13		who is:
14		(A) accredited to the United States Government or
15		the Government's mission to an international
16		organization having its headquarters in the United
17		States; or
18		(B) en route to or from another country to which
19		that alien is accredited;
20		(3) an official of a foreign government or
21		distinguished foreign visitor who has been so
22		designated by the Department of State;
23		(4) a foreign law enforcement officer of a friendly
24		foreign government entering the United States on
25		official business; or
26		(5) one who has received a waiver from the Attorney

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1		General of the United States pursuant to 18 U.S.C.
2		922(y)(3);
3		(j) (Blank);
4		(k) A person who has been convicted within the past 5
5		years of battery, assault, aggravated assault, violation
6		of an order of protection, or a substantially similar
7		offense in another jurisdiction, in which a firearm was
8		used or possessed;
9		(l) A person who has been convicted of domestic
10		battery, aggravated domestic battery, or a substantially
11		similar offense in another jurisdiction committed before,
12		on or after January 1, 2012 (the effective date of Public
13		Act 97-158). If the applicant or person who has been
14		previously issued a Firearm Owner's Identification Card
15		under this Act knowingly and intelligently waives the right
16		to have an offense described in this paragraph (l) tried by
17		a jury, and by guilty plea or otherwise, results in a
18		conviction for an offense in which a domestic relationship
19		is not a required element of the offense but in which a
20		determination of the applicability of 18 U.S.C. 922(g)(9)
21		is made under Section 112A-11.1 of the Code of Criminal
22		Procedure of 1963, an entry by the court of a judgment of
23		conviction for that offense shall be grounds for denying an
24		application for and for revoking and seizing a Firearm
25		Owner's Identification Card previously issued to the
26		person under this Act;

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1		(m) (Blank);
2		(n) A person who is prohibited from acquiring or
3		possessing firearms or firearm ammunition by any Illinois
4		State statute or by federal law;
5		(o) A minor subject to a petition filed under Section
6		5-520 of the Juvenile Court Act of 1987 alleging that the
7		minor is a delinquent minor for the commission of an
8		offense that if committed by an adult would be a felony;
9		(p) An adult who had been adjudicated a delinquent
10		minor under the Juvenile Court Act of 1987 for the
11		commission of an offense that if committed by an adult
12		would be a felony;
13		(q) A person who is not a resident of the State of
14		Illinois, except as provided in subsection (a-10) of
15		Section 4; or
16		(r) A person who has been adjudicated as a mental
17		defective.
18		(Source: P.A. 96-701, eff. 1-1-10; 97-158, eff. 1-1-12; 97-227,
19		eff. 1-1-12; 97-813, eff. 7-13-12; 97-1131, eff. 1-1-13;
20		97-1167, eff. 6-1-13.)
21		Section 10. The Criminal Code of 2012 is amended by
22		changing Section 24-3 and adding Section 24-4.1 as follows:
23		(720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
24		(Text of Section before amendment by P.A. 97-1167)

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1		Sec. 24-3. Unlawful sale or delivery of firearms.
2		(A) A person commits the offense of unlawful sale or
3		delivery of firearms when he or she knowingly does any of the
4		following:
5		(a) Sells or gives any firearm of a size which may be
6		concealed upon the person to any person under 18 years of
7		age.
8		(b) Sells or gives any firearm to a person under 21
9		years of age who has been convicted of a misdemeanor other
10		than a traffic offense or adjudged delinquent.
11		(c) Sells or gives any firearm to any narcotic addict.
12		(d) Sells or gives any firearm to any person who has
13		been convicted of a felony under the laws of this or any
14		other jurisdiction.
15		(e) Sells or gives any firearm to any person who has
16		been a patient in a mental hospital within the past 5
17		years.
18		(f) Sells or gives any firearms to any person who is
19		intellectually disabled.
20		(g) Delivers any firearm of a size which may be
21		concealed upon the person, incidental to a sale, without
22		withholding delivery of such firearm for at least 72 hours
23		after application for its purchase has been made, or
24		delivers any rifle, shotgun or other long gun, or a stun
25		gun or taser, incidental to a sale, without withholding
26		delivery of such rifle, shotgun or other long gun, or a

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1		stun gun or taser for at least 24 hours after application
2		for its purchase has been made. However, this paragraph (g)
3		does not apply to: (1) the sale of a firearm to a law
4		enforcement officer if the seller of the firearm knows that
5		the person to whom he or she is selling the firearm is a
6		law enforcement officer or the sale of a firearm to a
7		person who desires to purchase a firearm for use in
8		promoting the public interest incident to his or her
9		employment as a bank guard, armed truck guard, or other
10		similar employment; (2) a mail order sale of a firearm to a
11		nonresident of Illinois under which the firearm is mailed
12		to a point outside the boundaries of Illinois; (3) the sale
13		of a firearm to a nonresident of Illinois while at a
14		firearm showing or display recognized by the Illinois
15		Department of State Police; or (4) the sale of a firearm to
16		a dealer licensed as a federal firearms dealer under
17		Section 923 of the federal Gun Control Act of 1968 (18
18		U.S.C. 923). For purposes of this paragraph (g),
19		"application" means when the buyer and seller reach an
20		agreement to purchase a firearm.
21		(h) While holding any license as a dealer, importer,
22		manufacturer or pawnbroker under the federal Gun Control
23		Act of 1968, manufactures, sells or delivers to any
24		unlicensed person a handgun having a barrel, slide, frame
25		or receiver which is a die casting of zinc alloy or any
26		other nonhomogeneous metal which will melt or deform at a

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1		temperature of less than 800 degrees Fahrenheit. For
2		purposes of this paragraph, (1) "firearm" is defined as in
3		the Firearm Owners Identification Card Act; and (2)
4		"handgun" is defined as a firearm designed to be held and
5		fired by the use of a single hand, and includes a
6		combination of parts from which such a firearm can be
7		assembled.
8		(i) Sells or gives a firearm of any size to any person
9		under 18 years of age who does not possess a valid Firearm
10		Owner's Identification Card.
11		(j) Sells or gives a firearm while engaged in the
12		business of selling firearms at wholesale or retail without
13		being licensed as a federal firearms dealer under Section
14		923 of the federal Gun Control Act of 1968 (18 U.S.C. 923).
15		In this paragraph (j):
16		A person "engaged in the business" means a person who
17		devotes time, attention, and labor to engaging in the
18		activity as a regular course of trade or business with the
19		principal objective of livelihood and profit, but does not
20		include a person who makes occasional repairs of firearms
21		or who occasionally fits special barrels, stocks, or
22		trigger mechanisms to firearms.
23		"With the principal objective of livelihood and
24		profit" means that the intent underlying the sale or
25		disposition of firearms is predominantly one of obtaining
26		livelihood and pecuniary gain, as opposed to other intents,

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1		such as improving or liquidating a personal firearms
2		collection; however, proof of profit shall not be required
3		as to a person who engages in the regular and repetitive
4		purchase and disposition of firearms for criminal purposes
5		or terrorism.
6		(k) Sells or transfers ownership of a firearm to a
7		person who does not display to the seller or transferor of
8		the firearm a currently valid Firearm Owner's
9		Identification Card that has previously been issued in the
10		transferee's name by the Department of State Police under
11		the provisions of the Firearm Owners Identification Card
12		Act. This paragraph (k) does not apply to the transfer of a
13		firearm to a person who is exempt from the requirement of
14		possessing a Firearm Owner's Identification Card under
15		Section 2 of the Firearm Owners Identification Card Act.
16		For the purposes of this Section, a currently valid Firearm
17		Owner's Identification Card means (i) a Firearm Owner's
18		Identification Card that has not expired or (ii) if the
19		transferor is licensed as a federal firearms dealer under
20		Section 923 of the federal Gun Control Act of 1968 (18
21		U.S.C. 923), an approval number issued in accordance with
22		subsection (a-10) of Section 3 or Section 3.1 of the
23		Firearm Owners Identification Card Act shall be proof that
24		the Firearm Owner's Identification Card was valid.
25		(1) In addition to the other requirements of this
26		paragraph (k), all persons who are not federally

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1		licensed firearms dealers must also have complied with
2		subsection (a-10) of Section 3 of the Firearm Owners
3		Identification Card Act by determining the validity of
4		a purchaser's Firearm Owner's Identification Card.
5		(2) All sellers or transferors who have complied
6		with the requirements of subparagraph (1) of this
7		paragraph (k) shall not be liable for damages in any
8		civil action arising from the use or misuse by the
9		transferee of the firearm transferred, except for
10		willful or wanton misconduct on the part of the seller
11		or transferor.
12		(l) Not being entitled to the possession of a firearm,
13		delivers the firearm, knowing it to have been stolen or
14		converted. It may be inferred that a person who possesses a
15		firearm with knowledge that its serial number has been
16		removed or altered has knowledge that the firearm is stolen
17		or converted.
18		(B) Paragraph (h) of subsection (A) does not include
19		firearms sold within 6 months after enactment of Public Act
20		78-355 (approved August 21, 1973, effective October 1, 1973),
21		nor is any firearm legally owned or possessed by any citizen or
22		purchased by any citizen within 6 months after the enactment of
23		Public Act 78-355 subject to confiscation or seizure under the
24		provisions of that Public Act. Nothing in Public Act 78-355
25		shall be construed to prohibit the gift or trade of any firearm
26		if that firearm was legally held or acquired within 6 months

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1		after the enactment of that Public Act.
2		(C) Sentence.
3		(1) Any person convicted of unlawful sale or delivery
4		of firearms in violation of paragraph (c), (e), (f), (g),
5		or (h) of subsection (A) commits a Class 4 felony.
6		(2) Any person convicted of unlawful sale or delivery
7		of firearms in violation of paragraph (b) or (i) of
8		subsection (A) commits a Class 3 felony.
9		(3) Any person convicted of unlawful sale or delivery
10		of firearms in violation of paragraph (a) of subsection (A)
11		commits a Class 2 felony.
12		(4) Any person convicted of unlawful sale or delivery
13		of firearms in violation of paragraph (a), (b), or (i) of
14		subsection (A) in any school, on the real property
15		comprising a school, within 1,000 feet of the real property
16		comprising a school, at a school related activity, or on or
17		within 1,000 feet of any conveyance owned, leased, or
18		contracted by a school or school district to transport
19		students to or from school or a school related activity,
20		regardless of the time of day or time of year at which the
21		offense was committed, commits a Class 1 felony. Any person
22		convicted of a second or subsequent violation of unlawful
23		sale or delivery of firearms in violation of paragraph (a),
24		(b), or (i) of subsection (A) in any school, on the real
25		property comprising a school, within 1,000 feet of the real
26		property comprising a school, at a school related activity,

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1		or on or within 1,000 feet of any conveyance owned, leased,
2		or contracted by a school or school district to transport
3		students to or from school or a school related activity,
4		regardless of the time of day or time of year at which the
5		offense was committed, commits a Class 1 felony for which
6		the sentence shall be a term of imprisonment of no less
7		than 5 years and no more than 15 years.
8		(5) Any person convicted of unlawful sale or delivery
9		of firearms in violation of paragraph (a) or (i) of
10		subsection (A) in residential property owned, operated, or
11		managed by a public housing agency or leased by a public
12		housing agency as part of a scattered site or mixed-income
13		development, in a public park, in a courthouse, on
14		residential property owned, operated, or managed by a
15		public housing agency or leased by a public housing agency
16		as part of a scattered site or mixed-income development, on
17		the real property comprising any public park, on the real
18		property comprising any courthouse, or on any public way
19		within 1,000 feet of the real property comprising any
20		public park, courthouse, or residential property owned,
21		operated, or managed by a public housing agency or leased
22		by a public housing agency as part of a scattered site or
23		mixed-income development commits a Class 2 felony.
24		(6) Any person convicted of unlawful sale or delivery
25		of firearms in violation of paragraph (j) of subsection (A)
26		commits a Class A misdemeanor. A second or subsequent

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1		violation is a Class 4 felony.
2		(7) Any person convicted of unlawful sale or delivery
3		of firearms in violation of paragraph (k) of subsection (A)
4		commits a Class 4 felony, except that a violation of
5		subparagraph (1) of paragraph (k) of subsection (A) shall
6		not be punishable as a crime or petty offense. A third or
7		subsequent conviction for a violation of paragraph (k) of
8		subsection (A) is a Class 1 felony.
9		(8) A person 18 years of age or older convicted of
10		unlawful sale or delivery of firearms in violation of
11		paragraph (a) or (i) of subsection (A), when the firearm
12		that was sold or given to another person under 18 years of
13		age was used in the commission of or attempt to commit a
14		forcible felony, shall be fined or imprisoned, or both, not
15		to exceed the maximum provided for the most serious
16		forcible felony so committed or attempted by the person
17		under 18 years of age who was sold or given the firearm.
18		(9) Any person convicted of unlawful sale or delivery
19		of firearms in violation of paragraph (d) of subsection (A)
20		commits a Class 3 felony.
21		(10) Any person convicted of unlawful sale or delivery
22		of firearms in violation of paragraph (l) of subsection (A)
23		commits a Class 2 felony if the delivery is of one firearm.
24		Any person convicted of unlawful sale or delivery of
25		firearms in violation of paragraph (l) of subsection (A)
26		commits a Class 1 felony if the delivery is of not less

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1		than 2 and not more than 5 firearms at the same time or
2		within a one year period. Any person convicted of unlawful
3		sale or delivery of firearms in violation of paragraph (l)
4		of subsection (A) commits a Class X felony for which he or
5		she shall be sentenced to a term of imprisonment of not
6		less than 6 years and not more than 30 years if the
7		delivery is of not less than 6 and not more than 10
8		firearms at the same time or within a 2 year period. Any
9		person convicted of unlawful sale or delivery of firearms
10		in violation of paragraph (l) of subsection (A) commits a
11		Class X felony for which he or she shall be sentenced to a
12		term of imprisonment of not less than 6 years and not more
13		than 40 years if the delivery is of not less than 11 and
14		not more than 20 firearms at the same time or within a 3
15		year period. Any person convicted of unlawful sale or
16		delivery of firearms in violation of paragraph (l) of
17		subsection (A) commits a Class X felony for which he or she
18		shall be sentenced to a term of imprisonment of not less
19		than 6 years and not more than 50 years if the delivery is
20		of not less than 21 and not more than 30 firearms at the
21		same time or within a 4 year period. Any person convicted
22		of unlawful sale or delivery of firearms in violation of
23		paragraph (l) of subsection (A) commits a Class X felony
24		for which he or she shall be sentenced to a term of
25		imprisonment of not less than 6 years and not more than 60
26		years if the delivery is of 31 or more firearms at the same

HB1189 Enrolled - 24 - LRB098 02638 RLC 32643 b
1		time or within a 5 year period.
2		(D) For purposes of this Section:
3		"School" means a public or private elementary or secondary
4		school, community college, college, or university.
5		"School related activity" means any sporting, social,
6		academic, or other activity for which students' attendance or
7		participation is sponsored, organized, or funded in whole or in
8		part by a school or school district.
9		(E) A prosecution for a violation of paragraph (k) of
10		subsection (A) of this Section may be commenced within 6 years
11		after the commission of the offense. A prosecution for a
12		violation of this Section other than paragraph (g) of
13		subsection (A) of this Section may be commenced within 5 years
14		after the commission of the offense defined in the particular
15		paragraph.
16		(Source: P.A. 96-190, eff. 1-1-10; 97-227, eff. 1-1-12; 97-347,
17		eff. 1-1-12; 97-813, eff. 7-13-12.)
18		(Text of Section after amendment by P.A. 97-1167)
19		Sec. 24-3. Unlawful sale or delivery of firearms.
20		(A) A person commits the offense of unlawful sale or
21		delivery of firearms when he or she knowingly does any of the
22		following:
23		(a) Sells or gives any firearm of a size which may be
24		concealed upon the person to any person under 18 years of
25		age.

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1		(b) Sells or gives any firearm to a person under 21
2		years of age who has been convicted of a misdemeanor other
3		than a traffic offense or adjudged delinquent.
4		(c) Sells or gives any firearm to any narcotic addict.
5		(d) Sells or gives any firearm to any person who has
6		been convicted of a felony under the laws of this or any
7		other jurisdiction.
8		(e) Sells or gives any firearm to any person who has
9		been a patient in a mental institution within the past 5
10		years. In this subsection (e):
11		"Mental institution" means any hospital,
12		institution, clinic, evaluation facility, mental
13		health center, or part thereof, which is used primarily
14		for the care or treatment of persons with mental
15		illness.
16		"Patient in a mental institution" means the person
17		was admitted, either voluntarily or involuntarily, to
18		a mental institution for mental health treatment,
19		unless the treatment was voluntary and solely for an
20		alcohol abuse disorder and no other secondary
21		substance abuse disorder or mental illness.
22		(f) Sells or gives any firearms to any person who is
23		intellectually disabled.
24		(g) Delivers any firearm of a size which may be
25		concealed upon the person, incidental to a sale, without
26		withholding delivery of such firearm for at least 72 hours

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1		after application for its purchase has been made, or
2		delivers any rifle, shotgun or other long gun, or a stun
3		gun or taser, incidental to a sale, without withholding
4		delivery of such rifle, shotgun or other long gun, or a
5		stun gun or taser for at least 24 hours after application
6		for its purchase has been made. However, this paragraph (g)
7		does not apply to: (1) the sale of a firearm to a law
8		enforcement officer if the seller of the firearm knows that
9		the person to whom he or she is selling the firearm is a
10		law enforcement officer or the sale of a firearm to a
11		person who desires to purchase a firearm for use in
12		promoting the public interest incident to his or her
13		employment as a bank guard, armed truck guard, or other
14		similar employment; (2) a mail order sale of a firearm to a
15		nonresident of Illinois under which the firearm is mailed
16		to a point outside the boundaries of Illinois; (3) the sale
17		of a firearm to a nonresident of Illinois while at a
18		firearm showing or display recognized by the Illinois
19		Department of State Police; or (4) the sale of a firearm to
20		a dealer licensed as a federal firearms dealer under
21		Section 923 of the federal Gun Control Act of 1968 (18
22		U.S.C. 923). For purposes of this paragraph (g),
23		"application" means when the buyer and seller reach an
24		agreement to purchase a firearm.
25		(h) While holding any license as a dealer, importer,
26		manufacturer or pawnbroker under the federal Gun Control

HB1189 Enrolled - 27 - LRB098 02638 RLC 32643 b
1		Act of 1968, manufactures, sells or delivers to any
2		unlicensed person a handgun having a barrel, slide, frame
3		or receiver which is a die casting of zinc alloy or any
4		other nonhomogeneous metal which will melt or deform at a
5		temperature of less than 800 degrees Fahrenheit. For
6		purposes of this paragraph, (1) "firearm" is defined as in
7		the Firearm Owners Identification Card Act; and (2)
8		"handgun" is defined as a firearm designed to be held and
9		fired by the use of a single hand, and includes a
10		combination of parts from which such a firearm can be
11		assembled.
12		(i) Sells or gives a firearm of any size to any person
13		under 18 years of age who does not possess a valid Firearm
14		Owner's Identification Card.
15		(j) Sells or gives a firearm while engaged in the
16		business of selling firearms at wholesale or retail without
17		being licensed as a federal firearms dealer under Section
18		923 of the federal Gun Control Act of 1968 (18 U.S.C. 923).
19		In this paragraph (j):
20		A person "engaged in the business" means a person who
21		devotes time, attention, and labor to engaging in the
22		activity as a regular course of trade or business with the
23		principal objective of livelihood and profit, but does not
24		include a person who makes occasional repairs of firearms
25		or who occasionally fits special barrels, stocks, or
26		trigger mechanisms to firearms.

HB1189 Enrolled - 28 - LRB098 02638 RLC 32643 b
1		"With the principal objective of livelihood and
2		profit" means that the intent underlying the sale or
3		disposition of firearms is predominantly one of obtaining
4		livelihood and pecuniary gain, as opposed to other intents,
5		such as improving or liquidating a personal firearms
6		collection; however, proof of profit shall not be required
7		as to a person who engages in the regular and repetitive
8		purchase and disposition of firearms for criminal purposes
9		or terrorism.
10		(k) Sells or transfers ownership of a firearm to a
11		person who does not display to the seller or transferor of
12		the firearm a currently valid Firearm Owner's
13		Identification Card that has previously been issued in the
14		transferee's name by the Department of State Police under
15		the provisions of the Firearm Owners Identification Card
16		Act. This paragraph (k) does not apply to the transfer of a
17		firearm to a person who is exempt from the requirement of
18		possessing a Firearm Owner's Identification Card under
19		Section 2 of the Firearm Owners Identification Card Act.
20		For the purposes of this Section, a currently valid Firearm
21		Owner's Identification Card means (i) a Firearm Owner's
22		Identification Card that has not expired or (ii) if the
23		transferor is licensed as a federal firearms dealer under
24		Section 923 of the federal Gun Control Act of 1968 (18
25		U.S.C. 923), an approval number issued in accordance with
26		subsection (a-10) of subsection 3 or Section 3.1 of the

HB1189 Enrolled - 29 - LRB098 02638 RLC 32643 b
1		Firearm Owners Identification Card Act shall be proof that
2		the Firearm Owner's Identification Card was valid.
3		(1) In addition to the other requirements of this
4		paragraph (k), all persons who are not federally
5		licensed firearms dealers must also have complied with
6		subsection (a-10) of Section 3 of the Firearm Owners
7		Identification Card Act by determining the validity of
8		a purchaser's Firearm Owner's Identification Card.
9		(2) All sellers or transferors who have complied
10		with the requirements of subparagraph (1) of this
11		paragraph (k) shall not be liable for damages in any
12		civil action arising from the use or misuse by the
13		transferee of the firearm transferred, except for
14		willful or wanton misconduct on the part of the seller
15		or transferor.
16		(l) Not being entitled to the possession of a firearm,
17		delivers the firearm, knowing it to have been stolen or
18		converted. It may be inferred that a person who possesses a
19		firearm with knowledge that its serial number has been
20		removed or altered has knowledge that the firearm is stolen
21		or converted.
22		(B) Paragraph (h) of subsection (A) does not include
23		firearms sold within 6 months after enactment of Public Act
24		78-355 (approved August 21, 1973, effective October 1, 1973),
25		nor is any firearm legally owned or possessed by any citizen or
26		purchased by any citizen within 6 months after the enactment of

HB1189 Enrolled - 30 - LRB098 02638 RLC 32643 b
1		Public Act 78-355 subject to confiscation or seizure under the
2		provisions of that Public Act. Nothing in Public Act 78-355
3		shall be construed to prohibit the gift or trade of any firearm
4		if that firearm was legally held or acquired within 6 months
5		after the enactment of that Public Act.
6		(C) Sentence.
7		(1) Any person convicted of unlawful sale or delivery
8		of firearms in violation of paragraph (c), (e), (f), (g),
9		or (h) of subsection (A) commits a Class 4 felony.
10		(2) Any person convicted of unlawful sale or delivery
11		of firearms in violation of paragraph (b) or (i) of
12		subsection (A) commits a Class 3 felony.
13		(3) Any person convicted of unlawful sale or delivery
14		of firearms in violation of paragraph (a) of subsection (A)
15		commits a Class 2 felony.
16		(4) Any person convicted of unlawful sale or delivery
17		of firearms in violation of paragraph (a), (b), or (i) of
18		subsection (A) in any school, on the real property
19		comprising a school, within 1,000 feet of the real property
20		comprising a school, at a school related activity, or on or
21		within 1,000 feet of any conveyance owned, leased, or
22		contracted by a school or school district to transport
23		students to or from school or a school related activity,
24		regardless of the time of day or time of year at which the
25		offense was committed, commits a Class 1 felony. Any person
26		convicted of a second or subsequent violation of unlawful

HB1189 Enrolled - 31 - LRB098 02638 RLC 32643 b
1		sale or delivery of firearms in violation of paragraph (a),
2		(b), or (i) of subsection (A) in any school, on the real
3		property comprising a school, within 1,000 feet of the real
4		property comprising a school, at a school related activity,
5		or on or within 1,000 feet of any conveyance owned, leased,
6		or contracted by a school or school district to transport
7		students to or from school or a school related activity,
8		regardless of the time of day or time of year at which the
9		offense was committed, commits a Class 1 felony for which
10		the sentence shall be a term of imprisonment of no less
11		than 5 years and no more than 15 years.
12		(5) Any person convicted of unlawful sale or delivery
13		of firearms in violation of paragraph (a) or (i) of
14		subsection (A) in residential property owned, operated, or
15		managed by a public housing agency or leased by a public
16		housing agency as part of a scattered site or mixed-income
17		development, in a public park, in a courthouse, on
18		residential property owned, operated, or managed by a
19		public housing agency or leased by a public housing agency
20		as part of a scattered site or mixed-income development, on
21		the real property comprising any public park, on the real
22		property comprising any courthouse, or on any public way
23		within 1,000 feet of the real property comprising any
24		public park, courthouse, or residential property owned,
25		operated, or managed by a public housing agency or leased
26		by a public housing agency as part of a scattered site or

HB1189 Enrolled - 32 - LRB098 02638 RLC 32643 b
1		mixed-income development commits a Class 2 felony.
2		(6) Any person convicted of unlawful sale or delivery
3		of firearms in violation of paragraph (j) of subsection (A)
4		commits a Class A misdemeanor. A second or subsequent
5		violation is a Class 4 felony.
6		(7) Any person convicted of unlawful sale or delivery
7		of firearms in violation of paragraph (k) of subsection (A)
8		commits a Class 4 felony, except that a violation of
9		subparagraph (1) of paragraph (k) of subsection (A) shall
10		not be punishable as a crime or petty offense. A third or
11		subsequent conviction for a violation of paragraph (k) of
12		subsection (A) is a Class 1 felony.
13		(8) A person 18 years of age or older convicted of
14		unlawful sale or delivery of firearms in violation of
15		paragraph (a) or (i) of subsection (A), when the firearm
16		that was sold or given to another person under 18 years of
17		age was used in the commission of or attempt to commit a
18		forcible felony, shall be fined or imprisoned, or both, not
19		to exceed the maximum provided for the most serious
20		forcible felony so committed or attempted by the person
21		under 18 years of age who was sold or given the firearm.
22		(9) Any person convicted of unlawful sale or delivery
23		of firearms in violation of paragraph (d) of subsection (A)
24		commits a Class 3 felony.
25		(10) Any person convicted of unlawful sale or delivery
26		of firearms in violation of paragraph (l) of subsection (A)

HB1189 Enrolled - 33 - LRB098 02638 RLC 32643 b
1		commits a Class 2 felony if the delivery is of one firearm.
2		Any person convicted of unlawful sale or delivery of
3		firearms in violation of paragraph (l) of subsection (A)
4		commits a Class 1 felony if the delivery is of not less
5		than 2 and not more than 5 firearms at the same time or
6		within a one year period. Any person convicted of unlawful
7		sale or delivery of firearms in violation of paragraph (l)
8		of subsection (A) commits a Class X felony for which he or
9		she shall be sentenced to a term of imprisonment of not
10		less than 6 years and not more than 30 years if the
11		delivery is of not less than 6 and not more than 10
12		firearms at the same time or within a 2 year period. Any
13		person convicted of unlawful sale or delivery of firearms
14		in violation of paragraph (l) of subsection (A) commits a
15		Class X felony for which he or she shall be sentenced to a
16		term of imprisonment of not less than 6 years and not more
17		than 40 years if the delivery is of not less than 11 and
18		not more than 20 firearms at the same time or within a 3
19		year period. Any person convicted of unlawful sale or
20		delivery of firearms in violation of paragraph (l) of
21		subsection (A) commits a Class X felony for which he or she
22		shall be sentenced to a term of imprisonment of not less
23		than 6 years and not more than 50 years if the delivery is
24		of not less than 21 and not more than 30 firearms at the
25		same time or within a 4 year period. Any person convicted
26		of unlawful sale or delivery of firearms in violation of

HB1189 Enrolled - 34 - LRB098 02638 RLC 32643 b
1		paragraph (l) of subsection (A) commits a Class X felony
2		for which he or she shall be sentenced to a term of
3		imprisonment of not less than 6 years and not more than 60
4		years if the delivery is of 31 or more firearms at the same
5		time or within a 5 year period.
6		(D) For purposes of this Section:
7		"School" means a public or private elementary or secondary
8		school, community college, college, or university.
9		"School related activity" means any sporting, social,
10		academic, or other activity for which students' attendance or
11		participation is sponsored, organized, or funded in whole or in
12		part by a school or school district.
13		(E) A prosecution for a violation of paragraph (k) of
14		subsection (A) of this Section may be commenced within 6 years
15		after the commission of the offense. A prosecution for a
16		violation of this Section other than paragraph (g) of
17		subsection (A) of this Section may be commenced within 5 years
18		after the commission of the offense defined in the particular
19		paragraph.
20		(Source: P.A. 96-190, eff. 1-1-10; 97-227, eff. 1-1-12; 97-347,
21		eff. 1-1-12; 97-813, eff. 7-13-12; 97-1167, eff. 6-1-13.)
22		(720 ILCS 5/24-4.1 new)
23		Sec. 24-4.1. Report of lost or stolen firearms.
24		(a) If a person who possesses a valid Firearm Owner's
25		Identification Card and who possesses or acquires a firearm

HB1189 Enrolled - 35 - LRB098 02638 RLC 32643 b
1		thereafter loses the firearm, or if the firearm is stolen from
2		the person, the person must report the loss or theft to the
3		local law enforcement agency within 72 hours after obtaining
4		knowledge of the loss or theft.
5		(b) A law enforcement agency having jurisdiction shall take
6		a written report and shall, as soon as practical, enter the
7		firearm's serial number as stolen into the Law Enforcement
8		Agencies Data System (LEADS).
9		(c) A person shall not be in violation of this Section if:
10		(1) the failure to report is due to an act of God, act
11		of war, or inability of a law enforcement agency to receive
12		the report;
13		(2) the person is hospitalized, in a coma, or is
14		otherwise seriously physically or mentally impaired as to
15		prevent the person from reporting; or
16		(3) the person's designee makes a report if the person
17		is unable to make the report.
18		(d) Sentence. A person who violates this Section is guilty
19		of a petty offense for a first violation. A second or
20		subsequent violation of this Section is a Class A misdemeanor.
21		Section 95. No acceleration or delay. Where this Act makes
22		changes in a statute that is represented in this Act by text
23		that is not yet or no longer in effect (for example, a Section
24		represented by multiple versions), the use of that text does
25		not accelerate or delay the taking effect of (i) the changes

HB1189 Enrolled - 36 - LRB098 02638 RLC 32643 b
1		made by this Act or (ii) provisions derived from any other
2		Public Act.