Rep. Luis Arroyo
Filed: 4/12/2018
 
 


 




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1
AMENDMENT TO HOUSE BILL 1470 




2 AMENDMENT NO. ______. Amend House Bill 1470 by replacing 
3everything after the enacting clause with the following:


4 "Section 5. The Criminal Code of 2012 is amended by 
5changing Section
24-3 and adding Section 24-3.1A
as follows:






6 (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)


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

8 (A) A person commits the offense of unlawful transfer sale 
9or delivery of firearms when he
or she knowingly does any of 
10the following:

11  (a) Transfers or possesses with intent to transfer 
12 Sells or gives any firearm of a size which may be concealed 
13 upon the
person to any person he or she has reasonable 
14 cause to believe is under 18 years of age.

15  (b) Transfers or possesses with intent to transfer 
16 Sells or gives any firearm to a person under 21 years of 
 
 
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1 age who has
been convicted of a misdemeanor other than a 
2 traffic offense or adjudged
delinquent.

3  (b-5) Transfers or possesses with intent to transfer 
4 any firearm to a
person he or she has reasonable cause to 
5 believe is under 18 years of age.
6  (c) Transfers or possesses with intent to transfer 
7 Sells or gives any firearm to any person he or she has 
8 reasonable cause
to believe is a narcotic addict.

9  (d) Transfers or possesses with intent to transfer 
10 Sells or gives any firearm to any person he or she has 
11 reasonable cause
to believe who has been convicted of a

12 felony under the laws of this or any other jurisdiction.

13  (e) Transfers or possesses with intent to transfer 
14 Sells or gives any firearm to any person he or she has 
15 reasonable cause
to believe who has been a patient in a

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

3  (f) Transfers or possesses with intent to transfer 
4 Sells or gives any firearms to any person he or she knows 
5 or has
reasonable cause to believe who is a person with an 
6 intellectual disability.

7  (g) Knowingly transfers Delivers any firearm of a size 
8 which may be concealed upon the
person, incidental to a 
9 sale, without withholding delivery of such firearm
for at 
10 least 72 hours after application for its purchase has been 
11 made, or
delivers any rifle, shotgun or other long gun, or 
12 a stun gun or taser, incidental to a sale,
without 
13 withholding delivery of such rifle, shotgun or other long 
14 gun, or a stun gun or taser for
at least 24 hours after 
15 application for its purchase has been made.
However,
this 
16 paragraph (g) does not apply to: (1) the sale of a firearm

17 to a law enforcement officer if the seller of the firearm 
18 knows that the person to whom he or she is selling the 
19 firearm is a law enforcement officer or the sale of a 
20 firearm to a person who desires to purchase a firearm for

21 use in promoting the public interest incident to his or her 
22 employment as a
bank guard, armed truck guard, or other 
23 similar employment; (2) a mail
order sale of a firearm from 
24 a federally licensed firearms dealer to a nonresident of 
25 Illinois under which the firearm
is mailed to a federally 
26 licensed firearms dealer outside the boundaries of 
 
 
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1 Illinois; (3) the sale
of a firearm to a nonresident of 
2 Illinois while at a firearm showing or display
recognized 
3 by the Illinois Department of State Police; (4) the sale of 
4 a
firearm to a dealer licensed as a federal firearms dealer 
5 under Section 923
of the federal Gun Control Act of 1968 
6 (18 U.S.C. 923); or (5) the transfer or sale of any rifle, 
7 shotgun, or other long gun to a resident registered 
8 competitor or attendee or non-resident registered 
9 competitor or attendee by any dealer licensed as a federal 
10 firearms dealer under Section 923 of the federal Gun 
11 Control Act of 1968 at competitive shooting events held at 
12 the World Shooting Complex sanctioned by a national 
13 governing body. For purposes of transfers or sales under 
14 subparagraph (5) of this paragraph (g), the Department of 
15 Natural Resources shall give notice to the Department of 
16 State Police at least 30 calendar days prior to any 
17 competitive shooting events at the World Shooting Complex 
18 sanctioned by a national governing body. The notification 
19 shall be made on a form prescribed by the Department of 
20 State Police. The sanctioning body shall provide a list of 
21 all registered competitors and attendees at least 24 hours 
22 before the events to the Department of State Police. Any 
23 changes to the list of registered competitors and attendees 
24 shall be forwarded to the Department of State Police as 
25 soon as practicable. The Department of State Police must 
26 destroy the list of registered competitors and attendees no 
 
 
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1 later than 30 days after the date of the event. Nothing in 
2 this paragraph (g) relieves a federally licensed firearm 
3 dealer from the requirements of conducting a NICS 
4 background check through the Illinois Point of Contact 
5 under 18 U.S.C. 922(t). For purposes of this paragraph (g), 
6 "application" means when the buyer and seller reach an 
7 agreement to purchase a firearm.
For purposes of this 
8 paragraph (g), "national governing body" means a group of 
9 persons who adopt rules and formulate policy on behalf of a 
10 national firearm sporting organization. 

11  (h) While holding any license
as a dealer,
importer, 
12 manufacturer or pawnbroker
under the federal Gun Control 
13 Act of 1968, knowingly
manufactures, sells or delivers to 
14 any unlicensed person a handgun having
a barrel, slide, 
15 frame or receiver which is a die casting of zinc alloy or

16 any other nonhomogeneous metal which will melt or deform at 
17 a temperature
of less than 800 degrees Fahrenheit. For 
18 purposes of this paragraph, (1)
"firearm" is defined as in 
19 the Firearm Owners Identification Card Act; and (2)

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

24  (i) Transfers or possesses with intent to transfer 
25 Sells or gives a firearm of any size to any person he or 
26 she knows or has reasonable cause
to believe is under 18 
 
 
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1 years of
age who does not possess a valid Firearm Owner's 
2 Identification Card.

3  (i-5) While holding a license under the Federal Gun 
4 Control Act of 1968,
transfers or possesses with intent to 
5 transfer more than one handgun
to any person within any 
6 30-day period or transfers or possesses with intent to

7 transfer a handgun
to any person he or she knows or has 
8 reasonable cause to
believe has received a handgun within 
9 the previous 30 days
unless the receipt of multiple 
10 handguns is exempted under subsection (c) or
(d) of Section 
11 24-3.1A. It is an affirmative defense to a violation of 
12 this
subsection that the transferor in good faith relied on 
13 the records of the
Department of State Police in concluding 
14 that the transferor had not
transferred a
handgun within 
15 the previous 30 days or that multiple purchases were 
16 authorized
by subsection (b) of Section 24-3.1A, or relied 
17 in good faith on the records of
a local law enforcement 
18 agency that the transfer was authorized by subsection
(c)

19 of Section 24-3.1A.
20  (j) Transfers or possesses with intent to transfer 
21 Sells or gives a firearm while engaged in the business of 
22 selling
firearms at wholesale or retail without being 
23 licensed as a federal firearms
dealer under Section 923 of 
24 the federal Gun Control Act of 1968 (18 U.S.C.
923). In 
25 this paragraph (j):

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

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

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

16  (k) Transfers Sells or transfers ownership of a firearm 
17 to a person who does not display to the seller or 
18 transferor of the firearm either: (1) a currently valid 
19 Firearm Owner's Identification Card that has previously 
20 been issued in the transferee's name by the Department of 
21 State Police under the provisions of the Firearm Owners 
22 Identification Card Act; or (2) a currently valid license 
23 to carry a concealed firearm that has previously been 
24 issued in the transferee's name by the
Department of State 
25 Police under the Firearm Concealed Carry Act. This 
26 paragraph (k) does not apply to the transfer of a firearm 
 
 
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1 to a person who is exempt from the requirement of 
2 possessing a Firearm Owner's Identification Card under 
3 Section 2 of the Firearm Owners Identification Card Act. 
4 For the purposes of this Section, a currently valid Firearm 
5 Owner's Identification Card means (i) a Firearm Owner's 
6 Identification Card that has not expired or (ii) an 
7 approval number issued in accordance with subsection 
8 (a-10) of subsection 3 or Section 3.1 of the Firearm Owners 
9 Identification Card Act shall be proof that the Firearm 
10 Owner's Identification Card was valid.
11   (1) In addition to the other requirements of this 
12 paragraph (k), all persons who are not federally 
13 licensed firearms dealers must also have complied with 
14 subsection (a-10) of Section 3 of the Firearm Owners 
15 Identification Card Act by determining the validity of 
16 a purchaser's Firearm Owner's Identification Card.
17   (2) All sellers or transferors who have complied 
18 with the requirements of subparagraph (1) of this 
19 paragraph (k) shall not be liable for damages in any 
20 civil action arising from the use or misuse by the 
21 transferee of the firearm transferred, except for 
22 willful or wanton misconduct on the part of the seller 
23 or transferor. 
24  (l) Not
being entitled to the possession of a firearm, 
25 delivers the
firearm, knowing it to have been stolen or 
26 converted. It may be inferred that
a person who possesses a 
 
 
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1 firearm with knowledge that its serial number has
been 
2 removed or altered has knowledge that the firearm is stolen 
3 or converted. 
4 (B) Paragraph (h) of subsection (A) does not include 
5firearms sold within 6
months after enactment of Public
Act 
678-355 (approved August 21, 1973, effective October 1, 1973), 
7nor is any
firearm legally owned or
possessed by any citizen or 
8purchased by any citizen within 6 months after the
enactment of 
9Public Act 78-355 subject
to confiscation or seizure under the 
10provisions of that Public Act. Nothing in
Public Act 78-355 
11shall be construed to prohibit the gift or trade of
any firearm 
12if that firearm was legally held or acquired within 6 months 
13after
the enactment of that Public Act.

14 (B-5) As used in this Section, "transfer" means the actual 
15or attempted
transfer of a firearm or firearm
ammunition, with 
16or without consideration, but does not include the lease of a

17firearm, or the provision of ammunition specifically for that 
18firearm, if the
firearm and the ammunition are to be used on 
19the lessor's premises, and does
not include any transfer of 
20possession when the transferor maintains
supervision and 
21control over the firearm or ammunition.
22 (B-10) It is an affirmative defense to a violation of

23paragraph (i-5) of subsection (A) that the transfer or

24possession with intent to transfer of a firearm
was
to a 
25transferee who received
the
firearm as an heir, legatee, or 
26beneficiary of or in a similar capacity to a
deceased
person 
 
 
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1who had owned the firearm. Nothing in this paragraph (B-10) 
2makes
lawful any transfer or possession with intent to transfer 
3of a firearm, or any
other
possession or use of a firearm, in 
4violation of any law, other than paragraph
(i-5) of subsection 
5(A), or in violation of any municipal or county
ordinance.
6 (C) Sentence.

7  (1) Any person convicted of unlawful transfer sale or 
8 delivery of firearms in violation of
paragraph (c), (e), 
9 (f), (g), or (h) of subsection (A) commits a Class
4

10 felony. A person convicted of a violation of subsection 
11 (i-5) of subsection (A) of
this Section commits
a Class A 
12 misdemeanor for a first offense and a Class 4 felony for a 
13 second or
subsequent offense.

14  (2) Any person convicted of unlawful transfer sale or 
15 delivery of firearms in violation of
paragraph (b), (b-5), 
16 or (i) of subsection (A) commits a Class 3 felony.

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

20  (4) Any person convicted of unlawful transfer sale or 
21 delivery of firearms in violation of
paragraph (a), (b), 
22 (b-5), or (i) of subsection (A) in any school, on the real

23 property comprising a school, within 1,000 feet of the real 
24 property comprising
a school, at a school related activity, 
25 or on or within 1,000 feet of any
conveyance owned, leased, 
26 or contracted by a school or school district to
transport 
 
 
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1 students to or from school or a school related activity,

2 regardless of the time of day or time of year at which the 
3 offense
was committed, commits a Class 1 felony. Any person 
4 convicted of a second
or subsequent violation of unlawful 
5 transfer sale or delivery of firearms in violation of 
6 paragraph
(a), (b), (b-5), or (i) of subsection (A) in any 
7 school, on the real property
comprising a school, within 
8 1,000 feet of the real property comprising a
school, at a 
9 school related activity, or on or within 1,000 feet of any

10 conveyance owned, leased, or contracted by a school or 
11 school district to
transport students to or from school or 
12 a school related activity,
regardless of the time of day or 
13 time of year at which the offense
was committed, commits a 
14 Class 1 felony for which the sentence shall be a
term of 
15 imprisonment of no less than 5 years and no more than 15 
16 years.

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

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

7  (6) Any person convicted of unlawful transfer sale or 
8 delivery of firearms in violation of
paragraph (j) of 
9 subsection (A) commits a Class A misdemeanor. A second or

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


18  (8) A person 18 years of age or older convicted of 
19 unlawful transfer sale or delivery of firearms in violation 
20 of paragraph (a) or (i) of subsection (A), when the firearm 
21 that was sold or given to another person under 18 years of 
22 age was used in the commission of or attempt to commit a 
23 forcible felony, shall be fined or imprisoned, or both, not 
24 to exceed the maximum provided for the most serious 
25 forcible felony so committed or attempted by the person 
26 under 18 years of age who was sold or given the firearm. 
 
 
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1  (9) Any person convicted of unlawful transfer sale or 
2 delivery of firearms in violation of
paragraph (d) of 
3 subsection (A) commits a Class 3 felony.
4  (10) Any person convicted of unlawful transfer sale or 
5 delivery of firearms in violation of paragraph (l) of 
6 subsection (A) commits a Class 2 felony if the delivery is 
7 of one firearm. Any person convicted of unlawful transfer 
8 sale or delivery of firearms in violation of paragraph (l) 
9 of subsection (A) commits a Class 1 felony if the delivery 
10 is of not less than 2 and not more than 5 firearms at the

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

24 same time or within a 3 year period. Any person convicted 
25 of unlawful transfer sale or delivery of firearms in 
26 violation of paragraph (l) of subsection (A) commits a 
 
 
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1 Class X felony for which he or she shall be sentenced
to a 
2 term of imprisonment of not less than 6 years and not more 
3 than 50
years if the delivery is of not less than 21 and 
4 not more than 30 firearms at the
same time or within a 4 
5 year period. Any person convicted of unlawful transfer sale 
6 or delivery of firearms in violation of paragraph (l) of 
7 subsection (A) commits a Class X felony for which he or she 
8 shall be sentenced
to a term of imprisonment of not less 
9 than 6 years and not more than 60
years if the delivery is 
10 of 31 or more firearms at the
same time or within a 5 year 
11 period. 
12 (D) For purposes of this Section:

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

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

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

26(Source: P.A. 98-508, eff. 8-19-13; 99-29, eff. 7-10-15; 
 
 
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199-143, eff. 7-27-15; 99-642, eff. 7-28-16.)



2 (720 ILCS 5/24-3.1A new)

3 Sec. 24-3.1A. Unlawful acquisition of handguns.

4 (a) Except as exempted in subsections (b) and (c), it is 
5unlawful for
any person other than a person holding a license 
6under the Federal Gun Control
Act of 1968, as amended, to 
7acquire more than one handgun within any 30-day
period.

8 (b) Acquisitions in excess of one handgun within a 30-day 
9period may be
made upon
completion of an enhanced background 
10check, as described in this Section, by
special
application to 
11the Department of State Police listing the number and type of

12handguns
to be acquired and transferred for lawful business or 
13personal use, in a
collector
series, for collections, as a bulk 
14purchase from estate sales, and for similar
purposes.
The 
15application must be signed under oath by the applicant on forms 
16provided
by the
Department of State Police, must state the 
17purpose for the acquisition above
the
limit,
and must require 
18satisfactory proof of residency and identity. The
application 
19is
in addition to the firearms transfer report required by the 
20Bureau of Alcohol,
Tobacco, Firearms and Explosives (ATF).

21 Upon being satisfied that these requirements have been met, 
22the Department of
State
Police must forthwith issue to the 
23applicant a nontransferable certificate
that is
valid for 7 
24days from the date of issue. The certificate must be

25surrendered to
the transferor by the prospective transferee 
 
 
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1before the consummation of the
transfer
and
must be kept on 
2file at the transferor's place of business for inspection as

3provided in Section 24-4.
Upon request of any local
law 
4enforcement agency, the Department of
State
Police may certify 
5the local law enforcement agency to serve as its agent to

6receive
applications and, upon authorization by the Department 
7of State Police, issue
certificates forthwith under this 
8Section. Applications and
certificates issued
under this 
9Section must be maintained as records by the Department of 
10State
Police, and made available to local
law enforcement 
11agencies.

12 (c) This Section does not apply to:

13  (1) A law enforcement agency;

14  (2) State and local correctional agencies and 
15 departments;

16  (3) The acquisition of antique firearms as defined by 
17 paragraph (4) of
Section
1.1 of the Firearm Owners 
18 Identification Card Act; or

19  (4) A person whose handgun is stolen or irretrievably 
20 lost who deems it
essential that
the handgun be replaced 
21 immediately. The person may acquire another handgun,
even 
22 if the person has previously acquired a handgun within a 
23 30-day
period, if:
(i) the person provides the firearms 
24 transferor with a copy of the
official police
report or a 
25 summary of the official police report, on forms provided by 
26 the
Department of State
Police,
from the law enforcement 
 
 
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1 agency that took the report of the lost or stolen
handgun;

2 (ii) the official police report or summary of the official 
3 police report
contains the name and
address of the
handgun 
4 owner, the description
and serial number
of the handgun, 
5 the location of the loss or
theft, the
date of the loss or 
6 theft, and the date the loss or theft was reported to the

7 law enforcement agency; and (iii) the date of the loss or 
8 theft as reflected on
the
official police report or summary 
9 of the official police report occurred within
30 days of 
10 the
person's
attempt to replace the handgun. The firearms 
11 transferor must attach a copy of
the
official police report 
12 or summary of the official police report to the original

13 copy of the form
provided by the Department of State Police 
14 completed for the transaction,
retain it for the period

15 prescribed
by the Department of State Police, and forward a 
16 copy of the documents to the
Department of State Police. 
17 The documents must be maintained by the
Department of State 
18 Police and made available to local law enforcement

19 agencies.

20 (d) For the purposes of this Section, "acquisition" does 
21not include the
exchange or
replacement of a handgun by a 
22transferor for a handgun transferred from the
transferor
by the

23same person seeking the exchange or replacement within the 
2430-day period
immediately preceding the date of exchange or 
25replacement.

26 (e) The exemptions set forth in subsections (b) and (c) are

 
 
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1affirmative defenses to a violation of subsection (a).

2 (f) A violation of this Section is a Class A misdemeanor 
3for a first offense
and a Class 4 felony for a second or 
4subsequent offense.
5 (g) Notwithstanding any other rulemaking authority that 
6may exist, neither the Governor nor any agency or agency head 
7under the jurisdiction of the Governor has any authority to 
8make or adopt rules to implement or enforce the provisions of 
9this amendatory Act of the 100th General Assembly. If, however, 
10the Governor believes that rules are necessary to implement or 
11enforce the provisions of this amendatory Act of the 100th 
12General Assembly, the Governor may suggest rules to the General 
13Assembly by filing them with the Clerk of the House and the 
14Secretary of the Senate and by requesting that the General 
15Assembly authorize the rulemaking by law, enact those suggested 
16rules into law, or take any other appropriate action in the 
17General Assembly's discretion. Nothing contained in this 
18amendatory Act of the 100th General Assembly shall be 
19interpreted to grant rulemaking authority under any other 
20Illinois statute if the authority is not otherwise explicitly 
21given. For the purposes of this subsection, "rules" is given 
22the meaning contained in Section 1-70 of the Illinois 
23Administrative Procedure Act, and "agency" and "agency head" 
24are given the meanings contained in Sections 1-20 and 1-25 of 
25the Illinois Administrative Procedure Act to the extent that 
26those definitions apply to agencies or agency heads under the 
 
 
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1jurisdiction of the Governor.".