Rep. Jonathan Carroll

Filed: 5/25/2018

10000SB3256ham001LRB100 20547 RLC 40930 a
1
AMENDMENT TO SENATE BILL 3256
2 AMENDMENT NO. ______. Amend Senate Bill 3256 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 as follows:
6 (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
7 Sec. 24-3. Unlawful sale or delivery of firearms.
8 (A) A person commits the offense of unlawful sale or
9delivery of firearms when he or she knowingly does any of the
10following:
11 (a) Sells or gives any firearm of a size which may be
12 concealed upon the person to any person under 18 years of
13 age.
14 (b) Sells or gives any firearm to a person under 21
15 years of age who has been convicted of a misdemeanor other
16 than a traffic offense or adjudged delinquent.

10000SB3256ham001- 2 -LRB100 20547 RLC 40930 a
1 (c) Sells or gives any firearm to any narcotic addict.
2 (d) Sells or gives any firearm to any person who has
3 been convicted of a felony under the laws of this or any
4 other jurisdiction.
5 (e) Sells or gives any firearm to any person who has
6 been a patient in a mental institution within the past 5
7 years. In this subsection (e):
8 "Mental institution" means any hospital,
9 institution, clinic, evaluation facility, mental
10 health center, or part thereof, which is used primarily
11 for the care or treatment of persons with mental
12 illness.
13 "Patient in a mental institution" means the person
14 was admitted, either voluntarily or involuntarily, to
15 a mental institution for mental health treatment,
16 unless the treatment was voluntary and solely for an
17 alcohol abuse disorder and no other secondary
18 substance abuse disorder or mental illness.
19 (f) Sells or gives any firearms to any person who is a
20 person with an intellectual disability.
21 (g) Delivers any firearm of a size which may be
22 concealed upon the person, incidental to a sale, without
23 withholding delivery of the such firearm for at least 72
24 hours after application for its purchase has been made, or
25 delivers any rifle, shotgun or other long gun, or a stun
26 gun or taser, incidental to a sale, without withholding

10000SB3256ham001- 3 -LRB100 20547 RLC 40930 a
1 delivery of the such rifle, shotgun or other long gun, or a
2 stun gun or taser for at least 24 hours after application
3 for its purchase has been made. However, this paragraph (g)
4 does not apply to: (1) the sale of a firearm to a law
5 enforcement officer if the seller of the firearm knows that
6 the person to whom he or she is selling the firearm is a
7 law enforcement officer or the sale of a firearm to a
8 person who desires to purchase a firearm for use in
9 promoting the public interest incident to his or her
10 employment as a bank guard, armed truck guard, or other
11 similar employment; (2) a mail order sale of a firearm from
12 a federally licensed firearms dealer to a nonresident of
13 Illinois under which the firearm is mailed to a federally
14 licensed firearms dealer outside the boundaries of
15 Illinois; (3) (blank); the sale of a firearm to a
16 nonresident of Illinois while at a firearm showing or
17 display recognized by the Illinois Department of State
18 Police; (4) the sale of a firearm to a dealer licensed as a
19 federal firearms dealer under Section 923 of the federal
20 Gun Control Act of 1968 (18 U.S.C. 923); or (5) the
21 transfer or sale of any rifle, shotgun, or other long gun
22 to a resident registered competitor or attendee or
23 non-resident registered competitor or attendee by any
24 dealer licensed as a federal firearms dealer under Section
25 923 of the federal Gun Control Act of 1968 at competitive
26 shooting events held at the World Shooting Complex

10000SB3256ham001- 4 -LRB100 20547 RLC 40930 a
1 sanctioned by a national governing body. For purposes of
2 transfers or sales under subparagraph (5) of this paragraph
3 (g), the Department of Natural Resources shall give notice
4 to the Department of State Police at least 30 calendar days
5 prior to any competitive shooting events at the World
6 Shooting Complex sanctioned by a national governing body.
7 The notification shall be made on a form prescribed by the
8 Department of State Police. The sanctioning body shall
9 provide a list of all registered competitors and attendees
10 at least 24 hours before the events to the Department of
11 State Police. Any changes to the list of registered
12 competitors and attendees shall be forwarded to the
13 Department of State Police as soon as practicable. The
14 Department of State Police must destroy the list of
15 registered competitors and attendees no later than 30 days
16 after the date of the event. Nothing in this paragraph (g)
17 relieves a federally licensed firearm dealer from the
18 requirements of conducting a NICS background check through
19 the Illinois Point of Contact under 18 U.S.C. 922(t). For
20 purposes of this paragraph (g), "application" means when
21 the buyer and seller reach an agreement to purchase a
22 firearm. For purposes of this paragraph (g), "national
23 governing body" means a group of persons who adopt rules
24 and formulate policy on behalf of a national firearm
25 sporting organization.
26 (h) While holding any license as a dealer, importer,

10000SB3256ham001- 5 -LRB100 20547 RLC 40930 a
1 manufacturer or pawnbroker under the federal Gun Control
2 Act of 1968, manufactures, sells or delivers to any
3 unlicensed person a handgun having a barrel, slide, frame
4 or receiver which is a die casting of zinc alloy or any
5 other nonhomogeneous metal which will melt or deform at a
6 temperature of less than 800 degrees Fahrenheit. For
7 purposes of this paragraph, (1) "firearm" is defined as in
8 the Firearm Owners Identification Card Act; and (2)
9 "handgun" is defined as a firearm designed to be held and
10 fired by the use of a single hand, and includes a
11 combination of parts from which such a firearm can be
12 assembled.
13 (i) Sells or gives a firearm of any size to any person
14 under 18 years of age who does not possess a valid Firearm
15 Owner's Identification Card.
16 (j) Sells or gives a firearm while engaged in the
17 business of selling firearms at wholesale or retail without
18 being licensed as a federal firearms dealer under Section
19 923 of the federal Gun Control Act of 1968 (18 U.S.C. 923).
20 In this paragraph (j):
21 A person "engaged in the business" means a person who
22 devotes time, attention, and labor to engaging in the
23 activity as a regular course of trade or business with the
24 principal objective of livelihood and profit, but does not
25 include a person who makes occasional repairs of firearms
26 or who occasionally fits special barrels, stocks, or

10000SB3256ham001- 6 -LRB100 20547 RLC 40930 a
1 trigger mechanisms to firearms.
2 "With the principal objective of livelihood and
3 profit" means that the intent underlying the sale or
4 disposition of firearms is predominantly one of obtaining
5 livelihood and pecuniary gain, as opposed to other intents,
6 such as improving or liquidating a personal firearms
7 collection; however, proof of profit shall not be required
8 as to a person who engages in the regular and repetitive
9 purchase and disposition of firearms for criminal purposes
10 or terrorism.
11 (k) Sells or transfers ownership of a firearm to a
12 person who does not display to the seller or transferor of
13 the firearm either: (1) a currently valid Firearm Owner's
14 Identification Card that has previously been issued in the
15 transferee's name by the Department of State Police under
16 the provisions of the Firearm Owners Identification Card
17 Act; or (2) a currently valid license to carry a concealed
18 firearm that has previously been issued in the transferee's
19 name by the Department of State Police under the Firearm
20 Concealed Carry Act. This paragraph (k) does not apply to
21 the transfer of a firearm to a person who is exempt from
22 the requirement of possessing a Firearm Owner's
23 Identification Card under Section 2 of the Firearm Owners
24 Identification Card Act. For the purposes of this Section,
25 a currently valid Firearm Owner's Identification Card
26 means (i) a Firearm Owner's Identification Card that has

10000SB3256ham001- 7 -LRB100 20547 RLC 40930 a
1 not expired or (ii) an approval number issued in accordance
2 with subsection (a-10) of subsection 3 or Section 3.1 of
3 the Firearm Owners Identification Card Act shall be proof
4 that the Firearm Owner's Identification Card was valid.
5 (1) In addition to the other requirements of this
6 paragraph (k), all persons who are not federally
7 licensed firearms dealers must also have complied with
8 subsection (a-10) of Section 3 of the Firearm Owners
9 Identification Card Act by determining the validity of
10 a purchaser's Firearm Owner's Identification Card.
11 (2) All sellers or transferors who have complied
12 with the requirements of subparagraph (1) of this
13 paragraph (k) shall not be liable for damages in any
14 civil action arising from the use or misuse by the
15 transferee of the firearm transferred, except for
16 willful or wanton misconduct on the part of the seller
17 or transferor.
18 (l) Not being entitled to the possession of a firearm,
19 delivers the firearm, knowing it to have been stolen or
20 converted. It may be inferred that a person who possesses a
21 firearm with knowledge that its serial number has been
22 removed or altered has knowledge that the firearm is stolen
23 or converted.
24 (B) Paragraph (h) of subsection (A) does not include
25firearms sold within 6 months after enactment of Public Act
2678-355 (approved August 21, 1973, effective October 1, 1973),

10000SB3256ham001- 8 -LRB100 20547 RLC 40930 a
1nor is any firearm legally owned or possessed by any citizen or
2purchased by any citizen within 6 months after the enactment of
3Public Act 78-355 subject to confiscation or seizure under the
4provisions of that Public Act. Nothing in Public Act 78-355
5shall be construed to prohibit the gift or trade of any firearm
6if that firearm was legally held or acquired within 6 months
7after the enactment of that Public Act.
8 (C) Sentence.
9 (1) Any person convicted of unlawful sale or delivery
10 of firearms in violation of paragraph (c), (e), (f), (g),
11 or (h) of subsection (A) commits a Class 4 felony.
12 (2) Any person convicted of unlawful sale or delivery
13 of firearms in violation of paragraph (b) or (i) of
14 subsection (A) commits a Class 3 felony.
15 (3) Any person convicted of unlawful sale or delivery
16 of firearms in violation of paragraph (a) of subsection (A)
17 commits a Class 2 felony.
18 (4) Any person convicted of unlawful sale or delivery
19 of firearms in violation of paragraph (a), (b), or (i) of
20 subsection (A) in any school, on the real property
21 comprising a school, within 1,000 feet of the real property
22 comprising a school, at a school related activity, or on or
23 within 1,000 feet of any conveyance owned, leased, or
24 contracted by a school or school district to transport
25 students to or from school or a school related activity,
26 regardless of the time of day or time of year at which the

10000SB3256ham001- 9 -LRB100 20547 RLC 40930 a
1 offense was committed, commits a Class 1 felony. Any person
2 convicted of a second or subsequent violation of unlawful
3 sale or delivery of firearms in violation of paragraph (a),
4 (b), or (i) of subsection (A) in any school, on the real
5 property comprising a school, within 1,000 feet of the real
6 property comprising a school, at a school related activity,
7 or on or within 1,000 feet of any conveyance owned, leased,
8 or contracted by a school or school district to transport
9 students to or from school or a school related activity,
10 regardless of the time of day or time of year at which the
11 offense was committed, commits a Class 1 felony for which
12 the sentence shall be a term of imprisonment of no less
13 than 5 years and no more than 15 years.
14 (5) Any person convicted of unlawful sale or delivery
15 of firearms in violation of paragraph (a) or (i) of
16 subsection (A) in residential property owned, operated, or
17 managed by a public housing agency or leased by a public
18 housing agency as part of a scattered site or mixed-income
19 development, in a public park, in a courthouse, on
20 residential property owned, operated, or managed by a
21 public housing agency or leased by a public housing agency
22 as part of a scattered site or mixed-income development, on
23 the real property comprising any public park, on the real
24 property comprising any courthouse, or on any public way
25 within 1,000 feet of the real property comprising any
26 public park, courthouse, or residential property owned,

10000SB3256ham001- 10 -LRB100 20547 RLC 40930 a
1 operated, or managed by a public housing agency or leased
2 by a public housing agency as part of a scattered site or
3 mixed-income development commits a Class 2 felony.
4 (6) Any person convicted of unlawful sale or delivery
5 of firearms in violation of paragraph (j) of subsection (A)
6 commits a Class A misdemeanor. A second or subsequent
7 violation is a Class 4 felony.
8 (7) Any person convicted of unlawful sale or delivery
9 of firearms in violation of paragraph (k) of subsection (A)
10 commits a Class 4 felony, except that a violation of
11 subparagraph (1) of paragraph (k) of subsection (A) shall
12 not be punishable as a crime or petty offense. A third or
13 subsequent conviction for a violation of paragraph (k) of
14 subsection (A) is a Class 1 felony.
15 (8) A person 18 years of age or older convicted of
16 unlawful sale or delivery of firearms in violation of
17 paragraph (a) or (i) of subsection (A), when the firearm
18 that was sold or given to another person under 18 years of
19 age was used in the commission of or attempt to commit a
20 forcible felony, shall be fined or imprisoned, or both, not
21 to exceed the maximum provided for the most serious
22 forcible felony so committed or attempted by the person
23 under 18 years of age who was sold or given the firearm.
24 (9) Any person convicted of unlawful sale or delivery
25 of firearms in violation of paragraph (d) of subsection (A)
26 commits a Class 3 felony.

10000SB3256ham001- 11 -LRB100 20547 RLC 40930 a
1 (10) Any person convicted of unlawful sale or delivery
2 of firearms in violation of paragraph (l) of subsection (A)
3 commits a Class 2 felony if the delivery is of one firearm.
4 Any person convicted of unlawful sale or delivery of
5 firearms in violation of paragraph (l) of subsection (A)
6 commits a Class 1 felony if the delivery is of not less
7 than 2 and not more than 5 firearms at the same time or
8 within a one year period. Any person convicted of unlawful
9 sale or delivery of firearms in violation of paragraph (l)
10 of subsection (A) commits a Class X felony for which he or
11 she shall be sentenced to a term of imprisonment of not
12 less than 6 years and not more than 30 years if the
13 delivery is of not less than 6 and not more than 10
14 firearms at the same time or within a 2 year period. Any
15 person convicted of unlawful sale or delivery of firearms
16 in violation of paragraph (l) of subsection (A) commits a
17 Class X felony for which he or she shall be sentenced to a
18 term of imprisonment of not less than 6 years and not more
19 than 40 years if the delivery is of not less than 11 and
20 not more than 20 firearms at the same time or within a 3
21 year period. Any person convicted of unlawful sale or
22 delivery of firearms in violation of paragraph (l) of
23 subsection (A) commits a Class X felony for which he or she
24 shall be sentenced to a term of imprisonment of not less
25 than 6 years and not more than 50 years if the delivery is
26 of not less than 21 and not more than 30 firearms at the

10000SB3256ham001- 12 -LRB100 20547 RLC 40930 a
1 same time or within a 4 year period. Any person convicted
2 of unlawful sale or delivery of firearms in violation of
3 paragraph (l) of subsection (A) commits a Class X felony
4 for which he or she shall be sentenced to a term of
5 imprisonment of not less than 6 years and not more than 60
6 years if the delivery is of 31 or more firearms at the same
7 time or within a 5 year period.
8 (D) For purposes of this Section:
9 "School" means a public or private elementary or secondary
10school, community college, college, or university.
11 "School related activity" means any sporting, social,
12academic, or other activity for which students' attendance or
13participation is sponsored, organized, or funded in whole or in
14part by a school or school district.
15 (E) A prosecution for a violation of paragraph (k) of
16subsection (A) of this Section may be commenced within 6 years
17after the commission of the offense. A prosecution for a
18violation of this Section other than paragraph (g) of
19subsection (A) of this Section may be commenced within 5 years
20after the commission of the offense defined in the particular
21paragraph.
22(Source: P.A. 98-508, eff. 8-19-13; 99-29, eff. 7-10-15;
2399-143, eff. 7-27-15; 99-642, eff. 7-28-16.)".