101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4392
 
Introduced , by Rep. Patrick Windhorst
 
SYNOPSIS AS INTRODUCED:



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

 Amends the Criminal Code of 2012. Provides that the 72 hour waiting period before delivery of a concealable firearm after application for its purchase has been made does not apply to a person who has been issued a valid license to carry a concealed handgun under the Firearm Concealed Carry Act. Effective immediately.



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A BILL FOR
 


HB4392LRB101 15688 RLC 65043 b



1 AN ACT concerning criminal law.


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

3represented in the General Assembly:



4 Section 5. The Criminal Code of 2012 is amended by changing 
5Section 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.

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

18  (d) Sells or gives any firearm to any person who has 
19 been convicted of a
felony under the laws of this or any 
20 other jurisdiction.

21  (e) Sells or gives any firearm to any person who has 
22 been a patient in a
mental institution within the past 5 
23 years. In this subsection (e):
 
 
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1   "Mental institution" means any hospital, 
2 institution, clinic, evaluation facility, mental 
3 health center, or part thereof, which is used primarily 
4 for the care or treatment of persons with mental 
5 illness. 
6   "Patient in a mental institution" means the person 
7 was admitted, either voluntarily or involuntarily, to 
8 a mental institution for mental health treatment, 
9 unless the treatment was voluntary and solely for an 
10 alcohol abuse disorder and no other secondary 
11 substance abuse disorder or mental illness.

12  (f) Sells or gives any firearms to any person who is a 
13 person with an intellectual disability.

14  (g) Delivers any firearm, incidental to a sale, without 
15 withholding delivery of the firearm
for at least 72 hours 
16 after application for its purchase has been made, or

17 delivers a stun gun or taser, incidental to a sale,
without 
18 withholding delivery of the stun gun or taser for
at least 
19 24 hours after application for its purchase has been made.

20 However,
this paragraph (g) does not apply to: (1) the sale 
21 of a firearm
to a law enforcement officer if the seller of 
22 the firearm knows that the person to whom he or she is 
23 selling the firearm is a law enforcement officer or the 
24 sale of a firearm to a person who desires to purchase a 
25 firearm for
use in promoting the public interest incident 
26 to his or her employment as a
bank guard, armed truck 
 
 
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1 guard, or other similar employment; (2) a mail
order sale 
2 of a firearm from a federally licensed firearms dealer to a 
3 nonresident of Illinois under which the firearm
is mailed 
4 to a federally licensed firearms dealer outside the 
5 boundaries of Illinois; (3) (blank); (4) the sale of a

6 firearm to a dealer licensed as a federal firearms dealer 
7 under Section 923
of the federal Gun Control Act of 1968 
8 (18 U.S.C. 923); (4.1) the sale of a firearm to a person 
9 who has been issued a valid license to carry a concealed 
10 handgun under the Firearm Concealed Carry Act; or (5) the 
11 transfer or sale of any rifle, shotgun, or other long gun 
12 to a resident registered competitor or attendee or 
13 non-resident registered competitor or attendee by any 
14 dealer licensed as a federal firearms dealer under Section 
15 923 of the federal Gun Control Act of 1968 at competitive 
16 shooting events held at the World Shooting Complex 
17 sanctioned by a national governing body. For purposes of 
18 transfers or sales under subparagraph (5) of this paragraph 
19 (g), the Department of Natural Resources shall give notice 
20 to the Department of State Police at least 30 calendar days 
21 prior to any competitive shooting events at the World 
22 Shooting Complex sanctioned by a national governing body. 
23 The notification shall be made on a form prescribed by the 
24 Department of State Police. The sanctioning body shall 
25 provide a list of all registered competitors and attendees 
26 at least 24 hours before the events to the Department of 
 
 
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1 State Police. Any changes to the list of registered 
2 competitors and attendees shall be forwarded to the 
3 Department of State Police as soon as practicable. The 
4 Department of State Police must destroy the list of 
5 registered competitors and attendees no later than 30 days 
6 after the date of the event. Nothing in this paragraph (g) 
7 relieves a federally licensed firearm dealer from the 
8 requirements of conducting a NICS background check through 
9 the Illinois Point of Contact under 18 U.S.C. 922(t). For 
10 purposes of this paragraph (g), "application" means when 
11 the buyer and seller reach an agreement to purchase a 
12 firearm.
For purposes of this paragraph (g), "national 
13 governing body" means a group of persons who adopt rules 
14 and formulate policy on behalf of a national firearm 
15 sporting organization. 

16  (h) While holding any license
as a dealer,
importer, 
17 manufacturer or pawnbroker
under the federal Gun Control 
18 Act of 1968,
manufactures, sells or delivers to any 
19 unlicensed person a handgun having
a barrel, slide, frame 
20 or receiver which is a die casting of zinc alloy or
any 
21 other nonhomogeneous metal which will melt or deform at a 
22 temperature
of less than 800 degrees Fahrenheit. For 
23 purposes of this paragraph, (1)
"firearm" is defined as in 
24 the Firearm Owners Identification Card Act; and (2)

25 "handgun" is defined as a firearm designed to be held
and 
26 fired by the use of a single hand, and includes a 
 
 
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1 combination of parts from
which such a firearm can be 
2 assembled.

3  (i) Sells or gives a firearm of any size to any person 
4 under 18 years of
age who does not possess a valid Firearm 
5 Owner's Identification Card.

6  (j) Sells or gives a firearm while engaged in the 
7 business of selling
firearms at wholesale or retail without 
8 being licensed as a federal firearms
dealer under Section 
9 923 of the federal Gun Control Act of 1968 (18 U.S.C.
923). 
10 In this paragraph (j):

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

14 principal objective of livelihood and profit, but does not 
15 include a person who
makes occasional repairs of firearms 
16 or who occasionally fits special barrels,
stocks, or 
17 trigger mechanisms to firearms.

18  "With the principal objective of livelihood and 
19 profit" means that the
intent
underlying the sale or 
20 disposition of firearms is predominantly one of
obtaining 
21 livelihood and pecuniary gain, as opposed to other intents, 
22 such as
improving or liquidating a personal firearms 
23 collection; however, proof of
profit shall not be required 
24 as to a person who engages in the regular and
repetitive 
25 purchase and disposition of firearms for criminal purposes 
26 or
terrorism.

 
 
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1  (k) Sells or transfers ownership of a firearm to a 
2 person who does not display to the seller or transferor of 
3 the firearm either: (1) a currently valid Firearm Owner's 
4 Identification Card that has previously been issued in the 
5 transferee's name by the Department of State Police under 
6 the provisions of the Firearm Owners Identification Card 
7 Act; or (2) a currently valid license to carry a concealed 
8 firearm that has previously been issued in the transferee's 
9 name by the
Department of State Police under the Firearm 
10 Concealed Carry Act. This paragraph (k) does not apply to 
11 the transfer of a firearm to a person who is exempt from 
12 the requirement of possessing a Firearm Owner's 
13 Identification Card under Section 2 of the Firearm Owners 
14 Identification Card Act. For the purposes of this Section, 
15 a currently valid Firearm Owner's Identification Card 
16 means (i) a Firearm Owner's Identification Card that has 
17 not expired or (ii) an approval number issued in accordance 
18 with subsection (a-10) of subsection 3 or Section 3.1 of 
19 the Firearm Owners Identification Card Act shall be proof 
20 that the Firearm Owner's Identification Card was valid.
21   (1) In addition to the other requirements of this 
22 paragraph (k), all persons who are not federally 
23 licensed firearms dealers must also have complied with 
24 subsection (a-10) of Section 3 of the Firearm Owners 
25 Identification Card Act by determining the validity of 
26 a purchaser's Firearm Owner's Identification Card.
 
 
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1   (2) All sellers or transferors who have complied 
2 with the requirements of subparagraph (1) of this 
3 paragraph (k) shall not be liable for damages in any 
4 civil action arising from the use or misuse by the 
5 transferee of the firearm transferred, except for 
6 willful or wanton misconduct on the part of the seller 
7 or transferor. 
8  (l) Not
being entitled to the possession of a firearm, 
9 delivers the
firearm, knowing it to have been stolen or 
10 converted. It may be inferred that
a person who possesses a 
11 firearm with knowledge that its serial number has
been 
12 removed or altered has knowledge that the firearm is stolen 
13 or converted. 
14 (B) Paragraph (h) of subsection (A) does not include 
15firearms sold within 6
months after enactment of Public
Act 
1678-355 (approved August 21, 1973, effective October 1, 1973), 
17nor is any
firearm legally owned or
possessed by any citizen or 
18purchased by any citizen within 6 months after the
enactment of 
19Public Act 78-355 subject
to confiscation or seizure under the 
20provisions of that Public Act. Nothing in
Public Act 78-355 
21shall be construed to prohibit the gift or trade of
any firearm 
22if that firearm was legally held or acquired within 6 months 
23after
the enactment of that Public Act.

24 (C) Sentence.

25  (1) Any person convicted of unlawful sale or delivery 
26 of firearms in violation of
paragraph (c), (e), (f), (g), 
 
 
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1 or (h) of subsection (A) commits a Class
4
felony.

2  (2) Any person convicted of unlawful sale or delivery 
3 of firearms in violation of
paragraph (b) or (i) of 
4 subsection (A) commits a Class 3 felony.

5  (3) Any person convicted of unlawful sale or delivery 
6 of firearms in violation of
paragraph (a) of subsection (A) 
7 commits a Class 2 felony.

8  (4) Any person convicted of unlawful sale or delivery 
9 of firearms in violation of
paragraph (a), (b), or (i) of 
10 subsection (A) in any school, on the real
property 
11 comprising a school, within 1,000 feet of the real property 
12 comprising
a school, at a school related activity, or on or 
13 within 1,000 feet of any
conveyance owned, leased, or 
14 contracted by a school or school district to
transport 
15 students to or from school or a school related activity,

16 regardless of the time of day or time of year at which the 
17 offense
was committed, commits a Class 1 felony. Any person 
18 convicted of a second
or subsequent violation of unlawful 
19 sale or delivery of firearms in violation of paragraph
(a), 
20 (b), or (i) of subsection (A) in any school, on the real 
21 property
comprising a school, within 1,000 feet of the real 
22 property comprising a
school, at a school related activity, 
23 or on or within 1,000 feet of any
conveyance owned, leased, 
24 or 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 
 
 
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1 offense
was committed, commits a Class 1 felony for which 
2 the sentence shall be a
term of imprisonment of no less 
3 than 5 years and no more than 15 years.

4  (5) Any person convicted of unlawful sale or delivery 
5 of firearms in violation of
paragraph (a) or (i) of 
6 subsection (A) in residential property owned,
operated, or 
7 managed by a public housing agency or leased by a public 
8 housing
agency as part of a scattered site or mixed-income 
9 development, in a public
park, in a
courthouse, on 
10 residential property owned, operated, or managed by a 
11 public
housing agency or leased by a public housing agency 
12 as part of a scattered site
or mixed-income development, on 
13 the real property comprising any public park,
on the real

14 property comprising any courthouse, or on any public way 
15 within 1,000 feet
of the real property comprising any 
16 public park, courthouse, or residential
property owned, 
17 operated, or managed by a public housing agency or leased 
18 by a
public housing agency as part of a scattered site or 
19 mixed-income development
commits a
Class 2 felony.

20  (6) Any person convicted of unlawful sale or delivery 
21 of firearms in violation of
paragraph (j) of subsection (A) 
22 commits a Class A misdemeanor. A second or
subsequent 
23 violation is a Class 4 felony.
24  (7) Any person convicted of unlawful sale or delivery 
25 of firearms in violation of paragraph (k) of subsection (A) 
26 commits a Class 4 felony, except that a violation of 
 
 
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1 subparagraph (1) of paragraph (k) of subsection (A) shall 
2 not be punishable as a crime or petty offense. A third or 
3 subsequent conviction for a violation of paragraph (k) of 
4 subsection (A) is a Class 1 felony.


5  (8) A person 18 years of age or older convicted of 
6 unlawful sale or delivery of firearms in violation of 
7 paragraph (a) or (i) of subsection (A), when the firearm 
8 that was sold or given to another person under 18 years of 
9 age was used in the commission of or attempt to commit a 
10 forcible felony, shall be fined or imprisoned, or both, not 
11 to exceed the maximum provided for the most serious 
12 forcible felony so committed or attempted by the person 
13 under 18 years of age who was sold or given the firearm. 
14  (9) Any person convicted of unlawful sale or delivery 
15 of firearms in violation of
paragraph (d) of subsection (A) 
16 commits a Class 3 felony.
17  (10) Any person convicted of unlawful sale or delivery 
18 of firearms in violation of paragraph (l) of subsection (A) 
19 commits a Class 2 felony if the delivery is of one firearm. 
20 Any person convicted of unlawful sale or delivery of 
21 firearms in violation of paragraph (l) of subsection (A) 
22 commits a Class 1 felony if the delivery is of not less 
23 than 2 and not more than 5 firearms at the
same time or 
24 within a one year period. Any person convicted of unlawful 
25 sale or delivery of firearms in violation of paragraph (l) 
26 of subsection (A) commits a Class X felony for which he or 
 
 
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1 she shall be sentenced
to a term of imprisonment of not 
2 less than 6 years and not more than 30
years if the 
3 delivery is of not less than 6 and not more than 10 
4 firearms at the
same time or within a 2 year period. Any 
5 person convicted of unlawful sale or delivery of firearms 
6 in violation of paragraph (l) of subsection (A) commits a 
7 Class X felony for which he or she shall be sentenced
to a 
8 term of imprisonment of not less than 6 years and not more 
9 than 40
years if the delivery is of not less than 11 and 
10 not more than 20 firearms at the
same time or within a 3 
11 year period. Any person convicted of unlawful sale or 
12 delivery of firearms in violation of paragraph (l) of 
13 subsection (A) commits a Class X felony for which he or she 
14 shall be sentenced
to a term of imprisonment of not less 
15 than 6 years and not more than 50
years if the delivery is 
16 of not less than 21 and not more than 30 firearms at the

17 same time or within a 4 year period. Any person convicted 
18 of unlawful sale or delivery of firearms in violation of 
19 paragraph (l) of subsection (A) commits a Class X felony 
20 for which he or she shall be sentenced
to a term of 
21 imprisonment of not less than 6 years and not more than 60

22 years if the delivery is of 31 or more firearms at the
same 
23 time or within a 5 year period. 
24 (D) For purposes of this Section:

25 "School" means a public or private elementary or secondary 
26school,
community college, college, or university.

 
 
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1 "School related activity" means any sporting, social, 
2academic, or
other activity for which students' attendance or 
3participation is sponsored,
organized, or funded in whole or in 
4part by a school or school district.

5 (E) A prosecution for a violation of paragraph (k) of 
6subsection (A) of this Section may be commenced within 6 years 
7after the commission of the offense. A prosecution for a 
8violation of this Section other than paragraph (g) of 
9subsection (A) of this Section may be commenced within 5 years 
10after the commission of the offense defined in the particular 
11paragraph.

12(Source: P.A. 99-29, eff. 7-10-15; 99-143, eff. 7-27-15; 
1399-642, eff. 7-28-16; 100-606, eff. 1-1-19.)



14 Section 99. Effective date. This Act takes effect upon 
15becoming law.