99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB0482
 
Introduced , by Rep. Brandon W. Phelps
 
SYNOPSIS AS INTRODUCED:






430 ILCS 65/3 from Ch. 38, par. 83-3
720 ILCS 5/24-3 from Ch. 38, par. 24-3

 Amends the Firearm Owners Identification Card Act and the Criminal Code of 2012. Provides that a person may purchase a firearm or ammunition for a firearm by displaying to the transferor a currently valid license to carry a concealed firearm which has previously been issued in his or her name by the
Department of State Police under the Firearm Concealed Carry Act.



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A BILL FOR
 


HB0482LRB099 03735 RLC 23747 b



1 AN ACT concerning firearms.


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

3represented in the General Assembly:



4 Section 5. The Firearm Owners Identification Card Act is 
5amended by changing Section 3 as follows:

6 (430 ILCS 65/3) (from Ch. 38, par. 83-3)
7 Sec. 3. (a) Except as provided in Section 3a, no person may 
8knowingly
transfer, or cause to be transferred, any firearm, 
9firearm ammunition, stun gun, or taser to any person within 
10this State unless the
transferee with whom he deals displays 
11either: (1) a currently valid Firearm Owner's
Identification 
12Card which has previously been issued in his or her name by the

13Department of State Police under the provisions of this Act; or 
14(2) a currently valid license to carry a concealed firearm 
15which has previously been issued in his or her name by the

16Department of State Police under the Firearm Concealed Carry 
17Act. In addition,
all firearm, stun gun, and taser transfers by 
18federally licensed firearm dealers are subject
to Section 3.1.
19 (a-5) Any person who is not a federally licensed firearm 
20dealer and who desires to transfer or sell a firearm while that 
21person is on the grounds of a gun show must, before selling or 
22transferring the firearm, request the Department of State 
23Police to conduct a background check on the prospective 
 
 
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1recipient of the firearm in accordance with Section 3.1.

2 (a-10) Any person who is not a federally licensed firearm 
3dealer and who desires to transfer or sell a firearm or 
4firearms to any person who is not a federally licensed firearm 
5dealer shall, before selling or transferring the firearms, 
6contact the Department of State Police with the transferee's or 
7purchaser's Firearm Owner's Identification Card number to 
8determine the validity of the transferee's or purchaser's 
9Firearm Owner's Identification Card. This subsection shall not 
10be effective until January 1, 2014. The Department of State 
11Police may adopt rules concerning the implementation of this 
12subsection. The Department of State Police shall provide the 
13seller or transferor an approval number if the purchaser's 
14Firearm Owner's Identification Card is valid. Approvals issued 
15by the Department for the purchase of a firearm pursuant to 
16this subsection are valid for 30 days from the date of issue.
17 (a-15) The provisions of subsection (a-10) of this Section 
18do not apply to:
19  (1) transfers that occur at the place of business of a 
20 federally licensed firearm dealer, if the federally 
21 licensed firearm dealer conducts a background check on the 
22 prospective recipient of the firearm in accordance with 
23 Section 3.1 of this Act and follows all other applicable 
24 federal, State, and local laws as if he or she were the 
25 seller or transferor of the firearm, although the dealer is 
26 not required to accept the firearm into his or her 
 
 
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1 inventory. The purchaser or transferee may be required by 
2 the federally licensed firearm dealer to pay a fee not to 
3 exceed $10 per firearm, which the dealer may retain as 
4 compensation for performing the functions required under 
5 this paragraph, plus the applicable fees authorized by 
6 Section 3.1;
7  (2) transfers as a bona fide gift to the transferor's 
8 husband, wife, son, daughter, stepson, stepdaughter, 
9 father, mother, stepfather, stepmother, brother, sister, 
10 nephew, niece, uncle, aunt, grandfather, grandmother, 
11 grandson, granddaughter, father-in-law, mother-in-law, 
12 son-in-law, or daughter-in-law;
13  (3) transfers by persons acting pursuant to operation 
14 of law or a court order;
15  (4) transfers on the grounds of a gun show under 
16 subsection (a-5) of this Section;
17  (5) the delivery of a firearm by its owner to a 
18 gunsmith for service or repair, the return of the firearm 
19 to its owner by the gunsmith, or the delivery of a firearm 
20 by a gunsmith to a federally licensed firearms dealer for 
21 service or repair and the return of the firearm to the 
22 gunsmith;
23  (6) temporary transfers that occur while in the home of 
24 the unlicensed transferee, if the unlicensed transferee is 
25 not otherwise prohibited from possessing firearms and the 
26 unlicensed transferee reasonably believes that possession 
 
 
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1 of the firearm is necessary to prevent imminent death or 
2 great bodily harm to the unlicensed transferee;
3  (7) transfers to a law enforcement or corrections 
4 agency or a law enforcement or corrections officer acting 
5 within the course and scope of his or her official duties;
6  (8) transfers of firearms that have been rendered 
7 permanently inoperable to a nonprofit historical society, 
8 museum, or institutional collection; and
9  (9) transfers to a person who is exempt from the 
10 requirement of possessing a Firearm Owner's Identification 
11 Card under Section 2 of this Act.
12 (a-20) The Department of State Police shall develop an 
13Internet-based system for individuals to determine the 
14validity of a Firearm Owner's Identification Card prior to the 
15sale or transfer of a firearm. The Department shall have the 
16Internet-based system completed and available for use by July 
171, 2015. The Department shall adopt rules not inconsistent with 
18this Section to implement this system.
19 (b) Any person within this State who transfers or causes to 
20be
transferred any firearm, stun gun, or taser shall keep a 
21record of such transfer for a period
of 10 years from the date 
22of transfer. Such record shall contain the date
of the 
23transfer; the description, serial number or other information

24identifying the firearm, stun gun, or taser if no serial number 
25is available; and, if the
transfer was completed within this 
26State, the transferee's Firearm Owner's
Identification Card 
 
 
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1number and any approval number or documentation provided by the 
2Department of State Police pursuant to subsection (a-10) of 
3this Section. On or after January 1, 2006, the record shall 
4contain the date of application for transfer of the firearm. On 
5demand of a peace officer such transferor
shall produce for 
6inspection such record of transfer. If the transfer or sale 
7took place at a gun show, the record shall include the unique 
8identification number. Failure to record the unique 
9identification number or approval number is a petty offense.

10 (b-5) Any resident may purchase ammunition from a person 
11within or outside of Illinois if shipment is by United States 
12mail or by a private express carrier authorized by federal law 
13to ship ammunition. Any resident purchasing ammunition within 
14or outside the State of Illinois must provide the seller with a 
15copy of his or her valid Firearm Owner's Identification Card or 
16valid concealed carry license and either his or her Illinois 
17driver's license or Illinois State Identification Card prior to 
18the shipment of the ammunition. The ammunition may be shipped 
19only to an address on either of those 2 documents.
20 (c) The provisions of this Section regarding the transfer 
21of firearm
ammunition shall not apply to those persons 
22specified in paragraph (b) of
Section 2 of this Act.
23(Source: P.A. 97-1135, eff. 12-4-12; 98-508, eff. 8-19-13.)

24 Section 10. The Criminal Code of 2012 is amended by 
25changing Section 24-3 as follows:



 
 
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1 (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)


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

3 (A) A person commits the offense of unlawful sale or 
4delivery of firearms when he
or she knowingly does any of the 
5following:


6  (a) Sells or gives any firearm of a size which may be 
7 concealed upon the
person to any person under 18 years of 
8 age.


9  (b) Sells or gives any firearm to a person under 21 
10 years of age who has
been convicted of a misdemeanor other 
11 than a traffic offense or adjudged
delinquent.


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


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


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


5  (f) Sells or gives any firearms to any person who is 
6 intellectually disabled.


7  (g) Delivers any firearm of a size which may be 
8 concealed upon the
person, incidental to a sale, without 
9 withholding delivery of such firearm
for at least 72 hours 
10 after application for its purchase has been made, or

11 delivers any rifle, shotgun or other long gun, or a stun 
12 gun or taser, incidental to a sale,
without withholding 
13 delivery of such rifle, shotgun or other long gun, or a 
14 stun gun or taser for
at least 24 hours after application 
15 for its purchase has been made.
However,
this paragraph (g) 
16 does not apply to: (1) the sale of a firearm
to a law 
17 enforcement officer if the seller of the firearm knows that 
18 the person to whom he or she is selling the firearm is a 
19 law enforcement officer or the sale of a firearm to a 
20 person who desires to purchase a firearm for
use in 
21 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 to a 
24 nonresident of Illinois under which the firearm
is mailed 
25 to a point outside the boundaries of Illinois; (3) the sale

26 of a firearm to a nonresident of Illinois while at a 
 
 
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1 firearm showing or display
recognized by the Illinois 
2 Department of State Police; or (4) the sale of a
firearm to 
3 a dealer licensed as a federal firearms dealer under 
4 Section 923
of the federal Gun Control Act of 1968 (18 
5 U.S.C. 923). For purposes of this paragraph (g), 
6 "application" means when the buyer and seller reach an 
7 agreement to purchase a firearm.



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

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


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


24  (j) Sells or gives a firearm while engaged in the 
25 business of selling
firearms at wholesale or retail without 
26 being licensed as a federal firearms
dealer under Section 
 
 
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1 923 of the federal Gun Control Act of 1968 (18 U.S.C.
923). 
2 In this paragraph (j):


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

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


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

19  (k) Sells or transfers ownership of a firearm to a 
20 person who does not display to the seller or transferor of 
21 the firearm either: (1) a currently valid Firearm Owner's 
22 Identification Card that has previously been issued in the 
23 transferee's name by the Department of State Police under 
24 the provisions of the Firearm Owners Identification Card 
25 Act; or (2) a currently valid license to carry a concealed 
26 firearm that has previously been issued in the transferee's 
 
 
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1 name by the
Department of State Police under the Firearm 
2 Concealed Carry Act. This paragraph (k) does not apply to 
3 the transfer of a firearm to a person who is exempt from 
4 the requirement of possessing a Firearm Owner's 
5 Identification Card under Section 2 of the Firearm Owners 
6 Identification Card Act. For the purposes of this Section, 
7 a currently valid Firearm Owner's Identification Card 
8 means (i) a Firearm Owner's Identification Card that has 
9 not expired or (ii) an approval number issued in accordance 
10 with subsection (a-10) of subsection 3 or Section 3.1 of 
11 the Firearm Owners Identification Card Act shall be proof 
12 that the Firearm Owner's Identification Card was valid.
13   (1) In addition to the other requirements of this 
14 paragraph (k), all persons who are not federally 
15 licensed firearms dealers must also have complied with 
16 subsection (a-10) of Section 3 of the Firearm Owners 
17 Identification Card Act by determining the validity of 
18 a purchaser's Firearm Owner's Identification Card.
19   (2) All sellers or transferors who have complied 
20 with the requirements of subparagraph (1) of this 
21 paragraph (k) shall not be liable for damages in any 
22 civil action arising from the use or misuse by the 
23 transferee of the firearm transferred, except for 
24 willful or wanton misconduct on the part of the seller 
25 or transferor. 
26  (l) Not
being entitled to the possession of a firearm, 
 
 
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1 delivers the
firearm, knowing it to have been stolen or 
2 converted. It may be inferred that
a person who possesses a 
3 firearm with knowledge that its serial number has
been 
4 removed or altered has knowledge that the firearm is stolen 
5 or converted. 
6 (B) Paragraph (h) of subsection (A) does not include 
7firearms sold within 6
months after enactment of Public
Act 
878-355 (approved August 21, 1973, effective October 1, 1973), 
9nor is any
firearm legally owned or
possessed by any citizen or 
10purchased by any citizen within 6 months after the
enactment of 
11Public Act 78-355 subject
to confiscation or seizure under the 
12provisions of that Public Act. Nothing in
Public Act 78-355 
13shall be construed to prohibit the gift or trade of
any firearm 
14if that firearm was legally held or acquired within 6 months 
15after
the enactment of that Public Act.

16 (C) Sentence.


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


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


23  (3) Any person convicted of unlawful sale or delivery 
24 of firearms in violation of
paragraph (a) of subsection (A) 
25 commits a Class 2 felony.


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

18 regardless of the time of day or time of year at which the 
19 offense
was committed, commits a Class 1 felony for which 
20 the sentence shall be a
term of imprisonment of no less 
21 than 5 years and no more than 15 years.


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

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


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


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

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

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

17 "School" means a public or private elementary or secondary 
18school,
community college, college, or university.

19 "School related activity" means any sporting, social, 
20academic, or
other activity for which students' attendance or 
21participation is sponsored,
organized, or funded in whole or in 
22part by a school or school district.

23 (E) A prosecution for a violation of paragraph (k) of 
24subsection (A) of this Section may be commenced within 6 years 
25after the commission of the offense. A prosecution for a 
26violation of this Section other than paragraph (g) of 
 
 
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1subsection (A) of this Section may be commenced within 5 years 
2after the commission of the offense defined in the particular 
3paragraph.

4(Source: P.A. 97-227, eff. 1-1-12; 97-347, eff. 1-1-12; 97-813, 
5eff. 7-13-12; 97-1167, eff. 6-1-13; 98-508, eff. 8-19-13.)