101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB3698
 
Introduced , by Rep. Yehiel M. Kalish
 
SYNOPSIS AS INTRODUCED:



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

 Amends the Criminal Code of 2012. Provides that a person commits the offense of unlawful sale or delivery of firearms when he or she while holding a license under the federal Gun Control Act of 1968, transfers or possesses with the intent to transfer more than one firearm to any person within a 30-day period or transfers or possesses with the intent to transfer a firearm to any person he or she knows or has reasonable cause to believe has received a firearm within the previous 30 days. Provides that it is an affirmative defense to a violation that the transferor in good faith relied on the records of the Department of State Police in concluding that the transferor had not transferred a firearm within the previous 30 days. Provides that a person who commits this offense commits a Class 3 felony.



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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
 
 
A BILL FOR
 


HB3698LRB101 09090 SLF 54183 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); or (5) the transfer or sale of any rifle, 
9 shotgun, or other long gun to a resident registered 
10 competitor or attendee or non-resident registered 
11 competitor or attendee by any dealer licensed as a federal 
12 firearms dealer under Section 923 of the federal Gun 
13 Control Act of 1968 at competitive shooting events held at 
14 the World Shooting Complex sanctioned by a national 
15 governing body. For purposes of transfers or sales under 
16 subparagraph (5) of this paragraph (g), the Department of 
17 Natural Resources shall give notice to the Department of 
18 State Police at least 30 calendar days prior to any 
19 competitive shooting events at the World Shooting Complex 
20 sanctioned by a national governing body. The notification 
21 shall be made on a form prescribed by the Department of 
22 State Police. The sanctioning body shall provide a list of 
23 all registered competitors and attendees at least 24 hours 
24 before the events to the Department of State Police. Any 
25 changes to the list of registered competitors and attendees 
26 shall be forwarded to the Department of State Police as 
 
 
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1 soon as practicable. The Department of State Police must 
2 destroy the list of registered competitors and attendees no 
3 later than 30 days after the date of the event. Nothing in 
4 this paragraph (g) relieves a federally licensed firearm 
5 dealer from the requirements of conducting a NICS 
6 background check through the Illinois Point of Contact 
7 under 18 U.S.C. 922(t). For purposes of this paragraph (g), 
8 "application" means when the buyer and seller reach an 
9 agreement to purchase a firearm.
For purposes of this 
10 paragraph (g), "national governing body" means a group of 
11 persons who adopt rules and formulate policy on behalf of a 
12 national firearm sporting organization. 

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

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

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

3  (i-5) While holding a license under the federal Gun 
4 Control Act of 1968, transfers or possesses with the intent 
5 to transfer more than one firearm to any person within a 
6 30-day period or transfers or possesses with the intent to 
7 transfer a firearm to any person he or she knows or has 
8 reasonable cause to believe has received a firearm within 
9 the previous 30 days. It is an affirmative defense to a 
10 violation of this subsection (i-5) that the transferor in 
11 good faith relied on the records of the Department of State 
12 Police in concluding that the transferor had not 
13 transferred a firearm within the previous 30 days. 
14  (j) Sells or gives a firearm while engaged in the 
15 business of selling
firearms at wholesale or retail without 
16 being licensed as a federal firearms
dealer under Section 
17 923 of the federal Gun Control Act of 1968 (18 U.S.C.
923). 
18 In this paragraph (j):

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

22 principal objective of livelihood and profit, but does not 
23 include a person who
makes occasional repairs of firearms 
24 or who occasionally fits special barrels,
stocks, or 
25 trigger mechanisms to firearms.

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

9  (k) Sells or transfers ownership of a firearm to a 
10 person who does not display to the seller or transferor of 
11 the firearm either: (1) a currently valid Firearm Owner's 
12 Identification Card that has previously been issued in the 
13 transferee's name by the Department of State Police under 
14 the provisions of the Firearm Owners Identification Card 
15 Act; or (2) a currently valid license to carry a concealed 
16 firearm that has previously been issued in the transferee's 
17 name by the
Department of State Police under the Firearm 
18 Concealed Carry Act. This paragraph (k) does not apply to 
19 the transfer of a firearm to a person who is exempt from 
20 the requirement of possessing a Firearm Owner's 
21 Identification Card under Section 2 of the Firearm Owners 
22 Identification Card Act. For the purposes of this Section, 
23 a currently valid Firearm Owner's Identification Card 
24 means (i) a Firearm Owner's Identification Card that has 
25 not expired or (ii) an approval number issued in accordance 
26 with subsection (a-10) of subsection 3 or Section 3.1 of 
 
 
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1 the Firearm Owners Identification Card Act shall be proof 
2 that 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 
23firearms sold within 6
months after enactment of Public
Act 
2478-355 (approved August 21, 1973, effective October 1, 1973), 
25nor is any
firearm legally owned or
possessed by any citizen or 
26purchased by any citizen within 6 months after the
enactment of 
 
 
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1Public Act 78-355 subject
to confiscation or seizure under the 
2provisions of that Public Act. Nothing in
Public Act 78-355 
3shall be construed to prohibit the gift or trade of
any firearm 
4if that firearm was legally held or acquired within 6 months 
5after
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), or (i-5) 
12 of 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 
 
 
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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 
 
 
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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) 
 
 
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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 
 
 
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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 
8school,
community college, college, or university.

9 "School related activity" means any sporting, social, 
10academic, or
other activity for which students' attendance or 
11participation is sponsored,
organized, or funded in whole or in 
12part by a school or school district.

13 (E) A prosecution for a violation of paragraph (k) of 
14subsection (A) of this Section may be commenced within 6 years 
15after the commission of the offense. A prosecution for a 
16violation of this Section other than paragraph (g) of 
17subsection (A) of this Section may be commenced within 5 years 
18after the commission of the offense defined in the particular 
19paragraph.

20(Source: P.A. 99-29, eff. 7-10-15; 99-143, eff. 7-27-15; 
2199-642, eff. 7-28-16; 100-606, eff. 1-1-19.)