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| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3061 Introduced , by Rep. Kevin John Olickal SYNOPSIS AS INTRODUCED:
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| 430 ILCS 68/5-30 | | 720 ILCS 5/24-3 | from Ch. 38, par. 24-3 |
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Amends the Firearm Dealer License Certification Act. Provides that a certified licensee and any employee of a certified licensee who sells or
transfers firearms shall receive at least 2 hours of training
annually on how to recognize individuals with mental illness, mental impairment, or mental disease that would make those individuals a clear and present danger to themselves or others if those individuals possessed firearms. Provides that a federally licensed firearm dealer who sells or delivers firearms in the State and is exempt from the certification requirements of the Act is required to receive training on recognizing individuals with mental illness, mental impairment, or mental disease that would make those individuals a clear and present danger to themselves or others if those individuals possessed firearms. Amends the Criminal Code of 2012 to make conforming changes. Defines "clear and present danger".
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| | A BILL FOR |
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| 1 | | AN ACT concerning safety.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Firearm Dealer License Certification Act is |
| 5 | | amended by changing Section 5-30 as follows:
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| 6 | | (430 ILCS 68/5-30)
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| 7 | | Sec. 5-30. Training of certified licensees. Any
certified |
| 8 | | licensee and any employee of a certified licensee who sells or
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| 9 | | transfers firearms shall receive at least 2 hours of training
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| 10 | | annually regarding legal requirements and responsible business |
| 11 | | practices as applicable to the sale or transfer or firearms |
| 12 | | and how to recognize individuals with mental illness, mental |
| 13 | | impairment, or mental disease that would make those |
| 14 | | individuals a clear and present danger to themselves or others |
| 15 | | if those individuals possessed firearms. The Illinois State |
| 16 | | Police may adopt rules regarding
continuing education for |
| 17 | | certified licensees related to legal requirements and |
| 18 | | responsible business practices regarding the sale or transfer |
| 19 | | of firearms and how certified licensees and their employees |
| 20 | | may recognize individuals with mental illness, mental |
| 21 | | impairment, or mental disease that would make those |
| 22 | | individuals a clear and present danger to themselves or others |
| 23 | | if those individuals possessed firearms. In this Section, |
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| 1 | | "clear and present danger" has the meaning ascribed to it in |
| 2 | | Section 1.1 of the Firearm Owners Identification Card Act. |
| 3 | | A federally licensed firearm dealer under Section 923 of |
| 4 | | the federal Gun Control Act of 1968 who sells or delivers |
| 5 | | firearms in this State and is exempt from the certification |
| 6 | | requirements of this Act is required to receive training on |
| 7 | | recognizing individuals with mental illness, mental |
| 8 | | impairment, or mental disease that would make those |
| 9 | | individuals a clear and present danger to themselves or others |
| 10 | | if those individuals possessed firearms.
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| 11 | | (Source: P.A. 102-538, eff. 8-20-21.)
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| 12 | | Section 10. The Criminal Code of 2012 is amended by |
| 13 | | changing Section 24-3 as follows:
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| 14 | | (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
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| 15 | | Sec. 24-3. Unlawful sale or delivery of firearms.
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| 16 | | (A) A person commits the offense of unlawful sale or |
| 17 | | delivery of firearms when he
or she knowingly does any of the |
| 18 | | following:
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| 19 | | (a) Sells or gives any firearm of a size which may be |
| 20 | | concealed upon the
person to any person under 18 years of |
| 21 | | age.
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| 22 | | (b) Sells or gives any firearm to a person under 21 |
| 23 | | years of age who has
been convicted of a misdemeanor other |
| 24 | | than a traffic offense or adjudged
delinquent.
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| 1 | | (c) Sells or gives any firearm to any narcotic addict.
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| 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.
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| 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 |
| 11 | | primarily for the care or treatment of persons with |
| 12 | | mental 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.
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| 19 | | (f) Sells or gives any firearms to any person who is a |
| 20 | | person with an intellectual disability.
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| 21 | | (g) Delivers any firearm, incidental to a sale, |
| 22 | | without withholding delivery of the firearm
for at least |
| 23 | | 72 hours after application for its purchase has been made, |
| 24 | | or
delivers a stun gun or taser, incidental to a sale,
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| 25 | | without withholding delivery of the stun gun or taser for
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| 26 | | at least 24 hours after application for its purchase has |
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| 1 | | been made.
However,
this paragraph (g) does not apply to: |
| 2 | | (1) the sale of a firearm
to a law enforcement officer if |
| 3 | | the seller of the firearm knows that the person to whom he |
| 4 | | or she is selling the firearm is a law enforcement officer |
| 5 | | or the sale of a firearm to a person who desires to |
| 6 | | purchase a firearm for
use in promoting the public |
| 7 | | interest incident to his or her employment as a
bank |
| 8 | | guard, armed truck guard, or other similar employment; (2) |
| 9 | | a mail
order sale of a firearm from a federally licensed |
| 10 | | firearms dealer to a nonresident of Illinois under which |
| 11 | | the firearm
is mailed to a federally licensed firearms |
| 12 | | dealer outside the boundaries of Illinois; (3) (blank); |
| 13 | | (4) the sale of a
firearm to a dealer licensed as a federal |
| 14 | | firearms dealer under Section 923
of the federal Gun |
| 15 | | Control Act of 1968 (18 U.S.C. 923); or (5) the transfer or |
| 16 | | sale of any rifle, shotgun, or other long gun to a resident |
| 17 | | registered competitor or attendee or non-resident |
| 18 | | registered competitor or attendee by any dealer licensed |
| 19 | | as a federal firearms dealer under Section 923 of the |
| 20 | | federal Gun Control Act of 1968 at competitive shooting |
| 21 | | events held at the World Shooting Complex sanctioned by a |
| 22 | | national governing body. For purposes of transfers or |
| 23 | | sales under subparagraph (5) of this paragraph (g), the |
| 24 | | Department of Natural Resources shall give notice to the |
| 25 | | Illinois State Police at least 30 calendar days prior to |
| 26 | | any competitive shooting events at the World Shooting |
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| 1 | | Complex sanctioned by a national governing body. The |
| 2 | | notification shall be made on a form prescribed by the |
| 3 | | Illinois State Police. The sanctioning body shall provide |
| 4 | | a list of all registered competitors and attendees at |
| 5 | | least 24 hours before the events to the Illinois State |
| 6 | | Police. Any changes to the list of registered competitors |
| 7 | | and attendees shall be forwarded to the Illinois State |
| 8 | | Police as soon as practicable. The Illinois State Police |
| 9 | | must destroy the list of registered competitors and |
| 10 | | attendees no later than 30 days after the date of the |
| 11 | | event. Nothing in this paragraph (g) relieves a federally |
| 12 | | licensed firearm dealer from the requirements of |
| 13 | | conducting a NICS background check through the Illinois |
| 14 | | Point of Contact under 18 U.S.C. 922(t). For purposes of |
| 15 | | this paragraph (g), "application" means when the buyer and |
| 16 | | seller reach an agreement to purchase a firearm.
For |
| 17 | | purposes of this paragraph (g), "national governing body" |
| 18 | | means a group of persons who adopt rules and formulate |
| 19 | | policy on behalf of a national firearm sporting |
| 20 | | organization.
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| 21 | | (h) While holding any license
as a dealer,
importer, |
| 22 | | manufacturer or pawnbroker
under the federal Gun Control |
| 23 | | Act of 1968,
manufactures, sells or delivers to any |
| 24 | | unlicensed person a handgun having
a barrel, slide, frame |
| 25 | | or receiver which is a die casting of zinc alloy or
any |
| 26 | | other nonhomogeneous metal which will melt or deform at a |
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| 1 | | temperature
of less than 800 degrees Fahrenheit. For |
| 2 | | purposes of this paragraph, (1)
"firearm" is defined as in |
| 3 | | the Firearm Owners Identification Card Act; and (2)
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| 4 | | "handgun" is defined as a firearm designed to be held
and |
| 5 | | fired by the use of a single hand, and includes a |
| 6 | | combination of parts from
which such a firearm can be |
| 7 | | assembled.
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| 8 | | (i) Sells or gives a firearm of any size to any person |
| 9 | | under 18 years of
age who does not possess a valid Firearm |
| 10 | | Owner's Identification Card.
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| 11 | | (j) Sells or gives a firearm while engaged in the |
| 12 | | business of selling
firearms at wholesale or retail |
| 13 | | without being licensed as a federal firearms
dealer under |
| 14 | | Section 923 of the federal Gun Control Act of 1968 (18 |
| 15 | | U.S.C.
923). In this paragraph (j):
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| 16 | | A person "engaged in the business" means a person who |
| 17 | | devotes time,
attention, and
labor to
engaging in the |
| 18 | | activity as a regular course of trade or business with the
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| 19 | | principal objective of livelihood and profit, but does not |
| 20 | | include a person who
makes occasional repairs of firearms |
| 21 | | or who occasionally fits special barrels,
stocks, or |
| 22 | | trigger mechanisms to firearms.
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| 23 | | "With the principal objective of livelihood and |
| 24 | | profit" means that the
intent
underlying the sale or |
| 25 | | disposition of firearms is predominantly one of
obtaining |
| 26 | | livelihood and pecuniary gain, as opposed to other |
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| 1 | | intents, such as
improving or liquidating a personal |
| 2 | | firearms collection; however, proof of
profit shall not be |
| 3 | | required as to a person who engages in the regular and
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| 4 | | repetitive purchase and disposition of firearms for |
| 5 | | criminal purposes or
terrorism.
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| 6 | | (k) Sells or transfers ownership of a firearm to a |
| 7 | | person who does not display to the seller or transferor of |
| 8 | | the firearm either: (1) a currently valid Firearm Owner's |
| 9 | | Identification Card that has previously been issued in the |
| 10 | | transferee's name by the Illinois State Police under the |
| 11 | | provisions of the Firearm Owners Identification Card Act; |
| 12 | | or (2) a currently valid license to carry a concealed |
| 13 | | firearm that has previously been issued in the |
| 14 | | transferee's name by the
Illinois State Police under the |
| 15 | | Firearm Concealed Carry Act. This paragraph (k) does not |
| 16 | | apply to the transfer of a firearm to a person who is |
| 17 | | exempt from the requirement of possessing a Firearm |
| 18 | | Owner's Identification Card under Section 2 of the Firearm |
| 19 | | Owners Identification Card Act. For the purposes of this |
| 20 | | Section, a currently valid Firearm Owner's Identification |
| 21 | | Card or license to carry a concealed firearm means receipt |
| 22 | | of an approval number issued in accordance with subsection |
| 23 | | (a-10) of Section 3 or Section 3.1 of the Firearm Owners |
| 24 | | Identification Card Act. |
| 25 | | (1) In addition to the other requirements of this |
| 26 | | paragraph (k), all persons who are not federally |
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| 1 | | licensed firearms dealers must also have complied with |
| 2 | | subsection (a-10) of Section 3 of the Firearm Owners |
| 3 | | Identification Card Act by determining the validity of |
| 4 | | a purchaser's Firearm Owner's Identification Card. |
| 5 | | (2) All sellers or transferors who have complied |
| 6 | | with the requirements of subparagraph (1) of this |
| 7 | | paragraph (k) shall not be liable for damages in any |
| 8 | | civil action arising from the use or misuse by the |
| 9 | | transferee of the firearm transferred, except for |
| 10 | | willful or wanton misconduct on the part of the seller |
| 11 | | or transferor. |
| 12 | | (l) Not
being entitled to the possession of a firearm, |
| 13 | | delivers the
firearm, knowing it to have been stolen or |
| 14 | | converted. It may be inferred that
a person who possesses |
| 15 | | a firearm with knowledge that its serial number has
been |
| 16 | | removed or altered has knowledge that the firearm is |
| 17 | | stolen or converted. |
| 18 | | (m) Is a federally licensed firearm dealer under |
| 19 | | Section 923 of the federal Gun Control Act of 1968 and |
| 20 | | sells or delivers firearms in this State if the federally |
| 21 | | licensed firearm dealer has not received the training |
| 22 | | prescribed in Section 30 of the Firearm Dealer License |
| 23 | | Certification Act on how to recognize individuals with |
| 24 | | mental illness, mental impairment, or mental disease that |
| 25 | | would make those individuals a clear and present danger to |
| 26 | | themselves or others if those individuals possessed |
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| 1 | | firearms. In this paragraph (m), "clear and present |
| 2 | | danger" has the meaning ascribed to it in Section 1.1 of |
| 3 | | the Firearm Owners Identification Card Act. |
| 4 | | (B) Paragraph (h) of subsection (A) does not include |
| 5 | | firearms sold within 6
months after enactment of Public
Act |
| 6 | | 78-355 (approved August 21, 1973, effective October 1, 1973), |
| 7 | | nor is any
firearm legally owned or
possessed by any citizen or |
| 8 | | purchased by any citizen within 6 months after the
enactment |
| 9 | | of Public Act 78-355 subject
to confiscation or seizure under |
| 10 | | the provisions of that Public Act. Nothing in
Public Act |
| 11 | | 78-355 shall be construed to prohibit the gift or trade of
any |
| 12 | | firearm if that firearm was legally held or acquired within 6 |
| 13 | | months after
the enactment of that Public Act.
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| 14 | | (C) Sentence.
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| 15 | | (0.5) Any person convicted of unlawful sale or |
| 16 | | delivery of firearms in violation of
paragraph (m) of |
| 17 | | subsection (A) commits a Class A misdemeanor. |
| 18 | | (1) Any person convicted of unlawful sale or delivery |
| 19 | | of firearms in violation of
paragraph (c), (e), (f), (g), |
| 20 | | or (h) of subsection (A) commits a Class
4
felony.
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| 21 | | (2) Any person convicted of unlawful sale or delivery |
| 22 | | of firearms in violation of
paragraph (b) or (i) of |
| 23 | | subsection (A) commits a Class 3 felony.
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| 24 | | (3) Any person convicted of unlawful sale or delivery |
| 25 | | of firearms in violation of
paragraph (a) of subsection |
| 26 | | (A) commits a Class 2 felony.
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| 1 | | (4) Any person convicted of unlawful sale or delivery |
| 2 | | of firearms in violation of
paragraph (a), (b), or (i) of |
| 3 | | subsection (A) in any school, on the real
property |
| 4 | | comprising a school, within 1,000 feet of the real |
| 5 | | property comprising
a school, at a school related |
| 6 | | activity, or on or within 1,000 feet of any
conveyance |
| 7 | | owned, leased, or contracted by a school or school |
| 8 | | district to
transport students to or from school or a |
| 9 | | school related activity,
regardless of the time of day or |
| 10 | | time of year at which the offense
was committed, commits a |
| 11 | | Class 1 felony. Any person convicted of a second
or |
| 12 | | subsequent violation of unlawful sale or delivery of |
| 13 | | firearms in violation of paragraph
(a), (b), or (i) of |
| 14 | | subsection (A) in any school, on the real property
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| 15 | | comprising a school, within 1,000 feet of the real |
| 16 | | property comprising a
school, at a school related |
| 17 | | activity, or on or within 1,000 feet of any
conveyance |
| 18 | | owned, leased, or contracted by a school or school |
| 19 | | district to
transport students to or from school or a |
| 20 | | school related activity,
regardless of the time of day or |
| 21 | | time of year at which the offense
was committed, commits a |
| 22 | | Class 1 felony for which the sentence shall be a
term of |
| 23 | | imprisonment of no less than 5 years and no more than 15 |
| 24 | | years.
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| 25 | | (5) Any person convicted of unlawful sale or delivery |
| 26 | | of firearms in violation of
paragraph (a) or (i) of |
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| 1 | | subsection (A) in residential property owned,
operated, or |
| 2 | | managed by a public housing agency or leased by a public |
| 3 | | housing
agency as part of a scattered site or mixed-income |
| 4 | | development, in a public
park, in a
courthouse, on |
| 5 | | residential property owned, operated, or managed by a |
| 6 | | public
housing agency or leased by a public housing agency |
| 7 | | as part of a scattered site
or mixed-income development, |
| 8 | | on the real property comprising any public park,
on the |
| 9 | | real
property comprising any courthouse, or on any public |
| 10 | | way within 1,000 feet
of the real property comprising any |
| 11 | | public park, courthouse, or residential
property owned, |
| 12 | | operated, or managed by a public housing agency or leased |
| 13 | | by a
public housing agency as part of a scattered site or |
| 14 | | mixed-income development
commits a
Class 2 felony.
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| 15 | | (6) Any person convicted of unlawful sale or delivery |
| 16 | | of firearms in violation of
paragraph (j) of subsection |
| 17 | | (A) commits a Class A misdemeanor. A second or
subsequent |
| 18 | | violation is a Class 4 felony. |
| 19 | | (7) Any person convicted of unlawful sale or delivery |
| 20 | | of firearms in violation of paragraph (k) of subsection |
| 21 | | (A) commits a Class 4 felony, except that a violation of |
| 22 | | subparagraph (1) of paragraph (k) of subsection (A) shall |
| 23 | | not be punishable as a crime or petty offense. A third or |
| 24 | | subsequent conviction for a violation of paragraph (k) of |
| 25 | | subsection (A) is a Class 1 felony.
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| 26 | | (8) A person 18 years of age or older convicted of |
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| 1 | | unlawful sale or delivery of firearms in violation of |
| 2 | | paragraph (a) or (i) of subsection (A), when the firearm |
| 3 | | that was sold or given to another person under 18 years of |
| 4 | | age was used in the commission of or attempt to commit a |
| 5 | | forcible felony, shall be fined or imprisoned, or both, |
| 6 | | not to exceed the maximum provided for the most serious |
| 7 | | forcible felony so committed or attempted by the person |
| 8 | | under 18 years of age who was sold or given the firearm. |
| 9 | | (9) Any person convicted of unlawful sale or delivery |
| 10 | | of firearms in violation of
paragraph (d) of subsection |
| 11 | | (A) commits a Class 3 felony. |
| 12 | | (10) Any person convicted of unlawful sale or delivery |
| 13 | | of firearms in violation of paragraph (l) of subsection |
| 14 | | (A) commits a Class 2 felony if the delivery is of one |
| 15 | | firearm. Any person convicted of unlawful sale or delivery |
| 16 | | of firearms in violation of paragraph (l) of subsection |
| 17 | | (A) commits a Class 1 felony if the delivery is of not less |
| 18 | | than 2 and not more than 5 firearms at the
same time or |
| 19 | | within a one-year period. Any person convicted of unlawful |
| 20 | | sale or delivery of firearms in violation of paragraph (l) |
| 21 | | of subsection (A) commits a Class X felony for which he or |
| 22 | | she shall be sentenced
to a term of imprisonment of not |
| 23 | | less than 6 years and not more than 30
years if the |
| 24 | | delivery is of not less than 6 and not more than 10 |
| 25 | | firearms at the
same time or within a 2-year period. Any |
| 26 | | person convicted of unlawful sale or delivery of firearms |
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| 1 | | in violation of paragraph (l) of subsection (A) commits a |
| 2 | | Class X felony for which he or she shall be sentenced
to a |
| 3 | | term of imprisonment of not less than 6 years and not more |
| 4 | | than 40
years if the delivery is of not less than 11 and |
| 5 | | not more than 20 firearms at the
same time or within a |
| 6 | | 3-year period. Any person convicted of unlawful sale or |
| 7 | | delivery of firearms in violation of paragraph (l) of |
| 8 | | subsection (A) commits a Class X felony for which he or she |
| 9 | | shall be sentenced
to a term of imprisonment of not less |
| 10 | | than 6 years and not more than 50
years if the delivery is |
| 11 | | of not less than 21 and not more than 30 firearms at the
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| 12 | | same time or within a 4-year period. Any person convicted |
| 13 | | of unlawful sale or delivery of firearms in violation of |
| 14 | | paragraph (l) of subsection (A) commits a Class X felony |
| 15 | | for which he or she shall be sentenced
to a term of |
| 16 | | imprisonment of not less than 6 years and not more than 60
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| 17 | | years if the delivery is of 31 or more firearms at the
same |
| 18 | | time or within a 5-year period. |
| 19 | | (D) For purposes of this Section:
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| 20 | | "School" means a public or private elementary or secondary |
| 21 | | school,
community college, college, or university.
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| 22 | | "School related activity" means any sporting, social, |
| 23 | | academic, or
other activity for which students' attendance or |
| 24 | | participation is sponsored,
organized, or funded in whole or |
| 25 | | in part by a school or school district.
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| 26 | | (E) A prosecution for a violation of paragraph (k) of |