98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB2592

Introduced , by Rep. Esther Golar

SYNOPSIS AS INTRODUCED:
New Act
430 ILCS 65/3 from Ch. 38, par. 83-3
430 ILCS 65/3.1 from Ch. 38, par. 83-3.1
430 ILCS 65/8 from Ch. 38, par. 83-8
720 ILCS 5/24-3 from Ch. 38, par. 24-3
720 ILCS 5/24-3.1A new
720 ILCS 5/24-3.5
720 ILCS 5/24-4.1 new

Creates the Prevention of Gun Trafficking Act. Provides that it is a Class 4 felony for any person to engage in the business of selling, leasing, or otherwise transferring firearms or ammunition without a dealer permit issued by the Department of State Police. Establishes procedures and qualifications for obtaining a permit. Amends the Firearm Owners Identification Card Act. Provides that a person who is not a federally licensed firearm dealer permittee under the Prevention of Gun Trafficking Act and who desires to transfer or sell a firearm to another person, who is not a firearms dealer permittee under that Act, shall do so only through a firearms dealer permittee. Provides exceptions. Amends the Criminal Code of 2012. Provides that if a person who possesses a firearm thereafter loses or misplaces the firearm, or if the firearm is stolen from the person, the person must report the loss or theft to the local law enforcement agency within 72 hours after when he or she knew or reasonably should have known of the loss or theft. Effective immediately.
LRB098 08846 RLC 38975 b
CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
FISCAL NOTE ACT MAY APPLY

A BILL FOR

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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 1. Short title. This Act may be cited as the
5Prevention of Gun Trafficking Act.
6 Section 5. Legislative findings; purpose and intent. The
7General Assembly hereby finds and declares:
8 (a) Gun violence takes an extraordinary toll on families
9and communities in Illinois. In 2007, over 1,000 individuals
10died from firearm-related injuries in Illinois. In that same
11year, incidents of gun murders, gun suicides, and unintentional
12shootings in Illinois killed 150 children and adolescents ages
1319 and younger.
14 (b) Corrupt gun dealers, straw purchasers, unlicensed
15sellers, and theft are major channels used to divert firearms
16from the lawful to the unlawful market, according to a report
17issued in June of 2000, by the Department of the Treasury and
18Bureau of Alcohol, Tobacco and Firearms (ATF). That report
19analyzed 1,530 trafficking investigations during the period
20July 1996 through December 1998, involving a total of 84,128
21diverted firearms.
22 (c) States that have enacted laws: (1) requiring background
23checks before all gun sales, (2) requiring the reporting of

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1lost or stolen firearms, and (3) allowing or requiring
2inspections of gun dealers, have been shown to export crime
3guns at significantly lower rates than the states that have not
4enacted the laws, according to a report issued in September
52010 by Mayors Against Illegal Guns. That report analyzed
6aggregate statistical crime gun trace data across the 50
7states.
8 (d) Existing federal firearm laws have proven insufficient
9to prevent dangerous individuals from obtaining firearms. The
10federal Brady Act allows unlicensed private sellers of
11firearms, who account for 40% of firearms sold in the U.S., to
12sell firearms without performing a background check on the
13prospective purchaser. Federal law does not require sellers to
14report sales of firearms to law enforcement. In fact, federal
15law does not even allow the FBI to maintain records of approved
16gun purchasers for more than 24 hours. Federal law also does
17not require firearm owners to report to law enforcement if
18their firearms are lost or stolen.
19 (e) Background checks performed by licensed dealers have
20proven to be extremely effective at keep guns out of the hands
21of prohibited persons. Since the federal background check
22requirement was adopted in 1994, over 1.9 million criminals and
23other prohibited persons across the United States have been
24prohibited from buying guns. In 2010 alone, 70,972 gun
25transfers were denied using the federal background check
26system. Nevertheless, individuals prohibited by law from

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1possessing guns can easily obtain them from private sellers.
2Universal background checks will help ensure that all persons
3buying guns are legally eligible to do so.
4 (f) Laws requiring sellers to report firearm sales to a
5centralized database help law enforcement quickly and reliably
6"trace" (identify the source of) firearms recovered from crime
7scenes, and retrieve firearms from persons who have become
8legally prohibited from possessing them through criminal
9convictions or other prohibitions. These laws also discourage
10illegal firearm sales by creating accountability for gun
11owners, and help law enforcement return lost or stolen firearms
12to their rightful owners. Furthermore, information generated
13by firearm sales reporting laws helps protect law enforcement
14officers responding to an incident by providing them with
15information about firearms that may be present at the scene.
16 (g) Laws requiring the reporting of lost or stolen firearms
17are beneficial to law enforcement because they: (1) help deter
18and prosecute gun traffickers and criminals who often falsely
19claim that a crime gun that has been traced to them was lost or
20stolen in order to hide their involvement in the crime; (2)
21help disarm persons ineligible to possess firearms by deterring
22a person who has fallen into a prohibited category from falsely
23claiming that his or her firearm was lost or stolen; and (3)
24help return lost or stolen firearms to their owners. Reporting
25laws also make gun owners more accountable for their weapons.
26 (h) Federal regulation of firearms dealers and ammunition

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1sellers is currently inadequate to protect public safety.
2Although federal law requires firearms dealers to obtain a
3license from ATF, ATF does not have the resources or authority
4to properly oversee the more than 60,000 firearms dealers,
5manufacturers, collectors and others that it licenses. Between
61975 and 2005, ATF revoked, on average, fewer than 20 federal
7firearms licenses per year. The Office of the Inspector General
8has concluded that inspections by ATF are not fully effective
9for ensuring that licensees comply with federal firearms laws.
10The number of ATF agents "2,500" has not changed since 1972.
11During the same period of time, the staffs of other government
12agencies have increased dramatically. As a result of inadequate
13staffing, ATF was able to inspect less than 10% of FFLs in 2009
14and, on average, dealers are inspected only once a decade.
15 (i) FFLs are a major source of trafficked firearms. ATF's
16June 2000 report found that FFLs were associated with the
17largest number of trafficked guns, over 40,000, and concluded
18that "FFLs' access to large numbers of firearms makes them a
19particular threat to public safety when they fail to comply
20with the law." In 1998, ATF found that 56% of randomly
21inspected dealers and 30% of pawnbrokers selling 50 or more
22guns had violated federal firearms law. In addition, during
23fiscal year 2007, ATF found over 30,000 firearms missing from
24licensees' inventories with no record of sale.
25 (j) According to a 1998 ATF random sample of FFLs
26nationwide, 56% of all firearms dealers operated out of their

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1homes, and 33% were located in businesses that are not usually
2associated with gun sales, such as funeral homes or auto parts
3stores.
4 (k) ATF faces numerous obstacles that limit its ability to
5enforce the law; for example, ATF may conduct only one
6unannounced inspection of each FFL per year, the burden of
7proof for ATF's prosecution and revocation of licenses is
8extremely high, serious violations of federal firearms law are
9classified as misdemeanors rather than felonies, and ATF has
10historically been grossly understaffed.
11 (l) Federal law is silent regarding many important aspects
12of firearms dealers' and ammunition sellers' businesses. Among
13other things, federal law does not require these businesses to:
14(1) conduct employee background checks; (2) implement security
15requirements to prevent thefts; or (3) refrain from operating
16in residential neighborhoods or near schools, daycare centers
17or parks.
18 (m) It is the purpose and intent of the General Assembly to
19strengthen Illinois' firearm laws by requiring all firearm
20purchasers to be subject to a background check, by requiring
21firearms dealers and ammunition sellers to obtain a state
22license and report gun sales, by requiring the State Police to
23maintain records of gun sales, and by requiring gun owners to
24report all lost or stolen firearms. The General Assembly
25believes that these restrictions will help to keep guns out of
26the hands of felons, domestic abusers, the mentally ill, and

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1other prohibited persons, will discourage illegal gun sales and
2gun trafficking, and will help law enforcement solve gun
3crimes. The General Assembly further believes these
4restrictions will reduce gun deaths and injuries and increase
5public safety.
6 Section 10. Definitions. As used in this Act:
7 (a) "Ammunition" has the same meaning as "firearm
8ammunition" in Section 1.1 of the Firearm Owners Identification
9Card Act.
10 (b) "Applicant" means any person who applies for a dealer
11permit, or the renewal of a permit, to sell, lease, or transfer
12firearms or ammunition.
13 (c) "Department" means the Department of State Police.
14 (d) To "engage in the business of selling, leasing, or
15otherwise transferring firearms or ammunition" means to:
16 (i) Conduct a business selling, leasing or
17 transferring firearms or ammunition;
18 (ii) Hold one's self out as engaged in the business of
19 selling, leasing or otherwise transferring firearms or
20 ammunition; or
21 (iii) Sell, lease or transfer firearms or ammunition in
22 quantity, in series, or in individual transactions, or in
23 any other manner indicative of trade.
24 (e) "Firearm" has the same meaning as "firearm" in Section
251.1 of the Firearm Owners Identification Card Act.

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1 (f) "Dealer permit" means a permit issued by the Department
2to sell, lease, or transfer firearms or ammunition under this
3Act.
4 (g) "Permittee" or "firearms dealer permittee" means any
5person engaged in the business of selling, leasing, or
6otherwise transferring any firearm or ammunition who has
7obtained a permit from the Department to sell, lease, or
8transfer firearms or ammunition under this Act.
9 (h) "Person" means any individual, corporation, company,
10association, firm, partnership, club, organization, society,
11joint stock company or other entity.
12 Section 15. Permit requirement. It is unlawful for any
13person to engage in the business of selling, leasing, or
14otherwise transferring firearms or ammunition without a dealer
15permit, as required by this Act.
16 Section 20. Application for a dealer permit.
17 (a) Any person who is required to obtain a dealer permit
18under this Act shall:
19 (1) appear in person at a time and place designated by
20 the Department;
21 (2) complete and submit to the Department an
22 application, in writing, signed under penalty of perjury,
23 on a form prescribed by the Department;
24 (3) provide all relevant information requested to

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1 demonstrate compliance with this Act, including:
2 (A) the applicant's full name and any other name by
3 which the applicant has ever been known;
4 (B) the home address and telephone number of the
5 applicant;
6 (C) the present occupation, business address and
7 business telephone number of the applicant;
8 (D) the license or permit numbers of all federal,
9 state, or local licenses or permits held by the
10 applicant that authorize the applicant to sell, lease,
11 or otherwise transfer firearms or ammunition, if any;
12 (E) information relating to every other license or
13 permit to sell, lease, transfer, purchase, or possess
14 firearms or ammunition which was sought by the
15 applicant from the federal government or from any state
16 or subdivision of any state, including, but not limited
17 to, the type of license or permit sought, the date of
18 each application and whether it resulted in the
19 issuance of the license or permit, and the date and
20 circumstances of any revocation or suspension;
21 (F) the address of the proposed location for which
22 the permit is sought, if different than applicant's
23 business address;
24 (G) the business name, and the name of any
25 corporation, partnership or other entity that has any
26 ownership in, or control over, the business;

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1 (H) the names, dates of birth, and addresses of all
2 persons who will have access to or control of workplace
3 firearms or ammunition, including but not limited to,
4 the applicant's employees, agents, and supervisors, if
5 any;
6 (I) proof of a possessory interest in the property
7 at which the proposed business will be conducted, as
8 owner, lessee, or other legal occupant, and, if the
9 applicant is not the owner of record of the real
10 property upon which the applicant's business is to be
11 located and conducted, the written consent of the owner
12 of record of the real property to the applicant's
13 proposed business;
14 (J) the date, location, and nature of all criminal
15 convictions of the applicant, if any, in any
16 jurisdiction in the United States;
17 (K) proof that the applicant has applied for or
18 received a certificate of registration under the
19 Retailers' Occupation Tax Act; and
20 (L) written approval from the local sheriff of the
21 county or chief of police of the city in which the
22 business is located, together with a statement of any
23 additional requirements or conditions the business
24 must fulfill in order to comply with local law,
25 including requirements or conditions imposed by the
26 sheriff or chief at his or her discretion.

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1 (b) The Department may charge a fee to cover the
2administrative costs of the issuance of the permit.
3 Section 25. Investigation by Department and employee
4background checks.
5 (a) The Department shall conduct an investigation to
6determine, for the protection of public health and safety,
7whether the dealer permit may be issued or renewed. The
8Department shall require: (1) the applicant; and (2) all
9persons who will have access to or control of workplace
10firearms or ammunition, including but not limited to the
11applicant's employees, agents or supervisors, or both, if any,
12to provide fingerprints, a recent photograph, a signed
13authorization for the release of pertinent records, and any
14additional information which the Department considers
15necessary to complete the investigation. The investigation
16shall include the initiation and completion of an automated
17search of the Department's criminal history record information
18files and those of the Federal Bureau of Investigation,
19including the National Instant Criminal Background Check
20System, and of the files of the Department of Human Services
21relating to mental health and developmental disabilities to
22obtain any information that would disqualify a person from a
23dealer permit under this Act.
24 (b) Prior to issuance or renewal of the dealer permit, the
25Department shall inspect the premises of the proposed business

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1to ensure compliance with this Act.
2 (c) The Department may grant or renew a dealer permit if
3the applicant or permittee is in compliance with this Act and
4all other applicable federal, State, and local laws.
5 Section 30. Grounds for permit denial.
6 (a) The Department shall deny the issuance or renewal of a
7dealer permit if the operation of the business would not or
8does not comply with federal, State or local law, or if the
9applicant or permittee:
10 (1) is under 21 years of age;
11 (2) is not licensed as required by all applicable
12 federal, State, and local laws;
13 (3) has made a false or misleading statement of a
14 material fact or omission of a material fact in the
15 application for a dealer permit, or in any other documents
16 submitted to the Department pursuant to this Act. If a
17 permit is denied on this ground, the applicant is
18 prohibited from reapplying for a permit for a period of
19 five years;
20 (4) has had a license or permit to sell, lease,
21 transfer, purchase, or possess firearms or ammunition from
22 the federal government or the government of any state or
23 subdivision of any state revoked, suspended or denied for
24 good cause within the preceding five years;
25 (5) is prohibited by any federal, State, or local law

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1 from purchasing or possessing firearms or ammunition, or
2 has been convicted of:
3 (A) an offense relating to the manufacture, sale,
4 possession or use of a firearm or dangerous or deadly
5 weapon or ammunition therefor;
6 (B) an offense involving the use of force or
7 violence upon the person of another;
8 (C) an offense involving theft, fraud, dishonesty
9 or deceit; or
10 (D) within the preceding 5 years, an offense
11 involving the manufacture, sale, possession, or use of
12 a controlled substance; or
13 (6) is currently, or has been within the preceding 5
14 years, an unlawful user of or addicted to a controlled
15 substance.
16 (b) Employees, agents, or supervisors of the applicant or
17permittee may not have access to or control over workplace
18firearms or ammunition until the Department has conducted an
19investigation under Section 25, and verified that none of the
20conditions listed in paragraphs (1), (4), (5), or (6) of
21subsection (a) of this Section exist, as applied to those
22employees, agents, or supervisors. A new law enforcement
23investigation and background verification of the person must be
24conducted each time the permittee renews his or her permit, or
25applies for a new permit. Except as provided in subsection (c),
26the Department shall deny the issuance or renewal of dealer

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1permit, or shall revoke an existing permit, if the applicant or
2permittee allows any employee, agent, or supervisor to have
3access to or control over workplace firearms or ammunition
4prior to the completion of the law enforcement investigation
5and background verification of those persons, or if those
6persons have not undergone the law enforcement investigation
7and background verification process within the last 5 years.
8 (c) Where an applicant is applying for a dealer permit to
9sell, lease or transfer firearms or ammunition within the first
10180 days of the effective date of this Act, and where the
11applicant has an existing firearms dealer business which
12complies with all applicable federal, State and local laws, or
13is not a seller of firearms but is already engaged in the sale
14of ammunition:
15 (1) the applicant's current employees, agents, or
16 supervisors may continue to have access to or control over
17 workplace firearms and ammunition pending the completion
18 of the Department's investigation and background
19 verification; and
20 (2) where one or more of the applicant's employees,
21 agents, or supervisors are found to be in violation of the
22 conditions listed in paragraph (1), (4), (5), or (6) of
23 subsection (a) of this Section, the applicant shall have 60
24 days from the mailing of written notification from the
25 Department to verify that the persons have been removed or
26 reassigned so that they no longer have access to or control

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1 of workplace firearms or ammunition. Failure of the
2 applicant to comply with this subsection shall cause the
3 Department to deny the application for a dealer permit.
4 (d) A person who knowingly makes a false statement or
5knowingly conceals a material fact or uses false information or
6identification in any application for a dealer permit under
7this Act commits a Class A misdemeanor.
8 Section 35. Issuance of dealer permit; duration.
9 (a) A dealer permit expires 5 years after the date of
10issuance. A permit may be renewed for additional 5-year periods
11if the permittee submits a timely application for renewal,
12accompanied by a nonrefundable renewal fee established by the
13Department. Renewal of the permit is contingent upon the
14permittee's compliance with the terms and conditions of the
15original application and permit, as detailed in this Act, and
16any additional conditions arising from newly-adopted laws or
17determined by regulations created by the Department.
18Department personnel shall inspect the permitted business
19premises for compliance with this Act prior to renewal of the
20permit. The renewal application and the renewal fee must be
21received by the Department no later than 90 days before the
22expiration of the current permit.
23 (b) A decision regarding issuance or renewal of the dealer
24permit may be appealed in the manner provided under the
25Illinois Administrative Procedure Act.

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1 Section 40. Revocation of dealer permit.
2 The Department may revoke the dealer permit of any person
3found to be in violation of any provision of this Act or any
4other applicable federal, State, or local law.
5 Section 45. Report of permit revocation to federal
6authorities. In addition to any other penalty or remedy, the
7Department shall report any person or entity whose dealer
8permit is revoked pursuant to this Act to the Bureau of
9Alcohol, Tobacco, Firearms & Explosives within the U.S.
10Department of Justice, and to the local sheriff or Chief of
11Police.
12 Section 50. Display of dealer permit. The dealer permit, or
13a certified copy of it, shall be displayed in a prominent place
14on the business premises where it can be easily seen by those
15entering the premises.
16 Section 55. Non-assignability. A dealer permit issued
17under this Act is not assignable. Any attempt to assign a
18dealer permit shall result in revocation of the permit.
19 Section 60. Compliance by existing businesses. A person
20engaged in the business of selling, leasing, or otherwise
21transferring any firearm or ammunition on the effective date of

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1this Act shall, within 90 days of the effective date, comply
2with this Act. However, any person whose business is located in
3any location described in Section 75 of this Act may continue
4to sell, lease, or transfer firearms or ammunition for up to 2
5years after the effective date of this Act. After the 2-year
6period has expired, any person is prohibited from selling,
7leasing, or transferring firearms or ammunition in the named
8location.
9 Section 65. Law enforcement inspections. Permittees shall
10have their places of business open for inspection by federal,
11state, and local law enforcement during all hours of operation.
12The Department shall conduct an inspection of the business in
13connection with the initial issuance of a permit, and
14thereafter conduct an inspection in connection with each
15renewal of the permit. Permittees shall maintain all records,
16documents, firearms, and ammunition in a manner and place
17accessible for inspection by federal, State, and local law
18enforcement.
19 Section 70. On-site security.
20 (a) All firearms and ammunition in the inventory of a
21permittee must be kept at the permitted business location.
22 (b) No firearm may be displayed in any outer window of the
23business premises of the permittee or in any other place where
24it can readily be seen from the outside.

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1 (c) The Department shall adopt standards specifying
2minimum security requirements for permittees. By January 1,
32015, all permittees shall comply with the standards. Failure
4to fully comply with the security requirements imposed by the
5Department shall be sufficient cause for denial or revocation
6of the permit by the Department. The standards may provide for:
7 (1) the manner of securing firearms and ammunition when
8 the location is both open and closed for business;
9 (2) alarm systems for permittees; and
10 (3) other reasonable requirements to reduce the risk of
11 burglaries and other crimes or accidents at permittees'
12 business establishments.
13 Section 75. Location of business premises.
14 (a) The business of a permittee shall be carried on only in
15the building located at the street address shown on the permit.
16This requirement does not prohibit the permittee from
17participating in a gun show or event as defined under federal
18law that is authorized by federal, state, or local law upon
19compliance with those laws.
20 (b) The business premises shall not be located in any
21district or area that is zoned for residential use, or within
221,000 feet of any school, pre-school, day-care facility, park,
23community center, place of worship, liquor store, bar, youth
24center, video arcade, amusement park (not including a temporary
25carnival or similar event), or residentially zoned district or

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1area.
2 Section 80. Warnings to consumers. The Department may
3require permittees to post warnings or otherwise provide
4information to consumers regarding firearms laws and the safe
5storage of firearms. A permittee shall post any warnings or
6provide any information to consumers as required by the
7Department.
8 Section 85. Precautions against illegal sales.
9 (a) The permittee shall refuse to sell or transfer a
10firearm to any person the permittee knows or has reason to know
11is purchasing the firearm on behalf of another person, unless
12the person purchasing the firearm from the permittee is another
13permittee.
14 (b) The permittee shall refuse to sell or transfer a
15firearm to any person the permittee knows or has reason to know
16is purchasing the firearm with the intent to resell or transfer
17the firearm in violation of federal, State, or local law.
18 (c) The permittee shall refuse to sell or transfer a
19firearm to any person who has provided a home address in a
20municipality or county in which possession of that type of
21firearm is illegal, unless the transferee presents reasonably
22satisfactory evidence that the firearm will not be used or
23possessed unlawfully in that municipality or county.
24 (d) The permittee shall refuse to sell or transfer a

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1firearm to any person who has provided a home address in a
2municipality or county that requires a license for or
3registration of the firearm, unless the purchaser presents
4satisfactory evidence of compliance with the licensing or
5registration requirement.
6 Section 90. Penalty. Any person who engages in the business
7of selling, leasing, or otherwise transferring firearms or
8ammunition without a dealer permit as required by this Act is
9guilty of a Class 4 felony.
10 Section 95. Enforcement; rulemaking.
11 (a) This Act must be enforced by the Department, and may be
12enforced, for the purpose of determining compliance with this
13Act, by any municipality in which the licensee is located or,
14if the licensee is not located in a municipality, by the county
15in which the licensee is located.
16 (b) The Department shall adopt rules necessary for the
17implementation and administration of this Act.
18 Section 100. The Firearm Owners Identification Card Act is
19amended by changing Sections 3, 3.1, and 8 as follows:
20 (430 ILCS 65/3) (from Ch. 38, par. 83-3)
21 Sec. 3. (a) Except as provided in Section 3a, no person may
22knowingly transfer, or cause to be transferred, any firearm,

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1firearm ammunition, stun gun, or taser to any person within
2this State unless the transferee with whom he deals displays a
3currently valid Firearm Owner's Identification Card which has
4previously been issued in his name by the Department of State
5Police under the provisions of this Act. In addition, all
6firearm, stun gun, and taser transfers by federally licensed
7firearm dealers are subject to Section 3.1.
8 (a-5) Any person who is not a federally licensed firearm
9dealer permittee under the Prevention of Gun Trafficking Act
10and who desires to transfer or sell a firearm to another
11person, who is not a firearms dealer permittee under that Act,
12shall do so only through a firearms dealer permittee, as
13follows:
14 (1) the seller or other transferor shall deliver the
15 firearm to the permittee, who shall retain possession of
16 the firearm until all legal requirements for the sale or
17 other transfer have been met, including compliance with any
18 State or local waiting periods;
19 (2) the permittee shall process the sale or other
20 transfer as if he or she were the seller or other
21 transferor. The permittee shall comply with all
22 requirements of federal, State, and local law that would
23 apply if he or she were the seller or other transferor of
24 the firearm;
25 (3) the permittee shall conduct a background check on
26 the purchaser or other transferee in accordance with 18

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1 U.S.C. 922(t) and State and local law and, if the
2 transaction is not prohibited, deliver the firearm to that
3 person after all other legal requirements are met;
4 (4) if the permittee cannot legally deliver the firearm
5 to the purchaser or other transferee, the permittee shall
6 conduct a background check on the seller or other
7 transferor in accordance with 18 U.S.C. 922(t), and State
8 and local law, and, if the return is not prohibited, return
9 the firearm to that person;
10 (5) if the permittee cannot legally return the firearm
11 to the seller or other transferor, the permittee shall
12 deliver the firearm to local law enforcement within 24
13 hours; and
14 (6) the purchaser or transferee may be required by the
15 dealer permittee to pay a fee not to exceed $10 per
16 firearm, which the dealer permittee may retain as
17 compensation for performing the functions required under
18 this subsection, plus the applicable fees authorized by
19 Section 3.1.
20 (a-6) The provisions of subsection (a-5) do not apply to:
21 (1) any law enforcement or corrections agency, or law
22 enforcement or corrections officer acting within the
23 course and scope of his or her employment or official
24 duties;
25 (2) a United States Marshal or member of the Armed
26 Forces of the United States or the National Guard, or a

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1 federal official transferring or receiving a firearm as
2 required in the operation of his or her official duties;
3 (3) a gunsmith who receives a firearm solely for the
4 purposes of service or repair, or the return of the firearm
5 to its owner by the gunsmith;
6 (4) a common carrier, warehouseman, or other person
7 engaged in the business of transportation or storage, to
8 the extent that the receipt of any firearm is in the
9 ordinary course of business and not for the personal use of
10 any person;
11 (5) a person who is loaned a firearm solely for the
12 purpose of shooting at targets, if the loan occurs on the
13 premises of a properly licensed target facility, and the
14 firearm is at all times kept within the premises of the
15 target range;
16 (6) a person who is under 18 years of age who is loaned
17 a firearm for lawful hunting or sporting purposes or for
18 any other lawful recreational activity while under the
19 direct supervision and control of a responsible adult;
20 (7) a person who is 18 years of age or older who is
21 loaned a firearm while the person is accompanying the
22 lawful owner and using the firearm for lawful hunting or
23 sporting purposes or for any other lawful recreational
24 activity;
25 (8) a person who acquired the firearm by operation of
26 law upon the death of the former owner of the firearm

HB2592- 23 -LRB098 08846 RLC 38975 b
1 within the preceding 60 days. At the end of the 60-day
2 period, the person must either have lawfully transferred
3 the firearm or must have contacted the department of state
4 police to notify the department that he or she has
5 possession of the firearm and intends to retain possession
6 of the firearm, in compliance with all federal, state and
7 local laws, at which time the Department of State Police
8 shall conduct a background check on the person; or
9 (9) an adult family member of the lawful owner of the
10 firearm if the owner resides with the family member but is
11 not currently present in the residence, provided that the
12 family member does not maintain control over the firearm
13 for more than 14 consecutive days. This exception shall not
14 apply if the owner or the family member knows or has
15 reasonable cause to believe that federal, State, or local
16 law prohibits the family member from purchasing or
17 possessing firearms, or the owner knows or has reasonable
18 cause to believe that the family member is likely to use
19 the firearm for unlawful purposes. while that person is on
20 the grounds of a gun show must, before selling or
21 transferring the firearm, request the Department of State
22 Police to conduct a background check on the prospective
23 recipient of the firearm in accordance with Section 3.1.
24
25 (b) Any person within this State who transfers or causes to
26be transferred any firearm, stun gun, or taser shall keep a

HB2592- 24 -LRB098 08846 RLC 38975 b
1record of such transfer for a period of 10 years from the date
2of transfer. Such record shall contain the date of the
3transfer; the description, serial number or other information
4identifying the firearm, stun gun, or taser if no serial number
5is available; and, if the transfer was completed within this
6State, the transferee's Firearm Owner's Identification Card
7number. On or after January 1, 2006, the record shall contain
8the date of application for transfer of the firearm. On demand
9of a peace officer such transferor shall produce for inspection
10such record of transfer. If the transfer or sale took place at
11a gun show, the record shall include the unique identification
12number. Failure to record the unique identification number is a
13petty offense.
14 (b-5) Any resident may purchase ammunition from a person
15within or outside of Illinois if shipment is by United States
16mail or by a private express carrier authorized by federal law
17to ship ammunition. Any resident purchasing ammunition within
18or outside the State of Illinois must provide the seller with a
19copy of his or her valid Firearm Owner's Identification Card
20and either his or her Illinois driver's license or Illinois
21State Identification Card prior to the shipment of the
22ammunition. The ammunition may be shipped only to an address on
23either of those 2 documents.
24 (c) The provisions of this Section regarding the transfer
25of firearm ammunition shall not apply to those persons
26specified in paragraph (b) of Section 2 of this Act.

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1(Source: P.A. 97-1135, eff. 12-4-12.)
2 (430 ILCS 65/3.1) (from Ch. 38, par. 83-3.1)
3 Sec. 3.1. Dial up system.
4 (a) The Department of State Police shall provide a dial up
5telephone system or utilize other existing technology which
6shall be used by any federally licensed firearm dealer, gun
7show promoter, or gun show vendor who is to transfer a firearm,
8stun gun, or taser under the provisions of this Act. The
9Department of State Police may utilize existing technology
10which allows the caller to be charged a fee not to exceed $2.
11Fees collected by the Department of State Police shall be
12deposited in the State Police Services Fund and used to provide
13the service.
14 (b) Upon receiving a request from a federally licensed
15firearm dealer, gun show promoter, or gun show vendor, the
16Department of State Police shall immediately approve, or within
17the time period established by Section 24-3 of the Criminal
18Code of 2012 regarding the delivery of firearms, stun guns, and
19tasers notify the inquiring dealer, gun show promoter, or gun
20show vendor of any objection that would disqualify the
21transferee from acquiring or possessing a firearm, stun gun, or
22taser. In conducting the inquiry, the Department of State
23Police shall initiate and complete an automated search of its
24criminal history record information files and those of the
25Federal Bureau of Investigation, including the National

HB2592- 26 -LRB098 08846 RLC 38975 b
1Instant Criminal Background Check System, and of the files of
2the Department of Human Services relating to mental health and
3developmental disabilities to obtain any felony conviction or
4patient hospitalization information which would disqualify a
5person from obtaining or require revocation of a currently
6valid Firearm Owner's Identification Card.
7 (c) If receipt of a firearm would not violate Section 24-3
8of the Criminal Code of 2012, federal law, or this Act the
9Department of State Police shall:
10 (1) assign a unique identification number to the
11 transfer; and
12 (2) provide the licensee, gun show promoter, or gun
13 show vendor with the number.
14 (d) Approvals issued by the Department of State Police for
15the purchase of a firearm are valid for 30 days from the date
16of issue.
17 (e) (1) The Department of State Police must act as the
18Illinois Point of Contact for the National Instant Criminal
19Background Check System.
20 (2) The Department of State Police and the Department of
21Human Services shall, in accordance with State and federal law
22regarding confidentiality, enter into a memorandum of
23understanding with the Federal Bureau of Investigation for the
24purpose of implementing the National Instant Criminal
25Background Check System in the State. The Department of State
26Police shall report the name, date of birth, and physical

HB2592- 27 -LRB098 08846 RLC 38975 b
1description of any person prohibited from possessing a firearm
2pursuant to the Firearm Owners Identification Card Act or 18
3U.S.C. 922(g) and (n) to the National Instant Criminal
4Background Check System Index, Denied Persons Files.
5 (f) The Department of State Police shall promulgate rules
6not inconsistent with this Section to implement this system.
7 (g) The Department of State Police shall develop an
8Internet-based system which shall be used by any dealer who is
9to transfer a firearm under the provisions of this Act after
10January 1, 2015. The Department of State Police shall have the
11system completed and available for use by that date. The
12Department shall promulgate rules not inconsistent with this
13Section to implement this system.
14 (h) Effective January 1, 2015, the Internet-based system
15shall be used for every sale or transfer of a firearm subject
16to subsection (a-5) of Section 3 of this Act as follows:
17 (1) The federally licensed firearms dealer shall
18 utilize the Internet-based system system to request the
19 Department of State Police to conduct a background check
20 prior to sale or transfer of a firearm. The dealer shall be
21 required to enter all information that is required by
22 federal firearms transaction form 4473 into the system in
23 order to request a background check, along with the
24 transferee's Firearm Owner's Identification Card number.
25 if the sale or transfer is a private party transfer of a
26 firearm that the dealer is processing under Section 3, the

HB2592- 28 -LRB098 08846 RLC 38975 b
1 dealer shall note this fact in the system, along with the
2 private seller or transferor's name and address.
3 (2) The Department of State Police shall utilize the
4 system to notify the dealer of the approval or denial of
5 the sale or transfer and the unique identification number
6 assigned to the transfer.
7 (3) The dealer shall utilize the system to notify the
8 department of state police if and when delivery of the
9 firearm or firearms occurs.
10 (4) The Department of State Police shall require the
11 dealer to charge the transferee a fee sufficient to cover
12 the Department's costs associated with each use of this
13 system. Fees collected by the Department of State Police
14 shall be deposited in the State Police Services Fund and
15 used to provide the service.
16 (i) Effective January 1, 2015, the Department of State
17Police shall keep and maintain a searchable database of all
18information it sends of receives through the internet based
19system pursuant to this Section, which information shall be
20accessible to any law enforcement officer upon request,
21including:
22 (1) all information from federal firearms transaction
23 form 4473, including the name, address, date of birth, and
24 driver's license or other government-issued identification
25 number of the transferee, and the make, model, serial
26 number, type, and caliber or gauge of the firearm;

HB2592- 29 -LRB098 08846 RLC 38975 b
1 (2) the identity of the federally licensed firearms
2 dealer and the dealer's agent or employee who processed
3 each sale or transfer;
4 (3) the transferee's Firearm Owner's Identification
5 Card number;
6 (4) whether the sale or transfer is a private party
7 transfer pursuant to section 3, and if so, the original
8 seller or transferor's name and address; and
9 (5) the date of delivery of any firearm.
10 (j) Effective January 1, 2015, each federally licensed
11firearms dealer shall maintain a permanent written record of
12all information sent or received through the Internet-based
13system, including all information listed in subsection (h), in
14accordance with rules established by the Department of State
15Police. These records shall be available for inspection any law
16enforcement officer upon request.
17(Source: P.A. 97-1150, eff. 1-25-13.)
18 (430 ILCS 65/8) (from Ch. 38, par. 83-8)
19 Sec. 8. The Department of State Police has authority to
20deny an application for or to revoke and seize a Firearm
21Owner's Identification Card previously issued under this Act
22only if the Department finds that the applicant or the person
23to whom such card was issued is or was at the time of issuance:
24 (a) A person under 21 years of age who has been convicted
25of a misdemeanor other than a traffic offense or adjudged

HB2592- 30 -LRB098 08846 RLC 38975 b
1delinquent;
2 (b) A person under 21 years of age who does not have the
3written consent of his parent or guardian to acquire and
4possess firearms and firearm ammunition, or whose parent or
5guardian has revoked such written consent, or where such parent
6or guardian does not qualify to have a Firearm Owner's
7Identification Card;
8 (c) A person convicted of a felony under the laws of this
9or any other jurisdiction;
10 (d) A person addicted to narcotics;
11 (e) A person who has been a patient of a mental institution
12within the past 5 years or has been adjudicated as a mental
13defective;
14 (f) A person whose mental condition is of such a nature
15that it poses a clear and present danger to the applicant, any
16other person or persons or the community;
17 For the purposes of this Section, "mental condition" means
18a state of mind manifested by violent, suicidal, threatening or
19assaultive behavior.
20 (g) A person who is intellectually disabled;
21 (h) A person who intentionally makes a false statement in
22the Firearm Owner's Identification Card application;
23 (i) An alien who is unlawfully present in the United States
24under the laws of the United States;
25 (i-5) An alien who has been admitted to the United States
26under a non-immigrant visa (as that term is defined in Section

HB2592- 31 -LRB098 08846 RLC 38975 b
1101(a)(26) of the Immigration and Nationality Act (8 U.S.C.
21101(a)(26))), except that this subsection (i-5) does not apply
3to any alien who has been lawfully admitted to the United
4States under a non-immigrant visa if that alien is:
5 (1) admitted to the United States for lawful hunting or
6 sporting purposes;
7 (2) an official representative of a foreign government
8 who is:
9 (A) accredited to the United States Government or
10 the Government's mission to an international
11 organization having its headquarters in the United
12 States; or
13 (B) en route to or from another country to which
14 that alien is accredited;
15 (3) an official of a foreign government or
16 distinguished foreign visitor who has been so designated by
17 the Department of State;
18 (4) a foreign law enforcement officer of a friendly
19 foreign government entering the United States on official
20 business; or
21 (5) one who has received a waiver from the Attorney
22 General of the United States pursuant to 18 U.S.C.
23 922(y)(3);
24 (j) (Blank);
25 (k) A person who has been convicted within the past 5 years
26of battery, assault, aggravated assault, violation of an order

HB2592- 32 -LRB098 08846 RLC 38975 b
1of protection, or a substantially similar offense in another
2jurisdiction, in which a firearm was used or possessed;
3 (l) A person who has been convicted of domestic battery,
4aggravated domestic battery, or a substantially similar
5offense in another jurisdiction committed before, on or after
6January 1, 2012 (the effective date of Public Act 97-158). If
7the applicant or person who has been previously issued a
8Firearm Owner's Identification Card under this Act knowingly
9and intelligently waives the right to have an offense described
10in this paragraph (l) tried by a jury, and by guilty plea or
11otherwise, results in a conviction for an offense in which a
12domestic relationship is not a required element of the offense
13but in which a determination of the applicability of 18 U.S.C.
14922(g)(9) is made under Section 112A-11.1 of the Code of
15Criminal Procedure of 1963, an entry by the court of a judgment
16of conviction for that offense shall be grounds for denying an
17application for and for revoking and seizing a Firearm Owner's
18Identification Card previously issued to the person under this
19Act;
20 (m) (Blank);
21 (n) A person who is prohibited from acquiring or possessing
22firearms or firearm ammunition by any Illinois State statute or
23by federal law;
24 (o) A minor subject to a petition filed under Section 5-520
25of the Juvenile Court Act of 1987 alleging that the minor is a
26delinquent minor for the commission of an offense that if

HB2592- 33 -LRB098 08846 RLC 38975 b
1committed by an adult would be a felony;
2 (p) An adult who had been adjudicated a delinquent minor
3under the Juvenile Court Act of 1987 for the commission of an
4offense that if committed by an adult would be a felony; or
5 (q) A person who is not a resident of the State of
6Illinois, except as provided in subsection (a-10) of Section 4.
7 (r) The Department of State Police may revoke and seize a
8Firearm Owner's Identification Card previously issued under
9this Act of a person who fails to report the loss or theft of a
10firearm a second time to the local law enforcement agency
11within 72 hours after obtaining knowledge of the second loss or
12theft.
13(Source: P.A. 96-701, eff. 1-1-10; 97-158, eff. 1-1-12; 97-227,
14eff. 1-1-12; 97-813, eff. 7-13-12; 97-1131, eff. 1-1-13.)
15 Section 105. The Criminal Code of 2012 is amended by
16changing Sections 24-3 and 24-3.5 and by adding Sections
1724-3.1A, 24-4.1 as follows:
18 (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
19 Sec. 24-3. Unlawful sale or delivery of firearms.
20 (A) A person commits the offense of unlawful sale or
21delivery of firearms when he or she knowingly does any of the
22following:
23 (a) Sells or gives any firearm of a size which may be
24 concealed upon the person to any person under 18 years of

HB2592- 34 -LRB098 08846 RLC 38975 b
1 age.
2 (b) Sells or gives any firearm to a person under 21
3 years of age who has been convicted of a misdemeanor other
4 than a traffic offense or adjudged delinquent.
5 (c) Sells or gives any firearm to any narcotic addict.
6 (d) Sells or gives any firearm to any person who has
7 been convicted of a felony under the laws of this or any
8 other jurisdiction.
9 (e) Sells or gives any firearm to any person who has
10 been a patient in a mental hospital within the past 5
11 years.
12 (f) Sells or gives any firearms to any person who is
13 intellectually disabled.
14 (g) Delivers any firearm of a size which may be
15 concealed upon the person, incidental to a sale, without
16 withholding delivery of such firearm for at least 72 hours
17 after application for its purchase has been made, or
18 delivers any rifle, shotgun or other long gun, or a stun
19 gun or taser, incidental to a sale, without withholding
20 delivery of such rifle, shotgun or other long gun, or a
21 stun gun or taser for at least 24 hours after application
22 for its purchase has been made. However, this paragraph (g)
23 does not apply to: (1) the sale of a firearm to a law
24 enforcement officer if the seller of the firearm knows that
25 the person to whom he or she is selling the firearm is a
26 law enforcement officer or the sale of a firearm to a

HB2592- 35 -LRB098 08846 RLC 38975 b
1 person who desires to purchase a firearm for use in
2 promoting the public interest incident to his or her
3 employment as a bank guard, armed truck guard, or other
4 similar employment; (2) a mail order sale of a firearm to a
5 nonresident of Illinois under which the firearm is mailed
6 to a point outside the boundaries of Illinois; (3) the sale
7 of a firearm to a nonresident of Illinois while at a
8 firearm showing or display recognized by the Illinois
9 Department of State Police; or (4) the sale of a firearm to
10 a dealer licensed as a federal firearms dealer under
11 Section 923 of the federal Gun Control Act of 1968 (18
12 U.S.C. 923). For purposes of this paragraph (g),
13 "application" means when the buyer and seller reach an
14 agreement to purchase a firearm.
15 (h) While holding any license as a dealer, importer,
16 manufacturer or pawnbroker under the federal Gun Control
17 Act of 1968, manufactures, sells or delivers to any
18 unlicensed person a handgun having a barrel, slide, frame
19 or receiver which is a die casting of zinc alloy or any
20 other nonhomogeneous metal which will melt or deform at a
21 temperature of less than 800 degrees Fahrenheit. For
22 purposes of this paragraph, (1) "firearm" is defined as in
23 the Firearm Owners Identification Card Act; and (2)
24 "handgun" is defined as a firearm designed to be held and
25 fired by the use of a single hand, and includes a
26 combination of parts from which such a firearm can be

HB2592- 36 -LRB098 08846 RLC 38975 b
1 assembled.
2 (i) Sells or gives a firearm of any size to any person
3 under 18 years of age who does not possess a valid Firearm
4 Owner's Identification Card.
5 (j) Sells or gives a firearm while engaged in the
6 business of selling firearms at wholesale or retail without
7 being licensed as a federal firearms dealer under Section
8 923 of the federal Gun Control Act of 1968 (18 U.S.C. 923).
9 In this paragraph (j):
10 A person "engaged in the business" means a person who
11 devotes time, attention, and labor to engaging in the
12 activity as a regular course of trade or business with the
13 principal objective of livelihood and profit, but does not
14 include a person who makes occasional repairs of firearms
15 or who occasionally fits special barrels, stocks, or
16 trigger mechanisms to firearms.
17 "With the principal objective of livelihood and
18 profit" means that the intent underlying the sale or
19 disposition of firearms is predominantly one of obtaining
20 livelihood and pecuniary gain, as opposed to other intents,
21 such as improving or liquidating a personal firearms
22 collection; however, proof of profit shall not be required
23 as to a person who engages in the regular and repetitive
24 purchase and disposition of firearms for criminal purposes
25 or terrorism.
26 (k) Sells or transfers ownership of a firearm to a

HB2592- 37 -LRB098 08846 RLC 38975 b
1 person who does not display to the seller or transferor of
2 the firearm a currently valid Firearm Owner's
3 Identification Card that has previously been issued in the
4 transferee's name by the Department of State Police under
5 the provisions of the Firearm Owners Identification Card
6 Act. This paragraph (k) does not apply to the transfer of a
7 firearm to a person who is exempt from the requirement of
8 possessing a Firearm Owner's Identification Card under
9 Section 2 of the Firearm Owners Identification Card Act.
10 For the purposes of this Section, a currently valid Firearm
11 Owner's Identification Card means (i) a Firearm Owner's
12 Identification Card that has not expired or (ii) if the
13 transferor is licensed as a federal firearms dealer under
14 Section 923 of the federal Gun Control Act of 1968 (18
15 U.S.C. 923), an approval number issued in accordance with
16 Section 3.1 of the Firearm Owners Identification Card Act
17 shall be proof that the Firearm Owner's Identification Card
18 was valid.
19 (l) Not being entitled to the possession of a firearm,
20 delivers the firearm, knowing it to have been stolen or
21 converted. It may be inferred that a person who possesses a
22 firearm with knowledge that its serial number has been
23 removed or altered has knowledge that the firearm is stolen
24 or converted.
25 (m) Transfers or possesses with intent to transfer a
26 firearm to another person who is not a firearms dealer

HB2592- 38 -LRB098 08846 RLC 38975 b
1 permittee under the Prevention of Gun trafficking Act,
2 without complying with subsection a-5 of Section 3 of the
3 Firearm Owners Identification Card Act by conducting the
4 transfer through a firearms dealer permittee. This
5 paragraph (m) does not apply to a firearms dealer
6 permittee, or any of the persons listed as exceptions in
7 subsection (a-5) of Section 3 of the Firearm Owners
8 Identification Card Act.
9 (B) Paragraph (h) of subsection (A) does not include
10firearms sold within 6 months after enactment of Public Act
1178-355 (approved August 21, 1973, effective October 1, 1973),
12nor is any firearm legally owned or possessed by any citizen or
13purchased by any citizen within 6 months after the enactment of
14Public Act 78-355 subject to confiscation or seizure under the
15provisions of that Public Act. Nothing in Public Act 78-355
16shall be construed to prohibit the gift or trade of any firearm
17if that firearm was legally held or acquired within 6 months
18after the enactment of that Public Act.
19 (C) Sentence.
20 (1) Any person convicted of unlawful sale or delivery
21 of firearms in violation of paragraph (c), (e), (f), (g),
22 or (h) of subsection (A) commits a Class 4 felony.
23 (2) Any person convicted of unlawful sale or delivery
24 of firearms in violation of paragraph (b) or (i) of
25 subsection (A) commits a Class 3 felony.
26 (3) Any person convicted of unlawful sale or delivery

HB2592- 39 -LRB098 08846 RLC 38975 b
1 of firearms in violation of paragraph (a) of subsection (A)
2 commits a Class 2 felony.
3 (4) Any person convicted of unlawful sale or delivery
4 of firearms in violation of paragraph (a), (b), or (i) of
5 subsection (A) in any school, on the real property
6 comprising a school, within 1,000 feet of the real property
7 comprising a school, at a school related activity, or on or
8 within 1,000 feet of any conveyance owned, leased, or
9 contracted by a school or school district to transport
10 students to or from school or a school related activity,
11 regardless of the time of day or time of year at which the
12 offense was committed, commits a Class 1 felony. Any person
13 convicted of a second or subsequent violation of unlawful
14 sale or delivery of firearms in violation of paragraph (a),
15 (b), or (i) of subsection (A) in any school, on the real
16 property comprising a school, within 1,000 feet of the real
17 property comprising a school, at a school related activity,
18 or on or within 1,000 feet of any conveyance owned, leased,
19 or contracted by a school or school district to transport
20 students to or from school or a school related activity,
21 regardless of the time of day or time of year at which the
22 offense was committed, commits a Class 1 felony for which
23 the sentence shall be a term of imprisonment of no less
24 than 5 years and no more than 15 years.
25 (5) Any person convicted of unlawful sale or delivery
26 of firearms in violation of paragraph (a) or (i) of

HB2592- 40 -LRB098 08846 RLC 38975 b
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, on
8 the real property comprising any public park, on the real
9 property comprising any courthouse, or on any public way
10 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.
15 (6) Any person convicted of unlawful sale or delivery
16 of firearms in violation of paragraph (j) of subsection (A)
17 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 (A)
21 commits a Class 4 felony. A third or subsequent conviction
22 for a violation of paragraph (k) of subsection (A) is a
23 Class 1 felony.
24 (8) A person 18 years of age or older convicted of
25 unlawful sale or delivery of firearms in violation of
26 paragraph (a) or (i) of subsection (A), when the firearm

HB2592- 41 -LRB098 08846 RLC 38975 b
1 that was sold or given to another person under 18 years of
2 age was used in the commission of or attempt to commit a
3 forcible felony, shall be fined or imprisoned, or both, not
4 to exceed the maximum provided for the most serious
5 forcible felony so committed or attempted by the person
6 under 18 years of age who was sold or given the firearm.
7 (9) Any person convicted of unlawful sale or delivery
8 of firearms in violation of paragraph (d) of subsection (A)
9 commits a Class 3 felony.
10 (10) Any person convicted of unlawful sale or delivery
11 of firearms in violation of paragraph (l) of subsection (A)
12 commits a Class 2 felony if the delivery is of one firearm.
13 Any person convicted of unlawful sale or delivery of
14 firearms in violation of paragraph (l) of subsection (A)
15 commits a Class 1 felony if the delivery is of not less
16 than 2 and not more than 5 firearms at the same time or
17 within a one year period. Any person convicted of unlawful
18 sale or delivery of firearms in violation of paragraph (l)
19 of subsection (A) commits a Class X felony for which he or
20 she shall be sentenced to a term of imprisonment of not
21 less than 6 years and not more than 30 years if the
22 delivery is of not less than 6 and not more than 10
23 firearms at the same time or within a 2 year period. Any
24 person convicted of unlawful sale or delivery of firearms
25 in violation of paragraph (l) of subsection (A) commits a
26 Class X felony for which he or she shall be sentenced to a

HB2592- 42 -LRB098 08846 RLC 38975 b
1 term of imprisonment of not less than 6 years and not more
2 than 40 years if the delivery is of not less than 11 and
3 not more than 20 firearms at the same time or within a 3
4 year period. Any person convicted of unlawful sale or
5 delivery of firearms in violation of paragraph (l) of
6 subsection (A) commits a Class X felony for which he or she
7 shall be sentenced to a term of imprisonment of not less
8 than 6 years and not more than 50 years if the delivery is
9 of not less than 21 and not more than 30 firearms at the
10 same time or within a 4 year period. Any person convicted
11 of unlawful sale or delivery of firearms in violation of
12 paragraph (l) of subsection (A) commits a Class X felony
13 for which he or she shall be sentenced to a term of
14 imprisonment of not less than 6 years and not more than 60
15 years if the delivery is of 31 or more firearms at the same
16 time or within a 5 year period.
17 (D) For purposes of this Section:
18 "School" means a public or private elementary or secondary
19school, community college, college, or university.
20 "School related activity" means any sporting, social,
21academic, or other activity for which students' attendance or
22participation is sponsored, organized, or funded in whole or in
23part by a school or school district.
24 (E) A prosecution for a violation of paragraph (k) of
25subsection (A) of this Section may be commenced within 6 years
26after the commission of the offense. A prosecution for a

HB2592- 43 -LRB098 08846 RLC 38975 b
1violation of this Section other than paragraph (g) of
2subsection (A) of this Section may be commenced within 5 years
3after the commission of the offense defined in the particular
4paragraph.
5(Source: P.A. 96-190, eff. 1-1-10; 97-227, eff. 1-1-12; 97-347,
6eff. 1-1-12; 97-813, eff. 7-13-12.)
7 (720 ILCS 5/24-3.1A new)
8 Sec. 24-3.1A. Unlawful private acquisition of firearms.
9 (a) It is unlawful for any person who is not a firearms
10dealer permittee under the Prevention of Gun Trafficking Act to
11acquire a firearm from another person who is not a firearms
12dealer permittee , without with complying with subsection (a-5)
13of Section 3 of the Firearm Owners Identification Card Act by
14conducting the transfer through a firearms dealer permittee.
15 (b) This section does not apply to the persons listed as
16exceptions in subsection (a-5) of section 3 of the firearm
17Owners Identification Card Act.
18 (c) A violation of this Section is a Class 4 felony for a
19first offense and a Class 3 felony for a second or subsequent
20offense.
21 (720 ILCS 5/24-3.5)
22 Sec. 24-3.5. Unlawful purchase of a firearm.
23 (a) For purposes of this Section, "firearms transaction
24record form" means a form:

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1 (1) executed by a transferee of a firearm stating: (i)
2 the transferee's name and address (including county or
3 similar political subdivision); (ii) whether the
4 transferee is a citizen of the United States; (iii) the
5 transferee's State of residence; and (iv) the date and
6 place of birth, height, weight, and race of the transferee;
7 and
8 (2) on which the transferee certifies that he or she is
9 not prohibited by federal law from transporting or shipping
10 a firearm in interstate or foreign commerce or receiving a
11 firearm that has been shipped or transported in interstate
12 or foreign commerce or possessing a firearm in or affecting
13 commerce.
14 (b) A person commits the offense of unlawful purchase of a
15firearm who knowingly purchases or attempts to purchase a
16firearm with the intent to deliver that firearm to another
17person who is prohibited by federal or State law from
18possessing a firearm.
19 (c) A person commits the offense of unlawful purchase of a
20firearm when he or she, in purchasing or attempting to purchase
21a firearm, intentionally provides false or misleading
22information on a United States Department of the Treasury,
23Bureau of Alcohol, Tobacco and Firearms firearms transaction
24record form.
25 (c-5) A person commits the offense of unlawful purchase of
26a firearm who knowingly purchases or attempts to purchase a

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1firearm with the intent to resell or transfer the firearm in
2violation of federal, State or local law.
3 (d) Exemption. It is not a violation of subsection (b) of
4this Section for a person to make a gift or loan of a firearm to
5a person who is not prohibited by federal or State law from
6possessing a firearm if the transfer of the firearm is made in
7accordance with Section 3 of the Firearm Owners Identification
8Card Act.
9 (e) Sentence.
10 (1) A person who commits the offense of unlawful
11 purchase of a firearm:
12 (A) is guilty of a Class 2 felony for purchasing or
13 attempting to purchase one firearm;
14 (B) is guilty of a Class 1 felony for purchasing or
15 attempting to purchase not less than 2 firearms and not
16 more than 5 firearms at the same time or within a one
17 year period;
18 (C) is guilty of a Class X felony for which the
19 offender shall be sentenced to a term of imprisonment
20 of not less than 9 years and not more than 40 years for
21 purchasing or attempting to purchase not less than 6
22 firearms at the same time or within a 2 year period.
23 (2) In addition to any other penalty that may be
24 imposed for a violation of this Section, the court may
25 sentence a person convicted of a violation of subsection
26 (c) of this Section to a fine not to exceed $250,000 for

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1 each violation.
2 (f) A prosecution for unlawful purchase of a firearm may be
3commenced within 6 years after the commission of the offense.
4(Source: P.A. 95-882, eff. 1-1-09.)
5 (720 ILCS 5/24-4.1 new)
6 Sec. 24-4.1. Report of lost or stolen firearms.
7 (a) If a person who possesses a firearm thereafter loses or
8misplaces the firearm, or if the firearm is stolen from the
9person, the person must report the loss or theft to the local
10law enforcement agency within 72 hours after when he or she
11knew or reasonably should have known of the loss or theft.
12 (b) Subsection (a) does not apply to the following persons:
13 (1) any federal law enforcement or corrections agency,
14 or federal law enforcement or corrections officer acting
15 within the course and scope of his or her employment or
16 official duties; or
17 (2) a United States Marshal or member of the Armed
18 Forces of the United States or the National Guard, or a
19 federal official, who is required to possess a firearm in
20 the operation of his or her official duties.
21 (c) It is unlawful for any person to report to the
22department that a firearm has been lost or stolen, knowing the
23report to be false.
24 (d) A person who violates subsection (a) of this Section is
25guilty of a petty offense for a first violation. A second or

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1subsequent violation of subsection (a) of this Section is a
2Class A misdemeanor. A violation of subsection (c) of this
3Section is a Class 2 felony.
4 Section 999. Effective date. This Act takes effect upon
5becoming law.