Sen. Kwame Raoul
Filed: 5/21/2013
 
 


 




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1
AMENDMENT TO SENATE BILL 851




2 AMENDMENT NO. ______. Amend Senate Bill 851 by replacing 
3everything after the enacting clause with the following:


4 "Section 5. The Firearm Owners Identification Card Act is 
5amended by changing Sections 3, 3.3, 8, 9 and adding Section 
69.5 as follows:

7 (430 ILCS 65/3) (from Ch. 38, par. 83-3)
8 Sec. 3. (a) Except as provided in Section 3a, no person may 
9knowingly
transfer, or cause to be transferred, any firearm, 
10firearm ammunition, stun gun, or taser to any person within 
11this State unless the
transferee with whom he deals displays a 
12currently valid Firearm Owner's
Identification Card which has 
13previously been issued in his name by the
Department of State 
14Police under the provisions of this Act. In addition,
all 
15firearm, stun gun, and taser transfers by federally licensed 
16firearm dealers are subject
to Section 3.1.
 
 
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1 (a-5) Any person who is not a federally licensed firearm 
2dealer and who desires to transfer or sell a firearm while that 
3person is on the grounds of a gun show must, before selling or 
4transferring the firearm, request the Department of State 
5Police to conduct a background check on the prospective 
6recipient of the firearm in accordance with Section 3.1.

7 (a-10) Any person who is not a federally licensed firearm 
8dealer and who desires to transfer or sell a firearm or 
9firearms to any person who is not a federally licensed firearm 
10dealer shall, before selling or transferring the firearms, 
11contact the Department of State Police with the purchaser's 
12Firearm Owner's Identification Card number to determine the 
13validity of the purchaser's Firearm Owner's Identification 
14Card. This subsection shall not be effective until January 1, 
152014. The Department of State Police may adopt rules concerning 
16the implementation of this subsection. The Department of State 
17Police shall provide the seller or transferor an approval 
18number if the purchaser's Firearm Owner's Identification Card 
19is valid. Approvals issued by the Department for the purchase 
20of a firearm pursuant to this subsection are valid for 30 days 
21from the date of issue.
22 (a-15) The provisions of subsection (a-10) of this Section 
23do not apply to:
24  (1) transfers that occur at the place of business of a 
25 federally licensed firearm dealer, if the federally 
26 licensed firearm dealer conducts a background check on the 
 
 
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1 prospective recipient of the firearm in accordance with 
2 Section 3.1 of this Act and follows all other applicable 
3 federal, State, and local laws as if he or she were the 
4 seller or transferor of the firearm, although the dealer is 
5 not required to accept the firearm into his or her 
6 inventory. The purchaser or transferee may be required by 
7 the federally licensed firearm dealer to pay a fee not to 
8 exceed $10 per firearm, which the dealer may retain as 
9 compensation for performing the functions required under 
10 this paragraph, plus the applicable fees authorized by 
11 Section 3.1;
12  (2) transfers as a bona fide gift to the transferor's 
13 husband, wife, son, daughter, stepson, stepdaughter, 
14 father, mother, stepfather, stepmother, brother, sister, 
15 nephew, niece, uncle, aunt, grandfather, grandmother, 
16 grandson, granddaughter, father-in-law, mother-in-law, 
17 son-in-law, or daughter-in-law;
18  (3) transfers by persons acting pursuant to operation 
19 of law or a court order;
20  (4) transfers on the grounds of a gun show under 
21 subsection (a-5) of this Section;
22  (5) the delivery of a firearm by its owner to a 
23 gunsmith for service or repair, the return of the firearm 
24 to its owner by the gunsmith, or the delivery of a firearm 
25 by a gunsmith to a federally licensed firearms dealer for 
26 service or repair and the return of the firearm to the 
 
 
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1 gunsmith;
2  (6) temporary transfers that occur while in the home of 
3 the unlicensed transferee, if the unlicensed transferee is 
4 not otherwise prohibited from possessing firearms and the 
5 unlicensed transferee reasonably believes that possession 
6 of the firearm is necessary to prevent imminent death or 
7 great bodily harm to the unlicensed transferee;
8  (7) transfers to a law enforcement or corrections 
9 agency or a law enforcement or corrections officer acting 
10 within the course and scope of his or her official duties;
11  (8) transfers of firearms that have been rendered 
12 permanently inoperable to a nonprofit historical society, 
13 museum, or institutional collection; and
14  (9) transfers to a person who is exempt from the 
15 requirement of possessing a Firearm Owner's Identification 
16 Card under Section 2 of this Act.
17 (a-20) The Department of State Police shall develop an 
18Internet-based system for individuals to determine the 
19validity of a Firearm Owner's Identification Card prior to the 
20sale or transfer of a firearm. The Department shall have the 
21Internet-based system completed and available for use by July 
221, 2015. The Department shall adopt rules not inconsistent with 
23this Section to implement this system.
24 (b) Any person within this State who transfers or causes to 
25be
transferred any firearm, stun gun, or taser shall keep a 
26record of such transfer for a period
of 10 years from the date 
 
 
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1of transfer. Such record shall contain the date
of the 
2transfer; the description, serial number or other information

3identifying the firearm, stun gun, or taser if no serial number 
4is available; and, if the
transfer was completed within this 
5State, the transferee's Firearm Owner's
Identification Card 
6number and any approval number or documentation provided by the 
7Department of State Police pursuant to subsection (a-10) of 
8this Section. On or after January 1, 2006, the record shall 
9contain the date of application for transfer of the firearm. On 
10demand of a peace officer such transferor
shall produce for 
11inspection such record of transfer. If the transfer or sale 
12took place at a gun show, the record shall include the unique 
13identification number. Failure to record the unique 
14identification number or approval number is a petty offense.

15 (b-5) Any resident may purchase ammunition from a person 
16within or outside of Illinois if shipment is by United States 
17mail or by a private express carrier authorized by federal law 
18to ship ammunition. Any resident purchasing ammunition within 
19or outside the State of Illinois must provide the seller with a 
20copy of his or her valid Firearm Owner's Identification Card 
21and either his or her Illinois driver's license or Illinois 
22State Identification Card prior to the shipment of the 
23ammunition. The ammunition may be shipped only to an address on 
24either of those 2 documents.
25 (c) The provisions of this Section regarding the transfer 
26of firearm
ammunition shall not apply to those persons 
 
 
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1specified in paragraph (b) of
Section 2 of this Act.
2(Source: P.A. 97-1135, eff. 12-4-12.)

3 (430 ILCS 65/3.3)

4 Sec. 3.3. Report to the local law enforcement agency. The 
5Department of
State Police must report the name and address
of 
6a person to the local law enforcement agency where the person 
7resides if the
person attempting to purchase a firearm is 
8disqualified from purchasing a
firearm because of information 
9obtained
under subsection (a-10) of Section 3 or Section 3.1 
10that would disqualify the person from obtaining a Firearm 
11Owner's Identification Card under any of subsections (c) 
12through (n) of Section 8 of this Act.


13(Source: P.A. 94-125, eff. 1-1-06.)



14 (430 ILCS 65/8) (from Ch. 38, par. 83-8)

15 (Text of Section before amendment by P.A. 97-1167)

16 Sec. 8. Grounds for denial and revocation.
17 The Department of State Police has authority to deny an

18application for or to revoke and seize a Firearm Owner's 
19Identification
Card previously issued under this Act only if 
20the Department finds that the
applicant or the person to whom 
21such card was issued is or was at the time
of issuance:

22  (a) A person under 21 years of age who has been 
23 convicted of a
misdemeanor other than a traffic offense or 
24 adjudged delinquent;

 
 
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1  (b) A person under 21 years of age who does not have 
2 the written consent
of his parent or guardian to acquire 
3 and possess firearms and firearm
ammunition, or whose 
4 parent or guardian has revoked such written consent,
or 
5 where such parent or guardian does not qualify to have a 
6 Firearm Owner's
Identification Card;

7  (c) A person convicted of a felony under the laws of 
8 this or any other
jurisdiction;

9  (d) A person addicted to narcotics;

10  (e) A person who has been a patient of a mental 
11 institution within the
past 5 years. An active law 
12 enforcement officer employed by a unit of government who is 
13 denied, revoked, or has his or her Firearm Owner's 
14 Identification Card seized under this subsection (e) may 
15 obtain relief as described in subsection (c-5) of Section 
16 10 of this Act if the officer did not act in a manner 
17 threatening to the officer, another person, or the public 
18 as determined by the treating clinical psychologist or 
19 physician, and the officer seeks mental health treatment or 
20 has been adjudicated as a mental defective;

21  (f) A person whose mental condition is of such a nature 
22 that it poses
a clear and present danger to the applicant, 
23 any other person or persons or
the community;

24  For the purposes of this Section, "mental condition" 
25 means a state of
mind manifested by violent, suicidal, 
26 threatening or assaultive behavior.

 
 
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1  (g) A person who is intellectually disabled;

2  (h) A person who intentionally makes a false statement 
3 in the Firearm
Owner's Identification Card application;

4  (i) An alien who is unlawfully present in
the United 
5 States under the laws of the United States;

6  (i-5) An alien who has been admitted to the United 
7 States under a
non-immigrant visa (as that term is defined 
8 in Section 101(a)(26) of the
Immigration and Nationality 
9 Act (8 U.S.C. 1101(a)(26))), except that this
subsection 
10 (i-5) does not apply to any alien who has been lawfully 
11 admitted to
the United States under a non-immigrant visa if 
12 that alien is:


13  (1) admitted to the United States for lawful hunting or 
14 sporting purposes;


15  (2) an official representative of a foreign government 
16 who is:


17   (A) accredited to the United States Government or 
18 the Government's
mission to an international 
19 organization having its headquarters in the United

20 States; or


21   (B) en route to or from another country to which 
22 that alien is
accredited;


23  (3) an official of a foreign government or 
24 distinguished foreign visitor
who has been so 
25 designated by the Department of State;


26  (4) a foreign law enforcement officer of a friendly 
 
 
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1 foreign government
entering the United States on 
2 official business; or


3  (5) one who has received a waiver from the Attorney 
4 General of the United
States pursuant to 18 U.S.C. 
5 922(y)(3);

6  (j) (Blank);

7  (k) A person who has been convicted within the past 5 
8 years of battery,
assault, aggravated assault, violation 
9 of an order of protection, or a
substantially similar 
10 offense in another jurisdiction, in which a firearm was

11 used or possessed;

12  (l) A person who has been convicted of domestic 
13 battery, aggravated domestic battery, or a substantially

14 similar offense in another jurisdiction committed before, 
15 on or after January 1, 2012 (the effective date of Public 
16 Act 97-158). If the applicant or person who has been 
17 previously issued a Firearm Owner's Identification Card 
18 under this Act knowingly and intelligently waives the right 
19 to have an offense described in this paragraph (l) tried by 
20 a jury, and by guilty plea or otherwise, results in a 
21 conviction for an offense in which a domestic relationship 
22 is not a required element of the offense but in which a 
23 determination of the applicability of 18 U.S.C. 922(g)(9) 
24 is made under Section 112A-11.1 of the Code of Criminal 
25 Procedure of 1963, an entry by the court of a judgment of 
26 conviction for that offense shall be grounds for denying an 
 
 
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1 application for and for revoking and seizing a Firearm 
2 Owner's Identification Card previously issued to the 
3 person under this Act;

4  (m) (Blank);

5  (n) A person who is prohibited from acquiring or 
6 possessing
firearms or firearm ammunition by any Illinois 
7 State statute or by federal
law;

8  (o) A minor subject to a petition filed under Section 
9 5-520 of the
Juvenile Court Act of 1987 alleging that the 
10 minor is a delinquent minor for
the commission of an 
11 offense that if committed by an adult would be a felony;


12  (p) An adult who had been adjudicated a delinquent 
13 minor under the Juvenile
Court Act of 1987 for the 
14 commission of an offense that if committed by an
adult 
15 would be a felony; or

16  (q) A person who is not a resident of the State of 
17 Illinois, except as provided in subsection (a-10) of 
18 Section 4. 
19 The Department of State Police may revoke and seize a 
20Firearm Owner's Identification
Card previously issued under 
21this Act of a person who receives a second conviction for 
22violating Section 24-4.1 of the Criminal Code of 2012.

23(Source: P.A. 96-701, eff. 1-1-10; 97-158, eff. 1-1-12; 97-227, 
24eff. 1-1-12; 97-813, eff. 7-13-12; 97-1131, eff. 1-1-13.)


25 (Text of Section after amendment by P.A. 97-1167)
 
 
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1 Sec. 8. Grounds for denial and revocation.
2 The Department of State Police has authority to deny an

3application for or to revoke and seize a Firearm Owner's 
4Identification
Card previously issued under this Act only if 
5the Department finds that the
applicant or the person to whom 
6such card was issued is or was at the time
of issuance:

7  (a) A person under 21 years of age who has been 
8 convicted of a
misdemeanor other than a traffic offense or 
9 adjudged delinquent;

10  (b) A person under 21 years of age who does not have 
11 the written consent
of his parent or guardian to acquire 
12 and possess firearms and firearm
ammunition, or whose 
13 parent or guardian has revoked such written consent,
or 
14 where such parent or guardian does not qualify to have a 
15 Firearm Owner's
Identification Card;

16  (c) A person convicted of a felony under the laws of 
17 this or any other
jurisdiction;

18  (d) A person addicted to narcotics;

19  (e) A person who has been a patient of a mental 
20 institution within the
past 5 years. An active law 
21 enforcement officer employed by a unit of government who is 
22 denied, revoked, or has his or her Firearm Owner's 
23 Identification Card seized under this subsection (e) may 
24 obtain relief as described in subsection (c-5) of Section 
25 10 of this Act if the officer did not act in a manner 
26 threatening to the officer, another person, or the public 
 
 
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1 as determined by the treating clinical psychologist or 
2 physician, and the officer seeks mental health treatment;

3  (f) A person whose mental condition is of such a nature 
4 that it poses
a clear and present danger to the applicant, 
5 any other person or persons or
the community;

6  For the purposes of this Section, "mental condition" 
7 means a state of
mind manifested by violent, suicidal, 
8 threatening or assaultive behavior.

9  (g) A person who is intellectually disabled;

10  (h) A person who intentionally makes a false statement 
11 in the Firearm
Owner's Identification Card application;

12  (i) An alien who is unlawfully present in
the United 
13 States under the laws of the United States;

14  (i-5) An alien who has been admitted to the United 
15 States under a
non-immigrant visa (as that term is defined 
16 in Section 101(a)(26) of the
Immigration and Nationality 
17 Act (8 U.S.C. 1101(a)(26))), except that this
subsection 
18 (i-5) does not apply to any alien who has been lawfully 
19 admitted to
the United States under a non-immigrant visa if 
20 that alien is:


21  (1) admitted to the United States for lawful hunting or 
22 sporting purposes;


23  (2) an official representative of a foreign government 
24 who is:


25   (A) accredited to the United States Government or 
26 the Government's
mission to an international 
 
 
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1 organization having its headquarters in the United

2 States; or


3   (B) en route to or from another country to which 
4 that alien is
accredited;


5  (3) an official of a foreign government or 
6 distinguished foreign visitor
who has been so 
7 designated by the Department of State;


8  (4) a foreign law enforcement officer of a friendly 
9 foreign government
entering the United States on 
10 official business; or


11  (5) one who has received a waiver from the Attorney 
12 General of the United
States pursuant to 18 U.S.C. 
13 922(y)(3);

14  (j) (Blank);

15  (k) A person who has been convicted within the past 5 
16 years of battery,
assault, aggravated assault, violation 
17 of an order of protection, or a
substantially similar 
18 offense in another jurisdiction, in which a firearm was

19 used or possessed;

20  (l) A person who has been convicted of domestic 
21 battery, aggravated domestic battery, or a substantially

22 similar offense in another jurisdiction committed before, 
23 on or after January 1, 2012 (the effective date of Public 
24 Act 97-158). If the applicant or person who has been 
25 previously issued a Firearm Owner's Identification Card 
26 under this Act knowingly and intelligently waives the right 
 
 
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1 to have an offense described in this paragraph (l) tried by 
2 a jury, and by guilty plea or otherwise, results in a 
3 conviction for an offense in which a domestic relationship 
4 is not a required element of the offense but in which a 
5 determination of the applicability of 18 U.S.C. 922(g)(9) 
6 is made under Section 112A-11.1 of the Code of Criminal 
7 Procedure of 1963, an entry by the court of a judgment of 
8 conviction for that offense shall be grounds for denying an 
9 application for and for revoking and seizing a Firearm 
10 Owner's Identification Card previously issued to the 
11 person under this Act;

12  (m) (Blank);

13  (n) A person who is prohibited from acquiring or 
14 possessing
firearms or firearm ammunition by any Illinois 
15 State statute or by federal
law;

16  (o) A minor subject to a petition filed under Section 
17 5-520 of the
Juvenile Court Act of 1987 alleging that the 
18 minor is a delinquent minor for
the commission of an 
19 offense that if committed by an adult would be a felony;


20  (p) An adult who had been adjudicated a delinquent 
21 minor under the Juvenile
Court Act of 1987 for the 
22 commission of an offense that if committed by an
adult 
23 would be a felony;

24  (q) A person who is not a resident of the State of 
25 Illinois, except as provided in subsection (a-10) of 
26 Section 4; or 
 
 
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1  (r) A person who has been adjudicated as a mental 
2 defective. 
3 The Department of State Police may revoke and seize a 
4Firearm Owner's Identification
Card previously issued under 
5this Act of a person who receives a second conviction for 
6violating Section 24-4.1 of the Criminal Code of 2012.

7(Source: P.A. 96-701, eff. 1-1-10; 97-158, eff. 1-1-12; 97-227, 
8eff. 1-1-12; 97-813, eff. 7-13-12; 97-1131, eff. 1-1-13; 
997-1167, eff. 6-1-13.)





10 (430 ILCS 65/9) (from Ch. 38, par. 83-9)



11 Sec. 9. Notice of denial or revocation.  
12 Every person whose application for a Firearm Owner's 
13Identification
Card is denied, and every holder of such a Card 
14whose Card is revoked
or seized, shall receive a written notice 
15from the Department of State
Police stating specifically the 
16grounds upon which
his application has
been denied or upon 
17which his Identification Card has been revoked. The written 
18notice shall include the requirements of Section 9.5 of this 
19Act. A copy of the written notice shall be provided to the 
20sheriff and law enforcement agency where the person resides.

21(Source: P.A. 97-1131, eff. 1-1-13.)


22 (430 ILCS 65/9.5 new)
23 Sec. 9.5. Revocation of Firearm Owner's Identification

24Card.
 
 
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1 (a) A person who receives a revocation notice under Section 
29 of this Act shall, within 48 hours of receiving notice of the 
3revocation:
4  (1) surrender his or her Firearm Owner's 
5 Identification Card to the local law enforcement agency 
6 where the person resides. The local law enforcement agency 
7 shall provide the person a receipt and transmit the Firearm 
8 Owner's Identification Card to the Department of State 
9 Police; and
10  (2) complete a Firearm Disposition Record on a form 
11 prescribed by the Department of State Police and place his 
12 or her firearm in the location or with the person reported 
13 in the Firearm Disposition Record. The form shall require 
14 the person to disclose:
15   (A) the make, model, and serial number of all 
16 firearms owned by or under the custody and control of 
17 the revoked person;
18   (B) the location where the firearms will be 
19 maintained during the prohibited term; and
20   (C) if the firearms will be transferred to the 
21 custody of another person, the name, address and 
22 Identification number of the transferee.
23 (b) The local law enforcement agency shall provide a copy 
24of the Firearm Disposition Record to the person whose Firearm 
25Owner's Identification Card has been revoked and to the 
26Department of State Police.
 
 
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1 (c) If the person whose Firearm Owner's Identification Card 
2has been revoked fails to comply with the requirements of this 
3Section, the sheriff or law enforcement agency where the person 
4resides may petition the circuit court to issue a warrant to 
5search for and seize the Firearm Owner's Identification Card 
6and firearms in the possession and under the custody or control 
7of the person whose Firearm Owner's Identification Card has 
8been revoked.
9 (d) A violation of this Section is a Class A misdemeanor.
10 (e) The observation of an Firearm Owner's Identification 
11Card in the possession of a person whose Firearm Owner's 
12Identification Card has been revoked constitutes a sufficient 
13basis for the arrest of that person for violation of this 
14Section.
15 (f) Within 60 days after the effective date of this 
16amendatory Act of the 98th General Assembly, the Department of 
17State Police shall provide written notice of the requirements 
18of this Section to persons whose Firearm Owner's Identification 
19Cards have not expired and who have failed to surrender their 
20cards to the Department.
21 (g) Persons whose Firearm Owner's Identification Cards 
22have been revoked and who receive notice under subsection (f) 
23shall comply with the requirements of this Section within 48 
24hours of receiving notice. 

25 Section 10. The Criminal Code of 2012 is amended by 
 
 
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1changing Section 24-3 and adding Section 24-4.1 as follows:



2 (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)


3 (Text of Section before amendment by P.A. 97-1167)

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

5 (A) A person commits the offense of unlawful sale or 
6delivery of firearms when he
or she knowingly does any of the 
7following:


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


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


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


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


18  (e) Sells or gives any firearm to any person who has 
19 been a patient in a
mental hospital within the past 5 
20 years.


21  (f) Sells or gives any firearms to any person who is 
22 intellectually disabled.


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

2 delivers any rifle, shotgun or other long gun, or a stun 
3 gun or taser, incidental to a sale,
without withholding 
4 delivery of such rifle, shotgun or other long gun, or a 
5 stun gun or taser for
at least 24 hours after application 
6 for its purchase has been made.
However,
this paragraph (g) 
7 does not apply to: (1) the sale of a firearm
to a law 
8 enforcement officer if the seller of the firearm knows that 
9 the person to whom he or she is selling the firearm is a 
10 law enforcement officer or the sale of a firearm to a 
11 person who desires to purchase a firearm for
use in 
12 promoting the public interest incident to his or her 
13 employment as a
bank guard, armed truck guard, or other 
14 similar employment; (2) a mail
order sale of a firearm to a 
15 nonresident of Illinois under which the firearm
is mailed 
16 to a point outside the boundaries of Illinois; (3) the sale

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



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

8 "handgun" is defined as a firearm designed to be held
and 
9 fired by the use of a single hand, and includes a 
10 combination of parts from
which such a firearm can be 
11 assembled.


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


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


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

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


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

10  (k) Sells or transfers ownership of a firearm to a 
11 person who does not display to the seller or transferor of 
12 the firearm a currently valid Firearm Owner's 
13 Identification Card that has previously been issued in the 
14 transferee's name by the Department of State Police under 
15 the provisions of the Firearm Owners Identification Card 
16 Act. This paragraph (k) does not apply to the transfer of a 
17 firearm to a person who is exempt from the requirement of 
18 possessing a Firearm Owner's Identification Card under 
19 Section 2 of the Firearm Owners Identification Card Act. 
20 For the purposes of this Section, a currently valid Firearm 
21 Owner's Identification Card means (i) a Firearm Owner's 
22 Identification Card that has not expired or (ii) if the 
23 transferor is licensed as a federal firearms dealer under 
24 Section 923 of the federal Gun Control Act of 1968 (18 
25 U.S.C. 923), an approval number issued in accordance with 
26 subsection (a-10) of Section 3 or Section 3.1 of the 
 
 
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1 Firearm Owners Identification Card Act shall be proof that 
2 the Firearm Owner's Identification Card was valid.
3   (1) In addition to the other requirements of this 
4 paragraph (k), all persons who are not federally 
5 licensed firearms dealers must also have complied with 
6 subsection (a-10) of Section 3 of the Firearms Owners 
7 Identification Card Act by determining the validity of 
8 a purchaser's Firearms Owner's Identification Card.
9   (2) All sellers or transferors who have complied 
10 with the requirements of subparagraph (1) of this 
11 paragraph (k) shall not be liable for damages in any 
12 civil action arising from the use or misuse by the 
13 transferee of the firearm transferred, except for 
14 willful or wanton misconduct on the part of the seller 
15 or transferor. 
16  (l) Not
being entitled to the possession of a firearm, 
17 delivers the
firearm, knowing it to have been stolen or 
18 converted. It may be inferred that
a person who possesses a 
19 firearm with knowledge that its serial number has
been 
20 removed or altered has knowledge that the firearm is stolen 
21 or converted. 
22 (B) Paragraph (h) of subsection (A) does not include 
23firearms sold within 6
months after enactment of Public
Act 
2478-355 (approved August 21, 1973, effective October 1, 1973), 
25nor is any
firearm legally owned or
possessed by any citizen or 
26purchased by any citizen within 6 months after the
enactment of 
 
 
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1Public Act 78-355 subject
to confiscation or seizure under the 
2provisions of that Public Act. Nothing in
Public Act 78-355 
3shall be construed to prohibit the gift or trade of
any firearm 
4if that firearm was legally held or acquired within 6 months 
5after
the enactment of that Public Act.

6 (C) Sentence.


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


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


13  (3) Any person convicted of unlawful sale or delivery 
14 of firearms in violation of
paragraph (a) of subsection (A) 
15 commits a Class 2 felony.


16  (4) Any person convicted of unlawful sale or delivery 
17 of firearms in violation of
paragraph (a), (b), or (i) of 
18 subsection (A) in any school, on the real
property 
19 comprising a school, within 1,000 feet of the real property 
20 comprising
a school, at a school related activity, or on or 
21 within 1,000 feet of any
conveyance owned, leased, or 
22 contracted by a school or school district to
transport 
23 students to or from school or a school related activity,

24 regardless of the time of day or time of year at which the 
25 offense
was committed, commits a Class 1 felony. Any person 
26 convicted of a second
or subsequent violation of unlawful 
 
 
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1 sale or delivery of firearms in violation of paragraph
(a), 
2 (b), or (i) of subsection (A) in any school, on the real 
3 property
comprising a school, within 1,000 feet of the real 
4 property comprising a
school, at a school related activity, 
5 or on or within 1,000 feet of any
conveyance owned, leased, 
6 or contracted by a school or school district to
transport 
7 students to or from school or a school related activity,

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


12  (5) Any person convicted of unlawful sale or delivery 
13 of firearms in violation of
paragraph (a) or (i) of 
14 subsection (A) in residential property owned,
operated, or 
15 managed by a public housing agency or leased by a public 
16 housing
agency as part of a scattered site or mixed-income 
17 development, in a public
park, in a
courthouse, on 
18 residential property owned, operated, or managed by a 
19 public
housing agency or leased by a public housing agency 
20 as part of a scattered site
or mixed-income development, on 
21 the real property comprising any public park,
on the real

22 property comprising any courthouse, or on any public way 
23 within 1,000 feet
of the real property comprising any 
24 public park, courthouse, or residential
property owned, 
25 operated, or managed by a public housing agency or leased 
26 by a
public housing agency as part of a scattered site or 
 
 
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1 mixed-income development
commits a
Class 2 felony.


2  (6) Any person convicted of unlawful sale or delivery 
3 of firearms in violation of
paragraph (j) of subsection (A) 
4 commits a Class A misdemeanor. A second or
subsequent 
5 violation is a Class 4 felony.
6  (7) Any person convicted of unlawful sale or delivery 
7 of firearms in violation of paragraph (k) of subsection (A) 
8 commits a Class 4 felony, except that a violation of 
9 subparagraph (1) of paragraph (k) of subsection (A) shall 
10 not be punishable as a crime or petty offense. A third or 
11 subsequent conviction for a violation of paragraph (k) of 
12 subsection (A) is a Class 1 felony.


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

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

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

7 "School" means a public or private elementary or secondary 
8school,
community college, college, or university.

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

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

20(Source: P.A. 96-190, eff. 1-1-10; 97-227, eff. 1-1-12; 97-347, 
21eff. 1-1-12; 97-813, eff. 7-13-12.)


22 (Text of Section after amendment by P.A. 97-1167)

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

24 (A) A person commits the offense of unlawful sale or 
25delivery of firearms when he
or she knowingly does any of the 
 
 
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1following:


2  (a) Sells or gives any firearm of a size which may be 
3 concealed upon the
person to any person under 18 years of 
4 age.


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


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


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


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


26  (f) Sells or gives any firearms to any person who is 
 
 
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1 intellectually disabled.


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

6 delivers any rifle, shotgun or other long gun, or a stun 
7 gun or taser, incidental to a sale,
without withholding 
8 delivery of such rifle, shotgun or other long gun, or a 
9 stun gun or taser for
at least 24 hours after application 
10 for its purchase has been made.
However,
this paragraph (g) 
11 does not apply to: (1) the sale of a firearm
to a law 
12 enforcement officer if the seller of the firearm knows that 
13 the person to whom he or she is selling the firearm is a 
14 law enforcement officer or the sale of a firearm to a 
15 person who desires to purchase a firearm for
use in 
16 promoting the public interest incident to his or her 
17 employment as a
bank guard, armed truck guard, or other 
18 similar employment; (2) a mail
order sale of a firearm to a 
19 nonresident of Illinois under which the firearm
is mailed 
20 to a point outside the boundaries of Illinois; (3) the sale

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



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

12 "handgun" is defined as a firearm designed to be held
and 
13 fired by the use of a single hand, and includes a 
14 combination of parts from
which such a firearm can be 
15 assembled.


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


19  (j) Sells or gives a firearm while engaged in the 
20 business of selling
firearms at wholesale or retail without 
21 being licensed as a federal firearms
dealer under Section 
22 923 of the federal Gun Control Act of 1968 (18 U.S.C.
923). 
23 In this paragraph (j):


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

 
 
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1 principal objective of livelihood and profit, but does not 
2 include a person who
makes occasional repairs of firearms 
3 or who occasionally fits special barrels,
stocks, or 
4 trigger mechanisms to firearms.


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

14  (k) Sells or transfers ownership of a firearm to a 
15 person who does not display to the seller or transferor of 
16 the firearm a currently valid Firearm Owner's 
17 Identification Card that has previously been issued in the 
18 transferee's name by the Department of State Police under 
19 the provisions of the Firearm Owners Identification Card 
20 Act. This paragraph (k) does not apply to the transfer of a 
21 firearm to a person who is exempt from the requirement of 
22 possessing a Firearm Owner's Identification Card under 
23 Section 2 of the Firearm Owners Identification Card Act. 
24 For the purposes of this Section, a currently valid Firearm 
25 Owner's Identification Card means (i) a Firearm Owner's 
26 Identification Card that has not expired or (ii) if the 
 
 
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1 transferor is licensed as a federal firearms dealer under 
2 Section 923 of the federal Gun Control Act of 1968 (18 
3 U.S.C. 923), an approval number issued in accordance with 
4 subsection (a-10) of subsection 3 or Section 3.1 of the 
5 Firearm Owners Identification Card Act shall be proof that 
6 the Firearm Owner's Identification Card was valid.
7   (1) In addition to the other requirements of this 
8 paragraph (k), all persons who are not federally 
9 licensed firearms dealers must also have complied with 
10 subsection (a-10) of Section 3 of the Firearms Owners 
11 Identification Card Act by determining the validity of 
12 a purchaser's Firearms Owner's Identification Card.
13   (2) All sellers or transferors who have complied 
14 with the requirements of subparagraph (1) of this 
15 paragraph (k) shall not be liable for damages in any 
16 civil action arising from the use or misuse by the 
17 transferee of the firearm transferred, except for 
18 willful or wanton misconduct on the part of the seller 
19 or transferor. 
20  (l) Not
being entitled to the possession of a firearm, 
21 delivers the
firearm, knowing it to have been stolen or 
22 converted. It may be inferred that
a person who possesses a 
23 firearm with knowledge that its serial number has
been 
24 removed or altered has knowledge that the firearm is stolen 
25 or converted. 
26 (B) Paragraph (h) of subsection (A) does not include 
 
 
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1firearms sold within 6
months after enactment of Public
Act 
278-355 (approved August 21, 1973, effective October 1, 1973), 
3nor is any
firearm legally owned or
possessed by any citizen or 
4purchased by any citizen within 6 months after the
enactment of 
5Public Act 78-355 subject
to confiscation or seizure under the 
6provisions of that Public Act. Nothing in
Public Act 78-355 
7shall be construed to prohibit the gift or trade of
any firearm 
8if that firearm was legally held or acquired within 6 months 
9after
the enactment of that Public Act.

10 (C) Sentence.


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


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


17  (3) Any person convicted of unlawful sale or delivery 
18 of firearms in violation of
paragraph (a) of subsection (A) 
19 commits a Class 2 felony.


20  (4) Any person convicted of unlawful sale or delivery 
21 of firearms in violation of
paragraph (a), (b), or (i) of 
22 subsection (A) in any school, on the real
property 
23 comprising a school, within 1,000 feet of the real property 
24 comprising
a school, at a school related activity, or on or 
25 within 1,000 feet of any
conveyance owned, leased, or 
26 contracted by a school or school district to
transport 
 
 
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1 students to or from school or a school related activity,

2 regardless of the time of day or time of year at which the 
3 offense
was committed, commits a Class 1 felony. Any person 
4 convicted of a second
or subsequent violation of unlawful 
5 sale or delivery of firearms in violation of paragraph
(a), 
6 (b), or (i) of subsection (A) in any school, on the real 
7 property
comprising a school, within 1,000 feet of the real 
8 property comprising a
school, at a school related activity, 
9 or on or within 1,000 feet of any
conveyance owned, leased, 
10 or contracted by a school or school district to
transport 
11 students to or from school or a school related activity,

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


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

26 property comprising any courthouse, or on any public way 
 
 
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1 within 1,000 feet
of the real property comprising any 
2 public park, courthouse, or residential
property owned, 
3 operated, or managed by a public housing agency or leased 
4 by a
public housing agency as part of a scattered site or 
5 mixed-income development
commits a
Class 2 felony.


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


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

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

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

11 "School" means a public or private elementary or secondary 
12school,
community college, college, or university.

13 "School related activity" means any sporting, social, 
14academic, or
other activity for which students' attendance or 
15participation is sponsored,
organized, or funded in whole or in 
16part by a school or school district.

17 (E) A prosecution for a violation of paragraph (k) of 
18subsection (A) of this Section may be commenced within 6 years 
19after the commission of the offense. A prosecution for a 
20violation of this Section other than paragraph (g) of 
21subsection (A) of this Section may be commenced within 5 years 
22after the commission of the offense defined in the particular 
23paragraph.

24(Source: P.A. 96-190, eff. 1-1-10; 97-227, eff. 1-1-12; 97-347, 
25eff. 1-1-12; 97-813, eff. 7-13-12; 97-1167, eff. 6-1-13.)


 
 
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1 (720 ILCS 5/24-4.1 new)

2 Sec. 24-4.1. Report of lost or stolen firearms.

3 (a) If a person who possesses a valid Firearm Owner's 
4Identification Card and who possesses or acquires a firearm 
5thereafter loses the firearm, or if the firearm is stolen from 
6the person, the person must report the loss or theft to the 
7local law enforcement agency within 72 hours after obtaining 
8knowledge of the loss or theft.
9 (b) A law enforcement agency having jurisdiction shall take 
10a written report and shall, as soon as practical, enter the 
11firearm's serial number as stolen into the Law Enforcement 
12Agencies Data System (LEADS).
13 (c) A person shall not be in violation of this Section if:
14  (1) the failure to report is due to an act of God, act 
15 of war, or inability of a law enforcement agency to receive 
16 the report;
17  (2) the person is hospitalized, in a coma, or is 
18 otherwise seriously physically or mentally impaired as to 
19 prevent the person from reporting; or
20  (3) the person's designee makes a report if the person 
21 is unable to make the report. 
22 (d) Sentence. A person who violates this Section is guilty 
23of a petty offense for a first violation. A second or 
24subsequent violation of this Section is a Class A misdemeanor.

25 Section 95. No acceleration or delay. Where this Act makes 
 
 
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1changes in a statute that is represented in this Act by text 
2that is not yet or no longer in effect (for example, a Section 
3represented by multiple versions), the use of that text does 
4not accelerate or delay the taking effect of (i) the changes 
5made by this Act or (ii) provisions derived from any other 
6Public Act.

7 Section 99. Effective date. This Act takes effect upon 
8becoming law.".