Bill Text: IL HB0019 | 2025-2026 | 104th General Assembly | Introduced

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Bill Title: Amends the Firearm Owners Identification Card Act. Requires a person to have a currently valid Firearm Owner's Identification Card issued in his or her own name by the Illinois State Police in order to acquire or possess a flamethrower. Exempts certain military, law enforcement, and other specified persons. Defines flamethrower. Amends the Criminal Code of 2012. Provides that it is a Class 4 felony to deliver a flamethrower to a person, incidental to a sale, without withholding delivery of the flamethrower for at least 72 hours after application for its purchase has been made.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2025-01-09 - Referred to Rules Committee [HB0019 Detail]

Download: Illinois-2025-HB0019-Introduced.html

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104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB0019 Introduced , by Rep. Daniel Didech SYNOPSIS AS INTRODUCED:
430 ILCS 65/Act title
430 ILCS 65/1 from Ch. 38, par. 83-1
430 ILCS 65/1.1
430 ILCS 65/2 from Ch. 38, par. 83-2
430 ILCS 65/3 from Ch. 38, par. 83-3
430 ILCS 65/3.1 from Ch. 38, par. 83-3.1
720 ILCS 5/24-3 from Ch. 38, par. 24-3
Amends the Firearm Owners Identification Card Act. Requires a person to have a currently valid Firearm Owner's Identification Card issued in his or her own name by the Illinois State Police in order to acquire or possess a flamethrower. Exempts certain military, law enforcement, and other specified persons. Defines flamethrower. Amends the Criminal Code of 2012. Provides that it is a Class 4 felony to deliver a flamethrower to a person, incidental to a sale, without withholding delivery of the flamethrower for at least 72 hours after application for its purchase has been made.
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A BILL FOR
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AN ACT concerning safety.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Firearm Owners Identification Card Act is
amended by changing the title of the Act and Sections 1, 1.1,
2, 3, and 3.1 as follows:
(430 ILCS 65/Act title)
An Act relating to the acquisition, possession and
transfer of firearms, firearm ammunition, stun guns, and
tasers, and flamethrowers to provide a penalty for the
violation thereof and to make an appropriation in connection
therewith.
(430 ILCS 65/1) (from Ch. 38, par. 83-1)
Sec. 1. It is hereby declared as a matter of legislative
determination that in order to promote and protect the health,
safety and welfare of the public, it is necessary and in the
public interest to provide a system of identifying persons who
are not qualified to acquire or possess firearms, firearm
ammunition, stun guns, and tasers, and flamethrowers within
the State of Illinois by the establishment of a system of
Firearm Owner's Identification Cards, thereby establishing a
practical and workable system by which law enforcement

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authorities will be afforded an opportunity to identify those
persons who are prohibited by Section 24-3.1 of the Criminal
Code of 2012, from acquiring or possessing firearms and
firearm ammunition and who are prohibited by this Act from
acquiring stun guns, and tasers, and flamethrowers.
(Source: P.A. 97-1150, eff. 1-25-13.)
(430 ILCS 65/1.1)
Sec. 1.1. For purposes of this Act:
"Addicted to narcotics" means a person who has been:
(1) convicted of an offense involving the use or
possession of cannabis, a controlled substance, or
methamphetamine within the past year; or
(2) determined by the Illinois State Police to be
addicted to narcotics based upon federal law or federal
guidelines.
"Addicted to narcotics" does not include possession or use
of a prescribed controlled substance under the direction and
authority of a physician or other person authorized to
prescribe the controlled substance when the controlled
substance is used in the prescribed manner.
"Adjudicated as a person with a mental disability" means
the person is the subject of a determination by a court, board,
commission or other lawful authority that the person, as a
result of marked subnormal intelligence, or mental illness,
mental impairment, incompetency, condition, or disease:

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(1) presents a clear and present danger to himself,
herself, or to others;
(2) lacks the mental capacity to manage his or her own
affairs or is adjudicated a person with a disability as
defined in Section 11a-2 of the Probate Act of 1975;
(3) is not guilty in a criminal case by reason of
insanity, mental disease or defect;
(3.5) is guilty but mentally ill, as provided in
Section 5-2-6 of the Unified Code of Corrections;
(4) is incompetent to stand trial in a criminal case;
(5) is not guilty by reason of lack of mental
responsibility under Articles 50a and 72b of the Uniform
Code of Military Justice, 10 U.S.C. 850a, 876b;
(6) is a sexually violent person under subsection (f)
of Section 5 of the Sexually Violent Persons Commitment
Act;
(7) is a sexually dangerous person under the Sexually
Dangerous Persons Act;
(8) is unfit to stand trial under the Juvenile Court
Act of 1987;
(9) is not guilty by reason of insanity under the
Juvenile Court Act of 1987;
(10) is subject to involuntary admission as an
inpatient as defined in Section 1-119 of the Mental Health
and Developmental Disabilities Code;
(11) is subject to involuntary admission as an

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outpatient as defined in Section 1-119.1 of the Mental
Health and Developmental Disabilities Code;
(12) is subject to judicial admission as set forth in
Section 4-500 of the Mental Health and Developmental
Disabilities Code; or
(13) is subject to the provisions of the Interstate
Agreements on Sexually Dangerous Persons Act.
"Clear and present danger" means a person who:
(1) communicates a serious threat of physical violence
against a reasonably identifiable victim or poses a clear
and imminent risk of serious physical injury to himself,
herself, or another person as determined by a physician,
clinical psychologist, or qualified examiner; or
(2) demonstrates threatening physical or verbal
behavior, such as violent, suicidal, or assaultive
threats, actions, or other behavior, as determined by a
physician, clinical psychologist, qualified examiner,
school administrator, or law enforcement official.
"Clinical psychologist" has the meaning provided in
Section 1-103 of the Mental Health and Developmental
Disabilities Code.
"Controlled substance" means a controlled substance or
controlled substance analog as defined in the Illinois
Controlled Substances Act.
"Counterfeit" means to copy or imitate, without legal
authority, with intent to deceive.

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"Developmental disability" means a severe, chronic
disability of an individual that:
(1) is attributable to a mental or physical impairment
or combination of mental and physical impairments;
(2) is manifested before the individual attains age
22;
(3) is likely to continue indefinitely;
(4) results in substantial functional limitations in 3
or more of the following areas of major life activity:
(A) Self-care.
(B) Receptive and expressive language.
(C) Learning.
(D) Mobility.
(E) Self-direction.
(F) Capacity for independent living.
(G) Economic self-sufficiency; and
(5) reflects the individual's need for a combination
and sequence of special, interdisciplinary, or generic
services, individualized supports, or other forms of
assistance that are of lifelong or extended duration and
are individually planned and coordinated.
"Federally licensed firearm dealer" means a person who is
licensed as a federal firearms dealer under Section 923 of the
federal Gun Control Act of 1968 (18 U.S.C. 923).
"Firearm" means any device, by whatever name known, which
is designed to expel a projectile or projectiles by the action

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of an explosion, expansion of gas or escape of gas; excluding,
however:
(1) any pneumatic gun, spring gun, paint ball gun, or
B-B gun which expels a single globular projectile not
exceeding .18 inch in diameter or which has a maximum
muzzle velocity of less than 700 feet per second;
(1.1) any pneumatic gun, spring gun, paint ball gun,
or B-B gun which expels breakable paint balls containing
washable marking colors;
(2) any device used exclusively for signaling or
safety and required or recommended by the United States
Coast Guard or the Interstate Commerce Commission;
(3) any device used exclusively for the firing of stud
cartridges, explosive rivets or similar industrial
ammunition; and
(4) an antique firearm (other than a machine-gun)
which, although designed as a weapon, the Illinois State
Police finds by reason of the date of its manufacture,
value, design, and other characteristics is primarily a
collector's item and is not likely to be used as a weapon.
"Firearm ammunition" means any self-contained cartridge or
shotgun shell, by whatever name known, which is designed to be
used or adaptable to use in a firearm; excluding, however:
(1) any ammunition exclusively designed for use with a
device used exclusively for signaling or safety and
required or recommended by the United States Coast Guard

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or the Interstate Commerce Commission; and
(2) any ammunition designed exclusively for use with a
stud or rivet driver or other similar industrial
ammunition.
"Flamethrower" means any nonstationary and transportable
device designed or intended to emit or propel a burning stream
of combustible or flammable liquid a distance of at least 10
feet.
"Gun show" means an event or function:
(1) at which the sale and transfer of firearms is the
regular and normal course of business and where 50 or more
firearms are displayed, offered, or exhibited for sale,
transfer, or exchange; or
(2) at which not less than 10 gun show vendors
display, offer, or exhibit for sale, sell, transfer, or
exchange firearms.
"Gun show" includes the entire premises provided for an
event or function, including parking areas for the event or
function, that is sponsored to facilitate the purchase, sale,
transfer, or exchange of firearms as described in this
Section. Nothing in this definition shall be construed to
exclude a gun show held in conjunction with competitive
shooting events at the World Shooting Complex sanctioned by a
national governing body in which the sale or transfer of
firearms is authorized under subparagraph (5) of paragraph (g)
of subsection (A) of Section 24-3 of the Criminal Code of 2012.

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Unless otherwise expressly stated, "gun show" does not
include training or safety classes, competitive shooting
events, such as rifle, shotgun, or handgun matches, trap,
skeet, or sporting clays shoots, dinners, banquets, raffles,
or any other event where the sale or transfer of firearms is
not the primary course of business.
"Gun show promoter" means a person who organizes or
operates a gun show.
"Gun show vendor" means a person who exhibits, sells,
offers for sale, transfers, or exchanges any firearms at a gun
show, regardless of whether the person arranges with a gun
show promoter for a fixed location from which to exhibit,
sell, offer for sale, transfer, or exchange any firearm.
"Intellectual disability" means significantly subaverage
general intellectual functioning, existing concurrently with
deficits in adaptive behavior and manifested during the
developmental period, which is defined as before the age of
22, that adversely affects a child's educational performance.
"Involuntarily admitted" has the meaning as prescribed in
Sections 1-119 and 1-119.1 of the Mental Health and
Developmental Disabilities Code.
"Mental health facility" means any licensed private
hospital or hospital affiliate, institution, or facility, or
part thereof, and any facility, or part thereof, operated by
the State or a political subdivision thereof which provides
treatment of persons with mental illness and includes all

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hospitals, institutions, clinics, evaluation facilities,
mental health centers, colleges, universities, long-term care
facilities, and nursing homes, or parts thereof, which provide
treatment of persons with mental illness whether or not the
primary purpose is to provide treatment of persons with mental
illness.
"National governing body" means a group of persons who
adopt rules and formulate policy on behalf of a national
firearm sporting organization.
"Noncitizen" means a person who is not a citizen of the
United States, but is a person who is a foreign-born person who
lives in the United States, has not been naturalized, and is
still a citizen of a foreign country.
"Patient" means:
(1) a person who is admitted as an inpatient or
resident of a public or private mental health facility for
mental health treatment under Chapter III of the Mental
Health and Developmental Disabilities Code as an informal
admission, a voluntary admission, a minor admission, an
emergency admission, or an involuntary admission, unless
the treatment was solely for an alcohol abuse disorder; or
(2) a person who voluntarily or involuntarily receives
mental health treatment as an out-patient or is otherwise
provided services by a public or private mental health
facility and who poses a clear and present danger to
himself, herself, or others.

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"Physician" has the meaning as defined in Section 1-120 of
the Mental Health and Developmental Disabilities Code.
"Protective order" means any orders of protection issued
under the Illinois Domestic Violence Act of 1986, stalking no
contact orders issued under the Stalking No Contact Order Act,
civil no contact orders issued under the Civil No Contact
Order Act, and firearms restraining orders issued under the
Firearms Restraining Order Act or a substantially similar
order issued by the court of another state, tribe, or United
States territory or military judge.
"Qualified examiner" has the meaning provided in Section
1-122 of the Mental Health and Developmental Disabilities
Code.
"Sanctioned competitive shooting event" means a shooting
contest officially recognized by a national or state shooting
sport association, and includes any sight-in or practice
conducted in conjunction with the event.
"School administrator" means the person required to report
under the School Administrator Reporting of Mental Health
Clear and Present Danger Determinations Law.
"Stun gun or taser" has the meaning ascribed to it in
Section 24-1 of the Criminal Code of 2012.
(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
102-813, eff. 5-13-22; 102-890, eff. 5-19-22; 102-972, eff.
1-1-23; 102-1030, eff. 5-27-22; 103-154, eff. 6-30-23;
103-407, eff. 7-28-23.)

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(430 ILCS 65/2) (from Ch. 38, par. 83-2)
Sec. 2. Firearm Owner's Identification Card required;
exceptions.
(a) (1) No person may acquire or possess any firearm, stun
gun, or taser, or flamethrower within this State without
having in his or her possession a Firearm Owner's
Identification Card previously issued in his or her name by
the Illinois State Police under the provisions of this Act.
(2) No person may acquire or possess firearm ammunition
within this State without having in his or her possession a
Firearm Owner's Identification Card previously issued in his
or her name by the Illinois State Police under the provisions
of this Act.
(b) The provisions of this Section regarding the
possession of firearms, firearm ammunition, stun guns, and
tasers, and flamethrowers do not apply to:
(1) United States Marshals, while engaged in the
operation of their official duties;
(2) Members of the Armed Forces of the United States
or the National Guard, while engaged in the operation of
their official duties;
(3) Federal officials required to carry firearms,
while engaged in the operation of their official duties;
(4) Members of bona fide veterans organizations which
receive firearms directly from the armed forces of the

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United States, while using the firearms for ceremonial
purposes with blank ammunition;
(5) Nonresident hunters during hunting season, with
valid nonresident hunting licenses and while in an area
where hunting is permitted; however, at all other times
and in all other places these persons must have their
firearms unloaded and enclosed in a case;
(6) Those hunters exempt from obtaining a hunting
license who are required to submit their Firearm Owner's
Identification Card when hunting on Department of Natural
Resources owned or managed sites;
(7) Nonresidents while on a firing or shooting range
recognized by the Illinois State Police; however, these
persons must at all other times and in all other places
have their firearms unloaded and enclosed in a case;
(8) Nonresidents while at a firearm showing or display
recognized by the Illinois State Police; however, at all
other times and in all other places these persons must
have their firearms unloaded and enclosed in a case;
(9) Nonresidents whose firearms are unloaded and
enclosed in a case;
(10) Nonresidents who are currently licensed or
registered to possess a firearm in their resident state;
(11) Unemancipated minors while in the custody and
immediate control of their parent or legal guardian or
other person in loco parentis to the minor if the parent or

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legal guardian or other person in loco parentis to the
minor has a currently valid Firearm Owner's Identification
Card;
(12) Color guards of bona fide veterans organizations
or members of bona fide American Legion bands while using
firearms for ceremonial purposes with blank ammunition;
(13) Nonresident hunters whose state of residence does
not require them to be licensed or registered to possess a
firearm and only during hunting season, with valid hunting
licenses, while accompanied by, and using a firearm owned
by, a person who possesses a valid Firearm Owner's
Identification Card and while in an area within a
commercial club licensed under the Wildlife Code where
hunting is permitted and controlled, but in no instance
upon sites owned or managed by the Department of Natural
Resources;
(14) Resident hunters who are properly authorized to
hunt and, while accompanied by a person who possesses a
valid Firearm Owner's Identification Card, hunt in an area
within a commercial club licensed under the Wildlife Code
where hunting is permitted and controlled; and
(15) A person who is otherwise eligible to obtain a
Firearm Owner's Identification Card under this Act and is
under the direct supervision of a holder of a Firearm
Owner's Identification Card who is 21 years of age or
older while the person is on a firing or shooting range or

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is a participant in a firearms safety and training course
recognized by a law enforcement agency or a national,
statewide shooting sports organization.
(c) The provisions of this Section regarding the
acquisition and possession of firearms, firearm ammunition,
stun guns, and tasers, and flamethrowers do not apply to law
enforcement officials of this or any other jurisdiction, while
engaged in the operation of their official duties.
(c-5) The provisions of paragraphs (1) and (2) of
subsection (a) of this Section regarding the possession of
firearms and firearm ammunition do not apply to the holder of a
valid concealed carry license issued under the Firearm
Concealed Carry Act who is in physical possession of the
concealed carry license.
(d) Any person who becomes a resident of this State, who is
not otherwise prohibited from obtaining, possessing, or using
a firearm or firearm ammunition, shall not be required to have
a Firearm Owner's Identification Card to possess firearms or
firearms ammunition until 60 calendar days after he or she
obtains an Illinois driver's license or Illinois
Identification Card.
(Source: P.A. 102-538, eff. 8-20-21; 102-1116, eff. 1-10-23.)
(430 ILCS 65/3) (from Ch. 38, par. 83-3)
Sec. 3. (a) Except as provided in Section 3a, no person may
knowingly transfer, or cause to be transferred, any firearm,

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firearm ammunition, stun gun, or taser, or flamethrower to any
person within this State unless the transferee with whom he
deals displays either: (1) a currently valid Firearm Owner's
Identification Card which has previously been issued in his or
her name by the Illinois State Police under the provisions of
this Act; or (2) a currently valid license to carry a concealed
firearm which has previously been issued in his or her name by
the Illinois State Police under the Firearm Concealed Carry
Act. In addition, all firearm, stun gun, and taser, and
flamethrower transfers by federally licensed firearm dealers
are subject to Section 3.1.
(a-5) Any person who is not a federally licensed firearm
dealer and who desires to transfer or sell a firearm while that
person is on the grounds of a gun show must, before selling or
transferring the firearm, request the Illinois State Police to
conduct a background check on the prospective recipient of the
firearm in accordance with Section 3.1.
(a-10) Notwithstanding item (2) of subsection (a) of this
Section, any person who is not a federally licensed firearm
dealer and who desires to transfer or sell a firearm or
firearms to any person who is not a federally licensed firearm
dealer shall, before selling or transferring the firearms,
contact a federal firearm license dealer under paragraph (1)
of subsection (a-15) of this Section to conduct the transfer
or the Illinois State Police with the transferee's or
purchaser's Firearm Owner's Identification Card number to

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determine the validity of the transferee's or purchaser's
Firearm Owner's Identification Card under State and federal
law, including the National Instant Criminal Background Check
System. This subsection shall not be effective until July 1,
2023. Until that date the transferor shall contact the
Illinois State Police with the transferee's or purchaser's
Firearm Owner's Identification Card number to determine the
validity of the card. The Illinois State Police may adopt
rules concerning the implementation of this subsection. The
Illinois State Police shall provide the seller or transferor
an approval number if the purchaser's Firearm Owner's
Identification Card is valid. Approvals issued by the Illinois
State Police for the purchase of a firearm pursuant to this
subsection are valid for 30 days from the date of issue.
(a-15) The provisions of subsection (a-10) of this Section
do not apply to:
(1) transfers that occur at the place of business of a
federally licensed firearm dealer, if the federally
licensed firearm dealer conducts a background check on the
prospective recipient of the firearm in accordance with
Section 3.1 of this Act and follows all other applicable
federal, State, and local laws as if he or she were the
seller or transferor of the firearm, although the dealer
is not required to accept the firearm into his or her
inventory. The purchaser or transferee may be required by
the federally licensed firearm dealer to pay a fee not to

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exceed $25 per firearm, which the dealer may retain as
compensation for performing the functions required under
this paragraph, plus the applicable fees authorized by
Section 3.1;
(2) transfers as a bona fide gift to the transferor's
husband, wife, son, daughter, stepson, stepdaughter,
father, mother, stepfather, stepmother, brother, sister,
nephew, niece, uncle, aunt, grandfather, grandmother,
grandson, granddaughter, father-in-law, mother-in-law,
son-in-law, or daughter-in-law;
(3) transfers by persons acting pursuant to operation
of law or a court order;
(4) transfers on the grounds of a gun show under
subsection (a-5) of this Section;
(5) the delivery of a firearm by its owner to a
gunsmith for service or repair, the return of the firearm
to its owner by the gunsmith, or the delivery of a firearm
by a gunsmith to a federally licensed firearms dealer for
service or repair and the return of the firearm to the
gunsmith;
(6) temporary transfers that occur while in the home
of the unlicensed transferee, if the unlicensed transferee
is not otherwise prohibited from possessing firearms and
the unlicensed transferee reasonably believes that
possession of the firearm is necessary to prevent imminent
death or great bodily harm to the unlicensed transferee;

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(7) transfers to a law enforcement or corrections
agency or a law enforcement or corrections officer acting
within the course and scope of his or her official duties;
(8) transfers of firearms that have been rendered
permanently inoperable to a nonprofit historical society,
museum, or institutional collection; and
(9) transfers to a person who is exempt from the
requirement of possessing a Firearm Owner's Identification
Card under Section 2 of this Act.
(a-20) The Illinois State Police shall develop an
Internet-based system for individuals to determine the
validity of a Firearm Owner's Identification Card prior to the
sale or transfer of a firearm. The Illinois State Police shall
have the Internet-based system updated and available for use
by January 1, 2024. The Illinois State Police shall adopt
rules not inconsistent with this Section to implement this
system; but no rule shall allow the Illinois State Police to
retain records in contravention of State and federal law.
(a-25) On or before January 1, 2022, the Illinois State
Police shall develop an Internet-based system upon which the
serial numbers of firearms that have been reported stolen are
available for public access for individuals to ensure any
firearms are not reported stolen prior to the sale or transfer
of a firearm under this Section. The Illinois State Police
shall have the Internet-based system completed and available
for use by July 1, 2022. The Illinois State Police shall adopt

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rules not inconsistent with this Section to implement this
system.
(b) Any person within this State who transfers or causes
to be transferred any firearm, stun gun, or taser, or
flamethrower shall keep a record of such transfer for a period
of 10 years from the date of transfer. Any person within this
State who receives any firearm, stun gun, or taser, or
flamethrower pursuant to subsection (a-10) shall provide a
record of the transfer within 10 days of the transfer to a
federally licensed firearm dealer and shall not be required to
maintain a transfer record. The federally licensed firearm
dealer shall maintain the transfer record for 20 years from
the date of receipt. A federally licensed firearm dealer may
charge a fee not to exceed $25 to retain the record. The record
shall be provided and maintained in either an electronic or
paper format. The federally licensed firearm dealer shall not
be liable for the accuracy of any information in the transfer
record submitted pursuant to this Section. Such records shall
contain the date of the transfer; the description, serial
number or other information identifying the firearm, stun gun,
or taser, or flamethrower if no serial number is available;
and, if the transfer was completed within this State, the
transferee's Firearm Owner's Identification Card number and
any approval number or documentation provided by the Illinois
State Police pursuant to subsection (a-10) of this Section; if
the transfer was not completed within this State, the record

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shall contain the name and address of the transferee. On or
after January 1, 2006, the record shall contain the date of
application for transfer of the firearm. On demand of a peace
officer such transferor shall produce for inspection such
record of transfer. For any transfer pursuant to subsection
(a-10) of this Section, on the demand of a peace officer, such
transferee shall identify the federally licensed firearm
dealer maintaining the transfer record. If the transfer or
sale took place at a gun show, the record shall include the
unique identification number. Failure to record the unique
identification number or approval number is a petty offense.
For transfers of a firearm, stun gun, or taser made on or after
January 18, 2019 (the effective date of Public Act 100-1178),
or the transfer of a flamethrower made on or after the
effective date of this amendatory Act of the 104th General
Assembly, failure by the private seller to maintain the
transfer records in accordance with this Section, or failure
by a transferee pursuant to subsection a-10 of this Section to
identify the federally licensed firearm dealer maintaining the
transfer record, is a Class A misdemeanor for the first
offense and a Class 4 felony for a second or subsequent offense
occurring within 10 years of the first offense and the second
offense was committed after conviction of the first offense.
Whenever any person who has not previously been convicted of
any violation of subsection (a-5), the court may grant
supervision pursuant to and consistent with the limitations of

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Section 5-6-1 of the Unified Code of Corrections. A transferee
or transferor shall not be criminally liable under this
Section provided that he or she provides the Illinois State
Police with the transfer records in accordance with procedures
established by the Illinois State Police. The Illinois State
Police shall establish, by rule, a standard form on its
website.
(b-5) Any resident may purchase ammunition from a person
within or outside of Illinois if shipment is by United States
mail or by a private express carrier authorized by federal law
to ship ammunition. Any resident purchasing ammunition within
or outside the State of Illinois must provide the seller with a
copy of his or her valid Firearm Owner's Identification Card
or valid concealed carry license and either his or her
Illinois driver's license or Illinois State Identification
Card prior to the shipment of the ammunition. The ammunition
may be shipped only to an address on either of those 2
documents.
(c) The provisions of this Section regarding the transfer
of firearm ammunition shall not apply to those persons
specified in paragraph (b) of Section 2 of this Act.
(Source: P.A. 102-237, eff. 1-1-24; 102-538, eff. 8-20-21;
102-813, eff. 5-13-22; 102-1116, eff. 1-10-23.)
(430 ILCS 65/3.1) (from Ch. 38, par. 83-3.1)
Sec. 3.1. Firearm Transfer Inquiry Program.

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(a) The Illinois State Police shall provide a dial up
telephone system or utilize other existing technology which
shall be used by any federally licensed firearm dealer, gun
show promoter, or gun show vendor who is to transfer a firearm,
stun gun, or taser, or flamethrower under the provisions of
this Act. The Illinois State Police may utilize existing
technology which allows the caller to be charged a fee not to
exceed $2. Fees collected by the Illinois State Police shall
be deposited in the State Police Firearm Services Fund and
used to provide the service.
(b) Upon receiving a request from a federally licensed
firearm dealer, gun show promoter, or gun show vendor, the
Illinois State Police shall immediately approve or, within the
time period established by Section 24-3 of the Criminal Code
of 2012 regarding the delivery of firearms, stun guns, and
tasers, and flamethrowers notify the inquiring dealer, gun
show promoter, or gun show vendor of any objection that would
disqualify the transferee from acquiring or possessing a
firearm, stun gun, or taser, or flamethrower. In conducting
the inquiry, the Illinois State Police shall initiate and
complete an automated search of its criminal history record
information files and those of the Federal Bureau of
Investigation, including the National Instant Criminal
Background Check System, and of the files of the Department of
Human Services relating to mental health and developmental
disabilities to obtain any felony conviction or patient

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hospitalization information which would disqualify a person
from obtaining or require revocation of a currently valid
Firearm Owner's Identification Card.
(b-5) By January 1, 2023, the Illinois State Police shall
by rule provide a process for the automatic renewal of the
Firearm Owner's Identification Card of a person at the time of
an inquiry in subsection (b). Persons eligible for this
process must have a set of fingerprints on file with their
applications under either subsection (a-25) of Section 4 or
the Firearm Concealed Carry Act.
(c) If receipt of a firearm would not violate Section 24-3
of the Criminal Code of 2012, federal law, or this Act, the
Illinois State Police shall:
(1) assign a unique identification number to the
transfer; and
(2) provide the licensee, gun show promoter, or gun
show vendor with the number.
(d) Approvals issued by the Illinois State Police for the
purchase of a firearm are valid for 30 days from the date of
issue.
(e) (1) The Illinois State Police must act as the Illinois
Point of Contact for the National Instant Criminal Background
Check System.
(2) The Illinois State Police and the Department of Human
Services shall, in accordance with State and federal law
regarding confidentiality, enter into a memorandum of

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understanding with the Federal Bureau of Investigation for the
purpose of implementing the National Instant Criminal
Background Check System in the State. The Illinois State
Police shall report the name, date of birth, and physical
description of any person prohibited from possessing a firearm
pursuant to the Firearm Owners Identification Card Act or 18
U.S.C. 922(g) and (n) to the National Instant Criminal
Background Check System Index, Denied Persons Files.
(3) The Illinois State Police shall provide notice of the
disqualification of a person under subsection (b) of this
Section or the revocation of a person's Firearm Owner's
Identification Card under Section 8 or Section 8.2 of this
Act, and the reason for the disqualification or revocation, to
all law enforcement agencies with jurisdiction to assist with
the seizure of the person's Firearm Owner's Identification
Card.
(f) The Illinois State Police shall adopt rules not
inconsistent with this Section to implement this system.
(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
102-813, eff. 5-13-22.)
Section 10. The Criminal Code of 2012 is amended by
changing Section 24-3 as follows:
(720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
Sec. 24-3. Unlawful sale or delivery of firearms.

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(A) A person commits the offense of unlawful sale or
delivery of firearms when he or she knowingly does any of the
following:
(a) Sells or gives any firearm of a size which may be
concealed upon the person to any person under 18 years of
age.
(b) Sells or gives any firearm to a person under 21
years of age who has been convicted of a misdemeanor other
than a traffic offense or adjudged delinquent.
(c) Sells or gives any firearm to any narcotic addict.
(d) Sells or gives any firearm to any person who has
been convicted of a felony under the laws of this or any
other jurisdiction.
(e) Sells or gives any firearm to any person who has
been a patient in a mental institution within the past 5
years. In this subsection (e):
"Mental institution" means any hospital,
institution, clinic, evaluation facility, mental
health center, or part thereof, which is used
primarily for the care or treatment of persons with
mental illness.
"Patient in a mental institution" means the person
was admitted, either voluntarily or involuntarily, to
a mental institution for mental health treatment,
unless the treatment was voluntary and solely for an
alcohol abuse disorder and no other secondary

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substance abuse disorder or mental illness.
(f) Sells or gives any firearms to any person who is a
person with an intellectual disability.
(g) Delivers any firearm or flamethrower, incidental
to a sale, without withholding delivery of the firearm or
flamethrower for at least 72 hours after application for
its purchase has been made, or delivers a stun gun or
taser, incidental to a sale, without withholding delivery
of the stun gun or taser for at least 24 hours after
application for its purchase has been made. However, this
paragraph (g) does not apply to: (1) the sale of a firearm
or flamethrower to a law enforcement officer if the seller
of the firearm or flamethrower knows that the person to
whom he or she is selling the firearm or flamethrower is a
law enforcement officer or the sale of a firearm or
flamethrower to a person who desires to purchase a firearm
or flamethrower for use in promoting the public interest
incident to his or her employment as a bank guard, armed
truck guard, or other similar employment; (2) a mail order
sale of a firearm or flamethrower from a federally
licensed firearms dealer to a nonresident of Illinois
under which the firearm or flamethrower is mailed to a
federally licensed firearms dealer outside the boundaries
of Illinois; (3) (blank); (4) the sale of a firearm or
flamethrower to a dealer licensed as a federal firearms
dealer under Section 923 of the federal Gun Control Act of

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1968 (18 U.S.C. 923); or (5) the transfer or sale of any
rifle, shotgun, or other long gun to a resident registered
competitor or attendee or non-resident registered
competitor or attendee by any dealer licensed as a federal
firearms dealer under Section 923 of the federal Gun
Control Act of 1968 at competitive shooting events held at
the World Shooting Complex sanctioned by a national
governing body. For purposes of transfers or sales under
subparagraph (5) of this paragraph (g), the Department of
Natural Resources shall give notice to the Illinois State
Police at least 30 calendar days prior to any competitive
shooting events at the World Shooting Complex sanctioned
by a national governing body. The notification shall be
made on a form prescribed by the Illinois State Police.
The sanctioning body shall provide a list of all
registered competitors and attendees at least 24 hours
before the events to the Illinois State Police. Any
changes to the list of registered competitors and
attendees shall be forwarded to the Illinois State Police
as soon as practicable. The Illinois State Police must
destroy the list of registered competitors and attendees
no later than 30 days after the date of the event. Nothing
in this paragraph (g) relieves a federally licensed
firearm dealer from the requirements of conducting a NICS
background check through the Illinois Point of Contact
under 18 U.S.C. 922(t). For purposes of this paragraph

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(g):
"Application" , "application" means when the buyer
and seller reach an agreement to purchase a firearm.
For purposes of this paragraph (g), "national
"Flamethrower" has the meaning ascribed to it in
Section 1.1 of the Firearm Owners Identification Card
Act.
"National governing body" means a group of persons
who adopt rules and formulate policy on behalf of a
national firearm sporting organization.
(h) While holding any license as a dealer, importer,
manufacturer or pawnbroker under the federal Gun Control
Act of 1968, manufactures, sells or delivers to any
unlicensed person a handgun having a barrel, slide, frame
or receiver which is a die casting of zinc alloy or any
other nonhomogeneous metal which will melt or deform at a
temperature of less than 800 degrees Fahrenheit. For
purposes of this paragraph, (1) "firearm" is defined as in
the Firearm Owners Identification Card Act; and (2)
"handgun" is defined as a firearm designed to be held and
fired by the use of a single hand, and includes a
combination of parts from which such a firearm can be
assembled.
(i) Sells or gives a firearm of any size to any person
under 18 years of age who does not possess a valid Firearm
Owner's Identification Card.

HB0019 - 29 - LRB104 03141 BDA 13162 b
(j) Sells or gives a firearm while engaged in the
business of selling firearms at wholesale or retail
without being licensed as a federal firearms dealer under
Section 923 of the federal Gun Control Act of 1968 (18
U.S.C. 923). In this paragraph (j):
A person "engaged in the business" means a person who
devotes time, attention, and labor to engaging in the
activity as a regular course of trade or business with the
principal objective of livelihood and profit, but does not
include a person who makes occasional repairs of firearms
or who occasionally fits special barrels, stocks, or
trigger mechanisms to firearms.
"With the principal objective of livelihood and
profit" means that the intent underlying the sale or
disposition of firearms is predominantly one of obtaining
livelihood and pecuniary gain, as opposed to other
intents, such as improving or liquidating a personal
firearms collection; however, proof of profit shall not be
required as to a person who engages in the regular and
repetitive purchase and disposition of firearms for
criminal purposes or terrorism.
(k) Sells or transfers ownership of a firearm to a
person who does not display to the seller or transferor of
the firearm either: (1) a currently valid Firearm Owner's
Identification Card that has previously been issued in the
transferee's name by the Illinois State Police under the

HB0019 - 30 - LRB104 03141 BDA 13162 b
provisions of the Firearm Owners Identification Card Act;
or (2) a currently valid license to carry a concealed
firearm that has previously been issued in the
transferee's name by the Illinois State Police under the
Firearm Concealed Carry Act. This paragraph (k) does not
apply to the transfer of a firearm to a person who is
exempt from the requirement of possessing a Firearm
Owner's Identification Card under Section 2 of the Firearm
Owners Identification Card Act. For the purposes of this
Section, a currently valid Firearm Owner's Identification
Card or license to carry a concealed firearm means receipt
of an approval number issued in accordance with subsection
(a-10) of Section 3 or Section 3.1 of the Firearm Owners
Identification Card Act.
(1) In addition to the other requirements of this
paragraph (k), all persons who are not federally
licensed firearms dealers must also have complied with
subsection (a-10) of Section 3 of the Firearm Owners
Identification Card Act by determining the validity of
a purchaser's Firearm Owner's Identification Card.
(2) All sellers or transferors who have complied
with the requirements of subparagraph (1) of this
paragraph (k) shall not be liable for damages in any
civil action arising from the use or misuse by the
transferee of the firearm transferred, except for
willful or wanton misconduct on the part of the seller

HB0019 - 31 - LRB104 03141 BDA 13162 b
or transferor.
(l) Not being entitled to the possession of a firearm,
delivers the firearm, knowing it to have been stolen or
converted. It may be inferred that a person who possesses
a firearm with knowledge that its serial number has been
removed or altered has knowledge that the firearm is
stolen or converted.
(B) Paragraph (h) of subsection (A) does not include
firearms sold within 6 months after enactment of Public Act
78-355 (approved August 21, 1973, effective October 1, 1973),
nor is any firearm legally owned or possessed by any citizen or
purchased by any citizen within 6 months after the enactment
of Public Act 78-355 subject to confiscation or seizure under
the provisions of that Public Act. Nothing in Public Act
78-355 shall be construed to prohibit the gift or trade of any
firearm if that firearm was legally held or acquired within 6
months after the enactment of that Public Act.
(C) Sentence.
(1) Any person convicted of unlawful sale or delivery
of firearms in violation of paragraph (c), (e), (f), (g),
or (h) of subsection (A) commits a Class 4 felony.
(2) Any person convicted of unlawful sale or delivery
of firearms in violation of paragraph (b) or (i) of
subsection (A) commits a Class 3 felony.
(3) Any person convicted of unlawful sale or delivery
of firearms in violation of paragraph (a) of subsection

HB0019 - 32 - LRB104 03141 BDA 13162 b
(A) commits a Class 2 felony.
(4) Any person convicted of unlawful sale or delivery
of firearms in violation of paragraph (a), (b), or (i) of
subsection (A) in any school, on the real property
comprising a school, within 1,000 feet of the real
property comprising a school, at a school related
activity, or on or within 1,000 feet of any conveyance
owned, leased, or contracted by a school or school
district to transport students to or from school or a
school related activity, regardless of the time of day or
time of year at which the offense was committed, commits a
Class 1 felony. Any person convicted of a second or
subsequent violation of unlawful sale or delivery of
firearms in violation of paragraph (a), (b), or (i) of
subsection (A) in any school, on the real property
comprising a school, within 1,000 feet of the real
property comprising a school, at a school related
activity, or on or within 1,000 feet of any conveyance
owned, leased, or contracted by a school or school
district to transport students to or from school or a
school related activity, regardless of the time of day or
time of year at which the offense was committed, commits a
Class 1 felony for which the sentence shall be a term of
imprisonment of no less than 5 years and no more than 15
years.
(5) Any person convicted of unlawful sale or delivery

HB0019 - 33 - LRB104 03141 BDA 13162 b
of firearms in violation of paragraph (a) or (i) of
subsection (A) in residential property owned, operated, or
managed by a public housing agency or leased by a public
housing agency as part of a scattered site or mixed-income
development, in a public park, in a courthouse, on
residential property owned, operated, or managed by a
public housing agency or leased by a public housing agency
as part of a scattered site or mixed-income development,
on the real property comprising any public park, on the
real property comprising any courthouse, or on any public
way within 1,000 feet of the real property comprising any
public park, courthouse, or residential property owned,
operated, or managed by a public housing agency or leased
by a public housing agency as part of a scattered site or
mixed-income development commits a Class 2 felony.
(6) Any person convicted of unlawful sale or delivery
of firearms in violation of paragraph (j) of subsection
(A) commits a Class A misdemeanor. A second or subsequent
violation is a Class 4 felony.
(7) Any person convicted of unlawful sale or delivery
of firearms in violation of paragraph (k) of subsection
(A) commits a Class 4 felony, except that a violation of
subparagraph (1) of paragraph (k) of subsection (A) shall
not be punishable as a crime or petty offense. A third or
subsequent conviction for a violation of paragraph (k) of
subsection (A) is a Class 1 felony.

HB0019 - 34 - LRB104 03141 BDA 13162 b
(8) A person 18 years of age or older convicted of
unlawful sale or delivery of firearms in violation of
paragraph (a) or (i) of subsection (A), when the firearm
that was sold or given to another person under 18 years of
age was used in the commission of or attempt to commit a
forcible felony, shall be fined or imprisoned, or both,
not to exceed the maximum provided for the most serious
forcible felony so committed or attempted by the person
under 18 years of age who was sold or given the firearm.
(9) Any person convicted of unlawful sale or delivery
of firearms in violation of paragraph (d) of subsection
(A) commits a Class 3 felony.
(10) Any person convicted of unlawful sale or delivery
of firearms in violation of paragraph (l) of subsection
(A) commits a Class 2 felony if the delivery is of one
firearm. Any person convicted of unlawful sale or delivery
of firearms in violation of paragraph (l) of subsection
(A) commits a Class 1 felony if the delivery is of not less
than 2 and not more than 5 firearms at the same time or
within a one-year period. Any person convicted of unlawful
sale or delivery of firearms in violation of paragraph (l)
of subsection (A) commits a Class X felony for which he or
she shall be sentenced to a term of imprisonment of not
less than 6 years and not more than 30 years if the
delivery is of not less than 6 and not more than 10
firearms at the same time or within a 2-year period. Any

HB0019 - 35 - LRB104 03141 BDA 13162 b
person convicted of unlawful sale or delivery of firearms
in violation of paragraph (l) of subsection (A) commits a
Class X felony for which he or she shall be sentenced to a
term of imprisonment of not less than 6 years and not more
than 40 years if the delivery is of not less than 11 and
not more than 20 firearms at the same time or within a
3-year period. Any person convicted of unlawful sale or
delivery of firearms in violation of paragraph (l) of
subsection (A) commits a Class X felony for which he or she
shall be sentenced to a term of imprisonment of not less
than 6 years and not more than 50 years if the delivery is
of not less than 21 and not more than 30 firearms at the
same time or within a 4-year period. Any person convicted
of unlawful sale or delivery of firearms in violation of
paragraph (l) of subsection (A) commits a Class X felony
for which he or she shall be sentenced to a term of
imprisonment of not less than 6 years and not more than 60
years if the delivery is of 31 or more firearms at the same
time or within a 5-year period.
(D) For purposes of this Section:
"School" means a public or private elementary or secondary
school, community college, college, or university.
"School related activity" means any sporting, social,
academic, or other activity for which students' attendance or
participation is sponsored, organized, or funded in whole or
in part by a school or school district.

HB0019 - 36 - LRB104 03141 BDA 13162 b