Bill Text: IL HB0482 | 2015-2016 | 99th General Assembly | Introduced

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Bill Title: Amends the Firearm Owners Identification Card Act and the Criminal Code of 2012. Provides that a person may purchase a firearm or ammunition for a firearm by displaying to the transferor a currently valid license to carry a concealed firearm which has previously been issued in his or her name by the Department of State Police under the Firearm Concealed Carry Act.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Introduced - Dead) 2015-03-27 - Rule 19(a) / Re-referred to Rules Committee [HB0482 Detail]

Download: Illinois-2015-HB0482-Introduced.html

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99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 HB0482 Introduced , by Rep. Brandon W. Phelps SYNOPSIS AS INTRODUCED:
430 ILCS 65/3 from Ch. 38, par. 83-3
720 ILCS 5/24-3 from Ch. 38, par. 24-3
Amends the Firearm Owners Identification Card Act and the Criminal Code of 2012. Provides that a person may purchase a firearm or ammunition for a firearm by displaying to the transferor a currently valid license to carry a concealed firearm which has previously been issued in his or her name by the Department of State Police under the Firearm Concealed Carry Act.
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A BILL FOR
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AN ACT concerning firearms.
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 Section 3 as follows:
(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,
firearm ammunition, stun gun, or taser 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
Department of 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
Department of State Police under the Firearm Concealed Carry
Act. In addition, all firearm, stun gun, and taser 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 Department of State
Police to conduct a background check on the prospective

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recipient of the firearm in accordance with Section 3.1.
(a-10) 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 the Department of State Police with the transferee's or
purchaser's Firearm Owner's Identification Card number to
determine the validity of the transferee's or purchaser's
Firearm Owner's Identification Card. This subsection shall not
be effective until January 1, 2014. The Department of State
Police may adopt rules concerning the implementation of this
subsection. The Department of 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 Department 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

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inventory. The purchaser or transferee may be required by
the federally licensed firearm dealer to pay a fee not to
exceed $10 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

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of the firearm is necessary to prevent imminent death or
great bodily harm to the unlicensed transferee;
(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 Department of 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 Department shall have the
Internet-based system completed and available for use by July
1, 2015. The Department shall adopt 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 shall keep a
record of such transfer for a period of 10 years from the date
of transfer. Such record shall contain the date of the
transfer; the description, serial number or other information
identifying the firearm, stun gun, or taser if no serial number
is available; and, if the transfer was completed within this
State, the transferee's Firearm Owner's Identification Card

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number and any approval number or documentation provided by the
Department of State Police pursuant to subsection (a-10) of
this Section. 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. 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.
(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. 97-1135, eff. 12-4-12; 98-508, eff. 8-19-13.)
Section 10. The Criminal Code of 2012 is amended by
changing Section 24-3 as follows:

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(720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
Sec. 24-3. Unlawful sale or delivery of firearms.
(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

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a mental institution for mental health treatment,
unless the treatment was voluntary and solely for an
alcohol abuse disorder and no other secondary
substance abuse disorder or mental illness.
(f) Sells or gives any firearms to any person who is
intellectually disabled.
(g) Delivers any firearm of a size which may be
concealed upon the person, incidental to a sale, without
withholding delivery of such firearm for at least 72 hours
after application for its purchase has been made, or
delivers any rifle, shotgun or other long gun, or a stun
gun or taser, incidental to a sale, without withholding
delivery of such rifle, shotgun or other long gun, or a
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 to a law
enforcement officer if the seller of the firearm knows that
the person to whom he or she is selling the firearm is a
law enforcement officer or the sale of a firearm to a
person who desires to purchase a firearm 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 to a
nonresident of Illinois under which the firearm is mailed
to a point outside the boundaries of Illinois; (3) the sale
of a firearm to a nonresident of Illinois while at a

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

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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 Department of State Police under
the 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

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name by the Department of 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
means (i) a Firearm Owner's Identification Card that has
not expired or (ii) an approval number issued in accordance
with subsection (a-10) of subsection 3 or Section 3.1 of
the Firearm Owners Identification Card Act shall be proof
that the Firearm Owner's Identification Card was valid.
(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
or transferor.
(l) Not being entitled to the possession of a firearm,

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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 (A)
commits a Class 2 felony.
(4) Any person convicted of unlawful sale or delivery

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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
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

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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.
(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

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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
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

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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.
(E) A prosecution for a violation of paragraph (k) of
subsection (A) of this Section may be commenced within 6 years
after the commission of the offense. A prosecution for a
violation of this Section other than paragraph (g) of

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subsection (A) of this Section may be commenced within 5 years
after the commission of the offense defined in the particular
paragraph.
(Source: P.A. 97-227, eff. 1-1-12; 97-347, eff. 1-1-12; 97-813,
eff. 7-13-12; 97-1167, eff. 6-1-13; 98-508, eff. 8-19-13.)