Bill Text: IL HB1057 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Firearm Owners Identification Card Act. Provides that no person, other than a certified licensee under the Firearm Dealer License Certification Act or an employee of the certified licensee in the course of his or her business as an employee of a certified licensee, may knowingly transfer, or cause to be transferred, firearm ammunition in the State. Amends the Criminal Code of 2012. Provides that it is a Class 4 felony to sell or give firearm ammunition to any person if the transferrer of the firearm ammunition is not a certified licensee under the Firearm Dealer License Certification Act or if the transferrer of the firearm ammunition is not an employee of the certified licensee selling or transferring firearm ammunition in the course of his or her business as an employee of a certified licensee. Defines "certified licensee" and "licensee".

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2023-03-10 - Rule 19(a) / Re-referred to Rules Committee [HB1057 Detail]

Download: Illinois-2023-HB1057-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1057 Introduced , by Rep. Rita Mayfield SYNOPSIS AS INTRODUCED:
430 ILCS 65/1.1 from Ch. 38, par. 83-1.1
430 ILCS 65/3 from Ch. 38, par. 83-3
430 ILCS 65/3a from Ch. 38, par. 83-3a
720 ILCS 5/24-3 from Ch. 38, par. 24-3
Amends the Firearm Owners Identification Card Act. Provides that no person, other than a certified licensee under the Firearm Dealer License Certification Act or an employee of the certified licensee in the course of his or her business as an employee of a certified licensee, may knowingly transfer, or cause to be transferred, firearm ammunition in the State. Amends the Criminal Code of 2012. Provides that it is a Class 4 felony to sell or give firearm ammunition to any person if the transferrer of the firearm ammunition is not a certified licensee under the Firearm Dealer License Certification Act or if the transferrer of the firearm ammunition is not an employee of the certified licensee selling or transferring firearm ammunition in the course of his or her business as an employee of a certified licensee. Defines "certified licensee" and "licensee".
LRB103 00028 RLC 45028 b
A BILL FOR
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AN ACT concerning criminal law.
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 Sections 1.1, 3, and 3a as follows:
(430 ILCS 65/1.1) (from Ch. 38, par. 83-1.1)
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,

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mental impairment, incompetency, condition, or disease:
(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;

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(11) is subject to involuntary admission as an
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.
"Certified licensee" and "licensee" have the meanings
ascribed to them in Section 5-5 of the Firearm Dealer
License Certification 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

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controlled substance analog as defined in the Illinois
Controlled Substances Act.
"Counterfeit" means to copy or imitate, without legal
authority, with intent to deceive.
"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
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

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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 signalling or safety
and required or recommended by the United States Coast
Guard or the Interstate Commerce Commission; and
(2) any ammunition designed exclusively for use with a
stud or rivet driver or other similar industrial
ammunition.
"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

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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.
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.
"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
provide treatment of persons with mental illness and includes

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all 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.
"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 to others.
"Person with a developmental disability" means a person
with a disability which is attributable to any other condition
which results in impairment similar to that caused by an
intellectual disability and which requires services similar to

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those required by persons with intellectual disabilities. The
disability must originate before the age of 18 years, be
expected to continue indefinitely, and constitute a
substantial disability. This disability results, in the
professional opinion of a physician, clinical psychologist, or
qualified examiner, in significant functional limitations in 3
or more of the following areas of major life activity:
(i) self-care;
(ii) receptive and expressive language;
(iii) learning;
(iv) mobility; or
(v) self-direction.
"Person with an intellectual disability" means a person
with a significantly subaverage general intellectual
functioning which exists concurrently with impairment in
adaptive behavior and which originates before the age of 18
years.
"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.
"Qualified examiner" has the meaning provided in Section

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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;
revised 10-6-21.)
(430 ILCS 65/3) (from Ch. 38, par. 83-3)
(Text of Section before amendment by P.A. 102-237)
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
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

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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 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 the Illinois 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 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

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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
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

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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;
(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 completed and available for use
by July 1, 2015. The Illinois State Police shall adopt rules

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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 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 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. 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),
failure by the private seller to maintain the transfer records
in accordance with this Section is a Class A misdemeanor for
the first offense and a Class 4 felony for a second or
subsequent offense. A transferee shall not be criminally

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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. 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
(Text of Section after amendment by P.A. 102-237)
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

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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 transfers by
federally licensed firearm dealers are subject to Section 3.1.
(a-1) No person, other than a certified licensee under the
Firearm Dealer License Certification Act or an employee of the
certified licensee who sells or transfers firearm ammunition
in the course of his or her business as an employee of a
certified licensee, may knowingly transfer, or cause to be
transferred, firearm ammunition in this State.
(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)

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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
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 January
1, 2024. 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

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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
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

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the unlicensed transferee reasonably believes that
possession 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 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

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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
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. Any person within this State who receives any
firearm, stun gun, or taser 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 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

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the Illinois State Police pursuant to subsection (a-10) of
this Section; if the transfer was not completed within this
State, the record 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), 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) (Blank). 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) (Blank). 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.)
(430 ILCS 65/3a) (from Ch. 38, par. 83-3a)
Sec. 3a. (a) Any resident of Illinois who has obtained a

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firearm owner's identification card pursuant to this Act and
who is not otherwise prohibited from obtaining, possessing or
using a firearm may purchase or obtain a rifle or shotgun or
ammunition for a rifle or shotgun in Iowa, Missouri, Indiana,
Wisconsin or Kentucky.
(b) Any resident of Iowa, Missouri, Indiana, Wisconsin or
Kentucky or a non-resident with a valid non-resident hunting
license, who is 18 years of age or older and who is not
prohibited by the laws of Illinois, the state of his domicile,
or the United States from obtaining, possessing or using a
firearm, may purchase or obtain a rifle, shotgun or ammunition
for a rifle or shotgun in Illinois.
(b-5) Any non-resident who is participating in a
sanctioned competitive shooting event, who is 18 years of age
or older and who is not prohibited by the laws of Illinois, the
state of his or her domicile, or the United States from
obtaining, possessing, or using a firearm, may purchase or
obtain a shotgun or shotgun ammunition in Illinois for the
purpose of participating in that event. A person may purchase
or obtain a shotgun or shotgun ammunition under this
subsection only at the site where the sanctioned competitive
shooting event is being held.
(b-6) Notwithstanding subsections (a), (b), and (b-5),
ammunition for a rifle or shotgun must be purchased only from a
federally licensed firearm dealer.
(b-10) Any non-resident registered competitor or attendee

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of a competitive shooting event held at the World Shooting
Complex sanctioned by a national governing body, who is not
prohibited by the laws of Illinois, the state of his or her
domicile, or the United States from obtaining, possessing, or
using a firearm may purchase or obtain a rifle, shotgun, or
other long gun or ammunition for a rifle, shotgun, or other
long gun at the competitive shooting event. The sanctioning
body shall provide a list of registered competitors and
attendees as required under subparagraph (5) of paragraph (g)
of subsection (A) of Section 24-3 of the Criminal Code of 2012.
A competitor or attendee of a competitive shooting event who
does not wish to purchase a firearm at the event is not
required to register or have his or her name appear on a list
of registered competitors and attendees provided to the
Department of State Police by the sanctioning body.
(c) Any transaction under this Section is subject to the
provisions of the Gun Control Act of 1968 (18 U.S.C. 922
(b)(3)).
(Source: P.A. 99-29, eff. 7-10-15.)
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.
(A) A person commits the offense of unlawful sale or

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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
substance abuse disorder or mental illness.

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(f) Sells or gives any firearms to any person who is a
person with an intellectual disability.
(g) Delivers any firearm, incidental to a sale,
without withholding delivery of the firearm 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 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 from a federally licensed
firearms dealer to a nonresident of Illinois under which
the firearm is mailed to a federally licensed firearms
dealer outside the boundaries of Illinois; (3) (blank);
(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); 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

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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 (g), "application" means when the buyer and
seller reach an agreement to purchase a firearm. For
purposes of this paragraph (g), "national governing body"
means a group of persons who adopt rules and formulate

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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.
(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

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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
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

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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
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.
(m) Sells or gives firearm ammunition to a person if

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the transferrer of the firearm ammunition is not a
certified licensee under the Firearm Dealer License
Certification Act or if the transferrer of the firearm
ammunition is not an employee of the certified licensee
who sells or transfers firearm ammunition in the course of
his or her business as an employee of a certified
licensee. In this paragraph (m), "certified licensee" and
"licensee" have the meanings ascribed to them in Section
5-5 of the Firearm Dealer License Certification Act.
(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), or (m) 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.

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(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
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

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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
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

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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
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

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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
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

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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
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. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
102-813, eff. 5-13-22.)
Section 95. No acceleration or delay. Where this Act makes
changes in a statute that is represented in this Act by text
that is not yet or no longer in effect (for example, a Section
represented by multiple versions), the use of that text does
not accelerate or delay the taking effect of (i) the changes
made by this Act or (ii) provisions derived from any other
Public Act.