Bill Text: IL HB2592 | 2013-2014 | 98th General Assembly | Introduced

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

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Failed) 2014-12-03 - Session Sine Die [HB2592 Detail]

Download: Illinois-2013-HB2592-Introduced.html

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98TH GENERAL ASSEMBLY State of Illinois 2013 and 2014 HB2592 Introduced , by Rep. Esther Golar SYNOPSIS AS INTRODUCED:
New Act
430 ILCS 65/3 from Ch. 38, par. 83-3
430 ILCS 65/3.1 from Ch. 38, par. 83-3.1
430 ILCS 65/8 from Ch. 38, par. 83-8
720 ILCS 5/24-3 from Ch. 38, par. 24-3
720 ILCS 5/24-3.1A new
720 ILCS 5/24-3.5
720 ILCS 5/24-4.1 new
Creates the Prevention of Gun Trafficking Act. Provides that it is a Class 4 felony for any person to engage in the business of selling, leasing, or otherwise transferring firearms or ammunition without a dealer permit issued by the Department of State Police. Establishes procedures and qualifications for obtaining a permit. Amends the Firearm Owners Identification Card Act. Provides that a person who is not a federally licensed firearm dealer permittee under the Prevention of Gun Trafficking Act and who desires to transfer or sell a firearm to another person, who is not a firearms dealer permittee under that Act, shall do so only through a firearms dealer permittee. Provides exceptions. Amends the Criminal Code of 2012. Provides that if a person who possesses a firearm thereafter loses or misplaces the firearm, or if the firearm is stolen from the person, the person must report the loss or theft to the local law enforcement agency within 72 hours after when he or she knew or reasonably should have known of the loss or theft. Effective immediately.
LRB098 08846 RLC 38975 b
CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY FISCAL NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
Prevention of Gun Trafficking Act.
Section 5. Legislative findings; purpose and intent. The
General Assembly hereby finds and declares:
(a) Gun violence takes an extraordinary toll on families
and communities in Illinois. In 2007, over 1,000 individuals
died from firearm-related injuries in Illinois. In that same
year, incidents of gun murders, gun suicides, and unintentional
shootings in Illinois killed 150 children and adolescents ages
19 and younger.
(b) Corrupt gun dealers, straw purchasers, unlicensed
sellers, and theft are major channels used to divert firearms
from the lawful to the unlawful market, according to a report
issued in June of 2000, by the Department of the Treasury and
Bureau of Alcohol, Tobacco and Firearms (ATF). That report
analyzed 1,530 trafficking investigations during the period
July 1996 through December 1998, involving a total of 84,128
diverted firearms.
(c) States that have enacted laws: (1) requiring background
checks before all gun sales, (2) requiring the reporting of

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

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

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sellers is currently inadequate to protect public safety.
Although federal law requires firearms dealers to obtain a
license from ATF, ATF does not have the resources or authority
to properly oversee the more than 60,000 firearms dealers,
manufacturers, collectors and others that it licenses. Between
1975 and 2005, ATF revoked, on average, fewer than 20 federal
firearms licenses per year. The Office of the Inspector General
has concluded that inspections by ATF are not fully effective
for ensuring that licensees comply with federal firearms laws.
The number of ATF agents "2,500" has not changed since 1972.
During the same period of time, the staffs of other government
agencies have increased dramatically. As a result of inadequate
staffing, ATF was able to inspect less than 10% of FFLs in 2009
and, on average, dealers are inspected only once a decade.
(i) FFLs are a major source of trafficked firearms. ATF's
June 2000 report found that FFLs were associated with the
largest number of trafficked guns, over 40,000, and concluded
that "FFLs' access to large numbers of firearms makes them a
particular threat to public safety when they fail to comply
with the law." In 1998, ATF found that 56% of randomly
inspected dealers and 30% of pawnbrokers selling 50 or more
guns had violated federal firearms law. In addition, during
fiscal year 2007, ATF found over 30,000 firearms missing from
licensees' inventories with no record of sale.
(j) According to a 1998 ATF random sample of FFLs
nationwide, 56% of all firearms dealers operated out of their

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

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

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

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demonstrate compliance with this Act, including:
(A) the applicant's full name and any other name by
which the applicant has ever been known;
(B) the home address and telephone number of the
applicant;
(C) the present occupation, business address and
business telephone number of the applicant;
(D) the license or permit numbers of all federal,
state, or local licenses or permits held by the
applicant that authorize the applicant to sell, lease,
or otherwise transfer firearms or ammunition, if any;
(E) information relating to every other license or
permit to sell, lease, transfer, purchase, or possess
firearms or ammunition which was sought by the
applicant from the federal government or from any state
or subdivision of any state, including, but not limited
to, the type of license or permit sought, the date of
each application and whether it resulted in the
issuance of the license or permit, and the date and
circumstances of any revocation or suspension;
(F) the address of the proposed location for which
the permit is sought, if different than applicant's
business address;
(G) the business name, and the name of any
corporation, partnership or other entity that has any
ownership in, or control over, the business;

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

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(b) The Department may charge a fee to cover the
administrative costs of the issuance of the permit.
Section 25. Investigation by Department and employee
background checks.
(a) The Department shall conduct an investigation to
determine, for the protection of public health and safety,
whether the dealer permit may be issued or renewed. The
Department shall require: (1) the applicant; and (2) all
persons who will have access to or control of workplace
firearms or ammunition, including but not limited to the
applicant's employees, agents or supervisors, or both, if any,
to provide fingerprints, a recent photograph, a signed
authorization for the release of pertinent records, and any
additional information which the Department considers
necessary to complete the investigation. The investigation
shall include the initiation and completion of an automated
search of the Department's 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 information that would disqualify a person from a
dealer permit under this Act.
(b) Prior to issuance or renewal of the dealer permit, the
Department shall inspect the premises of the proposed business

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

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

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

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

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

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

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(c) The Department shall adopt standards specifying
minimum security requirements for permittees. By January 1,
2015, all permittees shall comply with the standards. Failure
to fully comply with the security requirements imposed by the
Department shall be sufficient cause for denial or revocation
of the permit by the Department. The standards may provide for:
(1) the manner of securing firearms and ammunition when
the location is both open and closed for business;
(2) alarm systems for permittees; and
(3) other reasonable requirements to reduce the risk of
burglaries and other crimes or accidents at permittees'
business establishments.
Section 75. Location of business premises.
(a) The business of a permittee shall be carried on only in
the building located at the street address shown on the permit.
This requirement does not prohibit the permittee from
participating in a gun show or event as defined under federal
law that is authorized by federal, state, or local law upon
compliance with those laws.
(b) The business premises shall not be located in any
district or area that is zoned for residential use, or within
1,000 feet of any school, pre-school, day-care facility, park,
community center, place of worship, liquor store, bar, youth
center, video arcade, amusement park (not including a temporary
carnival or similar event), or residentially zoned district or

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area.
Section 80. Warnings to consumers. The Department may
require permittees to post warnings or otherwise provide
information to consumers regarding firearms laws and the safe
storage of firearms. A permittee shall post any warnings or
provide any information to consumers as required by the
Department.
Section 85. Precautions against illegal sales.
(a) The permittee shall refuse to sell or transfer a
firearm to any person the permittee knows or has reason to know
is purchasing the firearm on behalf of another person, unless
the person purchasing the firearm from the permittee is another
permittee.
(b) The permittee shall refuse to sell or transfer a
firearm to any person the permittee knows or has reason to know
is purchasing the firearm with the intent to resell or transfer
the firearm in violation of federal, State, or local law.
(c) The permittee shall refuse to sell or transfer a
firearm to any person who has provided a home address in a
municipality or county in which possession of that type of
firearm is illegal, unless the transferee presents reasonably
satisfactory evidence that the firearm will not be used or
possessed unlawfully in that municipality or county.
(d) The permittee shall refuse to sell or transfer a

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firearm to any person who has provided a home address in a
municipality or county that requires a license for or
registration of the firearm, unless the purchaser presents
satisfactory evidence of compliance with the licensing or
registration requirement.
Section 90. Penalty. Any person who engages in the business
of selling, leasing, or otherwise transferring firearms or
ammunition without a dealer permit as required by this Act is
guilty of a Class 4 felony.
Section 95. Enforcement; rulemaking.
(a) This Act must be enforced by the Department, and may be
enforced, for the purpose of determining compliance with this
Act, by any municipality in which the licensee is located or,
if the licensee is not located in a municipality, by the county
in which the licensee is located.
(b) The Department shall adopt rules necessary for the
implementation and administration of this Act.
Section 100. The Firearm Owners Identification Card Act is
amended by changing Sections 3, 3.1, and 8 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,

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firearm ammunition, stun gun, or taser to any person within
this State unless the transferee with whom he deals displays a
currently valid Firearm Owner's Identification Card which has
previously been issued in his name by the Department of State
Police under the provisions of this 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 permittee under the Prevention of Gun Trafficking Act
and who desires to transfer or sell a firearm to another
person, who is not a firearms dealer permittee under that Act,
shall do so only through a firearms dealer permittee, as
follows:
(1) the seller or other transferor shall deliver the
firearm to the permittee, who shall retain possession of
the firearm until all legal requirements for the sale or
other transfer have been met, including compliance with any
State or local waiting periods;
(2) the permittee shall process the sale or other
transfer as if he or she were the seller or other
transferor. The permittee shall comply with all
requirements of federal, State, and local law that would
apply if he or she were the seller or other transferor of
the firearm;
(3) the permittee shall conduct a background check on
the purchaser or other transferee in accordance with 18

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

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

HB2592 - 23 - LRB098 08846 RLC 38975 b
within the preceding 60 days. At the end of the 60-day
period, the person must either have lawfully transferred
the firearm or must have contacted the department of state
police to notify the department that he or she has
possession of the firearm and intends to retain possession
of the firearm, in compliance with all federal, state and
local laws, at which time the Department of State Police
shall conduct a background check on the person; or
(9) an adult family member of the lawful owner of the
firearm if the owner resides with the family member but is
not currently present in the residence, provided that the
family member does not maintain control over the firearm
for more than 14 consecutive days. This exception shall not
apply if the owner or the family member knows or has
reasonable cause to believe that federal, State, or local
law prohibits the family member from purchasing or
possessing firearms, or the owner knows or has reasonable
cause to believe that the family member is likely to use
the firearm for unlawful purposes. 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
recipient of the firearm in accordance with Section 3.1.
(b) Any person within this State who transfers or causes to
be transferred any firearm, stun gun, or taser shall keep a

HB2592 - 24 - LRB098 08846 RLC 38975 b
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. 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 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
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.

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(Source: P.A. 97-1135, eff. 12-4-12.)
(430 ILCS 65/3.1) (from Ch. 38, par. 83-3.1)
Sec. 3.1. Dial up system.
(a) The Department of 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 under the provisions of this Act. The
Department of State Police may utilize existing technology
which allows the caller to be charged a fee not to exceed $2.
Fees collected by the Department of State Police shall be
deposited in the State Police 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
Department of 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 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. In conducting the inquiry, the Department of 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

HB2592 - 26 - LRB098 08846 RLC 38975 b
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 hospitalization information which would disqualify a
person from obtaining or require revocation of a currently
valid Firearm Owner's Identification Card.
(c) If receipt of a firearm would not violate Section 24-3
of the Criminal Code of 2012, federal law, or this Act the
Department of 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 Department of State Police for
the purchase of a firearm are valid for 30 days from the date
of issue.
(e) (1) The Department of State Police must act as the
Illinois Point of Contact for the National Instant Criminal
Background Check System.
(2) The Department of State Police and the Department of
Human Services shall, in accordance with State and federal law
regarding confidentiality, enter into a memorandum of
understanding with the Federal Bureau of Investigation for the
purpose of implementing the National Instant Criminal
Background Check System in the State. The Department of State
Police shall report the name, date of birth, and physical

HB2592 - 27 - LRB098 08846 RLC 38975 b
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.
(f) The Department of State Police shall promulgate rules
not inconsistent with this Section to implement this system.
(g) The Department of State Police shall develop an
Internet-based system which shall be used by any dealer who is
to transfer a firearm under the provisions of this Act after
January 1, 2015. The Department of State Police shall have the
system completed and available for use by that date. The
Department shall promulgate rules not inconsistent with this
Section to implement this system.
(h) Effective January 1, 2015, the Internet-based system
shall be used for every sale or transfer of a firearm subject
to subsection (a-5) of Section 3 of this Act as follows:
(1) The federally licensed firearms dealer shall
utilize the Internet-based system system to request the
Department of State Police to conduct a background check
prior to sale or transfer of a firearm. The dealer shall be
required to enter all information that is required by
federal firearms transaction form 4473 into the system in
order to request a background check, along with the
transferee's Firearm Owner's Identification Card number.
if the sale or transfer is a private party transfer of a
firearm that the dealer is processing under Section 3, the

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

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

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

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

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

HB2592 - 33 - LRB098 08846 RLC 38975 b
committed by an adult would be a felony;
(p) An adult who had been adjudicated a delinquent minor
under the Juvenile Court Act of 1987 for the commission of an
offense that if committed by an adult would be a felony; or
(q) A person who is not a resident of the State of
Illinois, except as provided in subsection (a-10) of Section 4.
(r) The Department of State Police may revoke and seize a
Firearm Owner's Identification Card previously issued under
this Act of a person who fails to report the loss or theft of a
firearm a second time to the local law enforcement agency
within 72 hours after obtaining knowledge of the second loss or
theft.
(Source: P.A. 96-701, eff. 1-1-10; 97-158, eff. 1-1-12; 97-227,
eff. 1-1-12; 97-813, eff. 7-13-12; 97-1131, eff. 1-1-13.)
Section 105. The Criminal Code of 2012 is amended by
changing Sections 24-3 and 24-3.5 and by adding Sections
24-3.1A, 24-4.1 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
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

HB2592 - 34 - LRB098 08846 RLC 38975 b
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 hospital within the past 5
years.
(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

HB2592 - 35 - LRB098 08846 RLC 38975 b
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
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

HB2592 - 36 - LRB098 08846 RLC 38975 b
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
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

HB2592 - 37 - LRB098 08846 RLC 38975 b
person who does not display to the seller or transferor of
the firearm 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. 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) if the
transferor is licensed as a federal firearms dealer under
Section 923 of the federal Gun Control Act of 1968 (18
U.S.C. 923), an approval number issued in accordance with
Section 3.1 of the Firearm Owners Identification Card Act
shall be proof that the Firearm Owner's Identification Card
was valid.
(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) Transfers or possesses with intent to transfer a
firearm to another person who is not a firearms dealer

HB2592 - 38 - LRB098 08846 RLC 38975 b
permittee under the Prevention of Gun trafficking Act,
without complying with subsection a-5 of Section 3 of the
Firearm Owners Identification Card Act by conducting the
transfer through a firearms dealer permittee. This
paragraph (m) does not apply to a firearms dealer
permittee, or any of the persons listed as exceptions in
subsection (a-5) of Section 3 of the Firearm Owners
Identification Card 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) 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

HB2592 - 39 - LRB098 08846 RLC 38975 b
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 years.
(5) Any person convicted of unlawful sale or delivery
of firearms in violation of paragraph (a) or (i) of

HB2592 - 40 - LRB098 08846 RLC 38975 b
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. 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

HB2592 - 41 - LRB098 08846 RLC 38975 b
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
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

HB2592 - 42 - LRB098 08846 RLC 38975 b
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.
(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

HB2592 - 43 - LRB098 08846 RLC 38975 b
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. 96-190, eff. 1-1-10; 97-227, eff. 1-1-12; 97-347,
eff. 1-1-12; 97-813, eff. 7-13-12.)
(720 ILCS 5/24-3.1A new)
Sec. 24-3.1A. Unlawful private acquisition of firearms.
(a) It is unlawful for any person who is not a firearms
dealer permittee under the Prevention of Gun Trafficking Act to
acquire a firearm from another person who is not a firearms
dealer permittee , without with complying with subsection (a-5)
of Section 3 of the Firearm Owners Identification Card Act by
conducting the transfer through a firearms dealer permittee.
(b) This section does not apply to the persons listed as
exceptions in subsection (a-5) of section 3 of the firearm
Owners Identification Card Act.
(c) A violation of this Section is a Class 4 felony for a
first offense and a Class 3 felony for a second or subsequent
offense.
(720 ILCS 5/24-3.5)
Sec. 24-3.5. Unlawful purchase of a firearm.
(a) For purposes of this Section, "firearms transaction
record form" means a form:

HB2592 - 44 - LRB098 08846 RLC 38975 b
(1) executed by a transferee of a firearm stating: (i)
the transferee's name and address (including county or
similar political subdivision); (ii) whether the
transferee is a citizen of the United States; (iii) the
transferee's State of residence; and (iv) the date and
place of birth, height, weight, and race of the transferee;
and
(2) on which the transferee certifies that he or she is
not prohibited by federal law from transporting or shipping
a firearm in interstate or foreign commerce or receiving a
firearm that has been shipped or transported in interstate
or foreign commerce or possessing a firearm in or affecting
commerce.
(b) A person commits the offense of unlawful purchase of a
firearm who knowingly purchases or attempts to purchase a
firearm with the intent to deliver that firearm to another
person who is prohibited by federal or State law from
possessing a firearm.
(c) A person commits the offense of unlawful purchase of a
firearm when he or she, in purchasing or attempting to purchase
a firearm, intentionally provides false or misleading
information on a United States Department of the Treasury,
Bureau of Alcohol, Tobacco and Firearms firearms transaction
record form.
(c-5) A person commits the offense of unlawful purchase of
a firearm who knowingly purchases or attempts to purchase a

HB2592 - 45 - LRB098 08846 RLC 38975 b
firearm with the intent to resell or transfer the firearm in
violation of federal, State or local law.
(d) Exemption. It is not a violation of subsection (b) of
this Section for a person to make a gift or loan of a firearm to
a person who is not prohibited by federal or State law from
possessing a firearm if the transfer of the firearm is made in
accordance with Section 3 of the Firearm Owners Identification
Card Act.
(e) Sentence.
(1) A person who commits the offense of unlawful
purchase of a firearm:
(A) is guilty of a Class 2 felony for purchasing or
attempting to purchase one firearm;
(B) is guilty of a Class 1 felony for purchasing or
attempting to purchase not less than 2 firearms and not
more than 5 firearms at the same time or within a one
year period;
(C) is guilty of a Class X felony for which the
offender shall be sentenced to a term of imprisonment
of not less than 9 years and not more than 40 years for
purchasing or attempting to purchase not less than 6
firearms at the same time or within a 2 year period.
(2) In addition to any other penalty that may be
imposed for a violation of this Section, the court may
sentence a person convicted of a violation of subsection
(c) of this Section to a fine not to exceed $250,000 for

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

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