Bill Text: IL SB1879 | 2019-2020 | 101st General Assembly | Introduced
Bill Title: Amends the Firearm Dealer License Certification Act. Provides that the Act does not apply to any person, firm, corporation, or other entity who has been given, and is currently in possession of, a valid Federal Firearms License, during all State approved activities held at the World Shooting and Recreational Complex. Amends the Firearm Owners Identification Card Act and the Criminal Code of 2012 to make technical changes. Effective immediately.
Spectrum: Moderate Partisan Bill (Republican 4-1)
Status: (Failed) 2021-01-13 - Session Sine Die [SB1879 Detail]
Download: Illinois-2019-SB1879-Introduced.html
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1 | AN ACT concerning firearms.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Firearm Owners Identification Card Act is | |||||||||||||||||||||||||
5 | amended by changing Sections 1.1 and 3a as follows:
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6 | (430 ILCS 65/1.1) (from Ch. 38, par. 83-1.1)
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7 | Sec. 1.1. For purposes of this Act:
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8 | "Addicted to narcotics" means a person who has been: | |||||||||||||||||||||||||
9 | (1) convicted of an offense involving the use or | |||||||||||||||||||||||||
10 | possession of cannabis, a controlled substance, or | |||||||||||||||||||||||||
11 | methamphetamine within the past year; or | |||||||||||||||||||||||||
12 | (2) determined by the Department of State Police to be | |||||||||||||||||||||||||
13 | addicted to narcotics based upon federal law or federal | |||||||||||||||||||||||||
14 | guidelines. | |||||||||||||||||||||||||
15 | "Addicted to narcotics" does not include possession or use | |||||||||||||||||||||||||
16 | of a prescribed controlled substance under the direction and | |||||||||||||||||||||||||
17 | authority of a physician or other person authorized to | |||||||||||||||||||||||||
18 | prescribe the controlled substance when the controlled | |||||||||||||||||||||||||
19 | substance is used in the prescribed manner. | |||||||||||||||||||||||||
20 | "Adjudicated as a person with a mental disability" means | |||||||||||||||||||||||||
21 | the person is the subject of a determination by a court, board, | |||||||||||||||||||||||||
22 | commission or other lawful authority that the person, as a | |||||||||||||||||||||||||
23 | result of marked subnormal intelligence, or mental illness, |
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1 | mental impairment, incompetency, condition, or disease: | ||||||
2 | (1) presents a clear and present danger to himself, | ||||||
3 | herself, or to others; | ||||||
4 | (2) lacks the mental capacity to manage his or her own | ||||||
5 | affairs or is adjudicated a person with a disability as | ||||||
6 | defined in Section 11a-2 of the Probate Act of 1975; | ||||||
7 | (3) is not guilty in a criminal case by reason of | ||||||
8 | insanity, mental disease or defect; | ||||||
9 | (3.5) is guilty but mentally ill, as provided in | ||||||
10 | Section 5-2-6 of the Unified Code of Corrections; | ||||||
11 | (4) is incompetent to stand trial in a criminal case; | ||||||
12 | (5) is not guilty by reason of lack of mental | ||||||
13 | responsibility under Articles 50a and 72b of the Uniform | ||||||
14 | Code of Military Justice, 10 U.S.C. 850a, 876b;
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15 | (6) is a sexually violent person under subsection (f) | ||||||
16 | of Section 5 of the Sexually Violent Persons Commitment | ||||||
17 | Act; | ||||||
18 | (7) is a sexually dangerous person under the Sexually | ||||||
19 | Dangerous Persons Act; | ||||||
20 | (8) is unfit to stand trial under the Juvenile Court | ||||||
21 | Act of 1987; | ||||||
22 | (9) is not guilty by reason of insanity under the | ||||||
23 | Juvenile Court Act of 1987; | ||||||
24 | (10) is subject to involuntary admission as an | ||||||
25 | inpatient as defined in Section 1-119 of the Mental Health | ||||||
26 | and Developmental Disabilities Code; |
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1 | (11) is subject to involuntary admission as an | ||||||
2 | outpatient as defined in Section 1-119.1 of the Mental | ||||||
3 | Health and Developmental Disabilities Code; | ||||||
4 | (12) is subject to judicial admission as set forth in | ||||||
5 | Section 4-500 of the Mental Health and Developmental | ||||||
6 | Disabilities Code; or | ||||||
7 | (13) is subject to the provisions of the Interstate | ||||||
8 | Agreements on Sexually Dangerous Persons Act. | ||||||
9 | "Clear and present danger" means a person who: | ||||||
10 | (1) communicates a serious threat of physical violence | ||||||
11 | against a reasonably identifiable victim or poses a clear | ||||||
12 | and imminent risk of serious physical injury to himself, | ||||||
13 | herself, or another person as determined by a physician, | ||||||
14 | clinical psychologist, or qualified examiner; or | ||||||
15 | (2) demonstrates threatening physical or verbal | ||||||
16 | behavior, such as violent, suicidal, or assaultive | ||||||
17 | threats, actions, or other behavior, as determined by a | ||||||
18 | physician, clinical psychologist, qualified examiner, | ||||||
19 | school administrator, or law enforcement official. | ||||||
20 | "Clinical psychologist" has the meaning provided in | ||||||
21 | Section 1-103 of the Mental Health and Developmental | ||||||
22 | Disabilities Code. | ||||||
23 | "Controlled substance" means a controlled substance or | ||||||
24 | controlled substance analog as defined in the Illinois | ||||||
25 | Controlled Substances Act. | ||||||
26 | "Counterfeit" means to copy or imitate, without legal |
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1 | authority, with
intent
to deceive. | ||||||
2 | "Federally licensed firearm dealer" means a person who is | ||||||
3 | licensed as a federal firearms dealer under Section 923 of the | ||||||
4 | federal Gun Control Act of 1968 (18 U.S.C. 923).
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5 | "Firearm" means any device, by
whatever name known, which | ||||||
6 | is designed to expel a projectile or projectiles
by the action | ||||||
7 | of an explosion, expansion of gas or escape of gas; excluding,
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8 | however:
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9 | (1) any pneumatic gun, spring gun, paint ball gun, or | ||||||
10 | B-B gun which
expels a single globular projectile not | ||||||
11 | exceeding .18 inch in
diameter or which has a maximum | ||||||
12 | muzzle velocity of less than 700 feet
per second;
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13 | (1.1) any pneumatic gun, spring gun, paint ball gun, or | ||||||
14 | B-B gun which expels breakable paint balls containing | ||||||
15 | washable marking colors; | ||||||
16 | (2) any device used exclusively for signalling or | ||||||
17 | safety and required or
recommended by the United States | ||||||
18 | Coast Guard or the Interstate Commerce
Commission;
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19 | (3) any device used exclusively for the firing of stud | ||||||
20 | cartridges,
explosive rivets or similar industrial | ||||||
21 | ammunition; and
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22 | (4) an antique firearm (other than a machine-gun) | ||||||
23 | which, although
designed as a weapon, the Department of | ||||||
24 | State Police finds by reason of
the date of its | ||||||
25 | manufacture, value, design, and other characteristics is
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26 | primarily a collector's item and is not likely to be used |
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1 | as a weapon.
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2 | "Firearm ammunition" means any self-contained cartridge or | ||||||
3 | shotgun
shell, by whatever name known, which is designed to be | ||||||
4 | used or adaptable to
use in a firearm; excluding, however:
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5 | (1) any ammunition exclusively designed for use with a | ||||||
6 | device used
exclusively for signalling or safety and | ||||||
7 | required or recommended by the
United States Coast Guard or | ||||||
8 | the Interstate Commerce Commission; and
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9 | (2) any ammunition designed exclusively for use with a | ||||||
10 | stud or rivet
driver or other similar industrial | ||||||
11 | ammunition. | ||||||
12 | "Gun show" means an event or function: | ||||||
13 | (1) at which the sale and transfer of firearms is the | ||||||
14 | regular and normal course of business and where 50 or more | ||||||
15 | firearms are displayed, offered, or exhibited for sale, | ||||||
16 | transfer, or exchange; or | ||||||
17 | (2) at which not less than 10 gun show vendors display, | ||||||
18 | offer, or exhibit for sale, sell, transfer, or exchange | ||||||
19 | firearms.
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20 | "Gun show" includes the entire premises provided for an | ||||||
21 | event or function, including parking areas for the event or | ||||||
22 | function, that is sponsored to facilitate the purchase, sale, | ||||||
23 | transfer, or exchange of firearms as described in this Section.
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24 | Nothing in this definition shall be construed to exclude a gun | ||||||
25 | show held in conjunction with competitive shooting events at | ||||||
26 | the World Shooting and Recreational Complex sanctioned by a |
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1 | national governing body in which the sale or transfer of | ||||||
2 | firearms is authorized under subparagraph (5) of paragraph (g) | ||||||
3 | of subsection (A) of Section 24-3 of the Criminal Code of 2012. | ||||||
4 | Unless otherwise expressly stated, "gun show" does not | ||||||
5 | include training or safety classes, competitive shooting | ||||||
6 | events, such as rifle, shotgun, or handgun matches, trap, | ||||||
7 | skeet, or sporting clays shoots, dinners, banquets, raffles, or
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8 | any other event where the sale or transfer of firearms is not | ||||||
9 | the primary course of business. | ||||||
10 | "Gun show promoter" means a person who organizes or | ||||||
11 | operates a gun show. | ||||||
12 | "Gun show vendor" means a person who exhibits, sells, | ||||||
13 | offers for sale, transfers, or exchanges any firearms at a gun | ||||||
14 | show, regardless of whether the person arranges with a gun show | ||||||
15 | promoter for a fixed location from which to exhibit, sell, | ||||||
16 | offer for sale, transfer, or exchange any firearm. | ||||||
17 | "Involuntarily admitted" has the meaning as prescribed in | ||||||
18 | Sections 1-119 and 1-119.1 of the Mental Health and | ||||||
19 | Developmental Disabilities Code. | ||||||
20 | "Mental health facility" means any licensed private | ||||||
21 | hospital or hospital affiliate, institution, or facility, or | ||||||
22 | part thereof, and any facility, or part thereof, operated by | ||||||
23 | the State or a political subdivision thereof which provide | ||||||
24 | treatment of persons with mental illness and includes all | ||||||
25 | hospitals, institutions, clinics, evaluation facilities, | ||||||
26 | mental health centers, colleges, universities, long-term care |
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1 | facilities, and nursing homes, or parts thereof, which provide | ||||||
2 | treatment of persons with mental illness whether or not the | ||||||
3 | primary purpose is to provide treatment of persons with mental | ||||||
4 | illness. | ||||||
5 | "National governing body" means a group of persons who | ||||||
6 | adopt rules and formulate policy on behalf of a national | ||||||
7 | firearm sporting organization. | ||||||
8 | "Patient" means: | ||||||
9 | (1) a person who is admitted as an inpatient or | ||||||
10 | resident of a public or private mental health facility for | ||||||
11 | mental health treatment under Chapter III of the Mental | ||||||
12 | Health and Developmental Disabilities Code as an informal | ||||||
13 | admission, a voluntary admission, a minor admission, an | ||||||
14 | emergency admission, or an involuntary admission, unless | ||||||
15 | the treatment was solely for an alcohol abuse disorder; or | ||||||
16 | (2) a person who voluntarily or involuntarily receives | ||||||
17 | mental health treatment as an out-patient or is otherwise | ||||||
18 | provided services by a public or private mental health | ||||||
19 | facility, and who poses a clear and present danger to | ||||||
20 | himself, herself, or to others. | ||||||
21 | "Person with a developmental disability" means a person | ||||||
22 | with a disability which is attributable to any other condition | ||||||
23 | which results in impairment similar to that caused by an | ||||||
24 | intellectual disability and which requires services similar to | ||||||
25 | those required by persons with intellectual disabilities. The | ||||||
26 | disability must originate before the age of 18
years, be |
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1 | expected to continue indefinitely, and constitute a | ||||||
2 | substantial disability. This disability results, in the | ||||||
3 | professional opinion of a physician, clinical psychologist, or | ||||||
4 | qualified examiner, in significant functional limitations in 3 | ||||||
5 | or more of the following areas of major life activity: | ||||||
6 | (i) self-care; | ||||||
7 | (ii) receptive and expressive language; | ||||||
8 | (iii) learning; | ||||||
9 | (iv) mobility; or | ||||||
10 | (v) self-direction. | ||||||
11 | "Person with an intellectual disability" means a person | ||||||
12 | with a significantly subaverage general intellectual | ||||||
13 | functioning which exists concurrently with impairment in | ||||||
14 | adaptive behavior and which originates before the age of 18 | ||||||
15 | years. | ||||||
16 | "Physician" has the meaning as defined in Section 1-120 of | ||||||
17 | the Mental Health and Developmental Disabilities Code. | ||||||
18 | "Qualified examiner" has the meaning provided in Section | ||||||
19 | 1-122 of the Mental Health and Developmental Disabilities Code. | ||||||
20 | "Sanctioned competitive shooting event" means a shooting | ||||||
21 | contest officially recognized by a national or state shooting | ||||||
22 | sport association, and includes any sight-in or practice | ||||||
23 | conducted in conjunction with the event.
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24 | "School administrator" means the person required to report | ||||||
25 | under the School Administrator Reporting of Mental Health Clear | ||||||
26 | and Present Danger Determinations Law. |
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1 | "Stun gun or taser" has the meaning ascribed to it in | ||||||
2 | Section 24-1 of the Criminal Code of 2012. | ||||||
3 | (Source: P.A. 99-29, eff. 7-10-15; 99-143, eff. 7-27-15; | ||||||
4 | 99-642, eff. 7-28-16; 100-906, eff. 1-1-19 .)
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5 | (430 ILCS 65/3a) (from Ch. 38, par. 83-3a)
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6 | Sec. 3a. (a) Any resident of Illinois who has obtained a | ||||||
7 | firearm
owner's identification card pursuant to this Act and | ||||||
8 | who is not otherwise
prohibited from obtaining, possessing or | ||||||
9 | using a firearm may purchase or
obtain a rifle or shotgun or | ||||||
10 | ammunition for a rifle or shotgun in Iowa,
Missouri, Indiana, | ||||||
11 | Wisconsin or Kentucky.
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12 | (b) Any resident of Iowa, Missouri, Indiana, Wisconsin or | ||||||
13 | Kentucky
or a
non-resident with a valid non-resident hunting | ||||||
14 | license, who
is 18 years of age or older and who is not | ||||||
15 | prohibited by the laws of
Illinois, the state of his domicile, | ||||||
16 | or the United States from obtaining,
possessing or using a | ||||||
17 | firearm, may purchase or obtain a rifle,
shotgun or
ammunition | ||||||
18 | for a rifle or shotgun in Illinois.
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19 | (b-5) Any non-resident who is participating in a sanctioned | ||||||
20 | competitive
shooting
event, who is 18 years of age or older and | ||||||
21 | who is not prohibited by the laws of
Illinois,
the state of his | ||||||
22 | or her domicile, or the United States from obtaining,
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23 | possessing, or using
a firearm, may purchase or obtain a | ||||||
24 | shotgun or shotgun ammunition in Illinois
for the
purpose of | ||||||
25 | participating in that event. A person may purchase or obtain a
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1 | shotgun or
shotgun ammunition under this subsection only at the | ||||||
2 | site where the sanctioned
competitive shooting event is being | ||||||
3 | held.
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4 | (b-10) Any non-resident registered competitor or attendee | ||||||
5 | of a competitive shooting
event held at the World Shooting and | ||||||
6 | Recreational Complex sanctioned by a national governing
body, | ||||||
7 | who is not prohibited by the laws of Illinois, the state of his | ||||||
8 | or her
domicile, or the United States from obtaining, | ||||||
9 | possessing, or using a firearm
may purchase or obtain a rifle, | ||||||
10 | shotgun, or other long gun or ammunition for
a rifle, shotgun, | ||||||
11 | or other long gun at the competitive shooting event. The
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12 | sanctioning body shall provide a list of registered competitors | ||||||
13 | and attendees as required
under subparagraph (5) of paragraph | ||||||
14 | (g) of subsection (A) of Section 24-3 of the Criminal Code of | ||||||
15 | 2012. A competitor or attendee of a competitive shooting event | ||||||
16 | who does not wish to
purchase a firearm at the event is not | ||||||
17 | required to register or have his or her name
appear on a list | ||||||
18 | of registered competitors and attendees provided to the | ||||||
19 | Department of State
Police by the sanctioning body. | ||||||
20 | (c) Any transaction under this Section is subject to the | ||||||
21 | provisions of
the Gun Control Act of 1968 (18 U.S.C. 922 | ||||||
22 | (b)(3)).
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23 | (Source: P.A. 99-29, eff. 7-10-15.)
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24 | Section 10. The Firearm Dealer License Certification Act is | ||||||
25 | amended by adding Section 5-125 as follows:
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1 | (430 ILCS 68/5-125 new) | ||||||
2 | Sec. 5-125. World Shooting and Recreational Complex. | ||||||
3 | This Act shall not apply to any person, firm, corporation, | ||||||
4 | or other entity who has been given, and is currently in | ||||||
5 | possession of, a valid Federal Firearms License, during all | ||||||
6 | State approved activities held at the World Shooting and | ||||||
7 | Recreational Complex.
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8 | Section 15. The Criminal Code of 2012 is amended by | ||||||
9 | changing Section 24-3 as follows:
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10 | (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
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11 | Sec. 24-3. Unlawful sale or delivery of firearms.
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12 | (A) A person commits the offense of unlawful sale or | ||||||
13 | delivery of firearms when he
or she knowingly does any of the | ||||||
14 | following:
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15 | (a) Sells or gives any firearm of a size which may be | ||||||
16 | concealed upon the
person to any person under 18 years of | ||||||
17 | age.
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18 | (b) Sells or gives any firearm to a person under 21 | ||||||
19 | years of age who has
been convicted of a misdemeanor other | ||||||
20 | than a traffic offense or adjudged
delinquent.
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21 | (c) Sells or gives any firearm to any narcotic addict.
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22 | (d) Sells or gives any firearm to any person who has | ||||||
23 | been convicted of a
felony under the laws of this or any |
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1 | other jurisdiction.
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2 | (e) Sells or gives any firearm to any person who has | ||||||
3 | been a patient in a
mental institution within the past 5 | ||||||
4 | years. In this subsection (e): | ||||||
5 | "Mental institution" means any hospital, | ||||||
6 | institution, clinic, evaluation facility, mental | ||||||
7 | health center, or part thereof, which is used primarily | ||||||
8 | for the care or treatment of persons with mental | ||||||
9 | illness. | ||||||
10 | "Patient in a mental institution" means the person | ||||||
11 | was admitted, either voluntarily or involuntarily, to | ||||||
12 | a mental institution for mental health treatment, | ||||||
13 | unless the treatment was voluntary and solely for an | ||||||
14 | alcohol abuse disorder and no other secondary | ||||||
15 | substance abuse disorder or mental illness.
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16 | (f) Sells or gives any firearms to any person who is a | ||||||
17 | person with an intellectual disability.
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18 | (g) Delivers any firearm, incidental to a sale, without | ||||||
19 | withholding delivery of the firearm
for at least 72 hours | ||||||
20 | after application for its purchase has been made, or
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21 | delivers a stun gun or taser, incidental to a sale,
without | ||||||
22 | withholding delivery of the stun gun or taser for
at least | ||||||
23 | 24 hours after application for its purchase has been made.
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24 | However,
this paragraph (g) does not apply to: (1) the sale | ||||||
25 | of a firearm
to a law enforcement officer if the seller of | ||||||
26 | the firearm knows that the person to whom he or she is |
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1 | selling the firearm is a law enforcement officer or the | ||||||
2 | sale of a firearm to a person who desires to purchase a | ||||||
3 | firearm for
use in promoting the public interest incident | ||||||
4 | to his or her employment as a
bank guard, armed truck | ||||||
5 | guard, or other similar employment; (2) a mail
order sale | ||||||
6 | of a firearm from a federally licensed firearms dealer to a | ||||||
7 | nonresident of Illinois under which the firearm
is mailed | ||||||
8 | to a federally licensed firearms dealer outside the | ||||||
9 | boundaries of Illinois; (3) (blank); (4) the sale of a
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10 | firearm to a dealer licensed as a federal firearms dealer | ||||||
11 | under Section 923
of the federal Gun Control Act of 1968 | ||||||
12 | (18 U.S.C. 923); or (5) the transfer or sale of any rifle, | ||||||
13 | shotgun, or other long gun to a resident registered | ||||||
14 | competitor or attendee or non-resident registered | ||||||
15 | competitor or attendee by any dealer licensed as a federal | ||||||
16 | firearms dealer under Section 923 of the federal Gun | ||||||
17 | Control Act of 1968 at competitive shooting events held at | ||||||
18 | the World Shooting and Recreational Complex sanctioned by a | ||||||
19 | national governing body. For purposes of transfers or sales | ||||||
20 | under subparagraph (5) of this paragraph (g), the | ||||||
21 | Department of Natural Resources shall give notice to the | ||||||
22 | Department of State Police at least 30 calendar days prior | ||||||
23 | to any competitive shooting events at the World Shooting | ||||||
24 | and Recreational Complex sanctioned by a national | ||||||
25 | governing body. The notification shall be made on a form | ||||||
26 | prescribed by the Department of State Police. The |
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1 | sanctioning body shall provide a list of all registered | ||||||
2 | competitors and attendees at least 24 hours before the | ||||||
3 | events to the Department of State Police. Any changes to | ||||||
4 | the list of registered competitors and attendees shall be | ||||||
5 | forwarded to the Department of State Police as soon as | ||||||
6 | practicable. The Department of State Police must destroy | ||||||
7 | the list of registered competitors and attendees no later | ||||||
8 | than 30 days after the date of the event. Nothing in this | ||||||
9 | paragraph (g) relieves a federally licensed firearm dealer | ||||||
10 | from the requirements of conducting a NICS background check | ||||||
11 | through the Illinois Point of Contact under 18 U.S.C. | ||||||
12 | 922(t). For purposes of this paragraph (g), "application" | ||||||
13 | means when the buyer and seller reach an agreement to | ||||||
14 | purchase a firearm.
For purposes of this paragraph (g), | ||||||
15 | "national governing body" means a group of persons who | ||||||
16 | adopt rules and formulate policy on behalf of a national | ||||||
17 | firearm sporting organization.
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18 | (h) While holding any license
as a dealer,
importer, | ||||||
19 | manufacturer or pawnbroker
under the federal Gun Control | ||||||
20 | Act of 1968,
manufactures, sells or delivers to any | ||||||
21 | unlicensed person a handgun having
a barrel, slide, frame | ||||||
22 | or receiver which is a die casting of zinc alloy or
any | ||||||
23 | other nonhomogeneous metal which will melt or deform at a | ||||||
24 | temperature
of less than 800 degrees Fahrenheit. For | ||||||
25 | purposes of this paragraph, (1)
"firearm" is defined as in | ||||||
26 | the Firearm Owners Identification Card Act; and (2)
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1 | "handgun" is defined as a firearm designed to be held
and | ||||||
2 | fired by the use of a single hand, and includes a | ||||||
3 | combination of parts from
which such a firearm can be | ||||||
4 | assembled.
| ||||||
5 | (i) Sells or gives a firearm of any size to any person | ||||||
6 | under 18 years of
age who does not possess a valid Firearm | ||||||
7 | Owner's Identification Card.
| ||||||
8 | (j) Sells or gives a firearm while engaged in the | ||||||
9 | business of selling
firearms at wholesale or retail without | ||||||
10 | being licensed as a federal firearms
dealer under Section | ||||||
11 | 923 of the federal Gun Control Act of 1968 (18 U.S.C.
923). | ||||||
12 | In this paragraph (j):
| ||||||
13 | A person "engaged in the business" means a person who | ||||||
14 | devotes time,
attention, and
labor to
engaging in the | ||||||
15 | activity as a regular course of trade or business with the
| ||||||
16 | principal objective of livelihood and profit, but does not | ||||||
17 | include a person who
makes occasional repairs of firearms | ||||||
18 | or who occasionally fits special barrels,
stocks, or | ||||||
19 | trigger mechanisms to firearms.
| ||||||
20 | "With the principal objective of livelihood and | ||||||
21 | profit" means that the
intent
underlying the sale or | ||||||
22 | disposition of firearms is predominantly one of
obtaining | ||||||
23 | livelihood and pecuniary gain, as opposed to other intents, | ||||||
24 | such as
improving or liquidating a personal firearms | ||||||
25 | collection; however, proof of
profit shall not be required | ||||||
26 | as to a person who engages in the regular and
repetitive |
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| |||||||
1 | purchase and disposition of firearms for criminal purposes | ||||||
2 | or
terrorism.
| ||||||
3 | (k) Sells or transfers ownership of a firearm to a | ||||||
4 | person who does not display to the seller or transferor of | ||||||
5 | the firearm either: (1) a currently valid Firearm Owner's | ||||||
6 | Identification Card that has previously been issued in the | ||||||
7 | transferee's name by the Department of State Police under | ||||||
8 | the provisions of the Firearm Owners Identification Card | ||||||
9 | Act; or (2) a currently valid license to carry a concealed | ||||||
10 | firearm that has previously been issued in the transferee's | ||||||
11 | name by the
Department of State Police under the Firearm | ||||||
12 | Concealed Carry Act. This paragraph (k) does not apply to | ||||||
13 | the transfer of a firearm to a person who is exempt from | ||||||
14 | the requirement of possessing a Firearm Owner's | ||||||
15 | Identification Card under Section 2 of the Firearm Owners | ||||||
16 | Identification Card Act. For the purposes of this Section, | ||||||
17 | a currently valid Firearm Owner's Identification Card | ||||||
18 | means (i) a Firearm Owner's Identification Card that has | ||||||
19 | not expired or (ii) an approval number issued in accordance | ||||||
20 | with subsection (a-10) of subsection 3 or Section 3.1 of | ||||||
21 | the Firearm Owners Identification Card Act shall be proof | ||||||
22 | that the Firearm Owner's Identification Card was valid. | ||||||
23 | (1) In addition to the other requirements of this | ||||||
24 | paragraph (k), all persons who are not federally | ||||||
25 | licensed firearms dealers must also have complied with | ||||||
26 | subsection (a-10) of Section 3 of the Firearm Owners |
| |||||||
| |||||||
1 | Identification Card Act by determining the validity of | ||||||
2 | a purchaser's Firearm Owner's Identification Card. | ||||||
3 | (2) All sellers or transferors who have complied | ||||||
4 | with the requirements of subparagraph (1) of this | ||||||
5 | paragraph (k) shall not be liable for damages in any | ||||||
6 | civil action arising from the use or misuse by the | ||||||
7 | transferee of the firearm transferred, except for | ||||||
8 | willful or wanton misconduct on the part of the seller | ||||||
9 | or transferor. | ||||||
10 | (l) Not
being entitled to the possession of a firearm, | ||||||
11 | delivers the
firearm, knowing it to have been stolen or | ||||||
12 | converted. It may be inferred that
a person who possesses a | ||||||
13 | firearm with knowledge that its serial number has
been | ||||||
14 | removed or altered has knowledge that the firearm is stolen | ||||||
15 | or converted. | ||||||
16 | (B) Paragraph (h) of subsection (A) does not include | ||||||
17 | firearms sold within 6
months after enactment of Public
Act | ||||||
18 | 78-355 (approved August 21, 1973, effective October 1, 1973), | ||||||
19 | nor is any
firearm legally owned or
possessed by any citizen or | ||||||
20 | purchased by any citizen within 6 months after the
enactment of | ||||||
21 | Public Act 78-355 subject
to confiscation or seizure under the | ||||||
22 | provisions of that Public Act. Nothing in
Public Act 78-355 | ||||||
23 | shall be construed to prohibit the gift or trade of
any firearm | ||||||
24 | if that firearm was legally held or acquired within 6 months | ||||||
25 | after
the enactment of that Public Act.
| ||||||
26 | (C) Sentence.
|
| |||||||
| |||||||
1 | (1) Any person convicted of unlawful sale or delivery | ||||||
2 | of firearms in violation of
paragraph (c), (e), (f), (g), | ||||||
3 | or (h) of subsection (A) commits a Class
4
felony.
| ||||||
4 | (2) Any person convicted of unlawful sale or delivery | ||||||
5 | of firearms in violation of
paragraph (b) or (i) of | ||||||
6 | subsection (A) commits a Class 3 felony.
| ||||||
7 | (3) Any person convicted of unlawful sale or delivery | ||||||
8 | of firearms in violation of
paragraph (a) of subsection (A) | ||||||
9 | commits a Class 2 felony.
| ||||||
10 | (4) Any person convicted of unlawful sale or delivery | ||||||
11 | of firearms in violation of
paragraph (a), (b), or (i) of | ||||||
12 | subsection (A) in any school, on the real
property | ||||||
13 | comprising a school, within 1,000 feet of the real property | ||||||
14 | comprising
a school, at a school related activity, or on or | ||||||
15 | within 1,000 feet of any
conveyance owned, leased, or | ||||||
16 | contracted by a school or school district to
transport | ||||||
17 | students to or from school or a school related activity,
| ||||||
18 | regardless of the time of day or time of year at which the | ||||||
19 | offense
was committed, commits a Class 1 felony. Any person | ||||||
20 | convicted of a second
or subsequent violation of unlawful | ||||||
21 | sale or delivery of firearms in violation of paragraph
(a), | ||||||
22 | (b), or (i) of subsection (A) in any school, on the real | ||||||
23 | property
comprising a school, within 1,000 feet of the real | ||||||
24 | property comprising a
school, at a school related activity, | ||||||
25 | or on or within 1,000 feet of any
conveyance owned, leased, | ||||||
26 | or contracted by a school or school district to
transport |
| |||||||
| |||||||
1 | students to or from school or a school related activity,
| ||||||
2 | regardless of the time of day or time of year at which the | ||||||
3 | offense
was committed, commits a Class 1 felony for which | ||||||
4 | the sentence shall be a
term of imprisonment of no less | ||||||
5 | than 5 years and no more than 15 years.
| ||||||
6 | (5) Any person convicted of unlawful sale or delivery | ||||||
7 | of firearms in violation of
paragraph (a) or (i) of | ||||||
8 | subsection (A) in residential property owned,
operated, or | ||||||
9 | managed by a public housing agency or leased by a public | ||||||
10 | housing
agency as part of a scattered site or mixed-income | ||||||
11 | development, in a public
park, in a
courthouse, on | ||||||
12 | residential property owned, operated, or managed by a | ||||||
13 | public
housing agency or leased by a public housing agency | ||||||
14 | as part of a scattered site
or mixed-income development, on | ||||||
15 | the real property comprising any public park,
on the real
| ||||||
16 | property comprising any courthouse, or on any public way | ||||||
17 | within 1,000 feet
of the real property comprising any | ||||||
18 | public park, courthouse, or residential
property owned, | ||||||
19 | operated, or managed by a public housing agency or leased | ||||||
20 | by a
public housing agency as part of a scattered site or | ||||||
21 | mixed-income development
commits a
Class 2 felony.
| ||||||
22 | (6) Any person convicted of unlawful sale or delivery | ||||||
23 | of firearms in violation of
paragraph (j) of subsection (A) | ||||||
24 | commits a Class A misdemeanor. A second or
subsequent | ||||||
25 | violation is a Class 4 felony. | ||||||
26 | (7) Any person convicted of unlawful sale or delivery |
| |||||||
| |||||||
1 | of firearms in violation of paragraph (k) of subsection (A) | ||||||
2 | commits a Class 4 felony, except that a violation of | ||||||
3 | subparagraph (1) of paragraph (k) of subsection (A) shall | ||||||
4 | not be punishable as a crime or petty offense. A third or | ||||||
5 | subsequent conviction for a violation of paragraph (k) of | ||||||
6 | subsection (A) is a Class 1 felony.
| ||||||
7 | (8) A person 18 years of age or older convicted of | ||||||
8 | unlawful sale or delivery of firearms in violation of | ||||||
9 | paragraph (a) or (i) of subsection (A), when the firearm | ||||||
10 | that was sold or given to another person under 18 years of | ||||||
11 | age was used in the commission of or attempt to commit a | ||||||
12 | forcible felony, shall be fined or imprisoned, or both, not | ||||||
13 | to exceed the maximum provided for the most serious | ||||||
14 | forcible felony so committed or attempted by the person | ||||||
15 | under 18 years of age who was sold or given the firearm. | ||||||
16 | (9) Any person convicted of unlawful sale or delivery | ||||||
17 | of firearms in violation of
paragraph (d) of subsection (A) | ||||||
18 | commits a Class 3 felony. | ||||||
19 | (10) Any person convicted of unlawful sale or delivery | ||||||
20 | of firearms in violation of paragraph (l) of subsection (A) | ||||||
21 | commits a Class 2 felony if the delivery is of one firearm. | ||||||
22 | Any person convicted of unlawful sale or delivery of | ||||||
23 | firearms in violation of paragraph (l) of subsection (A) | ||||||
24 | commits a Class 1 felony if the delivery is of not less | ||||||
25 | than 2 and not more than 5 firearms at the
same time or | ||||||
26 | within a one year period. Any person convicted of unlawful |
| |||||||
| |||||||
1 | sale or delivery of firearms in violation of paragraph (l) | ||||||
2 | of subsection (A) commits a Class X felony for which he or | ||||||
3 | she shall be sentenced
to a term of imprisonment of not | ||||||
4 | less than 6 years and not more than 30
years if the | ||||||
5 | delivery is of not less than 6 and not more than 10 | ||||||
6 | firearms at the
same time or within a 2 year period. Any | ||||||
7 | person convicted of unlawful sale or delivery of firearms | ||||||
8 | in violation of paragraph (l) of subsection (A) commits a | ||||||
9 | Class X felony for which he or she shall be sentenced
to a | ||||||
10 | term of imprisonment of not less than 6 years and not more | ||||||
11 | than 40
years if the delivery is of not less than 11 and | ||||||
12 | not more than 20 firearms at the
same time or within a 3 | ||||||
13 | year period. Any person convicted of unlawful sale or | ||||||
14 | delivery of firearms in violation of paragraph (l) of | ||||||
15 | subsection (A) commits a Class X felony for which he or she | ||||||
16 | shall be sentenced
to a term of imprisonment of not less | ||||||
17 | than 6 years and not more than 50
years if the delivery is | ||||||
18 | of not less than 21 and not more than 30 firearms at the
| ||||||
19 | same time or within a 4 year period. Any person convicted | ||||||
20 | of unlawful sale or delivery of firearms in violation of | ||||||
21 | paragraph (l) of subsection (A) commits a Class X felony | ||||||
22 | for which he or she shall be sentenced
to a term of | ||||||
23 | imprisonment of not less than 6 years and not more than 60
| ||||||
24 | years if the delivery is of 31 or more firearms at the
same | ||||||
25 | time or within a 5 year period. | ||||||
26 | (D) For purposes of this Section:
|
| |||||||
| |||||||
1 | "School" means a public or private elementary or secondary | ||||||
2 | school,
community college, college, or university.
| ||||||
3 | "School related activity" means any sporting, social, | ||||||
4 | academic, or
other activity for which students' attendance or | ||||||
5 | participation is sponsored,
organized, or funded in whole or in | ||||||
6 | part by a school or school district.
| ||||||
7 | (E) A prosecution for a violation of paragraph (k) of | ||||||
8 | subsection (A) of this Section may be commenced within 6 years | ||||||
9 | after the commission of the offense. A prosecution for a | ||||||
10 | violation of this Section other than paragraph (g) of | ||||||
11 | subsection (A) of this Section may be commenced within 5 years | ||||||
12 | after the commission of the offense defined in the particular | ||||||
13 | paragraph.
| ||||||
14 | (Source: P.A. 99-29, eff. 7-10-15; 99-143, eff. 7-27-15; | ||||||
15 | 99-642, eff. 7-28-16; 100-606, eff. 1-1-19 .)
| ||||||
16 | Section 99. Effective date. This Act takes effect upon | ||||||
17 | becoming law.
|