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Illinois House Bill HB3061

Illinois 2023-2024 Regular Session

Illinois House Bill HB3061 Compare Versions

Only one version of the bill is available at this time.
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11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3061 Introduced , by Rep. Kevin John Olickal SYNOPSIS AS INTRODUCED: 430 ILCS 68/5-30 720 ILCS 5/24-3 from Ch. 38, par. 24-3 Amends the Firearm Dealer License Certification Act. Provides that a certified licensee and any employee of a certified licensee who sells or transfers firearms shall receive at least 2 hours of training annually on how to recognize individuals with mental illness, mental impairment, or mental disease that would make those individuals a clear and present danger to themselves or others if those individuals possessed firearms. Provides that a federally licensed firearm dealer who sells or delivers firearms in the State and is exempt from the certification requirements of the Act is required to receive training on recognizing individuals with mental illness, mental impairment, or mental disease that would make those individuals a clear and present danger to themselves or others if those individuals possessed firearms. Amends the Criminal Code of 2012 to make conforming changes. Defines "clear and present danger". LRB103 27557 RLC 53932 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3061 Introduced , by Rep. Kevin John Olickal SYNOPSIS AS INTRODUCED: 430 ILCS 68/5-30 720 ILCS 5/24-3 from Ch. 38, par. 24-3 430 ILCS 68/5-30 720 ILCS 5/24-3 from Ch. 38, par. 24-3 Amends the Firearm Dealer License Certification Act. Provides that a certified licensee and any employee of a certified licensee who sells or transfers firearms shall receive at least 2 hours of training annually on how to recognize individuals with mental illness, mental impairment, or mental disease that would make those individuals a clear and present danger to themselves or others if those individuals possessed firearms. Provides that a federally licensed firearm dealer who sells or delivers firearms in the State and is exempt from the certification requirements of the Act is required to receive training on recognizing individuals with mental illness, mental impairment, or mental disease that would make those individuals a clear and present danger to themselves or others if those individuals possessed firearms. Amends the Criminal Code of 2012 to make conforming changes. Defines "clear and present danger". LRB103 27557 RLC 53932 b LRB103 27557 RLC 53932 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3061 Introduced , by Rep. Kevin John Olickal SYNOPSIS AS INTRODUCED:
33 430 ILCS 68/5-30 720 ILCS 5/24-3 from Ch. 38, par. 24-3 430 ILCS 68/5-30 720 ILCS 5/24-3 from Ch. 38, par. 24-3
44 430 ILCS 68/5-30
55 720 ILCS 5/24-3 from Ch. 38, par. 24-3
66 Amends the Firearm Dealer License Certification Act. Provides that a certified licensee and any employee of a certified licensee who sells or transfers firearms shall receive at least 2 hours of training annually on how to recognize individuals with mental illness, mental impairment, or mental disease that would make those individuals a clear and present danger to themselves or others if those individuals possessed firearms. Provides that a federally licensed firearm dealer who sells or delivers firearms in the State and is exempt from the certification requirements of the Act is required to receive training on recognizing individuals with mental illness, mental impairment, or mental disease that would make those individuals a clear and present danger to themselves or others if those individuals possessed firearms. Amends the Criminal Code of 2012 to make conforming changes. Defines "clear and present danger".
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1212 1 AN ACT concerning safety.
1313 2 Be it enacted by the People of the State of Illinois,
1414 3 represented in the General Assembly:
1515 4 Section 5. The Firearm Dealer License Certification Act is
1616 5 amended by changing Section 5-30 as follows:
1717 6 (430 ILCS 68/5-30)
1818 7 Sec. 5-30. Training of certified licensees. Any certified
1919 8 licensee and any employee of a certified licensee who sells or
2020 9 transfers firearms shall receive at least 2 hours of training
2121 10 annually regarding legal requirements and responsible business
2222 11 practices as applicable to the sale or transfer or firearms
2323 12 and how to recognize individuals with mental illness, mental
2424 13 impairment, or mental disease that would make those
2525 14 individuals a clear and present danger to themselves or others
2626 15 if those individuals possessed firearms. The Illinois State
2727 16 Police may adopt rules regarding continuing education for
2828 17 certified licensees related to legal requirements and
2929 18 responsible business practices regarding the sale or transfer
3030 19 of firearms and how certified licensees and their employees
3131 20 may recognize individuals with mental illness, mental
3232 21 impairment, or mental disease that would make those
3333 22 individuals a clear and present danger to themselves or others
3434 23 if those individuals possessed firearms. In this Section,
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3838 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3061 Introduced , by Rep. Kevin John Olickal SYNOPSIS AS INTRODUCED:
3939 430 ILCS 68/5-30 720 ILCS 5/24-3 from Ch. 38, par. 24-3 430 ILCS 68/5-30 720 ILCS 5/24-3 from Ch. 38, par. 24-3
4040 430 ILCS 68/5-30
4141 720 ILCS 5/24-3 from Ch. 38, par. 24-3
4242 Amends the Firearm Dealer License Certification Act. Provides that a certified licensee and any employee of a certified licensee who sells or transfers firearms shall receive at least 2 hours of training annually on how to recognize individuals with mental illness, mental impairment, or mental disease that would make those individuals a clear and present danger to themselves or others if those individuals possessed firearms. Provides that a federally licensed firearm dealer who sells or delivers firearms in the State and is exempt from the certification requirements of the Act is required to receive training on recognizing individuals with mental illness, mental impairment, or mental disease that would make those individuals a clear and present danger to themselves or others if those individuals possessed firearms. Amends the Criminal Code of 2012 to make conforming changes. Defines "clear and present danger".
4343 LRB103 27557 RLC 53932 b LRB103 27557 RLC 53932 b
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4545 A BILL FOR
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7171 1 "clear and present danger" has the meaning ascribed to it in
7272 2 Section 1.1 of the Firearm Owners Identification Card Act.
7373 3 A federally licensed firearm dealer under Section 923 of
7474 4 the federal Gun Control Act of 1968 who sells or delivers
7575 5 firearms in this State and is exempt from the certification
7676 6 requirements of this Act is required to receive training on
7777 7 recognizing individuals with mental illness, mental
7878 8 impairment, or mental disease that would make those
7979 9 individuals a clear and present danger to themselves or others
8080 10 if those individuals possessed firearms.
8181 11 (Source: P.A. 102-538, eff. 8-20-21.)
8282 12 Section 10. The Criminal Code of 2012 is amended by
8383 13 changing Section 24-3 as follows:
8484 14 (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
8585 15 Sec. 24-3. Unlawful sale or delivery of firearms.
8686 16 (A) A person commits the offense of unlawful sale or
8787 17 delivery of firearms when he or she knowingly does any of the
8888 18 following:
8989 19 (a) Sells or gives any firearm of a size which may be
9090 20 concealed upon the person to any person under 18 years of
9191 21 age.
9292 22 (b) Sells or gives any firearm to a person under 21
9393 23 years of age who has been convicted of a misdemeanor other
9494 24 than a traffic offense or adjudged delinquent.
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105105 1 (c) Sells or gives any firearm to any narcotic addict.
106106 2 (d) Sells or gives any firearm to any person who has
107107 3 been convicted of a felony under the laws of this or any
108108 4 other jurisdiction.
109109 5 (e) Sells or gives any firearm to any person who has
110110 6 been a patient in a mental institution within the past 5
111111 7 years. In this subsection (e):
112112 8 "Mental institution" means any hospital,
113113 9 institution, clinic, evaluation facility, mental
114114 10 health center, or part thereof, which is used
115115 11 primarily for the care or treatment of persons with
116116 12 mental illness.
117117 13 "Patient in a mental institution" means the person
118118 14 was admitted, either voluntarily or involuntarily, to
119119 15 a mental institution for mental health treatment,
120120 16 unless the treatment was voluntary and solely for an
121121 17 alcohol abuse disorder and no other secondary
122122 18 substance abuse disorder or mental illness.
123123 19 (f) Sells or gives any firearms to any person who is a
124124 20 person with an intellectual disability.
125125 21 (g) Delivers any firearm, incidental to a sale,
126126 22 without withholding delivery of the firearm for at least
127127 23 72 hours after application for its purchase has been made,
128128 24 or delivers a stun gun or taser, incidental to a sale,
129129 25 without withholding delivery of the stun gun or taser for
130130 26 at least 24 hours after application for its purchase has
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141141 1 been made. However, this paragraph (g) does not apply to:
142142 2 (1) the sale of a firearm to a law enforcement officer if
143143 3 the seller of the firearm knows that the person to whom he
144144 4 or she is selling the firearm is a law enforcement officer
145145 5 or the sale of a firearm to a person who desires to
146146 6 purchase a firearm for use in promoting the public
147147 7 interest incident to his or her employment as a bank
148148 8 guard, armed truck guard, or other similar employment; (2)
149149 9 a mail order sale of a firearm from a federally licensed
150150 10 firearms dealer to a nonresident of Illinois under which
151151 11 the firearm is mailed to a federally licensed firearms
152152 12 dealer outside the boundaries of Illinois; (3) (blank);
153153 13 (4) the sale of a firearm to a dealer licensed as a federal
154154 14 firearms dealer under Section 923 of the federal Gun
155155 15 Control Act of 1968 (18 U.S.C. 923); or (5) the transfer or
156156 16 sale of any rifle, shotgun, or other long gun to a resident
157157 17 registered competitor or attendee or non-resident
158158 18 registered competitor or attendee by any dealer licensed
159159 19 as a federal firearms dealer under Section 923 of the
160160 20 federal Gun Control Act of 1968 at competitive shooting
161161 21 events held at the World Shooting Complex sanctioned by a
162162 22 national governing body. For purposes of transfers or
163163 23 sales under subparagraph (5) of this paragraph (g), the
164164 24 Department of Natural Resources shall give notice to the
165165 25 Illinois State Police at least 30 calendar days prior to
166166 26 any competitive shooting events at the World Shooting
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177177 1 Complex sanctioned by a national governing body. The
178178 2 notification shall be made on a form prescribed by the
179179 3 Illinois State Police. The sanctioning body shall provide
180180 4 a list of all registered competitors and attendees at
181181 5 least 24 hours before the events to the Illinois State
182182 6 Police. Any changes to the list of registered competitors
183183 7 and attendees shall be forwarded to the Illinois State
184184 8 Police as soon as practicable. The Illinois State Police
185185 9 must destroy the list of registered competitors and
186186 10 attendees no later than 30 days after the date of the
187187 11 event. Nothing in this paragraph (g) relieves a federally
188188 12 licensed firearm dealer from the requirements of
189189 13 conducting a NICS background check through the Illinois
190190 14 Point of Contact under 18 U.S.C. 922(t). For purposes of
191191 15 this paragraph (g), "application" means when the buyer and
192192 16 seller reach an agreement to purchase a firearm. For
193193 17 purposes of this paragraph (g), "national governing body"
194194 18 means a group of persons who adopt rules and formulate
195195 19 policy on behalf of a national firearm sporting
196196 20 organization.
197197 21 (h) While holding any license as a dealer, importer,
198198 22 manufacturer or pawnbroker under the federal Gun Control
199199 23 Act of 1968, manufactures, sells or delivers to any
200200 24 unlicensed person a handgun having a barrel, slide, frame
201201 25 or receiver which is a die casting of zinc alloy or any
202202 26 other nonhomogeneous metal which will melt or deform at a
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213213 1 temperature of less than 800 degrees Fahrenheit. For
214214 2 purposes of this paragraph, (1) "firearm" is defined as in
215215 3 the Firearm Owners Identification Card Act; and (2)
216216 4 "handgun" is defined as a firearm designed to be held and
217217 5 fired by the use of a single hand, and includes a
218218 6 combination of parts from which such a firearm can be
219219 7 assembled.
220220 8 (i) Sells or gives a firearm of any size to any person
221221 9 under 18 years of age who does not possess a valid Firearm
222222 10 Owner's Identification Card.
223223 11 (j) Sells or gives a firearm while engaged in the
224224 12 business of selling firearms at wholesale or retail
225225 13 without being licensed as a federal firearms dealer under
226226 14 Section 923 of the federal Gun Control Act of 1968 (18
227227 15 U.S.C. 923). In this paragraph (j):
228228 16 A person "engaged in the business" means a person who
229229 17 devotes time, attention, and labor to engaging in the
230230 18 activity as a regular course of trade or business with the
231231 19 principal objective of livelihood and profit, but does not
232232 20 include a person who makes occasional repairs of firearms
233233 21 or who occasionally fits special barrels, stocks, or
234234 22 trigger mechanisms to firearms.
235235 23 "With the principal objective of livelihood and
236236 24 profit" means that the intent underlying the sale or
237237 25 disposition of firearms is predominantly one of obtaining
238238 26 livelihood and pecuniary gain, as opposed to other
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249249 1 intents, such as improving or liquidating a personal
250250 2 firearms collection; however, proof of profit shall not be
251251 3 required as to a person who engages in the regular and
252252 4 repetitive purchase and disposition of firearms for
253253 5 criminal purposes or terrorism.
254254 6 (k) Sells or transfers ownership of a firearm to a
255255 7 person who does not display to the seller or transferor of
256256 8 the firearm either: (1) a currently valid Firearm Owner's
257257 9 Identification Card that has previously been issued in the
258258 10 transferee's name by the Illinois State Police under the
259259 11 provisions of the Firearm Owners Identification Card Act;
260260 12 or (2) a currently valid license to carry a concealed
261261 13 firearm that has previously been issued in the
262262 14 transferee's name by the Illinois State Police under the
263263 15 Firearm Concealed Carry Act. This paragraph (k) does not
264264 16 apply to the transfer of a firearm to a person who is
265265 17 exempt from the requirement of possessing a Firearm
266266 18 Owner's Identification Card under Section 2 of the Firearm
267267 19 Owners Identification Card Act. For the purposes of this
268268 20 Section, a currently valid Firearm Owner's Identification
269269 21 Card or license to carry a concealed firearm means receipt
270270 22 of an approval number issued in accordance with subsection
271271 23 (a-10) of Section 3 or Section 3.1 of the Firearm Owners
272272 24 Identification Card Act.
273273 25 (1) In addition to the other requirements of this
274274 26 paragraph (k), all persons who are not federally
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285285 1 licensed firearms dealers must also have complied with
286286 2 subsection (a-10) of Section 3 of the Firearm Owners
287287 3 Identification Card Act by determining the validity of
288288 4 a purchaser's Firearm Owner's Identification Card.
289289 5 (2) All sellers or transferors who have complied
290290 6 with the requirements of subparagraph (1) of this
291291 7 paragraph (k) shall not be liable for damages in any
292292 8 civil action arising from the use or misuse by the
293293 9 transferee of the firearm transferred, except for
294294 10 willful or wanton misconduct on the part of the seller
295295 11 or transferor.
296296 12 (l) Not being entitled to the possession of a firearm,
297297 13 delivers the firearm, knowing it to have been stolen or
298298 14 converted. It may be inferred that a person who possesses
299299 15 a firearm with knowledge that its serial number has been
300300 16 removed or altered has knowledge that the firearm is
301301 17 stolen or converted.
302302 18 (m) Is a federally licensed firearm dealer under
303303 19 Section 923 of the federal Gun Control Act of 1968 and
304304 20 sells or delivers firearms in this State if the federally
305305 21 licensed firearm dealer has not received the training
306306 22 prescribed in Section 30 of the Firearm Dealer License
307307 23 Certification Act on how to recognize individuals with
308308 24 mental illness, mental impairment, or mental disease that
309309 25 would make those individuals a clear and present danger to
310310 26 themselves or others if those individuals possessed
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321321 1 firearms. In this paragraph (m), "clear and present
322322 2 danger" has the meaning ascribed to it in Section 1.1 of
323323 3 the Firearm Owners Identification Card Act.
324324 4 (B) Paragraph (h) of subsection (A) does not include
325325 5 firearms sold within 6 months after enactment of Public Act
326326 6 78-355 (approved August 21, 1973, effective October 1, 1973),
327327 7 nor is any firearm legally owned or possessed by any citizen or
328328 8 purchased by any citizen within 6 months after the enactment
329329 9 of Public Act 78-355 subject to confiscation or seizure under
330330 10 the provisions of that Public Act. Nothing in Public Act
331331 11 78-355 shall be construed to prohibit the gift or trade of any
332332 12 firearm if that firearm was legally held or acquired within 6
333333 13 months after the enactment of that Public Act.
334334 14 (C) Sentence.
335335 15 (0.5) Any person convicted of unlawful sale or
336336 16 delivery of firearms in violation of paragraph (m) of
337337 17 subsection (A) commits a Class A misdemeanor.
338338 18 (1) Any person convicted of unlawful sale or delivery
339339 19 of firearms in violation of paragraph (c), (e), (f), (g),
340340 20 or (h) of subsection (A) commits a Class 4 felony.
341341 21 (2) Any person convicted of unlawful sale or delivery
342342 22 of firearms in violation of paragraph (b) or (i) of
343343 23 subsection (A) commits a Class 3 felony.
344344 24 (3) Any person convicted of unlawful sale or delivery
345345 25 of firearms in violation of paragraph (a) of subsection
346346 26 (A) commits a Class 2 felony.
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357357 1 (4) Any person convicted of unlawful sale or delivery
358358 2 of firearms in violation of paragraph (a), (b), or (i) of
359359 3 subsection (A) in any school, on the real property
360360 4 comprising a school, within 1,000 feet of the real
361361 5 property comprising a school, at a school related
362362 6 activity, or on or within 1,000 feet of any conveyance
363363 7 owned, leased, or contracted by a school or school
364364 8 district to transport students to or from school or a
365365 9 school related activity, regardless of the time of day or
366366 10 time of year at which the offense was committed, commits a
367367 11 Class 1 felony. Any person convicted of a second or
368368 12 subsequent violation of unlawful sale or delivery of
369369 13 firearms in violation of paragraph (a), (b), or (i) of
370370 14 subsection (A) in any school, on the real property
371371 15 comprising a school, within 1,000 feet of the real
372372 16 property comprising a school, at a school related
373373 17 activity, or on or within 1,000 feet of any conveyance
374374 18 owned, leased, or contracted by a school or school
375375 19 district to transport students to or from school or a
376376 20 school related activity, regardless of the time of day or
377377 21 time of year at which the offense was committed, commits a
378378 22 Class 1 felony for which the sentence shall be a term of
379379 23 imprisonment of no less than 5 years and no more than 15
380380 24 years.
381381 25 (5) Any person convicted of unlawful sale or delivery
382382 26 of firearms in violation of paragraph (a) or (i) of
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393393 1 subsection (A) in residential property owned, operated, or
394394 2 managed by a public housing agency or leased by a public
395395 3 housing agency as part of a scattered site or mixed-income
396396 4 development, in a public park, in a courthouse, on
397397 5 residential property owned, operated, or managed by a
398398 6 public housing agency or leased by a public housing agency
399399 7 as part of a scattered site or mixed-income development,
400400 8 on the real property comprising any public park, on the
401401 9 real property comprising any courthouse, or on any public
402402 10 way within 1,000 feet of the real property comprising any
403403 11 public park, courthouse, or residential property owned,
404404 12 operated, or managed by a public housing agency or leased
405405 13 by a public housing agency as part of a scattered site or
406406 14 mixed-income development commits a Class 2 felony.
407407 15 (6) Any person convicted of unlawful sale or delivery
408408 16 of firearms in violation of paragraph (j) of subsection
409409 17 (A) commits a Class A misdemeanor. A second or subsequent
410410 18 violation is a Class 4 felony.
411411 19 (7) Any person convicted of unlawful sale or delivery
412412 20 of firearms in violation of paragraph (k) of subsection
413413 21 (A) commits a Class 4 felony, except that a violation of
414414 22 subparagraph (1) of paragraph (k) of subsection (A) shall
415415 23 not be punishable as a crime or petty offense. A third or
416416 24 subsequent conviction for a violation of paragraph (k) of
417417 25 subsection (A) is a Class 1 felony.
418418 26 (8) A person 18 years of age or older convicted of
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429429 1 unlawful sale or delivery of firearms in violation of
430430 2 paragraph (a) or (i) of subsection (A), when the firearm
431431 3 that was sold or given to another person under 18 years of
432432 4 age was used in the commission of or attempt to commit a
433433 5 forcible felony, shall be fined or imprisoned, or both,
434434 6 not to exceed the maximum provided for the most serious
435435 7 forcible felony so committed or attempted by the person
436436 8 under 18 years of age who was sold or given the firearm.
437437 9 (9) Any person convicted of unlawful sale or delivery
438438 10 of firearms in violation of paragraph (d) of subsection
439439 11 (A) commits a Class 3 felony.
440440 12 (10) Any person convicted of unlawful sale or delivery
441441 13 of firearms in violation of paragraph (l) of subsection
442442 14 (A) commits a Class 2 felony if the delivery is of one
443443 15 firearm. Any person convicted of unlawful sale or delivery
444444 16 of firearms in violation of paragraph (l) of subsection
445445 17 (A) commits a Class 1 felony if the delivery is of not less
446446 18 than 2 and not more than 5 firearms at the same time or
447447 19 within a one-year period. Any person convicted of unlawful
448448 20 sale or delivery of firearms in violation of paragraph (l)
449449 21 of subsection (A) commits a Class X felony for which he or
450450 22 she shall be sentenced to a term of imprisonment of not
451451 23 less than 6 years and not more than 30 years if the
452452 24 delivery is of not less than 6 and not more than 10
453453 25 firearms at the same time or within a 2-year period. Any
454454 26 person convicted of unlawful sale or delivery of firearms
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465465 1 in violation of paragraph (l) of subsection (A) commits a
466466 2 Class X felony for which he or she shall be sentenced to a
467467 3 term of imprisonment of not less than 6 years and not more
468468 4 than 40 years if the delivery is of not less than 11 and
469469 5 not more than 20 firearms at the same time or within a
470470 6 3-year period. Any person convicted of unlawful sale or
471471 7 delivery of firearms in violation of paragraph (l) of
472472 8 subsection (A) commits a Class X felony for which he or she
473473 9 shall be sentenced to a term of imprisonment of not less
474474 10 than 6 years and not more than 50 years if the delivery is
475475 11 of not less than 21 and not more than 30 firearms at the
476476 12 same time or within a 4-year period. Any person convicted
477477 13 of unlawful sale or delivery of firearms in violation of
478478 14 paragraph (l) of subsection (A) commits a Class X felony
479479 15 for which he or she shall be sentenced to a term of
480480 16 imprisonment of not less than 6 years and not more than 60
481481 17 years if the delivery is of 31 or more firearms at the same
482482 18 time or within a 5-year period.
483483 19 (D) For purposes of this Section:
484484 20 "School" means a public or private elementary or secondary
485485 21 school, community college, college, or university.
486486 22 "School related activity" means any sporting, social,
487487 23 academic, or other activity for which students' attendance or
488488 24 participation is sponsored, organized, or funded in whole or
489489 25 in part by a school or school district.
490490 26 (E) A prosecution for a violation of paragraph (k) of
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499499 HB3061- 14 -LRB103 27557 RLC 53932 b HB3061 - 14 - LRB103 27557 RLC 53932 b
500500 HB3061 - 14 - LRB103 27557 RLC 53932 b
501501 1 subsection (A) of this Section may be commenced within 6 years
502502 2 after the commission of the offense. A prosecution for a
503503 3 violation of this Section other than paragraph (g) of
504504 4 subsection (A) of this Section may be commenced within 5 years
505505 5 after the commission of the offense defined in the particular
506506 6 paragraph.
507507 7 (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
508508 8 102-813, eff. 5-13-22.)
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514514 HB3061 - 14 - LRB103 27557 RLC 53932 b