Illinois 2023-2024 Regular Session

Illinois House Bill HB3239 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3239 Introduced , by Rep. Maura Hirschauer SYNOPSIS AS INTRODUCED: 430 ILCS 65/3.4 new 430 ILCS 65/4 from Ch. 38, par. 83-4 430 ILCS 65/8 from Ch. 38, par. 83-8 720 ILCS 5/24-3 from Ch. 38, par. 24-3 720 ILCS 5/24-3.5 Amends the Firearm Owners Identification Card Act. Provides that, if an applicant is applying for or renewing a Firearm Owner's Identification Card, he or she must submit evidence to the Illinois State Police that he or she has completed at least 8 hours of handgun safety training approved by the Director of the Illinois State Police. Provides that notwithstanding any other law to the contrary, each local law enforcement agency shall issue a firearm permit to an applicant who seeks the purchase of a firearm to verify the identity of the purchaser and shall complete a full criminal background check of the applicant that includes obtaining fingerprints from the prospective firearm purchaser. Provides that each local law enforcement agency shall keep records of those permits and make them available to the Illinois State Police through the Law Enforcement Agencies Data System (LEADS). Provides that the duration of the permit shall be 10 days after its issuance. Provides that the local law enforcement agency may deny a permit to purchase a firearm to an applicant if the agency, in its discretion, believes it is in the interest of public safety. Amends the Criminal Code of 2012 to make conforming changes. LRB103 27318 RLC 53689 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3239 Introduced , by Rep. Maura Hirschauer SYNOPSIS AS INTRODUCED: 430 ILCS 65/3.4 new 430 ILCS 65/4 from Ch. 38, par. 83-4 430 ILCS 65/8 from Ch. 38, par. 83-8 720 ILCS 5/24-3 from Ch. 38, par. 24-3 720 ILCS 5/24-3.5 430 ILCS 65/3.4 new 430 ILCS 65/4 from Ch. 38, par. 83-4 430 ILCS 65/8 from Ch. 38, par. 83-8 720 ILCS 5/24-3 from Ch. 38, par. 24-3 720 ILCS 5/24-3.5 Amends the Firearm Owners Identification Card Act. Provides that, if an applicant is applying for or renewing a Firearm Owner's Identification Card, he or she must submit evidence to the Illinois State Police that he or she has completed at least 8 hours of handgun safety training approved by the Director of the Illinois State Police. Provides that notwithstanding any other law to the contrary, each local law enforcement agency shall issue a firearm permit to an applicant who seeks the purchase of a firearm to verify the identity of the purchaser and shall complete a full criminal background check of the applicant that includes obtaining fingerprints from the prospective firearm purchaser. Provides that each local law enforcement agency shall keep records of those permits and make them available to the Illinois State Police through the Law Enforcement Agencies Data System (LEADS). Provides that the duration of the permit shall be 10 days after its issuance. Provides that the local law enforcement agency may deny a permit to purchase a firearm to an applicant if the agency, in its discretion, believes it is in the interest of public safety. Amends the Criminal Code of 2012 to make conforming changes. LRB103 27318 RLC 53689 b LRB103 27318 RLC 53689 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3239 Introduced , by Rep. Maura Hirschauer SYNOPSIS AS INTRODUCED:
3	3	430 ILCS 65/3.4 new 430 ILCS 65/4 from Ch. 38, par. 83-4 430 ILCS 65/8 from Ch. 38, par. 83-8 720 ILCS 5/24-3 from Ch. 38, par. 24-3 720 ILCS 5/24-3.5 430 ILCS 65/3.4 new 430 ILCS 65/4 from Ch. 38, par. 83-4 430 ILCS 65/8 from Ch. 38, par. 83-8 720 ILCS 5/24-3 from Ch. 38, par. 24-3 720 ILCS 5/24-3.5
4	4	430 ILCS 65/3.4 new
5	5	430 ILCS 65/4 from Ch. 38, par. 83-4
6	6	430 ILCS 65/8 from Ch. 38, par. 83-8
7	7	720 ILCS 5/24-3 from Ch. 38, par. 24-3
8	8	720 ILCS 5/24-3.5
9	9	Amends the Firearm Owners Identification Card Act. Provides that, if an applicant is applying for or renewing a Firearm Owner's Identification Card, he or she must submit evidence to the Illinois State Police that he or she has completed at least 8 hours of handgun safety training approved by the Director of the Illinois State Police. Provides that notwithstanding any other law to the contrary, each local law enforcement agency shall issue a firearm permit to an applicant who seeks the purchase of a firearm to verify the identity of the purchaser and shall complete a full criminal background check of the applicant that includes obtaining fingerprints from the prospective firearm purchaser. Provides that each local law enforcement agency shall keep records of those permits and make them available to the Illinois State Police through the Law Enforcement Agencies Data System (LEADS). Provides that the duration of the permit shall be 10 days after its issuance. Provides that the local law enforcement agency may deny a permit to purchase a firearm to an applicant if the agency, in its discretion, believes it is in the interest of public safety. Amends the Criminal Code of 2012 to make conforming changes.
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12	12	A BILL FOR
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14	14	HB3239 LRB103 27318 RLC 53689 b
15	15	1 AN ACT concerning firearms.
16	16	2 Be it enacted by the People of the State of Illinois,
17	17	3 represented in the General Assembly:
18	18	4 Section 5.The Firearm Owners Identification Card Act is
19	19	5 amended by changing Sections 4 and 8 and by adding Section 3.4
20	20	6 as follows:
21	21	7 (430 ILCS 65/3.4 new)
22	22	8 Sec. 3.4. Firearms transfers; permits.
23	23	9 (a) Notwithstanding any other law to the contrary, each
24	24	10 local law enforcement agency shall issue a firearm permit to
25	25	11 an applicant who seeks the purchase of a firearm to verify the
26	26	12 identity of the purchaser and shall complete a full criminal
27	27	13 background check of the applicant that includes obtaining
28	28	14 fingerprints from the prospective firearm purchaser.
29	29	15 (b) Each local law enforcement agency shall keep records
30	30	16 of those permits and make them available to the Illinois State
31	31	17 Police through the Law Enforcement Agencies Data System
32	32	18 (LEADS).
33	33	19 (c) The duration of the permit shall be 10 days after its
34	34	20 issuance.
35	35	21 (d) The local law enforcement agency may deny a permit to
36	36	22 purchase a firearm to an applicant if the agency, in its
37	37	23 discretion, believes it is in the interest of public safety.
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41	41	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3239 Introduced , by Rep. Maura Hirschauer SYNOPSIS AS INTRODUCED:
42	42	430 ILCS 65/3.4 new 430 ILCS 65/4 from Ch. 38, par. 83-4 430 ILCS 65/8 from Ch. 38, par. 83-8 720 ILCS 5/24-3 from Ch. 38, par. 24-3 720 ILCS 5/24-3.5 430 ILCS 65/3.4 new 430 ILCS 65/4 from Ch. 38, par. 83-4 430 ILCS 65/8 from Ch. 38, par. 83-8 720 ILCS 5/24-3 from Ch. 38, par. 24-3 720 ILCS 5/24-3.5
43	43	430 ILCS 65/3.4 new
44	44	430 ILCS 65/4 from Ch. 38, par. 83-4
45	45	430 ILCS 65/8 from Ch. 38, par. 83-8
46	46	720 ILCS 5/24-3 from Ch. 38, par. 24-3
47	47	720 ILCS 5/24-3.5
48	48	Amends the Firearm Owners Identification Card Act. Provides that, if an applicant is applying for or renewing a Firearm Owner's Identification Card, he or she must submit evidence to the Illinois State Police that he or she has completed at least 8 hours of handgun safety training approved by the Director of the Illinois State Police. Provides that notwithstanding any other law to the contrary, each local law enforcement agency shall issue a firearm permit to an applicant who seeks the purchase of a firearm to verify the identity of the purchaser and shall complete a full criminal background check of the applicant that includes obtaining fingerprints from the prospective firearm purchaser. Provides that each local law enforcement agency shall keep records of those permits and make them available to the Illinois State Police through the Law Enforcement Agencies Data System (LEADS). Provides that the duration of the permit shall be 10 days after its issuance. Provides that the local law enforcement agency may deny a permit to purchase a firearm to an applicant if the agency, in its discretion, believes it is in the interest of public safety. Amends the Criminal Code of 2012 to make conforming changes.
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51	51	A BILL FOR
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57	57	430 ILCS 65/3.4 new
58	58	430 ILCS 65/4 from Ch. 38, par. 83-4
59	59	430 ILCS 65/8 from Ch. 38, par. 83-8
60	60	720 ILCS 5/24-3 from Ch. 38, par. 24-3
61	61	720 ILCS 5/24-3.5
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80	80	1 (e) Prior to the purchase of a firearm, a person must
81	81	2 submit the permit issued by the local law enforcement agency
82	82	3 to the dealer or transferor of the firearm.
83	83	4 (f) In this Section, "local law enforcement agency" means
84	84	5 the municipal police department of the municipality in which
85	85	6 the applicant for the firearm purchase resides, or if the
86	86	7 applicant resides in an unincorporated area, or if no
87	87	8 municipal police department exists in the applicant's
88	88	9 municipality of residence, then "local law enforcement agency"
89	89	10 means the office of the sheriff of the county of the
90	90	11 applicant's residence.
91	91	12 (430 ILCS 65/4) (from Ch. 38, par. 83-4)
92	92	13 Sec. 4. Application for Firearm Owner's Identification
93	93	14 Cards.
94	94	15 (a) Each applicant for a Firearm Owner's Identification
95	95	16 Card must:
96	96	17 (1) Submit an application as made available by the
97	97	18 Illinois State Police; and
98	98	19 (2) Submit evidence to the Illinois State Police that:
99	99	20 (i) This subparagraph (i) applies through the
100	100	21 180th day following July 12, 2019 (the effective date
101	101	22 of Public Act 101-80). He or she is 21 years of age or
102	102	23 over, or if he or she is under 21 years of age that he
103	103	24 or she has the written consent of his or her parent or
104	104	25 legal guardian to possess and acquire firearms and
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115	115	1 firearm ammunition and that he or she has never been
116	116	2 convicted of a misdemeanor other than a traffic
117	117	3 offense or adjudged delinquent, provided, however,
118	118	4 that such parent or legal guardian is not an
119	119	5 individual prohibited from having a Firearm Owner's
120	120	6 Identification Card and files an affidavit with the
121	121	7 Department as prescribed by the Department stating
122	122	8 that he or she is not an individual prohibited from
123	123	9 having a Card;
124	124	10 (i-5) This subparagraph (i-5) applies on and after
125	125	11 the 181st day following July 12, 2019 (the effective
126	126	12 date of Public Act 101-80). He or she is 21 years of
127	127	13 age or over, or if he or she is under 21 years of age
128	128	14 that he or she has never been convicted of a
129	129	15 misdemeanor other than a traffic offense or adjudged
130	130	16 delinquent and is an active duty member of the United
131	131	17 States Armed Forces or the Illinois National Guard or
132	132	18 has the written consent of his or her parent or legal
133	133	19 guardian to possess and acquire firearms and firearm
134	134	20 ammunition, provided, however, that such parent or
135	135	21 legal guardian is not an individual prohibited from
136	136	22 having a Firearm Owner's Identification Card and files
137	137	23 an affidavit with the Illinois State Police as
138	138	24 prescribed by the Illinois State Police stating that
139	139	25 he or she is not an individual prohibited from having a
140	140	26 Card or the active duty member of the United States
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151	151	1 Armed Forces or the Illinois National Guard under 21
152	152	2 years of age annually submits proof to the Illinois
153	153	3 State Police, in a manner prescribed by the Illinois
154	154	4 State Police;
155	155	5 (ii) He or she has not been convicted of a felony
156	156	6 under the laws of this or any other jurisdiction;
157	157	7 (iii) He or she is not addicted to narcotics;
158	158	8 (iv) He or she has not been a patient in a mental
159	159	9 health facility within the past 5 years or, if he or
160	160	10 she has been a patient in a mental health facility more
161	161	11 than 5 years ago submit the certification required
162	162	12 under subsection (u) of Section 8 of this Act;
163	163	13 (v) He or she is not a person with an intellectual
164	164	14 disability;
165	165	15 (vi) He or she is not a noncitizen who is
166	166	16 unlawfully present in the United States under the laws
167	167	17 of the United States;
168	168	18 (vii) He or she is not subject to an existing order
169	169	19 of protection prohibiting him or her from possessing a
170	170	20 firearm;
171	171	21 (viii) He or she has not been convicted within the
172	172	22 past 5 years of battery, assault, aggravated assault,
173	173	23 violation of an order of protection, or a
174	174	24 substantially similar offense in another jurisdiction,
175	175	25 in which a firearm was used or possessed;
176	176	26 (ix) He or she has not been convicted of domestic
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187	187	1 battery, aggravated domestic battery, or a
188	188	2 substantially similar offense in another jurisdiction
189	189	3 committed before, on or after January 1, 2012 (the
190	190	4 effective date of Public Act 97-158). If the applicant
191	191	5 knowingly and intelligently waives the right to have
192	192	6 an offense described in this clause (ix) tried by a
193	193	7 jury, and by guilty plea or otherwise, results in a
194	194	8 conviction for an offense in which a domestic
195	195	9 relationship is not a required element of the offense
196	196	10 but in which a determination of the applicability of
197	197	11 18 U.S.C. 922(g)(9) is made under Section 112A-11.1 of
198	198	12 the Code of Criminal Procedure of 1963, an entry by the
199	199	13 court of a judgment of conviction for that offense
200	200	14 shall be grounds for denying the issuance of a Firearm
201	201	15 Owner's Identification Card under this Section;
202	202	16 (x) (Blank);
203	203	17 (xi) He or she is not a noncitizen who has been
204	204	18 admitted to the United States under a non-immigrant
205	205	19 visa (as that term is defined in Section 101(a)(26) of
206	206	20 the Immigration and Nationality Act (8 U.S.C.
207	207	21 1101(a)(26))), or that he or she is a noncitizen who
208	208	22 has been lawfully admitted to the United States under
209	209	23 a non-immigrant visa if that noncitizen is:
210	210	24 (1) admitted to the United States for lawful
211	211	25 hunting or sporting purposes;
212	212	26 (2) an official representative of a foreign
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223	223	1 government who is:
224	224	2 (A) accredited to the United States
225	225	3 Government or the Government's mission to an
226	226	4 international organization having its
227	227	5 headquarters in the United States; or
228	228	6 (B) en route to or from another country to
229	229	7 which that noncitizen is accredited;
230	230	8 (3) an official of a foreign government or
231	231	9 distinguished foreign visitor who has been so
232	232	10 designated by the Department of State;
233	233	11 (4) a foreign law enforcement officer of a
234	234	12 friendly foreign government entering the United
235	235	13 States on official business; or
236	236	14 (5) one who has received a waiver from the
237	237	15 Attorney General of the United States pursuant to
238	238	16 18 U.S.C. 922(y)(3);
239	239	17 (xii) He or she is not a minor subject to a
240	240	18 petition filed under Section 5-520 of the Juvenile
241	241	19 Court Act of 1987 alleging that the minor is a
242	242	20 delinquent minor for the commission of an offense that
243	243	21 if committed by an adult would be a felony;
244	244	22 (xiii) He or she is not an adult who had been
245	245	23 adjudicated a delinquent minor under the Juvenile
246	246	24 Court Act of 1987 for the commission of an offense that
247	247	25 if committed by an adult would be a felony;
248	248	26 (xiv) He or she is a resident of the State of
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259	259	1 Illinois;
260	260	2 (xv) He or she has not been adjudicated as a person
261	261	3 with a mental disability;
262	262	4 (xvi) He or she has not been involuntarily
263	263	5 admitted into a mental health facility; and
264	264	6 (xvii) He or she is not a person with a
265	265	7 developmental disability; and
266	266	8 (xviii) If he or she is applying for or renewing a
267	267	9 Firearm Owner's Identification Card, that he or she has
268	268	10 completed at least 8 hours of handgun safety training
269	269	11 approved by the Director of the Illinois State Police; and
270	270	12 (3) Upon request by the Illinois State Police, sign a
271	271	13 release on a form prescribed by the Illinois State Police
272	272	14 waiving any right to confidentiality and requesting the
273	273	15 disclosure to the Illinois State Police of limited mental
274	274	16 health institution admission information from another
275	275	17 state, the District of Columbia, any other territory of
276	276	18 the United States, or a foreign nation concerning the
277	277	19 applicant for the sole purpose of determining whether the
278	278	20 applicant is or was a patient in a mental health
279	279	21 institution and disqualified because of that status from
280	280	22 receiving a Firearm Owner's Identification Card. No mental
281	281	23 health care or treatment records may be requested. The
282	282	24 information received shall be destroyed within one year of
283	283	25 receipt.
284	284	26 (a-5) Each applicant for a Firearm Owner's Identification
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295	295	1 Card who is over the age of 18 shall furnish to the Illinois
296	296	2 State Police either his or her Illinois driver's license
297	297	3 number or Illinois Identification Card number, except as
298	298	4 provided in subsection (a-10).
299	299	5 (a-10) Each applicant for a Firearm Owner's Identification
300	300	6 Card, who is employed as a law enforcement officer, an armed
301	301	7 security officer in Illinois, or by the United States Military
302	302	8 permanently assigned in Illinois and who is not an Illinois
303	303	9 resident, shall furnish to the Illinois State Police his or
304	304	10 her driver's license number or state identification card
305	305	11 number from his or her state of residence. The Illinois State
306	306	12 Police may adopt rules to enforce the provisions of this
307	307	13 subsection (a-10).
308	308	14 (a-15) If an applicant applying for a Firearm Owner's
309	309	15 Identification Card moves from the residence address named in
310	310	16 the application, he or she shall immediately notify in a form
311	311	17 and manner prescribed by the Illinois State Police of that
312	312	18 change of address.
313	313	19 (a-20) Each applicant for a Firearm Owner's Identification
314	314	20 Card shall furnish to the Illinois State Police his or her
315	315	21 photograph. An applicant who is 21 years of age or older
316	316	22 seeking a religious exemption to the photograph requirement
317	317	23 must furnish with the application an approved copy of United
318	318	24 States Department of the Treasury Internal Revenue Service
319	319	25 Form 4029. In lieu of a photograph, an applicant regardless of
320	320	26 age seeking a religious exemption to the photograph
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331	331	1 requirement shall submit fingerprints on a form and manner
332	332	2 prescribed by the Illinois State Police with his or her
333	333	3 application.
334	334	4 (a-25) Beginning January 1, 2023, each applicant for the
335	335	5 issuance of a Firearm Owner's Identification Card may include
336	336	6 a full set of his or her fingerprints in electronic format to
337	337	7 the Illinois State Police, unless the applicant has previously
338	338	8 provided a full set of his or her fingerprints to the Illinois
339	339	9 State Police under this Act or the Firearm Concealed Carry
340	340	10 Act.
341	341	11 The fingerprints must be transmitted through a live scan
342	342	12 fingerprint vendor licensed by the Department of Financial and
343	343	13 Professional Regulation. The fingerprints shall be checked
344	344	14 against the fingerprint records now and hereafter filed in the
345	345	15 Illinois State Police and Federal Bureau of Investigation
346	346	16 criminal history records databases, including all available
347	347	17 State and local criminal history record information files.
348	348	18 The Illinois State Police shall charge applicants a
349	349	19 one-time fee for conducting the criminal history record check,
350	350	20 which shall be deposited into the State Police Services Fund
351	351	21 and shall not exceed the actual cost of the State and national
352	352	22 criminal history record check.
353	353	23 (a-26) The Illinois State Police shall research, explore,
354	354	24 and report to the General Assembly by January 1, 2022 on the
355	355	25 feasibility of permitting voluntarily submitted fingerprints
356	356	26 obtained for purposes other than Firearm Owner's
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367	367	1 Identification Card enforcement that are contained in the
368	368	2 Illinois State Police database for purposes of this Act.
369	369	3 (b) Each application form shall include the following
370	370	4 statement printed in bold type: "Warning: Entering false
371	371	5 information on an application for a Firearm Owner's
372	372	6 Identification Card is punishable as a Class 2 felony in
373	373	7 accordance with subsection (d-5) of Section 14 of the Firearm
374	374	8 Owners Identification Card Act.".
375	375	9 (c) Upon such written consent, pursuant to Section 4,
376	376	10 paragraph (a)(2)(i), the parent or legal guardian giving the
377	377	11 consent shall be liable for any damages resulting from the
378	378	12 applicant's use of firearms or firearm ammunition.
379	379	13 (Source: P.A. 101-80, eff. 7-12-19; 102-237, eff. 1-1-22;
380	380	14 102-538, eff. 8-20-21; 102-813, eff. 5-13-22; 102-1030, eff.
381	381	15 5-27-22; 102-1116, eff. 1-10-23.)
382	382	16 (430 ILCS 65/8) (from Ch. 38, par. 83-8)
383	383	17 Sec. 8. Grounds for denial and revocation. The Illinois
384	384	18 State Police has authority to deny an application for or to
385	385	19 revoke and seize a Firearm Owner's Identification Card
386	386	20 previously issued under this Act only if the Illinois State
387	387	21 Police finds that the applicant or the person to whom such card
388	388	22 was issued is or was at the time of issuance:
389	389	23 (a) A person under 21 years of age who has been
390	390	24 convicted of a misdemeanor other than a traffic offense or
391	391	25 adjudged delinquent;
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402	402	1 (b) This subsection (b) applies through the 180th day
403	403	2 following July 12, 2019 (the effective date of Public Act
404	404	3 101-80). A person under 21 years of age who does not have
405	405	4 the written consent of his parent or guardian to acquire
406	406	5 and possess firearms and firearm ammunition, or whose
407	407	6 parent or guardian has revoked such written consent, or
408	408	7 where such parent or guardian does not qualify to have a
409	409	8 Firearm Owner's Identification Card;
410	410	9 (b-5) This subsection (b-5) applies on and after the
411	411	10 181st day following July 12, 2019 (the effective date of
412	412	11 Public Act 101-80). A person under 21 years of age who is
413	413	12 not an active duty member of the United States Armed
414	414	13 Forces or the Illinois National Guard and does not have
415	415	14 the written consent of his or her parent or guardian to
416	416	15 acquire and possess firearms and firearm ammunition, or
417	417	16 whose parent or guardian has revoked such written consent,
418	418	17 or where such parent or guardian does not qualify to have a
419	419	18 Firearm Owner's Identification Card;
420	420	19 (c) A person convicted of a felony under the laws of
421	421	20 this or any other jurisdiction;
422	422	21 (d) A person addicted to narcotics;
423	423	22 (e) A person who has been a patient of a mental health
424	424	23 facility within the past 5 years or a person who has been a
425	425	24 patient in a mental health facility more than 5 years ago
426	426	25 who has not received the certification required under
427	427	26 subsection (u) of this Section. An active law enforcement
428	428
429	429
430	430
431	431
432	432
433	433	HB3239 - 11 - LRB103 27318 RLC 53689 b
434	434
435	435
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437	437	HB3239 - 12 - LRB103 27318 RLC 53689 b
438	438	1 officer employed by a unit of government or a Department
439	439	2 of Corrections employee authorized to possess firearms who
440	440	3 is denied, revoked, or has his or her Firearm Owner's
441	441	4 Identification Card seized under this subsection (e) may
442	442	5 obtain relief as described in subsection (c-5) of Section
443	443	6 10 of this Act if the officer or employee did not act in a
444	444	7 manner threatening to the officer or employee, another
445	445	8 person, or the public as determined by the treating
446	446	9 clinical psychologist or physician, and the officer or
447	447	10 employee seeks mental health treatment;
448	448	11 (f) A person whose mental condition is of such a
449	449	12 nature that it poses a clear and present danger to the
450	450	13 applicant, any other person or persons, or the community;
451	451	14 (g) A person who has an intellectual disability;
452	452	15 (h) A person who intentionally makes a false statement
453	453	16 in the Firearm Owner's Identification Card application or
454	454	17 endorsement affidavit;
455	455	18 (i) A noncitizen who is unlawfully present in the
456	456	19 United States under the laws of the United States;
457	457	20 (i-5) A noncitizen who has been admitted to the United
458	458	21 States under a non-immigrant visa (as that term is defined
459	459	22 in Section 101(a)(26) of the Immigration and Nationality
460	460	23 Act (8 U.S.C. 1101(a)(26))), except that this subsection
461	461	24 (i-5) does not apply to any noncitizen who has been
462	462	25 lawfully admitted to the United States under a
463	463	26 non-immigrant visa if that noncitizen is:
464	464
465	465
466	466
467	467
468	468
469	469	HB3239 - 12 - LRB103 27318 RLC 53689 b
470	470
471	471
472	472	HB3239- 13 -LRB103 27318 RLC 53689 b HB3239 - 13 - LRB103 27318 RLC 53689 b
473	473	HB3239 - 13 - LRB103 27318 RLC 53689 b
474	474	1 (1) admitted to the United States for lawful
475	475	2 hunting or sporting purposes;
476	476	3 (2) an official representative of a foreign
477	477	4 government who is:
478	478	5 (A) accredited to the United States Government
479	479	6 or the Government's mission to an international
480	480	7 organization having its headquarters in the United
481	481	8 States; or
482	482	9 (B) en route to or from another country to
483	483	10 which that noncitizen is accredited;
484	484	11 (3) an official of a foreign government or
485	485	12 distinguished foreign visitor who has been so
486	486	13 designated by the Department of State;
487	487	14 (4) a foreign law enforcement officer of a
488	488	15 friendly foreign government entering the United States
489	489	16 on official business; or
490	490	17 (5) one who has received a waiver from the
491	491	18 Attorney General of the United States pursuant to 18
492	492	19 U.S.C. 922(y)(3);
493	493	20 (j) (Blank);
494	494	21 (k) A person who has been convicted within the past 5
495	495	22 years of battery, assault, aggravated assault, violation
496	496	23 of an order of protection, or a substantially similar
497	497	24 offense in another jurisdiction, in which a firearm was
498	498	25 used or possessed;
499	499	26 (l) A person who has been convicted of domestic
500	500
501	501
502	502
503	503
504	504
505	505	HB3239 - 13 - LRB103 27318 RLC 53689 b
506	506
507	507
508	508	HB3239- 14 -LRB103 27318 RLC 53689 b HB3239 - 14 - LRB103 27318 RLC 53689 b
509	509	HB3239 - 14 - LRB103 27318 RLC 53689 b
510	510	1 battery, aggravated domestic battery, or a substantially
511	511	2 similar offense in another jurisdiction committed before,
512	512	3 on or after January 1, 2012 (the effective date of Public
513	513	4 Act 97-158). If the applicant or person who has been
514	514	5 previously issued a Firearm Owner's Identification Card
515	515	6 under this Act knowingly and intelligently waives the
516	516	7 right to have an offense described in this paragraph (l)
517	517	8 tried by a jury, and by guilty plea or otherwise, results
518	518	9 in a conviction for an offense in which a domestic
519	519	10 relationship is not a required element of the offense but
520	520	11 in which a determination of the applicability of 18 U.S.C.
521	521	12 922(g)(9) is made under Section 112A-11.1 of the Code of
522	522	13 Criminal Procedure of 1963, an entry by the court of a
523	523	14 judgment of conviction for that offense shall be grounds
524	524	15 for denying an application for and for revoking and
525	525	16 seizing a Firearm Owner's Identification Card previously
526	526	17 issued to the person under this Act;
527	527	18 (m) (Blank);
528	528	19 (n) A person who is prohibited from acquiring or
529	529	20 possessing firearms or firearm ammunition by any Illinois
530	530	21 State statute or by federal law;
531	531	22 (o) A minor subject to a petition filed under Section
532	532	23 5-520 of the Juvenile Court Act of 1987 alleging that the
533	533	24 minor is a delinquent minor for the commission of an
534	534	25 offense that if committed by an adult would be a felony;
535	535	26 (p) An adult who had been adjudicated a delinquent
536	536
537	537
538	538
539	539
540	540
541	541	HB3239 - 14 - LRB103 27318 RLC 53689 b
542	542
543	543
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545	545	HB3239 - 15 - LRB103 27318 RLC 53689 b
546	546	1 minor under the Juvenile Court Act of 1987 for the
547	547	2 commission of an offense that if committed by an adult
548	548	3 would be a felony;
549	549	4 (q) A person who is not a resident of the State of
550	550	5 Illinois, except as provided in subsection (a-10) of
551	551	6 Section 4;
552	552	7 (r) A person who has been adjudicated as a person with
553	553	8 a mental disability;
554	554	9 (s) A person who has been found to have a
555	555	10 developmental disability;
556	556	11 (t) A person involuntarily admitted into a mental
557	557	12 health facility; or
558	558	13 (u) A person who has had his or her Firearm Owner's
559	559	14 Identification Card revoked or denied under subsection (e)
560	560	15 of this Section or item (iv) of paragraph (2) of
561	561	16 subsection (a) of Section 4 of this Act because he or she
562	562	17 was a patient in a mental health facility as provided in
563	563	18 subsection (e) of this Section, shall not be permitted to
564	564	19 obtain a Firearm Owner's Identification Card, after the
565	565	20 5-year period has lapsed, unless he or she has received a
566	566	21 mental health evaluation by a physician, clinical
567	567	22 psychologist, or qualified examiner as those terms are
568	568	23 defined in the Mental Health and Developmental
569	569	24 Disabilities Code, and has received a certification that
570	570	25 he or she is not a clear and present danger to himself,
571	571	26 herself, or others. The physician, clinical psychologist,
572	572
573	573
574	574
575	575
576	576
577	577	HB3239 - 15 - LRB103 27318 RLC 53689 b
578	578
579	579
580	580	HB3239- 16 -LRB103 27318 RLC 53689 b HB3239 - 16 - LRB103 27318 RLC 53689 b
581	581	HB3239 - 16 - LRB103 27318 RLC 53689 b
582	582	1 or qualified examiner making the certification and his or
583	583	2 her employer shall not be held criminally, civilly, or
584	584	3 professionally liable for making or not making the
585	585	4 certification required under this subsection, except for
586	586	5 willful or wanton misconduct. This subsection does not
587	587	6 apply to a person whose firearm possession rights have
588	588	7 been restored through administrative or judicial action
589	589	8 under Section 10 or 11 of this Act ; or .
590	590	9 (v) A person who is applying for or renewing a Firearm
591	591	10 Owner's Identification Card and has not completed at least
592	592	11 8 hours of handgun safety training approved by the
593	593	12 Director of the Illinois State Police.
594	594	13 Upon revocation of a person's Firearm Owner's
595	595	14 Identification Card, the Illinois State Police shall provide
596	596	15 notice to the person and the person shall comply with Section
597	597	16 9.5 of this Act.
598	598	17 (Source: P.A. 101-80, eff. 7-12-19; 102-538, eff. 8-20-21;
599	599	18 102-645, eff. 1-1-22; 102-813, eff. 5-13-22; 102-1030, eff.
600	600	19 5-27-22; 102-1116, eff. 1-10-23.)
601	601	20 Section 95. The Criminal Code of 2012 is amended by
602	602	21 changing Sections 24-3 and 24-3.5 as follows:
603	603	22 (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
604	604	23 Sec. 24-3. Unlawful sale or delivery of firearms.
605	605	24 (A) A person commits the offense of unlawful sale or
606	606
607	607
608	608
609	609
610	610
611	611	HB3239 - 16 - LRB103 27318 RLC 53689 b
612	612
613	613
614	614	HB3239- 17 -LRB103 27318 RLC 53689 b HB3239 - 17 - LRB103 27318 RLC 53689 b
615	615	HB3239 - 17 - LRB103 27318 RLC 53689 b
616	616	1 delivery of firearms when he or she knowingly does any of the
617	617	2 following:
618	618	3 (a) Sells or gives any firearm of a size which may be
619	619	4 concealed upon the person to any person under 18 years of
620	620	5 age.
621	621	6 (b) Sells or gives any firearm to a person under 21
622	622	7 years of age who has been convicted of a misdemeanor other
623	623	8 than a traffic offense or adjudged delinquent.
624	624	9 (c) Sells or gives any firearm to any narcotic addict.
625	625	10 (d) Sells or gives any firearm to any person who has
626	626	11 been convicted of a felony under the laws of this or any
627	627	12 other jurisdiction.
628	628	13 (e) Sells or gives any firearm to any person who has
629	629	14 been a patient in a mental institution within the past 5
630	630	15 years. In this subsection (e):
631	631	16 "Mental institution" means any hospital,
632	632	17 institution, clinic, evaluation facility, mental
633	633	18 health center, or part thereof, which is used
634	634	19 primarily for the care or treatment of persons with
635	635	20 mental illness.
636	636	21 "Patient in a mental institution" means the person
637	637	22 was admitted, either voluntarily or involuntarily, to
638	638	23 a mental institution for mental health treatment,
639	639	24 unless the treatment was voluntary and solely for an
640	640	25 alcohol abuse disorder and no other secondary
641	641	26 substance abuse disorder or mental illness.
642	642
643	643
644	644
645	645
646	646
647	647	HB3239 - 17 - LRB103 27318 RLC 53689 b
648	648
649	649
650	650	HB3239- 18 -LRB103 27318 RLC 53689 b HB3239 - 18 - LRB103 27318 RLC 53689 b
651	651	HB3239 - 18 - LRB103 27318 RLC 53689 b
652	652	1 (f) Sells or gives any firearms to any person who is a
653	653	2 person with an intellectual disability.
654	654	3 (g) Delivers any firearm, incidental to a sale,
655	655	4 without withholding delivery of the firearm for at least
656	656	5 72 hours after application for its purchase has been made,
657	657	6 or delivers a stun gun or taser, incidental to a sale,
658	658	7 without withholding delivery of the stun gun or taser for
659	659	8 at least 24 hours after application for its purchase has
660	660	9 been made. However, this paragraph (g) does not apply to:
661	661	10 (1) the sale of a firearm to a law enforcement officer if
662	662	11 the seller of the firearm knows that the person to whom he
663	663	12 or she is selling the firearm is a law enforcement officer
664	664	13 or the sale of a firearm to a person who desires to
665	665	14 purchase a firearm for use in promoting the public
666	666	15 interest incident to his or her employment as a bank
667	667	16 guard, armed truck guard, or other similar employment; (2)
668	668	17 a mail order sale of a firearm from a federally licensed
669	669	18 firearms dealer to a nonresident of Illinois under which
670	670	19 the firearm is mailed to a federally licensed firearms
671	671	20 dealer outside the boundaries of Illinois; (3) (blank);
672	672	21 (4) the sale of a firearm to a dealer licensed as a federal
673	673	22 firearms dealer under Section 923 of the federal Gun
674	674	23 Control Act of 1968 (18 U.S.C. 923); or (5) the transfer or
675	675	24 sale of any rifle, shotgun, or other long gun to a resident
676	676	25 registered competitor or attendee or non-resident
677	677	26 registered competitor or attendee by any dealer licensed
678	678
679	679
680	680
681	681
682	682
683	683	HB3239 - 18 - LRB103 27318 RLC 53689 b
684	684
685	685
686	686	HB3239- 19 -LRB103 27318 RLC 53689 b HB3239 - 19 - LRB103 27318 RLC 53689 b
687	687	HB3239 - 19 - LRB103 27318 RLC 53689 b
688	688	1 as a federal firearms dealer under Section 923 of the
689	689	2 federal Gun Control Act of 1968 at competitive shooting
690	690	3 events held at the World Shooting Complex sanctioned by a
691	691	4 national governing body. For purposes of transfers or
692	692	5 sales under subparagraph (5) of this paragraph (g), the
693	693	6 Department of Natural Resources shall give notice to the
694	694	7 Illinois State Police at least 30 calendar days prior to
695	695	8 any competitive shooting events at the World Shooting
696	696	9 Complex sanctioned by a national governing body. The
697	697	10 notification shall be made on a form prescribed by the
698	698	11 Illinois State Police. The sanctioning body shall provide
699	699	12 a list of all registered competitors and attendees at
700	700	13 least 24 hours before the events to the Illinois State
701	701	14 Police. Any changes to the list of registered competitors
702	702	15 and attendees shall be forwarded to the Illinois State
703	703	16 Police as soon as practicable. The Illinois State Police
704	704	17 must destroy the list of registered competitors and
705	705	18 attendees no later than 30 days after the date of the
706	706	19 event. Nothing in this paragraph (g) relieves a federally
707	707	20 licensed firearm dealer from the requirements of
708	708	21 conducting a NICS background check through the Illinois
709	709	22 Point of Contact under 18 U.S.C. 922(t). For purposes of
710	710	23 this paragraph (g), "application" means when the buyer and
711	711	24 seller reach an agreement to purchase a firearm. For
712	712	25 purposes of this paragraph (g), "national governing body"
713	713	26 means a group of persons who adopt rules and formulate
714	714
715	715
716	716
717	717
718	718
719	719	HB3239 - 19 - LRB103 27318 RLC 53689 b
720	720
721	721
722	722	HB3239- 20 -LRB103 27318 RLC 53689 b HB3239 - 20 - LRB103 27318 RLC 53689 b
723	723	HB3239 - 20 - LRB103 27318 RLC 53689 b
724	724	1 policy on behalf of a national firearm sporting
725	725	2 organization.
726	726	3 (h) While holding any license as a dealer, importer,
727	727	4 manufacturer or pawnbroker under the federal Gun Control
728	728	5 Act of 1968, manufactures, sells or delivers to any
729	729	6 unlicensed person a handgun having a barrel, slide, frame
730	730	7 or receiver which is a die casting of zinc alloy or any
731	731	8 other nonhomogeneous metal which will melt or deform at a
732	732	9 temperature of less than 800 degrees Fahrenheit. For
733	733	10 purposes of this paragraph, (1) "firearm" is defined as in
734	734	11 the Firearm Owners Identification Card Act; and (2)
735	735	12 "handgun" is defined as a firearm designed to be held and
736	736	13 fired by the use of a single hand, and includes a
737	737	14 combination of parts from which such a firearm can be
738	738	15 assembled.
739	739	16 (i) Sells or gives a firearm of any size to any person
740	740	17 under 18 years of age who does not possess a valid Firearm
741	741	18 Owner's Identification Card.
742	742	19 (j) Sells or gives a firearm while engaged in the
743	743	20 business of selling firearms at wholesale or retail
744	744	21 without being licensed as a federal firearms dealer under
745	745	22 Section 923 of the federal Gun Control Act of 1968 (18
746	746	23 U.S.C. 923). In this paragraph (j):
747	747	24 A person "engaged in the business" means a person who
748	748	25 devotes time, attention, and labor to engaging in the
749	749	26 activity as a regular course of trade or business with the
750	750
751	751
752	752
753	753
754	754
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756	756
757	757
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759	759	HB3239 - 21 - LRB103 27318 RLC 53689 b
760	760	1 principal objective of livelihood and profit, but does not
761	761	2 include a person who makes occasional repairs of firearms
762	762	3 or who occasionally fits special barrels, stocks, or
763	763	4 trigger mechanisms to firearms.
764	764	5 "With the principal objective of livelihood and
765	765	6 profit" means that the intent underlying the sale or
766	766	7 disposition of firearms is predominantly one of obtaining
767	767	8 livelihood and pecuniary gain, as opposed to other
768	768	9 intents, such as improving or liquidating a personal
769	769	10 firearms collection; however, proof of profit shall not be
770	770	11 required as to a person who engages in the regular and
771	771	12 repetitive purchase and disposition of firearms for
772	772	13 criminal purposes or terrorism.
773	773	14 (k) Sells or transfers ownership of a firearm to a
774	774	15 person who does not display to the seller or transferor of
775	775	16 the firearm either: (1) a currently valid Firearm Owner's
776	776	17 Identification Card that has previously been issued in the
777	777	18 transferee's name by the Illinois State Police under the
778	778	19 provisions of the Firearm Owners Identification Card Act;
779	779	20 or (2) a currently valid license to carry a concealed
780	780	21 firearm that has previously been issued in the
781	781	22 transferee's name by the Illinois State Police under the
782	782	23 Firearm Concealed Carry Act. This paragraph (k) does not
783	783	24 apply to the transfer of a firearm to a person who is
784	784	25 exempt from the requirement of possessing a Firearm
785	785	26 Owner's Identification Card under Section 2 of the Firearm
786	786
787	787
788	788
789	789
790	790
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792	792
793	793
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795	795	HB3239 - 22 - LRB103 27318 RLC 53689 b
796	796	1 Owners Identification Card Act. For the purposes of this
797	797	2 Section, a currently valid Firearm Owner's Identification
798	798	3 Card or license to carry a concealed firearm means receipt
799	799	4 of an approval number issued in accordance with subsection
800	800	5 (a-10) of Section 3 or Section 3.1 of the Firearm Owners
801	801	6 Identification Card Act.
802	802	7 (1) In addition to the other requirements of this
803	803	8 paragraph (k), all persons who are not federally
804	804	9 licensed firearms dealers must also have complied with
805	805	10 subsection (a-10) of Section 3 of the Firearm Owners
806	806	11 Identification Card Act by determining the validity of
807	807	12 a purchaser's Firearm Owner's Identification Card.
808	808	13 (2) All sellers or transferors who have complied
809	809	14 with the requirements of subparagraph (1) of this
810	810	15 paragraph (k) shall not be liable for damages in any
811	811	16 civil action arising from the use or misuse by the
812	812	17 transferee of the firearm transferred, except for
813	813	18 willful or wanton misconduct on the part of the seller
814	814	19 or transferor.
815	815	20 (l) Not being entitled to the possession of a firearm,
816	816	21 delivers the firearm, knowing it to have been stolen or
817	817	22 converted. It may be inferred that a person who possesses
818	818	23 a firearm with knowledge that its serial number has been
819	819	24 removed or altered has knowledge that the firearm is
820	820	25 stolen or converted.
821	821	26 (m) Sells or gives a firearm to a person who does not
822	822
823	823
824	824
825	825
826	826
827	827	HB3239 - 22 - LRB103 27318 RLC 53689 b
828	828
829	829
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831	831	HB3239 - 23 - LRB103 27318 RLC 53689 b
832	832	1 display to the seller or transferor a permit to purchase
833	833	2 the firearm issued by the local law enforcement agency
834	834	3 under Section 3.4 of the Firearm Owners Identification
835	835	4 Card Act.
836	836	5 (B) Paragraph (h) of subsection (A) does not include
837	837	6 firearms sold within 6 months after enactment of Public Act
838	838	7 78-355 (approved August 21, 1973, effective October 1, 1973),
839	839	8 nor is any firearm legally owned or possessed by any citizen or
840	840	9 purchased by any citizen within 6 months after the enactment
841	841	10 of Public Act 78-355 subject to confiscation or seizure under
842	842	11 the provisions of that Public Act. Nothing in Public Act
843	843	12 78-355 shall be construed to prohibit the gift or trade of any
844	844	13 firearm if that firearm was legally held or acquired within 6
845	845	14 months after the enactment of that Public Act.
846	846	15 (C) Sentence.
847	847	16 (1) Any person convicted of unlawful sale or delivery
848	848	17 of firearms in violation of paragraph (c), (e), (f), (g),
849	849	18 or (h) of subsection (A) commits a Class 4 felony.
850	850	19 (2) Any person convicted of unlawful sale or delivery
851	851	20 of firearms in violation of paragraph (b) or (i) of
852	852	21 subsection (A) commits a Class 3 felony.
853	853	22 (3) Any person convicted of unlawful sale or delivery
854	854	23 of firearms in violation of paragraph (a) of subsection
855	855	24 (A) commits a Class 2 felony.
856	856	25 (4) Any person convicted of unlawful sale or delivery
857	857	26 of firearms in violation of paragraph (a), (b), or (i) of
858	858
859	859
860	860
861	861
862	862
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864	864
865	865
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867	867	HB3239 - 24 - LRB103 27318 RLC 53689 b
868	868	1 subsection (A) in any school, on the real property
869	869	2 comprising a school, within 1,000 feet of the real
870	870	3 property comprising a school, at a school related
871	871	4 activity, or on or within 1,000 feet of any conveyance
872	872	5 owned, leased, or contracted by a school or school
873	873	6 district to transport students to or from school or a
874	874	7 school related activity, regardless of the time of day or
875	875	8 time of year at which the offense was committed, commits a
876	876	9 Class 1 felony. Any person convicted of a second or
877	877	10 subsequent violation of unlawful sale or delivery of
878	878	11 firearms in violation of paragraph (a), (b), or (i) of
879	879	12 subsection (A) in any school, on the real property
880	880	13 comprising a school, within 1,000 feet of the real
881	881	14 property comprising a school, at a school related
882	882	15 activity, or on or within 1,000 feet of any conveyance
883	883	16 owned, leased, or contracted by a school or school
884	884	17 district to transport students to or from school or a
885	885	18 school related activity, regardless of the time of day or
886	886	19 time of year at which the offense was committed, commits a
887	887	20 Class 1 felony for which the sentence shall be a term of
888	888	21 imprisonment of no less than 5 years and no more than 15
889	889	22 years.
890	890	23 (5) Any person convicted of unlawful sale or delivery
891	891	24 of firearms in violation of paragraph (a) or (i) of
892	892	25 subsection (A) in residential property owned, operated, or
893	893	26 managed by a public housing agency or leased by a public
894	894
895	895
896	896
897	897
898	898
899	899	HB3239 - 24 - LRB103 27318 RLC 53689 b
900	900
901	901
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904	904	1 housing agency as part of a scattered site or mixed-income
905	905	2 development, in a public park, in a courthouse, on
906	906	3 residential property owned, operated, or managed by a
907	907	4 public housing agency or leased by a public housing agency
908	908	5 as part of a scattered site or mixed-income development,
909	909	6 on the real property comprising any public park, on the
910	910	7 real property comprising any courthouse, or on any public
911	911	8 way within 1,000 feet of the real property comprising any
912	912	9 public park, courthouse, or residential property owned,
913	913	10 operated, or managed by a public housing agency or leased
914	914	11 by a public housing agency as part of a scattered site or
915	915	12 mixed-income development commits a Class 2 felony.
916	916	13 (6) Any person convicted of unlawful sale or delivery
917	917	14 of firearms in violation of paragraph (j) of subsection
918	918	15 (A) commits a Class A misdemeanor. A second or subsequent
919	919	16 violation is a Class 4 felony.
920	920	17 (7) Any person convicted of unlawful sale or delivery
921	921	18 of firearms in violation of paragraph (k) of subsection
922	922	19 (A) commits a Class 4 felony, except that a violation of
923	923	20 subparagraph (1) of paragraph (k) of subsection (A) shall
924	924	21 not be punishable as a crime or petty offense. A third or
925	925	22 subsequent conviction for a violation of paragraph (k) of
926	926	23 subsection (A) is a Class 1 felony.
927	927	24 (8) A person 18 years of age or older convicted of
928	928	25 unlawful sale or delivery of firearms in violation of
929	929	26 paragraph (a) or (i) of subsection (A), when the firearm
930	930
931	931
932	932
933	933
934	934
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936	936
937	937
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939	939	HB3239 - 26 - LRB103 27318 RLC 53689 b
940	940	1 that was sold or given to another person under 18 years of
941	941	2 age was used in the commission of or attempt to commit a
942	942	3 forcible felony, shall be fined or imprisoned, or both,
943	943	4 not to exceed the maximum provided for the most serious
944	944	5 forcible felony so committed or attempted by the person
945	945	6 under 18 years of age who was sold or given the firearm.
946	946	7 (9) Any person convicted of unlawful sale or delivery
947	947	8 of firearms in violation of paragraph (d) of subsection
948	948	9 (A) commits a Class 3 felony.
949	949	10 (10) Any person convicted of unlawful sale or delivery
950	950	11 of firearms in violation of paragraph (l) of subsection
951	951	12 (A) commits a Class 2 felony if the delivery is of one
952	952	13 firearm. Any person convicted of unlawful sale or delivery
953	953	14 of firearms in violation of paragraph (l) of subsection
954	954	15 (A) commits a Class 1 felony if the delivery is of not less
955	955	16 than 2 and not more than 5 firearms at the same time or
956	956	17 within a one-year period. Any person convicted of unlawful
957	957	18 sale or delivery of firearms in violation of paragraph (l)
958	958	19 of subsection (A) commits a Class X felony for which he or
959	959	20 she shall be sentenced to a term of imprisonment of not
960	960	21 less than 6 years and not more than 30 years if the
961	961	22 delivery is of not less than 6 and not more than 10
962	962	23 firearms at the same time or within a 2-year period. Any
963	963	24 person convicted of unlawful sale or delivery of firearms
964	964	25 in violation of paragraph (l) of subsection (A) commits a
965	965	26 Class X felony for which he or she shall be sentenced to a
966	966
967	967
968	968
969	969
970	970
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972	972
973	973
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975	975	HB3239 - 27 - LRB103 27318 RLC 53689 b
976	976	1 term of imprisonment of not less than 6 years and not more
977	977	2 than 40 years if the delivery is of not less than 11 and
978	978	3 not more than 20 firearms at the same time or within a
979	979	4 3-year period. Any person convicted of unlawful sale or
980	980	5 delivery of firearms in violation of paragraph (l) of
981	981	6 subsection (A) commits a Class X felony for which he or she
982	982	7 shall be sentenced to a term of imprisonment of not less
983	983	8 than 6 years and not more than 50 years if the delivery is
984	984	9 of not less than 21 and not more than 30 firearms at the
985	985	10 same time or within a 4-year period. Any person convicted
986	986	11 of unlawful sale or delivery of firearms in violation of
987	987	12 paragraph (l) of subsection (A) commits a Class X felony
988	988	13 for which he or she shall be sentenced to a term of
989	989	14 imprisonment of not less than 6 years and not more than 60
990	990	15 years if the delivery is of 31 or more firearms at the same
991	991	16 time or within a 5-year period.
992	992	17 (11) Any person convicted of unlawful sale or delivery
993	993	18 of firearms in violation of paragraph (m) of subsection
994	994	19 (A) commits a Class 1 felony.
995	995	20 (D) For purposes of this Section:
996	996	21 "School" means a public or private elementary or secondary
997	997	22 school, community college, college, or university.
998	998	23 "School related activity" means any sporting, social,
999	999	24 academic, or other activity for which students' attendance or
1000	1000	25 participation is sponsored, organized, or funded in whole or
1001	1001	26 in part by a school or school district.
1002	1002
1003	1003
1004	1004
1005	1005
1006	1006
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1008	1008
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1012	1012	1 (E) A prosecution for a violation of paragraph (k) of
1013	1013	2 subsection (A) of this Section may be commenced within 6 years
1014	1014	3 after the commission of the offense. A prosecution for a
1015	1015	4 violation of this Section other than paragraph (g) of
1016	1016	5 subsection (A) of this Section may be commenced within 5 years
1017	1017	6 after the commission of the offense defined in the particular
1018	1018	7 paragraph.
1019	1019	8 (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
1020	1020	9 102-813, eff. 5-13-22.)
1021	1021	10 (720 ILCS 5/24-3.5)
1022	1022	11 Sec. 24-3.5. Unlawful purchase of a firearm.
1023	1023	12 (a) For purposes of this Section, "firearms transaction
1024	1024	13 record form" means a form:
1025	1025	14 (1) executed by a transferee of a firearm stating: (i)
1026	1026	15 the transferee's name and address (including county or
1027	1027	16 similar political subdivision); (ii) whether the
1028	1028	17 transferee is a citizen of the United States; (iii) the
1029	1029	18 transferee's State of residence; and (iv) the date and
1030	1030	19 place of birth, height, weight, and race of the
1031	1031	20 transferee; and
1032	1032	21 (2) on which the transferee certifies that he or she
1033	1033	22 is not prohibited by federal law from transporting or
1034	1034	23 shipping a firearm in interstate or foreign commerce or
1035	1035	24 receiving a firearm that has been shipped or transported
1036	1036	25 in interstate or foreign commerce or possessing a firearm
1037	1037
1038	1038
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1040	1040
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1043	1043
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1047	1047	1 in or affecting commerce.
1048	1048	2 (b) A person commits the offense of unlawful purchase of a
1049	1049	3 firearm who knowingly purchases or attempts to purchase a
1050	1050	4 firearm with the intent to deliver that firearm to another
1051	1051	5 person who is prohibited by federal or State law from
1052	1052	6 possessing a firearm.
1053	1053	7 (c) A person commits the offense of unlawful purchase of a
1054	1054	8 firearm when he or she, in purchasing or attempting to
1055	1055	9 purchase a firearm, intentionally provides false or misleading
1056	1056	10 information on a United States Department of the Treasury,
1057	1057	11 Bureau of Alcohol, Tobacco and Firearms firearms transaction
1058	1058	12 record form.
1059	1059	13 (c-5) A person commits the offense of unlawful purchase of
1060	1060	14 a firearm when he or she, in purchasing or attempting to
1061	1061	15 purchase a firearm does not display to the seller or
1062	1062	16 transferor of the firearm a permit to purchase the firearm
1063	1063	17 issued by the local law enforcement agency under Section 3.4
1064	1064	18 of the Firearm Owners Identification Card Act.
1065	1065	19 (d) Exemption. It is not a violation of subsection (b) of
1066	1066	20 this Section for a person to make a gift or loan of a firearm
1067	1067	21 to a person who is not prohibited by federal or State law from
1068	1068	22 possessing a firearm if the transfer of the firearm is made in
1069	1069	23 accordance with Section 3 of the Firearm Owners Identification
1070	1070	24 Card Act.
1071	1071	25 (e) Sentence.
1072	1072	26 (1) A person who commits the offense of unlawful
1073	1073
1074	1074
1075	1075
1076	1076
1077	1077
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1079	1079
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1083	1083	1 purchase of a firearm:
1084	1084	2 (A) is guilty of a Class 2 felony for purchasing or
1085	1085	3 attempting to purchase one firearm;
1086	1086	4 (B) is guilty of a Class 1 felony for purchasing or
1087	1087	5 attempting to purchase not less than 2 firearms and
1088	1088	6 not more than 5 firearms at the same time or within a
1089	1089	7 one year period;
1090	1090	8 (C) is guilty of a Class X felony for which the
1091	1091	9 offender shall be sentenced to a term of imprisonment
1092	1092	10 of not less than 9 years and not more than 40 years for
1093	1093	11 purchasing or attempting to purchase not less than 6
1094	1094	12 firearms at the same time or within a 2 year period; .
1095	1095	13 (D) is guilty of a Class 2 felony for purchasing or
1096	1096	14 attempting to purchase a firearm in violation of
1097	1097	15 subsection (c-5).
1098	1098	16 (2) In addition to any other penalty that may be
1099	1099	17 imposed for a violation of this Section, the court may
1100	1100	18 sentence a person convicted of a violation of subsection
1101	1101	19 (c) of this Section to a fine not to exceed $250,000 for
1102	1102	20 each violation.
1103	1103	21 (f) A prosecution for unlawful purchase of a firearm may
1104	1104	22 be commenced within 6 years after the commission of the
1105	1105	23 offense.
1106	1106	24 (Source: P.A. 95-882, eff. 1-1-09.)
1107	1107
1108	1108
1109	1109
1110	1110
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