|
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 SB3094 Introduced 2/7/2014, by Sen. Jacqueline Y. Collins SYNOPSIS AS INTRODUCED: |
| New Act | | 720 ILCS 5/24-3 | from Ch. 38, par. 24-3 |
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Creates the Firearms Registration Act. Provides that every person in the State must register each firearm he or she owns or possesses in accordance with the Act. Provides that a person shall not purchase or possess ammunition within this State without having first obtained a registration certificate identifying a firearm that is suitable for use with that ammunition, or a receipt demonstrating that the person has applied to register a suitable firearm under the Act and that the application is pending. Provides that the Department of State Police must complete a background check of any person who applies for: (1) a registration certificate for a firearm that was lawfully owned or possessed on the effective date of the Act, was brought into the State by a new resident, or was acquired by operation of law upon the death of the former owner; or (2) a renewal of a registration certificate unless, within 12 months of the date the renewal application is submitted, the applicant passed a background check conducted by the Department in connection with the applicant's acquisition of another firearm. Provides exceptions. Amends the Criminal Code of 2012. Provides that it is a Class 2 felony to sell or transfer ownership of a firearm to another person without complying with the registration requirement of the Firearms Registration Act.
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| | CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | | FISCAL NOTE ACT MAY APPLY |
| | A BILL FOR |
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| | SB3094 | | LRB098 17553 RLC 52662 b |
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1 | | AN ACT concerning criminal law.
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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 1. Short title. This Act may be cited as the |
5 | | Firearms Registration Act. |
6 | | Section 5. Definitions. As used in this Act: |
7 | | "Ammunition" has the same meaning as "firearm ammunition" |
8 | | in Section 1.1 of the Firearm Owners Identification Card Act. |
9 | | "Applicant" means a person who is seeking the issuance or |
10 | | renewal of a registration certificate for a firearm that he or |
11 | | she owns or possesses. |
12 | | "Department" means the Department of State Police. |
13 | | "Firearm" has the same meaning as "firearm" in Section 1.1 |
14 | | of the Firearm Owners Identification Card Act. |
15 | | "Person" means any individual, corporation, company, |
16 | | association, firm, partnership, club, organization, society, |
17 | | joint stock company, or other entity. |
18 | | "Registrant" means a person who has been issued a |
19 | | registration certificate for a firearm that he or she owns or |
20 | | possesses. |
21 | | Section 10. Firearm registration requirement. |
22 | | (a) Every person in this State must register each firearm |
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1 | | he or she owns or possesses in accordance with this Act. |
2 | | (b) A person shall not deliver, receive, or obtain a |
3 | | firearm, until each of the following have occurred: |
4 | | (1) the buyer or transferee has completed an |
5 | | application to register the firearm under Section 25; |
6 | | (2) the person transferring the firearm has verified |
7 | | that the prospective registrant is the person whose |
8 | | driver's license or other government-issued identification |
9 | | card is contained in the application; |
10 | | (3) the person transferring the firearm has |
11 | | transmitted the completed application to register the |
12 | | firearm to the Department of State Police in the manner |
13 | | prescribed by the Department; and |
14 | | (4) the person transferring the firearm has provided a |
15 | | receipt for the application to the prospective registrant |
16 | | on a form prescribed by the Department. |
17 | | (c) A person has complied with subsection (a) of this |
18 | | Section for a firearm if he or she produces a valid receipt |
19 | | indicating that he or she has applied to register that firearm |
20 | | under this Act and the application is pending. |
21 | | Section 15. Ammunition purchase, possession, delivery. |
22 | | (a) A person shall not purchase or possess ammunition |
23 | | within this State without having first obtained a registration |
24 | | certificate identifying a firearm that is suitable for use with |
25 | | that ammunition, or a receipt demonstrating that the person has |
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1 | | applied to register a suitable firearm under this Act and that |
2 | | the application is pending. |
3 | | (b) A person shall not deliver ammunition to any person |
4 | | within this State without having verified that the ammunition |
5 | | purchaser possesses a registration certificate for a firearm |
6 | | that is suitable for use with that ammunition, or a receipt |
7 | | demonstrating that the person has applied to register a |
8 | | suitable firearm under this Act and the application is pending. |
9 | | Section 20. Exceptions. |
10 | | Sections 10 and 15 do not apply to the ownership, |
11 | | possession, or receipt of a firearm or ammunition by, or |
12 | | delivery of a firearm or ammunition to: |
13 | | (1) any law enforcement or corrections agency, or law |
14 | | enforcement or corrections officer acting within the course and |
15 | | scope of his or her employment or official duties; |
16 | | (2) a United States Marshal or member of the Armed Forces |
17 | | of the United States or the National Guard, or a federal |
18 | | official, who is required to possess a firearm in the operation |
19 | | of his or her official duties; |
20 | | (3) licensed firearms manufacturers, importers, or |
21 | | dealers, while engaged in the course and scope of their |
22 | | activities as licensees, provided that those persons are |
23 | | properly licensed under federal, State, and local law; |
24 | | (4) a gunsmith who is in possession of a firearm solely for |
25 | | the purposes of service or repair; |
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1 | | (5) a common carrier, warehouseman, or other person engaged |
2 | | in the business of transporting or storing goods, to the extent |
3 | | that the possession or receipt of any firearm is in the |
4 | | ordinary course of business and not for the personal use of |
5 | | that person; |
6 | | (6) a person who is under 18 years of age who is in |
7 | | possession of a registered firearm for lawful hunting or |
8 | | sporting purposes or for any other lawful recreational activity |
9 | | while under the direct supervision and control of the |
10 | | registrant; |
11 | | (7) a person who is 18 years of age or older who is in |
12 | | possession of a registered firearm while accompanying the |
13 | | registrant and using the firearm for lawful hunting or sporting |
14 | | purposes or for any other lawful recreational activity; |
15 | | (8) a new resident of this State who has brought his or her |
16 | | firearm into this State within the preceding 90 days, or who |
17 | | produces a valid receipt indicating that he or she has applied |
18 | | to register the firearm within this time period and the |
19 | | application is pending; |
20 | | (9) nonresidents of the State participating in lawful |
21 | | hunting or sporting activity or other lawful recreational |
22 | | activity in this State, if their ownership or possession of a |
23 | | firearm for those purposes is lawful in the jurisdiction in |
24 | | which they reside, and that the weapon is transported in |
25 | | compliance with Section 926A of the federal Gun Control Act of |
26 | | 1968 (18 U.S.C. 926A); |
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1 | | (10) a person being loaned a firearm solely for the purpose |
2 | | of shooting at targets, if the loan occurs on the premises of a |
3 | | properly licensed target facility, and the firearm is at all |
4 | | times kept within the premises of the target range; |
5 | | (11) a person who has acquired a firearm by operation of |
6 | | law upon the death of the former owner of the firearm within |
7 | | the preceding 90 days, or who produces a valid receipt |
8 | | indicating that he or she has applied to register the firearm |
9 | | within this time period and the application is pending; |
10 | | (12) a person lawfully transporting a firearm through this |
11 | | State in accordance with Section 926A of the federal Gun |
12 | | Control Act of 1968 (18 U.S.C. 926A); |
13 | | (13) an adult family member of the registrant of the |
14 | | firearm if the registrant resides with the family member but is |
15 | | not currently present in the residence, if the family member |
16 | | does not maintain control over the firearm for more than 14 |
17 | | consecutive days. This exception shall not apply if the |
18 | | registrant or the family member knows or has reasonable cause |
19 | | to believe that federal, State, or local law prohibits the |
20 | | family member from purchasing or possessing firearms, or the |
21 | | registrant knows or has reasonable cause to believe that the |
22 | | family member is likely to use the firearm for unlawful |
23 | | purposes; |
24 | | (14) members of bona fide veterans organizations which |
25 | | receive firearms directly from the armed forces of the United |
26 | | States, while using the firearms for ceremonial purposes with |
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1 | | blank ammunition; |
2 | | (15) color guards of bona fide veterans organizations or |
3 | | members of bona fide American Legion bands while using firearms |
4 | | for ceremonial purposes with blank ammunition; |
5 | | (16) nonresidents while at a firearm showing or display |
6 | | recognized by the Department, provided that at all other times |
7 | | and in all other places the weapon is transported in compliance |
8 | | with Federal Gun Control Act of 1968 (18 U.S.C. 926A); or |
9 | | (17) competitive shooting athletes whose competition |
10 | | firearms are sanctioned by the International Olympic |
11 | | Committee, the International Paralympic Committee, the |
12 | | International Shooting Sport Federation, or USA Shooting in |
13 | | connection with the athletes' training for and participation in |
14 | | shooting competitions at the 2016 Olympic and Paralympic Games |
15 | | and sanctioned test events leading up to the 2016 Olympic and |
16 | | Paralympic Games, provided that the weapons are transported in |
17 | | compliance with Federal Gun Control Act of 1968 (18 U.S.C. |
18 | | 926A). |
19 | | Section 25. Application to register a firearm. |
20 | | (a) Any person who is required to register a firearm under |
21 | | this Act shall: |
22 | | (1) For a newly purchased firearm: |
23 | | (A) obtain a registration application from the |
24 | | seller of the firearm to be registered; and |
25 | | (B) complete and submit to the firearm seller the |
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1 | | application, in writing, signed under penalty of |
2 | | perjury, on a form prescribed by the Department. |
3 | | (2) For a firearm that was lawfully owned or possessed |
4 | | on the effective date of this Act, was brought into the |
5 | | State by a new resident, or was acquired by operation of |
6 | | law upon the death of the former owner: |
7 | | (A) appear in person at a time and place designated |
8 | | by the Department; and |
9 | | (B) complete and submit to the Department the |
10 | | application, in writing, signed under penalty of |
11 | | perjury, on a form prescribed by the Department. |
12 | | (b) Any person who is required to register a firearm must |
13 | | provide the following information on a registration |
14 | | application created by the Department, which form shall |
15 | | include: |
16 | | (1) the applicant's full name and any other name by |
17 | | which the applicant has ever been known; |
18 | | (2) the home address and telephone number of the |
19 | | applicant; |
20 | | (3) the occupation, business address, and telephone |
21 | | number of the applicant; |
22 | | (4) the applicant's gender, race, height, weight, date |
23 | | of birth, place of birth, country of citizenship, social |
24 | | security number, and, if the applicant is not a United |
25 | | States citizen, alien or admission number; |
26 | | (5) a copy of the applicant's current driver's license |
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1 | | or other government-issued identification card containing |
2 | | a photograph of the applicant; |
3 | | (6) information concerning any denial or revocation of |
4 | | a license, permit, or registration certificate pertaining |
5 | | to any firearm owned or possessed by the applicant; |
6 | | (7) the make, model, manufacturer's name, caliber or |
7 | | gauge, and serial number of all firearms for which the |
8 | | applicant seeks to obtain a registration certificate; |
9 | | (8) the date the applicant acquired each firearm; |
10 | | (9) the name, address, and telephone number of the |
11 | | person from whom each firearm was obtained, and in the case |
12 | | of a firearms dealer, the dealer's license number; |
13 | | (10) the name of, and description of any instance in |
14 | | which, any court, board, commission, or other lawful |
15 | | authority has done either of the following, including dates |
16 | | of commitment and release: |
17 | | (A) determined that the applicant, as a result of |
18 | | marked subnormal intelligence, mental illness, |
19 | | incompetency, condition, or disease, was a danger to |
20 | | himself or herself or others, lacked the mental |
21 | | capacity to contract or manage his or her own affairs, |
22 | | or was not guilty of a crime by reason of insanity or |
23 | | incompetent to stand trial; or |
24 | | (B) involuntarily committed the person to a mental |
25 | | institution (including the name and address of the |
26 | | institution); |
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1 | | (11) an authorization and release to obtain |
2 | | information relevant to the person's eligibility to |
3 | | register a firearm under this Act, from any source, that |
4 | | waives any right to confidentiality and requests the |
5 | | disclosure of the information to the Department for the |
6 | | sole purpose of determining the person's eligibility to |
7 | | register a firearm under this Act; |
8 | | (12) the applicant's right thumbprint; |
9 | | (13) 2 identical color photographs of the applicant's |
10 | | face, frontal view, 2 inches square in size, taken within |
11 | | the 30 days immediately preceding the application, as |
12 | | specified in rules of the Department; and |
13 | | (14) any additional information the Department deems |
14 | | necessary to process the application. |
15 | | (c) The Department may charge a fee to cover the |
16 | | administrative costs of the registration for each firearm. |
17 | | Section 30. Investigation by Department. |
18 | | (a) In addition to the requirement of a background check |
19 | | upon sale of a firearm under Sections 3 and 3.1 of the Firearm |
20 | | Owners Identification Card Act, the Department must complete a |
21 | | background check of any person who applies for: |
22 | | (1) a registration certificate for a firearm that was |
23 | | lawfully owned or possessed on the effective date of this |
24 | | Act, was brought into the State by a new resident, or was |
25 | | acquired by operation of law upon the death of the former |
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1 | | owner; or |
2 | | (2) a renewal of a registration certificate unless, |
3 | | within 12 months of the date the renewal application is |
4 | | submitted, the applicant passed a background check |
5 | | conducted by the Department in connection with the |
6 | | applicant's acquisition of another firearm. |
7 | | (b) The background check required by subsection (a) shall |
8 | | be equivalent in scope to the background check that is |
9 | | conducted upon transfer of a firearm under Sections 3 and 3.1 |
10 | | of the Firearm Owners Identification Card Act. |
11 | | (c) A registration certificate shall not be issued or |
12 | | renewed if the applicant is prohibited from purchasing or |
13 | | possessing a firearm under federal, State, or local law. |
14 | | Section 35. Registration approval, denial, or revocation. |
15 | | (a) After consideration of an application for a |
16 | | registration certificate or for renewal of a registration |
17 | | certificate and all information obtained relative to it, the |
18 | | Department shall either approve or deny the application and |
19 | | notify the applicant in writing of the decision, including the |
20 | | reason or reasons for denial, and the appeal procedures under |
21 | | Section 45. |
22 | | (b) The Department may grant or renew a registration |
23 | | certificate only if the applicant is in compliance with this |
24 | | Act and all other applicable federal, State, and local laws |
25 | | relating to firearms and ammunition. |
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1 | | (c) The Department shall deny the issuance or renewal of a |
2 | | registration certificate, or shall revoke an existing |
3 | | registration certificate: |
4 | | (1) for failure to meet any of the requirements of this |
5 | | Act, including the requirements for renewal under Section |
6 | | 55, or any other applicable federal, State, or local law |
7 | | relating to firearms or ammunition; |
8 | | (2) for fraud or misrepresentation in securing a |
9 | | registration certificate; |
10 | | (3) if the applicant is or becomes prohibited from |
11 | | purchasing or possessing a firearm under federal, State, or |
12 | | local law; or |
13 | | (4) upon the occurrence of any event or circumstance |
14 | | that would disqualify the registrant from being issued the |
15 | | original registration certificate. |
16 | | Section 40. Features and use of firearm registration |
17 | | certificates. |
18 | | (a) If the application to register a firearm is approved, |
19 | | the Department shall issue to the registrant a registration |
20 | | certificate on a form prescribed by the Department for each |
21 | | firearm listed on the application. Each registration |
22 | | certificate must contain the date of the registration, a unique |
23 | | registration number, the registrant's name, residence address, |
24 | | date of birth, photograph, the make, model, manufacturer's |
25 | | name, caliber or gauge and serial number of the firearm, the |
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1 | | date the registration certificate expires, and any other |
2 | | personal information as may be required by the Department. |
3 | | (b) The registration certificate shall not be transferable |
4 | | or assignable. The registration certificate shall be carried |
5 | | with the firearm if it is transported outside of the |
6 | | registrant's home. The registrant shall exhibit the |
7 | | registration certificate to any law enforcement officer upon |
8 | | request. |
9 | | Section 45. Appeal procedure. |
10 | | (a) If an application to register a firearm or to renew a |
11 | | registration certificate is denied, or if a registration |
12 | | certificate is revoked, the Department shall inform the |
13 | | applicant or registrant in writing of the reasons for the |
14 | | denial or revocation, and of the appeal procedures under this |
15 | | Section. The applicant may, within 30 days after receiving |
16 | | notice of the denial or revocation, file an appeal of the |
17 | | denial or revocation with the Department. The appeal must be |
18 | | made in writing, setting forth the specific grounds for the |
19 | | appeal. |
20 | | (b) If the applicant or registrant submits a timely appeal, |
21 | | the Department shall hold a hearing to reconsider its decision. |
22 | | The Department shall provide a written decision regarding the |
23 | | appeal. The decision of the Department upon reconsideration |
24 | | shall be subject to judicial review. |
25 | | (c) In the event that the decision to deny the application |
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1 | | or revoke the registration certificate is affirmed, the |
2 | | decision to deny the application or revoke the registration |
3 | | shall become final only after the time for judicial review of |
4 | | the decision upon reconsideration has expired. |
5 | | Section 50. Surrender and removal of firearms upon denial |
6 | | or revocation of registration. |
7 | | (a) When a decision to deny an application to register, to |
8 | | renew a registration certificate, or to revoke a registration |
9 | | certificate becomes final, the applicant or registrant must |
10 | | immediately surrender to the Department the firearm for which |
11 | | the applicant was denied registration or renewal or for which |
12 | | the registration certificate was revoked. |
13 | | (b) If an applicant or registrant fails to surrender his or |
14 | | her firearm to the Department after the decision to deny an |
15 | | application to register, to renew or to revoke a registration |
16 | | certificate becomes final, the Department shall retrieve the |
17 | | firearm within 48 hours. |
18 | | Section 55. Duration and renewal. |
19 | | (a) Registration certificates shall expire automatically |
20 | | one year after the date of issuance. To apply for renewal of a |
21 | | registration certificate, the registrant shall complete an |
22 | | application for registration as described in Section 25. |
23 | | (b) The Department shall mail renewal notices to each |
24 | | registrant at least 90 days prior to expiration of the |
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1 | | registration certificate. Applications for renewal shall be |
2 | | received by the Department 30 days prior to the expiration of |
3 | | the current registration certificate. |
4 | | (c) The renewal process for all registrants shall include a |
5 | | background check, as provided in Section 30. |
6 | | (d) The Department shall follow the procedures of Section |
7 | | 35 in approving or denying the application for renewal. |
8 | | Section 60. Firearm registration records. |
9 | | The Department shall retain an accurate record of each |
10 | | application for a registration certificate, received and acted |
11 | | upon, together with all other information pertaining to the |
12 | | application on all applications issued or denied under the |
13 | | provisions of this Act. The information shall be maintained in |
14 | | an accessible manner and available to all law enforcement |
15 | | agencies upon request. |
16 | | Section 65. Reporting requirements for registrants. |
17 | | A registrant shall report to the Department: |
18 | | (1) Within 48 hours of the time he or she discovered or |
19 | | should have discovered any change in his or her status that |
20 | | would affect his or her eligibility to own or possess a firearm |
21 | | or registration certificate; and |
22 | | (2) Within 14 days of the occurrence of: |
23 | | (A) any change in the information appearing on the |
24 | | registration certificate that would not affect his or her |
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1 | | eligibility for the registration certificate; or |
2 | | (B) the time he or she knew or should have known of the |
3 | | loss, theft, or destruction of a registration certificate. |
4 | | Section 70. Sentence. |
5 | | (a) The following violations shall be a petty offense with |
6 | | a fine not to exceed $5,000: |
7 | | (1) A new resident who brings a firearm into the State |
8 | | and who fails to lawfully dispose of or apply to register |
9 | | the firearm within 90 days of entering the State. |
10 | | (2) A person who acquires a firearm by operation of law |
11 | | upon the death of the former owner and who fails to |
12 | | lawfully dispose of or apply to register the firearm within |
13 | | 90 days of acquiring the firearm. |
14 | | (3) A person who owns or possesses a firearm in the |
15 | | State on the effective date of this Act and fails to |
16 | | lawfully dispose of or apply to register the firearm within |
17 | | 120 days of the effective date of this Act. |
18 | | (b) A person who owns or possesses a firearm after his or |
19 | | her registration certificate for that firearm has been revoked |
20 | | is guilty of a Class 4 felony. |
21 | | (c) Except as provided in subsections (a) and (b), any |
22 | | person who owns or possesses an unregistered firearm in the |
23 | | State that he or she did not own or possess on the effective |
24 | | date of this Act is guilty of a Class A misdemeanor. |
25 | | (d) A person who knowingly enters false information on an |
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1 | | application to register a firearm, who knowingly gives a false |
2 | | answer to any question on the application, or who knowingly |
3 | | submits false evidence in connection with an application is |
4 | | guilty of a Class 2 felony. |
5 | | (e) A person who acquires or possesses ammunition in |
6 | | violation of subsection (a) of Section 15 is guilty of a Class |
7 | | A misdemeanor. |
8 | | (f) A person who transfers ammunition in violation of |
9 | | subsection (b) of Section 15 is guilty of a Class 4 felony. |
10 | | (g) A firearm or ammunition owned or possessed in violation |
11 | | of this Act shall be subject to confiscation and forfeiture to |
12 | | the State. |
13 | | Section 905. The Criminal Code of 2012 is amended by |
14 | | changing Section 24-3 as follows:
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15 | | (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
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16 | | Sec. 24-3. Unlawful sale or delivery of firearms.
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17 | | (A) A person commits the offense of unlawful sale or |
18 | | delivery of firearms when he
or she knowingly does any of the |
19 | | following:
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20 | | (a) Sells or gives any firearm of a size which may be |
21 | | concealed upon the
person to any person under 18 years of |
22 | | age.
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23 | | (b) Sells or gives any firearm to a person under 21 |
24 | | years of age who has
been convicted of a misdemeanor other |
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1 | | than a traffic offense or adjudged
delinquent.
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2 | | (c) Sells or gives any firearm to any narcotic addict.
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3 | | (d) Sells or gives any firearm to any person who has |
4 | | been convicted of a
felony under the laws of this or any |
5 | | other jurisdiction.
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6 | | (e) Sells or gives any firearm to any person who has |
7 | | been a patient in a
mental institution within the past 5 |
8 | | years. In this subsection (e): |
9 | | "Mental institution" means any hospital, |
10 | | institution, clinic, evaluation facility, mental |
11 | | health center, or part thereof, which is used primarily |
12 | | for the care or treatment of persons with mental |
13 | | illness. |
14 | | "Patient in a mental institution" means the person |
15 | | was admitted, either voluntarily or involuntarily, to |
16 | | a mental institution for mental health treatment, |
17 | | unless the treatment was voluntary and solely for an |
18 | | alcohol abuse disorder and no other secondary |
19 | | substance abuse disorder or mental illness.
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20 | | (f) Sells or gives any firearms to any person who is |
21 | | intellectually disabled.
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22 | | (g) Delivers any firearm of a size which may be |
23 | | concealed upon the
person, incidental to a sale, without |
24 | | withholding delivery of such firearm
for at least 72 hours |
25 | | after application for its purchase has been made, or
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26 | | delivers any rifle, shotgun or other long gun, or a stun |
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1 | | gun or taser, incidental to a sale,
without withholding |
2 | | delivery of such rifle, shotgun or other long gun, or a |
3 | | stun gun or taser for
at least 24 hours after application |
4 | | for its purchase has been made.
However,
this paragraph (g) |
5 | | does not apply to: (1) the sale of a firearm
to a law |
6 | | enforcement officer if the seller of the firearm knows that |
7 | | the person to whom he or she is selling the firearm is a |
8 | | law enforcement officer or the sale of a firearm to a |
9 | | person who desires to purchase a firearm for
use in |
10 | | promoting the public interest incident to his or her |
11 | | employment as a
bank guard, armed truck guard, or other |
12 | | similar employment; (2) a mail
order sale of a firearm to a |
13 | | nonresident of Illinois under which the firearm
is mailed |
14 | | to a point outside the boundaries of Illinois; (3) the sale
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15 | | of a firearm to a nonresident of Illinois while at a |
16 | | firearm showing or display
recognized by the Illinois |
17 | | Department of State Police; or (4) the sale of a
firearm to |
18 | | a dealer licensed as a federal firearms dealer under |
19 | | Section 923
of the federal Gun Control Act of 1968 (18 |
20 | | U.S.C. 923). For purposes of this paragraph (g), |
21 | | "application" means when the buyer and seller reach an |
22 | | agreement to purchase a firearm.
|
23 | | (h) While holding any license
as a dealer,
importer, |
24 | | manufacturer or pawnbroker
under the federal Gun Control |
25 | | Act of 1968,
manufactures, sells or delivers to any |
26 | | unlicensed person a handgun having
a barrel, slide, frame |
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1 | | or receiver which is a die casting of zinc alloy or
any |
2 | | other nonhomogeneous metal which will melt or deform at a |
3 | | temperature
of less than 800 degrees Fahrenheit. For |
4 | | purposes of this paragraph, (1)
"firearm" is defined as in |
5 | | the Firearm Owners Identification Card Act; and (2)
|
6 | | "handgun" is defined as a firearm designed to be held
and |
7 | | fired by the use of a single hand, and includes a |
8 | | combination of parts from
which such a firearm can be |
9 | | assembled.
|
10 | | (i) Sells or gives a firearm of any size to any person |
11 | | under 18 years of
age who does not possess a valid Firearm |
12 | | Owner's Identification Card.
|
13 | | (j) Sells or gives a firearm while engaged in the |
14 | | business of selling
firearms at wholesale or retail without |
15 | | being licensed as a federal firearms
dealer under Section |
16 | | 923 of the federal Gun Control Act of 1968 (18 U.S.C.
923). |
17 | | In this paragraph (j):
|
18 | | A person "engaged in the business" means a person who |
19 | | devotes time,
attention, and
labor to
engaging in the |
20 | | activity as a regular course of trade or business with the
|
21 | | principal objective of livelihood and profit, but does not |
22 | | include a person who
makes occasional repairs of firearms |
23 | | or who occasionally fits special barrels,
stocks, or |
24 | | trigger mechanisms to firearms.
|
25 | | "With the principal objective of livelihood and |
26 | | profit" means that the
intent
underlying the sale or |
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1 | | disposition of firearms is predominantly one of
obtaining |
2 | | livelihood and pecuniary gain, as opposed to other intents, |
3 | | such as
improving or liquidating a personal firearms |
4 | | collection; however, proof of
profit shall not be required |
5 | | as to a person who engages in the regular and
repetitive |
6 | | purchase and disposition of firearms for criminal purposes |
7 | | or
terrorism.
|
8 | | (k) Sells or transfers ownership of a firearm to a |
9 | | person who does not display to the seller or transferor of |
10 | | the firearm a currently valid Firearm Owner's |
11 | | Identification Card that has previously been issued in the |
12 | | transferee's name by the Department of State Police under |
13 | | the provisions of the Firearm Owners Identification Card |
14 | | Act. This paragraph (k) does not apply to the transfer of a |
15 | | firearm to a person who is exempt from the requirement of |
16 | | possessing a Firearm Owner's Identification Card under |
17 | | Section 2 of the Firearm Owners Identification Card Act. |
18 | | For the purposes of this Section, a currently valid Firearm |
19 | | Owner's Identification Card means (i) a Firearm Owner's |
20 | | Identification Card that has not expired or (ii) an |
21 | | approval number issued in accordance with subsection |
22 | | (a-10) of subsection 3 or Section 3.1 of the Firearm Owners |
23 | | Identification Card Act shall be proof that the Firearm |
24 | | Owner's Identification Card was valid. |
25 | | (1) In addition to the other requirements of this |
26 | | paragraph (k), all persons who are not federally |
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1 | | licensed firearms dealers must also have complied with |
2 | | subsection (a-10) of Section 3 of the Firearm Owners |
3 | | Identification Card Act by determining the validity of |
4 | | a purchaser's Firearm Owner's Identification Card. |
5 | | (2) All sellers or transferors who have complied |
6 | | with the requirements of subparagraph (1) of this |
7 | | paragraph (k) shall not be liable for damages in any |
8 | | civil action arising from the use or misuse by the |
9 | | transferee of the firearm transferred, except for |
10 | | willful or wanton misconduct on the part of the seller |
11 | | or transferor. |
12 | | (l) Not
being entitled to the possession of a firearm, |
13 | | delivers the
firearm, knowing it to have been stolen or |
14 | | converted. It may be inferred that
a person who possesses a |
15 | | firearm with knowledge that its serial number has
been |
16 | | removed or altered has knowledge that the firearm is stolen |
17 | | or converted. |
18 | | (m) Sells or transfers ownership of a firearm to |
19 | | another person without complying with the registration |
20 | | requirement of Section 10 of the Firearms Registration Act. |
21 | | This paragraph (m) does not apply when the transferee is |
22 | | one of the persons listed in Section 20 of the Firearms |
23 | | Registration Act. |
24 | | (B) Paragraph (h) of subsection (A) does not include |
25 | | firearms sold within 6
months after enactment of Public
Act |
26 | | 78-355 (approved August 21, 1973, effective October 1, 1973), |
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1 | | nor is any
firearm legally owned or
possessed by any citizen or |
2 | | purchased by any citizen within 6 months after the
enactment of |
3 | | Public Act 78-355 subject
to confiscation or seizure under the |
4 | | provisions of that Public Act. Nothing in
Public Act 78-355 |
5 | | shall be construed to prohibit the gift or trade of
any firearm |
6 | | if that firearm was legally held or acquired within 6 months |
7 | | after
the enactment of that Public Act.
|
8 | | (C) Sentence.
|
9 | | (1) Any person convicted of unlawful sale or delivery |
10 | | of firearms in violation of
paragraph (c), (e), (f), (g), |
11 | | or (h) of subsection (A) commits a Class
4
felony.
|
12 | | (2) Any person convicted of unlawful sale or delivery |
13 | | of firearms in violation of
paragraph (b) or (i) of |
14 | | subsection (A) commits a Class 3 felony.
|
15 | | (3) Any person convicted of unlawful sale or delivery |
16 | | of firearms in violation of
paragraph (a) or (m) of |
17 | | subsection (A) commits a Class 2 felony.
|
18 | | (4) Any person convicted of unlawful sale or delivery |
19 | | of firearms in violation of
paragraph (a), (b), or (i) of |
20 | | subsection (A) in any school, on the real
property |
21 | | comprising a school, within 1,000 feet of the real property |
22 | | comprising
a school, at a school related activity, or on or |
23 | | within 1,000 feet of any
conveyance owned, leased, or |
24 | | contracted by a school or school district to
transport |
25 | | students to or from school or a school related activity,
|
26 | | regardless of the time of day or time of year at which the |
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1 | | offense
was committed, commits a Class 1 felony. Any person |
2 | | convicted of a second
or subsequent violation of unlawful |
3 | | sale or delivery of firearms in violation of paragraph
(a), |
4 | | (b), or (i) of subsection (A) in any school, on the real |
5 | | property
comprising a school, within 1,000 feet of the real |
6 | | property comprising a
school, at a school related activity, |
7 | | or on or within 1,000 feet of any
conveyance owned, leased, |
8 | | or contracted by a school or school district to
transport |
9 | | students to or from school or a school related activity,
|
10 | | regardless of the time of day or time of year at which the |
11 | | offense
was committed, commits a Class 1 felony for which |
12 | | the sentence shall be a
term of imprisonment of no less |
13 | | than 5 years and no more than 15 years.
|
14 | | (5) Any person convicted of unlawful sale or delivery |
15 | | of firearms in violation of
paragraph (a) or (i) of |
16 | | subsection (A) in residential property owned,
operated, or |
17 | | managed by a public housing agency or leased by a public |
18 | | housing
agency as part of a scattered site or mixed-income |
19 | | development, in a public
park, in a
courthouse, on |
20 | | residential property owned, operated, or managed by a |
21 | | public
housing agency or leased by a public housing agency |
22 | | as part of a scattered site
or mixed-income development, on |
23 | | the real property comprising any public park,
on the real
|
24 | | property comprising any courthouse, or on any public way |
25 | | within 1,000 feet
of the real property comprising any |
26 | | public park, courthouse, or residential
property owned, |
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1 | | operated, or managed by a public housing agency or leased |
2 | | by a
public housing agency as part of a scattered site or |
3 | | mixed-income development
commits a
Class 2 felony.
|
4 | | (6) Any person convicted of unlawful sale or delivery |
5 | | of firearms in violation of
paragraph (j) of subsection (A) |
6 | | commits a Class A misdemeanor. A second or
subsequent |
7 | | violation is a Class 4 felony. |
8 | | (7) Any person convicted of unlawful sale or delivery |
9 | | of firearms in violation of paragraph (k) of subsection (A) |
10 | | commits a Class 4 felony, except that a violation of |
11 | | subparagraph (1) of paragraph (k) of subsection (A) shall |
12 | | not be punishable as a crime or petty offense. A third or |
13 | | subsequent conviction for a violation of paragraph (k) of |
14 | | subsection (A) is a Class 1 felony.
|
15 | | (8) A person 18 years of age or older convicted of |
16 | | unlawful sale or delivery of firearms in violation of |
17 | | paragraph (a) or (i) of subsection (A), when the firearm |
18 | | that was sold or given to another person under 18 years of |
19 | | age was used in the commission of or attempt to commit a |
20 | | forcible felony, shall be fined or imprisoned, or both, not |
21 | | to exceed the maximum provided for the most serious |
22 | | forcible felony so committed or attempted by the person |
23 | | under 18 years of age who was sold or given the firearm. |
24 | | (9) Any person convicted of unlawful sale or delivery |
25 | | of firearms in violation of
paragraph (d) of subsection (A) |
26 | | commits a Class 3 felony. |
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1 | | (10) Any person convicted of unlawful sale or delivery |
2 | | of firearms in violation of paragraph (l) of subsection (A) |
3 | | commits a Class 2 felony if the delivery is of one firearm. |
4 | | Any person convicted of unlawful sale or delivery of |
5 | | firearms in violation of paragraph (l) of subsection (A) |
6 | | commits a Class 1 felony if the delivery is of not less |
7 | | than 2 and not more than 5 firearms at the
same time or |
8 | | within a one year period. Any person convicted of unlawful |
9 | | sale or delivery of firearms in violation of paragraph (l) |
10 | | of subsection (A) commits a Class X felony for which he or |
11 | | she shall be sentenced
to a term of imprisonment of not |
12 | | less than 6 years and not more than 30
years if the |
13 | | delivery is of not less than 6 and not more than 10 |
14 | | firearms at the
same time or within a 2 year period. Any |
15 | | person convicted of unlawful sale or delivery of firearms |
16 | | in violation of paragraph (l) of subsection (A) commits a |
17 | | Class X felony for which he or she shall be sentenced
to a |
18 | | term of imprisonment of not less than 6 years and not more |
19 | | than 40
years if the delivery is of not less than 11 and |
20 | | not more than 20 firearms at the
same time or within a 3 |
21 | | year period. Any person convicted of unlawful sale or |
22 | | delivery of firearms in violation of paragraph (l) of |
23 | | subsection (A) commits a Class X felony for which he or she |
24 | | shall be sentenced
to a term of imprisonment of not less |
25 | | than 6 years and not more than 50
years if the delivery is |
26 | | of not less than 21 and not more than 30 firearms at the
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1 | | same time or within a 4 year period. Any person convicted |
2 | | of unlawful sale or delivery of firearms in violation of |
3 | | paragraph (l) of subsection (A) commits a Class X felony |
4 | | for which he or she shall be sentenced
to a term of |
5 | | imprisonment of not less than 6 years and not more than 60
|
6 | | years if the delivery is of 31 or more firearms at the
same |
7 | | time or within a 5 year period. |
8 | | (D) For purposes of this Section:
|
9 | | "School" means a public or private elementary or secondary |
10 | | school,
community college, college, or university.
|
11 | | "School related activity" means any sporting, social, |
12 | | academic, or
other activity for which students' attendance or |
13 | | participation is sponsored,
organized, or funded in whole or in |
14 | | part by a school or school district.
|
15 | | (E) A prosecution for a violation of paragraph (k) of |
16 | | subsection (A) of this Section may be commenced within 6 years |
17 | | after the commission of the offense. A prosecution for a |
18 | | violation of this Section other than paragraph (g) of |
19 | | subsection (A) of this Section may be commenced within 5 years |
20 | | after the commission of the offense defined in the particular |
21 | | paragraph.
|
22 | | (Source: P.A. 97-227, eff. 1-1-12; 97-347, eff. 1-1-12; 97-813, |
23 | | eff. 7-13-12; 97-1167, eff. 6-1-13; 98-508, eff. 8-19-13.)
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