Full Text of HB0782 102nd General Assembly
HB0782 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB0782 Introduced 2/10/2021, by Rep. Patrick Windhorst and Thomas M. Bennett SYNOPSIS AS INTRODUCED: |
| 720 ILCS 5/24-3 | from Ch. 38, par. 24-3 |
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Amends the Criminal Code of 2012. Provides that the 72 hour waiting period before delivery of a concealable firearm after application for its purchase has been made does not apply to a person who has been issued a valid license to carry a concealed handgun under the Firearm Concealed Carry Act. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Criminal Code of 2012 is amended by | 5 | | changing Section 24-3 as follows:
| 6 | | (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
| 7 | | Sec. 24-3. Unlawful sale or delivery of firearms.
| 8 | | (A) A person commits the offense of unlawful sale or | 9 | | delivery of firearms when he
or she knowingly does any of the | 10 | | following:
| 11 | | (a) Sells or gives any firearm of a size which may be | 12 | | concealed upon the
person to any person under 18 years of | 13 | | age.
| 14 | | (b) Sells or gives any firearm to a person under 21 | 15 | | years of age who has
been convicted of a misdemeanor other | 16 | | than a traffic offense or adjudged
delinquent.
| 17 | | (c) Sells or gives any firearm to any narcotic addict.
| 18 | | (d) Sells or gives any firearm to any person who has | 19 | | been convicted of a
felony under the laws of this or any | 20 | | other jurisdiction.
| 21 | | (e) Sells or gives any firearm to any person who has | 22 | | been a patient in a
mental institution within the past 5 | 23 | | years. In this subsection (e): |
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| 1 | | "Mental institution" means any hospital, | 2 | | institution, clinic, evaluation facility, mental | 3 | | health center, or part thereof, which is used | 4 | | primarily for the care or treatment of persons with | 5 | | mental illness. | 6 | | "Patient in a mental institution" means the person | 7 | | was admitted, either voluntarily or involuntarily, to | 8 | | a mental institution for mental health treatment, | 9 | | unless the treatment was voluntary and solely for an | 10 | | alcohol abuse disorder and no other secondary | 11 | | substance abuse disorder or mental illness.
| 12 | | (f) Sells or gives any firearms to any person who is a | 13 | | person with an intellectual disability.
| 14 | | (g) Delivers any firearm, incidental to a sale, | 15 | | without withholding delivery of the firearm
for at least | 16 | | 72 hours after application for its purchase has been made, | 17 | | or
delivers a stun gun or taser, incidental to a sale,
| 18 | | without withholding delivery of the stun gun or taser for
| 19 | | at least 24 hours after application for its purchase has | 20 | | been made.
However,
this paragraph (g) does not apply to: | 21 | | (1) the sale of a firearm
to a law enforcement officer if | 22 | | the seller of the firearm knows that the person to whom he | 23 | | or she is selling the firearm is a law enforcement officer | 24 | | or the sale of a firearm to a person who desires to | 25 | | purchase a firearm for
use in promoting the public | 26 | | interest incident to his or her employment as a
bank |
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| 1 | | guard, armed truck guard, or other similar employment; (2) | 2 | | a mail
order sale of a firearm from a federally licensed | 3 | | firearms dealer to a nonresident of Illinois under which | 4 | | the firearm
is mailed to a federally licensed firearms | 5 | | dealer outside the boundaries of Illinois; (3) (blank); | 6 | | (4) the sale of a
firearm to a dealer licensed as a federal | 7 | | firearms dealer under Section 923
of the federal Gun | 8 | | Control Act of 1968 (18 U.S.C. 923); (4.1) the sale of a | 9 | | firearm to a person who has been issued a valid license to | 10 | | carry a concealed handgun under the Firearm Concealed | 11 | | Carry Act; or (5) the transfer or sale of any rifle, | 12 | | shotgun, or other long gun to a resident registered | 13 | | competitor or attendee or non-resident registered | 14 | | competitor or attendee by any dealer licensed as a federal | 15 | | firearms dealer under Section 923 of the federal Gun | 16 | | Control Act of 1968 at competitive shooting events held at | 17 | | the World Shooting Complex sanctioned by a national | 18 | | governing body. For purposes of transfers or sales under | 19 | | subparagraph (5) of this paragraph (g), the Department of | 20 | | Natural Resources shall give notice to the Department of | 21 | | State Police at least 30 calendar days prior to any | 22 | | competitive shooting events at the World Shooting Complex | 23 | | sanctioned by a national governing body. The notification | 24 | | shall be made on a form prescribed by the Department of | 25 | | State Police. The sanctioning body shall provide a list of | 26 | | all registered competitors and attendees at least 24 hours |
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| 1 | | before the events to the Department of State Police. Any | 2 | | changes to the list of registered competitors and | 3 | | attendees shall be forwarded to the Department of State | 4 | | Police as soon as practicable. The Department of State | 5 | | Police must destroy the list of registered competitors and | 6 | | attendees no later than 30 days after the date of the | 7 | | event. Nothing in this paragraph (g) relieves a federally | 8 | | licensed firearm dealer from the requirements of | 9 | | conducting a NICS background check through the Illinois | 10 | | Point of Contact under 18 U.S.C. 922(t). For purposes of | 11 | | this paragraph (g), "application" means when the buyer and | 12 | | seller reach an agreement to purchase a firearm.
For | 13 | | purposes of this paragraph (g), "national governing body" | 14 | | means a group of persons who adopt rules and formulate | 15 | | policy on behalf of a national firearm sporting | 16 | | organization.
| 17 | | (h) While holding any license
as a dealer,
importer, | 18 | | manufacturer or pawnbroker
under the federal Gun Control | 19 | | Act of 1968,
manufactures, sells or delivers to any | 20 | | unlicensed person a handgun having
a barrel, slide, frame | 21 | | or receiver which is a die casting of zinc alloy or
any | 22 | | other nonhomogeneous metal which will melt or deform at a | 23 | | temperature
of less than 800 degrees Fahrenheit. For | 24 | | purposes of this paragraph, (1)
"firearm" is defined as in | 25 | | the Firearm Owners Identification Card Act; and (2)
| 26 | | "handgun" is defined as a firearm designed to be held
and |
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| 1 | | fired by the use of a single hand, and includes a | 2 | | combination of parts from
which such a firearm can be | 3 | | assembled.
| 4 | | (i) Sells or gives a firearm of any size to any person | 5 | | under 18 years of
age who does not possess a valid Firearm | 6 | | Owner's Identification Card.
| 7 | | (j) Sells or gives a firearm while engaged in the | 8 | | business of selling
firearms at wholesale or retail | 9 | | without being licensed as a federal firearms
dealer under | 10 | | Section 923 of the federal Gun Control Act of 1968 (18 | 11 | | U.S.C.
923). In this paragraph (j):
| 12 | | A person "engaged in the business" means a person who | 13 | | devotes time,
attention, and
labor to
engaging in the | 14 | | activity as a regular course of trade or business with the
| 15 | | principal objective of livelihood and profit, but does not | 16 | | include a person who
makes occasional repairs of firearms | 17 | | or who occasionally fits special barrels,
stocks, or | 18 | | trigger mechanisms to firearms.
| 19 | | "With the principal objective of livelihood and | 20 | | profit" means that the
intent
underlying the sale or | 21 | | disposition of firearms is predominantly one of
obtaining | 22 | | livelihood and pecuniary gain, as opposed to other | 23 | | intents, such as
improving or liquidating a personal | 24 | | firearms collection; however, proof of
profit shall not be | 25 | | required as to a person who engages in the regular and
| 26 | | repetitive purchase and disposition of firearms for |
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| 1 | | criminal purposes or
terrorism.
| 2 | | (k) Sells or transfers ownership of a firearm to a | 3 | | person who does not display to the seller or transferor of | 4 | | the firearm either: (1) a currently valid Firearm Owner's | 5 | | Identification Card that has previously been issued in the | 6 | | transferee's name by the Department of State Police under | 7 | | the provisions of the Firearm Owners Identification Card | 8 | | Act; or (2) a currently valid license to carry a concealed | 9 | | firearm that has previously been issued in the | 10 | | transferee's name by the
Department of State Police under | 11 | | the Firearm Concealed Carry Act. This paragraph (k) does | 12 | | not apply to the transfer of a firearm to a person who is | 13 | | exempt from the requirement of possessing a Firearm | 14 | | Owner's Identification Card under Section 2 of the Firearm | 15 | | Owners Identification Card Act. For the purposes of this | 16 | | Section, a currently valid Firearm Owner's Identification | 17 | | Card means (i) a Firearm Owner's Identification Card that | 18 | | has not expired or (ii) an approval number issued in | 19 | | accordance with subsection (a-10) of subsection 3 or | 20 | | Section 3.1 of the Firearm Owners Identification Card Act | 21 | | shall be proof that the Firearm Owner's Identification | 22 | | Card was valid. | 23 | | (1) In addition to the other requirements of this | 24 | | paragraph (k), all persons who are not federally | 25 | | licensed firearms dealers must also have complied with | 26 | | subsection (a-10) of Section 3 of the Firearm Owners |
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| 1 | | Identification Card Act by determining the validity of | 2 | | a purchaser's Firearm Owner's Identification Card. | 3 | | (2) All sellers or transferors who have complied | 4 | | with the requirements of subparagraph (1) of this | 5 | | paragraph (k) shall not be liable for damages in any | 6 | | civil action arising from the use or misuse by the | 7 | | transferee of the firearm transferred, except for | 8 | | willful or wanton misconduct on the part of the seller | 9 | | or transferor. | 10 | | (l) Not
being entitled to the possession of a firearm, | 11 | | delivers the
firearm, knowing it to have been stolen or | 12 | | converted. It may be inferred that
a person who possesses | 13 | | a firearm with knowledge that its serial number has
been | 14 | | removed or altered has knowledge that the firearm is | 15 | | stolen or converted. | 16 | | (B) Paragraph (h) of subsection (A) does not include | 17 | | firearms sold within 6
months after enactment of Public
Act | 18 | | 78-355 (approved August 21, 1973, effective October 1, 1973), | 19 | | nor is any
firearm legally owned or
possessed by any citizen or | 20 | | purchased by any citizen within 6 months after the
enactment | 21 | | of Public Act 78-355 subject
to confiscation or seizure under | 22 | | the provisions of that Public Act. Nothing in
Public Act | 23 | | 78-355 shall be construed to prohibit the gift or trade of
any | 24 | | firearm if that firearm was legally held or acquired within 6 | 25 | | months after
the enactment of that Public Act.
| 26 | | (C) Sentence.
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| 1 | | (1) Any person convicted of unlawful sale or delivery | 2 | | of firearms in violation of
paragraph (c), (e), (f), (g), | 3 | | or (h) of subsection (A) commits a Class
4
felony.
| 4 | | (2) Any person convicted of unlawful sale or delivery | 5 | | of firearms in violation of
paragraph (b) or (i) of | 6 | | subsection (A) commits a Class 3 felony.
| 7 | | (3) Any person convicted of unlawful sale or delivery | 8 | | of firearms in violation of
paragraph (a) of subsection | 9 | | (A) commits a Class 2 felony.
| 10 | | (4) Any person convicted of unlawful sale or delivery | 11 | | of firearms in violation of
paragraph (a), (b), or (i) of | 12 | | subsection (A) in any school, on the real
property | 13 | | comprising a school, within 1,000 feet of the real | 14 | | property comprising
a school, at a school related | 15 | | activity, or on or within 1,000 feet of any
conveyance | 16 | | owned, leased, or contracted by a school or school | 17 | | district to
transport students to or from school or a | 18 | | school related activity,
regardless of the time of day or | 19 | | time of year at which the offense
was committed, commits a | 20 | | Class 1 felony. Any person convicted of a second
or | 21 | | subsequent violation of unlawful sale or delivery of | 22 | | firearms in violation of paragraph
(a), (b), or (i) of | 23 | | subsection (A) in any school, on the real property
| 24 | | comprising a school, within 1,000 feet of the real | 25 | | property comprising a
school, at a school related | 26 | | activity, or on or within 1,000 feet of any
conveyance |
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| 1 | | owned, leased, or contracted by a school or school | 2 | | district to
transport students to or from school or a | 3 | | school related activity,
regardless of the time of day or | 4 | | time of year at which the offense
was committed, commits a | 5 | | Class 1 felony for which the sentence shall be a
term of | 6 | | imprisonment of no less than 5 years and no more than 15 | 7 | | years.
| 8 | | (5) Any person convicted of unlawful sale or delivery | 9 | | of firearms in violation of
paragraph (a) or (i) of | 10 | | subsection (A) in residential property owned,
operated, or | 11 | | managed by a public housing agency or leased by a public | 12 | | housing
agency as part of a scattered site or mixed-income | 13 | | development, in a public
park, in a
courthouse, on | 14 | | residential property owned, operated, or managed by a | 15 | | public
housing agency or leased by a public housing agency | 16 | | as part of a scattered site
or mixed-income development, | 17 | | on the real property comprising any public park,
on the | 18 | | real
property comprising any courthouse, or on any public | 19 | | way within 1,000 feet
of the real property comprising any | 20 | | public park, courthouse, or residential
property owned, | 21 | | operated, or managed by a public housing agency or leased | 22 | | by a
public housing agency as part of a scattered site or | 23 | | mixed-income development
commits a
Class 2 felony.
| 24 | | (6) Any person convicted of unlawful sale or delivery | 25 | | of firearms in violation of
paragraph (j) of subsection | 26 | | (A) commits a Class A misdemeanor. A second or
subsequent |
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| 1 | | violation is a Class 4 felony. | 2 | | (7) Any person convicted of unlawful sale or delivery | 3 | | of firearms in violation of paragraph (k) of subsection | 4 | | (A) commits a Class 4 felony, except that a violation of | 5 | | subparagraph (1) of paragraph (k) of subsection (A) shall | 6 | | not be punishable as a crime or petty offense. A third or | 7 | | subsequent conviction for a violation of paragraph (k) of | 8 | | subsection (A) is a Class 1 felony.
| 9 | | (8) A person 18 years of age or older convicted of | 10 | | unlawful sale or delivery of firearms in violation of | 11 | | paragraph (a) or (i) of subsection (A), when the firearm | 12 | | that was sold or given to another person under 18 years of | 13 | | age was used in the commission of or attempt to commit a | 14 | | forcible felony, shall be fined or imprisoned, or both, | 15 | | not to exceed the maximum provided for the most serious | 16 | | forcible felony so committed or attempted by the person | 17 | | under 18 years of age who was sold or given the firearm. | 18 | | (9) Any person convicted of unlawful sale or delivery | 19 | | of firearms in violation of
paragraph (d) of subsection | 20 | | (A) commits a Class 3 felony. | 21 | | (10) Any person convicted of unlawful sale or delivery | 22 | | of firearms in violation of paragraph (l) of subsection | 23 | | (A) commits a Class 2 felony if the delivery is of one | 24 | | firearm. Any person convicted of unlawful sale or delivery | 25 | | of firearms in violation of paragraph (l) of subsection | 26 | | (A) commits a Class 1 felony if the delivery is of not less |
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| 1 | | than 2 and not more than 5 firearms at the
same time or | 2 | | within a one year period. Any person convicted of unlawful | 3 | | sale or delivery of firearms in violation of paragraph (l) | 4 | | of subsection (A) commits a Class X felony for which he or | 5 | | she shall be sentenced
to a term of imprisonment of not | 6 | | less than 6 years and not more than 30
years if the | 7 | | delivery is of not less than 6 and not more than 10 | 8 | | firearms at the
same time or within a 2 year period. Any | 9 | | person convicted of unlawful sale or delivery of firearms | 10 | | in violation of paragraph (l) of subsection (A) commits a | 11 | | Class X felony for which he or she shall be sentenced
to a | 12 | | term of imprisonment of not less than 6 years and not more | 13 | | than 40
years if the delivery is of not less than 11 and | 14 | | not more than 20 firearms at the
same time or within a 3 | 15 | | year period. Any person convicted of unlawful sale or | 16 | | delivery of firearms in violation of paragraph (l) of | 17 | | subsection (A) commits a Class X felony for which he or she | 18 | | shall be sentenced
to a term of imprisonment of not less | 19 | | than 6 years and not more than 50
years if the delivery is | 20 | | of not less than 21 and not more than 30 firearms at the
| 21 | | same time or within a 4 year period. Any person convicted | 22 | | of unlawful sale or delivery of firearms in violation of | 23 | | paragraph (l) of subsection (A) commits a Class X felony | 24 | | for which he or she shall be sentenced
to a term of | 25 | | imprisonment of not less than 6 years and not more than 60
| 26 | | years if the delivery is of 31 or more firearms at the
same |
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| 1 | | time or within a 5 year period. | 2 | | (D) For purposes of this Section:
| 3 | | "School" means a public or private elementary or secondary | 4 | | school,
community college, college, or university.
| 5 | | "School related activity" means any sporting, social, | 6 | | academic, or
other activity for which students' attendance or | 7 | | participation is sponsored,
organized, or funded in whole or | 8 | | in part by a school or school district.
| 9 | | (E) A prosecution for a violation of paragraph (k) of | 10 | | subsection (A) of this Section may be commenced within 6 years | 11 | | after the commission of the offense. A prosecution for a | 12 | | violation of this Section other than paragraph (g) of | 13 | | subsection (A) of this Section may be commenced within 5 years | 14 | | after the commission of the offense defined in the particular | 15 | | paragraph.
| 16 | | (Source: P.A. 99-29, eff. 7-10-15; 99-143, eff. 7-27-15; | 17 | | 99-642, eff. 7-28-16; 100-606, eff. 1-1-19 .)
| 18 | | Section 99. Effective date. This Act takes effect upon | 19 | | becoming law.
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