Full Text of HB4039 099th General Assembly
HB4039 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 HB4039 Introduced , by Rep. Pamela Reaves-Harris SYNOPSIS AS INTRODUCED: |
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720 ILCS 5/24-3 | from Ch. 38, par. 24-3 |
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Amends the Criminal Code of 2012. Provides that it is a Class 4 felony for a person who holds a license
as a dealer,
importer, manufacturer, or pawnbroker
of firearms under the federal Gun Control Act of 1968 to sell or deliver a firearm to a person listed on the Federal Bureau of Investigation's terror watch list.
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| | | CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
| | 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 changing | 5 | | 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 primarily | 4 | | for the care or treatment of persons with mental | 5 | | 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 | 13 | | intellectually disabled.
| 14 | | (g) Delivers any firearm of a size which may be | 15 | | concealed upon the
person, incidental to a sale, without | 16 | | withholding delivery of such firearm
for at least 72 hours | 17 | | after application for its purchase has been made, or
| 18 | | delivers any rifle, shotgun or other long gun, or a stun | 19 | | gun or taser, incidental to a sale,
without withholding | 20 | | delivery of such rifle, shotgun or other long gun, or a | 21 | | stun gun or taser for
at least 24 hours after application | 22 | | for its purchase has been made.
However,
this paragraph (g) | 23 | | does not apply to: (1) the sale of a firearm
to a law | 24 | | enforcement officer if the seller of the firearm knows that | 25 | | the person to whom he or she is selling the firearm is a | 26 | | law enforcement officer or the sale of a firearm to a |
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| 1 | | person who desires to purchase a firearm for
use in | 2 | | promoting the public interest incident to his or her | 3 | | employment as a
bank guard, armed truck guard, or other | 4 | | similar employment; (2) a mail
order sale of a firearm to a | 5 | | nonresident of Illinois under which the firearm
is mailed | 6 | | to a point outside the boundaries of Illinois; (3) the sale
| 7 | | of a firearm to a nonresident of Illinois while at a | 8 | | firearm showing or display
recognized by the Illinois | 9 | | Department of State Police; or (4) the sale of a
firearm to | 10 | | a dealer licensed as a federal firearms dealer under | 11 | | Section 923
of the federal Gun Control Act of 1968 (18 | 12 | | U.S.C. 923). For purposes of this paragraph (g), | 13 | | "application" means when the buyer and seller reach an | 14 | | agreement to purchase a firearm.
| 15 | | (h) While holding any license
as a dealer,
importer, | 16 | | manufacturer or pawnbroker
under the federal Gun Control | 17 | | Act of 1968,
manufactures, sells or delivers to any | 18 | | unlicensed person a handgun having
a barrel, slide, frame | 19 | | or receiver which is a die casting of zinc alloy or
any | 20 | | other nonhomogeneous metal which will melt or deform at a | 21 | | temperature
of less than 800 degrees Fahrenheit. For | 22 | | purposes of this paragraph, (1)
"firearm" is defined as in | 23 | | the Firearm Owners Identification Card Act; and (2)
| 24 | | "handgun" is defined as a firearm designed to be held
and | 25 | | fired by the use of a single hand, and includes a | 26 | | combination of parts from
which such a firearm can be |
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| 1 | | assembled.
| 2 | | (i) Sells or gives a firearm of any size to any person | 3 | | under 18 years of
age who does not possess a valid Firearm | 4 | | Owner's Identification Card.
| 5 | | (j) Sells or gives a firearm while engaged in the | 6 | | business of selling
firearms at wholesale or retail without | 7 | | being licensed as a federal firearms
dealer under Section | 8 | | 923 of the federal Gun Control Act of 1968 (18 U.S.C.
923). | 9 | | In this paragraph (j):
| 10 | | A person "engaged in the business" means a person who | 11 | | devotes time,
attention, and
labor to
engaging in the | 12 | | activity as a regular course of trade or business with the
| 13 | | principal objective of livelihood and profit, but does not | 14 | | include a person who
makes occasional repairs of firearms | 15 | | or who occasionally fits special barrels,
stocks, or | 16 | | trigger mechanisms to firearms.
| 17 | | "With the principal objective of livelihood and | 18 | | profit" means that the
intent
underlying the sale or | 19 | | disposition of firearms is predominantly one of
obtaining | 20 | | livelihood and pecuniary gain, as opposed to other intents, | 21 | | such as
improving or liquidating a personal firearms | 22 | | collection; however, proof of
profit shall not be required | 23 | | as to a person who engages in the regular and
repetitive | 24 | | purchase and disposition of firearms for criminal purposes | 25 | | or
terrorism.
| 26 | | (k) Sells or transfers ownership of a firearm to a |
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| 1 | | person who does not display to the seller or transferor of | 2 | | the firearm a currently valid Firearm Owner's | 3 | | Identification Card that has previously been issued in the | 4 | | transferee's name by the Department of State Police under | 5 | | the provisions of the Firearm Owners Identification Card | 6 | | Act. This paragraph (k) does not apply to the transfer of a | 7 | | firearm to a person who is exempt from the requirement of | 8 | | possessing a Firearm Owner's Identification Card under | 9 | | Section 2 of the Firearm Owners Identification Card Act. | 10 | | For the purposes of this Section, a currently valid Firearm | 11 | | Owner's Identification Card means (i) a Firearm Owner's | 12 | | Identification Card that has not expired or (ii) an | 13 | | approval number issued in accordance with subsection | 14 | | (a-10) of subsection 3 or Section 3.1 of the Firearm Owners | 15 | | Identification Card Act shall be proof that the Firearm | 16 | | Owner's Identification Card was valid. | 17 | | (1) In addition to the other requirements of this | 18 | | paragraph (k), all persons who are not federally | 19 | | licensed firearms dealers must also have complied with | 20 | | subsection (a-10) of Section 3 of the Firearm Owners | 21 | | Identification Card Act by determining the validity of | 22 | | a purchaser's Firearm Owner's Identification Card. | 23 | | (2) All sellers or transferors who have complied | 24 | | with the requirements of subparagraph (1) of this | 25 | | paragraph (k) shall not be liable for damages in any | 26 | | civil action arising from the use or misuse by the |
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| 1 | | transferee of the firearm transferred, except for | 2 | | willful or wanton misconduct on the part of the seller | 3 | | or transferor. | 4 | | (l) Not
being entitled to the possession of a firearm, | 5 | | delivers the
firearm, knowing it to have been stolen or | 6 | | converted. It may be inferred that
a person who possesses a | 7 | | firearm with knowledge that its serial number has
been | 8 | | removed or altered has knowledge that the firearm is stolen | 9 | | or converted. | 10 | | (m) While holding any license
as a dealer,
importer, | 11 | | manufacturer, or pawnbroker
under the federal Gun Control | 12 | | Act of 1968, sells or delivers a firearm to a person listed | 13 | | on the Federal Bureau of Investigation's terror watch list. | 14 | | (B) Paragraph (h) of subsection (A) does not include | 15 | | firearms sold within 6
months after enactment of Public
Act | 16 | | 78-355 (approved August 21, 1973, effective October 1, 1973), | 17 | | nor is any
firearm legally owned or
possessed by any citizen or | 18 | | purchased by any citizen within 6 months after the
enactment of | 19 | | Public Act 78-355 subject
to confiscation or seizure under the | 20 | | provisions of that Public Act. Nothing in
Public Act 78-355 | 21 | | shall be construed to prohibit the gift or trade of
any firearm | 22 | | if that firearm was legally held or acquired within 6 months | 23 | | after
the enactment of that Public Act.
| 24 | | (C) Sentence.
| 25 | | (1) Any person convicted of unlawful sale or delivery | 26 | | of firearms in violation of
paragraph (c), (e), (f), (g), |
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| 1 | | or (h) , or (m) of subsection (A) commits a Class
4
felony.
| 2 | | (2) Any person convicted of unlawful sale or delivery | 3 | | of firearms in violation of
paragraph (b) or (i) of | 4 | | subsection (A) commits a Class 3 felony.
| 5 | | (3) Any person convicted of unlawful sale or delivery | 6 | | of firearms in violation of
paragraph (a) of subsection (A) | 7 | | commits a Class 2 felony.
| 8 | | (4) Any person convicted of unlawful sale or delivery | 9 | | of firearms in violation of
paragraph (a), (b), or (i) of | 10 | | subsection (A) in any school, on the real
property | 11 | | comprising a school, within 1,000 feet of the real property | 12 | | comprising
a school, at a school related activity, or on or | 13 | | within 1,000 feet of any
conveyance owned, leased, or | 14 | | contracted by a school or school district to
transport | 15 | | students to or from school or a school related activity,
| 16 | | regardless of the time of day or time of year at which the | 17 | | offense
was committed, commits a Class 1 felony. Any person | 18 | | convicted of a second
or subsequent violation of unlawful | 19 | | sale or delivery of firearms in violation of paragraph
(a), | 20 | | (b), or (i) of subsection (A) in any school, on the real | 21 | | property
comprising a school, within 1,000 feet of the real | 22 | | property comprising a
school, at a school related activity, | 23 | | or on or within 1,000 feet of any
conveyance owned, leased, | 24 | | or 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 for which | 2 | | the sentence shall be a
term of imprisonment of no less | 3 | | than 5 years and no more than 15 years.
| 4 | | (5) Any person convicted of unlawful sale or delivery | 5 | | of firearms in violation of
paragraph (a) or (i) of | 6 | | subsection (A) in residential property owned,
operated, or | 7 | | managed by a public housing agency or leased by a public | 8 | | housing
agency as part of a scattered site or mixed-income | 9 | | development, in a public
park, in a
courthouse, on | 10 | | residential property owned, operated, or managed by a | 11 | | public
housing agency or leased by a public housing agency | 12 | | as part of a scattered site
or mixed-income development, on | 13 | | the real property comprising any public park,
on the real
| 14 | | property comprising any courthouse, or on any public way | 15 | | within 1,000 feet
of the real property comprising any | 16 | | public park, courthouse, or residential
property owned, | 17 | | operated, or managed by a public housing agency or leased | 18 | | by a
public housing agency as part of a scattered site or | 19 | | mixed-income development
commits a
Class 2 felony.
| 20 | | (6) Any person convicted of unlawful sale or delivery | 21 | | of firearms in violation of
paragraph (j) of subsection (A) | 22 | | commits a Class A misdemeanor. A second or
subsequent | 23 | | violation is a Class 4 felony. | 24 | | (7) Any person convicted of unlawful sale or delivery | 25 | | of firearms in violation of paragraph (k) of subsection (A) | 26 | | commits a Class 4 felony, except that a violation of |
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| 1 | | subparagraph (1) of paragraph (k) of subsection (A) shall | 2 | | not be punishable as a crime or petty offense. A third or | 3 | | subsequent conviction for a violation of paragraph (k) of | 4 | | subsection (A) is a Class 1 felony.
| 5 | | (8) A person 18 years of age or older convicted of | 6 | | unlawful sale or delivery of firearms in violation of | 7 | | paragraph (a) or (i) of subsection (A), when the firearm | 8 | | that was sold or given to another person under 18 years of | 9 | | age was used in the commission of or attempt to commit a | 10 | | forcible felony, shall be fined or imprisoned, or both, not | 11 | | to exceed the maximum provided for the most serious | 12 | | forcible felony so committed or attempted by the person | 13 | | under 18 years of age who was sold or given the firearm. | 14 | | (9) Any person convicted of unlawful sale or delivery | 15 | | of firearms in violation of
paragraph (d) of subsection (A) | 16 | | commits a Class 3 felony. | 17 | | (10) Any person convicted of unlawful sale or delivery | 18 | | of firearms in violation of paragraph (l) of subsection (A) | 19 | | commits a Class 2 felony if the delivery is of one firearm. | 20 | | Any person convicted of unlawful sale or delivery of | 21 | | firearms in violation of paragraph (l) of subsection (A) | 22 | | commits a Class 1 felony if the delivery is of not less | 23 | | than 2 and not more than 5 firearms at the
same time or | 24 | | within a one year period. Any person convicted of unlawful | 25 | | sale or delivery of firearms in violation of paragraph (l) | 26 | | of subsection (A) commits a Class X felony for which he or |
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| 1 | | she shall be sentenced
to a term of imprisonment of not | 2 | | less than 6 years and not more than 30
years if the | 3 | | delivery is of not less than 6 and not more than 10 | 4 | | firearms at the
same time or within a 2 year period. Any | 5 | | person convicted of unlawful sale or delivery of firearms | 6 | | in violation of paragraph (l) of subsection (A) commits a | 7 | | Class X felony for which he or she shall be sentenced
to a | 8 | | term of imprisonment of not less than 6 years and not more | 9 | | than 40
years if the delivery is of not less than 11 and | 10 | | not more than 20 firearms at the
same time or within a 3 | 11 | | year period. Any person convicted of unlawful sale or | 12 | | delivery of firearms in violation of paragraph (l) of | 13 | | subsection (A) commits a Class X felony for which he or she | 14 | | shall be sentenced
to a term of imprisonment of not less | 15 | | than 6 years and not more than 50
years if the delivery is | 16 | | of not less than 21 and not more than 30 firearms at the
| 17 | | same time or within a 4 year period. Any person convicted | 18 | | of unlawful sale or delivery of firearms in violation of | 19 | | paragraph (l) of subsection (A) commits a Class X felony | 20 | | for which he or she shall be sentenced
to a term of | 21 | | imprisonment of not less than 6 years and not more than 60
| 22 | | years if the delivery is of 31 or more firearms at the
same | 23 | | time or within a 5 year period. | 24 | | (D) For purposes of this Section:
| 25 | | "School" means a public or private elementary or secondary | 26 | | school,
community college, college, or university.
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| 1 | | "School related activity" means any sporting, social, | 2 | | academic, or
other activity for which students' attendance or | 3 | | participation is sponsored,
organized, or funded in whole or in | 4 | | part by a school or school district.
| 5 | | (E) A prosecution for a violation of paragraph (k) of | 6 | | subsection (A) of this Section may be commenced within 6 years | 7 | | after the commission of the offense. A prosecution for a | 8 | | violation of this Section other than paragraph (g) of | 9 | | subsection (A) of this Section may be commenced within 5 years | 10 | | after the commission of the offense defined in the particular | 11 | | paragraph.
| 12 | | (Source: P.A. 97-227, eff. 1-1-12; 97-347, eff. 1-1-12; 97-813, | 13 | | eff. 7-13-12; 97-1167, eff. 6-1-13; 98-508, eff. 8-19-13.)
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