|
"Mental institution" means any hospital, |
institution, clinic, evaluation facility, mental |
health center, or part thereof, which is used primarily |
for the care or treatment of persons with mental |
illness. |
"Patient in a mental institution" means the person |
was admitted, either voluntarily or involuntarily, to |
a mental institution for mental health treatment, |
unless the treatment was voluntary and solely for an |
alcohol abuse disorder and no other secondary |
substance abuse disorder or mental illness.
|
(f) Sells or gives any firearms to any person who is a |
person with an intellectual disability.
|
(g) Delivers any firearm of a size which may be |
concealed upon the
person, incidental to a sale, without |
withholding delivery of the such firearm
for at least 72 |
hours after application for its purchase has been made, or
|
delivers any rifle, shotgun or other long gun, or a stun |
gun or taser, incidental to a sale,
without withholding |
delivery of the such rifle, shotgun or other long gun, or a |
stun gun or taser for
at least 24 hours after application |
for its purchase has been made.
However,
this paragraph (g) |
does not apply to: (1) the sale of a firearm
to a law |
enforcement officer if the seller of the firearm knows that |
the person to whom he or she is selling the firearm is a |
law enforcement officer or the sale of a firearm to a |
|
person who desires to purchase a firearm for
use in |
promoting the public interest incident to his or her |
employment as a
bank guard, armed truck guard, or other |
similar employment; (2) a mail
order sale of a firearm from |
a federally licensed firearms dealer to a nonresident of |
Illinois under which the firearm
is mailed to a federally |
licensed firearms dealer outside the boundaries of |
Illinois; (3) (blank); the sale
of a firearm to a |
nonresident of Illinois while at a firearm showing or |
display
recognized by the Illinois Department of State |
Police; (4) the sale of a
firearm to a dealer licensed as a |
federal firearms dealer under Section 923
of the federal |
Gun Control Act of 1968 (18 U.S.C. 923); or (5) the |
transfer or sale of any rifle, shotgun, or other long gun |
to a resident registered competitor or attendee or |
non-resident registered competitor or attendee by any |
dealer licensed as a federal firearms dealer under Section |
923 of the federal Gun Control Act of 1968 at competitive |
shooting events held at the World Shooting Complex |
sanctioned by a national governing body. For purposes of |
transfers or sales under subparagraph (5) of this paragraph |
(g), the Department of Natural Resources shall give notice |
to the Department of State Police at least 30 calendar days |
prior to any competitive shooting events at the World |
Shooting Complex sanctioned by a national governing body. |
The notification shall be made on a form prescribed by the |
|
Department of State Police. The sanctioning body shall |
provide a list of all registered competitors and attendees |
at least 24 hours before the events to the Department of |
State Police. Any changes to the list of registered |
competitors and attendees shall be forwarded to the |
Department of State Police as soon as practicable. The |
Department of State Police must destroy the list of |
registered competitors and attendees no later than 30 days |
after the date of the event. Nothing in this paragraph (g) |
relieves a federally licensed firearm dealer from the |
requirements of conducting a NICS background check through |
the Illinois Point of Contact under 18 U.S.C. 922(t). For |
purposes of this paragraph (g), "application" means when |
the buyer and seller reach an agreement to purchase a |
firearm.
For purposes of this paragraph (g), "national |
governing body" means a group of persons who adopt rules |
and formulate policy on behalf of a national firearm |
sporting organization.
|
(h) While holding any license
as a dealer,
importer, |
manufacturer or pawnbroker
under the federal Gun Control |
Act of 1968,
manufactures, sells or delivers to any |
unlicensed person a handgun having
a barrel, slide, frame |
or receiver which is a die casting of zinc alloy or
any |
other nonhomogeneous metal which will melt or deform at a |
temperature
of less than 800 degrees Fahrenheit. For |
purposes of this paragraph, (1)
"firearm" is defined as in |
|
the Firearm Owners Identification Card Act; and (2)
|
"handgun" is defined as a firearm designed to be held
and |
fired by the use of a single hand, and includes a |
combination of parts from
which such a firearm can be |
assembled.
|
(i) Sells or gives a firearm of any size to any person |
under 18 years of
age who does not possess a valid Firearm |
Owner's Identification Card.
|
(j) Sells or gives a firearm while engaged in the |
business of selling
firearms at wholesale or retail without |
being licensed as a federal firearms
dealer under Section |
923 of the federal Gun Control Act of 1968 (18 U.S.C.
923). |
In this paragraph (j):
|
A person "engaged in the business" means a person who |
devotes time,
attention, and
labor to
engaging in the |
activity as a regular course of trade or business with the
|
principal objective of livelihood and profit, but does not |
include a person who
makes occasional repairs of firearms |
or who occasionally fits special barrels,
stocks, or |
trigger mechanisms to firearms.
|
"With the principal objective of livelihood and |
profit" means that the
intent
underlying the sale or |
disposition of firearms is predominantly one of
obtaining |
livelihood and pecuniary gain, as opposed to other intents, |
such as
improving or liquidating a personal firearms |
collection; however, proof of
profit shall not be required |
|
as to a person who engages in the regular and
repetitive |
purchase and disposition of firearms for criminal purposes |
or
terrorism.
|
(k) Sells or transfers ownership of a firearm to a |
person who does not display to the seller or transferor of |
the firearm either: (1) a currently valid Firearm Owner's |
Identification Card that has previously been issued in the |
transferee's name by the Department of State Police under |
the provisions of the Firearm Owners Identification Card |
Act; or (2) a currently valid license to carry a concealed |
firearm that has previously been issued in the transferee's |
name by the
Department of State Police under the Firearm |
Concealed Carry Act. This paragraph (k) does not apply to |
the transfer of a firearm to a person who is exempt from |
the requirement of possessing a Firearm Owner's |
Identification Card under Section 2 of the Firearm Owners |
Identification Card Act. For the purposes of this Section, |
a currently valid Firearm Owner's Identification Card |
means (i) a Firearm Owner's Identification Card that has |
not expired or (ii) an approval number issued in accordance |
with subsection (a-10) of subsection 3 or Section 3.1 of |
the Firearm Owners Identification Card Act shall be proof |
that the Firearm Owner's Identification Card was valid. |
(1) In addition to the other requirements of this |
paragraph (k), all persons who are not federally |
licensed firearms dealers must also have complied with |
|
subsection (a-10) of Section 3 of the Firearm Owners |
Identification Card Act by determining the validity of |
a purchaser's Firearm Owner's Identification Card. |
(2) All sellers or transferors who have complied |
with the requirements of subparagraph (1) of this |
paragraph (k) shall not be liable for damages in any |
civil action arising from the use or misuse by the |
transferee of the firearm transferred, except for |
willful or wanton misconduct on the part of the seller |
or transferor. |
(l) Not
being entitled to the possession of a firearm, |
delivers the
firearm, knowing it to have been stolen or |
converted. It may be inferred that
a person who possesses a |
firearm with knowledge that its serial number has
been |
removed or altered has knowledge that the firearm is stolen |
or converted. |
(B) Paragraph (h) of subsection (A) does not include |
firearms sold within 6
months after enactment of Public
Act |
78-355 (approved August 21, 1973, effective October 1, 1973), |
nor is any
firearm legally owned or
possessed by any citizen or |
purchased by any citizen within 6 months after the
enactment of |
Public Act 78-355 subject
to confiscation or seizure under the |
provisions of that Public Act. Nothing in
Public Act 78-355 |
shall be construed to prohibit the gift or trade of
any firearm |
if that firearm was legally held or acquired within 6 months |
after
the enactment of that Public Act.
|
|
(C) Sentence.
|
(1) Any person convicted of unlawful sale or delivery |
of firearms in violation of
paragraph (c), (e), (f), (g), |
or (h) of subsection (A) commits a Class
4
felony.
|
(2) Any person convicted of unlawful sale or delivery |
of firearms in violation of
paragraph (b) or (i) of |
subsection (A) commits a Class 3 felony.
|
(3) Any person convicted of unlawful sale or delivery |
of firearms in violation of
paragraph (a) of subsection (A) |
commits a Class 2 felony.
|
(4) Any person convicted of unlawful sale or delivery |
of firearms in violation of
paragraph (a), (b), or (i) of |
subsection (A) in any school, on the real
property |
comprising a school, within 1,000 feet of the real property |
comprising
a school, at a school related activity, or on or |
within 1,000 feet of any
conveyance owned, leased, or |
contracted by a school or school district to
transport |
students to or from school or a school related activity,
|
regardless of the time of day or time of year at which the |
offense
was committed, commits a Class 1 felony. Any person |
convicted of a second
or subsequent violation of unlawful |
sale or delivery of firearms in violation of paragraph
(a), |
(b), or (i) of subsection (A) in any school, on the real |
property
comprising a school, within 1,000 feet of the real |
property comprising a
school, at a school related activity, |
or on or within 1,000 feet of any
conveyance owned, leased, |
|
or contracted by a school or school district to
transport |
students to or from school or a school related activity,
|
regardless of the time of day or time of year at which the |
offense
was committed, commits a Class 1 felony for which |
the sentence shall be a
term of imprisonment of no less |
than 5 years and no more than 15 years.
|
(5) Any person convicted of unlawful sale or delivery |
of firearms in violation of
paragraph (a) or (i) of |
subsection (A) in residential property owned,
operated, or |
managed by a public housing agency or leased by a public |
housing
agency as part of a scattered site or mixed-income |
development, in a public
park, in a
courthouse, on |
residential property owned, operated, or managed by a |
public
housing agency or leased by a public housing agency |
as part of a scattered site
or mixed-income development, on |
the real property comprising any public park,
on the real
|
property comprising any courthouse, or on any public way |
within 1,000 feet
of the real property comprising any |
public park, courthouse, or residential
property owned, |
operated, or managed by a public housing agency or leased |
by a
public housing agency as part of a scattered site or |
mixed-income development
commits a
Class 2 felony.
|
(6) Any person convicted of unlawful sale or delivery |
of firearms in violation of
paragraph (j) of subsection (A) |
commits a Class A misdemeanor. A second or
subsequent |
violation is a Class 4 felony. |
|
(7) Any person convicted of unlawful sale or delivery |
of firearms in violation of paragraph (k) of subsection (A) |
commits a Class 4 felony, except that a violation of |
subparagraph (1) of paragraph (k) of subsection (A) shall |
not be punishable as a crime or petty offense. A third or |
subsequent conviction for a violation of paragraph (k) of |
subsection (A) is a Class 1 felony.
|
(8) A person 18 years of age or older convicted of |
unlawful sale or delivery of firearms in violation of |
paragraph (a) or (i) of subsection (A), when the firearm |
that was sold or given to another person under 18 years of |
age was used in the commission of or attempt to commit a |
forcible felony, shall be fined or imprisoned, or both, not |
to exceed the maximum provided for the most serious |
forcible felony so committed or attempted by the person |
under 18 years of age who was sold or given the firearm. |
(9) Any person convicted of unlawful sale or delivery |
of firearms in violation of
paragraph (d) of subsection (A) |
commits a Class 3 felony. |
(10) Any person convicted of unlawful sale or delivery |
of firearms in violation of paragraph (l) of subsection (A) |
commits a Class 2 felony if the delivery is of one firearm. |
Any person convicted of unlawful sale or delivery of |
firearms in violation of paragraph (l) of subsection (A) |
commits a Class 1 felony if the delivery is of not less |
than 2 and not more than 5 firearms at the
same time or |
|
within a one year period. Any person convicted of unlawful |
sale or delivery of firearms in violation of paragraph (l) |
of subsection (A) commits a Class X felony for which he or |
she shall be sentenced
to a term of imprisonment of not |
less than 6 years and not more than 30
years if the |
delivery is of not less than 6 and not more than 10 |
firearms at the
same time or within a 2 year period. Any |
person convicted of unlawful sale or delivery of firearms |
in violation of paragraph (l) of subsection (A) commits a |
Class X felony for which he or she shall be sentenced
to a |
term of imprisonment of not less than 6 years and not more |
than 40
years if the delivery is of not less than 11 and |
not more than 20 firearms at the
same time or within a 3 |
year period. Any person convicted of unlawful sale or |
delivery of firearms in violation of paragraph (l) of |
subsection (A) commits a Class X felony for which he or she |
shall be sentenced
to a term of imprisonment of not less |
than 6 years and not more than 50
years if the delivery is |
of not less than 21 and not more than 30 firearms at the
|
same time or within a 4 year period. Any person convicted |
of unlawful sale or delivery of firearms in violation of |
paragraph (l) of subsection (A) commits a Class X felony |
for which he or she shall be sentenced
to a term of |
imprisonment of not less than 6 years and not more than 60
|
years if the delivery is of 31 or more firearms at the
same |
time or within a 5 year period. |
|
(D) For purposes of this Section:
|
"School" means a public or private elementary or secondary |
school,
community college, college, or university.
|
"School related activity" means any sporting, social, |
academic, or
other activity for which students' attendance or |
participation is sponsored,
organized, or funded in whole or in |
part by a school or school district.
|
(E) A prosecution for a violation of paragraph (k) of |
subsection (A) of this Section may be commenced within 6 years |
after the commission of the offense. A prosecution for a |
violation of this Section other than paragraph (g) of |
subsection (A) of this Section may be commenced within 5 years |
after the commission of the offense defined in the particular |
paragraph.
|
(Source: P.A. 98-508, eff. 8-19-13; 99-29, eff. 7-10-15; |
99-143, eff. 7-27-15; 99-642, eff. 7-28-16.)
|