Bill Text: IL HB1032 | 2009-2010 | 96th General Assembly | Enrolled

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Bill Title: Amends the Criminal Code of 1961. Provides that a person who sells or gives any firearm to any person who has been convicted of a felony under the laws of this State or any other jurisdiction is guilty of a Class 3 (rather than a Class 4) felony. Creates the offense of use of a stolen firearm in the commission of an offense. Provides that a person commits the offense when he or she knowingly uses a stolen firearm in the commission of any offense and the person knows that the firearm was stolen. Provides that a violation is a Class 2 felony.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2009-08-10 - Public Act . . . . . . . . . 96-0190 [HB1032 Detail]

Download: Illinois-2009-HB1032-Enrolled.html

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AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Criminal Code of 1961 is amended by changing
Section 24-3 and by adding Section 24-3.7 as follows:
(720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
Sec. 24-3. Unlawful Sale of Firearms.
(A) A person commits the offense of unlawful sale of
firearms when he or she knowingly does any of the following:
(a) Sells or gives any firearm of a size which may be
concealed upon the person to any person under 18 years of
age.
(b) Sells or gives any firearm to a person under 21
years of age who has been convicted of a misdemeanor other
than a traffic offense or adjudged delinquent.
(c) Sells or gives any firearm to any narcotic addict.
(d) Sells or gives any firearm to any person who has
been convicted of a felony under the laws of this or any
other jurisdiction.
(e) Sells or gives any firearm to any person who has
been a patient in a mental hospital within the past 5
years.
(f) Sells or gives any firearms to any person who is

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mentally retarded.
(g) Delivers any firearm of a size which may be
concealed upon the person, incidental to a sale, without
withholding delivery of 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 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 to a
nonresident of Illinois under which the firearm is mailed
to a point outside the boundaries of Illinois; (3) 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; or (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). For purposes of this paragraph (g),

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"application" means when the buyer and seller reach an
agreement to purchase a firearm.
(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

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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 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. 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) if the

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transferor is licensed as a federal firearms dealer under
Section 923 of the federal Gun Control Act of 1968 (18
U.S.C. 923), an approval number issued in accordance with
Section 3.1 of the Firearm Owners Identification Card Act
shall be proof that the Firearm Owner's Identification Card
was valid.
(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 of firearms
in violation of paragraph any of paragraphs (c), (e), (f),
(g), or through (h) of subsection (A) commits a Class 4
felony.
(2) Any person convicted of unlawful sale of firearms
in violation of paragraph (b) or (i) of subsection (A)
commits a Class 3 felony.
(3) Any person convicted of unlawful sale of firearms
in violation of paragraph (a) of subsection (A) commits a

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Class 2 felony.
(4) Any person convicted of unlawful sale 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 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 of firearms
in violation of paragraph (a) or (i) of subsection (A) in
residential property owned, operated, or managed by a

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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 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 of firearms
in violation of paragraph (k) of subsection (A) commits a
Class 4 felony. 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 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

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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 of firearms
in violation of paragraph (d) of subsection (A) commits a
Class 3 felony.
(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. 94-6, eff. 1-1-06; 94-284, eff. 7-21-05; 95-331,
eff. 8-21-07; 95-735, eff. 7-16-08.)
(720 ILCS 5/24-3.7 new)

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Sec. 24-3.7. Use of a stolen firearm in the commission of
an offense.
(a) A person commits the offense of use of a stolen firearm
in the commission of an offense when he or she knowingly uses a
stolen firearm in the commission of any offense and the person
knows that the firearm was stolen.
(b) Sentence. Use of a stolen firearm in the commission of
an offense is a Class 2 felony.
Section 10. The Unified Code of Corrections is amended by
changing Section 5-8-4 as follows:
(730 ILCS 5/5-8-4) (from Ch. 38, par. 1005-8-4)
Sec. 5-8-4. Concurrent and Consecutive Terms of
Imprisonment.
(a) When multiple sentences of imprisonment are imposed on
a defendant at the same time, or when a term of imprisonment is
imposed on a defendant who is already subject to sentence in
this State or in another state, or for a sentence imposed by
any district court of the United States, the sentences shall
run concurrently or consecutively as determined by the court.
When one of the offenses for which a defendant was convicted
was a violation of Section 32-5.2 of the Criminal Code of 1961
and the offense was committed in attempting or committing a
forcible felony, the court may impose consecutive sentences.
When a term of imprisonment is imposed on a defendant by an

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Illinois circuit court and the defendant is subsequently
sentenced to a term of imprisonment by another state or by a
district court of the United States, the Illinois circuit court
which imposed the sentence may order that the Illinois sentence
be made concurrent with the sentence imposed by the other state
or district court of the United States. The defendant must
apply to the circuit court within 30 days after the defendant's
sentence imposed by the other state or district of the United
States is finalized. The court shall impose consecutive
sentences if:
(i) one of the offenses for which defendant was
convicted was first degree murder or a Class X or Class 1
felony and the defendant inflicted severe bodily injury, or
(ii) the defendant was convicted of a violation of
Section 12-13, 12-14, or 12-14.1 of the Criminal Code of
1961, or
(iii) the defendant was convicted of armed violence
based upon the predicate offense of solicitation of murder,
solicitation of murder for hire, heinous battery,
aggravated battery of a senior citizen, criminal sexual
assault, a violation of subsection (g) of Section 5 of the
Cannabis Control Act, cannabis trafficking, a violation of
subsection (a) of Section 401 of the Illinois Controlled
Substances Act, controlled substance trafficking involving
a Class X felony amount of controlled substance under
Section 401 of the Illinois Controlled Substances Act, a

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violation of the Methamphetamine Control and Community
Protection Act, calculated criminal drug conspiracy, or
streetgang criminal drug conspiracy, or
(iv) the defendant was convicted of the offense of
leaving the scene of a motor vehicle accident involving
death or personal injuries under Section 11-401 and either:
(A) aggravated driving under the influence of alcohol,
other drug or drugs, or intoxicating compound or compounds,
or any combination thereof under Section 11-501 of the
Illinois Vehicle Code, or (B) reckless homicide under
Section 9-3 of the Criminal Code of 1961, or both an
offense described in subdivision (A) and an offense
described in subdivision (B), or
(v) the defendant was convicted of a violation of
Section 9-3.1 (concealment of homicidal death) or Section
12-20.5 (dismembering a human body) of the Criminal Code of
1961, or
(vi) the defendant was convicted of a violation of
Section 24-3.7 (use of a stolen firearm in the commission
of an offense) of the Criminal Code of 1961,
in which event the court shall enter sentences to run
consecutively. Sentences shall run concurrently unless
otherwise specified by the court.
(b) Except in cases where consecutive sentences are
mandated, the court shall impose concurrent sentences unless,
having regard to the nature and circumstances of the offense

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and the history and character of the defendant, it is of the
opinion that consecutive sentences are required to protect the
public from further criminal conduct by the defendant, the
basis for which the court shall set forth in the record.
(c) (1) For sentences imposed under law in effect prior to
February 1, 1978 the aggregate maximum of consecutive
sentences shall not exceed the maximum term authorized
under Section 5-8-1 for the 2 most serious felonies
involved. The aggregate minimum period of consecutive
sentences shall not exceed the highest minimum term
authorized under Section 5-8-1 for the 2 most serious
felonies involved. When sentenced only for misdemeanors, a
defendant shall not be consecutively sentenced to more than
the maximum for one Class A misdemeanor.
(2) For sentences imposed under the law in effect on or
after February 1, 1978, the aggregate of consecutive
sentences for offenses that were committed as part of a
single course of conduct during which there was no
substantial change in the nature of the criminal objective
shall not exceed the sum of the maximum terms authorized
under Section 5-8-2 for the 2 most serious felonies
involved, but no such limitation shall apply for offenses
that were not committed as part of a single course of
conduct during which there was no substantial change in the
nature of the criminal objective. When sentenced only for
misdemeanors, a defendant shall not be consecutively

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sentenced to more than the maximum for one Class A
misdemeanor.
(d) An offender serving a sentence for a misdemeanor who is
convicted of a felony and sentenced to imprisonment shall be
transferred to the Department of Corrections, and the
misdemeanor sentence shall be merged in and run concurrently
with the felony sentence.
(e) In determining the manner in which consecutive
sentences of imprisonment, one or more of which is for a
felony, will be served, the Department of Corrections shall
treat the offender as though he had been committed for a single
term with the following incidents:
(1) the maximum period of a term of imprisonment shall
consist of the aggregate of the maximums of the imposed
indeterminate terms, if any, plus the aggregate of the
imposed determinate sentences for felonies plus the
aggregate of the imposed determinate sentences for
misdemeanors subject to paragraph (c) of this Section;
(2) the parole or mandatory supervised release term
shall be as provided in paragraph (e) of Section 5-8-1 of
this Code for the most serious of the offenses involved;
(3) the minimum period of imprisonment shall be the
aggregate of the minimum and determinate periods of
imprisonment imposed by the court, subject to paragraph (c)
of this Section; and
(4) the offender shall be awarded credit against the

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aggregate maximum term and the aggregate minimum term of
imprisonment for all time served in an institution since
the commission of the offense or offenses and as a
consequence thereof at the rate specified in Section 3-6-3
of this Code.
(f) A sentence of an offender committed to the Department
of Corrections at the time of the commission of the offense
shall be served consecutive to the sentence under which he is
held by the Department of Corrections. However, in case such
offender shall be sentenced to punishment by death, the
sentence shall be executed at such time as the court may fix
without regard to the sentence under which such offender may be
held by the Department.
(g) A sentence under Section 3-6-4 for escape or attempted
escape shall be served consecutive to the terms under which the
offender is held by the Department of Corrections.
(h) If a person charged with a felony commits a separate
felony while on pre-trial release or in pretrial detention in a
county jail facility or county detention facility, the
sentences imposed upon conviction of these felonies shall be
served consecutively regardless of the order in which the
judgments of conviction are entered.
(h-1) If a person commits a battery against a county
correctional officer or sheriff's employee while serving a
sentence or in pretrial detention in a county jail facility,
then the sentence imposed upon conviction of the battery shall

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be served consecutively with the sentence imposed upon
conviction of the earlier misdemeanor or felony, regardless of
the order in which the judgments of conviction are entered.
(i) If a person admitted to bail following conviction of a
felony commits a separate felony while free on bond or if a
person detained in a county jail facility or county detention
facility following conviction of a felony commits a separate
felony while in detention, any sentence following conviction of
the separate felony shall be consecutive to that of the
original sentence for which the defendant was on bond or
detained.
(j) If a person is found to be in possession of an item of
contraband, as defined in clause (c)(2) of Section 31A-1.1 of
the Criminal Code of 1961, while serving a sentence in a penal
institution or while in pre-trial detention in a county jail,
the sentence imposed upon conviction for the offense of
possessing contraband in a penal institution shall be served
consecutively to the sentence imposed for the offense in which
the person is serving sentence in the county jail or serving
pretrial detention, regardless of the order in which the
judgments of conviction are entered.
(Source: P.A. 94-556, eff. 9-11-05; 94-985, eff. 1-1-07;
95-379, eff. 8-23-07; 95-766, eff. 1-1-09.)