Bill Text: IL HB1057 | 2023-2024 | 103rd General Assembly | Introduced


Bill Title: Amends the Firearm Owners Identification Card Act. Provides that no person, other than a certified licensee under the Firearm Dealer License Certification Act or an employee of the certified licensee in the course of his or her business as an employee of a certified licensee, may knowingly transfer, or cause to be transferred, firearm ammunition in the State. Amends the Criminal Code of 2012. Provides that it is a Class 4 felony to sell or give firearm ammunition to any person if the transferrer of the firearm ammunition is not a certified licensee under the Firearm Dealer License Certification Act or if the transferrer of the firearm ammunition is not an employee of the certified licensee selling or transferring firearm ammunition in the course of his or her business as an employee of a certified licensee. Defines "certified licensee" and "licensee".

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2023-03-10 - Rule 19(a) / Re-referred to Rules Committee [HB1057 Detail]

Download: Illinois-2023-HB1057-Introduced.html


103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB1057

Introduced , by Rep. Rita Mayfield

SYNOPSIS AS INTRODUCED:
430 ILCS 65/1.1 from Ch. 38, par. 83-1.1
430 ILCS 65/3 from Ch. 38, par. 83-3
430 ILCS 65/3a from Ch. 38, par. 83-3a
720 ILCS 5/24-3 from Ch. 38, par. 24-3

Amends the Firearm Owners Identification Card Act. Provides that no person, other than a certified licensee under the Firearm Dealer License Certification Act or an employee of the certified licensee in the course of his or her business as an employee of a certified licensee, may knowingly transfer, or cause to be transferred, firearm ammunition in the State. Amends the Criminal Code of 2012. Provides that it is a Class 4 felony to sell or give firearm ammunition to any person if the transferrer of the firearm ammunition is not a certified licensee under the Firearm Dealer License Certification Act or if the transferrer of the firearm ammunition is not an employee of the certified licensee selling or transferring firearm ammunition in the course of his or her business as an employee of a certified licensee. Defines "certified licensee" and "licensee".
LRB103 00028 RLC 45028 b

A BILL FOR

HB1057LRB103 00028 RLC 45028 b
1 AN ACT concerning criminal law.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Firearm Owners Identification Card Act is
5amended by changing Sections 1.1, 3, and 3a as follows:
6 (430 ILCS 65/1.1) (from Ch. 38, par. 83-1.1)
7 Sec. 1.1. For purposes of this Act:
8 "Addicted to narcotics" means a person who has been:
9 (1) convicted of an offense involving the use or
10 possession of cannabis, a controlled substance, or
11 methamphetamine within the past year; or
12 (2) determined by the Illinois State Police to be
13 addicted to narcotics based upon federal law or federal
14 guidelines.
15 "Addicted to narcotics" does not include possession or use
16of a prescribed controlled substance under the direction and
17authority of a physician or other person authorized to
18prescribe the controlled substance when the controlled
19substance is used in the prescribed manner.
20 "Adjudicated as a person with a mental disability" means
21the person is the subject of a determination by a court, board,
22commission or other lawful authority that the person, as a
23result of marked subnormal intelligence, or mental illness,

HB1057- 2 -LRB103 00028 RLC 45028 b
1mental impairment, incompetency, condition, or disease:
2 (1) presents a clear and present danger to himself,
3 herself, or to others;
4 (2) lacks the mental capacity to manage his or her own
5 affairs or is adjudicated a person with a disability as
6 defined in Section 11a-2 of the Probate Act of 1975;
7 (3) is not guilty in a criminal case by reason of
8 insanity, mental disease or defect;
9 (3.5) is guilty but mentally ill, as provided in
10 Section 5-2-6 of the Unified Code of Corrections;
11 (4) is incompetent to stand trial in a criminal case;
12 (5) is not guilty by reason of lack of mental
13 responsibility under Articles 50a and 72b of the Uniform
14 Code of Military Justice, 10 U.S.C. 850a, 876b;
15 (6) is a sexually violent person under subsection (f)
16 of Section 5 of the Sexually Violent Persons Commitment
17 Act;
18 (7) is a sexually dangerous person under the Sexually
19 Dangerous Persons Act;
20 (8) is unfit to stand trial under the Juvenile Court
21 Act of 1987;
22 (9) is not guilty by reason of insanity under the
23 Juvenile Court Act of 1987;
24 (10) is subject to involuntary admission as an
25 inpatient as defined in Section 1-119 of the Mental Health
26 and Developmental Disabilities Code;

HB1057- 3 -LRB103 00028 RLC 45028 b
1 (11) is subject to involuntary admission as an
2 outpatient as defined in Section 1-119.1 of the Mental
3 Health and Developmental Disabilities Code;
4 (12) is subject to judicial admission as set forth in
5 Section 4-500 of the Mental Health and Developmental
6 Disabilities Code; or
7 (13) is subject to the provisions of the Interstate
8 Agreements on Sexually Dangerous Persons Act.
9 "Certified licensee" and "licensee" have the meanings
10 ascribed to them in Section 5-5 of the Firearm Dealer
11 License Certification Act.
12 "Clear and present danger" means a person who:
13 (1) communicates a serious threat of physical violence
14 against a reasonably identifiable victim or poses a clear
15 and imminent risk of serious physical injury to himself,
16 herself, or another person as determined by a physician,
17 clinical psychologist, or qualified examiner; or
18 (2) demonstrates threatening physical or verbal
19 behavior, such as violent, suicidal, or assaultive
20 threats, actions, or other behavior, as determined by a
21 physician, clinical psychologist, qualified examiner,
22 school administrator, or law enforcement official.
23 "Clinical psychologist" has the meaning provided in
24Section 1-103 of the Mental Health and Developmental
25Disabilities Code.
26 "Controlled substance" means a controlled substance or

HB1057- 4 -LRB103 00028 RLC 45028 b
1controlled substance analog as defined in the Illinois
2Controlled Substances Act.
3 "Counterfeit" means to copy or imitate, without legal
4authority, with intent to deceive.
5 "Federally licensed firearm dealer" means a person who is
6licensed as a federal firearms dealer under Section 923 of the
7federal Gun Control Act of 1968 (18 U.S.C. 923).
8 "Firearm" means any device, by whatever name known, which
9is designed to expel a projectile or projectiles by the action
10of an explosion, expansion of gas or escape of gas; excluding,
11however:
12 (1) any pneumatic gun, spring gun, paint ball gun, or
13 B-B gun which expels a single globular projectile not
14 exceeding .18 inch in diameter or which has a maximum
15 muzzle velocity of less than 700 feet per second;
16 (1.1) any pneumatic gun, spring gun, paint ball gun,
17 or B-B gun which expels breakable paint balls containing
18 washable marking colors;
19 (2) any device used exclusively for signaling or
20 safety and required or recommended by the United States
21 Coast Guard or the Interstate Commerce Commission;
22 (3) any device used exclusively for the firing of stud
23 cartridges, explosive rivets or similar industrial
24 ammunition; and
25 (4) an antique firearm (other than a machine-gun)
26 which, although designed as a weapon, the Illinois State

HB1057- 5 -LRB103 00028 RLC 45028 b
1 Police finds by reason of the date of its manufacture,
2 value, design, and other characteristics is primarily a
3 collector's item and is not likely to be used as a weapon.
4 "Firearm ammunition" means any self-contained cartridge or
5shotgun shell, by whatever name known, which is designed to be
6used or adaptable to use in a firearm; excluding, however:
7 (1) any ammunition exclusively designed for use with a
8 device used exclusively for signaling signalling or safety
9 and required or recommended by the United States Coast
10 Guard or the Interstate Commerce Commission; and
11 (2) any ammunition designed exclusively for use with a
12 stud or rivet driver or other similar industrial
13 ammunition.
14 "Gun show" means an event or function:
15 (1) at which the sale and transfer of firearms is the
16 regular and normal course of business and where 50 or more
17 firearms are displayed, offered, or exhibited for sale,
18 transfer, or exchange; or
19 (2) at which not less than 10 gun show vendors
20 display, offer, or exhibit for sale, sell, transfer, or
21 exchange firearms.
22 "Gun show" includes the entire premises provided for an
23event or function, including parking areas for the event or
24function, that is sponsored to facilitate the purchase, sale,
25transfer, or exchange of firearms as described in this
26Section. Nothing in this definition shall be construed to

HB1057- 6 -LRB103 00028 RLC 45028 b
1exclude a gun show held in conjunction with competitive
2shooting events at the World Shooting Complex sanctioned by a
3national governing body in which the sale or transfer of
4firearms is authorized under subparagraph (5) of paragraph (g)
5of subsection (A) of Section 24-3 of the Criminal Code of 2012.
6 Unless otherwise expressly stated, "gun show" does not
7include training or safety classes, competitive shooting
8events, such as rifle, shotgun, or handgun matches, trap,
9skeet, or sporting clays shoots, dinners, banquets, raffles,
10or any other event where the sale or transfer of firearms is
11not the primary course of business.
12 "Gun show promoter" means a person who organizes or
13operates a gun show.
14 "Gun show vendor" means a person who exhibits, sells,
15offers for sale, transfers, or exchanges any firearms at a gun
16show, regardless of whether the person arranges with a gun
17show promoter for a fixed location from which to exhibit,
18sell, offer for sale, transfer, or exchange any firearm.
19 "Involuntarily admitted" has the meaning as prescribed in
20Sections 1-119 and 1-119.1 of the Mental Health and
21Developmental Disabilities Code.
22 "Mental health facility" means any licensed private
23hospital or hospital affiliate, institution, or facility, or
24part thereof, and any facility, or part thereof, operated by
25the State or a political subdivision thereof which provides
26provide treatment of persons with mental illness and includes

HB1057- 7 -LRB103 00028 RLC 45028 b
1all hospitals, institutions, clinics, evaluation facilities,
2mental health centers, colleges, universities, long-term care
3facilities, and nursing homes, or parts thereof, which provide
4treatment of persons with mental illness whether or not the
5primary purpose is to provide treatment of persons with mental
6illness.
7 "National governing body" means a group of persons who
8adopt rules and formulate policy on behalf of a national
9firearm sporting organization.
10 "Patient" means:
11 (1) a person who is admitted as an inpatient or
12 resident of a public or private mental health facility for
13 mental health treatment under Chapter III of the Mental
14 Health and Developmental Disabilities Code as an informal
15 admission, a voluntary admission, a minor admission, an
16 emergency admission, or an involuntary admission, unless
17 the treatment was solely for an alcohol abuse disorder; or
18 (2) a person who voluntarily or involuntarily receives
19 mental health treatment as an out-patient or is otherwise
20 provided services by a public or private mental health
21 facility, and who poses a clear and present danger to
22 himself, herself, or to others.
23 "Person with a developmental disability" means a person
24with a disability which is attributable to any other condition
25which results in impairment similar to that caused by an
26intellectual disability and which requires services similar to

HB1057- 8 -LRB103 00028 RLC 45028 b
1those required by persons with intellectual disabilities. The
2disability must originate before the age of 18 years, be
3expected to continue indefinitely, and constitute a
4substantial disability. This disability results, in the
5professional opinion of a physician, clinical psychologist, or
6qualified examiner, in significant functional limitations in 3
7or more of the following areas of major life activity:
8 (i) self-care;
9 (ii) receptive and expressive language;
10 (iii) learning;
11 (iv) mobility; or
12 (v) self-direction.
13 "Person with an intellectual disability" means a person
14with a significantly subaverage general intellectual
15functioning which exists concurrently with impairment in
16adaptive behavior and which originates before the age of 18
17years.
18 "Physician" has the meaning as defined in Section 1-120 of
19the Mental Health and Developmental Disabilities Code.
20 "Protective order" means any orders of protection issued
21under the Illinois Domestic Violence Act of 1986, stalking no
22contact orders issued under the Stalking No Contact Order Act,
23civil no contact orders issued under the Civil No Contact
24Order Act, and firearms restraining orders issued under the
25Firearms Restraining Order Act.
26 "Qualified examiner" has the meaning provided in Section

HB1057- 9 -LRB103 00028 RLC 45028 b
11-122 of the Mental Health and Developmental Disabilities
2Code.
3 "Sanctioned competitive shooting event" means a shooting
4contest officially recognized by a national or state shooting
5sport association, and includes any sight-in or practice
6conducted in conjunction with the event.
7 "School administrator" means the person required to report
8under the School Administrator Reporting of Mental Health
9Clear and Present Danger Determinations Law.
10 "Stun gun or taser" has the meaning ascribed to it in
11Section 24-1 of the Criminal Code of 2012.
12(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
13revised 10-6-21.)
14 (430 ILCS 65/3) (from Ch. 38, par. 83-3)
15 (Text of Section before amendment by P.A. 102-237)
16 Sec. 3. (a) Except as provided in Section 3a, no person may
17knowingly transfer, or cause to be transferred, any firearm,
18firearm ammunition, stun gun, or taser to any person within
19this State unless the transferee with whom he deals displays
20either: (1) a currently valid Firearm Owner's Identification
21Card which has previously been issued in his or her name by the
22Illinois State Police under the provisions of this Act; or (2)
23a currently valid license to carry a concealed firearm which
24has previously been issued in his or her name by the Illinois
25State Police under the Firearm Concealed Carry Act. In

HB1057- 10 -LRB103 00028 RLC 45028 b
1addition, all firearm, stun gun, and taser transfers by
2federally licensed firearm dealers are subject to Section 3.1.
3 (a-5) Any person who is not a federally licensed firearm
4dealer and who desires to transfer or sell a firearm while that
5person is on the grounds of a gun show must, before selling or
6transferring the firearm, request the Illinois State Police to
7conduct a background check on the prospective recipient of the
8firearm in accordance with Section 3.1.
9 (a-10) Notwithstanding item (2) of subsection (a) of this
10Section, any person who is not a federally licensed firearm
11dealer and who desires to transfer or sell a firearm or
12firearms to any person who is not a federally licensed firearm
13dealer shall, before selling or transferring the firearms,
14contact the Illinois State Police with the transferee's or
15purchaser's Firearm Owner's Identification Card number to
16determine the validity of the transferee's or purchaser's
17Firearm Owner's Identification Card. This subsection shall not
18be effective until January 1, 2014. The Illinois State Police
19may adopt rules concerning the implementation of this
20subsection. The Illinois State Police shall provide the seller
21or transferor an approval number if the purchaser's Firearm
22Owner's Identification Card is valid. Approvals issued by the
23Illinois State Police for the purchase of a firearm pursuant
24to this subsection are valid for 30 days from the date of
25issue.
26 (a-15) The provisions of subsection (a-10) of this Section

HB1057- 11 -LRB103 00028 RLC 45028 b
1do not apply to:
2 (1) transfers that occur at the place of business of a
3 federally licensed firearm dealer, if the federally
4 licensed firearm dealer conducts a background check on the
5 prospective recipient of the firearm in accordance with
6 Section 3.1 of this Act and follows all other applicable
7 federal, State, and local laws as if he or she were the
8 seller or transferor of the firearm, although the dealer
9 is not required to accept the firearm into his or her
10 inventory. The purchaser or transferee may be required by
11 the federally licensed firearm dealer to pay a fee not to
12 exceed $10 per firearm, which the dealer may retain as
13 compensation for performing the functions required under
14 this paragraph, plus the applicable fees authorized by
15 Section 3.1;
16 (2) transfers as a bona fide gift to the transferor's
17 husband, wife, son, daughter, stepson, stepdaughter,
18 father, mother, stepfather, stepmother, brother, sister,
19 nephew, niece, uncle, aunt, grandfather, grandmother,
20 grandson, granddaughter, father-in-law, mother-in-law,
21 son-in-law, or daughter-in-law;
22 (3) transfers by persons acting pursuant to operation
23 of law or a court order;
24 (4) transfers on the grounds of a gun show under
25 subsection (a-5) of this Section;
26 (5) the delivery of a firearm by its owner to a

HB1057- 12 -LRB103 00028 RLC 45028 b
1 gunsmith for service or repair, the return of the firearm
2 to its owner by the gunsmith, or the delivery of a firearm
3 by a gunsmith to a federally licensed firearms dealer for
4 service or repair and the return of the firearm to the
5 gunsmith;
6 (6) temporary transfers that occur while in the home
7 of the unlicensed transferee, if the unlicensed transferee
8 is not otherwise prohibited from possessing firearms and
9 the unlicensed transferee reasonably believes that
10 possession of the firearm is necessary to prevent imminent
11 death or great bodily harm to the unlicensed transferee;
12 (7) transfers to a law enforcement or corrections
13 agency or a law enforcement or corrections officer acting
14 within the course and scope of his or her official duties;
15 (8) transfers of firearms that have been rendered
16 permanently inoperable to a nonprofit historical society,
17 museum, or institutional collection; and
18 (9) transfers to a person who is exempt from the
19 requirement of possessing a Firearm Owner's Identification
20 Card under Section 2 of this Act.
21 (a-20) The Illinois State Police shall develop an
22Internet-based system for individuals to determine the
23validity of a Firearm Owner's Identification Card prior to the
24sale or transfer of a firearm. The Illinois State Police shall
25have the Internet-based system completed and available for use
26by July 1, 2015. The Illinois State Police shall adopt rules

HB1057- 13 -LRB103 00028 RLC 45028 b
1not inconsistent with this Section to implement this system.
2 (b) Any person within this State who transfers or causes
3to be transferred any firearm, stun gun, or taser shall keep a
4record of such transfer for a period of 10 years from the date
5of transfer. Such record shall contain the date of the
6transfer; the description, serial number or other information
7identifying the firearm, stun gun, or taser if no serial
8number is available; and, if the transfer was completed within
9this State, the transferee's Firearm Owner's Identification
10Card number and any approval number or documentation provided
11by the Illinois State Police pursuant to subsection (a-10) of
12this Section; if the transfer was not completed within this
13State, the record shall contain the name and address of the
14transferee. On or after January 1, 2006, the record shall
15contain the date of application for transfer of the firearm.
16On demand of a peace officer such transferor shall produce for
17inspection such record of transfer. If the transfer or sale
18took place at a gun show, the record shall include the unique
19identification number. Failure to record the unique
20identification number or approval number is a petty offense.
21For transfers of a firearm, stun gun, or taser made on or after
22January 18, 2019 (the effective date of Public Act 100-1178),
23failure by the private seller to maintain the transfer records
24in accordance with this Section is a Class A misdemeanor for
25the first offense and a Class 4 felony for a second or
26subsequent offense. A transferee shall not be criminally

HB1057- 14 -LRB103 00028 RLC 45028 b
1liable under this Section provided that he or she provides the
2Illinois State Police with the transfer records in accordance
3with procedures established by the Illinois State Police. The
4Illinois State Police shall establish, by rule, a standard
5form on its website.
6 (b-5) Any resident may purchase ammunition from a person
7within or outside of Illinois if shipment is by United States
8mail or by a private express carrier authorized by federal law
9to ship ammunition. Any resident purchasing ammunition within
10or outside the State of Illinois must provide the seller with a
11copy of his or her valid Firearm Owner's Identification Card
12or valid concealed carry license and either his or her
13Illinois driver's license or Illinois State Identification
14Card prior to the shipment of the ammunition. The ammunition
15may be shipped only to an address on either of those 2
16documents.
17 (c) The provisions of this Section regarding the transfer
18of firearm ammunition shall not apply to those persons
19specified in paragraph (b) of Section 2 of this Act.
20(Source: P.A. 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
21 (Text of Section after amendment by P.A. 102-237)
22 Sec. 3. (a) Except as provided in Section 3a, no person may
23knowingly transfer, or cause to be transferred, any firearm,
24firearm ammunition, stun gun, or taser to any person within
25this State unless the transferee with whom he deals displays

HB1057- 15 -LRB103 00028 RLC 45028 b
1either: (1) a currently valid Firearm Owner's Identification
2Card which has previously been issued in his or her name by the
3Illinois State Police under the provisions of this Act; or (2)
4a currently valid license to carry a concealed firearm which
5has previously been issued in his or her name by the Illinois
6State Police under the Firearm Concealed Carry Act. In
7addition, all firearm, stun gun, and taser transfers by
8federally licensed firearm dealers are subject to Section 3.1.
9 (a-1) No person, other than a certified licensee under the
10Firearm Dealer License Certification Act or an employee of the
11certified licensee who sells or transfers firearm ammunition
12in the course of his or her business as an employee of a
13certified licensee, may knowingly transfer, or cause to be
14transferred, firearm ammunition in this State.
15 (a-5) Any person who is not a federally licensed firearm
16dealer and who desires to transfer or sell a firearm while that
17person is on the grounds of a gun show must, before selling or
18transferring the firearm, request the Illinois State Police to
19conduct a background check on the prospective recipient of the
20firearm in accordance with Section 3.1.
21 (a-10) Notwithstanding item (2) of subsection (a) of this
22Section, any person who is not a federally licensed firearm
23dealer and who desires to transfer or sell a firearm or
24firearms to any person who is not a federally licensed firearm
25dealer shall, before selling or transferring the firearms,
26contact a federal firearm license dealer under paragraph (1)

HB1057- 16 -LRB103 00028 RLC 45028 b
1of subsection (a-15) of this Section to conduct the transfer
2or the Illinois State Police with the transferee's or
3purchaser's Firearm Owner's Identification Card number to
4determine the validity of the transferee's or purchaser's
5Firearm Owner's Identification Card under State and federal
6law, including the National Instant Criminal Background Check
7System. This subsection shall not be effective until January
81, 2024. Until that date the transferor shall contact the
9Illinois State Police with the transferee's or purchaser's
10Firearm Owner's Identification Card number to determine the
11validity of the card. The Illinois State Police may adopt
12rules concerning the implementation of this subsection. The
13Illinois State Police shall provide the seller or transferor
14an approval number if the purchaser's Firearm Owner's
15Identification Card is valid. Approvals issued by the Illinois
16State Police for the purchase of a firearm pursuant to this
17subsection are valid for 30 days from the date of issue.
18 (a-15) The provisions of subsection (a-10) of this Section
19do not apply to:
20 (1) transfers that occur at the place of business of a
21 federally licensed firearm dealer, if the federally
22 licensed firearm dealer conducts a background check on the
23 prospective recipient of the firearm in accordance with
24 Section 3.1 of this Act and follows all other applicable
25 federal, State, and local laws as if he or she were the
26 seller or transferor of the firearm, although the dealer

HB1057- 17 -LRB103 00028 RLC 45028 b
1 is not required to accept the firearm into his or her
2 inventory. The purchaser or transferee may be required by
3 the federally licensed firearm dealer to pay a fee not to
4 exceed $25 per firearm, which the dealer may retain as
5 compensation for performing the functions required under
6 this paragraph, plus the applicable fees authorized by
7 Section 3.1;
8 (2) transfers as a bona fide gift to the transferor's
9 husband, wife, son, daughter, stepson, stepdaughter,
10 father, mother, stepfather, stepmother, brother, sister,
11 nephew, niece, uncle, aunt, grandfather, grandmother,
12 grandson, granddaughter, father-in-law, mother-in-law,
13 son-in-law, or daughter-in-law;
14 (3) transfers by persons acting pursuant to operation
15 of law or a court order;
16 (4) transfers on the grounds of a gun show under
17 subsection (a-5) of this Section;
18 (5) the delivery of a firearm by its owner to a
19 gunsmith for service or repair, the return of the firearm
20 to its owner by the gunsmith, or the delivery of a firearm
21 by a gunsmith to a federally licensed firearms dealer for
22 service or repair and the return of the firearm to the
23 gunsmith;
24 (6) temporary transfers that occur while in the home
25 of the unlicensed transferee, if the unlicensed transferee
26 is not otherwise prohibited from possessing firearms and

HB1057- 18 -LRB103 00028 RLC 45028 b
1 the unlicensed transferee reasonably believes that
2 possession of the firearm is necessary to prevent imminent
3 death or great bodily harm to the unlicensed transferee;
4 (7) transfers to a law enforcement or corrections
5 agency or a law enforcement or corrections officer acting
6 within the course and scope of his or her official duties;
7 (8) transfers of firearms that have been rendered
8 permanently inoperable to a nonprofit historical society,
9 museum, or institutional collection; and
10 (9) transfers to a person who is exempt from the
11 requirement of possessing a Firearm Owner's Identification
12 Card under Section 2 of this Act.
13 (a-20) The Illinois State Police shall develop an
14Internet-based system for individuals to determine the
15validity of a Firearm Owner's Identification Card prior to the
16sale or transfer of a firearm. The Illinois State Police shall
17have the Internet-based system updated and available for use
18by January 1, 2024. The Illinois State Police shall adopt
19rules not inconsistent with this Section to implement this
20system; but no rule shall allow the Illinois State Police to
21retain records in contravention of State and federal law.
22 (a-25) On or before January 1, 2022, the Illinois State
23Police shall develop an Internet-based system upon which the
24serial numbers of firearms that have been reported stolen are
25available for public access for individuals to ensure any
26firearms are not reported stolen prior to the sale or transfer

HB1057- 19 -LRB103 00028 RLC 45028 b
1of a firearm under this Section. The Illinois State Police
2shall have the Internet-based system completed and available
3for use by July 1, 2022. The Illinois State Police shall adopt
4rules not inconsistent with this Section to implement this
5system.
6 (b) Any person within this State who transfers or causes
7to be transferred any firearm, stun gun, or taser shall keep a
8record of such transfer for a period of 10 years from the date
9of transfer. Any person within this State who receives any
10firearm, stun gun, or taser pursuant to subsection (a-10)
11shall provide a record of the transfer within 10 days of the
12transfer to a federally licensed firearm dealer and shall not
13be required to maintain a transfer record. The federally
14licensed firearm dealer shall maintain the transfer record for
1520 years from the date of receipt. A federally licensed
16firearm dealer may charge a fee not to exceed $25 to retain the
17record. The record shall be provided and maintained in either
18an electronic or paper format. The federally licensed firearm
19dealer shall not be liable for the accuracy of any information
20in the transfer record submitted pursuant to this Section.
21Such records shall contain the date of the transfer; the
22description, serial number or other information identifying
23the firearm, stun gun, or taser if no serial number is
24available; and, if the transfer was completed within this
25State, the transferee's Firearm Owner's Identification Card
26number and any approval number or documentation provided by

HB1057- 20 -LRB103 00028 RLC 45028 b
1the Illinois State Police pursuant to subsection (a-10) of
2this Section; if the transfer was not completed within this
3State, the record shall contain the name and address of the
4transferee. On or after January 1, 2006, the record shall
5contain the date of application for transfer of the firearm.
6On demand of a peace officer such transferor shall produce for
7inspection such record of transfer. For any transfer pursuant
8to subsection (a-10) of this Section, on the demand of a peace
9officer, such transferee shall identify the federally licensed
10firearm dealer maintaining the transfer record. If the
11transfer or sale took place at a gun show, the record shall
12include the unique identification number. Failure to record
13the unique identification number or approval number is a petty
14offense. For transfers of a firearm, stun gun, or taser made on
15or after January 18, 2019 (the effective date of Public Act
16100-1178), failure by the private seller to maintain the
17transfer records in accordance with this Section, or failure
18by a transferee pursuant to subsection a-10 of this Section to
19identify the federally licensed firearm dealer maintaining the
20transfer record, is a Class A misdemeanor for the first
21offense and a Class 4 felony for a second or subsequent offense
22occurring within 10 years of the first offense and the second
23offense was committed after conviction of the first offense.
24Whenever any person who has not previously been convicted of
25any violation of subsection (a-5), the court may grant
26supervision pursuant to and consistent with the limitations of

HB1057- 21 -LRB103 00028 RLC 45028 b
1Section 5-6-1 of the Unified Code of Corrections. A transferee
2or transferor shall not be criminally liable under this
3Section provided that he or she provides the Illinois State
4Police with the transfer records in accordance with procedures
5established by the Illinois State Police. The Illinois State
6Police shall establish, by rule, a standard form on its
7website.
8 (b-5) (Blank). Any resident may purchase ammunition from a
9person within or outside of Illinois if shipment is by United
10States mail or by a private express carrier authorized by
11federal law to ship ammunition. Any resident purchasing
12ammunition within or outside the State of Illinois must
13provide the seller with a copy of his or her valid Firearm
14Owner's Identification Card or valid concealed carry license
15and either his or her Illinois driver's license or Illinois
16State Identification Card prior to the shipment of the
17ammunition. The ammunition may be shipped only to an address
18on either of those 2 documents.
19 (c) (Blank). The provisions of this Section regarding the
20transfer of firearm ammunition shall not apply to those
21persons specified in paragraph (b) of Section 2 of this Act.
22(Source: P.A. 102-237, eff. 1-1-24; 102-538, eff. 8-20-21;
23102-813, eff. 5-13-22.)
24 (430 ILCS 65/3a) (from Ch. 38, par. 83-3a)
25 Sec. 3a. (a) Any resident of Illinois who has obtained a

HB1057- 22 -LRB103 00028 RLC 45028 b
1firearm owner's identification card pursuant to this Act and
2who is not otherwise prohibited from obtaining, possessing or
3using a firearm may purchase or obtain a rifle or shotgun or
4ammunition for a rifle or shotgun in Iowa, Missouri, Indiana,
5Wisconsin or Kentucky.
6 (b) Any resident of Iowa, Missouri, Indiana, Wisconsin or
7Kentucky or a non-resident with a valid non-resident hunting
8license, who is 18 years of age or older and who is not
9prohibited by the laws of Illinois, the state of his domicile,
10or the United States from obtaining, possessing or using a
11firearm, may purchase or obtain a rifle, shotgun or ammunition
12for a rifle or shotgun in Illinois.
13 (b-5) Any non-resident who is participating in a
14sanctioned competitive shooting event, who is 18 years of age
15or older and who is not prohibited by the laws of Illinois, the
16state of his or her domicile, or the United States from
17obtaining, possessing, or using a firearm, may purchase or
18obtain a shotgun or shotgun ammunition in Illinois for the
19purpose of participating in that event. A person may purchase
20or obtain a shotgun or shotgun ammunition under this
21subsection only at the site where the sanctioned competitive
22shooting event is being held.
23 (b-6) Notwithstanding subsections (a), (b), and (b-5),
24ammunition for a rifle or shotgun must be purchased only from a
25federally licensed firearm dealer.
26 (b-10) Any non-resident registered competitor or attendee

HB1057- 23 -LRB103 00028 RLC 45028 b
1of a competitive shooting event held at the World Shooting
2Complex sanctioned by a national governing body, who is not
3prohibited by the laws of Illinois, the state of his or her
4domicile, or the United States from obtaining, possessing, or
5using a firearm may purchase or obtain a rifle, shotgun, or
6other long gun or ammunition for a rifle, shotgun, or other
7long gun at the competitive shooting event. The sanctioning
8body shall provide a list of registered competitors and
9attendees as required under subparagraph (5) of paragraph (g)
10of subsection (A) of Section 24-3 of the Criminal Code of 2012.
11A competitor or attendee of a competitive shooting event who
12does not wish to purchase a firearm at the event is not
13required to register or have his or her name appear on a list
14of registered competitors and attendees provided to the
15Department of State Police by the sanctioning body.
16 (c) Any transaction under this Section is subject to the
17provisions of the Gun Control Act of 1968 (18 U.S.C. 922
18(b)(3)).
19(Source: P.A. 99-29, eff. 7-10-15.)
20 Section 10. The Criminal Code of 2012 is amended by
21changing Section 24-3 as follows:
22 (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
23 Sec. 24-3. Unlawful sale or delivery of firearms.
24 (A) A person commits the offense of unlawful sale or

HB1057- 24 -LRB103 00028 RLC 45028 b
1delivery of firearms when he or she knowingly does any of the
2following:
3 (a) Sells or gives any firearm of a size which may be
4 concealed upon the person to any person under 18 years of
5 age.
6 (b) Sells or gives any firearm to a person under 21
7 years of age who has been convicted of a misdemeanor other
8 than a traffic offense or adjudged delinquent.
9 (c) Sells or gives any firearm to any narcotic addict.
10 (d) Sells or gives any firearm to any person who has
11 been convicted of a felony under the laws of this or any
12 other jurisdiction.
13 (e) Sells or gives any firearm to any person who has
14 been a patient in a mental institution within the past 5
15 years. In this subsection (e):
16 "Mental institution" means any hospital,
17 institution, clinic, evaluation facility, mental
18 health center, or part thereof, which is used
19 primarily for the care or treatment of persons with
20 mental illness.
21 "Patient in a mental institution" means the person
22 was admitted, either voluntarily or involuntarily, to
23 a mental institution for mental health treatment,
24 unless the treatment was voluntary and solely for an
25 alcohol abuse disorder and no other secondary
26 substance abuse disorder or mental illness.

HB1057- 25 -LRB103 00028 RLC 45028 b
1 (f) Sells or gives any firearms to any person who is a
2 person with an intellectual disability.
3 (g) Delivers any firearm, incidental to a sale,
4 without withholding delivery of the firearm for at least
5 72 hours after application for its purchase has been made,
6 or delivers a stun gun or taser, incidental to a sale,
7 without withholding delivery of the stun gun or taser for
8 at least 24 hours after application for its purchase has
9 been made. However, this paragraph (g) does not apply to:
10 (1) the sale of a firearm to a law enforcement officer if
11 the seller of the firearm knows that the person to whom he
12 or she is selling the firearm is a law enforcement officer
13 or the sale of a firearm to a person who desires to
14 purchase a firearm for use in promoting the public
15 interest incident to his or her employment as a bank
16 guard, armed truck guard, or other similar employment; (2)
17 a mail order sale of a firearm from a federally licensed
18 firearms dealer to a nonresident of Illinois under which
19 the firearm is mailed to a federally licensed firearms
20 dealer outside the boundaries of Illinois; (3) (blank);
21 (4) the sale of a firearm to a dealer licensed as a federal
22 firearms dealer under Section 923 of the federal Gun
23 Control Act of 1968 (18 U.S.C. 923); or (5) the transfer or
24 sale of any rifle, shotgun, or other long gun to a resident
25 registered competitor or attendee or non-resident
26 registered competitor or attendee by any dealer licensed

HB1057- 26 -LRB103 00028 RLC 45028 b
1 as a federal firearms dealer under Section 923 of the
2 federal Gun Control Act of 1968 at competitive shooting
3 events held at the World Shooting Complex sanctioned by a
4 national governing body. For purposes of transfers or
5 sales under subparagraph (5) of this paragraph (g), the
6 Department of Natural Resources shall give notice to the
7 Illinois State Police at least 30 calendar days prior to
8 any competitive shooting events at the World Shooting
9 Complex sanctioned by a national governing body. The
10 notification shall be made on a form prescribed by the
11 Illinois State Police. The sanctioning body shall provide
12 a list of all registered competitors and attendees at
13 least 24 hours before the events to the Illinois State
14 Police. Any changes to the list of registered competitors
15 and attendees shall be forwarded to the Illinois State
16 Police as soon as practicable. The Illinois State Police
17 must destroy the list of registered competitors and
18 attendees no later than 30 days after the date of the
19 event. Nothing in this paragraph (g) relieves a federally
20 licensed firearm dealer from the requirements of
21 conducting a NICS background check through the Illinois
22 Point of Contact under 18 U.S.C. 922(t). For purposes of
23 this paragraph (g), "application" means when the buyer and
24 seller reach an agreement to purchase a firearm. For
25 purposes of this paragraph (g), "national governing body"
26 means a group of persons who adopt rules and formulate

HB1057- 27 -LRB103 00028 RLC 45028 b
1 policy on behalf of a national firearm sporting
2 organization.
3 (h) While holding any license as a dealer, importer,
4 manufacturer or pawnbroker under the federal Gun Control
5 Act of 1968, manufactures, sells or delivers to any
6 unlicensed person a handgun having a barrel, slide, frame
7 or receiver which is a die casting of zinc alloy or any
8 other nonhomogeneous metal which will melt or deform at a
9 temperature of less than 800 degrees Fahrenheit. For
10 purposes of this paragraph, (1) "firearm" is defined as in
11 the Firearm Owners Identification Card Act; and (2)
12 "handgun" is defined as a firearm designed to be held and
13 fired by the use of a single hand, and includes a
14 combination of parts from which such a firearm can be
15 assembled.
16 (i) Sells or gives a firearm of any size to any person
17 under 18 years of age who does not possess a valid Firearm
18 Owner's Identification Card.
19 (j) Sells or gives a firearm while engaged in the
20 business of selling firearms at wholesale or retail
21 without being licensed as a federal firearms dealer under
22 Section 923 of the federal Gun Control Act of 1968 (18
23 U.S.C. 923). In this paragraph (j):
24 A person "engaged in the business" means a person who
25 devotes time, attention, and labor to engaging in the
26 activity as a regular course of trade or business with the

HB1057- 28 -LRB103 00028 RLC 45028 b
1 principal objective of livelihood and profit, but does not
2 include a person who makes occasional repairs of firearms
3 or who occasionally fits special barrels, stocks, or
4 trigger mechanisms to firearms.
5 "With the principal objective of livelihood and
6 profit" means that the intent underlying the sale or
7 disposition of firearms is predominantly one of obtaining
8 livelihood and pecuniary gain, as opposed to other
9 intents, such as improving or liquidating a personal
10 firearms collection; however, proof of profit shall not be
11 required as to a person who engages in the regular and
12 repetitive purchase and disposition of firearms for
13 criminal purposes or terrorism.
14 (k) Sells or transfers ownership of a firearm to a
15 person who does not display to the seller or transferor of
16 the firearm either: (1) a currently valid Firearm Owner's
17 Identification Card that has previously been issued in the
18 transferee's name by the Illinois State Police under the
19 provisions of the Firearm Owners Identification Card Act;
20 or (2) a currently valid license to carry a concealed
21 firearm that has previously been issued in the
22 transferee's name by the Illinois State Police under the
23 Firearm Concealed Carry Act. This paragraph (k) does not
24 apply to the transfer of a firearm to a person who is
25 exempt from the requirement of possessing a Firearm
26 Owner's Identification Card under Section 2 of the Firearm

HB1057- 29 -LRB103 00028 RLC 45028 b
1 Owners Identification Card Act. For the purposes of this
2 Section, a currently valid Firearm Owner's Identification
3 Card or license to carry a concealed firearm means receipt
4 of an approval number issued in accordance with subsection
5 (a-10) of Section 3 or Section 3.1 of the Firearm Owners
6 Identification Card Act.
7 (1) In addition to the other requirements of this
8 paragraph (k), all persons who are not federally
9 licensed firearms dealers must also have complied with
10 subsection (a-10) of Section 3 of the Firearm Owners
11 Identification Card Act by determining the validity of
12 a purchaser's Firearm Owner's Identification Card.
13 (2) All sellers or transferors who have complied
14 with the requirements of subparagraph (1) of this
15 paragraph (k) shall not be liable for damages in any
16 civil action arising from the use or misuse by the
17 transferee of the firearm transferred, except for
18 willful or wanton misconduct on the part of the seller
19 or transferor.
20 (l) Not being entitled to the possession of a firearm,
21 delivers the firearm, knowing it to have been stolen or
22 converted. It may be inferred that a person who possesses
23 a firearm with knowledge that its serial number has been
24 removed or altered has knowledge that the firearm is
25 stolen or converted.
26 (m) Sells or gives firearm ammunition to a person if

HB1057- 30 -LRB103 00028 RLC 45028 b
1 the transferrer of the firearm ammunition is not a
2 certified licensee under the Firearm Dealer License
3 Certification Act or if the transferrer of the firearm
4 ammunition is not an employee of the certified licensee
5 who sells or transfers firearm ammunition in the course of
6 his or her business as an employee of a certified
7 licensee. In this paragraph (m), "certified licensee" and
8 "licensee" have the meanings ascribed to them in Section
9 5-5 of the Firearm Dealer License Certification Act.
10 (B) Paragraph (h) of subsection (A) does not include
11firearms sold within 6 months after enactment of Public Act
1278-355 (approved August 21, 1973, effective October 1, 1973),
13nor is any firearm legally owned or possessed by any citizen or
14purchased by any citizen within 6 months after the enactment
15of Public Act 78-355 subject to confiscation or seizure under
16the provisions of that Public Act. Nothing in Public Act
1778-355 shall be construed to prohibit the gift or trade of any
18firearm if that firearm was legally held or acquired within 6
19months after the enactment of that Public Act.
20 (C) Sentence.
21 (1) Any person convicted of unlawful sale or delivery
22 of firearms in violation of paragraph (c), (e), (f), (g),
23 or (h), or (m) of subsection (A) commits a Class 4 felony.
24 (2) Any person convicted of unlawful sale or delivery
25 of firearms in violation of paragraph (b) or (i) of
26 subsection (A) commits a Class 3 felony.

HB1057- 31 -LRB103 00028 RLC 45028 b
1 (3) Any person convicted of unlawful sale or delivery
2 of firearms in violation of paragraph (a) of subsection
3 (A) commits a Class 2 felony.
4 (4) Any person convicted of unlawful sale or delivery
5 of firearms in violation of paragraph (a), (b), or (i) of
6 subsection (A) in any school, on the real property
7 comprising a school, within 1,000 feet of the real
8 property comprising a school, at a school related
9 activity, or on or within 1,000 feet of any conveyance
10 owned, leased, or contracted by a school or school
11 district to transport students to or from school or a
12 school related activity, regardless of the time of day or
13 time of year at which the offense was committed, commits a
14 Class 1 felony. Any person convicted of a second or
15 subsequent violation of unlawful sale or delivery of
16 firearms in violation of paragraph (a), (b), or (i) of
17 subsection (A) in any school, on the real property
18 comprising a school, within 1,000 feet of the real
19 property comprising a school, at a school related
20 activity, or on or within 1,000 feet of any conveyance
21 owned, leased, or contracted by a school or school
22 district to transport students to or from school or a
23 school related activity, regardless of the time of day or
24 time of year at which the offense was committed, commits a
25 Class 1 felony for which the sentence shall be a term of
26 imprisonment of no less than 5 years and no more than 15

HB1057- 32 -LRB103 00028 RLC 45028 b
1 years.
2 (5) Any person convicted of unlawful sale or delivery
3 of firearms in violation of paragraph (a) or (i) of
4 subsection (A) in residential property owned, operated, or
5 managed by a public housing agency or leased by a public
6 housing agency as part of a scattered site or mixed-income
7 development, in a public park, in a courthouse, on
8 residential property owned, operated, or managed by a
9 public housing agency or leased by a public housing agency
10 as part of a scattered site or mixed-income development,
11 on the real property comprising any public park, on the
12 real property comprising any courthouse, or on any public
13 way within 1,000 feet of the real property comprising any
14 public park, courthouse, or residential property owned,
15 operated, or managed by a public housing agency or leased
16 by a public housing agency as part of a scattered site or
17 mixed-income development commits a Class 2 felony.
18 (6) Any person convicted of unlawful sale or delivery
19 of firearms in violation of paragraph (j) of subsection
20 (A) commits a Class A misdemeanor. A second or subsequent
21 violation is a Class 4 felony.
22 (7) Any person convicted of unlawful sale or delivery
23 of firearms in violation of paragraph (k) of subsection
24 (A) commits a Class 4 felony, except that a violation of
25 subparagraph (1) of paragraph (k) of subsection (A) shall
26 not be punishable as a crime or petty offense. A third or

HB1057- 33 -LRB103 00028 RLC 45028 b
1 subsequent conviction for a violation of paragraph (k) of
2 subsection (A) is a Class 1 felony.
3 (8) A person 18 years of age or older convicted of
4 unlawful sale or delivery of firearms in violation of
5 paragraph (a) or (i) of subsection (A), when the firearm
6 that was sold or given to another person under 18 years of
7 age was used in the commission of or attempt to commit a
8 forcible felony, shall be fined or imprisoned, or both,
9 not to exceed the maximum provided for the most serious
10 forcible felony so committed or attempted by the person
11 under 18 years of age who was sold or given the firearm.
12 (9) Any person convicted of unlawful sale or delivery
13 of firearms in violation of paragraph (d) of subsection
14 (A) commits a Class 3 felony.
15 (10) Any person convicted of unlawful sale or delivery
16 of firearms in violation of paragraph (l) of subsection
17 (A) commits a Class 2 felony if the delivery is of one
18 firearm. Any person convicted of unlawful sale or delivery
19 of firearms in violation of paragraph (l) of subsection
20 (A) commits a Class 1 felony if the delivery is of not less
21 than 2 and not more than 5 firearms at the same time or
22 within a one-year period. Any person convicted of unlawful
23 sale or delivery of firearms in violation of paragraph (l)
24 of subsection (A) commits a Class X felony for which he or
25 she shall be sentenced to a term of imprisonment of not
26 less than 6 years and not more than 30 years if the

HB1057- 34 -LRB103 00028 RLC 45028 b
1 delivery is of not less than 6 and not more than 10
2 firearms at the same time or within a 2-year period. Any
3 person convicted of unlawful sale or delivery of firearms
4 in violation of paragraph (l) of subsection (A) commits a
5 Class X felony for which he or she shall be sentenced to a
6 term of imprisonment of not less than 6 years and not more
7 than 40 years if the delivery is of not less than 11 and
8 not more than 20 firearms at the same time or within a
9 3-year period. Any person convicted of unlawful sale or
10 delivery of firearms in violation of paragraph (l) of
11 subsection (A) commits a Class X felony for which he or she
12 shall be sentenced to a term of imprisonment of not less
13 than 6 years and not more than 50 years if the delivery is
14 of not less than 21 and not more than 30 firearms at the
15 same time or within a 4-year period. Any person convicted
16 of unlawful sale or delivery of firearms in violation of
17 paragraph (l) of subsection (A) commits a Class X felony
18 for which he or she shall be sentenced to a term of
19 imprisonment of not less than 6 years and not more than 60
20 years if the delivery is of 31 or more firearms at the same
21 time or within a 5-year period.
22 (D) For purposes of this Section:
23 "School" means a public or private elementary or secondary
24school, community college, college, or university.
25 "School related activity" means any sporting, social,
26academic, or other activity for which students' attendance or

HB1057- 35 -LRB103 00028 RLC 45028 b
1participation is sponsored, organized, or funded in whole or
2in part by a school or school district.
3 (E) A prosecution for a violation of paragraph (k) of
4subsection (A) of this Section may be commenced within 6 years
5after the commission of the offense. A prosecution for a
6violation of this Section other than paragraph (g) of
7subsection (A) of this Section may be commenced within 5 years
8after the commission of the offense defined in the particular
9paragraph.
10(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
11102-813, eff. 5-13-22.)
12 Section 95. No acceleration or delay. Where this Act makes
13changes in a statute that is represented in this Act by text
14that is not yet or no longer in effect (for example, a Section
15represented by multiple versions), the use of that text does
16not accelerate or delay the taking effect of (i) the changes
17made by this Act or (ii) provisions derived from any other
18Public Act.
feedback