104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2587

Introduced , by Rep. Bradley Fritts

SYNOPSIS AS INTRODUCED:

720 ILCS 5/24-3 from Ch. 38, par. 24-3

Amends the Criminal Code of 2012. Provides that the 72-hour waiting period before delivery of a concealable firearm after application for its purchase has been made does not apply to a person who has been issued a valid license to carry a concealed handgun under the Firearm Concealed Carry Act. Effective immediately.

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A BILL FOR

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1 AN ACT concerning criminal law.

2 Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4 Section 5. The Criminal Code of 2012 is amended by

5 changing Section 24-3 as follows:

6 (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)

7 Sec. 24-3. Unlawful sale or delivery of firearms.

8 (A) A person commits the offense of unlawful sale or

9 delivery of firearms when he or she knowingly does any of the

10 following:

11 (a) Sells or gives any firearm of a size which may be

12 concealed upon the person to any person under 18 years of

13 age.

14 (b) Sells or gives any firearm to a person under 21

15 years of age who has been convicted of a misdemeanor other

16 than a traffic offense or adjudged delinquent.

17 (c) Sells or gives any firearm to any narcotic addict.

18 (d) Sells or gives any firearm to any person who has

19 been convicted of a felony under the laws of this or any

20 other jurisdiction.

21 (e) Sells or gives any firearm to any person who has

22 been a patient in a mental institution within the past 5

23 years. In this subsection (e):

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1 "Mental institution" means any hospital,

2 institution, clinic, evaluation facility, mental

3 health center, or part thereof, which is used

4 primarily for the care or treatment of persons with

5 mental illness.

6 "Patient in a mental institution" means the person

7 was admitted, either voluntarily or involuntarily, to

8 a mental institution for mental health treatment,

9 unless the treatment was voluntary and solely for an

10 alcohol abuse disorder and no other secondary

11 substance abuse disorder or mental illness.

12 (f) Sells or gives any firearms to any person who is a

13 person with an intellectual disability.

14 (g) Delivers any firearm, incidental to a sale,

15 without withholding delivery of the firearm for at least

16 72 hours after application for its purchase has been made,

17 or delivers a stun gun or taser, incidental to a sale,

18 without withholding delivery of the stun gun or taser for

19 at least 24 hours after application for its purchase has

20 been made. However, this paragraph (g) does not apply to:

21 (1) the sale of a firearm to a law enforcement officer if

22 the seller of the firearm knows that the person to whom he

23 or she is selling the firearm is a law enforcement officer

24 or the sale of a firearm to a person who desires to

25 purchase a firearm for use in promoting the public

26 interest incident to his or her employment as a bank

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1 guard, armed truck guard, or other similar employment; (2)

2 a mail order sale of a firearm from a federally licensed

3 firearms dealer to a nonresident of Illinois under which

4 the firearm is mailed to a federally licensed firearms

5 dealer outside the boundaries of Illinois; (3) (blank);

6 (4) the sale of a firearm to a dealer licensed as a federal

7 firearms dealer under Section 923 of the federal Gun

8 Control Act of 1968 (18 U.S.C. 923); (4.1) the sale of a

9 firearm to a person who has been issued a valid license to

10 carry a concealed handgun under the Firearm Concealed

11 Carry Act; or (5) the transfer or sale of any rifle,

12 shotgun, or other long gun to a resident registered

13 competitor or attendee or non-resident registered

14 competitor or attendee by any dealer licensed as a federal

15 firearms dealer under Section 923 of the federal Gun

16 Control Act of 1968 at competitive shooting events held at

17 the World Shooting Complex sanctioned by a national

18 governing body. For purposes of transfers or sales under

19 subparagraph (5) of this paragraph (g), the Department of

20 Natural Resources shall give notice to the Illinois State

21 Police at least 30 calendar days prior to any competitive

22 shooting events at the World Shooting Complex sanctioned

23 by a national governing body. The notification shall be

24 made on a form prescribed by the Illinois State Police.

25 The sanctioning body shall provide a list of all

26 registered competitors and attendees at least 24 hours

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1 before the events to the Illinois State Police. Any

2 changes to the list of registered competitors and

3 attendees shall be forwarded to the Illinois State Police

4 as soon as practicable. The Illinois State Police must

5 destroy the list of registered competitors and attendees

6 no later than 30 days after the date of the event. Nothing

7 in this paragraph (g) relieves a federally licensed

8 firearm dealer from the requirements of conducting a NICS

9 background check through the Illinois Point of Contact

10 under 18 U.S.C. 922(t). For purposes of this paragraph

11 (g), "application" means when the buyer and seller reach

12 an agreement to purchase a firearm. For purposes of this

13 paragraph (g), "national governing body" means a group of

14 persons who adopt rules and formulate policy on behalf of

15 a national firearm sporting organization.

16 (h) While holding any license as a dealer, importer,

17 manufacturer or pawnbroker under the federal Gun Control

18 Act of 1968, manufactures, sells or delivers to any

19 unlicensed person a handgun having a barrel, slide, frame

20 or receiver which is a die casting of zinc alloy or any

21 other nonhomogeneous metal which will melt or deform at a

22 temperature of less than 800 degrees Fahrenheit. For

23 purposes of this paragraph, (1) "firearm" is defined as in

24 the Firearm Owners Identification Card Act; and (2)

25 "handgun" is defined as a firearm designed to be held and

26 fired by the use of a single hand, and includes a

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1 combination of parts from which such a firearm can be

2 assembled.

3 (i) Sells or gives a firearm of any size to any person

4 under 18 years of age who does not possess a valid Firearm

5 Owner's Identification Card.

6 (j) Sells or gives a firearm while engaged in the

7 business of selling firearms at wholesale or retail

8 without being licensed as a federal firearms dealer under

9 Section 923 of the federal Gun Control Act of 1968 (18

10 U.S.C. 923). In this paragraph (j):

11 A person "engaged in the business" means a person who

12 devotes time, attention, and labor to engaging in the

13 activity as a regular course of trade or business with the

14 principal objective of livelihood and profit, but does not

15 include a person who makes occasional repairs of firearms

16 or who occasionally fits special barrels, stocks, or

17 trigger mechanisms to firearms.

18 "With the principal objective of livelihood and

19 profit" means that the intent underlying the sale or

20 disposition of firearms is predominantly one of obtaining

21 livelihood and pecuniary gain, as opposed to other

22 intents, such as improving or liquidating a personal

23 firearms collection; however, proof of profit shall not be

24 required as to a person who engages in the regular and

25 repetitive purchase and disposition of firearms for

26 criminal purposes or terrorism.

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1 (k) Sells or transfers ownership of a firearm to a

2 person who does not display to the seller or transferor of

3 the firearm either: (1) a currently valid Firearm Owner's

4 Identification Card that has previously been issued in the

5 transferee's name by the Illinois State Police under the

6 provisions of the Firearm Owners Identification Card Act;

7 or (2) a currently valid license to carry a concealed

8 firearm that has previously been issued in the

9 transferee's name by the Illinois State Police under the

10 Firearm Concealed Carry Act. This paragraph (k) does not

11 apply to the transfer of a firearm to a person who is

12 exempt from the requirement of possessing a Firearm

13 Owner's Identification Card under Section 2 of the Firearm

14 Owners Identification Card Act. For the purposes of this

15 Section, a currently valid Firearm Owner's Identification

16 Card or license to carry a concealed firearm means receipt

17 of an approval number issued in accordance with subsection

18 (a-10) of Section 3 or Section 3.1 of the Firearm Owners

19 Identification Card Act.

20 (1) In addition to the other requirements of this

21 paragraph (k), all persons who are not federally

22 licensed firearms dealers must also have complied with

23 subsection (a-10) of Section 3 of the Firearm Owners

24 Identification Card Act by determining the validity of

25 a purchaser's Firearm Owner's Identification Card.

26 (2) All sellers or transferors who have complied

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1 with the requirements of subparagraph (1) of this

2 paragraph (k) shall not be liable for damages in any

3 civil action arising from the use or misuse by the

4 transferee of the firearm transferred, except for

5 willful or wanton misconduct on the part of the seller

6 or transferor.

7 (l) Not being entitled to the possession of a firearm,

8 delivers the firearm, knowing it to have been stolen or

9 converted. It may be inferred that a person who possesses

10 a firearm with knowledge that its serial number has been

11 removed or altered has knowledge that the firearm is

12 stolen or converted.

13 (B) Paragraph (h) of subsection (A) does not include

14 firearms sold within 6 months after enactment of Public Act

15 78-355 (approved August 21, 1973, effective October 1, 1973),

16 nor is any firearm legally owned or possessed by any citizen or

17 purchased by any citizen within 6 months after the enactment

18 of Public Act 78-355 subject to confiscation or seizure under

19 the provisions of that Public Act. Nothing in Public Act

20 78-355 shall be construed to prohibit the gift or trade of any

21 firearm if that firearm was legally held or acquired within 6

22 months after the enactment of that Public Act.

23 (C) Sentence.

24 (1) Any person convicted of unlawful sale or delivery

25 of firearms in violation of paragraph (c), (e), (f), (g),

26 or (h) of subsection (A) commits a Class 4 felony.

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1 (2) Any person convicted of unlawful sale or delivery

2 of firearms in violation of paragraph (b) or (i) of

3 subsection (A) commits a Class 3 felony.

4 (3) Any person convicted of unlawful sale or delivery

5 of firearms in violation of paragraph (a) of subsection

6 (A) commits a Class 2 felony.

7 (4) Any person convicted of unlawful sale or delivery

8 of firearms in violation of paragraph (a), (b), or (i) of

9 subsection (A) in any school, on the real property

10 comprising a school, within 1,000 feet of the real

11 property comprising a school, at a school related

12 activity, or on or within 1,000 feet of any conveyance

13 owned, leased, or contracted by a school or school

14 district to transport students to or from school or a

15 school related activity, regardless of the time of day or

16 time of year at which the offense was committed, commits a

17 Class 1 felony. Any person convicted of a second or

18 subsequent violation of unlawful sale or delivery of

19 firearms in violation of paragraph (a), (b), or (i) of

20 subsection (A) in any school, on the real property

21 comprising a school, within 1,000 feet of the real

22 property comprising a school, at a school related

23 activity, or on or within 1,000 feet of any conveyance

24 owned, leased, or contracted by a school or school

25 district to transport students to or from school or a

26 school related activity, regardless of the time of day or

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1 time of year at which the offense was committed, commits a

2 Class 1 felony for which the sentence shall be a term of

3 imprisonment of no less than 5 years and no more than 15

4 years.

5 (5) Any person convicted of unlawful sale or delivery

6 of firearms in violation of paragraph (a) or (i) of

7 subsection (A) in residential property owned, operated, or

8 managed by a public housing agency or leased by a public

9 housing agency as part of a scattered site or mixed-income

10 development, in a public park, in a courthouse, on

11 residential property owned, operated, or managed by a

12 public housing agency or leased by a public housing agency

13 as part of a scattered site or mixed-income development,

14 on the real property comprising any public park, on the

15 real property comprising any courthouse, or on any public

16 way within 1,000 feet of the real property comprising any

17 public park, courthouse, or residential property owned,

18 operated, or managed by a public housing agency or leased

19 by a public housing agency as part of a scattered site or

20 mixed-income development commits a Class 2 felony.

21 (6) Any person convicted of unlawful sale or delivery

22 of firearms in violation of paragraph (j) of subsection

23 (A) commits a Class A misdemeanor. A second or subsequent

24 violation is a Class 4 felony.

25 (7) Any person convicted of unlawful sale or delivery

26 of firearms in violation of paragraph (k) of subsection

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1 (A) commits a Class 4 felony, except that a violation of

2 subparagraph (1) of paragraph (k) of subsection (A) shall

3 not be punishable as a crime or petty offense. A third or

4 subsequent conviction for a violation of paragraph (k) of

5 subsection (A) is a Class 1 felony.

6 (8) A person 18 years of age or older convicted of

7 unlawful sale or delivery of firearms in violation of

8 paragraph (a) or (i) of subsection (A), when the firearm

9 that was sold or given to another person under 18 years of

10 age was used in the commission of or attempt to commit a

11 forcible felony, shall be fined or imprisoned, or both,

12 not to exceed the maximum provided for the most serious

13 forcible felony so committed or attempted by the person

14 under 18 years of age who was sold or given the firearm.

15 (9) Any person convicted of unlawful sale or delivery

16 of firearms in violation of paragraph (d) of subsection

17 (A) commits a Class 3 felony.

18 (10) Any person convicted of unlawful sale or delivery

19 of firearms in violation of paragraph (l) of subsection

20 (A) commits a Class 2 felony if the delivery is of one

21 firearm. Any person convicted of unlawful sale or delivery

22 of firearms in violation of paragraph (l) of subsection

23 (A) commits a Class 1 felony if the delivery is of not less

24 than 2 and not more than 5 firearms at the same time or

25 within a one-year period. Any person convicted of unlawful

26 sale or delivery of firearms in violation of paragraph (l)

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1 of subsection (A) commits a Class X felony for which he or

2 she shall be sentenced to a term of imprisonment of not

3 less than 6 years and not more than 30 years if the

4 delivery is of not less than 6 and not more than 10

5 firearms at the same time or within a 2-year period. Any

6 person convicted of unlawful sale or delivery of firearms

7 in violation of paragraph (l) of subsection (A) commits a

8 Class X felony for which he or she shall be sentenced to a

9 term of imprisonment of not less than 6 years and not more

10 than 40 years if the delivery is of not less than 11 and

11 not more than 20 firearms at the same time or within a

12 3-year period. Any person convicted of unlawful sale or

13 delivery of firearms in violation of paragraph (l) of

14 subsection (A) commits a Class X felony for which he or she

15 shall be sentenced to a term of imprisonment of not less

16 than 6 years and not more than 50 years if the delivery is

17 of not less than 21 and not more than 30 firearms at the

18 same time or within a 4-year period. Any person convicted

19 of unlawful sale or delivery of firearms in violation of

20 paragraph (l) of subsection (A) commits a Class X felony

21 for which he or she shall be sentenced to a term of

22 imprisonment of not less than 6 years and not more than 60

23 years if the delivery is of 31 or more firearms at the same

24 time or within a 5-year period.

25 (D) For purposes of this Section:

26 "School" means a public or private elementary or secondary

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1 school, community college, college, or university.

2 "School related activity" means any sporting, social,

3 academic, or other activity for which students' attendance or

4 participation is sponsored, organized, or funded in whole or

5 in part by a school or school district.

6 (E) A prosecution for a violation of paragraph (k) of

7 subsection (A) of this Section may be commenced within 6 years

8 after the commission of the offense. A prosecution for a

9 violation of this Section other than paragraph (g) of

10 subsection (A) of this Section may be commenced within 5 years

11 after the commission of the offense defined in the particular

12 paragraph.

13 (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;

14 102-813, eff. 5-13-22.)