98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB1027

 

Introduced , by Rep. David Reis

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/24-3  from Ch. 38, par. 24-3

    Amends the Criminal Code of 2012. Provides that the waiting period for withholding delivery of a firearm after application for its purchase has been made does not apply to the transfer of an operable firearm in exchange for another operable firearm. Effective immediately.


LRB098 05495 RLC 35530 b

 

 

A BILL FOR

 

HB1027LRB098 05495 RLC 35530 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 Criminal Code of 2012 is amended by changing
5Section 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
9delivery of firearms when he or she knowingly does any of the
10following:
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 hospital within the past 5
23    years.

 

 

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1        (f) Sells or gives any firearms to any person who is
2    intellectually disabled.
3        (g) Delivers any firearm of a size which may be
4    concealed upon the person, incidental to a sale, without
5    withholding delivery of such firearm for at least 72 hours
6    after application for its purchase has been made, or
7    delivers any rifle, shotgun or other long gun, or a stun
8    gun or taser, incidental to a sale, without withholding
9    delivery of such rifle, shotgun or other long gun, or a
10    stun gun or taser for at least 24 hours after application
11    for its purchase has been made. However, this paragraph (g)
12    does not apply to: (1) the sale of a firearm to a law
13    enforcement officer if the seller of the firearm knows that
14    the person to whom he or she is selling the firearm is a
15    law enforcement officer or the sale of a firearm to a
16    person who desires to purchase a firearm for use in
17    promoting the public interest incident to his or her
18    employment as a bank guard, armed truck guard, or other
19    similar employment; (2) a mail order sale of a firearm to a
20    nonresident of Illinois under which the firearm is mailed
21    to a point outside the boundaries of Illinois; (3) the sale
22    of a firearm to a nonresident of Illinois while at a
23    firearm showing or display recognized by the Illinois
24    Department of State Police; or (4) the sale of a firearm to
25    a dealer licensed as a federal firearms dealer under
26    Section 923 of the federal Gun Control Act of 1968 (18

 

 

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1    U.S.C. 923); or (5) the transfer of an operable firearm in
2    exchange for another operable firearm. For purposes of this
3    paragraph (g): , "application" means when the buyer and
4    seller reach an agreement to purchase a firearm; and
5    "another operable firearm" means any operable handgun in
6    exchange for any operable handgun or any operable long gun
7    in exchange for any operable long gun.
8        (h) While holding any license as a dealer, importer,
9    manufacturer or pawnbroker under the federal Gun Control
10    Act of 1968, manufactures, sells or delivers to any
11    unlicensed person a handgun having a barrel, slide, frame
12    or receiver which is a die casting of zinc alloy or any
13    other nonhomogeneous metal which will melt or deform at a
14    temperature of less than 800 degrees Fahrenheit. For
15    purposes of this paragraph, (1) "firearm" is defined as in
16    the Firearm Owners Identification Card Act; and (2)
17    "handgun" is defined as a firearm designed to be held and
18    fired by the use of a single hand, and includes a
19    combination of parts from which such a firearm can be
20    assembled.
21        (i) Sells or gives a firearm of any size to any person
22    under 18 years of age who does not possess a valid Firearm
23    Owner's Identification Card.
24        (j) Sells or gives a firearm while engaged in the
25    business of selling firearms at wholesale or retail without
26    being licensed as a federal firearms dealer under Section

 

 

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1    923 of the federal Gun Control Act of 1968 (18 U.S.C. 923).
2    In this paragraph (j):
3        A person "engaged in the business" means a person who
4    devotes time, attention, and labor to engaging in the
5    activity as a regular course of trade or business with the
6    principal objective of livelihood and profit, but does not
7    include a person who makes occasional repairs of firearms
8    or who occasionally fits special barrels, stocks, or
9    trigger mechanisms to firearms.
10        "With the principal objective of livelihood and
11    profit" means that the intent underlying the sale or
12    disposition of firearms is predominantly one of obtaining
13    livelihood and pecuniary gain, as opposed to other intents,
14    such as improving or liquidating a personal firearms
15    collection; however, proof of profit shall not be required
16    as to a person who engages in the regular and repetitive
17    purchase and disposition of firearms for criminal purposes
18    or terrorism.
19        (k) Sells or transfers ownership of a firearm to a
20    person who does not display to the seller or transferor of
21    the firearm a currently valid Firearm Owner's
22    Identification Card that has previously been issued in the
23    transferee's name by the Department of State Police under
24    the provisions of the Firearm Owners Identification Card
25    Act. This paragraph (k) does not apply to the transfer of a
26    firearm to a person who is exempt from the requirement of

 

 

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1    possessing a Firearm Owner's Identification Card under
2    Section 2 of the Firearm Owners Identification Card Act.
3    For the purposes of this Section, a currently valid Firearm
4    Owner's Identification Card means (i) a Firearm Owner's
5    Identification Card that has not expired or (ii) if the
6    transferor is licensed as a federal firearms dealer under
7    Section 923 of the federal Gun Control Act of 1968 (18
8    U.S.C. 923), an approval number issued in accordance with
9    Section 3.1 of the Firearm Owners Identification Card Act
10    shall be proof that the Firearm Owner's Identification Card
11    was valid.
12        (l) Not being entitled to the possession of a firearm,
13    delivers the firearm, knowing it to have been stolen or
14    converted. It may be inferred that a person who possesses a
15    firearm with knowledge that its serial number has been
16    removed or altered has knowledge that the firearm is stolen
17    or converted.
18    (B) Paragraph (h) of subsection (A) does not include
19firearms sold within 6 months after enactment of Public Act
2078-355 (approved August 21, 1973, effective October 1, 1973),
21nor is any firearm legally owned or possessed by any citizen or
22purchased by any citizen within 6 months after the enactment of
23Public Act 78-355 subject to confiscation or seizure under the
24provisions of that Public Act. Nothing in Public Act 78-355
25shall be construed to prohibit the gift or trade of any firearm
26if that firearm was legally held or acquired within 6 months

 

 

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1after the enactment of that Public Act.
2    (C) Sentence.
3        (1) Any person convicted of unlawful sale or delivery
4    of firearms in violation of paragraph (c), (e), (f), (g),
5    or (h) of subsection (A) commits a Class 4 felony.
6        (2) Any person convicted of unlawful sale or delivery
7    of firearms in violation of paragraph (b) or (i) of
8    subsection (A) commits a Class 3 felony.
9        (3) Any person convicted of unlawful sale or delivery
10    of firearms in violation of paragraph (a) of subsection (A)
11    commits a Class 2 felony.
12        (4) Any person convicted of unlawful sale or delivery
13    of firearms in violation of paragraph (a), (b), or (i) of
14    subsection (A) in any school, on the real property
15    comprising a school, within 1,000 feet of the real property
16    comprising a school, at a school related activity, or on or
17    within 1,000 feet of any conveyance owned, leased, or
18    contracted by a school or school district to transport
19    students to or from school or a school related activity,
20    regardless of the time of day or time of year at which the
21    offense was committed, commits a Class 1 felony. Any person
22    convicted of a second or subsequent violation of unlawful
23    sale or delivery of firearms in violation of paragraph (a),
24    (b), or (i) of subsection (A) in any school, on the real
25    property comprising a school, within 1,000 feet of the real
26    property comprising a school, at a school related activity,

 

 

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1    or on or within 1,000 feet of any conveyance owned, leased,
2    or contracted by a school or school district to transport
3    students to or from school or a school related activity,
4    regardless of the time of day or time of year at which the
5    offense was committed, commits a Class 1 felony for which
6    the sentence shall be a term of imprisonment of no less
7    than 5 years and no more than 15 years.
8        (5) Any person convicted of unlawful sale or delivery
9    of firearms in violation of paragraph (a) or (i) of
10    subsection (A) in residential property owned, operated, or
11    managed by a public housing agency or leased by a public
12    housing agency as part of a scattered site or mixed-income
13    development, in a public park, in a courthouse, on
14    residential property owned, operated, or managed by a
15    public housing agency or leased by a public housing agency
16    as part of a scattered site or mixed-income development, on
17    the real property comprising any public park, on the real
18    property comprising any courthouse, or on any public way
19    within 1,000 feet of the real property comprising any
20    public park, courthouse, or residential property owned,
21    operated, or managed by a public housing agency or leased
22    by a public housing agency as part of a scattered site or
23    mixed-income development commits a Class 2 felony.
24        (6) Any person convicted of unlawful sale or delivery
25    of firearms in violation of paragraph (j) of subsection (A)
26    commits a Class A misdemeanor. A second or subsequent

 

 

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

 

 

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1    sale or delivery of firearms in violation of paragraph (l)
2    of subsection (A) commits a Class X felony for which he or
3    she shall be sentenced to a term of imprisonment of not
4    less than 6 years and not more than 30 years if the
5    delivery is of not less than 6 and not more than 10
6    firearms at the same time or within a 2 year period. Any
7    person convicted of unlawful sale or delivery of firearms
8    in violation of paragraph (l) of subsection (A) commits a
9    Class X felony for which he or she shall be sentenced to a
10    term of imprisonment of not less than 6 years and not more
11    than 40 years if the delivery is of not less than 11 and
12    not more than 20 firearms at the same time or within a 3
13    year period. Any person convicted of unlawful sale or
14    delivery of firearms in violation of paragraph (l) of
15    subsection (A) commits a Class X felony for which he or she
16    shall be sentenced to a term of imprisonment of not less
17    than 6 years and not more than 50 years if the delivery is
18    of not less than 21 and not more than 30 firearms at the
19    same time or within a 4 year period. Any person convicted
20    of unlawful sale or delivery of firearms in violation of
21    paragraph (l) of subsection (A) commits a Class X felony
22    for which he or she shall be sentenced to a term of
23    imprisonment of not less than 6 years and not more than 60
24    years if the delivery is of 31 or more firearms at the same
25    time or within a 5 year period.
26    (D) For purposes of this Section:

 

 

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1    "School" means a public or private elementary or secondary
2school, community college, college, or university.
3    "School related activity" means any sporting, social,
4academic, or other activity for which students' attendance or
5participation is sponsored, organized, or funded in whole or in
6part by a school or school district.
7    (E) A prosecution for a violation of paragraph (k) of
8subsection (A) of this Section may be commenced within 6 years
9after the commission of the offense. A prosecution for a
10violation of this Section other than paragraph (g) of
11subsection (A) of this Section may be commenced within 5 years
12after the commission of the offense defined in the particular
13paragraph.
14(Source: P.A. 96-190, eff. 1-1-10; 97-227, eff. 1-1-12; 97-347,
15eff. 1-1-12; 97-813, eff. 7-13-12.)
 
16    Section 99. Effective date. This Act takes effect upon
17becoming law.