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Full Text of SB0356  93rd General Assembly

SB0356eng 93rd General Assembly


093_SB0356eng

 
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 1        AN ACT in relation to 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  1961  is amended by
 5    changing Sections 24-3 and 37-1 as follows:

 6        (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
 7        Sec. 24-3. Unlawful Sale of Firearms.
 8        (A)  A person commits the offense  of  unlawful  sale  of
 9    firearms when he or she knowingly does any of the following:
10             (a)  Sells  or gives any firearm of a size which may
11        be concealed upon the person to any person under 18 years
12        of age.
13             (b)  Sells or gives any firearm to a person under 21
14        years of age who has  been  convicted  of  a  misdemeanor
15        other than a traffic offense or adjudged delinquent.
16             (c)  Sells  or  gives  any  firearm  to any narcotic
17        addict.
18             (d)  Sells or gives any firearm to  any  person  who
19        has  been convicted of a felony under the laws of this or
20        any other jurisdiction.
21             (e)  Sells or gives any firearm to  any  person  who
22        has been a patient in a mental hospital within the past 5
23        years.
24             (f)  Sells  or  gives any firearms to any person who
25        is mentally retarded.
26             (g)  Delivers any firearm of a  size  which  may  be
27        concealed  upon the person, incidental to a sale, without
28        withholding delivery of such  firearm  for  at  least  72
29        hours  after  application for its purchase has been made,
30        or  delivers  any  rifle,  shotgun  or  other  long  gun,
31        incidental to a sale,  without  withholding  delivery  of
 
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 1        such  rifle,  shotgun  or  other long gun for at least 24
 2        hours after application for its purchase has  been  made.
 3        However,  this  paragraph  (g) does not apply to: (1) the
 4        sale of a firearm to  a  law  enforcement  officer  or  a
 5        person  who  desires  to  purchase  a  firearm for use in
 6        promoting the public interest  incident  to  his  or  her
 7        employment  as  a bank guard, armed truck guard, or other
 8        similar employment; (2) a mail order sale of a firearm to
 9        a nonresident of Illinois  under  which  the  firearm  is
10        mailed to a point outside the boundaries of Illinois; (3)
11        the  sale of a firearm to a nonresident of Illinois while
12        at  a  firearm  showing  or  display  recognized  by  the
13        Illinois Department of State Police; or (4) the sale of a
14        firearm to a dealer licensed under the  Federal  Firearms
15        Act of the United States.
16             (h)  While   holding   any   license  as  a  dealer,
17        importer, manufacturer or pawnbroker  under  the  federal
18        Gun  Control Act of 1968, manufactures, sells or delivers
19        to any unlicensed  person  a  handgun  having  a  barrel,
20        slide,  frame  or receiver which is a die casting of zinc
21        alloy or any other nonhomogeneous metal which  will  melt
22        or  deform  at  a  temperature  of  less than 800 degrees
23        Fahrenheit. The Department of State Police shall  publish
24        a list of firearms prohibited under this paragraph (h) at
25        least  annually for each federal firearms dealer required
26        to participate in  Section  3.1  of  the  Firearm  Owners
27        Identification  Card Act. For purposes of this paragraph,
28        (1)  "firearm"  is  defined  as  in  the  Firearm  Owners
29        Identification Card Act; and (2) "handgun" is defined  as
30        a  firearm  designed to be held and fired by the use of a
31        single hand, and includes a  combination  of  parts  from
32        which such a firearm can be assembled.
33             (i)  Sells  or  gives  a  firearm of any size to any
34        person under 18 years of age who does not possess a valid
 
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 1        Firearm Owner's Identification Card.
 2        (B)  Paragraph (h) of subsection  (A)  does  not  include
 3    firearms  sold  within 6 months after enactment of Public Act
 4    78-355 (approved August 21, 1973, effective October 1, 1973),
 5    nor is any firearm legally owned or possessed by any  citizen
 6    or  purchased  by  any  citizen  within  6  months  after the
 7    enactment of Public Act 78-355  subject  to  confiscation  or
 8    seizure  under  the provisions of that Public Act. Nothing in
 9    Public Act 78-355 shall be construed to prohibit the gift  or
10    trade  of  any  firearm  if  that firearm was legally held or
11    acquired within 6 months after the enactment of  that  Public
12    Act.
13        (C)  Sentence.
14             (1)  Any   person  convicted  of  unlawful  sale  of
15        firearms in violation of any of  paragraphs  (c)  through
16        (h) of subsection (A) commits a Class 4 felony.
17             (2)  Any   person  convicted  of  unlawful  sale  of
18        firearms  in  violation  of  paragraph  (b)  or  (i)   of
19        subsection (A) commits a Class 3 felony.
20             (3)  Any   person  convicted  of  unlawful  sale  of
21        firearms in violation of paragraph (a) of subsection  (A)
22        commits a Class 2 felony.
23             (4)  Any   person  convicted  of  unlawful  sale  of
24        firearms in violation of paragraph (a), (b),  or  (i)  of
25        subsection  (A)  in  any  school,  on  the  real property
26        comprising a  school,  within  1,000  feet  of  the  real
27        property   comprising  a  school,  at  a  school  related
28        activity, or on or within 1,000 feet  of  any  conveyance
29        owned,  leased,  or  contracted  by  a  school  or school
30        district to transport students to or  from  school  or  a
31        school related activity, regardless of the time of day or
32        time  of year at which the offense was committed, commits
33        a Class 1 felony. Any person convicted  of  a  second  or
34        subsequent  violation  of  unlawful  sale  of firearms in
 
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 1        violation of paragraph (a), (b), or (i) of subsection (A)
 2        in any school, on the real property comprising a  school,
 3        within  1,000  feet  of  the  real  property comprising a
 4        school, at a school related activity,  or  on  or  within
 5        1,000 feet of any conveyance owned, leased, or contracted
 6        by  a  school or school district to transport students to
 7        or from school or a school related  activity,  regardless
 8        of  the  time of day or time of year at which the offense
 9        was committed, commits a Class 1  felony  for  which  the
10        sentence  shall be a term of imprisonment of no less than
11        5 years and no more than 15 years.
12             (5)  Any  person  convicted  of  unlawful  sale   of
13        firearms   in  violation  of  paragraph  (a)  or  (i)  of
14        subsection (A) in residential property  owned,  operated,
15        or  managed  by  a  public  housing agency or leased by a
16        public housing agency as part  of  a  scattered  site  or
17        mixed-income   development,   in  a  public  park,  in  a
18        courthouse, on residential property owned,  operated,  or
19        managed  by a public housing agency or leased by a public
20        housing  agency  as  part  of   a   scattered   site   or
21        mixed-income development, on the real property comprising
22        any  public  park,  on  the  real property comprising any
23        courthouse, or on any public way within 1,000 feet of the
24        real property comprising any public park, courthouse,  or
25        residential  property  owned,  operated,  or managed by a
26        public housing agency  or  leased  by  a  public  housing
27        agency  as  part  of  a  scattered  site  or mixed-income
28        development commits a Class 2 felony.
29        (D)  For purposes of this Section:
30        "School"  means  a  public  or  private   elementary   or
31    secondary school, community college, college, or university.
32        "School  related  activity"  means  any sporting, social,
33    academic, or other activity for which students' attendance or
34    participation is sponsored, organized, or funded in whole  or
 
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 1    in part by a school or school district.
 2    (Source:  P.A.  91-12,  eff.  1-1-00;  91-673, eff. 12-22-99;
 3    91-696, eff. 4-13-00.)

 4        (720 ILCS 5/37-1) (from Ch. 38, par. 37-1)
 5        Sec. 37-1. Maintaining Public Nuisance. Any building used
 6    in the commission of offenses  prohibited  by  Sections  9-1,
 7    10-1,  10-2,  11-14,  11-15,  11-16,  11-17,  11-20, 11-20.1,
 8    11-21,  11-22,  12-5.1,   16-1,   20-2,   23-1,   23-1(a)(1),
 9    24-1(a)(7),  24-3,  28-1, 28-3, 31-5 or 39A-1 of the Criminal
10    Code of  1961,  or  prohibited  by  the  Illinois  Controlled
11    Substances  Act,  or the Cannabis Control Act, or used in the
12    commission of an inchoate offense  relative  to  any  of  the
13    aforesaid  principal  offenses, or any real property erected,
14    established,  maintained,  owned,  leased,  or  used   by   a
15    streetgang  for  the purpose of conducting streetgang related
16    activity as defined in Section 10 of the Illinois  Streetgang
17    Terrorism Omnibus Prevention Act is a public nuisance.
18        (a-5)  A  building  used  in the commission of an offense
19    prohibited by Section 24-3 of this Code may be  abated  as  a
20    public nuisance only if the person using the building for the
21    commission  of  the offense has been convicted of a violation
22    of Section 24-3 and the building was used in  the  commission
23    of  a violation of paragraph (h) of subsection (A) of Section
24    24-3.  A building may be abated as a  public  nuisance  under
25    this  subsection (a-5) only if the Department of State Police
26    has published  a  list  of  firearms  prohibited  under  that
27    paragraph.
28        (b)  Sentence.    A   person   convicted   of   knowingly
29    maintaining  such  a  public  nuisance  commits  a  Class   A
30    misdemeanor.  Each subsequent offense under this Section is a
31    Class 4 felony.
32    (Source: P.A. 91-876, eff. 1-1-01.)
 
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 1        Section 99. Effective date. This Act  takes  effect  upon
 2    becoming law.