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91_HB1195sam001
LRB9103698WHdvam01
1 AMENDMENT TO HOUSE BILL 1195
2 AMENDMENT NO. . Amend House Bill 1195 on page 1,
3 lines 2 and 6 by changing "Section 24-1.2" each time it
4 appears to "Sections 24-1.2 and 24-3"; and
5 on page 4, by inserting after line 4 the following:
6 "(720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
7 Sec. 24-3. Unlawful Sale of Firearms. A person commits
8 the offense of unlawful sale of firearms when he knowingly:
9 (a) Sells or gives any firearm of a size which may be
10 concealed upon the person to any person under 18 years of
11 age; or
12 (b) Sells or gives any firearm to a person under 21
13 years of age who has been convicted of a misdemeanor other
14 than a traffic offense or adjudged delinquent; or
15 (c) Sells or gives any firearm to any narcotic addict;
16 or
17 (d) Sells or gives any firearm to any person who has
18 been convicted of a felony under the laws of this or any
19 other jurisdiction; or
20 (e) Sells or gives any firearm to any person who has
21 been a patient in a mental hospital within the past 5 years;
22 or
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1 (f) Sells or gives any firearms to any person who is
2 mentally retarded; or
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 delivers
7 any rifle, shotgun or other long gun, incidental to a sale,
8 without withholding delivery of such rifle, shotgun or other
9 long gun for at least 24 hours after application for its
10 purchase has been made. However, this paragraph shall not
11 apply to: (1) the sale of a firearm to a law enforcement
12 officer or a person who desires to purchase a firearm for use
13 in promoting the public interest incident to his employment
14 as a bank guard, armed truck guard, or other similar
15 employment; or (2) a mail order sale of a firearm to a
16 nonresident of Illinois under which the firearm is mailed to
17 a point outside the boundaries of Illinois; or (3) the sale
18 of a firearm to a nonresident of Illinois while at a firearm
19 showing or display recognized by the Illinois Department of
20 State Police; or (4) the sale of a firearm to a dealer
21 licensed under the Federal Firearms Act of the United States;
22 or
23 (h) While holding any license under the Federal "Gun
24 Control Act of 1968", as amended, as a dealer, importer,
25 manufacturer or pawnbroker; manufactures, sells or delivers
26 to any unlicensed person a handgun having a barrel, slide,
27 frame or receiver which is a die casting of zinc alloy or any
28 other nonhomogeneous metal which will melt or deform at a
29 temperature of less than 800 degrees Fahrenheit. For purposes
30 of this paragraph, (1) "firearm" is defined as in "An Act
31 relating to the acquisition, possession and transfer of
32 firearms and firearm ammunition, to provide a penalty for the
33 violation thereof and to make an appropriation in connection
34 therewith", approved August 3, 1967, as amended; (2)
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1 "handgun" is defined as a firearm designed to be held and
2 fired by the use of a single hand, and includes a combination
3 of parts from which a firearm can be assembled; or
4 (i) Sells or gives a firearm of any size to any person
5 under 18 years of age who does not possess a valid Firearm
6 Owner's Identification Card.
7 (j) Paragraph (h) of this Section shall not include
8 firearms sold within 6 months after enactment of this
9 amendatory Act of 1973, nor shall any firearm legally owned
10 or possessed by any citizen or purchased by any citizen
11 within 6 months after the enactment of this amendatory Act of
12 1973 be subject to confiscation or seizure under the
13 provisions of this amendatory Act of 1973. Nothing in this
14 amendatory Act of 1973 shall be construed to prohibit the
15 gift or trade of any firearm if that firearm was legally held
16 or acquired within 6 months after the enactment of this
17 amendatory Act of 1973.
18 (k) Sentence.
19 (1) Any person convicted of unlawful sale of
20 firearms in violation of paragraphs (c) (b) through (h)
21 commits a Class 4 felony.
22 (2) Any person convicted of unlawful sale of
23 firearms in violation of paragraph (b) or (i) commits a
24 Class 3 felony.
25 (3) Any person convicted of unlawful sale of
26 firearms in violation of paragraph (a) or (i) commits a
27 Class 2 3 felony.
28 (4) Any person convicted of unlawful sale of
29 firearms in violation of paragraph (a), (b), or (i) in
30 any school, on the real property comprising a school,
31 within 1,000 feet of the real property comprising a
32 school, at a school related activity, or on or within
33 1,000 feet of any conveyance owned, leased, or contracted
34 by a school or school district to transport students to
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1 or from school or a school related activity regardless of
2 the time of day or time of year that the offense was
3 committed commits a Class 1 felony. Any person convicted
4 of a second or subsequent violation of unlawful sale of
5 firearms in violation of paragraph (a), (b), or (i) in
6 any school, on the real property comprising a school,
7 within 1,000 feet of the real property comprising a
8 school, at a school related activity, or on or within
9 1,000 feet of any conveyance owned, leased, or contracted
10 by a school or school district to transport students to
11 or from school or a school related activity regardless of
12 the time of day or time of year that the offense was
13 committed commits a Class 1 felony for which the sentence
14 shall be a term of imprisonment of no less than 5 years
15 and no more than 15 years.
16 (5) Any person convicted of unlawful sale of
17 firearms in violation of paragraph (a) or (i) in any
18 school, regardless of the time of day or the time of
19 year, in residential property owned, operated, or and
20 managed by a public housing agency, in a public park, in
21 a courthouse, on the real property comprising any school,
22 regardless of the time of day or the time of year, on
23 residential property owned, operated, or and managed by a
24 public housing agency, on the real property comprising
25 any public park, on the real property comprising any
26 courthouse, in any conveyance owned, leased, or
27 contracted by a school to transport students to or from
28 school or a school related activity, or on any public way
29 within 1,000 feet of the real property comprising any
30 school, public park, courthouse, or residential property
31 owned, operated, or and managed by a public housing
32 agency commits a Class 2 felony.
33 (6) For purposes of this Section:
34 "School" means a public or private elementary
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1 or secondary school, community college, college, or
2 university.
3 "School related activity" means any sporting,
4 social, academic, or other activity for which
5 students' attendance or participation is sponsored,
6 organized, or funded in whole or in part by a school
7 or school district.
8 (Source: P.A. 88-680, eff. 1-1-95.)".