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91_HB4050
LRB9109592RCpr
1 AN ACT to amend the Criminal Code of 1961 by changing
2 Section 24-3.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Criminal Code of 1961 is amended by
6 changing Section 24-3 as follows:
7 (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
8 Sec. 24-3. Unlawful Sale of Firearms.
9 (A) A person commits the offense of unlawful sale of
10 firearms when he or she knowingly does any of the following:
11 (a) Sells or gives any firearm of a size which may
12 be concealed upon the person to any person under 18 years
13 of age.; or
14 (b) Sells or gives any firearm to a person under 21
15 years of age who has been convicted of a misdemeanor
16 other than a traffic offense or adjudged delinquent.; or
17 (c) Sells or gives any firearm to any narcotic
18 addict.; or
19 (d) Sells or gives any firearm to any person who
20 has been convicted of a felony under the laws of this or
21 any other jurisdiction.; or
22 (e) Sells or gives any firearm to any person who
23 has been a patient in a mental hospital within the past 5
24 years.; or
25 (f) Sells or gives any firearms to any person who
26 is mentally retarded.; or
27 (g) Delivers any firearm of a size which may be
28 concealed upon the person, incidental to a sale, without
29 withholding delivery of such firearm for at least 72
30 hours after application for its purchase has been made,
31 or delivers any rifle, shotgun or other long gun,
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1 incidental to a sale, without withholding delivery of
2 such rifle, shotgun or other long gun for at least 24
3 hours after application for its purchase has been made.
4 However, this paragraph (g) does shall not apply to: (1)
5 the sale of a firearm to a law enforcement officer or a
6 person who desires to purchase a firearm for use in
7 promoting the public interest incident to his or her
8 employment as a bank guard, armed truck guard, or other
9 similar employment; or (2) a mail order sale of a firearm
10 to a nonresident of Illinois under which the firearm is
11 mailed to a point outside the boundaries of Illinois; or
12 (3) the sale of a firearm to a nonresident of Illinois
13 while at a firearm showing or display recognized by the
14 Illinois Department of State Police; or (4) the sale of a
15 firearm to a dealer licensed as a federal firearms dealer
16 under Section 923 of the federal Gun Control Act of 1968
17 (18 U.S.C. 923) under the Federal Firearms Act of the
18 United States.; or
19 (h) While holding any license as a federal firearms
20 dealer under Section 923 of the federal Gun Control Act
21 of 1968 (18 U.S.C. 923) under the federal "Gun Control
22 Act of 1968", as amended, as a dealer, importer,
23 manufacturer or pawnbroker under the federal Gun Control
24 Act of 1968,; manufactures, sells or delivers to any
25 unlicensed person a handgun having a barrel, slide, frame
26 or receiver which is a die casting of zinc alloy or any
27 other nonhomogeneous metal which will melt or deform at a
28 temperature of less than 800 degrees Fahrenheit. For
29 purposes of this paragraph, (1) "firearm" is defined as
30 in the Firearm Owners Identification Card Act "An Act
31 relating to the acquisition, possession and transfer of
32 firearms and firearm ammunition, to provide a penalty for
33 the violation thereof and to make an appropriation in
34 connection therewith", approved August 3, 1967, as
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1 amended; and (2) "handgun" is defined as a firearm
2 designed to be held and fired by the use of a single
3 hand, and includes a combination of parts from which such
4 a firearm can be assembled.; or
5 (i) Sells or gives a firearm of any size to any
6 person under 18 years of age who does not possess a valid
7 Firearm Owner's Identification Card.
8 (j) Sells or gives a firearm while engaged in the
9 business of selling firearms at wholesale or retail
10 without being licensed as a federal firearms dealer under
11 Section 923 of the federal Gun Control Act of 1968 (18
12 U.S.C. 923). In this paragraph (j):
13 A person "engaged in the business" means a person
14 who devotes time, attention, and labor to engaging in the
15 activity as a regular course of trade or business with
16 the principal objective of livelihood and profit, but
17 does not include a person who makes occasional repairs of
18 firearms or who occasionally fits special barrels,
19 stocks, or trigger mechanisms to firearms.
20 "With the principal objective of livelihood and
21 profit" means that the intent underlying the sale or
22 disposition of firearms is predominantly one of obtaining
23 livelihood and pecuniary gain, as opposed to other
24 intents, such as improving or liquidating a personal
25 firearms collection; however, proof of profit shall not
26 be required as to a person who engages in the regular and
27 repetitive purchase and disposition of firearms for
28 criminal purposes or terrorism.
29 (B) (j) Paragraph (h) of subsection (A) does this
30 Section shall not include firearms sold within 6 months after
31 enactment of Public Act 78-355 (approved August 21, 1973,
32 effective October 1, 1973) this amendatory Act of 1973, nor
33 is shall any firearm legally owned or possessed by any
34 citizen or purchased by any citizen within 6 months after the
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1 enactment of Public Act 78-355 this amendatory Act of 1973 be
2 subject to confiscation or seizure under the provisions of
3 that Public this amendatory Act of 1973. Nothing in Public
4 Act 78-355 this amendatory Act of 1973 shall be construed to
5 prohibit the gift or trade of any firearm if that firearm was
6 legally held or acquired within 6 months after the enactment
7 of that Public this amendatory Act of 1973.
8 (C) (k) Sentence.
9 (1) Any person convicted of unlawful sale of
10 firearms in violation of any of paragraphs (c) through
11 (h) or (j) of subsection (A) commits a Class 4 felony.
12 (2) Any person convicted of unlawful sale of
13 firearms in violation of paragraph (b) or (i) of
14 subsection (A) commits a Class 3 felony.
15 (3) Any person convicted of unlawful sale of
16 firearms in violation of paragraph (a) of subsection (A)
17 commits a Class 2 felony.
18 (4) Any person convicted of unlawful sale 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
27 time of year at which that the offense was committed,
28 commits a Class 1 felony. Any person convicted of a
29 second or subsequent violation of unlawful sale of
30 firearms in violation of paragraph (a), (b), or (i) of
31 subsection (A) in any school, on the real property
32 comprising a school, within 1,000 feet of the real
33 property comprising a school, at a school related
34 activity, or on or within 1,000 feet of any conveyance
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1 owned, leased, or contracted by a school or school
2 district to transport students to or from school or a
3 school related activity, regardless of the time of day or
4 time of year at which that the offense was committed,
5 commits a Class 1 felony for which the sentence shall be
6 a term of imprisonment of no less than 5 years and no
7 more than 15 years.
8 (5) Any person convicted of unlawful sale of
9 firearms in violation of paragraph (a) or (i) of
10 subsection (A) in residential property owned, operated,
11 or managed by a public housing agency, in a public park,
12 in a courthouse, on residential property owned, operated,
13 or managed by a public housing agency, on the real
14 property comprising any public park, on the real property
15 comprising any courthouse, or on any public way within
16 1,000 feet of the real property comprising any public
17 park, courthouse, or residential property owned,
18 operated, or managed by a public housing agency commits a
19 Class 2 felony.
20 (D) (6) For purposes of this Section:
21 "School" means a public or private elementary or
22 secondary school, community college, college, or university.
23 "School related activity" means any sporting, social,
24 academic, or other activity for which students' attendance or
25 participation is sponsored, organized, or funded in whole or
26 in part by a school or school district.
27 (E) No unit of local government, including a home rule
28 unit, may regulate the purchase or sale of firearms in a
29 manner inconsistent with this Section. This Section is a
30 limitation under subsection (i) of Section 6 of Article VII
31 of the Illinois Constitution on the concurrent exercise by
32 home rule units of powers and functions exercised by the
33 State.
34 (Source: P.A. 91-12, eff. 1-1-00; revised 8-18-99.)