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92_SB0395 LRB9207264ARsb 1 AN ACT concerning firearms. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Firearm Owners Identification Card Act is 5 amended by changing Section 3 as follows: 6 (430 ILCS 65/3) (from Ch. 38, par. 83-3) 7 Sec. 3. (a) Except as provided in Section 3a, no person 8 within this State may knowingly transfer, or cause to be 9 transferred, any firearm or any firearm ammunition to any 10 person within this State unless the transferee with whom he 11 deals displays a currently valid Firearm Owner's 12 Identification Card which has previously been issued in his 13 name by the Department of State Police under the provisions 14 of this Act. In addition, all firearm transfers by federally 15 licensed firearm dealers are subject to Section 3.1. Even if 16 the transferee displays a valid Firearm Owner's 17 Identification Card, no person may knowingly transfer or 18 cause to be transferred, any firearm or firearm ammunition at 19 a time when he or she knows, or reasonably should know, that 20 the transferee is an intoxicated person. For the purposes of 21 this subsection, "intoxicated person" has the meaning 22 ascribed to it by Section 1-10 of the Alcoholism and Other 23 Drug Abuse and Dependency Act. 24 (b) Any person within this State who transfers or causes 25 to be transferred any firearm shall keep a record of such 26 transfer for a period of 10 years from the date of transfer. 27 Such record shall contain the date of the transfer; the 28 description, serial number or other information identifying 29 the firearm if no serial number is available; and, if the 30 transfer was completed within this State, the transferee's 31 Firearm Owner's Identification Card number. On demand of a -2- LRB9207264ARsb 1 peace officer such transferor shall produce for inspection 2 such record of transfer. 3 (c) The provisions of this Section regarding the 4 transfer of firearm ammunition shall not apply to those 5 persons specified in paragraph (b) of Section 2 of this Act. 6 (Source: P.A. 87-299.) 7 Section 10. The Criminal Code of 1961 is amended by 8 changing Section 24-3 as follows: 9 (720 ILCS 5/24-3) (from Ch. 38, par. 24-3) 10 Sec. 24-3. Unlawful Sale of Firearms. 11 (A) A person commits the offense of unlawful sale of 12 firearms when he or she knowingly does any of the following: 13 (a) Sells or gives any firearm of a size which may 14 be concealed upon the person to any person under 18 years 15 of age. 16 (b) Sells or gives any firearm to a person under 21 17 years of age who has been convicted of a misdemeanor 18 other than a traffic offense or adjudged delinquent. 19 (c) Sells or gives any firearm to any narcotic 20 addict. 21 (d) Sells or gives any firearm to any person who 22 has been convicted of a felony under the laws of this or 23 any other jurisdiction. 24 (e) Sells or gives any firearm to any person who 25 has been a patient in a mental hospital within the past 5 26 years. 27 (f) Sells or gives any firearms to any person who 28 is mentally retarded. 29 (g) Delivers any firearm of a size which may be 30 concealed upon the person, incidental to a sale, without 31 withholding delivery of such firearm for at least 72 32 hours after application for its purchase has been made, -3- LRB9207264ARsb 1 or delivers any rifle, shotgun or other long gun, 2 incidental to a sale, without withholding delivery of 3 such rifle, shotgun or other long gun for at least 24 4 hours after application for its purchase has been made. 5 However, this paragraph (g) does not apply to: (1) the 6 sale of a firearm to a law enforcement officer or a 7 person who desires to purchase a firearm for use in 8 promoting the public interest incident to his or her 9 employment as a bank guard, armed truck guard, or other 10 similar employment; (2) a mail order sale of a firearm to 11 a nonresident of Illinois under which the firearm is 12 mailed to a point outside the boundaries of Illinois; (3) 13 the sale of a firearm to a nonresident of Illinois while 14 at a firearm showing or display recognized by the 15 Illinois Department of State Police; or (4) the sale of a 16 firearm to a dealer licensed under the Federal Firearms 17 Act of the United States. 18 (h) While holding any license as a dealer, 19 importer, manufacturer or pawnbroker under the federal 20 Gun Control Act of 1968, manufactures, sells or delivers 21 to any unlicensed person a handgun having a barrel, 22 slide, frame or receiver which is a die casting of zinc 23 alloy or any other nonhomogeneous metal which will melt 24 or deform at a temperature of less than 800 degrees 25 Fahrenheit. For purposes of this paragraph, (1) 26 "firearm" is defined as in the Firearm Owners 27 Identification Card Act; and (2) "handgun" is defined as 28 a firearm designed to be held and fired by the use of a 29 single hand, and includes a combination of parts from 30 which such a firearm can be assembled. 31 (i) Sells or gives a firearm of any size to any 32 person under 18 years of age who does not possess a valid 33 Firearm Owner's Identification Card. 34 (j) Sells or gives any firearms to a person when he -4- LRB9207264ARsb 1 or she knows or reasonably should know, at the time of 2 the sale or gift, that the person is an intoxicated 3 person. 4 (B) Paragraph (h) of subsection (A) does not include 5 firearms sold within 6 months after enactment of Public Act 6 78-355 (approved August 21, 1973, effective October 1, 1973), 7 nor is any firearm legally owned or possessed by any citizen 8 or purchased by any citizen within 6 months after the 9 enactment of Public Act 78-355 subject to confiscation or 10 seizure under the provisions of that Public Act. Nothing in 11 Public Act 78-355 shall be construed to prohibit the gift or 12 trade of any firearm if that firearm was legally held or 13 acquired within 6 months after the enactment of that Public 14 Act. 15 (C) Sentence. 16 (1) Any person convicted of unlawful sale of 17 firearms in violation of any of paragraphs (c), (d), (e), 18 (f), (g),
through(h), or (j) of subsection (A) commits a 19 Class 4 felony. 20 (2) Any person convicted of unlawful sale of 21 firearms in violation of paragraph (b) or (i) of 22 subsection (A) commits a Class 3 felony. 23 (3) Any person convicted of unlawful sale of 24 firearms in violation of paragraph (a) of subsection (A) 25 commits a Class 2 felony. 26 (4) Any person convicted of unlawful sale of 27 firearms in violation of paragraph (a), (b), or (i) of 28 subsection (A) in any school, on the real property 29 comprising a school, within 1,000 feet of the real 30 property comprising a school, at a school related 31 activity, or on or within 1,000 feet of any conveyance 32 owned, leased, or contracted by a school or school 33 district to transport students to or from school or a 34 school related activity, regardless of the time of day or -5- LRB9207264ARsb 1 time of year at which the offense was committed, commits 2 a Class 1 felony. Any person convicted of a second or 3 subsequent violation of unlawful sale of firearms in 4 violation of paragraph (a), (b), or (i) of subsection (A) 5 in any school, on the real property comprising a school, 6 within 1,000 feet of the real property comprising a 7 school, at a school related activity, or on or within 8 1,000 feet of any conveyance owned, leased, or contracted 9 by a school or school district to transport students to 10 or from school or a school related activity, regardless 11 of the time of day or time of year at which the offense 12 was committed, commits a Class 1 felony for which the 13 sentence shall be a term of imprisonment of no less than 14 5 years and no more than 15 years. 15 (5) Any person convicted of unlawful sale of 16 firearms in violation of paragraph (a) or (i) of 17 subsection (A) in residential property owned, operated, 18 or managed by a public housing agency or leased by a 19 public housing agency as part of a scattered site or 20 mixed-income development, in a public park, in a 21 courthouse, on residential property owned, operated, or 22 managed by a public housing agency or leased by a public 23 housing agency as part of a scattered site or 24 mixed-income development, on the real property comprising 25 any public park, on the real property comprising any 26 courthouse, or on any public way within 1,000 feet of the 27 real property comprising any public park, courthouse, or 28 residential property owned, operated, or managed by a 29 public housing agency or leased by a public housing 30 agency as part of a scattered site or mixed-income 31 development commits a Class 2 felony. 32 (D) For purposes of this Section: 33 "Intoxicated person" means a person whose mental or 34 physical functioning is substantially impaired as a result of -6- LRB9207264ARsb 1 the current effects of alcohol or other drugs within the 2 body. 3 "School" means a public or private elementary or 4 secondary school, community college, college, or university. 5 "School related activity" means any sporting, social, 6 academic, or other activity for which students' attendance or 7 participation is sponsored, organized, or funded in whole or 8 in part by a school or school district. 9 (Source: P.A. 91-12, eff. 1-1-00; 91-673, eff. 12-22-99; 10 91-696, eff. 4-13-00.) 11 Section 99. Effective date. This Act takes effect upon 12 becoming law.
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