96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB0171

 

Introduced 01/14/09, by Rep. David Reis

 

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

    Amends the Criminal Code of 1961. 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.


LRB096 04398 RLC 14448 b

 

 

A BILL FOR

 

HB0171 LRB096 04398 RLC 14448 b

1     AN ACT concerning 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 changing
5 Section 24-3 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 be
11     concealed upon the person to any person under 18 years of
12     age.
13         (b) Sells or gives any firearm to a person under 21
14     years of age who has been convicted of a misdemeanor other
15     than a traffic offense or adjudged delinquent.
16         (c) Sells or gives any firearm to any narcotic addict.
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.
20         (e) Sells or gives any firearm to any person who has
21     been a patient in a mental hospital within the past 5
22     years.
23         (f) Sells or gives any firearms to any person who is

 

 

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

 

 

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

 

 

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

 

 

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1     Identification Card that has not expired or (ii) if the
2     transferor is licensed as a federal firearms dealer under
3     Section 923 of the federal Gun Control Act of 1968 (18
4     U.S.C. 923), an approval number issued in accordance with
5     Section 3.1 of the Firearm Owners Identification Card Act
6     shall be proof that the Firearm Owner's Identification Card
7     was valid.
8     (B) Paragraph (h) of subsection (A) does not include
9 firearms sold within 6 months after enactment of Public Act
10 78-355 (approved August 21, 1973, effective October 1, 1973),
11 nor is any firearm legally owned or possessed by any citizen or
12 purchased by any citizen within 6 months after the enactment of
13 Public Act 78-355 subject to confiscation or seizure under the
14 provisions of that Public Act. Nothing in Public Act 78-355
15 shall be construed to prohibit the gift or trade of any firearm
16 if that firearm was legally held or acquired within 6 months
17 after the enactment of that Public Act.
18     (C) Sentence.
19         (1) Any person convicted of unlawful sale of firearms
20     in violation of any of paragraphs (c) through (h) of
21     subsection (A) commits a Class 4 felony.
22         (2) Any person convicted of unlawful sale of firearms
23     in violation of paragraph (b) or (i) of subsection (A)
24     commits a Class 3 felony.
25         (3) Any person convicted of unlawful sale of firearms
26     in violation of paragraph (a) of subsection (A) commits a

 

 

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

 

 

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1     public housing agency or leased by a public housing agency
2     as part of a scattered site or mixed-income development, in
3     a public park, in a courthouse, on residential property
4     owned, operated, or managed by a public housing agency or
5     leased by a public housing agency as part of a scattered
6     site or mixed-income development, on the real property
7     comprising any public park, on the real property comprising
8     any courthouse, or on any public way within 1,000 feet of
9     the real property comprising any public park, courthouse,
10     or residential property owned, operated, or managed by a
11     public housing agency or leased by a public housing agency
12     as part of a scattered site or mixed-income development
13     commits a Class 2 felony.
14         (6) Any person convicted of unlawful sale of firearms
15     in violation of paragraph (j) of subsection (A) commits a
16     Class A misdemeanor. A second or subsequent violation is a
17     Class 4 felony.
18         (7) Any person convicted of unlawful sale of firearms
19     in violation of paragraph (k) of subsection (A) commits a
20     Class 4 felony. A third or subsequent conviction for a
21     violation of paragraph (k) of subsection (A) is a Class 1
22     felony.
23         (8) A person 18 years of age or older convicted of
24     unlawful sale of firearms in violation of paragraph (a) or
25     (i) of subsection (A), when the firearm that was sold or
26     given to another person under 18 years of age was used in

 

 

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1     the commission of or attempt to commit a forcible felony,
2     shall be fined or imprisoned, or both, not to exceed the
3     maximum provided for the most serious forcible felony so
4     committed or attempted by the person under 18 years of age
5     who was sold or given the firearm.
6     (D) For purposes of this Section:
7     "School" means a public or private elementary or secondary
8 school, community college, college, or university.
9     "School related activity" means any sporting, social,
10 academic, or other activity for which students' attendance or
11 participation is sponsored, organized, or funded in whole or in
12 part by a school or school district.
13     (E) A prosecution for a violation of paragraph (k) of
14 subsection (A) of this Section may be commenced within 6 years
15 after the commission of the offense. A prosecution for a
16 violation of this Section other than paragraph (g) of
17 subsection (A) of this Section may be commenced within 5 years
18 after the commission of the offense defined in the particular
19 paragraph.
20 (Source: P.A. 94-6, eff. 1-1-06; 94-284, eff. 7-21-05; 95-331,
21 eff. 8-21-07; 95-735, eff. 7-16-08.)
 
22     Section 99. Effective date. This Act takes effect upon
23 becoming law.