97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB3601

 

Introduced 2/24/2011, by Rep. Harry Osterman

 

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

    Amends the Criminal Code of 1961. Provides that it is a Class 1 felony to sell or give a firearm to a person whom the seller or giver knows is a street gang member. Effective immediately.


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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB3601LRB097 08532 RLC 48659 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 1961 is amended by changing
5Section 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
9firearms 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). For purposes of this paragraph (g),

 

 

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

 

 

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

 

 

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1    transferor is licensed as a federal firearms dealer under
2    Section 923 of the federal Gun Control Act of 1968 (18
3    U.S.C. 923), an approval number issued in accordance with
4    Section 3.1 of the Firearm Owners Identification Card Act
5    shall be proof that the Firearm Owner's Identification Card
6    was valid.
7        (l) Sells or gives any firearm to any person whom the
8    seller or giver knows is a street gang member. For purposes
9    to this paragraph (l), "street gang member" has the meaning
10    ascribed to the term "street gang member" in Section 10 of
11    the Illinois Streetgang Terrorism Omnibus Prevention Act.
12    (B) Paragraph (h) of subsection (A) does not include
13firearms sold within 6 months after enactment of Public Act
1478-355 (approved August 21, 1973, effective October 1, 1973),
15nor is any firearm legally owned or possessed by any citizen or
16purchased by any citizen within 6 months after the enactment of
17Public Act 78-355 subject to confiscation or seizure under the
18provisions of that Public Act. Nothing in Public Act 78-355
19shall be construed to prohibit the gift or trade of any firearm
20if that firearm was legally held or acquired within 6 months
21after the enactment of that Public Act.
22    (C) Sentence.
23        (1) Any person convicted of unlawful sale of firearms
24    in violation of paragraph (c), (e), (f), (g), or (h) of
25    subsection (A) commits a Class 4 felony.
26        (2) Any person convicted of unlawful sale of firearms

 

 

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

 

 

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

 

 

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1        (8) A person 18 years of age or older convicted of
2    unlawful sale of firearms in violation of paragraph (a) or
3    (i) of subsection (A), when the firearm that was sold or
4    given to another person under 18 years of age was used in
5    the commission of or attempt to commit a forcible felony,
6    shall be fined or imprisoned, or both, not to exceed the
7    maximum provided for the most serious forcible felony so
8    committed or attempted by the person under 18 years of age
9    who was sold or given the firearm.
10        (9) Any person convicted of unlawful sale of firearms
11    in violation of paragraph (d) of subsection (A) commits a
12    Class 3 felony.
13        (10) Any person convicted of unlawful sale of firearms
14    in violation of paragraph (l) of subsection (A) commits a
15    Class 1 felony.
16    (D) For purposes of this Section:
17    "School" means a public or private elementary or secondary
18school, community college, college, or university.
19    "School related activity" means any sporting, social,
20academic, or other activity for which students' attendance or
21participation is sponsored, organized, or funded in whole or in
22part by a school or school district.
23    (E) A prosecution for a violation of paragraph (k) of
24subsection (A) of this Section may be commenced within 6 years
25after the commission of the offense. A prosecution for a
26violation of this Section other than paragraph (g) of

 

 

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1subsection (A) of this Section may be commenced within 5 years
2after the commission of the offense defined in the particular
3paragraph.
4(Source: P.A. 95-331, eff. 8-21-07; 95-735, eff. 7-16-08;
596-190, eff. 1-1-10.)
 
6    Section 99. Effective date. This Act takes effect upon
7becoming law.