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90_HB3754
720 ILCS 5/24-3 from Ch. 38, par. 24-3
Amends the Criminal Code of 1961. Makes a stylistic
change in the unlawful sale of firearms statute.
LRB9010420RCks
LRB9010420RCks
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. A person commits
9 the offense of unlawful sale of firearms when he or she
10 knowingly:
11 (a) Sells or gives any firearm of a size which may be
12 concealed upon the person to any person under 18 years of
13 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 other
16 than a traffic offense or adjudged delinquent; or
17 (c) Sells or gives any firearm to any narcotic addict;
18 or
19 (d) Sells or gives any firearm to any person who has
20 been convicted of a felony under the laws of this or any
21 other jurisdiction; or
22 (e) Sells or gives any firearm to any person who has
23 been a patient in a mental hospital within the past 5 years;
24 or
25 (f) Sells or gives any firearms to any person who is
26 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 hours
30 after application for its purchase has been made, or delivers
31 any rifle, shotgun or other long gun, incidental to a sale,
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1 without withholding delivery of such rifle, shotgun or other
2 long gun for at least 24 hours after application for its
3 purchase has been made. However, this paragraph shall not
4 apply to: (1) the sale of a firearm to a law enforcement
5 officer or a person who desires to purchase a firearm for use
6 in promoting the public interest incident to his employment
7 as a bank guard, armed truck guard, or other similar
8 employment; or (2) a mail order sale of a firearm to a
9 nonresident of Illinois under which the firearm is mailed to
10 a point outside the boundaries of Illinois; or (3) the sale
11 of a firearm to a nonresident of Illinois while at a firearm
12 showing or display recognized by the Illinois Department of
13 State Police; or (4) the sale of a firearm to a dealer
14 licensed under the Federal Firearms Act of the United States;
15 or
16 (h) While holding any license under the Federal "Gun
17 Control Act of 1968", as amended, as a dealer, importer,
18 manufacturer or pawnbroker; manufactures, sells or delivers
19 to any unlicensed person a handgun having a barrel, slide,
20 frame or receiver which is a die casting of zinc alloy or any
21 other nonhomogeneous metal which will melt or deform at a
22 temperature of less than 800 degrees Fahrenheit. For purposes
23 of this paragraph, (1) "firearm" is defined as in "An Act
24 relating to the acquisition, possession and transfer of
25 firearms and firearm ammunition, to provide a penalty for the
26 violation thereof and to make an appropriation in connection
27 therewith", approved August 3, 1967, as amended; (2)
28 "handgun" is defined as a firearm designed to be held and
29 fired by the use of a single hand, and includes a combination
30 of parts from which a firearm can be assembled; or
31 (i) Sells or gives a firearm of any size to any person
32 under 18 years of age who does not possess a valid Firearm
33 Owner's Identification Card.
34 (j) Paragraph (h) of this Section shall not include
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1 firearms sold within 6 months after enactment of this
2 amendatory Act of 1973, nor shall any firearm legally owned
3 or possessed by any citizen or purchased by any citizen
4 within 6 months after the enactment of this amendatory Act of
5 1973 be subject to confiscation or seizure under the
6 provisions of this amendatory Act of 1973. Nothing in this
7 amendatory Act of 1973 shall be construed to prohibit the
8 gift or trade of any firearm if that firearm was legally held
9 or acquired within 6 months after the enactment of this
10 amendatory Act of 1973.
11 (k) Sentence.
12 Any person convicted of unlawful sale of firearms in
13 violation of paragraphs (b) through (h) commits a Class 4
14 felony.
15 Any person convicted of unlawful sale of firearms in
16 violation of paragraph (a) or (i) commits a Class 3 felony.
17 Any person convicted of unlawful sale of firearms in
18 violation of paragraph (a) or (i) in any school, regardless
19 of the time of day or the time of year, in residential
20 property owned, operated, and managed by a public housing
21 agency, in a public park, in a courthouse, on the real
22 property comprising any school, regardless of the time of day
23 or the time of year, on residential property owned, operated,
24 and managed by a public housing agency, on the real property
25 comprising any public park, on the real property comprising
26 any 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 school,
30 public park, courthouse, or residential property owned,
31 operated, and managed by a public housing agency commits a
32 Class 2 felony.
33 (Source: P.A. 88-680, eff. 1-1-95.)