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91_HB3055
LRB9109293RCks
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) (blank) the sale of a firearm to a nonresident of
13 Illinois while at a firearm showing or display recognized
14 by the Illinois Department of State Police; or (4) the
15 sale of a firearm to a dealer licensed under the Federal
16 Firearms Act of the United States.; or
17 (h) While holding any license under the federal
18 "Gun Control Act of 1968", as amended, 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 "An Act relating to the
28 acquisition, possession and transfer of firearms and
29 firearm ammunition, to provide a penalty for the
30 violation thereof and to make an appropriation in
31 connection therewith", approved August 3, 1967, as
32 amended; and (2) "handgun" is defined as a firearm
33 designed to be held and fired by the use of a single
34 hand, and includes a combination of parts from which such
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1 a firearm can be assembled.; or
2 (i) Sells or gives a firearm of any size to any
3 person under 18 years of age who does not possess a valid
4 Firearm Owner's Identification Card.
5 (B) (j) Paragraph (h) of subsection (A) does this
6 Section shall not include firearms sold within 6 months after
7 enactment of Public Act 78-355 (approved August 21, 1973,
8 effective October 1, 1973) this amendatory Act of 1973, nor
9 is shall any firearm legally owned or possessed by any
10 citizen or purchased by any citizen within 6 months after the
11 enactment of Public Act 78-355 this amendatory Act of 1973 be
12 subject to confiscation or seizure under the provisions of
13 that Public this amendatory Act of 1973. Nothing in Public
14 Act 78-355 this amendatory Act of 1973 shall be construed to
15 prohibit the gift or trade of any firearm if that firearm was
16 legally held or acquired within 6 months after the enactment
17 of that Public this amendatory Act of 1973.
18 (C) (k) Sentence.
19 (1) Any person convicted of unlawful sale of
20 firearms in violation of any of paragraphs (c) through
21 (h) of subsection (A) commits a Class 4 felony.
22 (2) Any person convicted of unlawful sale of
23 firearms in violation of paragraph (b) or (i) of
24 subsection (A) commits a Class 3 felony.
25 (3) Any person convicted of unlawful sale of
26 firearms in violation of paragraph (a) of subsection (A)
27 commits a Class 2 felony.
28 (4) Any person convicted of unlawful sale of
29 firearms in violation of paragraph (a), (b), or (i) of
30 subsection (A) in any school, on the real property
31 comprising a school, within 1,000 feet of the real
32 property comprising a school, at a school related
33 activity, or on or within 1,000 feet of any conveyance
34 owned, leased, or contracted by a school or school
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1 district to transport students to or from school or a
2 school related activity, regardless of the time of day or
3 time of year at which that the offense was committed,
4 commits a Class 1 felony. Any person convicted of a
5 second or subsequent violation of unlawful sale of
6 firearms in violation of paragraph (a), (b), or (i) of
7 subsection (A) in any school, on the real property
8 comprising a school, within 1,000 feet of the real
9 property comprising a school, at a school related
10 activity, or on or within 1,000 feet of any conveyance
11 owned, leased, or contracted by a school or school
12 district to transport students to or from school or a
13 school related activity, regardless of the time of day or
14 time of year at which that the offense was committed,
15 commits a Class 1 felony for which the sentence shall be
16 a term of imprisonment of no less than 5 years and no
17 more than 15 years.
18 (5) Any person convicted of unlawful sale of
19 firearms in violation of paragraph (a) or (i) of
20 subsection (A) in residential property owned, operated,
21 or managed by a public housing agency, in a public park,
22 in a courthouse, on residential property owned, operated,
23 or managed by a public housing agency, on the real
24 property comprising any public park, on the real property
25 comprising any courthouse, or on any public way within
26 1,000 feet of the real property comprising any public
27 park, courthouse, or residential property owned,
28 operated, or managed by a public housing agency commits a
29 Class 2 felony.
30 (D) (6) For purposes of this Section:
31 "School" means a public or private elementary or
32 secondary school, community college, college, or university.
33 "School related activity" means any sporting, social,
34 academic, or other activity for which students' attendance or
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1 participation is sponsored, organized, or funded in whole or
2 in part by a school or school district.
3 (Source: P.A. 91-12, eff. 1-1-00; revised 8-18-99.)