Rep. Harry Osterman
Filed: 4/28/2010
 
 

 




 

 		












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AMENDMENT TO HOUSE BILL 5849




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    AMENDMENT NO. ______. Amend House Bill 5849 on page 1, line 
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5, by replacing "and 24-2" with "24-2, and 24-3"; and


 
 
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on page 2, line 20, by replacing "portable" with "similar 
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portable"; and
 
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on page 5, line 7, by replacing "portable" with "similar 
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portable"; and
 
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on page 14, line 1, by replacing "portable" with "similar 
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portable"; and
 
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on page 25, line 21, by replacing "portable" with "similar 
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portable"; and
 
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on page 25, by inserting immediately below line 26 the 
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following:
 



 


 






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    "(720 ILCS 5/24-3)  (from Ch. 38, par. 24-3)


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    Sec. 24-3. Unlawful Sale of Firearms. 

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    (A) A person commits the offense of unlawful sale of 
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firearms when he
or she knowingly does any of the following:


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        (a) Sells or gives any firearm of a size which may be 
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    concealed upon the
person to any person under 18 years of 
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    age.


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        (b) Sells or gives any firearm to a person under 21 
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    years of age who has
been convicted of a misdemeanor other 
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    than a traffic offense or adjudged
delinquent.


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        (c) Sells or gives any firearm to any narcotic addict.


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        (d) Sells or gives any firearm to any person who has 
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    been convicted of a
felony under the laws of this or any 
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    other jurisdiction.


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        (e) Sells or gives any firearm to any person who has 
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    been a patient in a
mental hospital within the past 5 
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    years.


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        (f) Sells or gives any firearms to any person who is 
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    mentally
retarded.


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        (g) Delivers any firearm of a size which may be 
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    concealed upon the
person, incidental to a sale, without 
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    withholding delivery of such firearm
for at least 72 hours 
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    after application for its purchase has been made, or

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    delivers any rifle, shotgun or other long gun, or a stun 
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    gun or taser, incidental to a sale,
without withholding 
 


 






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    delivery of such rifle, shotgun or other long gun, or a 
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    stun gun or taser for
at least 24 hours after application 
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    for its purchase has been made.
However,
this paragraph (g) 
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    does not apply to: (1) the sale of a firearm
to a law 
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    enforcement officer if the seller of the firearm knows that 
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    the person to whom he or she is selling the firearm is a 
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    law enforcement officer or the sale of a firearm to a 
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    person who desires to purchase a firearm for
use in 
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    promoting the public interest incident to his or her 
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    employment as a
bank guard, armed truck guard, or other 
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    similar employment; (2) a mail
order sale of a firearm to a 
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    nonresident of Illinois under which the firearm
is mailed 
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    to a point outside the boundaries of Illinois; (3) the sale

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    of a firearm to a nonresident of Illinois while at a 
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    firearm showing or display
recognized by the Illinois 
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    Department of State Police; or (4) the sale of a
firearm to 
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    a dealer licensed as a federal firearms dealer under 
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    Section 923
of the federal Gun Control Act of 1968 (18 
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    U.S.C. 923). For purposes of this paragraph (g), 
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    "application" means when the buyer and seller reach an 
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    agreement to purchase a firearm.



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        (h) While holding any license
as a dealer,
importer, 
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    manufacturer or pawnbroker
under the federal Gun Control 
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    Act of 1968,
manufactures, sells or delivers to any 
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    unlicensed person a handgun having
a barrel, slide, frame 
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    or receiver which is a die casting of zinc alloy or
any 
 


 






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    other nonhomogeneous metal which will melt or deform at a 
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    temperature
of less than 800 degrees Fahrenheit.  For 
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    purposes of this paragraph, (1)
"firearm" is defined as in 
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    the Firearm Owners Identification Card Act; and (2)

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    "handgun" is defined as a firearm designed to be held
and 
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    fired by the use of a single hand, and includes a 
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    combination of parts from
which such a firearm can be 
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    assembled.


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        (i) Sells or gives a firearm of any size to any person 
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    under 18 years of
age who does not possess a valid Firearm 
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    Owner's Identification Card.


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        (j) Sells or gives a firearm while engaged in the 
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    business of selling
firearms at wholesale or retail without 
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    being licensed as a federal firearms
dealer under Section 
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    923 of the federal Gun Control Act of 1968 (18 U.S.C.
923).  
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    In this paragraph (j):


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        A person "engaged in the business" means a person who 
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    devotes time,
attention, and
labor to
engaging in the 
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    activity as a regular course of trade or business with the

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    principal objective of livelihood and profit, but does not 
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    include a person who
makes occasional repairs of firearms 
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    or who occasionally fits special barrels,
stocks, or 
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    trigger mechanisms to firearms.


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        "With the principal objective of livelihood and 
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    profit" means that the
intent
underlying the sale or 
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    disposition of firearms is predominantly one of
obtaining 
 


 






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    livelihood and pecuniary gain, as opposed to other intents, 
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    such as
improving or liquidating a personal firearms 
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    collection; however, proof of
profit shall not be required 
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    as to a person who engages in the regular and
repetitive 
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    purchase and disposition of firearms for criminal purposes 
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    or
terrorism.

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        (k) Sells or transfers ownership of a firearm to a 
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    person who does not display to the seller or transferor of 
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    the firearm a currently valid Firearm Owner's 
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    Identification Card that has previously been issued in the 
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    transferee's name by the Department of State Police under 
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    the provisions of the Firearm Owners Identification Card 
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    Act.  This paragraph (k) does not apply to the transfer of a 
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    firearm to a person who is exempt from the requirement of 
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    possessing a Firearm Owner's Identification Card under 
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    Section 2 of the Firearm Owners Identification Card Act. 
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    For the purposes of this Section, a currently valid Firearm 
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    Owner's Identification Card means (i) a Firearm Owner's 
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    Identification Card that has not expired or (ii) if the 
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    transferor is licensed as a federal firearms dealer under 
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    Section 923 of the federal Gun Control Act of 1968 (18 
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    U.S.C. 923), an approval number issued in accordance with 
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    Section 3.1 of the Firearm Owners Identification Card Act 
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    shall be proof that the Firearm Owner's Identification Card 
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    was valid.
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        (l) Sells or gives any firearm to any person whom the 
 


 






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    seller or giver knows is a street gang member. For purposes 
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    to this paragraph (l): "street gang member" has the meaning 
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    ascribed to the term "street gang member" in Section 10 of 
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    the Illinois Streetgang Terrorism Omnibus Prevention Act. 
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    (B) Paragraph (h) of subsection (A) does not include 
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firearms sold within 6
months after enactment of Public
Act 
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78-355 (approved August 21, 1973, effective October 1, 1973), 
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nor is any
firearm legally owned or
possessed by any citizen or 
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purchased by any citizen within 6 months after the
enactment of 
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Public Act 78-355 subject
to confiscation or seizure under the 
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provisions of that Public Act.  Nothing in
Public Act 78-355 
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shall be construed to prohibit the gift or trade of
any firearm 
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if that firearm was legally held or acquired within 6 months 
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after
the enactment of that Public Act.

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    (C) Sentence.


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        (1) Any person convicted of unlawful sale of firearms 
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    in violation of
paragraph (c), (e), (f), (g), or (h) of 
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    subsection (A) commits a Class
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felony.


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        (2) Any person convicted of unlawful sale of firearms 
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    in violation of
paragraph (b) or (i) of subsection (A) 
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    commits a Class 3 felony.


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        (3) Any person convicted of unlawful sale of firearms 
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    in violation of
paragraph (a) of subsection (A) commits a 
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    Class 2 felony.


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        (4) Any person convicted of unlawful sale of firearms 
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    in violation of
paragraph (a), (b), or (i) of subsection 
 


 






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    (A) in any school, on the real
property comprising a 
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    school, within 1,000 feet of the real property comprising
a 
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    school, at a school related activity, or on or within 1,000 
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    feet of any
conveyance owned, leased, or contracted by a 
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    school or school district to
transport students to or from 
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    school or a school related activity,
regardless of the time 
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    of day or time of year at which the offense
was committed, 
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    commits a Class 1 felony.  Any person convicted of a second

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    or subsequent violation of unlawful sale of firearms in 
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    violation of paragraph
(a), (b), or (i) of subsection (A) 
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    in any school, on the real property
comprising a school, 
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    within 1,000 feet of the real property comprising a
school, 
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    at a school related activity, or on or within 1,000 feet of 
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    any
conveyance owned, leased, or contracted by a school or 
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    school district to
transport students to or from school or 
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    a school related activity,
regardless of the time of day or 
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    time of year at which the offense
was committed, commits a 
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    Class 1 felony for which the sentence shall be a
term of 
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    imprisonment of no less than 5 years and no more than 15 
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    years.


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        (5) Any person convicted of unlawful sale of firearms 
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    in violation of
paragraph (a) or (i) of subsection (A) in 
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    residential property owned,
operated, or managed by a 
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    public housing agency or leased by a public housing
agency 
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    as part of a scattered site or mixed-income development, in 
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    a public
park, in a
courthouse, on residential property 
 


 






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    owned, operated, or managed by a public
housing agency or 
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    leased by a public housing agency as part of a scattered 
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    site
or mixed-income development, on the real property 
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    comprising any public park,
on the real
property comprising 
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    any courthouse, or on any public way within 1,000 feet
of 
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    the real property comprising any public park, courthouse, 
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    or residential
property owned, operated, or managed by a 
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    public housing agency or leased by a
public housing agency 
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    as part of a scattered site or mixed-income development

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    commits a
Class 2 felony.


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        (6) Any person convicted of unlawful sale of firearms 
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    in violation of
paragraph (j) of subsection (A) commits a 
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    Class A misdemeanor.  A second or
subsequent violation is a 
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    Class 4 felony.
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        (7) Any person convicted of unlawful sale of firearms 
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    in violation of paragraph (k) of subsection (A) commits a 
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    Class 4 felony.  A third or subsequent conviction for a 
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    violation of paragraph (k) of subsection (A) is a Class 1 
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    felony.


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        (8)  A person 18 years of age or older convicted of 
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    unlawful sale of firearms in violation of paragraph (a) or 
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    (i) of subsection (A), when the firearm that was sold or 
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    given to another person under 18 years of age was used in 
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    the commission of or attempt to commit a forcible felony, 
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    shall be fined or imprisoned, or both, not to exceed the 
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    maximum provided for the most serious forcible felony so 
 


 






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    committed or attempted by the person under 18 years of age 
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    who was sold or given the firearm. 
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        (9)  Any person convicted of unlawful sale of firearms 
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    in violation of
paragraph (d) of subsection (A) commits a 
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    Class 3 felony. 
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        (10) Any person convicted of unlawful sale of firearms 
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    in violation of paragraph (l) of subsection (A) commits a 
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    Class 1 felony. 
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    (D) For purposes of this Section:

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    "School" means a public or private elementary or secondary 
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school,
community college, college, or university.

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    "School related activity" means any sporting, social, 
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academic, or
other activity for which students' attendance or 
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participation is sponsored,
organized, or funded in whole or in 
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part by a school or school district.

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    (E) A prosecution for a violation of paragraph (k) of 
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subsection (A) of this Section may be commenced within 6 years 
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after the commission of the offense. A prosecution for a 
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violation of this Section other than paragraph (g) of 
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subsection (A) of this Section may be commenced within 5 years 
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after the commission of the offense defined in the particular 
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paragraph.

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(Source: P.A. 95-331, eff. 8-21-07; 95-735, eff. 7-16-08; 
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96-190, eff. 1-1-10.)".