94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB1900

 

Introduced 2/25/2005, by Sen. Bill Brady

 

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

    Amends the Criminal Code of 1961. Makes a technical change in a Section concerning the unlawful sale of firearms.


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A BILL FOR

 

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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 the
10 following:
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.
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.
17         (c) Sells or gives any firearm to any narcotic addict.
18         (d) Sells or gives any firearm to any person who has
19     been convicted of a felony under the laws of this or any
20     other jurisdiction.
21         (e) Sells or gives any firearm to any person who has
22     been a patient in a mental hospital within the past 5
23     years.
24         (f) Sells or gives any firearms to any person who is
25     mentally retarded.
26         (g) Delivers any firearm of a size which may be
27     concealed upon the person, incidental to a sale, without
28     withholding delivery of such firearm for at least 72 hours
29     after application for its purchase has been made, or
30     delivers any rifle, shotgun or other long gun, incidental
31     to a sale, without withholding delivery of such rifle,
32     shotgun or other long gun for at least 24 hours after

 

 

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1     application for its purchase has been made. However, this
2     paragraph (g) does not apply to: (1) the sale of a firearm
3     to a law enforcement officer or a person who desires to
4     purchase a firearm for use in promoting the public interest
5     incident to his or her employment as a bank guard, armed
6     truck guard, or other similar employment; (2) a mail order
7     sale of a firearm to a nonresident of Illinois under which
8     the firearm is mailed to a point outside the boundaries of
9     Illinois; (3) the sale of a firearm to a nonresident of
10     Illinois while at a firearm showing or display recognized
11     by the Illinois Department of State Police; or (4) the sale
12     of a firearm to a dealer licensed as a federal firearms
13     dealer under Section 923 of the federal Gun Control Act of
14     1968 (18 U.S.C. 923).
15         (h) While holding any license as a dealer, importer,
16     manufacturer or pawnbroker under the federal Gun Control
17     Act of 1968, manufactures, sells or delivers to any
18     unlicensed person a handgun having a barrel, slide, frame
19     or receiver which is a die casting of zinc alloy or any
20     other nonhomogeneous metal which will melt or deform at a
21     temperature of less than 800 degrees Fahrenheit. For
22     purposes of this paragraph, (1) "firearm" is defined as in
23     the Firearm Owners Identification Card Act; and (2)
24     "handgun" is defined as a firearm designed to be held and
25     fired by the use of a single hand, and includes a
26     combination of parts from which such a firearm can be
27     assembled.
28         (i) Sells or gives a firearm of any size to any person
29     under 18 years of age who does not possess a valid Firearm
30     Owner's Identification Card.
31         (j) Sells or gives a firearm while engaged in the
32     business of selling firearms at wholesale or retail without
33     being licensed as a federal firearms dealer under Section
34     923 of the federal Gun Control Act of 1968 (18 U.S.C. 923).
35     In this paragraph (j):
36         A person "engaged in the business" means a person who

 

 

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1     devotes time, attention, and labor to engaging in the
2     activity as a regular course of trade or business with the
3     principal objective of livelihood and profit, but does not
4     include a person who makes occasional repairs of firearms
5     or who occasionally fits special barrels, stocks, or
6     trigger mechanisms to firearms.
7         "With the principal objective of livelihood and
8     profit" means that the intent underlying the sale or
9     disposition of firearms is predominantly one of obtaining
10     livelihood and pecuniary gain, as opposed to other intents,
11     such as improving or liquidating a personal firearms
12     collection; however, proof of profit shall not be required
13     as to a person who engages in the regular and repetitive
14     purchase and disposition of firearms for criminal purposes
15     or terrorism.
16         (k) Sells or transfers ownership of a firearm to a
17     person who does not display to the seller or transferor of
18     the firearm a currently valid Firearm Owner's
19     Identification Card that has previously been issued in the
20     transferee's name by the Department of State Police under
21     the provisions of the Firearm Owners Identification Card
22     Act. This paragraph (k) does not apply to the transfer of a
23     firearm to a person who is exempt from the requirement of
24     possessing a Firearm Owner's Identification Card under
25     Section 2 of the Firearm Owners Identification Card Act.
26     For the purposes of this Section, a currently valid Firearm
27     Owner's Identification Card means (i) a Firearm Owner's
28     Identification Card that has not expired or (ii) if the
29     transferor is licensed as a federal firearms dealer under
30     Section 923 of the federal Gun Control Act of 1968 (18
31     U.S.C. 923), an approval number issued in accordance with
32     Section 3.1 of the Firearm Owners Identification Card Act
33     shall be proof that the Firearm Owner's Identification Card
34     was valid.
35     (B) Paragraph (h) of subsection (A) does not include
36 firearms sold within 6 months after enactment of Public Act

 

 

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1 78-355 (approved August 21, 1973, effective October 1, 1973),
2 nor is any firearm legally owned or possessed by any citizen or
3 purchased by any citizen within 6 months after the enactment of
4 Public Act 78-355 subject to confiscation or seizure under the
5 provisions of that Public Act. Nothing in Public Act 78-355
6 shall be construed to prohibit the gift or trade of any firearm
7 if that firearm was legally held or acquired within 6 months
8 after the enactment of that Public Act.
9     (C) Sentence.
10         (1) Any person convicted of unlawful sale of firearms
11     in violation of any of paragraphs (c) through (h) of
12     subsection (A) commits a Class 4 felony.
13         (2) Any person convicted of unlawful sale of firearms
14     in violation of paragraph (b) or (i) of subsection (A)
15     commits a Class 3 felony.
16         (3) Any person convicted of unlawful sale of firearms
17     in violation of paragraph (a) of subsection (A) commits a
18     Class 2 felony.
19         (4) Any person convicted of unlawful sale of firearms
20     in violation of paragraph (a), (b), or (i) of subsection
21     (A) in any school, on the real property comprising a
22     school, within 1,000 feet of the real property comprising a
23     school, at a school related activity, or on or within 1,000
24     feet of any conveyance owned, leased, or contracted by a
25     school or school district to transport students to or from
26     school or a school related activity, regardless of the time
27     of day or time of year at which the offense was committed,
28     commits a Class 1 felony. Any person convicted of a second
29     or subsequent violation of unlawful sale of firearms in
30     violation of paragraph (a), (b), or (i) of subsection (A)
31     in any school, on the real property comprising a school,
32     within 1,000 feet of the real property comprising a school,
33     at a school related activity, or on or within 1,000 feet of
34     any conveyance owned, leased, or contracted by a school or
35     school district to transport students to or from school or
36     a school related activity, regardless of the time of day or

 

 

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1     time of year at which the offense was committed, commits a
2     Class 1 felony for which the sentence shall be a term of
3     imprisonment of no less than 5 years and no more than 15
4     years.
5         (5) Any person convicted of unlawful sale of firearms
6     in violation of paragraph (a) or (i) of subsection (A) in
7     residential property owned, operated, or managed by a
8     public housing agency or leased by a public housing agency
9     as part of a scattered site or mixed-income development, in
10     a public park, in a courthouse, on residential property
11     owned, operated, or managed by a public housing agency or
12     leased by a public housing agency as part of a scattered
13     site or mixed-income development, on the real property
14     comprising any public park, on the real property comprising
15     any courthouse, or on any public way within 1,000 feet of
16     the real property comprising any public park, courthouse,
17     or residential property owned, operated, or managed by a
18     public housing agency or leased by a public housing agency
19     as part of a scattered site or mixed-income development
20     commits a Class 2 felony.
21         (6) Any person convicted of unlawful sale of firearms
22     in violation of paragraph (j) of subsection (A) commits a
23     Class A misdemeanor. A second or subsequent violation is a
24     Class 4 felony.
25         (7) Any person convicted of unlawful sale of firearms
26     in violation of paragraph (k) of subsection (A) commits a
27     Class 4 felony. A third or subsequent conviction for a
28     violation of paragraph (k) of subsection (A) is a Class 1
29     felony.
30     (D) For purposes of this Section:
31     "School" means a public or private elementary or secondary
32 school, community college, college, or university.
33     "School related activity" means any sporting, social,
34 academic, or other activity for which students' attendance or
35 participation is sponsored, organized, or funded in whole or in
36 part by a school or school district.

 

 

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1     (E) A prosecution for a violation of paragraph (k) of
2 subsection (A) of this Section may be commenced within 6 years
3 after the commission of the offense. A prosecution for a
4 violation of this Section other than paragraph (g) of
5 subsection (A) of this Section may be commenced within 5 years
6 after the commission of the offense defined in the particular
7 paragraph.
8 (Source: P.A. 93-162, eff. 7-10-03; 93-906, eff. 8-11-04.)