97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB4498

 

Introduced 1/31/2012, by Rep. Deborah Mell

 

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 2 felony (rather than a Class 3 felony) to knowingly sell or give a firearm to a person who has been convicted of a felony or to a person under 18 years of age who does not possess a valid Firearm Owner's Identification Card. Effective immediately.


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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

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,
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 or delivery of firearms.
8    (A) A person commits the offense of unlawful sale or
9delivery of firearms when he or she knowingly does any of the
10following:
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.

 

 

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1        (f) Sells or gives any firearms to any person who is
2    intellectually disabled.
3        (g) Delivers any firearm of a size which may be
4    concealed upon the person, incidental to a sale, without
5    withholding delivery of such firearm for at least 72 hours
6    after application for its purchase has been made, or
7    delivers any rifle, shotgun or other long gun, or a stun
8    gun or taser, incidental to a sale, without withholding
9    delivery of such rifle, shotgun or other long gun, or a
10    stun gun or taser for at least 24 hours after application
11    for its purchase has been made. However, this paragraph (g)
12    does not apply to: (1) the sale of a firearm to a law
13    enforcement officer if the seller of the firearm knows that
14    the person to whom he or she is selling the firearm is a
15    law enforcement officer or the sale of a firearm to a
16    person who desires to purchase a firearm for use in
17    promoting the public interest incident to his or her
18    employment as a bank guard, armed truck guard, or other
19    similar employment; (2) a mail order sale of a firearm to a
20    nonresident of Illinois under which the firearm is mailed
21    to a point outside the boundaries of Illinois; (3) the sale
22    of a firearm to a nonresident of Illinois while at a
23    firearm showing or display recognized by the Illinois
24    Department of State Police; or (4) the sale of a firearm to
25    a dealer licensed as a federal firearms dealer under
26    Section 923 of the federal Gun Control Act of 1968 (18

 

 

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

 

 

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

 

 

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1    Identification Card that has not expired or (ii) if the
2    transferor is licensed as a federal firearms dealer under
3    Section 923 of the federal Gun Control Act of 1968 (18
4    U.S.C. 923), an approval number issued in accordance with
5    Section 3.1 of the Firearm Owners Identification Card Act
6    shall be proof that the Firearm Owner's Identification Card
7    was valid.
8        (l) Not being entitled to the possession of a firearm,
9    delivers the firearm, knowing it to have been stolen or
10    converted. It may be inferred that a person who possesses a
11    firearm with knowledge that its serial number has been
12    removed or altered has knowledge that the firearm is stolen
13    or converted.
14    (B) Paragraph (h) of subsection (A) does not include
15firearms sold within 6 months after enactment of Public Act
1678-355 (approved August 21, 1973, effective October 1, 1973),
17nor is any firearm legally owned or possessed by any citizen or
18purchased by any citizen within 6 months after the enactment of
19Public Act 78-355 subject to confiscation or seizure under the
20provisions of that Public Act. Nothing in Public Act 78-355
21shall be construed to prohibit the gift or trade of any firearm
22if that firearm was legally held or acquired within 6 months
23after the enactment of that Public Act.
24    (C) Sentence.
25        (1) Any person convicted of unlawful sale or delivery
26    of firearms in violation of paragraph (c), (e), (f), (g),

 

 

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1    or (h) of subsection (A) commits a Class 4 felony.
2        (2) Any person convicted of unlawful sale or delivery
3    of firearms in violation of paragraph (b) or (i) of
4    subsection (A) commits a Class 3 felony.
5        (3) Any person convicted of unlawful sale or delivery
6    of firearms in violation of paragraph (a), (d), or (i) of
7    subsection (A) commits a Class 2 felony.
8        (4) Any person convicted of unlawful sale or delivery
9    of firearms in violation of paragraph (a), (b), or (i) of
10    subsection (A) in any school, on the real property
11    comprising a school, within 1,000 feet of the real property
12    comprising a school, at a school related activity, or on or
13    within 1,000 feet of any conveyance owned, leased, or
14    contracted by a school or school district to transport
15    students to or from school or a school related activity,
16    regardless of the time of day or time of year at which the
17    offense was committed, commits a Class 1 felony. Any person
18    convicted of a second or subsequent violation of unlawful
19    sale or delivery of firearms in violation of paragraph (a),
20    (b), or (i) of subsection (A) in any school, on the real
21    property comprising a school, within 1,000 feet of the real
22    property comprising a school, at a school related activity,
23    or on or within 1,000 feet of any conveyance owned, leased,
24    or contracted by a school or school district to transport
25    students to or from school or a school related activity,
26    regardless of the time of day or time of year at which the

 

 

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1    offense was committed, commits a Class 1 felony for which
2    the sentence shall be a term of imprisonment of no less
3    than 5 years and no more than 15 years.
4        (5) Any person convicted of unlawful sale or delivery
5    of firearms in violation of paragraph (a) or (i) of
6    subsection (A) in residential property owned, operated, or
7    managed by a public housing agency or leased by a public
8    housing agency as part of a scattered site or mixed-income
9    development, in a public park, in a courthouse, on
10    residential property owned, operated, or managed by a
11    public housing agency or leased by a public housing agency
12    as part of a scattered site or mixed-income development, on
13    the real property comprising any public park, on the real
14    property comprising any courthouse, or on any public way
15    within 1,000 feet of the real property comprising any
16    public park, courthouse, or residential property owned,
17    operated, or managed by a public housing agency or leased
18    by a public housing agency as part of a scattered site or
19    mixed-income development commits a Class 2 felony.
20        (6) Any person convicted of unlawful sale or delivery
21    of firearms in violation of paragraph (j) of subsection (A)
22    commits a Class A misdemeanor. A second or subsequent
23    violation is a Class 4 felony.
24        (7) Any person convicted of unlawful sale or delivery
25    of firearms in violation of paragraph (k) of subsection (A)
26    commits a Class 4 felony. A third or subsequent conviction

 

 

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1    for a violation of paragraph (k) of subsection (A) is a
2    Class 1 felony.
3        (8) A person 18 years of age or older convicted of
4    unlawful sale or delivery of firearms in violation of
5    paragraph (a) or (i) of subsection (A), when the firearm
6    that was sold or given to another person under 18 years of
7    age was used in the commission of or attempt to commit a
8    forcible felony, shall be fined or imprisoned, or both, not
9    to exceed the maximum provided for the most serious
10    forcible felony so committed or attempted by the person
11    under 18 years of age who was sold or given the firearm.
12        (9) (Blank). Any person convicted of unlawful sale or
13    delivery of firearms in violation of paragraph (d) of
14    subsection (A) commits a Class 3 felony.
15        (10) Any person convicted of unlawful sale or delivery
16    of firearms in violation of paragraph (l) of subsection (A)
17    commits a Class 2 felony if the delivery is of one firearm.
18    Any person convicted of unlawful sale or delivery of
19    firearms in violation of paragraph (l) of subsection (A)
20    commits a Class 1 felony if the delivery is of not less
21    than 2 and not more than 5 firearms at the same time or
22    within a one year period. Any person convicted of unlawful
23    sale or delivery of firearms in violation of paragraph (l)
24    of subsection (A) commits a Class X felony for which he or
25    she shall be sentenced to a term of imprisonment of not
26    less than 6 years and not more than 30 years if the

 

 

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1    delivery is of not less than 6 and not more than 10
2    firearms at the same time or within a 2 year period. Any
3    person convicted of unlawful sale or delivery of firearms
4    in violation of paragraph (l) of subsection (A) commits a
5    Class X felony for which he or she shall be sentenced to a
6    term of imprisonment of not less than 6 years and not more
7    than 40 years if the delivery is of not less than 11 and
8    not more than 20 firearms at the same time or within a 3
9    year period. Any person convicted of unlawful sale or
10    delivery of firearms in violation of paragraph (l) of
11    subsection (A) commits a Class X felony for which he or she
12    shall be sentenced to a term of imprisonment of not less
13    than 6 years and not more than 50 years if the delivery is
14    of not less than 21 and not more than 30 firearms at the
15    same time or within a 4 year period. Any person convicted
16    of unlawful sale or delivery of firearms in violation of
17    paragraph (l) of subsection (A) commits a Class X felony
18    for which he or she shall be sentenced to a term of
19    imprisonment of not less than 6 years and not more than 60
20    years if the delivery is of 31 or more firearms at the same
21    time or within a 5 year period.
22    (D) For purposes of this Section:
23    "School" means a public or private elementary or secondary
24school, community college, college, or university.
25    "School related activity" means any sporting, social,
26academic, or other activity for which students' attendance or

 

 

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1participation is sponsored, organized, or funded in whole or in
2part by a school or school district.
3    (E) A prosecution for a violation of paragraph (k) of
4subsection (A) of this Section may be commenced within 6 years
5after the commission of the offense. A prosecution for a
6violation of this Section other than paragraph (g) of
7subsection (A) of this Section may be commenced within 5 years
8after the commission of the offense defined in the particular
9paragraph.
10(Source: P.A. 96-190, eff. 1-1-10; 97-227, eff. 1-1-12; 97-347,
11eff. 1-1-12; revised 9-14-11.)
 
12    Section 99. Effective date. This Act takes effect upon
13becoming law.