093_SB1866

 
                                     LRB093 03865 RLC 09999 b

 1        AN ACT in relation to 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
 5    changing 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 following:
10             (a)  Sells  or gives any firearm of a size which may
11        be concealed upon the person to any person under 18 years
12        of age.
13             (b)  Sells or gives any firearm to a person under 21
14        years of age who has  been  convicted  of  a  misdemeanor
15        other than a traffic offense or adjudged delinquent.
16             (c)  Sells  or  gives  any  firearm  to any narcotic
17        addict.
18             (d)  Sells or gives any firearm to  any  person  who
19        has  been convicted of a felony under the laws of this or
20        any other jurisdiction.
21             (e)  Sells or gives any firearm to  any  person  who
22        has been a patient in a mental hospital within the past 5
23        years.
24             (f)  Sells  or  gives any firearms to any person who
25        is 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
29        hours  after  application for its purchase has been made,
30        or  delivers  any  rifle,  shotgun  or  other  long  gun,
31        incidental to a sale,  without  withholding  delivery  of
 
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 1        such  rifle,  shotgun  or  other long gun for at least 24
 2        hours after application for its purchase has  been  made.
 3        However,  this  paragraph  (g) does not apply to: (1) the
 4        sale of a firearm to  a  law  enforcement  officer  or  a
 5        person  who  desires  to  purchase  a  firearm for use in
 6        promoting the public interest  incident  to  his  or  her
 7        employment  as  a bank guard, armed truck guard, or other
 8        similar employment; (2) a mail order sale of a firearm to
 9        a nonresident of Illinois  under  which  the  firearm  is
10        mailed to a point outside the boundaries of Illinois; (3)
11        the  sale of a firearm to a nonresident of Illinois while
12        at  a  firearm  showing  or  display  recognized  by  the
13        Illinois Department of State Police; or (4) the sale of a
14        firearm to a dealer licensed as a federal firearms dealer
15        under Section 923 of the federal Gun Control Act of  1968
16        (18  U.S.C.  923)  under  the Federal Firearms Act of the
17        United States.
18             (h)  While  holding  any  license   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; and (2) "handgun" is defined as
28        a firearm designed to be held and fired by the use  of  a
29        single  hand,  and  includes  a combination of parts from
30        which such a firearm can be assembled.
31             (i)  Sells or gives a firearm of  any  size  to  any
32        person under 18 years of age who does not possess a valid
33        Firearm Owner's Identification Card.
34             (j)  Sells  or  gives a firearm while engaged in the
 
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 1        business of  selling  firearms  at  wholesale  or  retail
 2        without being licensed as a federal firearms dealer under
 3        Section  923  of  the federal Gun Control Act of 1968 (18
 4        U.S.C. 923).  In this paragraph (j):
 5             A person "engaged in the business"  means  a  person
 6        who devotes time, attention, and labor to engaging in the
 7        activity  as  a  regular course of trade or business with
 8        the principal objective of  livelihood  and  profit,  but
 9        does not include a person who makes occasional repairs of
10        firearms   or  who  occasionally  fits  special  barrels,
11        stocks, or trigger mechanisms to firearms.
12             "With the  principal  objective  of  livelihood  and
13        profit"  means  that  the  intent  underlying the sale or
14        disposition of firearms is predominantly one of obtaining
15        livelihood  and  pecuniary  gain,  as  opposed  to  other
16        intents, such as  improving  or  liquidating  a  personal
17        firearms  collection;  however, proof of profit shall not
18        be required as to a person who engages in the regular and
19        repetitive  purchase  and  disposition  of  firearms  for
20        criminal purposes or terrorism.
21        (B)  Paragraph (h) of subsection  (A)  does  not  include
22    firearms  sold  within 6 months after enactment of Public Act
23    78-355 (approved August 21, 1973, effective October 1, 1973),
24    nor is any firearm legally owned or possessed by any  citizen
25    or  purchased  by  any  citizen  within  6  months  after the
26    enactment of Public Act 78-355  subject  to  confiscation  or
27    seizure  under the provisions of that Public Act.  Nothing in
28    Public Act 78-355 shall be construed to prohibit the gift  or
29    trade  of  any  firearm  if  that firearm was legally held or
30    acquired within 6 months after the enactment of  that  Public
31    Act.
32        (C)  Sentence.
33             (1)  Any   person  convicted  of  unlawful  sale  of
34        firearms in violation of any of  paragraphs  (c)  through
 
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 1        (h) of subsection (A) commits a Class 4 felony.
 2             (2)  Any   person  convicted  of  unlawful  sale  of
 3        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  of
 6        firearms in violation of paragraph (a) of subsection  (A)
 7        commits a Class 2 felony.
 8             (4)  Any   person  convicted  of  unlawful  sale  of
 9        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
12        property   comprising  a  school,  at  a  school  related
13        activity, or on or within 1,000 feet  of  any  conveyance
14        owned,  leased,  or  contracted  by  a  school  or school
15        district to transport students to or  from  school  or  a
16        school related activity, regardless of the time of day or
17        time  of year at which the offense was committed, commits
18        a Class 1 felony.  Any person convicted of  a  second  or
19        subsequent  violation  of  unlawful  sale  of firearms in
20        violation of paragraph (a), (b), or (i) of subsection (A)
21        in any school, on the real property comprising a  school,
22        within  1,000  feet  of  the  real  property comprising a
23        school, at a school related activity,  or  on  or  within
24        1,000 feet of any conveyance owned, leased, or contracted
25        by  a  school or school district to transport students to
26        or from school or a school related  activity,  regardless
27        of  the  time of day or time of year at which the offense
28        was committed, commits a Class 1  felony  for  which  the
29        sentence  shall be a term of imprisonment of no less than
30        5 years and no more than 15 years.
31             (5)  Any  person  convicted  of  unlawful  sale   of
32        firearms   in  violation  of  paragraph  (a)  or  (i)  of
33        subsection (A) in residential property  owned,  operated,
34        or  managed  by  a  public  housing agency or leased by a
 
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 1        public housing agency as part  of  a  scattered  site  or
 2        mixed-income   development,   in  a  public  park,  in  a
 3        courthouse, on residential property owned,  operated,  or
 4        managed  by a public housing agency or leased by a public
 5        housing  agency  as  part  of   a   scattered   site   or
 6        mixed-income development, on the real property comprising
 7        any  public  park,  on  the  real property comprising any
 8        courthouse, or on any public way within 1,000 feet of the
 9        real property comprising any public park, courthouse,  or
10        residential  property  owned,  operated,  or managed by a
11        public housing agency  or  leased  by  a  public  housing
12        agency  as  part  of  a  scattered  site  or mixed-income
13        development commits a Class 2 felony.
14             (6)  Any  person  convicted  of  unlawful  sale   of
15        firearms  in violation of paragraph (j) of subsection (A)
16        commits a Class A  misdemeanor  A  second  or  subsequent
17        violation is a Class 4 felony.
18        (D)  For purposes of this Section:
19        "School"   means   a  public  or  private  elementary  or
20    secondary school, community college, college, or university.
21        "School related activity"  means  any  sporting,  social,
22    academic, or other activity for which students' attendance or
23    participation  is sponsored, organized, or funded in whole or
24    in part by a school or school district.
25    (Source: P.A. 91-12,  eff.  1-1-00;  91-673,  eff.  12-22-99;
26    91-696, eff. 4-13-00.)

27        Section  99.  Effective date.  This Act takes effect upon
28    becoming law.