093_SB1326

 
                                     LRB093 10943 LRD 11510 b

 1        AN ACT in relation to criminal matters.

 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 10 days
29        72 hours after application  for  its  purchase  has  been
30        made,  or  delivers any rifle, shotgun or other long gun,
31        incidental to a sale,  without  withholding  delivery  of
 
                            -2-      LRB093 10943 LRD 11510 b
 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 under the  Federal  Firearms
15        Act of the United States.
16             (h)  While   holding   any   license  as  a  dealer,
17        importer, manufacturer or pawnbroker  under  the  federal
18        Gun  Control Act of 1968, manufactures, sells or delivers
19        to any unlicensed  person  a  handgun  having  a  barrel,
20        slide,  frame  or receiver which is a die casting of zinc
21        alloy or any other nonhomogeneous metal which  will  melt
22        or  deform  at  a  temperature  of  less than 800 degrees
23        Fahrenheit.   For  purposes  of   this   paragraph,   (1)
24        "firearm"   is   defined   as   in   the  Firearm  Owners
25        Identification Card Act; and (2) "handgun" is defined  as
26        a  firearm  designed to be held and fired by the use of a
27        single hand, and includes a  combination  of  parts  from
28        which such a firearm can be assembled.
29             (i)  Sells  or  gives  a  firearm of any size to any
30        person under 18 years of age who does not possess a valid
31        Firearm Owner's Identification Card.
32        (B)  Paragraph (h) of subsection  (A)  does  not  include
33    firearms  sold  within 6 months after enactment of Public Act
34    78-355 (approved August 21, 1973, effective October 1, 1973),
 
                            -3-      LRB093 10943 LRD 11510 b
 1    nor is any firearm legally owned or possessed by any  citizen
 2    or  purchased  by  any  citizen  within  6  months  after the
 3    enactment of Public Act 78-355  subject  to  confiscation  or
 4    seizure  under the provisions of that Public Act.  Nothing in
 5    Public Act 78-355 shall be construed to prohibit the gift  or
 6    trade  of  any  firearm  if  that firearm was legally held or
 7    acquired within 6 months after the enactment of  that  Public
 8    Act.
 9        (C)  Sentence.
10             (1)  Any   person  convicted  of  unlawful  sale  of
11        firearms in violation of any of  paragraphs  (c)  through
12        (h) of subsection (A) commits a Class 4 felony.
13             (2)  Any   person  convicted  of  unlawful  sale  of
14        firearms  in  violation  of  paragraph  (b)  or  (i)   of
15        subsection (A) commits a Class 3 felony.
16             (3)  Any   person  convicted  of  unlawful  sale  of
17        firearms in violation of paragraph (a) of subsection  (A)
18        commits a Class 2 felony.
19             (4)  Any   person  convicted  of  unlawful  sale  of
20        firearms in violation of paragraph (a), (b),  or  (i)  of
21        subsection  (A)  in  any  school,  on  the  real property
22        comprising a  school,  within  1,000  feet  of  the  real
23        property   comprising  a  school,  at  a  school  related
24        activity, or on or within 1,000 feet  of  any  conveyance
25        owned,  leased,  or  contracted  by  a  school  or school
26        district to transport students to or  from  school  or  a
27        school related activity, regardless of the time of day or
28        time  of year at which the offense was committed, commits
29        a Class 1 felony.  Any person convicted of  a  second  or
30        subsequent  violation  of  unlawful  sale  of firearms in
31        violation of paragraph (a), (b), or (i) of subsection (A)
32        in any school, on the real property comprising a  school,
33        within  1,000  feet  of  the  real  property comprising a
34        school, at a school related activity,  or  on  or  within
 
                            -4-      LRB093 10943 LRD 11510 b
 1        1,000 feet of any conveyance owned, leased, or contracted
 2        by  a  school or school district to transport students to
 3        or from school or a school related  activity,  regardless
 4        of  the  time of day or time of year at which the offense
 5        was committed, commits a Class 1  felony  for  which  the
 6        sentence  shall be a term of imprisonment of no less than
 7        5 years and no more than 15 years.
 8             (5)  Any  person  convicted  of  unlawful  sale   of
 9        firearms   in  violation  of  paragraph  (a)  or  (i)  of
10        subsection (A) in residential property  owned,  operated,
11        or  managed  by  a  public  housing agency or leased by a
12        public housing agency as part  of  a  scattered  site  or
13        mixed-income   development,   in  a  public  park,  in  a
14        courthouse, on residential property owned,  operated,  or
15        managed  by a public housing agency or leased by a public
16        housing  agency  as  part  of   a   scattered   site   or
17        mixed-income development, on the real property comprising
18        any  public  park,  on  the  real property comprising any
19        courthouse, or on any public way within 1,000 feet of the
20        real property comprising any public park, courthouse,  or
21        residential  property  owned,  operated,  or managed by a
22        public housing agency  or  leased  by  a  public  housing
23        agency  as  part  of  a  scattered  site  or mixed-income
24        development commits a Class 2 felony.
25        (D)  For purposes of this Section:
26        "School"  means  a  public  or  private   elementary   or
27    secondary school, community college, college, or university.
28        "School  related  activity"  means  any sporting, social,
29    academic, or other activity for which students' attendance or
30    participation is sponsored, organized, or funded in whole  or
31    in part by a school or school district.
32    (Source:  P.A.  91-12,  eff.  1-1-00;  91-673, eff. 12-22-99;
33    91-696, eff. 4-13-00.)