093_SB0238

 
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 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 Sections 24-3 and 24-4 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 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 and paragraph
24        (j),  (1)  "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             (j)  Transfers or possesses with intent to  transfer
33        more  than  one  handgun  to any person within any 30-day
34        period or transfers or possesses with intent to  transfer
 
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 1        a handgun to any person he or she knows or has reasonable
 2        cause  to  believe  has  purchased  or  has  been given a
 3        handgun within the previous 30 days.
 4        (B)  Paragraph (h) of subsection  (A)  does  not  include
 5    firearms  sold  within 6 months after enactment of Public Act
 6    78-355 (approved August 21, 1973, effective October 1, 1973),
 7    nor is any firearm legally owned or possessed by any  citizen
 8    or  purchased  by  any  citizen  within  6  months  after the
 9    enactment of Public Act 78-355  subject  to  confiscation  or
10    seizure  under the provisions of that Public Act.  Nothing in
11    Public Act 78-355 shall be construed to prohibit the gift  or
12    trade  of  any  firearm  if  that firearm was legally held or
13    acquired within 6 months after the enactment of  that  Public
14    Act.
15        (C)  Sentence.
16             (1)  Any   person  convicted  of  unlawful  sale  of
17        firearms in violation of any of  paragraphs  (c)  through
18        (h) of subsection (A) commits a Class 4 felony.
19             (2)  Any   person  convicted  of  unlawful  sale  of
20        firearms in violation of paragraph (b), or (i), or (j) of
21        subsection (A) commits a Class 3 felony.
22             (3)  Any  person  convicted  of  unlawful  sale   of
23        firearms  in violation of paragraph (a) of subsection (A)
24        commits a Class 2 felony.
25             (4)  Any  person  convicted  of  unlawful  sale   of
26        firearms  in  violation of paragraph (a), (b), or (i), or
27        (j) of subsection (A) in any school, on the real property
28        comprising a  school,  within  1,000  feet  of  the  real
29        property   comprising  a  school,  at  a  school  related
30        activity, or on or within 1,000 feet  of  any  conveyance
31        owned,  leased,  or  contracted  by  a  school  or school
32        district to transport students to or  from  school  or  a
33        school related activity, regardless of the time of day or
34        time  of year at which the offense was committed, commits
 
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 1        a Class 1 felony.  Any person convicted of  a  second  or
 2        subsequent  violation  of  unlawful  sale  of firearms in
 3        violation of paragraph  (a),  (b),  or  (i),  or  (j)  of
 4        subsection  (A)  in  any  school,  on  the  real property
 5        comprising a  school,  within  1,000  feet  of  the  real
 6        property   comprising  a  school,  at  a  school  related
 7        activity, or on or within 1,000 feet  of  any  conveyance
 8        owned,  leased,  or  contracted  by  a  school  or school
 9        district to transport students to or  from  school  or  a
10        school related activity, regardless of the time of day or
11        time  of year at which the offense was committed, commits
12        a Class 1 felony for which the sentence shall be  a  term
13        of  imprisonment of no less than 5 years and no more than
14        15 years.
15             (5)  Any  person  convicted  of  unlawful  sale   of
16        firearms in violation of paragraph (a), or (i), or (j) of
17        subsection  (A)  in residential property owned, operated,
18        or managed by a public housing  agency  or  leased  by  a
19        public  housing  agency  as  part  of a scattered site or
20        mixed-income  development,  in  a  public  park,   in   a
21        courthouse,  on  residential property owned, operated, or
22        managed by a public housing agency or leased by a  public
23        housing   agency   as   part   of  a  scattered  site  or
24        mixed-income development, on the real property comprising
25        any public park, on  the  real  property  comprising  any
26        courthouse, or on any public way within 1,000 feet of the
27        real  property comprising any public park, courthouse, or
28        residential property owned, operated,  or  managed  by  a
29        public  housing  agency  or  leased  by  a public housing
30        agency as  part  of  a  scattered  site  or  mixed-income
31        development commits a Class 2 felony.
32        (D)  For purposes of this Section:
33        "School"   means   a  public  or  private  elementary  or
34    secondary school, community college, college, or university.
 
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 1        "School related activity"  means  any  sporting,  social,
 2    academic, or other activity for which students' attendance or
 3    participation  is sponsored, organized, or funded in whole or
 4    in part by a school or school district.
 5    (Source: P.A. 91-12,  eff.  1-1-00;  91-673,  eff.  12-22-99;
 6    91-696, eff. 4-13-00.)

 7        (720 ILCS 5/24-4) (from Ch. 38, par. 24-4)
 8        Sec. 24-4. Register of sales by dealer.
 9        (a)  Any  seller  of  firearms  of  a  size  which may be
10    concealed upon the person, other than a manufacturer  selling
11    to a bona fide wholesaler or retailer or a wholesaler selling
12    to  a  bona  fide  retailer,  shall  keep  a  register of all
13    firearms sold or given away.
14        (b)  Such register shall contain the date of the sale  or
15    gift,  the name, address, age and occupation of the person to
16    whom the weapon is sold or given, the price  of  the  weapon,
17    the  kind,  description  and  number  of  the weapon, and the
18    purpose for which it is purchased and obtained.
19        (b-5)  If the sale, gift, or transfer is of a handgun  as
20    defined  in  clause (h)(2) of subsection (A) of Section 24-3,
21    the transferor of the handgun must transmit  the  information
22    contained  in  subsection  (b)  to  the  Department  of State
23    Police. All records of the information  transmitted  must  be
24    maintained  by  the Department on a computer database capable
25    of allowing the retrieval of information for each dealer  and
26    each  transferee.   Information  in the database must be made
27    available to any law enforcement agency responsible  for  the
28    enforcement  of any federal, State, or local law or ordinance
29    relating to firearms, and to any licensed dealer who requests
30    information relating to a person who is seeking  to  purchase
31    one or more handguns from that dealer. Except as specifically
32    provided  in  this  Section, information in the database is a
33    confidential record of the Department and is not  subject  to
 
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 1    disclosure under any other law.
 2        (c)  Such  seller  on  demand  of  a  peace officer shall
 3    produce for inspection the  register  and  allow  such  peace
 4    officer to inspect such register and all stock on hand.
 5        (d)  Sentence.
 6        Violation of this Section is a Class B misdemeanor.
 7    (Source: P.A. 77-2638.)