State of Illinois
90th General Assembly
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90_HB0137

      720 ILCS 5/24-3.3         from Ch. 38, par. 24-3.3
          Amends the Criminal Code of 1961  to  prohibit  a  person
      from  selling,  giving,  or  delivering  a firearm to another
      person in a school, on the real property comprising a school,
      or within one-half mile of a school or taking a firearm  into
      a  school.  Penalty is a Class 3 felony.  Exempts a federally
      licensed firearm dealer  while  transacting  business  at  an
      address  that  has  a  zoning classification that permits the
      operation of a retail establishment if the federally licensed
      firearm dealer transacted business at that address before the
      effective date of this amendatory Act.
                                                     LRB9001071RCks
                                               LRB9001071RCks
 1        AN ACT to amend the Criminal Code  of  1961  by  changing
 2    Section 24-3.3.
 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:
 5        Section 5.  The Criminal  Code  of  1961  is  amended  by
 6    changing Section 24-3.3 as follows:
 7        (720 ILCS 5/24-3.3) (from Ch. 38, par. 24-3.3)
 8        Sec.  24-3.3.  Unlawful  sale  or delivery of firearms on
 9    certain property the Premises of Any  School,  regardless  of
10    the time of day or the time of year, or any conveyance owned,
11    leased  or contracted by a school to transport students to or
12    from school or a  school  related  activity,  or  residential
13    property  owned,  operated  and  managed  by a public housing
14    agency.
15        (a)  Any person 18 years of age or older who sells, gives
16    or delivers any firearm to any person under 18 years  of  age
17    in  any  school, regardless of the time of day or the time of
18    year, or residential property owned, operated and managed  by
19    a  public  housing  agency or on the real property comprising
20    any school, regardless of the time of  day  or  the  time  of
21    year,  or residential property owned, operated and managed by
22    a public housing agency commits a Class 3 felony.
23        (b)  A person, regardless of age and  regardless  of  the
24    time  of  day  or  the  time  of  year,  who sells, gives, or
25    delivers a firearm to another person, regardless of age, in a
26    school, on the real property of a school, or within  one-half
27    mile of a school or who takes a firearm into a school commits
28    a Class 3 felony.
29        The  provisions  of this subsection (b) do not apply to a
30    federally licensed firearm dealer while transacting  business
31    at  an  address that has a zoning classification that permits
                            -2-                LRB9001071RCks
 1    the operation of a  retail  establishment  if  the  federally
 2    licensed  firearm  dealer  transacted business at the address
 3    before the effective date of this amendatory Act of 1997.
 4        School is defined, for the purposes of this  Section,  as
 5    any   public  or  private  elementary  or  secondary  school,
 6    community college, college or university. This does not apply
 7    to peace officers  or  to  students  carrying  or  possessing
 8    firearms  for use in school training courses, parades, target
 9    shooting on school ranges, or otherwise with the  consent  of
10    school   authorities   and  which  firearms  are  transported
11    unloaded  and  enclosed  in   a   suitable   case,   box   or
12    transportation package.
13    (Source: P.A. 86-946; 87-524.)

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