[ Search ] [ Legislation ] [ Bill Summary ]
[ Home ] [ Back ] [ Bottom ]
90_HB3630
430 ILCS 65/1.1 from Ch. 38, par. 83-1.1
430 ILCS 65/3.2 new
720 ILCS 5/24-3 from Ch. 38, par. 24-3
720 ILCS 5/24-4 from Ch. 38, par. 24-4
Amends the Firearm Owners Identification Card Act and the
Criminal Code of 1961. Provides that various provisions of
law that relate to the transfer of firearms by firearms
dealers apply to the sale and transfer of firearms at gun
shows.
LRB9010387RCdv
LRB9010387RCdv
1 AN ACT in relation to the sale and transfer of firearms
2 at gun shows, amending named Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Firearm Owners Identification Card Act is
6 amended by changing Section 1.1 and adding Section 3.2 as
7 follows:
8 (430 ILCS 65/1.1) (from Ch. 38, par. 83-1.1)
9 Sec. 1.1. For purposes of this Act: "Firearm" means any
10 device, by whatever name known, which is designed to expel a
11 projectile or projectiles by the action of an explosion,
12 expansion of gas or escape of gas; excluding, however:
13 (1) any pneumatic gun, spring gun, paint ball gun
14 or B-B gun which either expels a single globular
15 projectile not exceeding .18 inch in diameter and which
16 has a maximum muzzle velocity of less than 700 feet per
17 second or breakable paint balls containing washable
18 marking colors;
19 (2) any device used exclusively for signalling or
20 safety and required or recommended by the United States
21 Coast Guard or the Interstate Commerce Commission; or
22 (3) any device used exclusively for the firing of
23 stud cartridges, explosive rivets or similar industrial
24 ammunition;
25 (4) an antique firearm (other than a machine-gun)
26 which, although designed as a weapon, the Department of
27 State Police finds by reason of the date of its
28 manufacture, value, design, and other characteristics is
29 primarily a collector's item and is not likely to be used
30 as a weapon.
31 "Firearm Ammunition" means any self-contained cartridge
-2- LRB9010387RCdv
1 or shotgun shell, by whatever name known, which is designed
2 to be used or adaptable to use in a firearm; excluding,
3 however:
4 (1) any ammunition exclusively designed for use
5 with a device used exclusively for signalling or safety
6 and required or recommended by the United States Coast
7 Guard or the Interstate Commerce Commission; or
8 (2) any ammunition designed exclusively for use
9 with a stud or rivet driver or other similar industrial
10 ammunition.
11 "Gun show" means an exhibition open to the general public
12 either through an admission fee or without charge for the
13 purpose of displaying firearms and for the sale, barter, or
14 trade of firearms at the exhibition.
15 (Source: P.A. 86-349; 86-1265.)
16 (430 ILCS 65/3.2 new)
17 Sec. 3.2. Gun show sales. The provisions of Sections 3
18 and 3.1 of this Act apply to the sale or transfer of firearms
19 at gun shows.
20 Section 10. The Criminal Code of 1961 is amended by
21 changing Sections 24-3 and 24-4 as follows:
22 (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
23 Sec. 24-3. Unlawful Sale of Firearms. A person commits
24 the offense of unlawful sale of firearms when he knowingly:
25 (a) Sells or gives any firearm of a size which may be
26 concealed upon the person to any person under 18 years of
27 age; or
28 (b) Sells or gives any firearm to a person under 21
29 years of age who has been convicted of a misdemeanor other
30 than a traffic offense or adjudged delinquent; or
31 (c) Sells or gives any firearm to any narcotic addict;
-3- LRB9010387RCdv
1 or
2 (d) Sells or gives any firearm to any person who has
3 been convicted of a felony under the laws of this or any
4 other jurisdiction; or
5 (e) Sells or gives any firearm to any person who has
6 been a patient in a mental hospital within the past 5 years;
7 or
8 (f) Sells or gives any firearms to any person who is
9 mentally retarded; or
10 (g) Delivers any firearm of a size which may be
11 concealed upon the person, incidental to a sale, without
12 withholding delivery of such firearm for at least 72 hours
13 after application for its purchase has been made, or delivers
14 any rifle, shotgun or other long gun, incidental to a sale,
15 without withholding delivery of such rifle, shotgun or other
16 long gun for at least 24 hours after application for its
17 purchase has been made. However, this paragraph shall not
18 apply to: (1) the sale of a firearm to a law enforcement
19 officer or a person who desires to purchase a firearm for use
20 in promoting the public interest incident to his employment
21 as a bank guard, armed truck guard, or other similar
22 employment; or (2) a mail order sale of a firearm to a
23 nonresident of Illinois under which the firearm is mailed to
24 a point outside the boundaries of Illinois; or (3) the sale
25 of a firearm to a nonresident of Illinois while at a firearm
26 showing or display recognized by the Illinois Department of
27 State Police; or (4) the sale of a firearm to a dealer
28 licensed under the Federal Firearms Act of the United States;
29 or
30 (h) While holding any license under the Federal "Gun
31 Control Act of 1968", as amended, as a dealer, importer,
32 manufacturer or pawnbroker; manufactures, sells or delivers
33 to any unlicensed person a handgun having a barrel, slide,
34 frame or receiver which is a die casting of zinc alloy or any
-4- LRB9010387RCdv
1 other nonhomogeneous metal which will melt or deform at a
2 temperature of less than 800 degrees Fahrenheit. For purposes
3 of this paragraph, (1) "firearm" is defined as in "An Act
4 relating to the acquisition, possession and transfer of
5 firearms and firearm ammunition, to provide a penalty for the
6 violation thereof and to make an appropriation in connection
7 therewith", approved August 3, 1967, as amended; (2)
8 "handgun" is defined as a firearm designed to be held and
9 fired by the use of a single hand, and includes a combination
10 of parts from which a firearm can be assembled; or
11 (i) Sells or gives a firearm of any size to any person
12 under 18 years of age who does not possess a valid Firearm
13 Owner's Identification Card.
14 (j) Paragraph (h) of this Section shall not include
15 firearms sold within 6 months after enactment of this
16 amendatory Act of 1973, nor shall any firearm legally owned
17 or possessed by any citizen or purchased by any citizen
18 within 6 months after the enactment of this amendatory Act of
19 1973 be subject to confiscation or seizure under the
20 provisions of this amendatory Act of 1973. Nothing in this
21 amendatory Act of 1973 shall be construed to prohibit the
22 gift or trade of any firearm if that firearm was legally held
23 or acquired within 6 months after the enactment of this
24 amendatory Act of 1973.
25 (k) Sentence.
26 Any person convicted of unlawful sale of firearms in
27 violation of paragraphs (b) through (h) commits a Class 4
28 felony.
29 Any person convicted of unlawful sale of firearms in
30 violation of paragraph (a) or (i) commits a Class 3 felony.
31 Any person convicted of unlawful sale of firearms in
32 violation of paragraph (a) or (i) in any school, regardless
33 of the time of day or the time of year, in residential
34 property owned, operated, and managed by a public housing
-5- LRB9010387RCdv
1 agency, in a public park, in a courthouse, on the real
2 property comprising any school, regardless of the time of day
3 or the time of year, on residential property owned, operated,
4 and managed by a public housing agency, on the real property
5 comprising any public park, on the real property comprising
6 any courthouse, in any conveyance owned, leased, or
7 contracted by a school to transport students to or from
8 school or a school related activity, or on any public way
9 within 1,000 feet of the real property comprising any school,
10 public park, courthouse, or residential property owned,
11 operated, and managed by a public housing agency commits a
12 Class 2 felony.
13 (1) This Section applies to any sale or gift of a
14 firearm, including the sale or gift of a firearm at a gun
15 show as defined in Section 1.1 of the Firearm Owners
16 Identification Card Act.
17 (Source: P.A. 88-680, eff. 1-1-95.)
18 (720 ILCS 5/24-4) (from Ch. 38, par. 24-4)
19 Sec. 24-4. Register of sales by dealer.
20 (a) Any seller of firearms of a size which may be
21 concealed upon the person, including the seller of firearms
22 at a gun show as defined in Section 1.1 of the Firearm Owners
23 Identification Card Act, other than a manufacturer selling to
24 a bona fide wholesaler or retailer or a wholesaler selling to
25 a bona fide retailer, shall keep a register of all firearms
26 sold or given away.
27 (b) Such register shall contain the date of the sale or
28 gift, the name, address, age and occupation of the person to
29 whom the weapon is sold or given, the price of the weapon,
30 the kind, description and number of the weapon, and the
31 purpose for which it is purchased and obtained.
32 (c) Such seller on demand of a peace officer shall
33 produce for inspection the register and allow such peace
-6- LRB9010387RCdv
1 officer to inspect such register and all stock on hand.
2 (d) Sentence.
3 Violation of this Section is a Class B misdemeanor.
4 (Source: P.A. 77-2638.)