State of Illinois
90th General Assembly
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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.)

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