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| [ Senate Amendment 001 ] |
90_SB0686
720 ILCS 5/24-3 from Ch. 38, par. 24-3
Amends the Criminal Code of 1961. Provides that it is
unlawful to sell or give a firearm to a person who is visibly
intoxicated or incoherent or to a person who has been
convicted of misdemeanor endangering the life or health of a
child. Penalty is a Class 4 felony.
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1 AN ACT to amend the Criminal Code of 1961 by changing
2 Section 24-3.
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 as follows:
7 (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
8 Sec. 24-3. Unlawful Sale of Firearms. A person commits
9 the offense of unlawful sale of firearms when he knowingly:
10 (a) Sells or gives any firearm of a size which may be
11 concealed upon the person to any person under 18 years of
12 age; or
13 (b) Sells or gives any firearm to a person under 21
14 years of age who has been convicted of a misdemeanor other
15 than a traffic offense or adjudged delinquent; or
16 (c) Sells or gives any firearm to any narcotic addict;
17 or
18 (d) Sells or gives any firearm to any person who has
19 been convicted of a felony under the laws of this or any
20 other jurisdiction; or
21 (e) Sells or gives any firearm to any person who has
22 been a patient in a mental hospital within the past 5 years;
23 or
24 (f) Sells or gives any firearms to any person who is
25 mentally retarded; or
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 hours
29 after application for its purchase has been made, or delivers
30 any rifle, shotgun or other long gun, incidental to a sale,
31 without withholding delivery of such rifle, shotgun or other
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1 long gun for at least 24 hours after application for its
2 purchase has been made. However, this paragraph shall not
3 apply to: (1) the sale of a firearm to a law enforcement
4 officer or a person who desires to purchase a firearm for use
5 in promoting the public interest incident to his employment
6 as a bank guard, armed truck guard, or other similar
7 employment; or (2) a mail order sale of a firearm to a
8 nonresident of Illinois under which the firearm is mailed to
9 a point outside the boundaries of Illinois; or (3) the sale
10 of a firearm to a nonresident of Illinois while at a firearm
11 showing or display recognized by the Illinois Department of
12 State Police; or (4) the sale of a firearm to a dealer
13 licensed under the Federal Firearms Act of the United States;
14 or
15 (h) While holding any license under the Federal "Gun
16 Control Act of 1968", as amended, as a dealer, importer,
17 manufacturer or pawnbroker; manufactures, sells or delivers
18 to any unlicensed person a handgun having a barrel, slide,
19 frame or receiver which is a die casting of zinc alloy or any
20 other nonhomogeneous metal which will melt or deform at a
21 temperature of less than 800 degrees Fahrenheit. For purposes
22 of this paragraph, (1) "firearm" is defined as in "An Act
23 relating to the acquisition, possession and transfer of
24 firearms and firearm ammunition, to provide a penalty for the
25 violation thereof and to make an appropriation in connection
26 therewith", approved August 3, 1967, as amended; (2)
27 "handgun" is defined as a firearm designed to be held and
28 fired by the use of a single hand, and includes a combination
29 of parts from which a firearm can be assembled; or
30 (i) Sells or gives a firearm of any size to any person
31 under 18 years of age who does not possess a valid Firearm
32 Owner's Identification Card; or .
33 (i-5) Sells or gives a firearm to a person who is
34 visibly intoxicated or incoherent; or
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1 (i-6) Sells or gives a firearm to a person who has been
2 convicted of a violation of Section 12-21.6 of this Code.
3 (j) Paragraph (h) of this Section shall not include
4 firearms sold within 6 months after enactment of this
5 amendatory Act of 1973, nor shall any firearm legally owned
6 or possessed by any citizen or purchased by any citizen
7 within 6 months after the enactment of this amendatory Act of
8 1973 be subject to confiscation or seizure under the
9 provisions of this amendatory Act of 1973. Nothing in this
10 amendatory Act of 1973 shall be construed to prohibit the
11 gift or trade of any firearm if that firearm was legally held
12 or acquired within 6 months after the enactment of this
13 amendatory Act of 1973.
14 (k) Sentence.
15 Any person convicted of unlawful sale of firearms in
16 violation of paragraphs (b) through (h) or paragraph (i-5) or
17 (i-6) commits a Class 4 felony.
18 Any person convicted of unlawful sale of firearms in
19 violation of paragraph (a) or (i) commits a Class 3 felony.
20 Any person convicted of unlawful sale of firearms in
21 violation of paragraph (a) or (i) in any school, regardless
22 of the time of day or the time of year, in residential
23 property owned, operated, and managed by a public housing
24 agency, in a public park, in a courthouse, on the real
25 property comprising any school, regardless of the time of day
26 or the time of year, on residential property owned, operated,
27 and managed by a public housing agency, on the real property
28 comprising any public park, on the real property comprising
29 any courthouse, in any conveyance owned, leased, or
30 contracted by a school to transport students to or from
31 school or a school related activity, or on any public way
32 within 1,000 feet of the real property comprising any school,
33 public park, courthouse, or residential property owned,
34 operated, and managed by a public housing agency commits a
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1 Class 2 felony.
2 (Source: P.A. 88-680, eff. 1-1-95.)