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91_HB0574eng HB0574 Engrossed LRB9100177RCksA 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 HB0574 Engrossed -2- LRB9100177RCksA 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; the Department of State Police shall provide 8 standardized blank forms to be used in each sale and purchase 9 of firearms under this clause (1); or (2) a mail order sale 10 of a firearm to a nonresident of Illinois under which the 11 firearm is mailed to a point outside the boundaries of 12 Illinois; or (3) the sale of a firearm to a nonresident of 13 Illinois while at a firearm showing or display recognized by 14 the Illinois Department of State Police; or (4) the sale of a 15 firearm to a dealer licensed under the Federal Firearms Act 16 of the United States; or 17 (h) While holding any license under the Federal "Gun 18 Control Act of 1968", as amended, as a dealer, importer, 19 manufacturer or pawnbroker; manufactures, sells or delivers 20 to any unlicensed person a handgun having a barrel, slide, 21 frame or receiver which is a die casting of zinc alloy or any 22 other nonhomogeneous metal which will melt or deform at a 23 temperature of less than 800 degrees Fahrenheit. For purposes 24 of this paragraph, (1) "firearm" is defined as in "An Act 25 relating to the acquisition, possession and transfer of 26 firearms and firearm ammunition, to provide a penalty for the 27 violation thereof and to make an appropriation in connection 28 therewith", approved August 3, 1967, as amended; (2) 29 "handgun" is defined as a firearm designed to be held and 30 fired by the use of a single hand, and includes a combination 31 of parts from which a firearm can be assembled; or 32 (i) Sells or gives a firearm of any size to any person 33 under 18 years of age who does not possess a valid Firearm 34 Owner's Identification Card. HB0574 Engrossed -3- LRB9100177RCksA 1 (j) Paragraph (h) of this Section shall not include 2 firearms sold within 6 months after enactment of this 3 amendatory Act of 1973, nor shall any firearm legally owned 4 or possessed by any citizen or purchased by any citizen 5 within 6 months after the enactment of this amendatory Act of 6 1973 be subject to confiscation or seizure under the 7 provisions of this amendatory Act of 1973. Nothing in this 8 amendatory Act of 1973 shall be construed to prohibit the 9 gift or trade of any firearm if that firearm was legally held 10 or acquired within 6 months after the enactment of this 11 amendatory Act of 1973. 12 (k) Sentence. 13 Any person convicted of unlawful sale of firearms in 14 violation of paragraphs (b) through (h) commits a Class 4 15 felony. 16 Any person convicted of unlawful sale of firearms in 17 violation of paragraph (a) or (i) commits a Class 3 felony. 18 Any person convicted of unlawful sale of firearms in 19 violation of paragraph (a) or (i) in any school, regardless 20 of the time of day or the time of year, in residential 21 property owned, operated, and managed by a public housing 22 agency, in a public park, in a courthouse, on the real 23 property comprising any school, regardless of the time of day 24 or the time of year, on residential property owned, operated, 25 and managed by a public housing agency, on the real property 26 comprising any public park, on the real property comprising 27 any courthouse, in any conveyance owned, leased, or 28 contracted by a school to transport students to or from 29 school or a school related activity, or on any public way 30 within 1,000 feet of the real property comprising any school, 31 public park, courthouse, or residential property owned, 32 operated, and managed by a public housing agency commits a 33 Class 2 felony. 34 (Source: P.A. 88-680, eff. 1-1-95.)