Public Act 93-0162
HB1377 Enrolled LRB093 03864 RLC 09994 b
AN ACT in relation to criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Criminal Code of 1961 is amended by
changing Section 24-3 as follows:
(720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
Sec. 24-3. Unlawful Sale of Firearms.
(A) A person commits the offense of unlawful sale of
firearms when he or she knowingly does any of the following:
(a) Sells or gives any firearm of a size which may
be concealed upon the person to any person under 18 years
of age.
(b) Sells or gives any firearm to a person under 21
years of age who has been convicted of a misdemeanor
other than a traffic offense or adjudged delinquent.
(c) Sells or gives any firearm to any narcotic
addict.
(d) Sells or gives any firearm to any person who
has been convicted of a felony under the laws of this or
any other jurisdiction.
(e) Sells or gives any firearm to any person who
has been a patient in a mental hospital within the past 5
years.
(f) Sells or gives any firearms to any person who
is mentally retarded.
(g) Delivers any firearm of a size which may be
concealed upon the person, incidental to a sale, without
withholding delivery of such firearm for at least 72
hours after application for its purchase has been made,
or delivers any rifle, shotgun or other long gun,
incidental to a sale, without withholding delivery of
such rifle, shotgun or other long gun for at least 24
hours after application for its purchase has been made.
However, this paragraph (g) does not apply to: (1) the
sale of a firearm to a law enforcement officer or a
person who desires to purchase a firearm for use in
promoting the public interest incident to his or her
employment as a bank guard, armed truck guard, or other
similar employment; (2) a mail order sale of a firearm to
a nonresident of Illinois under which the firearm is
mailed to a point outside the boundaries of Illinois; (3)
the sale of a firearm to a nonresident of Illinois while
at a firearm showing or display recognized by the
Illinois Department of State Police; or (4) the sale of a
firearm to a dealer licensed as a federal firearms dealer
under Section 923 of the federal Gun Control Act of 1968
(18 U.S.C. 923) under the Federal Firearms Act of the
United States.
(h) While holding any license as a dealer,
importer, manufacturer or pawnbroker under the federal
Gun Control Act of 1968, manufactures, sells or delivers
to any unlicensed person a handgun having a barrel,
slide, frame or receiver which is a die casting of zinc
alloy or any other nonhomogeneous metal which will melt
or deform at a temperature of less than 800 degrees
Fahrenheit. For purposes of this paragraph, (1)
"firearm" is defined as in the Firearm Owners
Identification Card Act; and (2) "handgun" is defined as
a firearm designed to be held and fired by the use of a
single hand, and includes a combination of parts from
which such a firearm can be assembled.
(i) Sells or gives a firearm of any size to any
person under 18 years of age who does not possess a valid
Firearm Owner's Identification Card.
(j) Sells or gives a firearm while engaged in the
business of selling firearms at wholesale or retail
without being licensed as a federal firearms dealer under
Section 923 of the federal Gun Control Act of 1968 (18
U.S.C. 923). In this paragraph (j):
A person "engaged in the business" means a person
who devotes time, attention, and labor to engaging in the
activity as a regular course of trade or business with
the principal objective of livelihood and profit, but
does not include a person who makes occasional repairs of
firearms or who occasionally fits special barrels,
stocks, or trigger mechanisms to firearms.
"With the principal objective of livelihood and
profit" means that the intent underlying the sale or
disposition of firearms is predominantly one of obtaining
livelihood and pecuniary gain, as opposed to other
intents, such as improving or liquidating a personal
firearms collection; however, proof of profit shall not
be required as to a person who engages in the regular and
repetitive purchase and disposition of firearms for
criminal purposes or terrorism.
(B) Paragraph (h) of subsection (A) does not include
firearms sold within 6 months after enactment of Public Act
78-355 (approved August 21, 1973, effective October 1, 1973),
nor is any firearm legally owned or possessed by any citizen
or purchased by any citizen within 6 months after the
enactment of Public Act 78-355 subject to confiscation or
seizure under the provisions of that Public Act. Nothing in
Public Act 78-355 shall be construed to prohibit the gift or
trade of any firearm if that firearm was legally held or
acquired within 6 months after the enactment of that Public
Act.
(C) Sentence.
(1) Any person convicted of unlawful sale of
firearms in violation of any of paragraphs (c) through
(h) of subsection (A) commits a Class 4 felony.
(2) Any person convicted of unlawful sale of
firearms in violation of paragraph (b) or (i) of
subsection (A) commits a Class 3 felony.
(3) Any person convicted of unlawful sale of
firearms in violation of paragraph (a) of subsection (A)
commits a Class 2 felony.
(4) Any person convicted of unlawful sale of
firearms in violation of paragraph (a), (b), or (i) of
subsection (A) in any school, on the real property
comprising a school, within 1,000 feet of the real
property comprising a school, at a school related
activity, or on or within 1,000 feet of any conveyance
owned, leased, or contracted by a school or school
district to transport students to or from school or a
school related activity, regardless of the time of day or
time of year at which the offense was committed, commits
a Class 1 felony. Any person convicted of a second or
subsequent violation of unlawful sale of firearms in
violation of paragraph (a), (b), or (i) of subsection (A)
in any school, on the real property comprising a school,
within 1,000 feet of the real property comprising a
school, at a school related activity, or on or within
1,000 feet of any conveyance owned, leased, or contracted
by a school or school district to transport students to
or from school or a school related activity, regardless
of the time of day or time of year at which the offense
was committed, commits a Class 1 felony for which the
sentence shall be a term of imprisonment of no less than
5 years and no more than 15 years.
(5) Any person convicted of unlawful sale of
firearms in violation of paragraph (a) or (i) of
subsection (A) in residential property owned, operated,
or managed by a public housing agency or leased by a
public housing agency as part of a scattered site or
mixed-income development, in a public park, in a
courthouse, on residential property owned, operated, or
managed by a public housing agency or leased by a public
housing agency as part of a scattered site or
mixed-income development, on the real property comprising
any public park, on the real property comprising any
courthouse, or on any public way within 1,000 feet of the
real property comprising any public park, courthouse, or
residential property owned, operated, or managed by a
public housing agency or leased by a public housing
agency as part of a scattered site or mixed-income
development commits a Class 2 felony.
(6) Any person convicted of unlawful sale of
firearms in violation of paragraph (j) of subsection (A)
commits a Class A misdemeanor. A second or subsequent
violation is a Class 4 felony.
(D) For purposes of this Section:
"School" means a public or private elementary or
secondary school, community college, college, or university.
"School related activity" means any sporting, social,
academic, or other activity for which students' attendance or
participation is sponsored, organized, or funded in whole or
in part by a school or school district.
(Source: P.A. 91-12, eff. 1-1-00; 91-673, eff. 12-22-99;
91-696, eff. 4-13-00.)
Section 99. Effective date. This Act takes effect upon
becoming law.