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| Public Act 095-0735 |
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Criminal Code of 1961 is amended by changing | ||||
Section 24-3 as follows:
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(720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
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Sec. 24-3. Unlawful Sale of Firearms.
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(A) A person commits the offense of unlawful sale of | ||||
firearms when he
or she knowingly does any of the following:
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(a) Sells or gives any firearm of a size which may be | ||||
concealed upon the
person to any person under 18 years of | ||||
age.
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(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.
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(c) Sells or gives any firearm to any narcotic addict.
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(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.
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(e) Sells or gives any firearm to any person who has | ||||
been a patient in a
mental hospital within the past 5 | ||||
years.
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(f) Sells or gives any firearms to any person who is | ||||
mentally
retarded.
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(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
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delivers any rifle, shotgun or other long gun, or a stun | ||
gun or taser, incidental to a sale,
without withholding | ||
delivery of such rifle, shotgun or other long gun, or a | ||
stun gun or taser 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 if the seller of the firearm knows that | ||
the person to whom he or she is selling the firearm is a | ||
law enforcement officer or the sale of a firearm to 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
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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). For purposes of this paragraph (g), | ||
"application" means when the buyer and seller reach an | ||
agreement to purchase a firearm.
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(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)
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"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.
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(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.
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(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):
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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
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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.
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"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.
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(k) Sells or transfers ownership of a firearm to a | ||
person who does not display to the seller or transferor of | ||
the firearm a currently valid Firearm Owner's | ||
Identification Card that has previously been issued in the | ||
transferee's name by the Department of State Police under | ||
the provisions of the Firearm Owners Identification Card | ||
Act. This paragraph (k) does not apply to the transfer of a | ||
firearm to a person who is exempt from the requirement of | ||
possessing a Firearm Owner's Identification Card under | ||
Section 2 of the Firearm Owners Identification Card Act. | ||
For the purposes of this Section, a currently valid Firearm | ||
Owner's Identification Card means (i) a Firearm Owner's | ||
Identification Card that has not expired or (ii) if the | ||
transferor is licensed as a federal firearms dealer under | ||
Section 923 of the federal Gun Control Act of 1968 (18 | ||
U.S.C. 923), an approval number issued in accordance with | ||
Section 3.1 of the Firearm Owners Identification Card Act | ||
shall be proof that the Firearm Owner's Identification Card | ||
was valid. | ||
(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.
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(C) Sentence.
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(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.
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(2) Any person convicted of unlawful sale of firearms | ||
in violation of
paragraph (b) or (i) of subsection (A) | ||
commits a Class 3 felony.
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(3) Any person convicted of unlawful sale of firearms | ||
in violation of
paragraph (a) of subsection (A) commits a | ||
Class 2 felony.
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(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
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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.
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(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
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commits a
Class 2 felony.
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(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. | ||
(7) Any person convicted of unlawful sale of firearms | ||
in violation of paragraph (k) of subsection (A) commits a | ||
Class 4 felony. A third or subsequent conviction for a | ||
violation of paragraph (k) of subsection (A) is a Class 1 | ||
felony.
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(8) A person 18 years of age or older convicted of | ||
unlawful sale of firearms in violation of paragraph (a) or | ||
(i) of subsection (A), when the firearm that was sold or | ||
given to another person under 18 years of age was used in | ||
the commission of or attempt to commit a forcible felony, | ||
shall be fined or imprisoned, or both, not to exceed the | ||
maximum provided for the most serious forcible felony so | ||
committed or attempted by the person under 18 years of age | ||
who was sold or given the firearm. | ||
(D) For purposes of this Section:
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"School" means a public or private elementary or secondary | ||
school,
community college, college, or university.
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"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.
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(E) A prosecution for a violation of paragraph (k) of | ||
subsection (A) of this Section may be commenced within 6 years | ||
after the commission of the offense. A prosecution for a | ||
violation of this Section other than paragraph (g) of | ||
subsection (A) of this Section may be commenced within 5 years | ||
after the commission of the offense defined in the particular | ||
paragraph.
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(Source: P.A. 94-6, eff. 1-1-06; 94-284, eff. 7-21-05; 95-331, | ||
eff. 8-21-07.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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