|
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, 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
|
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.
|
(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.
|
(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.
|
(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. |
(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.
|
(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:
|
"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.
|
(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.
|
(Source: P.A. 94-6, eff. 1-1-06; 94-284, eff. 7-21-05; 95-331, |
eff. 8-21-07.)
|
Section 99. Effective date. This Act takes effect upon |
becoming law.
|