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91_HB0228
LRB9101243RCks
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 transfer Sale of firearms. A person
9 commits the offense of unlawful transfer sale of firearms
10 when he or she knowingly:
11 (a) Transfers or possesses with intent to transfer Sells
12 or gives any firearm of a size which may be concealed upon
13 the person to any person he or she has reasonable cause to
14 believe is under 18 years of age; or
15 (b) Transfers or possesses with intent to transfer Sells
16 or gives any firearm to a person he or she has reasonable
17 cause to believe is under 18 years of age; or under 21 years
18 of age who has been convicted of a misdemeanor other than a
19 traffic offense or adjudged delinquent; or
20 (c) Transfers or possesses with intent to transfer Sells
21 or gives any firearm to any person he or she has reasonable
22 cause to believe is a narcotic addict; or
23 (d) Transfers or possesses with intent to transfer Sells
24 or gives any firearm to any person he or she has reasonable
25 cause to believe who has been convicted of a felony under the
26 laws of this or any other jurisdiction; or
27 (e) Transfers or possesses with intent to transfer Sells
28 or gives any firearm to any person he or she has reasonable
29 cause to believe who has been a patient in a mental hospital
30 within the past 5 years; or
31 (f) Transfers or possesses with intent to transfer Sells
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1 or gives any firearms to any person he or she knows or has
2 reasonable cause to believe who is mentally retarded; or
3 (g) Knowingly transfers Delivers any firearm of a size
4 which may be concealed upon the person, incidental to a sale,
5 without withholding delivery of such firearm for at least 72
6 hours after application for its purchase has been made, or
7 delivers any rifle, shotgun or other long gun, incidental to
8 a sale, without withholding delivery of such rifle, shotgun
9 or other long gun for at least 24 hours after application for
10 its purchase has been made. However, this paragraph shall not
11 apply to: (1) the sale of a firearm to a law enforcement
12 officer or a person who desires to purchase a firearm for use
13 in promoting the public interest incident to his employment
14 as a bank guard, armed truck guard, or other similar
15 employment; or (2) a mail order sale of a firearm to a
16 nonresident of Illinois under which the firearm is mailed to
17 a point outside the boundaries of Illinois; or (3) the sale
18 of a firearm to a nonresident of Illinois while at a firearm
19 showing or display recognized by the Illinois Department of
20 State Police; or (4) the sale of a firearm to a dealer
21 licensed under the Federal Firearms Act of the United States;
22 or
23 (h) While holding any license under the Federal "Gun
24 Control Act of 1968", as amended, as a dealer, importer,
25 manufacturer or pawnbroker; knowingly manufactures, sells or
26 delivers to any unlicensed person a handgun having a barrel,
27 slide, frame or receiver which is a die casting of zinc alloy
28 or any other nonhomogeneous metal which will melt or deform
29 at a temperature of less than 800 degrees Fahrenheit. For
30 purposes of this paragraph, (1) "firearm" is defined as in
31 the Firearm Owners Identification Card Act; "An Act relating
32 to the acquisition, possession and transfer of firearms and
33 firearm ammunition, to provide a penalty for the violation
34 thereof and to make an appropriation in connection
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1 therewith", approved August 3, 1967, as amended; (2)
2 "handgun" is defined as a firearm designed to be held and
3 fired by the use of a single hand, and includes a combination
4 of parts from which a firearm can be assembled; or
5 (i) Transfers or possesses with intent to transfer Sells
6 or gives a firearm of any size to any person he or she knows
7 or has reasonable cause to believe is under 18 years of age
8 who does not possess a valid Firearm Owner's Identification
9 Card; or .
10 (i-5) Transfers or possesses with intent to transfer
11 more than one firearm to any person within any 30 day period
12 or transfers or possesses with intent to transfer a firearm
13 to any person he or she knows or has reasonable cause to
14 believe has purchased or has been given a firearm within the
15 previous 30 days; or
16 (i-10) Transfers or possesses with intent to transfer a
17 firearm to any person he or she knows or has reasonable cause
18 to believe resides in a municipality or county in which
19 possession of that type of firearm is illegal; or
20 (i-15) Transfers or possesses with intent to transfer a
21 firearm to any person he or she knows or has reasonable cause
22 to believe resides in a municipality or county that requires
23 registration of a firearm, unless the transferee presents
24 satisfactory evidence of compliance with the registration
25 requirement; or
26 (i-20) Transfers or possesses with intent to transfer a
27 firearm to a person he or she knows or has reasonable cause
28 to believe is not receiving the firearm for the person's own
29 possession and use; or
30 (i-25) Transfers or possesses with intent to transfer a
31 firearm to any person he or she knows or has reasonable cause
32 to believe intends to use or transfer the firearm unlawfully.
33
34 (j) Paragraph (h) of this Section shall not include
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1 firearms sold within 6 months after enactment of this
2 amendatory Act of 1973, nor shall any firearm legally owned
3 or possessed by any citizen or purchased by any citizen
4 within 6 months after the enactment of this amendatory Act of
5 1973 be subject to confiscation or seizure under the
6 provisions of this amendatory Act of 1973. Nothing in this
7 amendatory Act of 1973 shall be construed to prohibit the
8 gift or trade of any firearm if that firearm was legally held
9 or acquired within 6 months after the enactment of this
10 amendatory Act of 1973.
11 (k) Sentence.
12 Any person convicted of unlawful transfer sale of
13 firearms in violation of paragraph (c), (e), (f), (g), or
14 paragraphs (b) through (h) commits a Class 4 felony.
15 Any person convicted of unlawful transfer sale of
16 firearms in violation of paragraph (a), (b), or (i), (i-5),
17 (i-10), (i-15), (i-20), or (i-25) commits a Class 3 felony.
18 Any person convicted of unlawful transfer 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 A person convicted of unlawful transfer of firearms in
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1 violation of paragraph (d) commits a Class 2 felony.
2 (Source: P.A. 88-680, eff. 1-1-95.)