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91_HB1196
LRB9103699RCks
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
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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; or (2) a mail order sale of a firearm to a
8 nonresident of Illinois under which the firearm is mailed to
9 a point outside the boundaries of Illinois; or (3) the sale
10 of a firearm to a nonresident of Illinois while at a firearm
11 showing or display recognized by the Illinois Department of
12 State Police; or (4) the sale of a firearm to a dealer
13 licensed under the Federal Firearms Act of the United States;
14 or
15 (h) While holding any license under the Federal "Gun
16 Control Act of 1968", as amended, as a dealer, importer,
17 manufacturer or pawnbroker; manufactures, sells or delivers
18 to any unlicensed person a handgun having a barrel, slide,
19 frame or receiver which is a die casting of zinc alloy or any
20 other nonhomogeneous metal which will melt or deform at a
21 temperature of less than 800 degrees Fahrenheit. For purposes
22 of this paragraph, (1) "firearm" is defined as in "An Act
23 relating to the acquisition, possession and transfer of
24 firearms and firearm ammunition, to provide a penalty for the
25 violation thereof and to make an appropriation in connection
26 therewith", approved August 3, 1967, as amended; (2)
27 "handgun" is defined as a firearm designed to be held and
28 fired by the use of a single hand, and includes a combination
29 of parts from which a firearm can be assembled; or
30 (i) Sells or gives a firearm of any size to any person
31 under 18 years of age who does not possess a valid Firearm
32 Owner's Identification Card.
33 (j) Paragraph (h) of this Section shall not include
34 firearms sold within 6 months after enactment of this
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1 amendatory Act of 1973, nor shall any firearm legally owned
2 or possessed by any citizen or purchased by any citizen
3 within 6 months after the enactment of this amendatory Act of
4 1973 be subject to confiscation or seizure under the
5 provisions of this amendatory Act of 1973. Nothing in this
6 amendatory Act of 1973 shall be construed to prohibit the
7 gift or trade of any firearm if that firearm was legally held
8 or acquired within 6 months after the enactment of this
9 amendatory Act of 1973.
10 (k) Sentence.
11 (1) Any person convicted of unlawful sale of
12 firearms in violation of paragraphs (c) (b) through (h)
13 commits a Class 4 felony.
14 (2) Any person convicted of unlawful sale of
15 firearms in violation of paragraph (b) or (i) commits a
16 Class 3 felony.
17 (3) Any person convicted of unlawful sale of
18 firearms in violation of paragraph (a) or (i) commits a
19 Class 2 3 felony.
20 (4) Any person convicted of unlawful sale of
21 firearms in violation of paragraph (a), (b), or (i) in
22 any school, on the real property comprising a school,
23 within 1,000 feet of the real property comprising a
24 school, at a school related activity, or on or within
25 1,000 feet of any conveyance owned, leased, or contracted
26 by a school or school district to transport students to
27 or from school or a school related activity regardless of
28 the time of day or time of year that the offense was
29 committed commits a Class 1 felony. Any person convicted
30 of a second or subsequent violation of unlawful sale of
31 firearms in violation of paragraph (a), (b), or (i) in
32 any school, on the real property comprising a school,
33 within 1,000 feet of the real property comprising a
34 school, at a school related activity, or on or within
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1 1,000 feet of any conveyance owned, leased, or contracted
2 by a school or school district to transport students to
3 or from school or a school related activity regardless of
4 the time of day or time of year that the offense was
5 committed commits a Class 1 felony for which the sentence
6 shall be a term of imprisonment of no less than 5 years
7 and no more than 15 years.
8 (5) Any person convicted of unlawful sale of
9 firearms in violation of paragraph (a) or (i) in any
10 school, regardless of the time of day or the time of
11 year, in residential property owned, operated, or and
12 managed by a public housing agency, in a public park, in
13 a courthouse, on the real property comprising any school,
14 regardless of the time of day or the time of year, on
15 residential property owned, operated, or and managed by a
16 public housing agency, on the real property comprising
17 any public park, on the real property comprising any
18 courthouse, in any conveyance owned, leased, or
19 contracted by a school to transport students to or from
20 school or a school related activity, or on any public way
21 within 1,000 feet of the real property comprising any
22 school, public park, courthouse, or residential property
23 owned, operated, or and managed by a public housing
24 agency commits a Class 2 felony.
25 (6) For purposes of this Section:
26 "School" means a public or private elementary
27 or secondary school, community college, college, or
28 university.
29 "School related activity" means any sporting,
30 social, academic, or other activity for which
31 students' attendance or participation is sponsored,
32 organized, or funded in whole or in part by a school
33 or school district.
34 (Source: P.A. 88-680, eff. 1-1-95.)