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91_HB1196eng HB1196 Engrossed 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 HB1196 Engrossed -2- LRB9103699RCks 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 HB1196 Engrossed -3- LRB9103699RCks 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 23felony. 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 HB1196 Engrossed -4- LRB9103699RCks 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 any10school, regardless of the time of day or the time of11year,in residential property owned, operated, orand12 managed by a public housing agency, in a public park, in 13 a courthouse,on the real property comprising any school,14regardless of the time of day or the time of year,on 15 residential property owned, operated, orandmanaged 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, or19contracted by a school to transport students to or from20school or a school related activity,or on any public way 21 within 1,000 feet of the real property comprising any 22school,public park, courthouse, or residential property 23 owned, operated, orandmanaged 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.)