Public Act 93-0162

HB1377 Enrolled                      LRB093 03864 RLC 09994 b

    AN ACT in relation to criminal law.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  5.   The  Criminal  Code  of  1961 is amended by
changing Section 24-3 as follows:

    (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
    Sec. 24-3.  Unlawful Sale of Firearms.
    (A)  A person commits the offense  of  unlawful  sale  of
firearms when he or she knowingly does any of the following:
         (a)  Sells  or gives any firearm of a size which may
    be concealed upon the person to any person under 18 years
    of age.
         (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.
         (c)  Sells  or  gives  any  firearm  to any narcotic
    addict.
         (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.
         (e)  Sells or gives any firearm to  any  person  who
    has been a patient in a mental hospital within the past 5
    years.
         (f)  Sells  or  gives any firearms to any person who
    is 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,
    incidental to a sale,  without  withholding  delivery  of
    such  rifle,  shotgun  or  other long gun 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  or  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)  under  the Federal Firearms Act of the
    United States.
         (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.
    (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.
    (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.
(Source: P.A. 91-12,  eff.  1-1-00;  91-673,  eff.  12-22-99;
91-696, eff. 4-13-00.)

    Section  99.  Effective date.  This Act takes effect upon
becoming law.