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1 | AN ACT in relation to criminal law.
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2 | Be it enacted by the People of the State of Illinois, | ||||||||||||||||||||||||||
3 | represented in the General Assembly:
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4 | Section 5. The Criminal Code of 1961 is amended by changing | ||||||||||||||||||||||||||
5 | Sections
24-3 and 37-1 as follows:
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6 | (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
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7 | Sec. 24-3. Unlawful Sale of Firearms.
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8 | (A) A person commits the offense of unlawful sale of | ||||||||||||||||||||||||||
9 | firearms when he
or she knowingly does any of the following:
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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.
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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.
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16 | (c) Sells or gives any firearm to any narcotic addict.
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17 | (d) Sells or gives any firearm to any person who has | ||||||||||||||||||||||||||
18 | been convicted of a
felony under the laws of this or any | ||||||||||||||||||||||||||
19 | other jurisdiction.
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20 | (e) Sells or gives any firearm to any person who has | ||||||||||||||||||||||||||
21 | been a patient in a
mental hospital within the past 5 | ||||||||||||||||||||||||||
22 | years.
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23 | (f) Sells or gives any firearms to any person who is | ||||||||||||||||||||||||||
24 | mentally
retarded.
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25 | (g) Delivers any firearm of a size which may be | ||||||||||||||||||||||||||
26 | concealed upon the
person, incidental to a sale, without | ||||||||||||||||||||||||||
27 | withholding delivery of such firearm
for at least 72 hours | ||||||||||||||||||||||||||
28 | after application for its purchase has been made, or
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29 | delivers any rifle, shotgun or other long gun, incidental | ||||||||||||||||||||||||||
30 | to a sale,
without withholding delivery of such rifle, | ||||||||||||||||||||||||||
31 | shotgun or other long gun for
at least 24 hours after | ||||||||||||||||||||||||||
32 | application for its purchase has been made. However,
this |
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1 | paragraph (g) does not apply to: (1) the sale of a firearm
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2 | to a law enforcement officer or a person who desires to | ||||||
3 | purchase a firearm for
use in promoting the public interest | ||||||
4 | incident to his or her employment as a
bank guard, armed | ||||||
5 | truck guard, or other similar employment; (2) a mail
order | ||||||
6 | sale of a firearm to a nonresident of Illinois under which | ||||||
7 | the firearm
is mailed to a point outside the boundaries of | ||||||
8 | Illinois; (3) the sale
of a firearm to a nonresident of | ||||||
9 | Illinois while at a firearm showing or display
recognized | ||||||
10 | by the Illinois Department of State Police; or (4) the sale | ||||||
11 | of a
firearm to a dealer licensed as a federal firearms | ||||||
12 | dealer under Section 923
of the federal Gun Control Act of | ||||||
13 | 1968 (18 U.S.C. 923).
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14 | (h) While holding any license
as a dealer,
importer, | ||||||
15 | manufacturer or pawnbroker
under the federal Gun Control | ||||||
16 | Act of 1968,
manufactures, sells or delivers to any | ||||||
17 | unlicensed person a handgun having
a barrel, slide, frame | ||||||
18 | or receiver which is a die casting of zinc alloy or
any | ||||||
19 | other nonhomogeneous metal which will melt or deform at a | ||||||
20 | temperature
of less than 800 degrees Fahrenheit. The | ||||||
21 | Department of State Police shall
publish a list of firearms | ||||||
22 | prohibited under this paragraph (h) at least
annually
for | ||||||
23 | each federal firearms dealer required to participate in | ||||||
24 | Section 3.1 of the
Firearm Owners Identification Card Act.
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25 | For purposes of this paragraph, (1)
"firearm" is defined as | ||||||
26 | in the Firearm Owners Identification Card Act; and (2)
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27 | "handgun" is defined as a firearm designed to be held
and | ||||||
28 | fired by the use of a single hand, and includes a | ||||||
29 | combination of parts from
which such a firearm can be | ||||||
30 | assembled.
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31 | (i) Sells or gives a firearm of any size to any person | ||||||
32 | under 18 years of
age who does not possess a valid Firearm | ||||||
33 | Owner's Identification Card.
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34 | (j) Sells or gives a firearm while engaged in the | ||||||
35 | business of selling
firearms at wholesale or retail without | ||||||
36 | being licensed as a federal firearms
dealer under Section |
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1 | 923 of the federal Gun Control Act of 1968 (18 U.S.C.
923). | ||||||
2 | In this paragraph (j):
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3 | A person "engaged in the business" means a person who | ||||||
4 | devotes time,
attention, and
labor to
engaging in the | ||||||
5 | activity as a regular course of trade or business with the
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6 | principal objective of livelihood and profit, but does not | ||||||
7 | include a person who
makes occasional repairs of firearms | ||||||
8 | or who occasionally fits special barrels,
stocks, or | ||||||
9 | trigger mechanisms to firearms.
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10 | "With the principal objective of livelihood and | ||||||
11 | profit" means that the
intent
underlying the sale or | ||||||
12 | disposition of firearms is predominantly one of
obtaining | ||||||
13 | livelihood and pecuniary gain, as opposed to other intents, | ||||||
14 | such as
improving or liquidating a personal firearms | ||||||
15 | collection; however, proof of
profit shall not be required | ||||||
16 | as to a person who engages in the regular and
repetitive | ||||||
17 | purchase and disposition of firearms for criminal purposes | ||||||
18 | or
terrorism.
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19 | (B) Paragraph (h) of subsection (A) does not include | ||||||
20 | firearms sold within 6
months after enactment of Public
Act | ||||||
21 | 78-355 (approved August 21, 1973, effective October 1, 1973), | ||||||
22 | nor is any
firearm legally owned or
possessed by any citizen or | ||||||
23 | purchased by any citizen within 6 months after the
enactment of | ||||||
24 | Public Act 78-355 subject
to confiscation or seizure under the | ||||||
25 | provisions of that Public Act. Nothing in
Public Act 78-355 | ||||||
26 | shall be construed to prohibit the gift or trade of
any firearm | ||||||
27 | if that firearm was legally held or acquired within 6 months | ||||||
28 | after
the enactment of that Public Act.
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29 | (C) Sentence.
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30 | (1) Any person convicted of unlawful sale of firearms | ||||||
31 | in violation of
any of paragraphs (c) through (h) of | ||||||
32 | subsection (A) commits a Class
4
felony.
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33 | (2) Any person convicted of unlawful sale of firearms | ||||||
34 | in violation of
paragraph (b) or (i) of subsection (A) | ||||||
35 | commits a Class 3 felony.
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36 | (3) Any person convicted of unlawful sale of firearms |
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1 | in violation of
paragraph (a) of subsection (A) commits a | ||||||
2 | Class 2 felony.
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3 | (4) Any person convicted of unlawful sale of firearms | ||||||
4 | in violation of
paragraph (a), (b), or (i) of subsection | ||||||
5 | (A) in any school, on the real
property comprising a | ||||||
6 | school, within 1,000 feet of the real property comprising
a | ||||||
7 | school, at a school related activity, or on or within 1,000 | ||||||
8 | feet of any
conveyance owned, leased, or contracted by a | ||||||
9 | school or school district to
transport students to or from | ||||||
10 | school or a school related activity,
regardless of the time | ||||||
11 | of day or time of year at which the offense
was committed, | ||||||
12 | commits a Class 1 felony. Any person convicted of a second
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13 | or subsequent violation of unlawful sale of firearms in | ||||||
14 | violation of paragraph
(a), (b), or (i) of subsection (A) | ||||||
15 | in any school, on the real property
comprising a school, | ||||||
16 | within 1,000 feet of the real property comprising a
school, | ||||||
17 | at a school related activity, or on or within 1,000 feet of | ||||||
18 | any
conveyance owned, leased, or contracted by a school or | ||||||
19 | school district to
transport students to or from school or | ||||||
20 | a school related activity,
regardless of the time of day or | ||||||
21 | time of year at which the offense
was committed, commits a | ||||||
22 | Class 1 felony for which the sentence shall be a
term of | ||||||
23 | imprisonment of no less than 5 years and no more than 15 | ||||||
24 | years.
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25 | (5) Any person convicted of unlawful sale of firearms | ||||||
26 | in violation of
paragraph (a) or (i) of subsection (A) in | ||||||
27 | residential property owned,
operated, or managed by a | ||||||
28 | public housing agency or leased by a public housing
agency | ||||||
29 | as part of a scattered site or mixed-income development, in | ||||||
30 | a public
park, in a
courthouse, on residential property | ||||||
31 | owned, operated, or managed by a public
housing agency or | ||||||
32 | leased by a public housing agency as part of a scattered | ||||||
33 | site
or mixed-income development, on the real property | ||||||
34 | comprising any public park,
on the real
property comprising | ||||||
35 | any courthouse, or on any public way within 1,000 feet
of | ||||||
36 | the real property comprising any public park, courthouse, |
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1 | or residential
property owned, operated, or managed by a | ||||||
2 | public housing agency or leased by a
public housing agency | ||||||
3 | as part of a scattered site or mixed-income development
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4 | commits a
Class 2 felony.
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5 | (6) Any person convicted of unlawful sale of firearms | ||||||
6 | in violation of
paragraph (j) of subsection (A) commits a | ||||||
7 | Class A misdemeanor. A second or
subsequent violation is a | ||||||
8 | Class 4 felony.
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9 | (D) For purposes of this Section:
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10 | "School" means a public or private elementary or secondary | ||||||
11 | school,
community college, college, or university.
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12 | "School related activity" means any sporting, social, | ||||||
13 | academic, or
other activity for which students' attendance or | ||||||
14 | participation is sponsored,
organized, or funded in whole or in | ||||||
15 | part by a school or school district.
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16 | (Source: P.A. 93-162, eff. 7-10-03.)
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17 | (720 ILCS 5/37-1) (from Ch. 38, par. 37-1)
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18 | Sec. 37-1.
Maintaining Public Nuisance.
Any building used | ||||||
19 | in the commission of offenses prohibited by Sections
9-1, 10-1, | ||||||
20 | 10-2, 11-14, 11-15, 11-16, 11-17, 11-20, 11-20.1, 11-21, 11-22,
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21 | 12-5.1, 16-1, 20-2, 23-1, 23-1(a)(1), 24-1(a)(7), 24-3, 28-1, | ||||||
22 | 28-3, 31-5 or
39A-1 of the Criminal Code of
1961, or
prohibited | ||||||
23 | by the Illinois Controlled Substances Act, or the Cannabis
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24 | Control Act, or used in the commission of an inchoate offense
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25 | relative to any of the aforesaid principal offenses, or any | ||||||
26 | real property
erected, established, maintained, owned, leased, | ||||||
27 | or used by a streetgang for
the purpose of conducting | ||||||
28 | streetgang related activity as defined in Section 10
of the | ||||||
29 | Illinois Streetgang Terrorism Omnibus Prevention Act is a | ||||||
30 | public
nuisance.
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31 | (a-5) A building used in the commission of an offense | ||||||
32 | prohibited by
Section
24-3 of this Code may be abated as a | ||||||
33 | public nuisance only if the person using
the building for the
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34 | commission of the offense
has been convicted of a violation of | ||||||
35 | Section 24-3 and the building was used in
the
commission of
a |
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1 | violation of
paragraph (h) of subsection (A) of Section 24-3. A | ||||||
2 | building may be abated as a
public nuisance under this | ||||||
3 | subsection (a-5) only if
the
Department of State Police has | ||||||
4 | published a list of firearms prohibited under
that paragraph.
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5 | (b) Sentence. A person convicted of knowingly maintaining | ||||||
6 | such a public
nuisance commits a Class A misdemeanor. Each | ||||||
7 | subsequent offense under this
Section is a Class 4 felony.
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8 | (Source: P.A. 91-876, eff. 1-1-01.)
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9 | Section 99. Effective date. This Act takes effect upon | ||||||
10 | becoming law.
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