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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Criminal Code of 1961 is amended by changing | |||||||||||||||||||
5 | Section 24-3 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) ; or (5) the transfer of an operable | ||||||
14 | firearm in exchange for another operable firearm at a gun | ||||||
15 | show or by a dealer licensed as a federal firearms dealer | ||||||
16 | under Section 923
of the federal Gun Control Act of 1968 | ||||||
17 | (18 U.S.C. 923). For the purposes of this paragraph (g), | ||||||
18 | "gun show" means an event or function that is sponsored to | ||||||
19 | facilitate,
in whole or in part, the purchase, sale, offer | ||||||
20 | for sale, exchange, or
collection of firearms at which:
(1) | ||||||
21 | 25 or more firearms are offered or exhibited
for sale, | ||||||
22 | transfer, or exchange; or
(2) not less than 3 gun show | ||||||
23 | vendors exhibit, sell,
offer for sale, transfer, or | ||||||
24 | exchange firearms .
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25 | (h) While holding any license
as a dealer,
importer, | ||||||
26 | manufacturer or pawnbroker
under the federal Gun Control | ||||||
27 | Act of 1968,
manufactures, sells or delivers to any | ||||||
28 | unlicensed person a handgun having
a barrel, slide, frame | ||||||
29 | or receiver which is a die casting of zinc alloy or
any | ||||||
30 | other nonhomogeneous metal which will melt or deform at a | ||||||
31 | temperature
of less than 800 degrees Fahrenheit. For | ||||||
32 | purposes of this paragraph, (1)
"firearm" is defined as in | ||||||
33 | the Firearm Owners Identification Card Act; and (2)
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34 | "handgun" is defined as a firearm designed to be held
and | ||||||
35 | fired by the use of a single hand, and includes a | ||||||
36 | combination of parts from
which such a firearm can be |
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1 | assembled.
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2 | (i) Sells or gives a firearm of any size to any person | ||||||
3 | under 18 years of
age who does not possess a valid Firearm | ||||||
4 | Owner's Identification Card.
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5 | (j) Sells or gives a firearm while engaged in the | ||||||
6 | business of selling
firearms at wholesale or retail without | ||||||
7 | being licensed as a federal firearms
dealer under Section | ||||||
8 | 923 of the federal Gun Control Act of 1968 (18 U.S.C.
923). | ||||||
9 | In this paragraph (j):
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10 | A person "engaged in the business" means a person who | ||||||
11 | devotes time,
attention, and
labor to
engaging in the | ||||||
12 | activity as a regular course of trade or business with the
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13 | principal objective of livelihood and profit, but does not | ||||||
14 | include a person who
makes occasional repairs of firearms | ||||||
15 | or who occasionally fits special barrels,
stocks, or | ||||||
16 | trigger mechanisms to firearms.
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17 | "With the principal objective of livelihood and | ||||||
18 | profit" means that the
intent
underlying the sale or | ||||||
19 | disposition of firearms is predominantly one of
obtaining | ||||||
20 | livelihood and pecuniary gain, as opposed to other intents, | ||||||
21 | such as
improving or liquidating a personal firearms | ||||||
22 | collection; however, proof of
profit shall not be required | ||||||
23 | as to a person who engages in the regular and
repetitive | ||||||
24 | purchase and disposition of firearms for criminal purposes | ||||||
25 | or
terrorism.
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26 | (B) Paragraph (h) of subsection (A) does not include | ||||||
27 | firearms sold within 6
months after enactment of Public
Act | ||||||
28 | 78-355 (approved August 21, 1973, effective October 1, 1973), | ||||||
29 | nor is any
firearm legally owned or
possessed by any citizen or | ||||||
30 | purchased by any citizen within 6 months after the
enactment of | ||||||
31 | Public Act 78-355 subject
to confiscation or seizure under the | ||||||
32 | provisions of that Public Act. Nothing in
Public Act 78-355 | ||||||
33 | shall be construed to prohibit the gift or trade of
any firearm | ||||||
34 | if that firearm was legally held or acquired within 6 months | ||||||
35 | after
the enactment of that Public Act.
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36 | (C) Sentence.
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1 | (1) Any person convicted of unlawful sale of firearms | ||||||
2 | in violation of
any of paragraphs (c) through (h) of | ||||||
3 | subsection (A) commits a Class
4
felony.
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4 | (2) Any person convicted of unlawful sale of firearms | ||||||
5 | in violation of
paragraph (b) or (i) of subsection (A) | ||||||
6 | commits a Class 3 felony.
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7 | (3) Any person convicted of unlawful sale of firearms | ||||||
8 | in violation of
paragraph (a) of subsection (A) commits a | ||||||
9 | Class 2 felony.
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10 | (4) Any person convicted of unlawful sale of firearms | ||||||
11 | in violation of
paragraph (a), (b), or (i) of subsection | ||||||
12 | (A) in any school, on the real
property comprising a | ||||||
13 | school, within 1,000 feet of the real property comprising
a | ||||||
14 | school, at a school related activity, or on or within 1,000 | ||||||
15 | feet of any
conveyance owned, leased, or contracted by a | ||||||
16 | school or school district to
transport students to or from | ||||||
17 | school or a school related activity,
regardless of the time | ||||||
18 | of day or time of year at which the offense
was committed, | ||||||
19 | commits a Class 1 felony. Any person convicted of a second
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20 | or subsequent violation of unlawful sale of firearms in | ||||||
21 | violation of paragraph
(a), (b), or (i) of subsection (A) | ||||||
22 | in any school, on the real property
comprising a school, | ||||||
23 | within 1,000 feet of the real property comprising a
school, | ||||||
24 | at a school related activity, or on or within 1,000 feet of | ||||||
25 | any
conveyance owned, leased, or contracted by a school or | ||||||
26 | school district to
transport students to or from school or | ||||||
27 | a school related activity,
regardless of the time of day or | ||||||
28 | time of year at which the offense
was committed, commits a | ||||||
29 | Class 1 felony for which the sentence shall be a
term of | ||||||
30 | imprisonment of no less than 5 years and no more than 15 | ||||||
31 | years.
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32 | (5) Any person convicted of unlawful sale of firearms | ||||||
33 | in violation of
paragraph (a) or (i) of subsection (A) in | ||||||
34 | residential property owned,
operated, or managed by a | ||||||
35 | public housing agency or leased by a public housing
agency | ||||||
36 | as part of a scattered site or mixed-income development, in |
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1 | a public
park, in a
courthouse, on residential property | ||||||
2 | owned, operated, or managed by a public
housing agency or | ||||||
3 | leased by a public housing agency as part of a scattered | ||||||
4 | site
or mixed-income development, on the real property | ||||||
5 | comprising any public park,
on the real
property comprising | ||||||
6 | any courthouse, or on any public way within 1,000 feet
of | ||||||
7 | the real property comprising any public park, courthouse, | ||||||
8 | or residential
property owned, operated, or managed by a | ||||||
9 | public housing agency or leased by a
public housing agency | ||||||
10 | as part of a scattered site or mixed-income development
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11 | commits a
Class 2 felony.
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12 | (6) Any person convicted of unlawful sale of firearms | ||||||
13 | in violation of
paragraph (j) of subsection (A) commits a | ||||||
14 | Class A misdemeanor. A second or
subsequent violation is a | ||||||
15 | Class 4 felony.
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16 | (D) For purposes of this Section:
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17 | "School" means a public or private elementary or secondary | ||||||
18 | school,
community college, college, or university.
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19 | "School related activity" means any sporting, social, | ||||||
20 | academic, or
other activity for which students' attendance or | ||||||
21 | participation is sponsored,
organized, or funded in whole or in | ||||||
22 | part by a school or school district.
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23 | (Source: P.A. 93-162, eff. 7-10-03.)
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24 | Section 99. Effective date. This Act takes effect upon | ||||||
25 | becoming law.
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