093_SB0238
LRB093 04425 RLC 04475 b
1 AN ACT in relation to criminal law.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Criminal Code of 1961 is amended by
5 changing Sections 24-3 and 24-4 as follows:
6 (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
7 Sec. 24-3. Unlawful Sale of Firearms.
8 (A) A person commits the offense of unlawful sale of
9 firearms when he or she knowingly does any of the following:
10 (a) Sells or gives any firearm of a size which may
11 be concealed upon the person to any person under 18 years
12 of age.
13 (b) Sells or gives any firearm to a person under 21
14 years of age who has been convicted of a misdemeanor
15 other than a traffic offense or adjudged delinquent.
16 (c) Sells or gives any firearm to any narcotic
17 addict.
18 (d) Sells or gives any firearm to any person who
19 has been convicted of a felony under the laws of this or
20 any other jurisdiction.
21 (e) Sells or gives any firearm to any person who
22 has been a patient in a mental hospital within the past 5
23 years.
24 (f) Sells or gives any firearms to any person who
25 is mentally retarded.
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
29 hours after application for its purchase has been made,
30 or delivers any rifle, shotgun or other long gun,
31 incidental to a sale, without withholding delivery of
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1 such rifle, shotgun or other long gun for at least 24
2 hours after application for its purchase has been made.
3 However, this paragraph (g) does not apply to: (1) the
4 sale of a firearm to a law enforcement officer or a
5 person who desires to purchase a firearm for use in
6 promoting the public interest incident to his or her
7 employment as a bank guard, armed truck guard, or other
8 similar employment; (2) a mail order sale of a firearm to
9 a nonresident of Illinois under which the firearm is
10 mailed to a point outside the boundaries of Illinois; (3)
11 the sale of a firearm to a nonresident of Illinois while
12 at a firearm showing or display recognized by the
13 Illinois Department of State Police; or (4) the sale of a
14 firearm to a dealer licensed under the Federal Firearms
15 Act of the United States.
16 (h) While holding any license as a dealer,
17 importer, manufacturer or pawnbroker under the federal
18 Gun Control Act of 1968, manufactures, sells or delivers
19 to any unlicensed person a handgun having a barrel,
20 slide, frame or receiver which is a die casting of zinc
21 alloy or any other nonhomogeneous metal which will melt
22 or deform at a temperature of less than 800 degrees
23 Fahrenheit. For purposes of this paragraph and paragraph
24 (j), (1) "firearm" is defined as in the Firearm Owners
25 Identification Card Act; and (2) "handgun" is defined as
26 a firearm designed to be held and fired by the use of a
27 single hand, and includes a combination of parts from
28 which such a firearm can be assembled.
29 (i) Sells or gives a firearm of any size to any
30 person under 18 years of age who does not possess a valid
31 Firearm Owner's Identification Card.
32 (j) Transfers or possesses with intent to transfer
33 more than one handgun to any person within any 30-day
34 period or transfers or possesses with intent to transfer
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1 a handgun to any person he or she knows or has reasonable
2 cause to believe has purchased or has been given a
3 handgun within the previous 30 days.
4 (B) Paragraph (h) of subsection (A) does not include
5 firearms sold within 6 months after enactment of Public Act
6 78-355 (approved August 21, 1973, effective October 1, 1973),
7 nor is any firearm legally owned or possessed by any citizen
8 or purchased by any citizen within 6 months after the
9 enactment of Public Act 78-355 subject to confiscation or
10 seizure under the provisions of that Public Act. Nothing in
11 Public Act 78-355 shall be construed to prohibit the gift or
12 trade of any firearm if that firearm was legally held or
13 acquired within 6 months after the enactment of that Public
14 Act.
15 (C) Sentence.
16 (1) Any person convicted of unlawful sale of
17 firearms in violation of any of paragraphs (c) through
18 (h) of subsection (A) commits a Class 4 felony.
19 (2) Any person convicted of unlawful sale of
20 firearms in violation of paragraph (b), or (i), or (j) of
21 subsection (A) commits a Class 3 felony.
22 (3) Any person convicted of unlawful sale of
23 firearms in violation of paragraph (a) of subsection (A)
24 commits a Class 2 felony.
25 (4) Any person convicted of unlawful sale of
26 firearms in violation of paragraph (a), (b), or (i), or
27 (j) of subsection (A) in any school, on the real property
28 comprising a school, within 1,000 feet of the real
29 property comprising a school, at a school related
30 activity, or on or within 1,000 feet of any conveyance
31 owned, leased, or contracted by a school or school
32 district to transport students to or from school or a
33 school related activity, regardless of the time of day or
34 time of year at which the offense was committed, commits
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1 a Class 1 felony. Any person convicted of a second or
2 subsequent violation of unlawful sale of firearms in
3 violation of paragraph (a), (b), or (i), or (j) of
4 subsection (A) in any school, on the real property
5 comprising a school, within 1,000 feet of the real
6 property comprising a school, at a school related
7 activity, or on or within 1,000 feet of any conveyance
8 owned, leased, or contracted by a school or school
9 district to transport students to or from school or a
10 school related activity, regardless of the time of day or
11 time of year at which the offense was committed, commits
12 a Class 1 felony for which the sentence shall be a term
13 of imprisonment of no less than 5 years and no more than
14 15 years.
15 (5) Any person convicted of unlawful sale of
16 firearms in violation of paragraph (a), or (i), or (j) of
17 subsection (A) in residential property owned, operated,
18 or managed by a public housing agency or leased by a
19 public housing agency as part of a scattered site or
20 mixed-income development, in a public park, in a
21 courthouse, on residential property owned, operated, or
22 managed by a public housing agency or leased by a public
23 housing agency as part of a scattered site or
24 mixed-income development, on the real property comprising
25 any public park, on the real property comprising any
26 courthouse, or on any public way within 1,000 feet of the
27 real property comprising any public park, courthouse, or
28 residential property owned, operated, or managed by a
29 public housing agency or leased by a public housing
30 agency as part of a scattered site or mixed-income
31 development commits a Class 2 felony.
32 (D) For purposes of this Section:
33 "School" means a public or private elementary or
34 secondary school, community college, college, or university.
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1 "School related activity" means any sporting, social,
2 academic, or other activity for which students' attendance or
3 participation is sponsored, organized, or funded in whole or
4 in part by a school or school district.
5 (Source: P.A. 91-12, eff. 1-1-00; 91-673, eff. 12-22-99;
6 91-696, eff. 4-13-00.)
7 (720 ILCS 5/24-4) (from Ch. 38, par. 24-4)
8 Sec. 24-4. Register of sales by dealer.
9 (a) Any seller of firearms of a size which may be
10 concealed upon the person, other than a manufacturer selling
11 to a bona fide wholesaler or retailer or a wholesaler selling
12 to a bona fide retailer, shall keep a register of all
13 firearms sold or given away.
14 (b) Such register shall contain the date of the sale or
15 gift, the name, address, age and occupation of the person to
16 whom the weapon is sold or given, the price of the weapon,
17 the kind, description and number of the weapon, and the
18 purpose for which it is purchased and obtained.
19 (b-5) If the sale, gift, or transfer is of a handgun as
20 defined in clause (h)(2) of subsection (A) of Section 24-3,
21 the transferor of the handgun must transmit the information
22 contained in subsection (b) to the Department of State
23 Police. All records of the information transmitted must be
24 maintained by the Department on a computer database capable
25 of allowing the retrieval of information for each dealer and
26 each transferee. Information in the database must be made
27 available to any law enforcement agency responsible for the
28 enforcement of any federal, State, or local law or ordinance
29 relating to firearms, and to any licensed dealer who requests
30 information relating to a person who is seeking to purchase
31 one or more handguns from that dealer. Except as specifically
32 provided in this Section, information in the database is a
33 confidential record of the Department and is not subject to
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1 disclosure under any other law.
2 (c) Such seller on demand of a peace officer shall
3 produce for inspection the register and allow such peace
4 officer to inspect such register and all stock on hand.
5 (d) Sentence.
6 Violation of this Section is a Class B misdemeanor.
7 (Source: P.A. 77-2638.)