94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB0223

 

Introduced 01/13/05, by Rep. Ron Stephens - Bill Mitchell - David Reis

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/24-3   from Ch. 38, par. 24-3

    Amends the Criminal Code of 1961. Provides that a violation for unlawful sale of firearms for delivering a firearm without withholding delivery for the required period of time only applies to persons who are licensed as a dealer, importer, manufacturer, or pawnbroker under the federal Gun Control Act of 1968 who deliver firearms to unlicensed persons. Effective immediately.


LRB094 06219 RLC 36289 b

 

 

A BILL FOR

 

HB0223 LRB094 06219 RLC 36289 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 changing
5 Section 24-3 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 be
11     concealed upon the person to any person under 18 years of
12     age.
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.
16         (c) Sells or gives any firearm to any narcotic addict.
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.
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.
23         (f) Sells or gives any firearms to any person who is
24     mentally retarded.
25         (g) As a dealer, importer, manufacturer, or pawnbroker
26     under the federal Gun Control Act of 1968, delivers to any
27     unlicensed person Delivers any firearm of a size which may
28     be concealed upon the person, incidental to a sale, without
29     withholding delivery of such firearm for at least 72 hours
30     after application for its purchase has been made, or
31     delivers any rifle, shotgun or other long gun, incidental
32     to a sale, without withholding delivery of such rifle,

 

 

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1     shotgun or other long gun for at least 24 hours after
2     application for its purchase has been made. However, this
3     paragraph (g) does not apply to: (1) the sale of a firearm
4     to a law enforcement officer or a person who desires to
5     purchase a firearm for use in promoting the public interest
6     incident to his or her employment as a bank guard, armed
7     truck guard, or other similar employment; (2) a mail order
8     sale of a firearm to a nonresident of Illinois under which
9     the firearm is mailed to a point outside the boundaries of
10     Illinois; (3) the sale of a firearm to a nonresident of
11     Illinois while at a firearm showing or display recognized
12     by the Illinois Department of State Police; or (4) the sale
13     of a firearm to a dealer licensed as a federal firearms
14     dealer under Section 923 of the federal Gun Control Act of
15     1968 (18 U.S.C. 923).
16         (h) While holding any license as a dealer, importer,
17     manufacturer or pawnbroker under the federal Gun Control
18     Act of 1968, manufactures, sells or delivers to any
19     unlicensed person a handgun having a barrel, slide, frame
20     or receiver which is a die casting of zinc alloy or any
21     other nonhomogeneous metal which will melt or deform at a
22     temperature of less than 800 degrees Fahrenheit. For
23     purposes of this paragraph, (1) "firearm" is defined as in
24     the Firearm Owners Identification Card Act; and (2)
25     "handgun" is defined as a firearm designed to be held and
26     fired by the use of a single hand, and includes a
27     combination of parts from which such a firearm can be
28     assembled.
29         (i) Sells or gives a firearm of any size to any person
30     under 18 years of age who does not possess a valid Firearm
31     Owner's Identification Card.
32         (j) Sells or gives a firearm while engaged in the
33     business of selling firearms at wholesale or retail without
34     being licensed as a federal firearms dealer under Section
35     923 of the federal Gun Control Act of 1968 (18 U.S.C. 923).
36     In this paragraph (j):

 

 

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1         A person "engaged in the business" means a person who
2     devotes time, attention, and labor to engaging in the
3     activity as a regular course of trade or business with the
4     principal objective of livelihood and profit, but does not
5     include a person who makes occasional repairs of firearms
6     or who occasionally fits special barrels, stocks, or
7     trigger mechanisms to firearms.
8         "With the principal objective of livelihood and
9     profit" means that the intent underlying the sale or
10     disposition of firearms is predominantly one of obtaining
11     livelihood and pecuniary gain, as opposed to other intents,
12     such as improving or liquidating a personal firearms
13     collection; however, proof of profit shall not be required
14     as to a person who engages in the regular and repetitive
15     purchase and disposition of firearms for criminal purposes
16     or terrorism.
17         (k) Sells or transfers ownership of a firearm to a
18     person who does not display to the seller or transferor of
19     the firearm a currently valid Firearm Owner's
20     Identification Card that has previously been issued in the
21     transferee's name by the Department of State Police under
22     the provisions of the Firearm Owners Identification Card
23     Act. This paragraph (k) does not apply to the transfer of a
24     firearm to a person who is exempt from the requirement of
25     possessing a Firearm Owner's Identification Card under
26     Section 2 of the Firearm Owners Identification Card Act.
27     For the purposes of this Section, a currently valid Firearm
28     Owner's Identification Card means (i) a Firearm Owner's
29     Identification Card that has not expired or (ii) if the
30     transferor is licensed as a federal firearms dealer under
31     Section 923 of the federal Gun Control Act of 1968 (18
32     U.S.C. 923), an approval number issued in accordance with
33     Section 3.1 of the Firearm Owners Identification Card Act
34     shall be proof that the Firearm Owner's Identification Card
35     was valid.
36     (B) Paragraph (h) of subsection (A) does not include

 

 

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1 firearms sold within 6 months after enactment of Public Act
2 78-355 (approved August 21, 1973, effective October 1, 1973),
3 nor is any firearm legally owned or possessed by any citizen or
4 purchased by any citizen within 6 months after the enactment of
5 Public Act 78-355 subject to confiscation or seizure under the
6 provisions of that Public Act. Nothing in Public Act 78-355
7 shall be construed to prohibit the gift or trade of any firearm
8 if that firearm was legally held or acquired within 6 months
9 after the enactment of that Public Act.
10     (C) Sentence.
11         (1) Any person convicted of unlawful sale of firearms
12     in violation of any of paragraphs (c) through (h) of
13     subsection (A) commits a Class 4 felony.
14         (2) Any person convicted of unlawful sale of firearms
15     in violation of paragraph (b) or (i) of subsection (A)
16     commits a Class 3 felony.
17         (3) Any person convicted of unlawful sale of firearms
18     in violation of paragraph (a) of subsection (A) commits a
19     Class 2 felony.
20         (4) Any person convicted of unlawful sale of firearms
21     in violation of paragraph (a), (b), or (i) of subsection
22     (A) in any school, on the real property comprising a
23     school, within 1,000 feet of the real property comprising a
24     school, at a school related activity, or on or within 1,000
25     feet of any conveyance owned, leased, or contracted by a
26     school or school district to transport students to or from
27     school or a school related activity, regardless of the time
28     of day or time of year at which the offense was committed,
29     commits a Class 1 felony. Any person convicted of a second
30     or subsequent violation of unlawful sale of firearms in
31     violation of paragraph (a), (b), or (i) of subsection (A)
32     in any school, on the real property comprising a school,
33     within 1,000 feet of the real property comprising a school,
34     at a school related activity, or on or within 1,000 feet of
35     any conveyance owned, leased, or contracted by a school or
36     school district to transport students to or from school or

 

 

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1     a school related activity, regardless of the time of day or
2     time of year at which the offense was committed, commits a
3     Class 1 felony for which the sentence shall be a term of
4     imprisonment of no less than 5 years and no more than 15
5     years.
6         (5) Any person convicted of unlawful sale of firearms
7     in violation of paragraph (a) or (i) of subsection (A) in
8     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, in
11     a public park, in a courthouse, on residential property
12     owned, operated, or managed by a public housing agency or
13     leased by a public housing agency as part of a scattered
14     site or mixed-income development, on the real property
15     comprising any public park, on the real property comprising
16     any courthouse, or on any public way within 1,000 feet of
17     the real property comprising any public park, courthouse,
18     or residential property owned, operated, or managed by a
19     public housing agency or leased by a public housing agency
20     as part of a scattered site or mixed-income development
21     commits a Class 2 felony.
22         (6) Any person convicted of unlawful sale of firearms
23     in violation of paragraph (j) of subsection (A) commits a
24     Class A misdemeanor. A second or subsequent violation is a
25     Class 4 felony.
26         (7) Any person convicted of unlawful sale of firearms
27     in violation of paragraph (k) of subsection (A) commits a
28     Class 4 felony. A third or subsequent conviction for a
29     violation of paragraph (k) of subsection (A) is a Class 1
30     felony.
31     (D) For purposes of this Section:
32     "School" means a public or private elementary or secondary
33 school, community college, college, or university.
34     "School related activity" means any sporting, social,
35 academic, or other activity for which students' attendance or
36 participation is sponsored, organized, or funded in whole or in

 

 

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1 part by a school or school district.
2     (E) A prosecution for a violation of paragraph (k) of
3 subsection (A) of this Section may be commenced within 6 years
4 after the commission of the offense. A prosecution for a
5 violation of this Section other than paragraph (g) of
6 subsection (A) of this Section may be commenced within 5 years
7 after the commission of the offense defined in the particular
8 paragraph.
9 (Source: P.A. 93-162, eff. 7-10-03; 93-906, eff. 8-11-04.)
 
10     Section 99. Effective date. This Act takes effect upon
11 becoming law.