HB0716 Engrossed

LRB094 06112 RLC 36175 b






1
    AN ACT concerning 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) 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

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 
 


 






HB0716 Engrossed
- 2 -
LRB094 06112 RLC 36175 b




1
    paragraph (g) does not apply to: (1) the sale of a firearm

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). For purposes of this paragraph (g), 
14
    "application" means when the buyer and seller reach an 
15
    agreement to purchase a firearm.



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):


 


 






HB0716 Engrossed
- 3 -
LRB094 06112 RLC 36175 b




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 
 


 






HB0716 Engrossed
- 4 -
LRB094 06112 RLC 36175 b




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 
 


 






HB0716 Engrossed
- 5 -
LRB094 06112 RLC 36175 b




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 
 


 






HB0716 Engrossed
- 6 -
LRB094 06112 RLC 36175 b




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.