97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB3499
 
Introduced 2/24/2011, by Rep. David Harris
 
SYNOPSIS AS INTRODUCED:
 

 



720 ILCS 5/24-3  from Ch. 38, par. 24-3

     Amends the Criminal Code of 1961.  Exempts a petitioner who is protected by
 an
order of protection issued under the Domestic Violence: Order of Protection
Article of
the Code of Criminal Procedure of 1963 or under the Illinois Domestic Violence
Act of 1986 from the waiting period for purchase of a firearm.
  


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A BILL FOR
 

  
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1    AN ACT concerning criminal law.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  
 
 
4    Section 5. The Criminal Code of 1961 is amended  by changing 
5Section 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 
9firearms 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 
 
 
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1    mentally
retarded.


2        (g) Delivers any firearm of a size which may be 
3    concealed upon the
person, incidental to a sale, without 
4    withholding delivery of such firearm
for at least 72 hours 
5    after application for its purchase has been made, or

6    delivers any rifle, shotgun or other long gun, or a stun 
7    gun or taser, incidental to a sale,
without withholding 
8    delivery of such rifle, shotgun or other long gun, or a 
9    stun gun or taser for
at least 24 hours after application 
10    for its purchase has been made.
However,
this paragraph (g) 
11    does not apply to: (1) the sale of a firearm
to a law 
12    enforcement officer if the seller of the firearm knows that 
13    the person to whom he or she is selling the firearm is a 
14    law enforcement officer or the sale of a firearm to a 
15    person who desires to purchase a firearm for
use in 
16    promoting the public interest incident to his or her 
17    employment as a
bank guard, armed truck guard, or other 
18    similar employment; (2) a mail
order sale of a firearm to a 
19    nonresident of Illinois under which the firearm
is mailed 
20    to a point outside the boundaries of Illinois; (3) the sale

21    of a firearm to a nonresident of Illinois while at a 
22    firearm showing or display
recognized by the Illinois 
23    Department of State Police; or (4) the sale of a
firearm to 
24    a dealer licensed as a federal firearms dealer under 
25    Section 923
of the federal Gun Control Act of 1968 (18 
26    U.S.C. 923); or (5) the sale of a firearm to a petitioner 
 
 
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1    who is protected
by
an order of protection issued under 
2    Article 112A of the Code of Criminal
Procedure of 1963 or 
3    under the Illinois Domestic Violence Act of 1986. For 
4    purposes of this paragraph (g), "application" means when 
5    the buyer and seller reach an agreement to purchase a 
6    firearm.



7        (h) While holding any license
as a dealer,
importer, 
8    manufacturer or pawnbroker
under the federal Gun Control 
9    Act of 1968,
manufactures, sells or delivers to any 
10    unlicensed person a handgun having
a barrel, slide, frame 
11    or receiver which is a die casting of zinc alloy or
any 
12    other nonhomogeneous metal which will melt or deform at a 
13    temperature
of less than 800 degrees Fahrenheit.  For 
14    purposes of this paragraph, (1)
"firearm" is defined as in 
15    the Firearm Owners Identification Card Act; and (2)

16    "handgun" is defined as a firearm designed to be held
and 
17    fired by the use of a single hand, and includes a 
18    combination of parts from
which such a firearm can be 
19    assembled.


20        (i) Sells or gives a firearm of any size to any person 
21    under 18 years of
age who does not possess a valid Firearm 
22    Owner's Identification Card.


23        (j) Sells or gives a firearm while engaged in the 
24    business of selling
firearms at wholesale or retail without 
25    being licensed as a federal firearms
dealer under Section 
26    923 of the federal Gun Control Act of 1968 (18 U.S.C.
923).  
 
 
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1    In this paragraph (j):


2        A person "engaged in the business" means a person who 
3    devotes time,
attention, and
labor to
engaging in the 
4    activity as a regular course of trade or business with the

5    principal objective of livelihood and profit, but does not 
6    include a person who
makes occasional repairs of firearms 
7    or who occasionally fits special barrels,
stocks, or 
8    trigger mechanisms to firearms.


9        "With the principal objective of livelihood and 
10    profit" means that the
intent
underlying the sale or 
11    disposition of firearms is predominantly one of
obtaining 
12    livelihood and pecuniary gain, as opposed to other intents, 
13    such as
improving or liquidating a personal firearms 
14    collection; however, proof of
profit shall not be required 
15    as to a person who engages in the regular and
repetitive 
16    purchase and disposition of firearms for criminal purposes 
17    or
terrorism.

18        (k) Sells or transfers ownership of a firearm to a 
19    person who does not display to the seller or transferor of 
20    the firearm a currently valid Firearm Owner's 
21    Identification Card that has previously been issued in the 
22    transferee's name by the Department of State Police under 
23    the provisions of the Firearm Owners Identification Card 
24    Act.  This paragraph (k) does not apply to the transfer of a 
25    firearm to a person who is exempt from the requirement of 
26    possessing a Firearm Owner's Identification Card under 
 
 
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1    Section 2 of the Firearm Owners Identification Card Act. 
2    For the purposes of this Section, a currently valid Firearm 
3    Owner's Identification Card means (i) a Firearm Owner's 
4    Identification Card that has not expired or (ii) if the 
5    transferor is licensed as a federal firearms dealer under 
6    Section 923 of the federal Gun Control Act of 1968 (18 
7    U.S.C. 923), an approval number issued in accordance with 
8    Section 3.1 of the Firearm Owners Identification Card Act 
9    shall be proof that the Firearm Owner's Identification Card 
10    was valid.
11    (B) Paragraph (h) of subsection (A) does not include 
12firearms sold within 6
months after enactment of Public
Act 
1378-355 (approved August 21, 1973, effective October 1, 1973), 
14nor is any
firearm legally owned or
possessed by any citizen or 
15purchased by any citizen within 6 months after the
enactment of 
16Public Act 78-355 subject
to confiscation or seizure under the 
17provisions of that Public Act.  Nothing in
Public Act 78-355 
18shall be construed to prohibit the gift or trade of
any firearm 
19if that firearm was legally held or acquired within 6 months 
20after
the enactment of that Public Act.

21    (C) Sentence.


22        (1) Any person convicted of unlawful sale of firearms 
23    in violation of
paragraph (c), (e), (f), (g), or (h) of 
24    subsection (A) commits a Class
4
felony.


25        (2) Any person convicted of unlawful sale of firearms 
26    in violation of
paragraph (b) or (i) of subsection (A) 
 
 
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1    commits a Class 3 felony.


2        (3) Any person convicted of unlawful sale of firearms 
3    in violation of
paragraph (a) of subsection (A) commits a 
4    Class 2 felony.


5        (4) Any person convicted of unlawful sale of firearms 
6    in violation of
paragraph (a), (b), or (i) of subsection 
7    (A) in any school, on the real
property comprising a 
8    school, within 1,000 feet of the real property comprising
a 
9    school, at a school related activity, or on or within 1,000 
10    feet of any
conveyance owned, leased, or contracted by a 
11    school or school district to
transport students to or from 
12    school or a school related activity,
regardless of the time 
13    of day or time of year at which the offense
was committed, 
14    commits a Class 1 felony.  Any person convicted of a second

15    or subsequent violation of unlawful sale of firearms in 
16    violation of paragraph
(a), (b), or (i) of subsection (A) 
17    in any school, on the real property
comprising a school, 
18    within 1,000 feet of the real property comprising a
school, 
19    at a school related activity, or on or within 1,000 feet of 
20    any
conveyance owned, leased, or contracted by a school or 
21    school district to
transport students to or from school or 
22    a school related activity,
regardless of the time of day or 
23    time of year at which the offense
was committed, commits a 
24    Class 1 felony for which the sentence shall be a
term of 
25    imprisonment of no less than 5 years and no more than 15 
26    years.


 
 
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1        (5) Any person convicted of unlawful sale of firearms 
2    in violation of
paragraph (a) or (i) of subsection (A) in 
3    residential property owned,
operated, or managed by a 
4    public housing agency or leased by a public housing
agency 
5    as part of a scattered site or mixed-income development, in 
6    a public
park, in a
courthouse, on residential property 
7    owned, operated, or managed by a public
housing agency or 
8    leased by a public housing agency as part of a scattered 
9    site
or mixed-income development, on the real property 
10    comprising any public park,
on the real
property comprising 
11    any courthouse, or on any public way within 1,000 feet
of 
12    the real property comprising any public park, courthouse, 
13    or residential
property owned, operated, or managed by a 
14    public housing agency or leased by a
public housing agency 
15    as part of a scattered site or mixed-income development

16    commits a
Class 2 felony.


17        (6) Any person convicted of unlawful sale of firearms 
18    in violation of
paragraph (j) of subsection (A) commits a 
19    Class A misdemeanor.  A second or
subsequent violation is a 
20    Class 4 felony.
21        (7) Any person convicted of unlawful sale of firearms 
22    in violation of paragraph (k) of subsection (A) commits a 
23    Class 4 felony.  A third or subsequent conviction for a 
24    violation of paragraph (k) of subsection (A) is a Class 1 
25    felony.


26        (8)  A person 18 years of age or older convicted of 
 
 
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1    unlawful sale of firearms in violation of paragraph (a) or 
2    (i) of subsection (A), when the firearm that was sold or 
3    given to another person under 18 years of age was used in 
4    the commission of or attempt to commit a forcible felony, 
5    shall be fined or imprisoned, or both, not to exceed the 
6    maximum provided for the most serious forcible felony so 
7    committed or attempted by the person under 18 years of age 
8    who was sold or given the firearm. 
9        (9)  Any person convicted of unlawful sale of firearms 
10    in violation of
paragraph (d) of subsection (A) commits a 
11    Class 3 felony. 
12    (D) For purposes of this Section:

13    "School" means a public or private elementary or secondary 
14school,
community college, college, or university.

15    "School related activity" means any sporting, social, 
16academic, or
other activity for which students' attendance or 
17participation is sponsored,
organized, or funded in whole or in 
18part by a school or school district.

19    (E) A prosecution for a violation of paragraph (k) of 
20subsection (A) of this Section may be commenced within 6 years 
21after the commission of the offense. A prosecution for a 
22violation of this Section other than paragraph (g) of 
23subsection (A) of this Section may be commenced within 5 years 
24after the commission of the offense defined in the particular 
25paragraph.

26(Source: P.A. 95-331, eff. 8-21-07; 95-735, eff. 7-16-08; 
 
 
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196-190, eff. 1-1-10.)