97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB3601
 
Introduced 2/24/2011, by Rep. Harry Osterman
 
SYNOPSIS AS INTRODUCED:
 

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

     Amends the Criminal Code of 1961. Provides that it is a Class 1 felony to sell or give a firearm to a person whom the seller or giver knows is a street gang member. Effective immediately.
  


LRB097 08532 RLC 48659 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
 
 
A BILL FOR
 

  
HB3601LRB097 08532 RLC 48659 b


  
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 
 
 
HB3601- 2 -LRB097 08532 RLC 48659 b

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). For purposes of this paragraph (g), 
 
 
HB3601- 3 -LRB097 08532 RLC 48659 b

1    "application" means when the buyer and seller reach an 
2    agreement to purchase a firearm.



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

12    "handgun" is defined as a firearm designed to be held
and 
13    fired by the use of a single hand, and includes a 
14    combination of parts from
which such a firearm can be 
15    assembled.


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


19        (j) Sells or gives a firearm while engaged in the 
20    business of selling
firearms at wholesale or retail without 
21    being licensed as a federal firearms
dealer under Section 
22    923 of the federal Gun Control Act of 1968 (18 U.S.C.
923).  
23    In this paragraph (j):


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

 
 
HB3601- 4 -LRB097 08532 RLC 48659 b

1    principal objective of livelihood and profit, but does not 
2    include a person who
makes occasional repairs of firearms 
3    or who occasionally fits special barrels,
stocks, or 
4    trigger mechanisms to firearms.


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

14        (k) Sells or transfers ownership of a firearm to a 
15    person who does not display to the seller or transferor of 
16    the firearm a currently valid Firearm Owner's 
17    Identification Card that has previously been issued in the 
18    transferee's name by the Department of State Police under 
19    the provisions of the Firearm Owners Identification Card 
20    Act.  This paragraph (k) does not apply to the transfer of a 
21    firearm to a person who is exempt from the requirement of 
22    possessing a Firearm Owner's Identification Card under 
23    Section 2 of the Firearm Owners Identification Card Act. 
24    For the purposes of this Section, a currently valid Firearm 
25    Owner's Identification Card means (i) a Firearm Owner's 
26    Identification Card that has not expired or (ii) if the 
 
 
HB3601- 5 -LRB097 08532 RLC 48659 b

1    transferor is licensed as a federal firearms dealer under 
2    Section 923 of the federal Gun Control Act of 1968 (18 
3    U.S.C. 923), an approval number issued in accordance with 
4    Section 3.1 of the Firearm Owners Identification Card Act 
5    shall be proof that the Firearm Owner's Identification Card 
6    was valid.
7        (l) Sells or gives any firearm to any person whom the 
8    seller or giver knows is a street gang member. For purposes 
9    to this paragraph (l), "street gang member" has the meaning 
10    ascribed to the term "street gang member" in Section 10 of 
11    the Illinois Streetgang Terrorism Omnibus Prevention Act. 
12    (B) Paragraph (h) of subsection (A) does not include 
13firearms sold within 6
months after enactment of Public
Act 
1478-355 (approved August 21, 1973, effective October 1, 1973), 
15nor is any
firearm legally owned or
possessed by any citizen or 
16purchased by any citizen within 6 months after the
enactment of 
17Public Act 78-355 subject
to confiscation or seizure under the 
18provisions of that Public Act.  Nothing in
Public Act 78-355 
19shall be construed to prohibit the gift or trade of
any firearm 
20if that firearm was legally held or acquired within 6 months 
21after
the enactment of that Public Act.

22    (C) Sentence.


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


26        (2) Any person convicted of unlawful sale of firearms 
 
 
HB3601- 6 -LRB097 08532 RLC 48659 b

1    in violation of
paragraph (b) or (i) of subsection (A) 
2    commits a Class 3 felony.


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


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

16    or subsequent violation of unlawful sale of firearms in 
17    violation of paragraph
(a), (b), or (i) of subsection (A) 
18    in any school, on the real property
comprising a school, 
19    within 1,000 feet of the real property comprising a
school, 
20    at a school related activity, or on or within 1,000 feet of 
21    any
conveyance owned, leased, or contracted by a school or 
22    school district to
transport students to or from school or 
23    a school related activity,
regardless of the time of day or 
24    time of year at which the offense
was committed, commits a 
25    Class 1 felony for which the sentence shall be a
term of 
26    imprisonment of no less than 5 years and no more than 15 
 
 
HB3601- 7 -LRB097 08532 RLC 48659 b

1    years.


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

17    commits a
Class 2 felony.


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


 
 
HB3601- 8 -LRB097 08532 RLC 48659 b

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

17    "School" means a public or private elementary or secondary 
18school,
community college, college, or university.

19    "School related activity" means any sporting, social, 
20academic, or
other activity for which students' attendance or 
21participation is sponsored,
organized, or funded in whole or in 
22part by a school or school district.

23    (E) A prosecution for a violation of paragraph (k) of 
24subsection (A) of this Section may be commenced within 6 years 
25after the commission of the offense. A prosecution for a 
26violation of this Section other than paragraph (g) of 
 
 
HB3601- 9 -LRB097 08532 RLC 48659 b

1subsection (A) of this Section may be commenced within 5 years 
2after the commission of the offense defined in the particular 
3paragraph.

4(Source: P.A. 95-331, eff. 8-21-07; 95-735, eff. 7-16-08; 
596-190, eff. 1-1-10.)

 
 
6    Section 99. Effective date. This Act takes effect upon 
7becoming law.