98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB3083
 
Introduced , by Rep. Deborah Mell
 
SYNOPSIS AS INTRODUCED:
 

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

     Amends the Criminal Code of 2012. Provides that it is a Class 2 felony (rather than a Class 3 felony) to knowingly sell or give a firearm to a person who has been convicted of a felony or to a person under 18 years of age who does not possess a valid Firearm Owner's Identification Card. Effective immediately. 
  


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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
 
 
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 2012 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 or delivery of firearms. 

8    (A) A person commits the offense of unlawful sale or 
9delivery of firearms when he
or she knowingly does any of the 
10following:


11        (a) Sells or gives any firearm of a size which may be 
12    concealed upon the
person to any person under 18 years of 
13    age.


14        (b) Sells or gives any firearm to a person under 21 
15    years of age who has
been convicted of a misdemeanor other 
16    than a traffic offense or adjudged
delinquent.


17        (c) Sells or gives any firearm to any narcotic addict.


18        (d) Sells or gives any firearm to any person who has 
19    been convicted of a
felony under the laws of this or any 
20    other jurisdiction.


21        (e) Sells or gives any firearm to any person who has 
22    been a patient in a
mental hospital within the past 5 
23    years.


 
 
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1        (f) Sells or gives any firearms to any person who is 
2    intellectually disabled.


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

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

22    of a firearm to a nonresident of Illinois while at a 
23    firearm showing or display
recognized by the Illinois 
24    Department of State Police; or (4) the sale of a
firearm to 
25    a dealer licensed as a federal firearms dealer under 
26    Section 923
of the federal Gun Control Act of 1968 (18 
 
 
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1    U.S.C. 923). For purposes of this paragraph (g), 
2    "application" means when the buyer and seller reach an 
3    agreement to purchase a firearm.



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

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


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


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


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

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


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

15        (k) Sells or transfers ownership of a firearm to a 
16    person who does not display to the seller or transferor of 
17    the firearm a currently valid Firearm Owner's 
18    Identification Card that has previously been issued in the 
19    transferee's name by the Department of State Police under 
20    the provisions of the Firearm Owners Identification Card 
21    Act.  This paragraph (k) does not apply to the transfer of a 
22    firearm to a person who is exempt from the requirement of 
23    possessing a Firearm Owner's Identification Card under 
24    Section 2 of the Firearm Owners Identification Card Act. 
25    For the purposes of this Section, a currently valid Firearm 
26    Owner's Identification Card means (i) a Firearm Owner's 
 
 
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1    Identification Card that has not expired or (ii) if the 
2    transferor is licensed as a federal firearms dealer under 
3    Section 923 of the federal Gun Control Act of 1968 (18 
4    U.S.C. 923), an approval number issued in accordance with 
5    Section 3.1 of the Firearm Owners Identification Card Act 
6    shall be proof that the Firearm Owner's Identification Card 
7    was valid.
8        (l)  Not
being entitled to the possession of a firearm, 
9    delivers the
firearm, knowing it to have been stolen or 
10    converted.  It may be inferred that
a person who possesses a 
11    firearm with knowledge that its serial number has
been 
12    removed or altered has knowledge that the firearm is stolen 
13    or converted. 
14    (B) Paragraph (h) of subsection (A) does not include 
15firearms sold within 6
months after enactment of Public
Act 
1678-355 (approved August 21, 1973, effective October 1, 1973), 
17nor is any
firearm legally owned or
possessed by any citizen or 
18purchased by any citizen within 6 months after the
enactment of 
19Public Act 78-355 subject
to confiscation or seizure under the 
20provisions of that Public Act.  Nothing in
Public Act 78-355 
21shall be construed to prohibit the gift or trade of
any firearm 
22if that firearm was legally held or acquired within 6 months 
23after
the enactment of that Public Act.

24    (C) Sentence.


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


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


5        (3) Any person convicted of unlawful sale or delivery 
6    of firearms in violation of
paragraph (a), (d), or (i) of 
7    subsection (A) commits a Class 2 felony.


8        (4) Any person convicted of unlawful sale or delivery 
9    of firearms in violation of
paragraph (a), (b), or (i) of 
10    subsection (A) in any school, on the real
property 
11    comprising a school, within 1,000 feet of the real property 
12    comprising
a school, at a school related activity, or on or 
13    within 1,000 feet of any
conveyance owned, leased, or 
14    contracted by a school or school district to
transport 
15    students to or from school or a school related activity,

16    regardless of the time of day or time of year at which the 
17    offense
was committed, commits a Class 1 felony.  Any person 
18    convicted of a second
or subsequent violation of unlawful 
19    sale or delivery of firearms in violation of paragraph
(a), 
20    (b), or (i) of subsection (A) in any school, on the real 
21    property
comprising a school, within 1,000 feet of the real 
22    property comprising a
school, at a school related activity, 
23    or on or within 1,000 feet of any
conveyance owned, leased, 
24    or contracted by a school or school district to
transport 
25    students to or from school or a school related activity,

26    regardless of the time of day or time of year at which the 
 
 
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1    offense
was committed, commits a Class 1 felony for which 
2    the sentence shall be a
term of imprisonment of no less 
3    than 5 years and no more than 15 years.


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

14    property comprising any courthouse, or on any public way 
15    within 1,000 feet
of the real property comprising any 
16    public park, courthouse, or residential
property owned, 
17    operated, or managed by a public housing agency or leased 
18    by a
public housing agency as part of a scattered site or 
19    mixed-income development
commits a
Class 2 felony.


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


3        (8)  A person 18 years of age or older convicted of 
4    unlawful sale or delivery of firearms in violation of 
5    paragraph (a) or (i) of subsection (A), when the firearm 
6    that was sold or given to another person under 18 years of 
7    age was used in the commission of or attempt to commit a 
8    forcible felony, shall be fined or imprisoned, or both, not 
9    to exceed the maximum provided for the most serious 
10    forcible felony so committed or attempted by the person 
11    under 18 years of age who was sold or given the firearm. 
12        (9)  (Blank). Any person convicted of unlawful sale or 
13    delivery of firearms in violation of
paragraph (d) of 
14    subsection (A) commits a Class 3 felony.
15        (10)  Any person convicted of unlawful sale or delivery 
16    of firearms in violation of paragraph (l) of subsection (A) 
17    commits a Class 2 felony if the delivery is of one firearm.  
18    Any person convicted of unlawful sale or delivery of 
19    firearms in violation of paragraph (l) of subsection (A) 
20    commits a Class 1 felony if the delivery is of not less 
21    than 2 and not more than 5 firearms at the
same time or 
22    within a one year period.  Any person convicted of unlawful 
23    sale or delivery of firearms in violation of paragraph (l) 
24    of subsection (A) commits a Class X felony for which he or 
25    she shall be sentenced
to a term of imprisonment of not 
26    less than 6 years and not more than 30
years if the 
 
 
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1    delivery is of not less than 6 and not more than 10 
2    firearms at the
same time or within a 2 year period.   Any 
3    person convicted of unlawful sale or delivery of firearms 
4    in violation of paragraph (l) of subsection (A) commits a 
5    Class X felony for which he or she shall be sentenced
to a 
6    term of imprisonment of not less than 6 years and not more 
7    than 40
years if the delivery is of not less than 11 and 
8    not more than 20 firearms at the
same time or within a 3 
9    year period.   Any person convicted of unlawful sale or 
10    delivery of firearms in violation of paragraph (l) of 
11    subsection (A) commits a Class X felony for which he or she 
12    shall be sentenced
to a term of imprisonment of not less 
13    than 6 years and not more than 50
years if the delivery is 
14    of not less than 21 and not more than 30 firearms at the

15    same time or within a 4 year period.   Any person convicted 
16    of unlawful sale or delivery of firearms in violation of 
17    paragraph (l) of subsection (A) commits a Class X felony 
18    for which he or she shall be sentenced
to a term of 
19    imprisonment of not less than 6 years and not more than 60

20    years if the delivery is of 31 or more firearms at the
same 
21    time or within a 5 year period. 
22    (D) For purposes of this Section:

23    "School" means a public or private elementary or secondary 
24school,
community college, college, or university.

25    "School related activity" means any sporting, social, 
26academic, or
other activity for which students' attendance or 
 
 
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1participation is sponsored,
organized, or funded in whole or in 
2part by a school or school district.

3    (E) A prosecution for a violation of paragraph (k) of 
4subsection (A) of this Section may be commenced within 6 years 
5after the commission of the offense. A prosecution for a 
6violation of this Section other than paragraph (g) of 
7subsection (A) of this Section may be commenced within 5 years 
8after the commission of the offense defined in the particular 
9paragraph.

10(Source: P.A. 96-190, eff. 1-1-10; 97-227, eff. 1-1-12; 97-347, 
11eff. 1-1-12; 97-813, eff. 7-13-12.)

 
 
12    Section 99. Effective date. This Act takes effect upon 
13becoming law.