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90_HB3754 720 ILCS 5/24-3 from Ch. 38, par. 24-3 Amends the Criminal Code of 1961. Makes a stylistic change in the unlawful sale of firearms statute. LRB9010420RCks LRB9010420RCks 1 AN ACT to amend the Criminal Code of 1961 by changing 2 Section 24-3. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Criminal Code of 1961 is amended by 6 changing Section 24-3 as follows: 7 (720 ILCS 5/24-3) (from Ch. 38, par. 24-3) 8 Sec. 24-3. Unlawful Sale of Firearms. A person commits 9 the offense of unlawful sale of firearms when he or she 10 knowingly: 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; or 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; or 17 (c) Sells or gives any firearm to any narcotic addict; 18 or 19 (d) Sells or gives any firearm to any person who has 20 been convicted of a felony under the laws of this or any 21 other jurisdiction; or 22 (e) Sells or gives any firearm to any person who has 23 been a patient in a mental hospital within the past 5 years; 24 or 25 (f) Sells or gives any firearms to any person who is 26 mentally retarded; or 27 (g) Delivers any firearm of a size which may be 28 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 delivers 31 any rifle, shotgun or other long gun, incidental to a sale, -2- LRB9010420RCks 1 without withholding delivery of such rifle, shotgun or other 2 long gun for at least 24 hours after application for its 3 purchase has been made. However, this paragraph shall not 4 apply to: (1) the sale of a firearm to a law enforcement 5 officer or a person who desires to purchase a firearm for use 6 in promoting the public interest incident to his employment 7 as a bank guard, armed truck guard, or other similar 8 employment; or (2) a mail order sale of a firearm to a 9 nonresident of Illinois under which the firearm is mailed to 10 a point outside the boundaries of Illinois; or (3) the sale 11 of a firearm to a nonresident of Illinois while at a firearm 12 showing or display recognized by the Illinois Department of 13 State Police; or (4) the sale of a firearm to a dealer 14 licensed under the Federal Firearms Act of the United States; 15 or 16 (h) While holding any license under the Federal "Gun 17 Control Act of 1968", as amended, as a dealer, importer, 18 manufacturer or pawnbroker; manufactures, sells or delivers 19 to any unlicensed person a handgun having a barrel, slide, 20 frame 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 purposes 23 of this paragraph, (1) "firearm" is defined as in "An Act 24 relating to the acquisition, possession and transfer of 25 firearms and firearm ammunition, to provide a penalty for the 26 violation thereof and to make an appropriation in connection 27 therewith", approved August 3, 1967, as amended; (2) 28 "handgun" is defined as a firearm designed to be held and 29 fired by the use of a single hand, and includes a combination 30 of parts from which a firearm can be assembled; or 31 (i) Sells or gives a firearm of any size to any person 32 under 18 years of age who does not possess a valid Firearm 33 Owner's Identification Card. 34 (j) Paragraph (h) of this Section shall not include -3- LRB9010420RCks 1 firearms sold within 6 months after enactment of this 2 amendatory Act of 1973, nor shall any firearm legally owned 3 or possessed by any citizen or purchased by any citizen 4 within 6 months after the enactment of this amendatory Act of 5 1973 be subject to confiscation or seizure under the 6 provisions of this amendatory Act of 1973. Nothing in this 7 amendatory Act of 1973 shall be construed to prohibit the 8 gift or trade of any firearm if that firearm was legally held 9 or acquired within 6 months after the enactment of this 10 amendatory Act of 1973. 11 (k) Sentence. 12 Any person convicted of unlawful sale of firearms in 13 violation of paragraphs (b) through (h) commits a Class 4 14 felony. 15 Any person convicted of unlawful sale of firearms in 16 violation of paragraph (a) or (i) commits a Class 3 felony. 17 Any person convicted of unlawful sale of firearms in 18 violation of paragraph (a) or (i) in any school, regardless 19 of the time of day or the time of year, in residential 20 property owned, operated, and managed by a public housing 21 agency, in a public park, in a courthouse, on the real 22 property comprising any school, regardless of the time of day 23 or the time of year, on residential property owned, operated, 24 and managed by a public housing agency, on the real property 25 comprising any public park, on the real property comprising 26 any courthouse, in any conveyance owned, leased, or 27 contracted by a school to transport students to or from 28 school or a school related activity, or on any public way 29 within 1,000 feet of the real property comprising any school, 30 public park, courthouse, or residential property owned, 31 operated, and managed by a public housing agency commits a 32 Class 2 felony. 33 (Source: P.A. 88-680, eff. 1-1-95.)