Public Act 095-0735
Public Act 0735 95TH GENERAL ASSEMBLY
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Public Act 095-0735
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| HB4628 Enrolled |
LRB095 18090 RLC 44173 b |
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| AN ACT concerning criminal law.
| Be it enacted by the People of the State of Illinois,
| represented in the General Assembly:
| Section 5. The Criminal Code of 1961 is amended by changing | Section 24-3 as follows:
| (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
| Sec. 24-3. Unlawful Sale of Firearms.
| (A) A person commits the offense of unlawful sale of | firearms when he
or she knowingly does any of the following:
| (a) Sells or gives any firearm of a size which may be | concealed upon the
person to any person under 18 years of | age.
| (b) Sells or gives any firearm to a person under 21 | years of age who has
been convicted of a misdemeanor other | than a traffic offense or adjudged
delinquent.
| (c) Sells or gives any firearm to any narcotic addict.
| (d) Sells or gives any firearm to any person who has | been convicted of a
felony under the laws of this or any | other jurisdiction.
| (e) Sells or gives any firearm to any person who has | been a patient in a
mental hospital within the past 5 | years.
| (f) Sells or gives any firearms to any person who is |
| mentally
retarded.
| (g) Delivers any firearm of a size which may be | concealed upon the
person, incidental to a sale, without | withholding delivery of such firearm
for at least 72 hours | after application for its purchase has been made, or
| delivers any rifle, shotgun or other long gun, or a stun | gun or taser, incidental to a sale,
without withholding | delivery of such rifle, shotgun or other long gun, or a | stun gun or taser for
at least 24 hours after application | for its purchase has been made.
However,
this paragraph (g) | does not apply to: (1) the sale of a firearm
to a law | enforcement officer if the seller of the firearm knows that | the person to whom he or she is selling the firearm is a | law enforcement officer or the sale of a firearm to a | person who desires to purchase a firearm for
use in | promoting the public interest incident to his or her | employment as a
bank guard, armed truck guard, or other | similar employment; (2) a mail
order sale of a firearm to a | nonresident of Illinois under which the firearm
is mailed | to a point outside the boundaries of Illinois; (3) the sale
| of a firearm to a nonresident of Illinois while at a | firearm showing or display
recognized by the Illinois | Department of State Police; or (4) the sale of a
firearm to | a dealer licensed as a federal firearms dealer under | Section 923
of the federal Gun Control Act of 1968 (18 | U.S.C. 923). For purposes of this paragraph (g), |
| "application" means when the buyer and seller reach an | agreement to purchase a firearm.
| (h) While holding any license
as a dealer,
importer, | manufacturer or pawnbroker
under the federal Gun Control | Act of 1968,
manufactures, sells or delivers to any | unlicensed person a handgun having
a barrel, slide, frame | or receiver which is a die casting of zinc alloy or
any | other nonhomogeneous metal which will melt or deform at a | temperature
of less than 800 degrees Fahrenheit. For | purposes of this paragraph, (1)
"firearm" is defined as in | the Firearm Owners Identification Card Act; and (2)
| "handgun" is defined as a firearm designed to be held
and | fired by the use of a single hand, and includes a | combination of parts from
which such a firearm can be | assembled.
| (i) Sells or gives a firearm of any size to any person | under 18 years of
age who does not possess a valid Firearm | Owner's Identification Card.
| (j) Sells or gives a firearm while engaged in the | business of selling
firearms at wholesale or retail without | being licensed as a federal firearms
dealer under Section | 923 of the federal Gun Control Act of 1968 (18 U.S.C.
923). | In this paragraph (j):
| A person "engaged in the business" means a person who | devotes time,
attention, and
labor to
engaging in the | activity as a regular course of trade or business with the
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| principal objective of livelihood and profit, but does not | include a person who
makes occasional repairs of firearms | or who occasionally fits special barrels,
stocks, or | trigger mechanisms to firearms.
| "With the principal objective of livelihood and | profit" means that the
intent
underlying the sale or | disposition of firearms is predominantly one of
obtaining | livelihood and pecuniary gain, as opposed to other intents, | such as
improving or liquidating a personal firearms | collection; however, proof of
profit shall not be required | as to a person who engages in the regular and
repetitive | purchase and disposition of firearms for criminal purposes | or
terrorism.
| (k) Sells or transfers ownership of a firearm to a | person who does not display to the seller or transferor of | the firearm a currently valid Firearm Owner's | Identification Card that has previously been issued in the | transferee's name by the Department of State Police under | the provisions of the Firearm Owners Identification Card | Act. This paragraph (k) does not apply to the transfer of a | firearm to a person who is exempt from the requirement of | possessing a Firearm Owner's Identification Card under | Section 2 of the Firearm Owners Identification Card Act. | For the purposes of this Section, a currently valid Firearm | Owner's Identification Card means (i) a Firearm Owner's | Identification Card that has not expired or (ii) if the |
| transferor is licensed as a federal firearms dealer under | Section 923 of the federal Gun Control Act of 1968 (18 | U.S.C. 923), an approval number issued in accordance with | Section 3.1 of the Firearm Owners Identification Card Act | shall be proof that the Firearm Owner's Identification Card | was valid. | (B) Paragraph (h) of subsection (A) does not include | firearms sold within 6
months after enactment of Public
Act | 78-355 (approved August 21, 1973, effective October 1, 1973), | nor is any
firearm legally owned or
possessed by any citizen or | purchased by any citizen within 6 months after the
enactment of | Public Act 78-355 subject
to confiscation or seizure under the | provisions of that Public Act. Nothing in
Public Act 78-355 | shall be construed to prohibit the gift or trade of
any firearm | if that firearm was legally held or acquired within 6 months | after
the enactment of that Public Act.
| (C) Sentence.
| (1) Any person convicted of unlawful sale of firearms | in violation of
any of paragraphs (c) through (h) of | subsection (A) commits a Class
4
felony.
| (2) Any person convicted of unlawful sale of firearms | in violation of
paragraph (b) or (i) of subsection (A) | commits a Class 3 felony.
| (3) Any person convicted of unlawful sale of firearms | in violation of
paragraph (a) of subsection (A) commits a | Class 2 felony.
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| (4) Any person convicted of unlawful sale of firearms | in violation of
paragraph (a), (b), or (i) of subsection | (A) in any school, on the real
property comprising a | school, within 1,000 feet of the real property comprising
a | school, at a school related activity, or on or within 1,000 | feet of any
conveyance owned, leased, or contracted by a | school or school district to
transport students to or from | school or a school related activity,
regardless of the time | of day or time of year at which the offense
was committed, | commits a Class 1 felony. Any person convicted of a second
| or subsequent violation of unlawful sale of firearms in | violation of paragraph
(a), (b), or (i) of subsection (A) | in any school, on the real property
comprising a school, | within 1,000 feet of the real property comprising a
school, | at a school related activity, or on or within 1,000 feet of | any
conveyance owned, leased, or contracted by a school or | school district to
transport students to or from school or | a school related activity,
regardless of the time of day or | time of year at which the offense
was committed, commits a | Class 1 felony for which the sentence shall be a
term of | imprisonment of no less than 5 years and no more than 15 | years.
| (5) Any person convicted of unlawful sale of firearms | in violation of
paragraph (a) or (i) of subsection (A) in | residential property owned,
operated, or managed by a | public housing agency or leased by a public housing
agency |
| as part of a scattered site or mixed-income development, in | a public
park, in a
courthouse, on residential property | owned, operated, or managed by a public
housing agency or | leased by a public housing agency as part of a scattered | site
or mixed-income development, on the real property | comprising any public park,
on the real
property comprising | any courthouse, or on any public way within 1,000 feet
of | the real property comprising any public park, courthouse, | or residential
property owned, operated, or managed by a | public housing agency or leased by a
public housing agency | as part of a scattered site or mixed-income development
| commits a
Class 2 felony.
| (6) Any person convicted of unlawful sale of firearms | in violation of
paragraph (j) of subsection (A) commits a | Class A misdemeanor. A second or
subsequent violation is a | Class 4 felony. | (7) Any person convicted of unlawful sale of firearms | in violation of paragraph (k) of subsection (A) commits a | Class 4 felony. A third or subsequent conviction for a | violation of paragraph (k) of subsection (A) is a Class 1 | felony.
| (8) A person 18 years of age or older convicted of | unlawful sale of firearms in violation of paragraph (a) or | (i) of subsection (A), when the firearm that was sold or | given to another person under 18 years of age was used in | the commission of or attempt to commit a forcible felony, |
| shall be fined or imprisoned, or both, not to exceed the | maximum provided for the most serious forcible felony so | committed or attempted by the person under 18 years of age | who was sold or given the firearm. | (D) For purposes of this Section:
| "School" means a public or private elementary or secondary | school,
community college, college, or university.
| "School related activity" means any sporting, social, | academic, or
other activity for which students' attendance or | participation is sponsored,
organized, or funded in whole or in | part by a school or school district.
| (E) A prosecution for a violation of paragraph (k) of | subsection (A) of this Section may be commenced within 6 years | after the commission of the offense. A prosecution for a | violation of this Section other than paragraph (g) of | subsection (A) of this Section may be commenced within 5 years | after the commission of the offense defined in the particular | paragraph.
| (Source: P.A. 94-6, eff. 1-1-06; 94-284, eff. 7-21-05; 95-331, | eff. 8-21-07.)
| Section 99. Effective date. This Act takes effect upon | becoming law.
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Effective Date: 07/16/2008
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