Bill Text: IL HB3601 | 2011-2012 | 97th General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2013-01-08 - Session Sine Die [HB3601 Detail]

Download: Illinois-2011-HB3601-Introduced.html

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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.
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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
A BILL FOR
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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

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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),

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"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

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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.
(l) Sells or gives any firearm to any person whom the
seller or giver knows is a street gang member. For purposes
to this paragraph (l), "street gang member" has the meaning
ascribed to the term "street gang member" in Section 10 of
the Illinois Streetgang Terrorism Omnibus Prevention Act.
(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 paragraph (c), (e), (f), (g), or (h) of
subsection (A) commits a Class 4 felony.
(2) Any person convicted of unlawful sale of firearms

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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.
(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

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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.

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(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.
(9) Any person convicted of unlawful sale of firearms
in violation of paragraph (d) of subsection (A) commits a
Class 3 felony.
(10) Any person convicted of unlawful sale of firearms
in violation of paragraph (l) of subsection (A) commits a
Class 1 felony.
(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

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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. 95-331, eff. 8-21-07; 95-735, eff. 7-16-08;
96-190, eff. 1-1-10.)
Section 99. Effective date. This Act takes effect upon
becoming law.