(A) A person commits the offense of unlawful sale of firearms when he or she knowingly:
(1) Sells or gives any firearm of a size which may be concealed upon the person to any person under 18 years of age;
(2) 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;
(3) Sells or gives any firearm to any narcotic addict;
(4) Sells or gives any firearm to any person who has been convicted of a felony under the laws of this state or any other jurisdiction within 5 years from release from the penitentiary or within 5 years of conviction if a penitentiary sentence has not been imposed;
(5) Sells or gives any firearm to any person who has been a patient in a mental hospital within the past 5 years;
(6) Sells or gives any firearms to any person who is mentally retarded;
(7) Delivers any firearm of a size which may be concealed upon the person, incidental to a sale, without withholding delivery of the firearm for at least 72 hours after application for its purchase has been made, or delivers any rifle, shotgun, or other long gun, incidental to a sale, without withholding delivery of the rifle, shotgun, or other long gun for at least 24 hours after application for its purchase has been made. However, this division shall not apply to:
(a) The sale of a firearm to a law enforcement officer or 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;
(b) 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;
(c) The sale of a firearm to a nonresident of Illinois while at a firearm showing or display recognized by the State Department of Law Enforcement; or
(d) The sale of a firearm to a dealer licensed under the Federal Firearms Act.
(8) While holding any license under the Federal Gun Control Act of 1968, as amended (18 U.S.C. §§ 921 et seq.; 26 U.S.C. §§ 5801 et seq.), as a dealer, importer, manufacturer or pawnbroker; 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 800º Fahrenheit.
(B) For the purpose of this division, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(1) FIREARM. Any device, by whatever name known, which is designed to expel a projectile or projectiles by the action of an explosion, expansion of gas or escape of gas, excluding, however:
(a) Any pneumatic gun, spring gun, or BB gun which expels a single globular projectile not exceeding 0.18 inch in diameter;
(b) Any device used exclusively for signaling or safety and required or recommended by the United States Coast Guard or the Interstate Commerce Commission;
(c) Any device used exclusively for the firing of stud cartridges, explosive rivets or similar industrial ammunition; and
(d) An antique firearm (other than a machine gun) which, although designed as a weapon, the State Department of Law Enforcement finds by reason of the date of its manufacture, value, design and other characteristics is primarily a collector’s item and is not likely to be used as a weapon.
(2) HANDGUN. A firearm designed to be held and fired by the use of a single hand, and includes a combination of parts from which a firearm can be assembled.
(Prior Code, § 9-86)
Statutory reference:
Similar provisions, exceptions, penalties, see ILCS Ch. 720, Act 5, § 24-3