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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois, | ||||||
3 | represented in the General Assembly:
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4 | Section 5. The Criminal Code of 2012 is amended by changing | ||||||
5 | Section 24-3 and by adding Section 2-3.1 as follows: | ||||||
6 | (720 ILCS 5/2-3.1 new) | ||||||
7 | Sec. 2-3.1. Assault weapon. "Assault weapon" means: | ||||||
8 | (1) any rifle which has a belt fed ammunition system or | ||||||
9 | which has a detachable magazine capable of holding more than 10 | ||||||
10 | rounds of ammunition; | ||||||
11 | (2) a semi-automatic rifle that has the ability to accept a | ||||||
12 | detachable magazine and has any of the following: | ||||||
13 | (A) a folding or telescoping stock; or | ||||||
14 | (B) a shroud that is attached to, or partially or | ||||||
15 | completely encircles the barrel, and that permits the | ||||||
16 | shooter to hold the firearm with the non-trigger hand | ||||||
17 | without being burned; | ||||||
18 | (3) a semi-automatic pistol that has the ability to accept | ||||||
19 | a detachable magazine and has any of the following: | ||||||
20 | (A) a folding or telescoping stock; | ||||||
21 | (B) a shroud that is attached to, or partially or | ||||||
22 | completely encircles the barrel, and that permits the | ||||||
23 | shooter to hold the firearm with the non-trigger hand |
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1 | without being burned; or | ||||||
2 | (C) a manufactured weight of 50 ounces or more when the | ||||||
3 | pistol is unloaded; | ||||||
4 | (4) a semi-automatic rifle with a fixed magazine that has | ||||||
5 | the capacity to accept more than 10 rounds of ammunition; or | ||||||
6 | (5) a semi-automatic shotgun that has: | ||||||
7 | (A) a folding or telescoping stock; and | ||||||
8 | (B) contains its ammunition in a revolving cylinder; or | ||||||
9 | (C) a fixed magazine capacity in excess of 5 rounds of | ||||||
10 | ammunition, except as may be authorized under the Wildlife | ||||||
11 | Code and excluding magazine extensions during the snow | ||||||
12 | geese conservation order season; or | ||||||
13 | (D) an ability to accept a detachable magazine of more | ||||||
14 | than 5 rounds of ammunition; | ||||||
15 | (6) a .50 caliber rifle centerfire rifle capable of firing | ||||||
16 | a .50 caliber cartridge. The term does not include any antique | ||||||
17 | firearm, any shotgun including a shotgun that has a rifle | ||||||
18 | barrel, or any muzzle-loader which uses black powder for | ||||||
19 | hunting or historical re-enactments. In this paragraph (6), | ||||||
20 | ".50 caliber cartridge" means a cartridge in .50 BMG caliber, | ||||||
21 | either by designation or actual measurement, that is capable of | ||||||
22 | being fired from a centerfire rifle. The term ".50 caliber | ||||||
23 | cartridge" does not include any memorabilia or display item | ||||||
24 | that is filled with a permanent inert substance or that is | ||||||
25 | otherwise permanently altered in a manner that prevents ready | ||||||
26 | modification for use as live ammunition or shotgun ammunition |
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1 | with a caliber measurement that is equal to or greater than .50 | ||||||
2 | caliber. | ||||||
3 | "Assault weapon" does not include: | ||||||
4 | (1) any firearm that: | ||||||
5 | (A) is manually operated by bolt, pump, lever, or slide | ||||||
6 | action; | ||||||
7 | (B) is an unserviceable firearm or has been made | ||||||
8 | permanently inoperable; | ||||||
9 | (C) is an antique firearm; | ||||||
10 | (D) uses rimfire ammunition or cartridges;
or | ||||||
11 | (E) has been excluded as an assault weapon in a | ||||||
12 | Department of Natural Resources rule. The Department of | ||||||
13 | Natural Resources shall have the authority to adopt rules | ||||||
14 | to further define exclusions of assault weapon types under | ||||||
15 | this Section, provided the make, model, and caliber of the | ||||||
16 | firearm excluded has a viable application to hunting game | ||||||
17 | and conforms to accepted hunting principles of fair chase. | ||||||
18 | (2) any air rifle as defined in Section 24.8-0.1 of this | ||||||
19 | Code. | ||||||
20 | In this Section, "antique firearm" has the meaning ascribed to | ||||||
21 | it in 18 U.S.C. 921 (a)(16).
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22 | (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
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23 | Sec. 24-3. Unlawful sale or delivery of firearms.
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24 | (A) A person commits the offense of unlawful sale or | ||||||
25 | delivery of firearms when he
or she knowingly does any of the |
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1 | following:
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2 | (a) Sells or gives any firearm of a size which may be | ||||||
3 | concealed upon the
person to any person under 18 years of | ||||||
4 | age.
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5 | (b) Sells or gives any firearm to a person under 21 | ||||||
6 | years of age who has
been convicted of a misdemeanor other | ||||||
7 | than a traffic offense or adjudged
delinquent.
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8 | (c) Sells or gives any firearm to any narcotic addict.
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9 | (d) Sells or gives any firearm to any person who has | ||||||
10 | been convicted of a
felony under the laws of this or any | ||||||
11 | other jurisdiction.
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12 | (e) Sells or gives any firearm to any person who has | ||||||
13 | been a patient in a
mental institution within the past 5 | ||||||
14 | years. In this subsection (e): | ||||||
15 | "Mental institution" means any hospital, | ||||||
16 | institution, clinic, evaluation facility, mental | ||||||
17 | health center, or part thereof, which is used primarily | ||||||
18 | for the care or treatment of persons with mental | ||||||
19 | illness. | ||||||
20 | "Patient in a mental institution" means the person | ||||||
21 | was admitted, either voluntarily or involuntarily, to | ||||||
22 | a mental institution for mental health treatment, | ||||||
23 | unless the treatment was voluntary and solely for an | ||||||
24 | alcohol abuse disorder and no other secondary | ||||||
25 | substance abuse disorder or mental illness.
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26 | (f) Sells or gives any firearms to any person who is a |
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1 | person with an intellectual disability.
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2 | (g) Delivers any firearm of a size which may be | ||||||
3 | concealed upon the
person or assault weapon , incidental to | ||||||
4 | a sale, without withholding delivery of the such firearm
or | ||||||
5 | assault weapon for at least 72 hours after application for | ||||||
6 | its purchase has been made, or
delivers any other rifle, | ||||||
7 | shotgun , or other long gun, or a stun gun or taser, | ||||||
8 | incidental to a sale,
without withholding delivery of the | ||||||
9 | such rifle, shotgun , or other long gun, or a stun gun or | ||||||
10 | taser for
at least 24 hours after application for its | ||||||
11 | purchase has been made.
However,
this paragraph (g) does | ||||||
12 | 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 from | ||||||
20 | a federally licensed firearms dealer to a nonresident of | ||||||
21 | Illinois under which the firearm
is mailed to a federally | ||||||
22 | licensed firearms dealer outside the boundaries of | ||||||
23 | Illinois; (3) the sale
of a firearm , which is not an | ||||||
24 | assault weapon, to a nonresident of Illinois while at a | ||||||
25 | firearm showing or display
recognized by the Illinois | ||||||
26 | Department of State Police; (4) the sale of a
firearm to a |
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1 | dealer licensed as a federal firearms dealer under Section | ||||||
2 | 923
of the federal Gun Control Act of 1968 (18 U.S.C. 923); | ||||||
3 | or (5) the transfer or sale of any rifle, shotgun, or other | ||||||
4 | long gun to a resident registered competitor or attendee or | ||||||
5 | non-resident registered competitor or attendee by any | ||||||
6 | dealer licensed as a federal firearms dealer under Section | ||||||
7 | 923 of the federal Gun Control Act of 1968 at competitive | ||||||
8 | shooting events held at the World Shooting Complex | ||||||
9 | sanctioned by a national governing body. For purposes of | ||||||
10 | transfers or sales under subparagraph (5) of this paragraph | ||||||
11 | (g), the Department of Natural Resources shall give notice | ||||||
12 | to the Department of State Police at least 30 calendar days | ||||||
13 | prior to any competitive shooting events at the World | ||||||
14 | Shooting Complex sanctioned by a national governing body. | ||||||
15 | The notification shall be made on a form prescribed by the | ||||||
16 | Department of State Police. The sanctioning body shall | ||||||
17 | provide a list of all registered competitors and attendees | ||||||
18 | at least 24 hours before the events to the Department of | ||||||
19 | State Police. Any changes to the list of registered | ||||||
20 | competitors and attendees shall be forwarded to the | ||||||
21 | Department of State Police as soon as practicable. The | ||||||
22 | Department of State Police must destroy the list of | ||||||
23 | registered competitors and attendees no later than 30 days | ||||||
24 | after the date of the event. Nothing in this paragraph (g) | ||||||
25 | relieves a federally licensed firearm dealer from the | ||||||
26 | requirements of conducting a NICS background check through |
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1 | the Illinois Point of Contact under 18 U.S.C. 922(t). For | ||||||
2 | purposes of this paragraph (g), "application" means when | ||||||
3 | the buyer and seller reach an agreement to purchase a | ||||||
4 | firearm.
For purposes of this paragraph (g), "national | ||||||
5 | governing body" means a group of persons who adopt rules | ||||||
6 | and formulate policy on behalf of a national firearm | ||||||
7 | sporting organization.
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8 | (h) While holding any license
as a dealer,
importer, | ||||||
9 | manufacturer or pawnbroker
under the federal Gun Control | ||||||
10 | Act of 1968,
manufactures, sells or delivers to any | ||||||
11 | unlicensed person a handgun having
a barrel, slide, frame | ||||||
12 | or receiver which is a die casting of zinc alloy or
any | ||||||
13 | other nonhomogeneous metal which will melt or deform at a | ||||||
14 | temperature
of less than 800 degrees Fahrenheit. For | ||||||
15 | purposes of this paragraph, (1)
"firearm" is defined as in | ||||||
16 | the Firearm Owners Identification Card Act; and (2)
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17 | "handgun" is defined as a firearm designed to be held
and | ||||||
18 | fired by the use of a single hand, and includes a | ||||||
19 | combination of parts from
which such a firearm can be | ||||||
20 | assembled.
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21 | (i) Sells or gives a firearm of any size to any person | ||||||
22 | under 18 years of
age who does not possess a valid Firearm | ||||||
23 | Owner's Identification Card.
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24 | (j) Sells or gives a firearm while engaged in the | ||||||
25 | business of selling
firearms at wholesale or retail without | ||||||
26 | being licensed as a federal firearms
dealer under Section |
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1 | 923 of the federal Gun Control Act of 1968 (18 U.S.C.
923). | ||||||
2 | In this paragraph (j):
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3 | A person "engaged in the business" means a person who | ||||||
4 | devotes time,
attention, and
labor to
engaging in the | ||||||
5 | activity as a regular course of trade or business with the
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6 | principal objective of livelihood and profit, but does not | ||||||
7 | include a person who
makes occasional repairs of firearms | ||||||
8 | or who occasionally fits special barrels,
stocks, or | ||||||
9 | trigger mechanisms to firearms.
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10 | "With the principal objective of livelihood and | ||||||
11 | profit" means that the
intent
underlying the sale or | ||||||
12 | disposition of firearms is predominantly one of
obtaining | ||||||
13 | livelihood and pecuniary gain, as opposed to other intents, | ||||||
14 | such as
improving or liquidating a personal firearms | ||||||
15 | collection; however, proof of
profit shall not be required | ||||||
16 | as to a person who engages in the regular and
repetitive | ||||||
17 | purchase and disposition of firearms for criminal purposes | ||||||
18 | or
terrorism.
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19 | (k) Sells or transfers ownership of a firearm to a | ||||||
20 | person who does not display to the seller or transferor of | ||||||
21 | the firearm either: (1) a currently valid Firearm Owner's | ||||||
22 | Identification Card that has previously been issued in the | ||||||
23 | transferee's name by the Department of State Police under | ||||||
24 | the provisions of the Firearm Owners Identification Card | ||||||
25 | Act; or (2) a currently valid license to carry a concealed | ||||||
26 | firearm that has previously been issued in the transferee's |
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1 | name by the
Department of State Police under the Firearm | ||||||
2 | Concealed Carry Act. This paragraph (k) does not apply to | ||||||
3 | the transfer of a firearm to a person who is exempt from | ||||||
4 | the requirement of possessing a Firearm Owner's | ||||||
5 | Identification Card under Section 2 of the Firearm Owners | ||||||
6 | Identification Card Act. For the purposes of this Section, | ||||||
7 | a currently valid Firearm Owner's Identification Card | ||||||
8 | means (i) a Firearm Owner's Identification Card that has | ||||||
9 | not expired or (ii) an approval number issued in accordance | ||||||
10 | with subsection (a-10) of subsection 3 or Section 3.1 of | ||||||
11 | the Firearm Owners Identification Card Act shall be proof | ||||||
12 | that the Firearm Owner's Identification Card was valid. | ||||||
13 | (1) In addition to the other requirements of this | ||||||
14 | paragraph (k), all persons who are not federally | ||||||
15 | licensed firearms dealers must also have complied with | ||||||
16 | subsection (a-10) of Section 3 of the Firearm Owners | ||||||
17 | Identification Card Act by determining the validity of | ||||||
18 | a purchaser's Firearm Owner's Identification Card. | ||||||
19 | (2) All sellers or transferors who have complied | ||||||
20 | with the requirements of subparagraph (1) of this | ||||||
21 | paragraph (k) shall not be liable for damages in any | ||||||
22 | civil action arising from the use or misuse by the | ||||||
23 | transferee of the firearm transferred, except for | ||||||
24 | willful or wanton misconduct on the part of the seller | ||||||
25 | or transferor. | ||||||
26 | (l) Not
being entitled to the possession of a firearm, |
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1 | delivers the
firearm, knowing it to have been stolen or | ||||||
2 | converted. It may be inferred that
a person who possesses a | ||||||
3 | firearm with knowledge that its serial number has
been | ||||||
4 | removed or altered has knowledge that the firearm is stolen | ||||||
5 | or converted. | ||||||
6 | (B) Paragraph (h) of subsection (A) does not include | ||||||
7 | firearms sold within 6
months after enactment of Public
Act | ||||||
8 | 78-355 (approved August 21, 1973, effective October 1, 1973), | ||||||
9 | nor is any
firearm legally owned or
possessed by any citizen or | ||||||
10 | purchased by any citizen within 6 months after the
enactment of | ||||||
11 | Public Act 78-355 subject
to confiscation or seizure under the | ||||||
12 | provisions of that Public Act. Nothing in
Public Act 78-355 | ||||||
13 | shall be construed to prohibit the gift or trade of
any firearm | ||||||
14 | if that firearm was legally held or acquired within 6 months | ||||||
15 | after
the enactment of that Public Act.
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16 | (C) Sentence.
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17 | (1) Any person convicted of unlawful sale or delivery | ||||||
18 | of firearms in violation of
paragraph (c), (e), (f), (g), | ||||||
19 | or (h) of subsection (A) commits a Class
4
felony.
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20 | (2) Any person convicted of unlawful sale or delivery | ||||||
21 | of firearms in violation of
paragraph (b) or (i) of | ||||||
22 | subsection (A) commits a Class 3 felony.
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23 | (3) Any person convicted of unlawful sale or delivery | ||||||
24 | of firearms in violation of
paragraph (a) of subsection (A) | ||||||
25 | commits a Class 2 felony.
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26 | (4) Any person convicted of unlawful sale or delivery |
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1 | of firearms in violation of
paragraph (a), (b), or (i) of | ||||||
2 | subsection (A) in any school, on the real
property | ||||||
3 | comprising a school, within 1,000 feet of the real property | ||||||
4 | comprising
a school, at a school related activity, or on or | ||||||
5 | within 1,000 feet of any
conveyance owned, leased, or | ||||||
6 | contracted by a school or school district to
transport | ||||||
7 | students to or from school or a school related activity,
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8 | regardless of the time of day or time of year at which the | ||||||
9 | offense
was committed, commits a Class 1 felony. Any person | ||||||
10 | convicted of a second
or subsequent violation of unlawful | ||||||
11 | sale or delivery of firearms in violation of paragraph
(a), | ||||||
12 | (b), or (i) of subsection (A) in any school, on the real | ||||||
13 | property
comprising a school, within 1,000 feet of the real | ||||||
14 | property comprising a
school, at a school related activity, | ||||||
15 | or on or within 1,000 feet of any
conveyance owned, leased, | ||||||
16 | or contracted by a school or school district to
transport | ||||||
17 | students to or from school or a school related activity,
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18 | regardless of the time of day or time of year at which the | ||||||
19 | offense
was committed, commits a Class 1 felony for which | ||||||
20 | the sentence shall be a
term of imprisonment of no less | ||||||
21 | than 5 years and no more than 15 years.
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22 | (5) Any person convicted of unlawful sale or delivery | ||||||
23 | of firearms in violation of
paragraph (a) or (i) of | ||||||
24 | subsection (A) in residential property owned,
operated, or | ||||||
25 | managed by a public housing agency or leased by a public | ||||||
26 | housing
agency as part of a scattered site or mixed-income |
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1 | development, in a public
park, in a
courthouse, on | ||||||
2 | residential property owned, operated, or managed by a | ||||||
3 | public
housing agency or leased by a public housing agency | ||||||
4 | as part of a scattered site
or mixed-income development, on | ||||||
5 | the real property comprising any public park,
on the real
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6 | property comprising any courthouse, or on any public way | ||||||
7 | within 1,000 feet
of the real property comprising any | ||||||
8 | public park, courthouse, or residential
property owned, | ||||||
9 | operated, or managed by a public housing agency or leased | ||||||
10 | by a
public housing agency as part of a scattered site or | ||||||
11 | mixed-income development
commits a
Class 2 felony.
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12 | (6) Any person convicted of unlawful sale or delivery | ||||||
13 | of firearms in violation of
paragraph (j) of subsection (A) | ||||||
14 | commits a Class A misdemeanor. A second or
subsequent | ||||||
15 | violation is a Class 4 felony. | ||||||
16 | (7) Any person convicted of unlawful sale or delivery | ||||||
17 | of firearms in violation of paragraph (k) of subsection (A) | ||||||
18 | commits a Class 4 felony, except that a violation of | ||||||
19 | subparagraph (1) of paragraph (k) of subsection (A) shall | ||||||
20 | not be punishable as a crime or petty offense. A third or | ||||||
21 | subsequent conviction for a violation of paragraph (k) of | ||||||
22 | subsection (A) is a Class 1 felony.
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23 | (8) A person 18 years of age or older convicted of | ||||||
24 | unlawful sale or delivery of firearms in violation of | ||||||
25 | paragraph (a) or (i) of subsection (A), when the firearm | ||||||
26 | that was sold or given to another person under 18 years of |
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1 | age was used in the commission of or attempt to commit a | ||||||
2 | forcible felony, shall be fined or imprisoned, or both, not | ||||||
3 | to exceed the maximum provided for the most serious | ||||||
4 | forcible felony so committed or attempted by the person | ||||||
5 | under 18 years of age who was sold or given the firearm. | ||||||
6 | (9) Any person convicted of unlawful sale or delivery | ||||||
7 | of firearms in violation of
paragraph (d) of subsection (A) | ||||||
8 | commits a Class 3 felony. | ||||||
9 | (10) Any person convicted of unlawful sale or delivery | ||||||
10 | of firearms in violation of paragraph (l) of subsection (A) | ||||||
11 | commits a Class 2 felony if the delivery is of one firearm. | ||||||
12 | Any person convicted of unlawful sale or delivery of | ||||||
13 | firearms in violation of paragraph (l) of subsection (A) | ||||||
14 | commits a Class 1 felony if the delivery is of not less | ||||||
15 | than 2 and not more than 5 firearms at the
same time or | ||||||
16 | within a one year period. Any person convicted of unlawful | ||||||
17 | sale or delivery of firearms in violation of paragraph (l) | ||||||
18 | of subsection (A) commits a Class X felony for which he or | ||||||
19 | she shall be sentenced
to a term of imprisonment of not | ||||||
20 | less than 6 years and not more than 30
years if the | ||||||
21 | delivery is of not less than 6 and not more than 10 | ||||||
22 | firearms at the
same time or within a 2 year period. Any | ||||||
23 | person convicted of unlawful sale or delivery of firearms | ||||||
24 | in violation of paragraph (l) of subsection (A) commits a | ||||||
25 | Class X felony for which he or she shall be sentenced
to a | ||||||
26 | term of imprisonment of not less than 6 years and not more |
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1 | than 40
years if the delivery is of not less than 11 and | ||||||
2 | not more than 20 firearms at the
same time or within a 3 | ||||||
3 | year period. Any person convicted of unlawful sale or | ||||||
4 | delivery of firearms in violation of paragraph (l) of | ||||||
5 | subsection (A) commits a Class X felony for which he or she | ||||||
6 | shall be sentenced
to a term of imprisonment of not less | ||||||
7 | than 6 years and not more than 50
years if the delivery is | ||||||
8 | of not less than 21 and not more than 30 firearms at the
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9 | same time or within a 4 year period. Any person convicted | ||||||
10 | of unlawful sale or delivery of firearms in violation of | ||||||
11 | paragraph (l) of subsection (A) commits a Class X felony | ||||||
12 | for which he or she shall be sentenced
to a term of | ||||||
13 | imprisonment of not less than 6 years and not more than 60
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14 | years if the delivery is of 31 or more firearms at the
same | ||||||
15 | time or within a 5 year period. | ||||||
16 | (D) For purposes of this Section:
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17 | "School" means a public or private elementary or secondary | ||||||
18 | school,
community college, college, or university.
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19 | "School related activity" means any sporting, social, | ||||||
20 | academic, or
other activity for which students' attendance or | ||||||
21 | participation is sponsored,
organized, or funded in whole or in | ||||||
22 | part by a school or school district.
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23 | (E) A prosecution for a violation of paragraph (k) of | ||||||
24 | subsection (A) of this Section may be commenced within 6 years | ||||||
25 | after the commission of the offense. A prosecution for a | ||||||
26 | violation of this Section other than paragraph (g) of |
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1 | subsection (A) of this Section may be commenced within 5 years | ||||||
2 | after the commission of the offense defined in the particular | ||||||
3 | paragraph.
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4 | (Source: P.A. 98-508, eff. 8-19-13; 99-29, eff. 7-10-15; | ||||||
5 | 99-143, eff. 7-27-15; 99-642, eff. 7-28-16.)
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6 | Section 99. Effective date. This Act takes effect upon | ||||||
7 | becoming law.
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