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1 | AN ACT concerning firearm silencers.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Wildlife Code is amended by changing Section | ||||||||||||||||||||||||||||
5 | 2.33 as follows:
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6 | (520 ILCS 5/2.33) (from Ch. 61, par. 2.33)
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7 | Sec. 2.33. Prohibitions.
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8 | (a) It is unlawful to carry or possess any gun in any
State | ||||||||||||||||||||||||||||
9 | refuge unless otherwise permitted by administrative rule.
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10 | (b) It is unlawful to use or possess any snare or | ||||||||||||||||||||||||||||
11 | snare-like device,
deadfall, net, or pit trap to take any | ||||||||||||||||||||||||||||
12 | species, except that snares not
powered by springs or other | ||||||||||||||||||||||||||||
13 | mechanical devices may be used to trap
fur-bearing mammals, in | ||||||||||||||||||||||||||||
14 | water sets only, if at least one-half of the snare
noose is | ||||||||||||||||||||||||||||
15 | located underwater at all times.
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16 | (c) It is unlawful for any person at any time to take a | ||||||||||||||||||||||||||||
17 | wild mammal
protected by this Act from its den by means of any | ||||||||||||||||||||||||||||
18 | mechanical device,
spade, or digging device or to use smoke or | ||||||||||||||||||||||||||||
19 | other gases to dislodge or
remove such mammal except as | ||||||||||||||||||||||||||||
20 | provided in Section 2.37.
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21 | (d) It is unlawful to use a ferret or any other small | ||||||||||||||||||||||||||||
22 | mammal which is
used in the same or similar manner for which | ||||||||||||||||||||||||||||
23 | ferrets are used for the
purpose of frightening or driving any |
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| |||||||
1 | mammals from their dens or hiding places.
| ||||||
2 | (e) (Blank).
| ||||||
3 | (f) It is unlawful to use spears, gigs, hooks or any like | ||||||
4 | device to
take any species protected by this Act.
| ||||||
5 | (g) It is unlawful to use poisons, chemicals or explosives | ||||||
6 | for the
purpose of taking any species protected by this Act.
| ||||||
7 | (h) It is unlawful to hunt adjacent to or near any peat, | ||||||
8 | grass,
brush or other inflammable substance when it is burning.
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9 | (i) It is unlawful to take, pursue or intentionally harass | ||||||
10 | or disturb
in any manner any wild birds or mammals by use or | ||||||
11 | aid of any vehicle or
conveyance, except as permitted by the | ||||||
12 | Code of Federal Regulations for the
taking of waterfowl. It is | ||||||
13 | also unlawful to use the lights of any vehicle
or conveyance or | ||||||
14 | any light from or any light connected to the
vehicle or | ||||||
15 | conveyance in any area where wildlife may be found except in
| ||||||
16 | accordance with Section 2.37 of this Act; however, nothing in | ||||||
17 | this
Section shall prohibit the normal use of headlamps for the | ||||||
18 | purpose of driving
upon a roadway. Striped skunk, opossum, red | ||||||
19 | fox, gray
fox, raccoon, bobcat, and coyote may be taken during | ||||||
20 | the open season by use of a small
light which is worn on the | ||||||
21 | body or hand-held by a person on foot and not in any
vehicle.
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22 | (j) It is unlawful to use any shotgun larger than 10 gauge | ||||||
23 | while
taking or attempting to take any of the species protected | ||||||
24 | by this Act.
| ||||||
25 | (k) It is unlawful to use or possess in the field any | ||||||
26 | shotgun shell loaded
with a shot size larger than lead BB or |
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1 | steel T (.20 diameter) when taking or
attempting to take any | ||||||
2 | species of wild game mammals (excluding white-tailed
deer), | ||||||
3 | wild game birds, migratory waterfowl or migratory game birds | ||||||
4 | protected
by this Act, except white-tailed deer as provided for | ||||||
5 | in Section 2.26 and other
species as provided for by subsection | ||||||
6 | (l) or administrative rule.
| ||||||
7 | (l) It is unlawful to take any species of wild game, except
| ||||||
8 | white-tailed deer and fur-bearing mammals, with a shotgun | ||||||
9 | loaded with slugs unless otherwise
provided for by | ||||||
10 | administrative rule.
| ||||||
11 | (m) It is unlawful to use any shotgun capable of holding | ||||||
12 | more than 3
shells in the magazine or chamber combined, except | ||||||
13 | on game breeding and
hunting preserve areas licensed under | ||||||
14 | Section 3.27 and except as permitted by
the Code of Federal | ||||||
15 | Regulations for the taking of waterfowl. If the shotgun
is | ||||||
16 | capable of holding more than 3 shells, it shall, while being | ||||||
17 | used on an
area other than a game breeding and shooting | ||||||
18 | preserve area licensed
pursuant to Section 3.27, be fitted with | ||||||
19 | a one piece plug that is
irremovable without dismantling the | ||||||
20 | shotgun or otherwise altered to
render it incapable of holding | ||||||
21 | more than 3 shells in the magazine and
chamber, combined.
| ||||||
22 | (n) It is unlawful for any person, except persons who | ||||||
23 | possess a permit to
hunt from a vehicle as provided in this | ||||||
24 | Section and persons otherwise permitted
by law, to have or | ||||||
25 | carry any gun in or on any vehicle, conveyance or aircraft,
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26 | unless such gun is unloaded and enclosed in a case, except that |
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1 | at field trials
authorized by Section 2.34 of this Act, | ||||||
2 | unloaded guns or guns loaded with blank
cartridges only, may be | ||||||
3 | carried on horseback while not contained in a case, or
to have | ||||||
4 | or carry any bow or arrow device in or on any vehicle unless | ||||||
5 | such bow
or arrow device is unstrung or enclosed in a case, or | ||||||
6 | otherwise made
inoperable.
| ||||||
7 | (o) It is unlawful to use any crossbow for the purpose of | ||||||
8 | taking any
wild birds or mammals, except as provided for in | ||||||
9 | Section 2.5.
| ||||||
10 | (p) It is unlawful to take game birds, migratory game birds | ||||||
11 | or
migratory waterfowl with a rifle, pistol, revolver or | ||||||
12 | airgun.
| ||||||
13 | (q) It is unlawful to fire a rifle, pistol, revolver or | ||||||
14 | airgun on,
over or into any waters of this State, including | ||||||
15 | frozen waters.
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16 | (r) It is unlawful to discharge any gun or bow and arrow | ||||||
17 | device
along, upon, across, or from any public right-of-way or | ||||||
18 | highway in this State.
| ||||||
19 | (s) (Blank). It is unlawful to use a silencer or other | ||||||
20 | device to muffle or
mute the sound of the explosion or report | ||||||
21 | resulting from the firing of
any gun.
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22 | (t) It is unlawful for any person to take or attempt to | ||||||
23 | take any species of wildlife or parts thereof, intentionally or | ||||||
24 | wantonly allow a dog to
hunt, within or upon the land of | ||||||
25 | another, or upon waters flowing over or
standing on the land of | ||||||
26 | another, or to knowingly shoot a gun or bow and arrow device at |
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| |||||||
1 | any wildlife physically on or flying over the property of | ||||||
2 | another without first obtaining permission from
the owner or | ||||||
3 | the owner's designee. For the purposes of this Section, the | ||||||
4 | owner's designee means anyone who the owner designates in a | ||||||
5 | written authorization and the authorization must contain (i) | ||||||
6 | the legal or common description of property for such authority | ||||||
7 | is given, (ii) the extent that the owner's designee is | ||||||
8 | authorized to make decisions regarding who is allowed to take | ||||||
9 | or attempt to take any species of wildlife or parts thereof, | ||||||
10 | and (iii) the owner's notarized signature. Before enforcing | ||||||
11 | this
Section the law enforcement officer must have received | ||||||
12 | notice from the
owner or the owner's designee of a violation of | ||||||
13 | this Section. Statements made to the
law enforcement officer | ||||||
14 | regarding this notice shall not be rendered
inadmissible by the | ||||||
15 | hearsay rule when offered for the purpose of showing the
| ||||||
16 | required notice.
| ||||||
17 | (u) It is unlawful for any person to discharge any firearm | ||||||
18 | for the purpose
of taking any of the species protected by this | ||||||
19 | Act, or hunt with gun or
dog, or intentionally or wantonly | ||||||
20 | allow a dog to hunt, within 300 yards of an inhabited dwelling | ||||||
21 | without
first obtaining permission from the owner or tenant, | ||||||
22 | except that while
trapping, hunting with bow and arrow, hunting | ||||||
23 | with dog and shotgun using shot
shells only, or hunting with | ||||||
24 | shotgun using shot shells only, or providing outfitting | ||||||
25 | services under a waterfowl outfitter permit, or
on licensed | ||||||
26 | game breeding and hunting preserve areas, as defined in Section
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| |||||||
1 | 3.27, on
federally owned and managed lands and on Department | ||||||
2 | owned, managed, leased, or
controlled lands, a 100 yard | ||||||
3 | restriction shall apply.
| ||||||
4 | (v) It is unlawful for any person to remove fur-bearing | ||||||
5 | mammals from, or
to move or disturb in any manner, the traps | ||||||
6 | owned by another person without
written authorization of the | ||||||
7 | owner to do so.
| ||||||
8 | (w) It is unlawful for any owner of a dog to knowingly or | ||||||
9 | wantonly allow
his or her dog to pursue, harass or kill deer, | ||||||
10 | except that nothing in this Section shall prohibit the tracking | ||||||
11 | of wounded deer with a dog in accordance with the provisions of | ||||||
12 | Section 2.26 of this Code.
| ||||||
13 | (x) It is unlawful for any person to wantonly or carelessly | ||||||
14 | injure
or destroy, in any manner whatsoever, any real or | ||||||
15 | personal property on
the land of another while engaged in | ||||||
16 | hunting or trapping thereon.
| ||||||
17 | (y) It is unlawful to hunt wild game protected by this Act | ||||||
18 | between one
half hour after sunset and one half hour before | ||||||
19 | sunrise, except that
hunting hours between one half hour after | ||||||
20 | sunset and one half hour
before sunrise may be established by | ||||||
21 | administrative rule for fur-bearing
mammals.
| ||||||
22 | (z) It is unlawful to take any game bird (excluding wild | ||||||
23 | turkeys and
crippled pheasants not capable of normal flight and | ||||||
24 | otherwise irretrievable)
protected by this Act when not flying. | ||||||
25 | Nothing in this Section shall prohibit
a person from carrying | ||||||
26 | an uncased, unloaded shotgun in a boat, while in pursuit
of a |
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1 | crippled migratory waterfowl that is incapable of normal | ||||||
2 | flight, for the
purpose of attempting to reduce the migratory | ||||||
3 | waterfowl to possession, provided
that the attempt is made | ||||||
4 | immediately upon downing the migratory waterfowl and
is done | ||||||
5 | within 400 yards of the blind from which the migratory | ||||||
6 | waterfowl was
downed. This exception shall apply only to | ||||||
7 | migratory game birds that are not
capable of normal flight. | ||||||
8 | Migratory waterfowl that are crippled may be taken
only with a | ||||||
9 | shotgun as regulated by subsection (j) of this Section using
| ||||||
10 | shotgun shells as regulated in subsection (k) of this Section.
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11 | (aa) It is unlawful to use or possess any device that may | ||||||
12 | be used for
tree climbing or cutting, while hunting fur-bearing | ||||||
13 | mammals, excluding coyotes.
| ||||||
14 | (bb) It is unlawful for any person, except licensed game | ||||||
15 | breeders,
pursuant to Section 2.29 to import, carry into, or | ||||||
16 | possess alive in this
State any species of wildlife taken | ||||||
17 | outside of this State, without
obtaining permission to do so | ||||||
18 | from the Director.
| ||||||
19 | (cc) It is unlawful for any person to have in his or her
| ||||||
20 | possession any freshly killed species protected by this Act | ||||||
21 | during the season
closed for taking.
| ||||||
22 | (dd) It is unlawful to take any species protected by this | ||||||
23 | Act and retain
it alive except as provided by administrative | ||||||
24 | rule.
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25 | (ee) It is unlawful to possess any rifle while in the field | ||||||
26 | during gun
deer season except as provided in Section 2.26 and |
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| |||||||
1 | administrative rules.
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2 | (ff) It is unlawful for any person to take any species | ||||||
3 | protected by
this Act, except migratory waterfowl, during the | ||||||
4 | gun deer hunting season in
those counties open to gun deer | ||||||
5 | hunting, unless he or she wears, when in
the field, a cap and | ||||||
6 | upper outer garment of a solid blaze orange color, with
such | ||||||
7 | articles of clothing displaying a minimum of 400 square inches | ||||||
8 | of
blaze orange material.
| ||||||
9 | (gg) It is unlawful during the upland game season for any | ||||||
10 | person to take
upland game with a firearm unless he or she | ||||||
11 | wears, while in the field, a
cap of solid blaze orange color. | ||||||
12 | For purposes of this Act, upland game is
defined as Bobwhite | ||||||
13 | Quail, Hungarian Partridge, Ring-necked Pheasant, Eastern
| ||||||
14 | Cottontail and Swamp Rabbit.
| ||||||
15 | (hh) It shall be unlawful to kill or cripple any species | ||||||
16 | protected by
this Act for which there is a bag limit without | ||||||
17 | making a reasonable
effort to retrieve such species and include | ||||||
18 | such in the bag limit. It shall be unlawful for any person | ||||||
19 | having control over harvested game mammals, game birds, or | ||||||
20 | migratory game birds for which there is a bag limit to wantonly | ||||||
21 | waste or destroy the usable meat of the game, except this shall | ||||||
22 | not apply to wildlife taken under Sections 2.37 or 3.22 of this | ||||||
23 | Code. For purposes of this subsection, "usable meat" means the | ||||||
24 | breast meat of a game bird or migratory game bird and the hind | ||||||
25 | ham and front shoulders of a game mammal. It shall be unlawful | ||||||
26 | for any person to place, leave, dump, or abandon a wildlife |
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1 | carcass or parts of it along or upon a public right-of-way or | ||||||
2 | highway or on public or private property, including a waterway | ||||||
3 | or stream, without the permission of the owner or tenant. It | ||||||
4 | shall not be unlawful to discard game meat that is determined | ||||||
5 | to be unfit for human consumption.
| ||||||
6 | (ii) This Section shall apply only to those species | ||||||
7 | protected by this
Act taken within the State. Any species or | ||||||
8 | any parts thereof, legally taken
in and transported from other | ||||||
9 | states or countries, may be possessed
within the State, except | ||||||
10 | as provided in this Section and Sections 2.35, 2.36
and 3.21.
| ||||||
11 | (jj) (Blank).
| ||||||
12 | (kk) Nothing contained in this Section shall prohibit the | ||||||
13 | Director
from issuing permits to paraplegics or to other | ||||||
14 | persons with disabilities who meet the
requirements set forth | ||||||
15 | in administrative rule to shoot or hunt from a vehicle
as | ||||||
16 | provided by that rule, provided that such is otherwise in | ||||||
17 | accord with this
Act.
| ||||||
18 | (ll) Nothing contained in this Act shall prohibit the | ||||||
19 | taking of aquatic
life protected by the Fish and Aquatic Life | ||||||
20 | Code or birds and mammals
protected by this Act, except deer | ||||||
21 | and fur-bearing mammals, from a boat not
camouflaged or | ||||||
22 | disguised to alter its identity or to further provide a place
| ||||||
23 | of concealment and not propelled by sail or mechanical power. | ||||||
24 | However, only
shotguns not larger than 10 gauge nor smaller | ||||||
25 | than .410 bore loaded with not
more than 3 shells of a shot | ||||||
26 | size no larger than lead BB or steel T (.20
diameter) may be |
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| |||||||
1 | used to take species protected by this Act.
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2 | (mm) Nothing contained in this Act shall prohibit the use | ||||||
3 | of a shotgun,
not larger than 10 gauge nor smaller than a 20 | ||||||
4 | gauge, with a rifled barrel.
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5 | (nn) It shall be unlawful to possess any species of | ||||||
6 | wildlife or wildlife parts taken unlawfully in Illinois, any | ||||||
7 | other state, or any other country, whether or not the wildlife | ||||||
8 | or wildlife parts is indigenous to Illinois. For the purposes | ||||||
9 | of this subsection, the statute of limitations for unlawful | ||||||
10 | possession of wildlife or wildlife parts shall not cease until | ||||||
11 | 2 years after the possession has permanently ended. | ||||||
12 | (Source: P.A. 98-119, eff. 1-1-14; 98-181, eff. 8-5-13; 98-183, | ||||||
13 | eff. 1-1-14; 98-290, eff. 8-9-13; 98-756, eff. 7-16-14; 98-914, | ||||||
14 | eff. 1-1-15; 99-33, eff. 1-1-16; 99-143, eff. 7-27-15; 99-642, | ||||||
15 | eff. 7-28-16.)
| ||||||
16 | Section 10. The Criminal Code of 2012 is amended by | ||||||
17 | changing Section 24-1 and 24-3 as follows:
| ||||||
18 | (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
| ||||||
19 | Sec. 24-1. Unlawful use of weapons.
| ||||||
20 | (a) A person commits the offense of unlawful use of weapons | ||||||
21 | when
he knowingly:
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22 | (1) Sells, manufactures, purchases, possesses or | ||||||
23 | carries any bludgeon,
black-jack, slung-shot, sand-club, | ||||||
24 | sand-bag, metal knuckles or other knuckle weapon |
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| |||||||
1 | regardless of its composition, throwing star,
or any knife, | ||||||
2 | commonly referred to as a switchblade knife, which has a
| ||||||
3 | blade that opens automatically by hand pressure applied to | ||||||
4 | a button,
spring or other device in the handle of the | ||||||
5 | knife, or a ballistic knife,
which is a device that propels | ||||||
6 | a knifelike blade as a projectile by means
of a coil | ||||||
7 | spring, elastic material or compressed gas; or
| ||||||
8 | (2) Carries or possesses with intent to use the same | ||||||
9 | unlawfully
against another, a dagger, dirk, billy, | ||||||
10 | dangerous knife, razor,
stiletto, broken bottle or other | ||||||
11 | piece of glass, stun gun or taser or
any other dangerous or | ||||||
12 | deadly weapon or instrument of like character; or
| ||||||
13 | (3) Carries on or about his person or in any vehicle, a | ||||||
14 | tear gas gun
projector or bomb or any object containing | ||||||
15 | noxious liquid gas or
substance, other than an object | ||||||
16 | containing a non-lethal noxious liquid gas
or substance | ||||||
17 | designed solely for personal defense carried by a person 18
| ||||||
18 | years of age or older; or
| ||||||
19 | (4) Carries or possesses in any vehicle or concealed on | ||||||
20 | or about his
person except when on his land or in his own | ||||||
21 | abode, legal dwelling, or fixed place of
business, or on | ||||||
22 | the land or in the legal dwelling of another person as an | ||||||
23 | invitee with that person's permission, any pistol, | ||||||
24 | revolver, stun gun or taser or other firearm, except
that
| ||||||
25 | this subsection (a) (4) does not apply to or affect | ||||||
26 | transportation of weapons
that meet one of the following |
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| |||||||
1 | conditions:
| ||||||
2 | (i) are broken down in a non-functioning state; or
| ||||||
3 | (ii) are not immediately accessible; or
| ||||||
4 | (iii) are unloaded and enclosed in a case, firearm | ||||||
5 | carrying box,
shipping box, or other container by a | ||||||
6 | person who has been issued a currently
valid Firearm | ||||||
7 | Owner's
Identification Card; or | ||||||
8 | (iv) are carried or possessed in accordance with | ||||||
9 | the Firearm Concealed Carry Act by a person who has | ||||||
10 | been issued a currently valid license under the Firearm | ||||||
11 | Concealed Carry Act; or
| ||||||
12 | (5) Sets a spring gun; or
| ||||||
13 | (6) Uses, attaches, or possesses with the intent to use | ||||||
14 | or attach Possesses any device or attachment of any kind | ||||||
15 | for designed, used or
intended for use in silencing the | ||||||
16 | report of any handgun, unless the use, attachment, or | ||||||
17 | possession with the intent to use the device or attachment | ||||||
18 | is on the premises of a firing or shooting range; or | ||||||
19 | possesses any device or attachment of any kind designed, | ||||||
20 | used, or intended for use in silencing the report of any | ||||||
21 | other firearm if the device or attachment is not possessed | ||||||
22 | in compliance with the federal National Firearms Act | ||||||
23 | firearm ; or
| ||||||
24 | (7) Sells, manufactures, purchases, possesses or | ||||||
25 | carries:
| ||||||
26 | (i) a machine gun, which shall be defined for the |
| |||||||
| |||||||
1 | purposes of this
subsection as any weapon,
which | ||||||
2 | shoots, is designed to shoot, or can be readily | ||||||
3 | restored to shoot,
automatically more than one shot | ||||||
4 | without manually reloading by a single
function of the | ||||||
5 | trigger, including the frame or receiver
of any such | ||||||
6 | weapon, or sells, manufactures, purchases, possesses, | ||||||
7 | or
carries any combination of parts designed or | ||||||
8 | intended for
use in converting any weapon into a | ||||||
9 | machine gun, or any combination or
parts from which a | ||||||
10 | machine gun can be assembled if such parts are in the
| ||||||
11 | possession or under the control of a person;
| ||||||
12 | (ii) any rifle having one or
more barrels less than | ||||||
13 | 16 inches in length or a shotgun having one or more
| ||||||
14 | barrels less than 18 inches in length or any weapon | ||||||
15 | made from a rifle or
shotgun, whether by alteration, | ||||||
16 | modification, or otherwise, if such a weapon
as | ||||||
17 | modified has an overall length of less than 26 inches; | ||||||
18 | or
| ||||||
19 | (iii) any
bomb, bomb-shell, grenade, bottle or | ||||||
20 | other container containing an
explosive substance of | ||||||
21 | over one-quarter ounce for like purposes, such
as, but | ||||||
22 | not limited to, black powder bombs and Molotov | ||||||
23 | cocktails or
artillery projectiles; or
| ||||||
24 | (8) Carries or possesses any firearm, stun gun or taser | ||||||
25 | or other
deadly weapon in any place which is licensed to | ||||||
26 | sell intoxicating
beverages, or at any public gathering |
| |||||||
| |||||||
1 | held pursuant to a license issued
by any governmental body | ||||||
2 | or any public gathering at which an admission
is charged, | ||||||
3 | excluding a place where a showing, demonstration or lecture
| ||||||
4 | involving the exhibition of unloaded firearms is | ||||||
5 | conducted.
| ||||||
6 | This subsection (a)(8) does not apply to any auction or | ||||||
7 | raffle of a firearm
held pursuant to
a license or permit | ||||||
8 | issued by a governmental body, nor does it apply to persons
| ||||||
9 | engaged
in firearm safety training courses; or
| ||||||
10 | (9) Carries or possesses in a vehicle or on or about | ||||||
11 | his person any
pistol, revolver, stun gun or taser or | ||||||
12 | firearm or ballistic knife, when
he is hooded, robed or | ||||||
13 | masked in such manner as to conceal his identity; or
| ||||||
14 | (10) Carries or possesses on or about his person, upon | ||||||
15 | any public street,
alley, or other public lands within the | ||||||
16 | corporate limits of a city, village
or incorporated town, | ||||||
17 | except when an invitee thereon or therein, for the
purpose | ||||||
18 | of the display of such weapon or the lawful commerce in | ||||||
19 | weapons, or
except when on his land or in his own abode, | ||||||
20 | legal dwelling, or fixed place of business, or on the land | ||||||
21 | or in the legal dwelling of another person as an invitee | ||||||
22 | with that person's permission, any
pistol, revolver, stun | ||||||
23 | gun or taser or other firearm, except that this
subsection | ||||||
24 | (a) (10) does not apply to or affect transportation of | ||||||
25 | weapons that
meet one of the following conditions:
| ||||||
26 | (i) are broken down in a non-functioning state; or
|
| |||||||
| |||||||
1 | (ii) are not immediately accessible; or
| ||||||
2 | (iii) are unloaded and enclosed in a case, firearm | ||||||
3 | carrying box,
shipping box, or other container by a | ||||||
4 | person who has been issued a currently
valid Firearm | ||||||
5 | Owner's
Identification Card; or
| ||||||
6 | (iv) are carried or possessed in accordance with | ||||||
7 | the Firearm Concealed Carry Act by a person who has | ||||||
8 | been issued a currently valid license under the Firearm | ||||||
9 | Concealed Carry Act. | ||||||
10 | A "stun gun or taser", as used in this paragraph (a) | ||||||
11 | means (i) any device
which is powered by electrical | ||||||
12 | charging units, such as, batteries, and
which fires one or | ||||||
13 | several barbs attached to a length of wire and
which, upon | ||||||
14 | hitting a human, can send out a current capable of | ||||||
15 | disrupting
the person's nervous system in such a manner as | ||||||
16 | to render him incapable of
normal functioning or (ii) any | ||||||
17 | device which is powered by electrical
charging units, such | ||||||
18 | as batteries, and which, upon contact with a human or
| ||||||
19 | clothing worn by a human, can send out current capable of | ||||||
20 | disrupting
the person's nervous system in such a manner as | ||||||
21 | to render him incapable
of normal functioning; or
| ||||||
22 | (11) Sells, manufactures or purchases any explosive | ||||||
23 | bullet. For purposes
of this paragraph (a) "explosive | ||||||
24 | bullet" means the projectile portion of
an ammunition | ||||||
25 | cartridge which contains or carries an explosive charge | ||||||
26 | which
will explode upon contact with the flesh of a human |
| |||||||
| |||||||
1 | or an animal.
"Cartridge" means a tubular metal case having | ||||||
2 | a projectile affixed at the
front thereof and a cap or | ||||||
3 | primer at the rear end thereof, with the
propellant | ||||||
4 | contained in such tube between the projectile and the cap; | ||||||
5 | or
| ||||||
6 | (12) (Blank); or
| ||||||
7 | (13) Carries or possesses on or about his or her person | ||||||
8 | while in a building occupied by a unit of government, a | ||||||
9 | billy club, other weapon of like character, or other | ||||||
10 | instrument of like character intended for use as a weapon. | ||||||
11 | For the purposes of this Section, "billy club" means a | ||||||
12 | short stick or club commonly carried by police officers | ||||||
13 | which is either telescopic or constructed of a solid piece | ||||||
14 | of wood or other man-made material. | ||||||
15 | (b) Sentence. A person convicted of a violation of | ||||||
16 | subsection 24-1(a)(1)
through (5), subsection 24-1(a)(10),
| ||||||
17 | subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a | ||||||
18 | Class A
misdemeanor.
A person convicted of a violation of | ||||||
19 | subsection
24-1(a)(8) or 24-1(a)(9) commits a
Class 4 felony; a | ||||||
20 | person
convicted of a violation of subsection 24-1(a)(6) or | ||||||
21 | 24-1(a)(7)(ii) or (iii)
commits a Class 3 felony. A person | ||||||
22 | convicted of a violation of subsection
24-1(a)(7)(i) commits a | ||||||
23 | Class 2 felony and shall be sentenced to a term of imprisonment | ||||||
24 | of not less than 3 years and not more than 7 years, unless the | ||||||
25 | weapon is possessed in the
passenger compartment of a motor | ||||||
26 | vehicle as defined in Section 1-146 of the
Illinois Vehicle |
| |||||||
| |||||||
1 | Code, or on the person, while the weapon is loaded, in which
| ||||||
2 | case it shall be a Class X felony. A person convicted of a
| ||||||
3 | second or subsequent violation of subsection 24-1(a)(4), | ||||||
4 | 24-1(a)(8),
24-1(a)(9), or
24-1(a)(10) commits a Class 3 | ||||||
5 | felony. The possession of each weapon in violation of this | ||||||
6 | Section constitutes a single and separate violation.
| ||||||
7 | (c) Violations in specific places.
| ||||||
8 | (1) A person who violates subsection 24-1(a)(6) or | ||||||
9 | 24-1(a)(7) in any
school, regardless of the time of day or | ||||||
10 | the time of year, in residential
property owned, operated | ||||||
11 | or managed by a public housing agency or
leased by
a public | ||||||
12 | housing agency as part of a scattered site or mixed-income
| ||||||
13 | development, in a
public park, in a courthouse, on the real | ||||||
14 | property comprising any school,
regardless of the
time of | ||||||
15 | day or the time of year, on residential property owned, | ||||||
16 | operated
or
managed by a public housing agency
or leased by | ||||||
17 | a public housing agency as part of a scattered site or
| ||||||
18 | mixed-income development,
on the real property comprising | ||||||
19 | any
public park, on the real property comprising any | ||||||
20 | courthouse, in any conveyance
owned, leased or contracted | ||||||
21 | by a school to
transport students to or from school or a | ||||||
22 | school related activity, in any conveyance
owned, leased, | ||||||
23 | or contracted by a public transportation agency, or on any
| ||||||
24 | public way within 1,000 feet of the real property | ||||||
25 | comprising any school,
public park, courthouse, public | ||||||
26 | transportation facility, or residential property owned, |
| |||||||
| |||||||
1 | operated, or managed
by a public housing agency
or leased | ||||||
2 | by a public housing agency as part of a scattered site or
| ||||||
3 | mixed-income development
commits a Class 2 felony and shall | ||||||
4 | be sentenced to a term of imprisonment of not less than 3 | ||||||
5 | years and not more than 7 years.
| ||||||
6 | (1.5) A person who violates subsection 24-1(a)(4), | ||||||
7 | 24-1(a)(9), or
24-1(a)(10) in any school, regardless of the | ||||||
8 | time of day or the time of year,
in residential property | ||||||
9 | owned, operated, or managed by a public
housing
agency
or | ||||||
10 | leased by a public housing agency as part of a scattered | ||||||
11 | site or
mixed-income development,
in
a public
park, in a | ||||||
12 | courthouse, on the real property comprising any school, | ||||||
13 | regardless
of the time of day or the time of year, on | ||||||
14 | residential property owned,
operated, or managed by a | ||||||
15 | public housing agency
or leased by a public housing agency | ||||||
16 | as part of a scattered site or
mixed-income development,
on | ||||||
17 | the real property
comprising any public park, on the real | ||||||
18 | property comprising any courthouse, in
any conveyance | ||||||
19 | owned, leased, or contracted by a school to transport | ||||||
20 | students
to or from school or a school related activity, in | ||||||
21 | any conveyance
owned, leased, or contracted by a public | ||||||
22 | transportation agency, or on any public way within
1,000 | ||||||
23 | feet of the real property comprising any school, public | ||||||
24 | park, courthouse,
public transportation facility, or | ||||||
25 | residential property owned, operated, or managed by a | ||||||
26 | public
housing agency
or leased by a public housing agency |
| |||||||
| |||||||
1 | as part of a scattered site or
mixed-income development
| ||||||
2 | commits a Class 3 felony.
| ||||||
3 | (2) A person who violates subsection 24-1(a)(1), | ||||||
4 | 24-1(a)(2), or
24-1(a)(3)
in any school, regardless of the | ||||||
5 | time of day or the time of year, in
residential property | ||||||
6 | owned, operated or managed by a public housing
agency
or | ||||||
7 | leased by a public housing agency as part of a scattered | ||||||
8 | site or
mixed-income development,
in
a public park, in a | ||||||
9 | courthouse, on the real property comprising any school,
| ||||||
10 | regardless of the time of day or the time of year, on | ||||||
11 | residential property
owned, operated or managed by a public | ||||||
12 | housing agency
or leased by a public housing agency as part | ||||||
13 | of a scattered site or
mixed-income development,
on the | ||||||
14 | real property
comprising any public park, on the real | ||||||
15 | property comprising any courthouse, in
any conveyance | ||||||
16 | owned, leased or contracted by a school to transport | ||||||
17 | students
to or from school or a school related activity, in | ||||||
18 | any conveyance
owned, leased, or contracted by a public | ||||||
19 | transportation agency, or on any public way within
1,000 | ||||||
20 | feet of the real property comprising any school, public | ||||||
21 | park, courthouse,
public transportation facility, or | ||||||
22 | residential property owned, operated, or managed by a | ||||||
23 | public
housing agency or leased by a public housing agency | ||||||
24 | as part of a scattered
site or mixed-income development | ||||||
25 | commits a Class 4 felony. "Courthouse"
means any building | ||||||
26 | that is used by the Circuit, Appellate, or Supreme Court of
|
| |||||||
| |||||||
1 | this State for the conduct of official business.
| ||||||
2 | (3) Paragraphs (1), (1.5), and (2) of this subsection | ||||||
3 | (c) shall not
apply to law
enforcement officers or security | ||||||
4 | officers of such school, college, or
university or to | ||||||
5 | students carrying or possessing firearms for use in | ||||||
6 | training
courses, parades, hunting, target shooting on | ||||||
7 | school ranges, or otherwise with
the consent of school | ||||||
8 | authorities and which firearms are transported unloaded
| ||||||
9 | enclosed in a suitable case, box, or transportation | ||||||
10 | package.
| ||||||
11 | (4) For the purposes of this subsection (c), "school" | ||||||
12 | means any public or
private elementary or secondary school, | ||||||
13 | community college, college, or
university.
| ||||||
14 | (5) For the purposes of this subsection (c), "public | ||||||
15 | transportation agency" means a public or private agency | ||||||
16 | that provides for the transportation or conveyance of
| ||||||
17 | persons by means available to the general public, except | ||||||
18 | for transportation
by automobiles not used for conveyance | ||||||
19 | of the general public as passengers; and "public | ||||||
20 | transportation facility" means a terminal or other place
| ||||||
21 | where one may obtain public transportation.
| ||||||
22 | (d) The presence in an automobile other than a public | ||||||
23 | omnibus of any
weapon, instrument or substance referred to in | ||||||
24 | subsection (a)(7) is
prima facie evidence that it is in the | ||||||
25 | possession of, and is being
carried by, all persons occupying | ||||||
26 | such automobile at the time such
weapon, instrument or |
| |||||||
| |||||||
1 | substance is found, except under the following
circumstances: | ||||||
2 | (i) if such weapon, instrument or instrumentality is
found upon | ||||||
3 | the person of one of the occupants therein; or (ii) if such
| ||||||
4 | weapon, instrument or substance is found in an automobile | ||||||
5 | operated for
hire by a duly licensed driver in the due, lawful | ||||||
6 | and proper pursuit of
his trade, then such presumption shall | ||||||
7 | not apply to the driver.
| ||||||
8 | (e) Exemptions. Crossbows, Common or Compound bows and | ||||||
9 | Underwater
Spearguns are exempted from the definition of | ||||||
10 | ballistic knife as defined in
paragraph (1) of subsection (a) | ||||||
11 | of this Section.
| ||||||
12 | (Source: P.A. 99-29, eff. 7-10-15.)
| ||||||
13 | (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
| ||||||
14 | Sec. 24-3. Unlawful sale or delivery of firearms.
| ||||||
15 | (A) A person commits the offense of unlawful sale or | ||||||
16 | delivery of firearms when he
or she knowingly does any of the | ||||||
17 | following:
| ||||||
18 | (a) Sells or gives any firearm of a size which may be | ||||||
19 | concealed upon the
person to any person under 18 years of | ||||||
20 | age.
| ||||||
21 | (b) Sells or gives any firearm to a person under 21 | ||||||
22 | years of age who has
been convicted of a misdemeanor other | ||||||
23 | than a traffic offense or adjudged
delinquent.
| ||||||
24 | (c) Sells or gives any firearm to any narcotic addict.
| ||||||
25 | (d) Sells or gives any firearm to any person who has |
| |||||||
| |||||||
1 | been convicted of a
felony under the laws of this or any | ||||||
2 | other jurisdiction.
| ||||||
3 | (e) Sells or gives any firearm to any person who has | ||||||
4 | been a patient in a
mental institution within the past 5 | ||||||
5 | years. In this subsection (e): | ||||||
6 | "Mental institution" means any hospital, | ||||||
7 | institution, clinic, evaluation facility, mental | ||||||
8 | health center, or part thereof, which is used primarily | ||||||
9 | for the care or treatment of persons with mental | ||||||
10 | illness. | ||||||
11 | "Patient in a mental institution" means the person | ||||||
12 | was admitted, either voluntarily or involuntarily, to | ||||||
13 | a mental institution for mental health treatment, | ||||||
14 | unless the treatment was voluntary and solely for an | ||||||
15 | alcohol abuse disorder and no other secondary | ||||||
16 | substance abuse disorder or mental illness.
| ||||||
17 | (f) Sells or gives any firearms to any person who is a | ||||||
18 | person with an intellectual disability.
| ||||||
19 | (g) Delivers any firearm of a size which may be | ||||||
20 | concealed upon the
person, incidental to a sale, without | ||||||
21 | withholding delivery of such firearm
for at least 72 hours | ||||||
22 | after application for its purchase has been made, or
| ||||||
23 | delivers any rifle, shotgun or other long gun, or a stun | ||||||
24 | gun or taser, incidental to a sale,
without withholding | ||||||
25 | delivery of such rifle, shotgun or other long gun, or a | ||||||
26 | stun gun or taser for
at least 24 hours after application |
| |||||||
| |||||||
1 | for its purchase has been made.
However,
this paragraph (g) | ||||||
2 | does not apply to: (1) the sale of a firearm
to a law | ||||||
3 | enforcement officer if the seller of the firearm knows that | ||||||
4 | the person to whom he or she is selling the firearm is a | ||||||
5 | law enforcement officer or the sale of a firearm to a | ||||||
6 | person who desires to purchase a firearm for
use in | ||||||
7 | promoting the public interest incident to his or her | ||||||
8 | employment as a
bank guard, armed truck guard, or other | ||||||
9 | similar employment; (2) a mail
order sale of a firearm from | ||||||
10 | a federally licensed firearms dealer to a nonresident of | ||||||
11 | Illinois under which the firearm
is mailed to a federally | ||||||
12 | licensed firearms dealer outside the boundaries of | ||||||
13 | Illinois; (3) the sale
of a firearm to a nonresident of | ||||||
14 | Illinois while at a firearm showing or display
recognized | ||||||
15 | by the Illinois Department of State Police; (4) the sale of | ||||||
16 | a
firearm to a dealer licensed as a federal firearms dealer | ||||||
17 | under Section 923
of the federal Gun Control Act of 1968 | ||||||
18 | (18 U.S.C. 923); or (5) the transfer or sale of any rifle, | ||||||
19 | shotgun, or other long gun to a resident registered | ||||||
20 | competitor or attendee or non-resident registered | ||||||
21 | competitor or attendee by any dealer licensed as a federal | ||||||
22 | firearms dealer under Section 923 of the federal Gun | ||||||
23 | Control Act of 1968 at competitive shooting events held at | ||||||
24 | the World Shooting Complex sanctioned by a national | ||||||
25 | governing body. For purposes of transfers or sales under | ||||||
26 | subparagraph (5) of this paragraph (g), the Department of |
| |||||||
| |||||||
1 | Natural Resources shall give notice to the Department of | ||||||
2 | State Police at least 30 calendar days prior to any | ||||||
3 | competitive shooting events at the World Shooting Complex | ||||||
4 | sanctioned by a national governing body. The notification | ||||||
5 | shall be made on a form prescribed by the Department of | ||||||
6 | State Police. The sanctioning body shall provide a list of | ||||||
7 | all registered competitors and attendees at least 24 hours | ||||||
8 | before the events to the Department of State Police. Any | ||||||
9 | changes to the list of registered competitors and attendees | ||||||
10 | shall be forwarded to the Department of State Police as | ||||||
11 | soon as practicable. The Department of State Police must | ||||||
12 | destroy the list of registered competitors and attendees no | ||||||
13 | later than 30 days after the date of the event. Nothing in | ||||||
14 | this paragraph (g) relieves a federally licensed firearm | ||||||
15 | dealer from the requirements of conducting a NICS | ||||||
16 | background check through the Illinois Point of Contact | ||||||
17 | under 18 U.S.C. 922(t). For purposes of this paragraph (g), | ||||||
18 | "application" means when the buyer and seller reach an | ||||||
19 | agreement to purchase a firearm.
For purposes of this | ||||||
20 | paragraph (g), "national governing body" means a group of | ||||||
21 | persons who adopt rules and formulate policy on behalf of a | ||||||
22 | national firearm sporting organization.
| ||||||
23 | (h) While holding any license
as a dealer,
importer, | ||||||
24 | manufacturer or pawnbroker
under the federal Gun Control | ||||||
25 | Act of 1968,
manufactures, sells or delivers to any | ||||||
26 | unlicensed person a handgun having
a barrel, slide, frame |
| |||||||
| |||||||
1 | or receiver which is a die casting of zinc alloy or
any | ||||||
2 | other nonhomogeneous metal which will melt or deform at a | ||||||
3 | temperature
of less than 800 degrees Fahrenheit. For | ||||||
4 | purposes of this paragraph, (1)
"firearm" is defined as in | ||||||
5 | the Firearm Owners Identification Card Act; and (2)
| ||||||
6 | "handgun" is defined as a firearm designed to be held
and | ||||||
7 | fired by the use of a single hand, and includes a | ||||||
8 | combination of parts from
which such a firearm can be | ||||||
9 | assembled.
| ||||||
10 | (i) Sells or gives a firearm of any size to any person | ||||||
11 | under 18 years of
age who does not possess a valid Firearm | ||||||
12 | Owner's Identification Card.
| ||||||
13 | (j) Sells or gives a firearm while engaged in the | ||||||
14 | business of selling
firearms at wholesale or retail without | ||||||
15 | being licensed as a federal firearms
dealer under Section | ||||||
16 | 923 of the federal Gun Control Act of 1968 (18 U.S.C.
923). | ||||||
17 | In this paragraph (j):
| ||||||
18 | A person "engaged in the business" means a person who | ||||||
19 | devotes time,
attention, and
labor to
engaging in the | ||||||
20 | activity as a regular course of trade or business with the
| ||||||
21 | principal objective of livelihood and profit, but does not | ||||||
22 | include a person who
makes occasional repairs of firearms | ||||||
23 | or who occasionally fits special barrels,
stocks, or | ||||||
24 | trigger mechanisms to firearms.
| ||||||
25 | "With the principal objective of livelihood and | ||||||
26 | profit" means that the
intent
underlying the sale or |
| |||||||
| |||||||
1 | disposition of firearms is predominantly one of
obtaining | ||||||
2 | livelihood and pecuniary gain, as opposed to other intents, | ||||||
3 | such as
improving or liquidating a personal firearms | ||||||
4 | collection; however, proof of
profit shall not be required | ||||||
5 | as to a person who engages in the regular and
repetitive | ||||||
6 | purchase and disposition of firearms for criminal purposes | ||||||
7 | or
terrorism.
| ||||||
8 | (k) Sells or transfers ownership of a firearm to a | ||||||
9 | person who does not display to the seller or transferor of | ||||||
10 | the firearm either: (1) a currently valid Firearm Owner's | ||||||
11 | Identification Card that has previously been issued in the | ||||||
12 | transferee's name by the Department of State Police under | ||||||
13 | the provisions of the Firearm Owners Identification Card | ||||||
14 | Act; or (2) a currently valid license to carry a concealed | ||||||
15 | firearm that has previously been issued in the transferee's | ||||||
16 | name by the
Department of State Police under the Firearm | ||||||
17 | Concealed Carry Act. This paragraph (k) does not apply to | ||||||
18 | the transfer of a firearm to a person who is exempt from | ||||||
19 | the requirement of possessing a Firearm Owner's | ||||||
20 | Identification Card under Section 2 of the Firearm Owners | ||||||
21 | Identification Card Act. For the purposes of this Section, | ||||||
22 | a currently valid Firearm Owner's Identification Card | ||||||
23 | means (i) a Firearm Owner's Identification Card that has | ||||||
24 | not expired or (ii) an approval number issued in accordance | ||||||
25 | with subsection (a-10) of subsection 3 or Section 3.1 of | ||||||
26 | the Firearm Owners Identification Card Act shall be proof |
| |||||||
| |||||||
1 | that the Firearm Owner's Identification Card was valid. | ||||||
2 | (1) In addition to the other requirements of this | ||||||
3 | paragraph (k), all persons who are not federally | ||||||
4 | licensed firearms dealers must also have complied with | ||||||
5 | subsection (a-10) of Section 3 of the Firearm Owners | ||||||
6 | Identification Card Act by determining the validity of | ||||||
7 | a purchaser's Firearm Owner's Identification Card. | ||||||
8 | (2) All sellers or transferors who have complied | ||||||
9 | with the requirements of subparagraph (1) of this | ||||||
10 | paragraph (k) shall not be liable for damages in any | ||||||
11 | civil action arising from the use or misuse by the | ||||||
12 | transferee of the firearm transferred, except for | ||||||
13 | willful or wanton misconduct on the part of the seller | ||||||
14 | or transferor. | ||||||
15 | (l) Not
being entitled to the possession of a firearm, | ||||||
16 | delivers the
firearm, knowing it to have been stolen or | ||||||
17 | converted. It may be inferred that
a person who possesses a | ||||||
18 | firearm with knowledge that its serial number has
been | ||||||
19 | removed or altered has knowledge that the firearm is stolen | ||||||
20 | or converted. | ||||||
21 | (m) Transfers or gives a suppressor or silencer to a | ||||||
22 | person not authorized to possess the suppressor or silencer | ||||||
23 | under federal law. | ||||||
24 | (B) Paragraph (h) of subsection (A) does not include | ||||||
25 | firearms sold within 6
months after enactment of Public
Act | ||||||
26 | 78-355 (approved August 21, 1973, effective October 1, 1973), |
| |||||||
| |||||||
1 | nor is any
firearm legally owned or
possessed by any citizen or | ||||||
2 | purchased by any citizen within 6 months after the
enactment of | ||||||
3 | Public Act 78-355 subject
to confiscation or seizure under the | ||||||
4 | provisions of that Public Act. Nothing in
Public Act 78-355 | ||||||
5 | shall be construed to prohibit the gift or trade of
any firearm | ||||||
6 | if that firearm was legally held or acquired within 6 months | ||||||
7 | after
the enactment of that Public Act.
| ||||||
8 | (C) Sentence.
| ||||||
9 | (1) Any person convicted of unlawful sale or delivery | ||||||
10 | of firearms in violation of
paragraph (c), (e), (f), (g), | ||||||
11 | or (h) of subsection (A) commits a Class
4
felony.
| ||||||
12 | (2) Any person convicted of unlawful sale or delivery | ||||||
13 | of firearms in violation of
paragraph (b) or (i) , or (m) of | ||||||
14 | subsection (A) commits a Class 3 felony.
| ||||||
15 | (3) Any person convicted of unlawful sale or delivery | ||||||
16 | of firearms in violation of
paragraph (a) of subsection (A) | ||||||
17 | commits a Class 2 felony.
| ||||||
18 | (4) Any person convicted of unlawful sale or delivery | ||||||
19 | of firearms in violation of
paragraph (a), (b), or (i) of | ||||||
20 | subsection (A) in any school, on the real
property | ||||||
21 | comprising a school, within 1,000 feet of the real property | ||||||
22 | comprising
a school, at a school related activity, or on or | ||||||
23 | within 1,000 feet of any
conveyance owned, leased, or | ||||||
24 | contracted by a school or school district to
transport | ||||||
25 | students to or from school or a school related activity,
| ||||||
26 | regardless of the time of day or time of year at which the |
| |||||||
| |||||||
1 | offense
was committed, commits a Class 1 felony. Any person | ||||||
2 | convicted of a second
or subsequent violation of unlawful | ||||||
3 | sale or delivery of firearms in violation of paragraph
(a), | ||||||
4 | (b), or (i) of subsection (A) in any school, on the real | ||||||
5 | property
comprising a school, within 1,000 feet of the real | ||||||
6 | property comprising a
school, at a school related activity, | ||||||
7 | or on or within 1,000 feet of any
conveyance owned, leased, | ||||||
8 | or contracted by a school or school district to
transport | ||||||
9 | students to or from school or a school related activity,
| ||||||
10 | regardless of the time of day or time of year at which the | ||||||
11 | offense
was committed, commits a Class 1 felony for which | ||||||
12 | the sentence shall be a
term of imprisonment of no less | ||||||
13 | than 5 years and no more than 15 years.
| ||||||
14 | (5) Any person convicted of unlawful sale or delivery | ||||||
15 | of firearms in violation of
paragraph (a) or (i) of | ||||||
16 | subsection (A) in residential property owned,
operated, or | ||||||
17 | managed by a public housing agency or leased by a public | ||||||
18 | housing
agency as part of a scattered site or mixed-income | ||||||
19 | development, in a public
park, in a
courthouse, on | ||||||
20 | residential property owned, operated, or managed by a | ||||||
21 | public
housing agency or leased by a public housing agency | ||||||
22 | as part of a scattered site
or mixed-income development, on | ||||||
23 | the real property comprising any public park,
on the real
| ||||||
24 | property comprising any courthouse, or on any public way | ||||||
25 | within 1,000 feet
of the real property comprising any | ||||||
26 | public park, courthouse, or residential
property owned, |
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| |||||||
1 | operated, or managed by a public housing agency or leased | ||||||
2 | by a
public housing agency as part of a scattered site or | ||||||
3 | mixed-income development
commits a
Class 2 felony.
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4 | (6) Any person convicted of unlawful sale or delivery | ||||||
5 | of firearms in violation of
paragraph (j) of subsection (A) | ||||||
6 | commits a Class A misdemeanor. A second or
subsequent | ||||||
7 | violation is a Class 4 felony. | ||||||
8 | (7) Any person convicted of unlawful sale or delivery | ||||||
9 | of firearms in violation of paragraph (k) of subsection (A) | ||||||
10 | commits a Class 4 felony, except that a violation of | ||||||
11 | subparagraph (1) of paragraph (k) of subsection (A) shall | ||||||
12 | not be punishable as a crime or petty offense. A third or | ||||||
13 | subsequent conviction for a violation of paragraph (k) of | ||||||
14 | subsection (A) is a Class 1 felony.
| ||||||
15 | (8) A person 18 years of age or older convicted of | ||||||
16 | unlawful sale or delivery of firearms in violation of | ||||||
17 | paragraph (a) or (i) of subsection (A), when the firearm | ||||||
18 | that was sold or given to another person under 18 years of | ||||||
19 | age was used in the commission of or attempt to commit a | ||||||
20 | forcible felony, shall be fined or imprisoned, or both, not | ||||||
21 | to exceed the maximum provided for the most serious | ||||||
22 | forcible felony so committed or attempted by the person | ||||||
23 | under 18 years of age who was sold or given the firearm. | ||||||
24 | (9) Any person convicted of unlawful sale or delivery | ||||||
25 | of firearms in violation of
paragraph (d) of subsection (A) | ||||||
26 | commits a Class 3 felony. |
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| |||||||
1 | (10) Any person convicted of unlawful sale or delivery | ||||||
2 | of firearms in violation of paragraph (l) of subsection (A) | ||||||
3 | commits a Class 2 felony if the delivery is of one firearm. | ||||||
4 | Any person convicted of unlawful sale or delivery of | ||||||
5 | firearms in violation of paragraph (l) of subsection (A) | ||||||
6 | commits a Class 1 felony if the delivery is of not less | ||||||
7 | than 2 and not more than 5 firearms at the
same time or | ||||||
8 | within a one year period. Any person convicted of unlawful | ||||||
9 | sale or delivery of firearms in violation of paragraph (l) | ||||||
10 | of subsection (A) commits a Class X felony for which he or | ||||||
11 | she shall be sentenced
to a term of imprisonment of not | ||||||
12 | less than 6 years and not more than 30
years if the | ||||||
13 | delivery is of not less than 6 and not more than 10 | ||||||
14 | firearms at the
same time or within a 2 year period. Any | ||||||
15 | person convicted of unlawful sale or delivery of firearms | ||||||
16 | in violation of paragraph (l) of subsection (A) commits a | ||||||
17 | Class X felony for which he or she shall be sentenced
to a | ||||||
18 | term of imprisonment of not less than 6 years and not more | ||||||
19 | than 40
years if the delivery is of not less than 11 and | ||||||
20 | not more than 20 firearms at the
same time or within a 3 | ||||||
21 | year period. Any person convicted of unlawful sale or | ||||||
22 | delivery of firearms in violation of paragraph (l) of | ||||||
23 | subsection (A) commits a Class X felony for which he or she | ||||||
24 | shall be sentenced
to a term of imprisonment of not less | ||||||
25 | than 6 years and not more than 50
years if the delivery is | ||||||
26 | of not less than 21 and not more than 30 firearms at the
|
| |||||||
| |||||||
1 | same time or within a 4 year period. Any person convicted | ||||||
2 | of unlawful sale or delivery of firearms in violation of | ||||||
3 | paragraph (l) of subsection (A) commits a Class X felony | ||||||
4 | for which he or she shall be sentenced
to a term of | ||||||
5 | imprisonment of not less than 6 years and not more than 60
| ||||||
6 | years if the delivery is of 31 or more firearms at the
same | ||||||
7 | time or within a 5 year period. | ||||||
8 | (D) For purposes of this Section:
| ||||||
9 | "School" means a public or private elementary or secondary | ||||||
10 | school,
community college, college, or university.
| ||||||
11 | "School related activity" means any sporting, social, | ||||||
12 | academic, or
other activity for which students' attendance or | ||||||
13 | participation is sponsored,
organized, or funded in whole or in | ||||||
14 | part by a school or school district.
| ||||||
15 | (E) A prosecution for a violation of paragraph (k) of | ||||||
16 | subsection (A) of this Section may be commenced within 6 years | ||||||
17 | after the commission of the offense. A prosecution for a | ||||||
18 | violation of this Section other than paragraph (g) of | ||||||
19 | subsection (A) of this Section may be commenced within 5 years | ||||||
20 | after the commission of the offense defined in the particular | ||||||
21 | paragraph.
| ||||||
22 | (Source: P.A. 98-508, eff. 8-19-13; 99-29, eff. 7-10-15; | ||||||
23 | 99-143, eff. 7-27-15; 99-642, eff. 7-28-16.)
| ||||||
24 | Section 99. Effective date. This Act takes effect upon | ||||||
25 | becoming law.
|