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1 | AN ACT concerning safety.
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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 Illinois Police Training Act is amended by | ||||||||||||||||||||||||
5 | changing Section 10.7 as follows: | ||||||||||||||||||||||||
6 | (50 ILCS 705/10.7) | ||||||||||||||||||||||||
7 | Sec. 10.7. Mandatory training; police chief and deputy | ||||||||||||||||||||||||
8 | police chief. Each police chief and deputy police chief shall | ||||||||||||||||||||||||
9 | obtain at least 20 hours of training each year. The training | ||||||||||||||||||||||||
10 | must be approved by the Illinois Law Enforcement Training and | ||||||||||||||||||||||||
11 | Standards Board and must be related to law enforcement, | ||||||||||||||||||||||||
12 | management or executive development, or ethics , and must | ||||||||||||||||||||||||
13 | include
at least one course on the Firearm Owners | ||||||||||||||||||||||||
14 | Identification Card
Act, the Firearm Concealed Carry Act, and | ||||||||||||||||||||||||
15 | firearms investigations . This requirement may be satisfied by | ||||||||||||||||||||||||
16 | attending any training portion of a conference held by an | ||||||||||||||||||||||||
17 | association that represents chiefs of police that has been | ||||||||||||||||||||||||
18 | approved by the Illinois Law Enforcement Training and Standards | ||||||||||||||||||||||||
19 | Board. Any police chief and any deputy police chief, upon | ||||||||||||||||||||||||
20 | presentation of a certificate of completion from the person or | ||||||||||||||||||||||||
21 | entity conducting the training, shall be reimbursed by the | ||||||||||||||||||||||||
22 | municipality in accordance with the municipal policy | ||||||||||||||||||||||||
23 | regulating the terms of reimbursement, for his or her |
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| |||||||
1 | reasonable expenses in obtaining the training required under | ||||||
2 | this Section. No police chief or deputy police chief may attend | ||||||
3 | any recognized training offering without the prior approval of | ||||||
4 | his or her municipal mayor, manager, or immediate supervisor. | ||||||
5 | This Section does not apply to the City of Chicago or the | ||||||
6 | Sheriff's Police Department in Cook County.
| ||||||
7 | (Source: P.A. 94-354, eff. 1-1-06.) | ||||||
8 | Section 10. The Firearm Owners Identification Card Act is | ||||||
9 | amended by changing Sections 1.1, 3.1, 3.3, 8, and 9.5 as | ||||||
10 | follows:
| ||||||
11 | (430 ILCS 65/1.1) (from Ch. 38, par. 83-1.1)
| ||||||
12 | Sec. 1.1. For purposes of this Act:
| ||||||
13 | "Addicted to narcotics" means a person who has been: | ||||||
14 | (1) convicted of an offense involving the use or | ||||||
15 | possession of cannabis, a controlled substance, or | ||||||
16 | methamphetamine within the past year; or | ||||||
17 | (2) determined by the Department of State Police to be | ||||||
18 | addicted to narcotics based upon federal law or federal | ||||||
19 | guidelines. | ||||||
20 | "Addicted to narcotics" does not include possession or use | ||||||
21 | of a prescribed controlled substance under the direction and | ||||||
22 | authority of a physician or other person authorized to | ||||||
23 | prescribe the controlled substance when the controlled | ||||||
24 | substance is used in the prescribed manner. |
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| |||||||
1 | "Adjudicated as a person with a mental disability" means | ||||||
2 | the person is the subject of a determination by a court, board, | ||||||
3 | commission or other lawful authority that the person, as a | ||||||
4 | result of marked subnormal intelligence, or mental illness, | ||||||
5 | mental impairment, incompetency, condition, or disease: | ||||||
6 | (1) presents a clear and present danger to himself, | ||||||
7 | herself, or to others; | ||||||
8 | (2) lacks the mental capacity to manage his or her own | ||||||
9 | affairs or is adjudicated a person with a disability as | ||||||
10 | defined in Section 11a-2 of the Probate Act of 1975; | ||||||
11 | (3) is not guilty in a criminal case by reason of | ||||||
12 | insanity, mental disease or defect; | ||||||
13 | (3.5) is guilty but mentally ill, as provided in | ||||||
14 | Section 5-2-6 of the Unified Code of Corrections; | ||||||
15 | (4) is incompetent to stand trial in a criminal case; | ||||||
16 | (5) is not guilty by reason of lack of mental | ||||||
17 | responsibility under Articles 50a and 72b of the Uniform | ||||||
18 | Code of Military Justice, 10 U.S.C. 850a, 876b;
| ||||||
19 | (6) is a sexually violent person under subsection (f) | ||||||
20 | of Section 5 of the Sexually Violent Persons Commitment | ||||||
21 | Act; | ||||||
22 | (7) is a sexually dangerous person under the Sexually | ||||||
23 | Dangerous Persons Act; | ||||||
24 | (8) is unfit to stand trial under the Juvenile Court | ||||||
25 | Act of 1987; | ||||||
26 | (9) is not guilty by reason of insanity under the |
| |||||||
| |||||||
1 | Juvenile Court Act of 1987; | ||||||
2 | (10) is subject to involuntary admission as an | ||||||
3 | inpatient as defined in Section 1-119 of the Mental Health | ||||||
4 | and Developmental Disabilities Code; | ||||||
5 | (11) is subject to involuntary admission as an | ||||||
6 | outpatient as defined in Section 1-119.1 of the Mental | ||||||
7 | Health and Developmental Disabilities Code; | ||||||
8 | (12) is subject to judicial admission as set forth in | ||||||
9 | Section 4-500 of the Mental Health and Developmental | ||||||
10 | Disabilities Code; or | ||||||
11 | (13) is subject to the provisions of the Interstate | ||||||
12 | Agreements on Sexually Dangerous Persons Act. | ||||||
13 | "Clear and present danger" means a person who: | ||||||
14 | (1) communicates a serious threat of physical violence | ||||||
15 | against a reasonably identifiable victim or poses a clear | ||||||
16 | and imminent risk of serious physical injury to himself, | ||||||
17 | herself, or another person as determined by a physician, | ||||||
18 | clinical psychologist, or qualified examiner; or | ||||||
19 | (2) demonstrates threatening physical or verbal | ||||||
20 | behavior, such as violent, suicidal, or assaultive | ||||||
21 | threats, actions, or other behavior, as determined by a | ||||||
22 | physician, clinical psychologist, qualified examiner, | ||||||
23 | school administrator, or law enforcement official , | ||||||
24 | including any act that
is intended to cause or create a | ||||||
25 | risk and does cause or create a risk of death
or great | ||||||
26 | bodily harm to one or more persons . |
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| |||||||
1 | "Clinical psychologist" has the meaning provided in | ||||||
2 | Section 1-103 of the Mental Health and Developmental | ||||||
3 | Disabilities Code. | ||||||
4 | "Controlled substance" means a controlled substance or | ||||||
5 | controlled substance analog as defined in the Illinois | ||||||
6 | Controlled Substances Act. | ||||||
7 | "Counterfeit" means to copy or imitate, without legal | ||||||
8 | authority, with
intent
to deceive. | ||||||
9 | "Federally licensed firearm dealer" means a person who is | ||||||
10 | licensed as a federal firearms dealer under Section 923 of the | ||||||
11 | federal Gun Control Act of 1968 (18 U.S.C. 923).
| ||||||
12 | "Firearm" means any device, by
whatever name known, which | ||||||
13 | is designed to expel a projectile or projectiles
by the action | ||||||
14 | of an explosion, expansion of gas or escape of gas; excluding,
| ||||||
15 | however:
| ||||||
16 | (1) any pneumatic gun, spring gun, paint ball gun, or | ||||||
17 | B-B gun which
expels a single globular projectile not | ||||||
18 | exceeding .18 inch in
diameter or which has a maximum | ||||||
19 | muzzle velocity of less than 700 feet
per second;
| ||||||
20 | (1.1) any pneumatic gun, spring gun, paint ball gun, or | ||||||
21 | B-B gun which expels breakable paint balls containing | ||||||
22 | washable marking colors; | ||||||
23 | (2) any device used exclusively for signalling or | ||||||
24 | safety and required or
recommended by the United States | ||||||
25 | Coast Guard or the Interstate Commerce
Commission;
| ||||||
26 | (3) any device used exclusively for the firing of stud |
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| |||||||
1 | cartridges,
explosive rivets or similar industrial | ||||||
2 | ammunition; and
| ||||||
3 | (4) an antique firearm (other than a machine-gun) | ||||||
4 | which, although
designed as a weapon, the Department of | ||||||
5 | State Police finds by reason of
the date of its | ||||||
6 | manufacture, value, design, and other characteristics is
| ||||||
7 | primarily a collector's item and is not likely to be used | ||||||
8 | as a weapon.
| ||||||
9 | "Firearm ammunition" means any self-contained cartridge or | ||||||
10 | shotgun
shell, by whatever name known, which is designed to be | ||||||
11 | used or adaptable to
use in a firearm; excluding, however:
| ||||||
12 | (1) any ammunition exclusively designed for use with a | ||||||
13 | device used
exclusively for signalling or safety and | ||||||
14 | required or recommended by the
United States Coast Guard or | ||||||
15 | the Interstate Commerce Commission; and
| ||||||
16 | (2) any ammunition designed exclusively for use with a | ||||||
17 | stud or rivet
driver or other similar industrial | ||||||
18 | ammunition. | ||||||
19 | "Gun show" means an event or function: | ||||||
20 | (1) at which the sale and transfer of firearms is the | ||||||
21 | regular and normal course of business and where 50 or more | ||||||
22 | firearms are displayed, offered, or exhibited for sale, | ||||||
23 | transfer, or exchange; or | ||||||
24 | (2) at which not less than 10 gun show vendors display, | ||||||
25 | offer, or exhibit for sale, sell, transfer, or exchange | ||||||
26 | firearms.
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| |||||||
1 | "Gun show" includes the entire premises provided for an | ||||||
2 | event or function, including parking areas for the event or | ||||||
3 | function, that is sponsored to facilitate the purchase, sale, | ||||||
4 | transfer, or exchange of firearms as described in this Section.
| ||||||
5 | Nothing in this definition shall be construed to exclude a gun | ||||||
6 | show held in conjunction with competitive shooting events at | ||||||
7 | the World Shooting Complex sanctioned by a national governing | ||||||
8 | body in which the sale or transfer of firearms is authorized | ||||||
9 | under subparagraph (5) of paragraph (g) of subsection (A) of | ||||||
10 | Section 24-3 of the Criminal Code of 2012. | ||||||
11 | Unless otherwise expressly stated, "gun show" does not | ||||||
12 | include training or safety classes, competitive shooting | ||||||
13 | events, such as rifle, shotgun, or handgun matches, trap, | ||||||
14 | skeet, or sporting clays shoots, dinners, banquets, raffles, or
| ||||||
15 | any other event where the sale or transfer of firearms is not | ||||||
16 | the primary course of business. | ||||||
17 | "Gun show promoter" means a person who organizes or | ||||||
18 | operates a gun show. | ||||||
19 | "Gun show vendor" means a person who exhibits, sells, | ||||||
20 | offers for sale, transfers, or exchanges any firearms at a gun | ||||||
21 | show, regardless of whether the person arranges with a gun show | ||||||
22 | promoter for a fixed location from which to exhibit, sell, | ||||||
23 | offer for sale, transfer, or exchange any firearm. | ||||||
24 | "Involuntarily admitted" has the meaning as prescribed in | ||||||
25 | Sections 1-119 and 1-119.1 of the Mental Health and | ||||||
26 | Developmental Disabilities Code. |
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| |||||||
1 | "Mental health facility" means any licensed private | ||||||
2 | hospital or hospital affiliate, institution, or facility, or | ||||||
3 | part thereof, and any facility, or part thereof, operated by | ||||||
4 | the State or a political subdivision thereof which provide | ||||||
5 | treatment of persons with mental illness and includes all | ||||||
6 | hospitals, institutions, clinics, evaluation facilities, | ||||||
7 | mental health centers, colleges, universities, long-term care | ||||||
8 | facilities, and nursing homes, or parts thereof, which provide | ||||||
9 | treatment of persons with mental illness whether or not the | ||||||
10 | primary purpose is to provide treatment of persons with mental | ||||||
11 | illness. | ||||||
12 | "National governing body" means a group of persons who | ||||||
13 | adopt rules and formulate policy on behalf of a national | ||||||
14 | firearm sporting organization. | ||||||
15 | "Patient" means: | ||||||
16 | (1) a person who voluntarily receives mental health | ||||||
17 | treatment as an in-patient or resident of any public or | ||||||
18 | private mental health facility, unless the treatment was | ||||||
19 | solely for an alcohol abuse disorder and no other secondary | ||||||
20 | substance abuse disorder or mental illness; or | ||||||
21 | (2) a person who voluntarily receives mental health | ||||||
22 | treatment as an out-patient or is provided services by a | ||||||
23 | public or private mental health facility, and who poses a | ||||||
24 | clear and present danger to himself, herself, or to others. | ||||||
25 | "Person with a developmental disability" means a person | ||||||
26 | with a disability which is attributable to any other condition |
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| |||||||
1 | which results in impairment similar to that caused by an | ||||||
2 | intellectual disability and which requires services similar to | ||||||
3 | those required by persons with intellectual disabilities. The | ||||||
4 | disability must originate before the age of 18
years, be | ||||||
5 | expected to continue indefinitely, and constitute a | ||||||
6 | substantial disability. This disability results, in the | ||||||
7 | professional opinion of a physician, clinical psychologist, or | ||||||
8 | qualified examiner, in significant functional limitations in 3 | ||||||
9 | or more of the following areas of major life activity: | ||||||
10 | (i) self-care; | ||||||
11 | (ii) receptive and expressive language; | ||||||
12 | (iii) learning; | ||||||
13 | (iv) mobility; or | ||||||
14 | (v) self-direction. | ||||||
15 | "Person with an intellectual disability" means a person | ||||||
16 | with a significantly subaverage general intellectual | ||||||
17 | functioning which exists concurrently with impairment in | ||||||
18 | adaptive behavior and which originates before the age of 18 | ||||||
19 | years. | ||||||
20 | "Physician" has the meaning as defined in Section 1-120 of | ||||||
21 | the Mental Health and Developmental Disabilities Code. | ||||||
22 | "Qualified examiner" has the meaning provided in Section | ||||||
23 | 1-122 of the Mental Health and Developmental Disabilities Code. | ||||||
24 | "Sanctioned competitive shooting event" means a shooting | ||||||
25 | contest officially recognized by a national or state shooting | ||||||
26 | sport association, and includes any sight-in or practice |
| |||||||
| |||||||
1 | conducted in conjunction with the event.
| ||||||
2 | "School administrator" means the person required to report | ||||||
3 | under the School Administrator Reporting of Mental Health Clear | ||||||
4 | and Present Danger Determinations Law. | ||||||
5 | "Stun gun or taser" has the meaning ascribed to it in | ||||||
6 | Section 24-1 of the Criminal Code of 2012. | ||||||
7 | (Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15; 99-143, | ||||||
8 | eff. 7-27-15; 99-642, eff. 7-28-16.)
| ||||||
9 | (430 ILCS 65/3.1) (from Ch. 38, par. 83-3.1)
| ||||||
10 | Sec. 3.1. Firearm transfer inquiry program Dial up system . | ||||||
11 | (a) The Department of State Police shall provide
a firearm | ||||||
12 | transfer inquiry program consisting of a dial up telephone | ||||||
13 | system or utilize other existing technology which shall be used | ||||||
14 | by any federally licensed
firearm dealer, gun show promoter, or | ||||||
15 | gun show vendor who is to transfer a firearm, stun gun, or | ||||||
16 | taser under the provisions of this
Act. The Department of State | ||||||
17 | Police may utilize existing technology which
allows the caller | ||||||
18 | to be charged a fee not to exceed $2. Fees collected by the | ||||||
19 | Department of
State Police shall be deposited in the State | ||||||
20 | Police Services Fund and used
to provide the service.
| ||||||
21 | (b) Upon receiving a request from a federally licensed | ||||||
22 | firearm dealer, gun show promoter, or gun show vendor, the
| ||||||
23 | Department of State Police shall immediately approve, or within | ||||||
24 | the time
period established by Section 24-3 of the Criminal | ||||||
25 | Code of 2012 regarding
the delivery of firearms, stun guns, and |
| |||||||
| |||||||
1 | tasers notify the inquiring dealer, gun show promoter, or gun | ||||||
2 | show vendor of any objection that
would disqualify the | ||||||
3 | transferee from acquiring or possessing a firearm, stun gun, or | ||||||
4 | taser. In
conducting the inquiry, the Department of State | ||||||
5 | Police shall initiate and
complete an automated search of its | ||||||
6 | criminal history record information
files and those of the | ||||||
7 | Federal Bureau of Investigation, including the
National | ||||||
8 | Instant Criminal Background Check System, and of the files of
| ||||||
9 | the Department of Human Services relating to mental health and
| ||||||
10 | developmental disabilities to obtain
any felony conviction or | ||||||
11 | patient hospitalization information which would
disqualify a | ||||||
12 | person from obtaining or require revocation of a currently
| ||||||
13 | valid Firearm Owner's Identification Card. | ||||||
14 | (c) If receipt of a firearm would not violate Section 24-3 | ||||||
15 | of the Criminal Code of 2012, federal law, or this Act the | ||||||
16 | Department of State Police shall: | ||||||
17 | (1) assign a unique identification number to the | ||||||
18 | transfer; and | ||||||
19 | (2) provide the licensee, gun show promoter, or gun | ||||||
20 | show vendor with the number. | ||||||
21 | (d) Approvals issued by the Department of State Police for | ||||||
22 | the purchase of a firearm are valid for 30 days from the date | ||||||
23 | of issue.
| ||||||
24 | (e) (1) The Department of State Police must act as the | ||||||
25 | Illinois Point of Contact
for the National Instant Criminal | ||||||
26 | Background Check System. |
| |||||||
| |||||||
1 | (2) The Department of State Police and the Department of | ||||||
2 | Human Services shall, in accordance with State and federal law | ||||||
3 | regarding confidentiality, enter into a memorandum of | ||||||
4 | understanding with the Federal Bureau of Investigation for the | ||||||
5 | purpose of implementing the National Instant Criminal | ||||||
6 | Background Check System in the State. The Department of State | ||||||
7 | Police shall report the name, date of birth, and physical | ||||||
8 | description of any person prohibited from possessing a firearm | ||||||
9 | pursuant to the Firearm Owners Identification Card Act or 18 | ||||||
10 | U.S.C. 922(g) and (n) to the National Instant Criminal | ||||||
11 | Background Check System Index, Denied Persons Files.
| ||||||
12 | (3) The Department of State Police shall , within 3 business | ||||||
13 | days, provide notice of the disqualification of a person under | ||||||
14 | subsection (b) of this Section or the revocation of a person's | ||||||
15 | Firearm Owner's Identification Card under Section 8 or Section | ||||||
16 | 8.2 of this Act, and the reason for the disqualification or | ||||||
17 | revocation, to all law enforcement agencies with jurisdiction | ||||||
18 | to assist with the seizure of the person's Firearm Owner's | ||||||
19 | Identification Card. | ||||||
20 | (f) The Department of State Police shall adopt rules not | ||||||
21 | inconsistent with this Section to implement this
system.
| ||||||
22 | (Source: P.A. 98-63, eff. 7-9-13; 99-787, eff. 1-1-17 .) | ||||||
23 | (430 ILCS 65/3.3)
| ||||||
24 | Sec. 3.3. Report to the local law enforcement agency ; | ||||||
25 | notification to the Federal Bureau of Investigation . |
| |||||||
| |||||||
1 | (a) The Department of
State Police must report the name and | ||||||
2 | address
of a person to the local law enforcement agency where | ||||||
3 | the person resides if the
person attempting to purchase a | ||||||
4 | firearm is disqualified from purchasing a
firearm because of | ||||||
5 | information obtained
under subsection (a-10) of Section 3 or | ||||||
6 | Section 3.1 that would disqualify the person from obtaining a | ||||||
7 | Firearm Owner's Identification Card under any of subsections | ||||||
8 | (c) through (n) of Section 8 of this Act.
| ||||||
9 | (b) The Department of State Police may notify the Federal | ||||||
10 | Bureau of Investigation when a person named on the consolidated | ||||||
11 | Terrorist Watchlist maintained by the Terrorist Screening | ||||||
12 | Center administered by the Federal Bureau of Investigation is | ||||||
13 | making application for a Firearm Owner's Identification Card. | ||||||
14 | (Source: P.A. 98-508, eff. 8-19-13.)
| ||||||
15 | (430 ILCS 65/8) (from Ch. 38, par. 83-8)
| ||||||
16 | Sec. 8. Grounds for denial and revocation. The Department | ||||||
17 | of State Police has authority to deny an
application for or to | ||||||
18 | revoke and seize a Firearm Owner's Identification
Card | ||||||
19 | previously issued under this Act only if the Department finds | ||||||
20 | that the
applicant or the person to whom such card was issued | ||||||
21 | is or was at the time
of issuance:
| ||||||
22 | (a) A person under 21 years of age who has been | ||||||
23 | convicted of a
misdemeanor other than a traffic offense or | ||||||
24 | adjudged delinquent;
| ||||||
25 | (b) A person under 21 years of age who does not have |
| |||||||
| |||||||
1 | the written consent
of his parent or guardian to acquire | ||||||
2 | and possess firearms and firearm
ammunition, or whose | ||||||
3 | parent or guardian has revoked such written consent,
or | ||||||
4 | where such parent or guardian does not qualify to have a | ||||||
5 | Firearm Owner's
Identification Card;
| ||||||
6 | (c) A person convicted of a felony under the laws of | ||||||
7 | this or any other
jurisdiction;
| ||||||
8 | (d) A person addicted to narcotics;
| ||||||
9 | (e) A person who has been a patient of a mental health | ||||||
10 | facility within the
past 5 years or a person who has been a | ||||||
11 | patient in a mental health facility more than 5 years ago | ||||||
12 | who has not received the certification required under | ||||||
13 | subsection (u) of this Section. An active law enforcement | ||||||
14 | officer employed by a unit of government who is denied, | ||||||
15 | revoked, or has his or her Firearm Owner's Identification | ||||||
16 | Card seized under this subsection (e) may obtain relief as | ||||||
17 | described in subsection (c-5) of Section 10 of this Act if | ||||||
18 | the officer did not act in a manner threatening to the | ||||||
19 | officer, another person, or the public as determined by the | ||||||
20 | treating clinical psychologist or physician, and the | ||||||
21 | officer seeks mental health treatment;
| ||||||
22 | (f) A person whose mental condition is of such a nature | ||||||
23 | that it poses
a clear and present danger to the applicant, | ||||||
24 | any other person or persons or
the community;
| ||||||
25 | (g) A person who has an intellectual disability;
| ||||||
26 | (h) A person who intentionally makes a false statement |
| |||||||
| |||||||
1 | in the Firearm
Owner's Identification Card application;
| ||||||
2 | (i) An alien who is unlawfully present in
the United | ||||||
3 | States under the laws of the United States;
| ||||||
4 | (i-5) An alien who has been admitted to the United | ||||||
5 | States under a
non-immigrant visa (as that term is defined | ||||||
6 | in Section 101(a)(26) of the
Immigration and Nationality | ||||||
7 | Act (8 U.S.C. 1101(a)(26))), except that this
subsection | ||||||
8 | (i-5) does not apply to any alien who has been lawfully | ||||||
9 | admitted to
the United States under a non-immigrant visa if | ||||||
10 | that alien is:
| ||||||
11 | (1) admitted to the United States for lawful | ||||||
12 | hunting or sporting purposes;
| ||||||
13 | (2) an official representative of a foreign | ||||||
14 | government who is:
| ||||||
15 | (A) accredited to the United States Government | ||||||
16 | or the Government's
mission to an international | ||||||
17 | organization having its headquarters in the United
| ||||||
18 | States; or
| ||||||
19 | (B) en route to or from another country to | ||||||
20 | which that alien is
accredited;
| ||||||
21 | (3) an official of a foreign government or | ||||||
22 | distinguished foreign visitor
who has been so | ||||||
23 | designated by the Department of State;
| ||||||
24 | (4) a foreign law enforcement officer of a friendly | ||||||
25 | foreign government
entering the United States on | ||||||
26 | official business; or
|
| |||||||
| |||||||
1 | (5) one who has received a waiver from the Attorney | ||||||
2 | General of the United
States pursuant to 18 U.S.C. | ||||||
3 | 922(y)(3);
| ||||||
4 | (j) (Blank);
| ||||||
5 | (k) A person who has been convicted within the past 5 | ||||||
6 | years of battery,
assault, aggravated assault, violation | ||||||
7 | of an order of protection, or a
substantially similar | ||||||
8 | offense in another jurisdiction, in which a firearm was
| ||||||
9 | used or possessed;
| ||||||
10 | (l) A person who has been convicted of domestic | ||||||
11 | battery, aggravated domestic battery, or a substantially
| ||||||
12 | similar offense in another jurisdiction committed before, | ||||||
13 | on or after January 1, 2012 (the effective date of Public | ||||||
14 | Act 97-158). If the applicant or person who has been | ||||||
15 | previously issued a Firearm Owner's Identification Card | ||||||
16 | under this Act knowingly and intelligently waives the right | ||||||
17 | to have an offense described in this paragraph (l) tried by | ||||||
18 | a jury, and by guilty plea or otherwise, results in a | ||||||
19 | conviction for an offense in which a domestic relationship | ||||||
20 | is not a required element of the offense but in which a | ||||||
21 | determination of the applicability of 18 U.S.C. 922(g)(9) | ||||||
22 | is made under Section 112A-11.1 of the Code of Criminal | ||||||
23 | Procedure of 1963, an entry by the court of a judgment of | ||||||
24 | conviction for that offense shall be grounds for denying an | ||||||
25 | application for and for revoking and seizing a Firearm | ||||||
26 | Owner's Identification Card previously issued to the |
| |||||||
| |||||||
1 | person under this Act;
| ||||||
2 | (m) (Blank);
| ||||||
3 | (n) A person who is prohibited from acquiring or | ||||||
4 | possessing
firearms or firearm ammunition by any Illinois | ||||||
5 | State statute or by federal
law;
| ||||||
6 | (o) A minor subject to a petition filed under Section | ||||||
7 | 5-520 of the
Juvenile Court Act of 1987 alleging that the | ||||||
8 | minor is a delinquent minor for
the commission of an | ||||||
9 | offense that if committed by an adult would be a felony;
| ||||||
10 | (p) An adult who had been adjudicated a delinquent | ||||||
11 | minor under the Juvenile
Court Act of 1987 for the | ||||||
12 | commission of an offense that if committed by an
adult | ||||||
13 | would be a felony;
| ||||||
14 | (q) A person who is not a resident of the State of | ||||||
15 | Illinois, except as provided in subsection (a-10) of | ||||||
16 | Section 4; | ||||||
17 | (r) A person who has been adjudicated as a person with | ||||||
18 | a mental disability; | ||||||
19 | (s) A person who has been found to have a developmental | ||||||
20 | disability; | ||||||
21 | (t) A person involuntarily admitted into a mental | ||||||
22 | health facility; or | ||||||
23 | (u) A person who has had his or her Firearm Owner's | ||||||
24 | Identification Card revoked or denied under subsection (e) | ||||||
25 | of this Section or item (iv) of paragraph (2) of subsection | ||||||
26 | (a) of Section 4 of this Act because he or she was a |
| |||||||
| |||||||
1 | patient in a mental health facility as provided in | ||||||
2 | subsection (e) of this Section, shall not be permitted to | ||||||
3 | obtain a Firearm Owner's Identification Card, after the | ||||||
4 | 5-year period has lapsed, unless he or she has received a | ||||||
5 | mental health evaluation by a physician, clinical | ||||||
6 | psychologist, or qualified examiner as those terms are | ||||||
7 | defined in the Mental Health and Developmental | ||||||
8 | Disabilities Code, and has received a certification that he | ||||||
9 | or she is not a clear and present danger to himself, | ||||||
10 | herself, or others. The physician, clinical psychologist, | ||||||
11 | or qualified examiner making the certification and his or | ||||||
12 | her employer shall not be held criminally, civilly, or | ||||||
13 | professionally liable for making or not making the | ||||||
14 | certification required under this subsection, except for | ||||||
15 | willful or wanton misconduct. This subsection does not | ||||||
16 | apply to a person whose firearm possession rights have been | ||||||
17 | restored through administrative or judicial action under | ||||||
18 | Section 10 or 11 of this Act ; or | ||||||
19 | (v) A person who is charged with making a terrorist | ||||||
20 | threat as set forth in Section 29D-20 or soliciting or | ||||||
21 | providing material support for terrorism as set forth in | ||||||
22 | Section 29D-29.9 of the Criminal Code of 2012 or a similar | ||||||
23 | offense of another state or under federal law . | ||||||
24 | Upon revocation of a person's Firearm Owner's | ||||||
25 | Identification Card, the Department of State Police shall | ||||||
26 | provide notice to the person and the person shall comply with |
| |||||||
| |||||||
1 | Section 9.5 of this Act. | ||||||
2 | (Source: P.A. 98-63, eff. 7-9-13; 98-508, eff. 8-19-13; 98-756, | ||||||
3 | eff. 7-16-14; 99-143, eff. 7-27-15.)
| ||||||
4 | (430 ILCS 65/9.5) | ||||||
5 | Sec. 9.5. Revocation of Firearm Owner's Identification
| ||||||
6 | Card. | ||||||
7 | (a) A person who receives a revocation notice under Section | ||||||
8 | 9 of this Act shall, within 48 hours of receiving notice of the | ||||||
9 | revocation: | ||||||
10 | (1) surrender his or her Firearm Owner's | ||||||
11 | Identification Card to the local law enforcement agency | ||||||
12 | where the person resides. The local law enforcement agency | ||||||
13 | shall provide the person a receipt and transmit the Firearm | ||||||
14 | Owner's Identification Card to the Department of State | ||||||
15 | Police; and | ||||||
16 | (2) complete a Firearm Disposition Record on a form | ||||||
17 | prescribed by the Department of State Police and place his | ||||||
18 | or her firearms in the location or with the person reported | ||||||
19 | in the Firearm Disposition Record. The form shall require | ||||||
20 | the person to disclose: | ||||||
21 | (A) the make, model, and serial number of each | ||||||
22 | firearm owned by or under the custody and control of | ||||||
23 | the revoked person; | ||||||
24 | (B) the location where each firearm will be | ||||||
25 | maintained during the prohibited term; and |
| |||||||
| |||||||
1 | (C) if any firearm will be transferred to the | ||||||
2 | custody of another person, the name, address and | ||||||
3 | Firearm Owner's Identification Card number of the | ||||||
4 | transferee. | ||||||
5 | (b) The local law enforcement agency shall provide a copy | ||||||
6 | of the Firearm Disposition Record to the person whose Firearm | ||||||
7 | Owner's Identification Card has been revoked and to the | ||||||
8 | Department of State Police. | ||||||
9 | (c) If the person whose Firearm Owner's Identification Card | ||||||
10 | has been revoked fails to comply with the requirements of this | ||||||
11 | Section, the sheriff or law enforcement agency where the person | ||||||
12 | resides may petition the circuit court to issue a warrant to | ||||||
13 | search for and seize the Firearm Owner's Identification Card | ||||||
14 | and firearms in the possession or under the custody or control | ||||||
15 | of the person whose Firearm Owner's Identification Card has | ||||||
16 | been revoked. | ||||||
17 | (c-5) If the Department of State Police has not received | ||||||
18 | the Firearm Owner's Identification Card or Firearms | ||||||
19 | Disposition Record from the person, the Department shall send | ||||||
20 | notice of noncompliance to the sheriff and law enforcement | ||||||
21 | agency where the person resides and upon request the Department | ||||||
22 | shall make this information of noncompliance available to the | ||||||
23 | sheriff and law enforcement agency where the person resides. | ||||||
24 | (d) A violation of subsection (a) of this Section is a | ||||||
25 | Class A misdemeanor. | ||||||
26 | (e) The observation of a Firearm Owner's Identification |
| |||||||
| |||||||
1 | Card in the possession of a person whose Firearm Owner's | ||||||
2 | Identification Card has been revoked constitutes a sufficient | ||||||
3 | basis for the arrest of that person for violation of this | ||||||
4 | Section. | ||||||
5 | (f) Within 30 days after the effective date of this | ||||||
6 | amendatory Act of the 98th General Assembly, the Department of | ||||||
7 | State Police shall provide written notice of the requirements | ||||||
8 | of this Section to persons whose Firearm Owner's Identification | ||||||
9 | Cards have been revoked, suspended, or expired and who have | ||||||
10 | failed to surrender their cards to the Department. Within 30 | ||||||
11 | days
after the effective date of this amendatory Act of the | ||||||
12 | 100th
General Assembly, and by January 31 of each year | ||||||
13 | thereafter, the
Department of State Police shall provide | ||||||
14 | written notice, in the form and manner prescribed by the | ||||||
15 | Department, of the
requirements of this Section to every | ||||||
16 | sheriff and law enforcement agency within this State. | ||||||
17 | (g) A person whose Firearm Owner's Identification Card has | ||||||
18 | been revoked and who received notice under subsection (f) shall | ||||||
19 | comply with the requirements of this Section within 48 hours of | ||||||
20 | receiving notice.
| ||||||
21 | (Source: P.A. 98-63, eff. 7-9-13.)
| ||||||
22 | Section 15. The Firearm Concealed Carry Act is amended by | ||||||
23 | changing Section 65 as follows: | ||||||
24 | (430 ILCS 66/65)
|
| |||||||
| |||||||
1 | Sec. 65. Prohibitions Prohibited areas . | ||||||
2 | (a) A licensee under this Act shall not knowingly carry a | ||||||
3 | firearm on or into: | ||||||
4 | (1) Any building, real property, and parking area under | ||||||
5 | the control of a public or private elementary or secondary | ||||||
6 | school. | ||||||
7 | (2) Any building, real property, and parking area under | ||||||
8 | the control of a pre-school or child care facility, | ||||||
9 | including any room or portion of a building under the | ||||||
10 | control of a pre-school or child care facility. Nothing in | ||||||
11 | this paragraph shall prevent the operator of a child care | ||||||
12 | facility in a family home from owning or possessing a | ||||||
13 | firearm in the home or license under this Act, if no child | ||||||
14 | under child care at the home is present in the home or the | ||||||
15 | firearm in the home is stored in a locked container when a | ||||||
16 | child under child care at the home is present in the home. | ||||||
17 | (3) Any building, parking area, or portion of a | ||||||
18 | building under the control of an officer of the executive | ||||||
19 | or legislative branch of government, provided that nothing | ||||||
20 | in this paragraph shall prohibit a licensee from carrying a | ||||||
21 | concealed firearm onto the real property, bikeway, or trail | ||||||
22 | in a park regulated by the Department of Natural Resources | ||||||
23 | or any other designated public hunting area or building | ||||||
24 | where firearm possession is permitted as established by the | ||||||
25 | Department of Natural Resources under Section 1.8 of the | ||||||
26 | Wildlife Code. |
| |||||||
| |||||||
1 | (4) Any building designated for matters before a | ||||||
2 | circuit court, appellate court, or the Supreme Court, or | ||||||
3 | any building or portion of a building under the control of | ||||||
4 | the Supreme Court. | ||||||
5 | (5) Any building or portion of a building under the | ||||||
6 | control of a unit of local government. | ||||||
7 | (6) Any building, real property, and parking area under | ||||||
8 | the control of an adult or juvenile detention or | ||||||
9 | correctional institution, prison, or jail. | ||||||
10 | (7) Any building, real property, and parking area under | ||||||
11 | the control of a public or private hospital or hospital | ||||||
12 | affiliate, mental health facility, or nursing home. | ||||||
13 | (8) Any bus, train, or form of transportation paid for | ||||||
14 | in whole or in part with public funds, and any building, | ||||||
15 | real property, and parking area under the control of a | ||||||
16 | public transportation facility paid for in whole or in part | ||||||
17 | with public funds. | ||||||
18 | (9) Any building, real property, and parking area under | ||||||
19 | the control of an establishment that serves alcohol on its | ||||||
20 | premises, if more than 50% of the establishment's gross | ||||||
21 | receipts within the prior 3 months is from the sale of | ||||||
22 | alcohol. The owner of an establishment who knowingly fails | ||||||
23 | to prohibit concealed firearms on its premises as provided | ||||||
24 | in this paragraph or who knowingly makes a false statement | ||||||
25 | or record to avoid the prohibition on concealed firearms | ||||||
26 | under this paragraph is subject to the penalty under |
| |||||||
| |||||||
1 | subsection (c-5) of Section 10-1 of the Liquor Control Act | ||||||
2 | of 1934. | ||||||
3 | (10) Any public gathering or special event conducted on | ||||||
4 | property open to the public that requires the issuance of a | ||||||
5 | permit from the unit of local government, provided this | ||||||
6 | prohibition shall not apply to a licensee who must walk | ||||||
7 | through a public gathering in order to access his or her | ||||||
8 | residence, place of business, or vehicle. | ||||||
9 | (11) Any building or real property that has been issued | ||||||
10 | a Special Event Retailer's license as defined in Section | ||||||
11 | 1-3.17.1 of the Liquor Control Act during the time | ||||||
12 | designated for the sale of alcohol by the Special Event | ||||||
13 | Retailer's license, or a Special use permit license as | ||||||
14 | defined in subsection (q) of Section 5-1 of the Liquor | ||||||
15 | Control Act during the time designated for the sale of | ||||||
16 | alcohol by the Special use permit license. | ||||||
17 | (12) Any public playground. | ||||||
18 | (13) Any public park, athletic area, or athletic | ||||||
19 | facility under the control of a municipality or park | ||||||
20 | district, provided nothing in this Section shall prohibit a | ||||||
21 | licensee from carrying a concealed firearm while on a trail | ||||||
22 | or bikeway if only a portion of the trail or bikeway | ||||||
23 | includes a public park. | ||||||
24 | (14) Any real property under the control of the Cook | ||||||
25 | County Forest Preserve District. | ||||||
26 | (15) Any building, classroom, laboratory, medical |
| |||||||
| |||||||
1 | clinic, hospital, artistic venue, athletic venue, | ||||||
2 | entertainment venue, officially recognized | ||||||
3 | university-related organization property, whether owned or | ||||||
4 | leased, and any real property, including parking areas, | ||||||
5 | sidewalks, and common areas under the control of a public | ||||||
6 | or private community college, college, or university. | ||||||
7 | (16) Any building, real property, or parking area under | ||||||
8 | the control of a gaming facility licensed under the | ||||||
9 | Riverboat Gambling Act or the Illinois Horse Racing Act of | ||||||
10 | 1975, including an inter-track wagering location licensee. | ||||||
11 | (17) Any stadium, arena, or the real property or | ||||||
12 | parking area under the control of a stadium, arena, or any | ||||||
13 | collegiate or professional sporting event. | ||||||
14 | (18) Any building, real property, or parking area under | ||||||
15 | the control of a public library. | ||||||
16 | (19) Any building, real property, or parking area under | ||||||
17 | the control of an airport. | ||||||
18 | (20) Any building, real property, or parking area under | ||||||
19 | the control of an amusement park. | ||||||
20 | (21) Any building, real property, or parking area under | ||||||
21 | the control of a zoo or museum. | ||||||
22 | (22) Any street, driveway, parking area, property, | ||||||
23 | building, or facility, owned, leased, controlled, or used | ||||||
24 | by a nuclear energy, storage, weapons, or development site | ||||||
25 | or facility regulated by the federal Nuclear Regulatory | ||||||
26 | Commission. The licensee shall not under any circumstance |
| |||||||
| |||||||
1 | store a firearm or ammunition in his or her vehicle or in a | ||||||
2 | compartment or container within a vehicle located anywhere | ||||||
3 | in or on the street, driveway, parking area, property, | ||||||
4 | building, or facility described in this paragraph. | ||||||
5 | (23) Any area where firearms are prohibited under | ||||||
6 | federal law. | ||||||
7 | (a-5) Nothing in this Act shall prohibit a public or | ||||||
8 | private community college, college, or university from: | ||||||
9 | (1) prohibiting persons from carrying a firearm within | ||||||
10 | a vehicle owned, leased, or controlled by the college or | ||||||
11 | university; | ||||||
12 | (2) developing resolutions, regulations, or policies | ||||||
13 | regarding student, employee, or visitor misconduct and | ||||||
14 | discipline, including suspension and expulsion; | ||||||
15 | (3) developing resolutions, regulations, or policies | ||||||
16 | regarding the storage or maintenance of firearms, which | ||||||
17 | must include designated areas where persons can park | ||||||
18 | vehicles that carry firearms; and | ||||||
19 | (4) permitting the carrying or use of firearms for the | ||||||
20 | purpose of instruction and curriculum of officially | ||||||
21 | recognized programs, including but not limited to military | ||||||
22 | science and law enforcement training programs, or in any | ||||||
23 | designated area used for hunting purposes or target | ||||||
24 | shooting. | ||||||
25 | (a-10) The owner of private real property of any type may | ||||||
26 | prohibit the carrying of concealed firearms on the property |
| |||||||
| |||||||
1 | under his or her control. The owner must post a sign in | ||||||
2 | accordance with subsection (d) of this Section indicating that | ||||||
3 | firearms are prohibited on the property, unless the property is | ||||||
4 | a private residence. | ||||||
5 | (b) Notwithstanding subsections (a), (a-5), and (a-10) of | ||||||
6 | this Section except under paragraph (22) or (23) of subsection | ||||||
7 | (a), any licensee prohibited from carrying a concealed firearm | ||||||
8 | into the parking area of a prohibited location specified in | ||||||
9 | subsection (a), (a-5), or (a-10) of this Section shall be | ||||||
10 | permitted to carry a concealed firearm on or about his or her | ||||||
11 | person within a vehicle into the parking area and may store a | ||||||
12 | firearm or ammunition concealed in a case within a locked | ||||||
13 | vehicle or locked container out of plain view within the | ||||||
14 | vehicle in the parking area. A licensee may carry a concealed | ||||||
15 | firearm in the immediate area surrounding his or her vehicle | ||||||
16 | within a prohibited parking lot area only for the limited | ||||||
17 | purpose of storing or retrieving a firearm within the vehicle's | ||||||
18 | trunk. For purposes of this subsection, "case" includes a glove | ||||||
19 | compartment or console that completely encloses the concealed | ||||||
20 | firearm or ammunition, the trunk of the vehicle, or a firearm | ||||||
21 | carrying box, shipping box, or other container. | ||||||
22 | (c) A licensee shall not be in violation of this Section | ||||||
23 | while he or she is traveling along a public right of way that | ||||||
24 | touches or crosses any of the premises under subsection (a), | ||||||
25 | (a-5), or (a-10) of this Section if the concealed firearm is | ||||||
26 | carried on his or her person in accordance with the provisions |
| |||||||
| |||||||
1 | of this Act or is being transported in a vehicle by the | ||||||
2 | licensee in accordance with all other applicable provisions of | ||||||
3 | law. | ||||||
4 | (d) Signs stating that the carrying of firearms is | ||||||
5 | prohibited shall be clearly and conspicuously posted at the | ||||||
6 | entrance of a building, premises, or real property specified in | ||||||
7 | this Section as a prohibited area, unless the building or | ||||||
8 | premises is a private residence. Signs shall be of a uniform | ||||||
9 | design as established by the Department and shall be 4 inches | ||||||
10 | by 6 inches in size. The Department shall adopt rules for | ||||||
11 | standardized signs to be used under this subsection. | ||||||
12 | (e) A person licensed under this Act shall not carry a | ||||||
13 | handgun equipped with a suppressor or silencer when carrying a | ||||||
14 | handgun under this Act.
| ||||||
15 | (Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15.) | ||||||
16 | Section 20. The Wildlife Code is amended by changing | ||||||
17 | Section 2.33 as follows:
| ||||||
18 | (520 ILCS 5/2.33) (from Ch. 61, par. 2.33)
| ||||||
19 | Sec. 2.33. Prohibitions.
| ||||||
20 | (a) It is unlawful to carry or possess any gun in any
State | ||||||
21 | refuge unless otherwise permitted by administrative rule.
| ||||||
22 | (b) It is unlawful to use or possess any snare or | ||||||
23 | snare-like device,
deadfall, net, or pit trap to take any | ||||||
24 | species, except that snares not
powered by springs or other |
| |||||||
| |||||||
1 | mechanical devices may be used to trap
fur-bearing mammals, in | ||||||
2 | water sets only, if at least one-half of the snare
noose is | ||||||
3 | located underwater at all times.
| ||||||
4 | (c) It is unlawful for any person at any time to take a | ||||||
5 | wild mammal
protected by this Act from its den by means of any | ||||||
6 | mechanical device,
spade, or digging device or to use smoke or | ||||||
7 | other gases to dislodge or
remove such mammal except as | ||||||
8 | provided in Section 2.37.
| ||||||
9 | (d) It is unlawful to use a ferret or any other small | ||||||
10 | mammal which is
used in the same or similar manner for which | ||||||
11 | ferrets are used for the
purpose of frightening or driving any | ||||||
12 | mammals from their dens or hiding places.
| ||||||
13 | (e) (Blank).
| ||||||
14 | (f) It is unlawful to use spears, gigs, hooks or any like | ||||||
15 | device to
take any species protected by this Act.
| ||||||
16 | (g) It is unlawful to use poisons, chemicals or explosives | ||||||
17 | for the
purpose of taking any species protected by this Act.
| ||||||
18 | (h) It is unlawful to hunt adjacent to or near any peat, | ||||||
19 | grass,
brush or other inflammable substance when it is burning.
| ||||||
20 | (i) It is unlawful to take, pursue or intentionally harass | ||||||
21 | or disturb
in any manner any wild birds or mammals by use or | ||||||
22 | aid of any vehicle or
conveyance, except as permitted by the | ||||||
23 | Code of Federal Regulations for the
taking of waterfowl. It is | ||||||
24 | also unlawful to use the lights of any vehicle
or conveyance or | ||||||
25 | any light from or any light connected to the
vehicle or | ||||||
26 | conveyance in any area where wildlife may be found except in
|
| |||||||
| |||||||
1 | accordance with Section 2.37 of this Act; however, nothing in | ||||||
2 | this
Section shall prohibit the normal use of headlamps for the | ||||||
3 | purpose of driving
upon a roadway. Striped skunk, opossum, red | ||||||
4 | fox, gray
fox, raccoon, bobcat, and coyote may be taken during | ||||||
5 | the open season by use of a small
light which is worn on the | ||||||
6 | body or hand-held by a person on foot and not in any
vehicle.
| ||||||
7 | (j) It is unlawful to use any shotgun larger than 10 gauge | ||||||
8 | while
taking or attempting to take any of the species protected | ||||||
9 | by this Act.
| ||||||
10 | (k) It is unlawful to use or possess in the field any | ||||||
11 | shotgun shell loaded
with a shot size larger than lead BB or | ||||||
12 | steel T (.20 diameter) when taking or
attempting to take any | ||||||
13 | species of wild game mammals (excluding white-tailed
deer), | ||||||
14 | wild game birds, migratory waterfowl or migratory game birds | ||||||
15 | protected
by this Act, except white-tailed deer as provided for | ||||||
16 | in Section 2.26 and other
species as provided for by subsection | ||||||
17 | (l) or administrative rule.
| ||||||
18 | (l) It is unlawful to take any species of wild game, except
| ||||||
19 | white-tailed deer and fur-bearing mammals, with a shotgun | ||||||
20 | loaded with slugs unless otherwise
provided for by | ||||||
21 | administrative rule.
| ||||||
22 | (m) It is unlawful to use any shotgun capable of holding | ||||||
23 | more than 3
shells in the magazine or chamber combined, except | ||||||
24 | on game breeding and
hunting preserve areas licensed under | ||||||
25 | Section 3.27 and except as permitted by
the Code of Federal | ||||||
26 | Regulations for the taking of waterfowl. If the shotgun
is |
| |||||||
| |||||||
1 | capable of holding more than 3 shells, it shall, while being | ||||||
2 | used on an
area other than a game breeding and shooting | ||||||
3 | preserve area licensed
pursuant to Section 3.27, be fitted with | ||||||
4 | a one piece plug that is
irremovable without dismantling the | ||||||
5 | shotgun or otherwise altered to
render it incapable of holding | ||||||
6 | more than 3 shells in the magazine and
chamber, combined.
| ||||||
7 | (n) It is unlawful for any person, except persons who | ||||||
8 | possess a permit to
hunt from a vehicle as provided in this | ||||||
9 | Section and persons otherwise permitted
by law, to have or | ||||||
10 | carry any gun in or on any vehicle, conveyance or aircraft,
| ||||||
11 | unless such gun is unloaded and enclosed in a case, except that | ||||||
12 | at field trials
authorized by Section 2.34 of this Act, | ||||||
13 | unloaded guns or guns loaded with blank
cartridges only, may be | ||||||
14 | carried on horseback while not contained in a case, or
to have | ||||||
15 | or carry any bow or arrow device in or on any vehicle unless | ||||||
16 | such bow
or arrow device is unstrung or enclosed in a case, or | ||||||
17 | otherwise made
inoperable.
| ||||||
18 | (o) It is unlawful to use any crossbow for the purpose of | ||||||
19 | taking any
wild birds or mammals, except as provided for in | ||||||
20 | Section 2.5.
| ||||||
21 | (p) It is unlawful to take game birds, migratory game birds | ||||||
22 | or
migratory waterfowl with a rifle, pistol, revolver or | ||||||
23 | airgun.
| ||||||
24 | (q) It is unlawful to fire a rifle, pistol, revolver or | ||||||
25 | airgun on,
over or into any waters of this State, including | ||||||
26 | frozen waters.
|
| |||||||
| |||||||
1 | (r) It is unlawful to discharge any gun or bow and arrow | ||||||
2 | device
along, upon, across, or from any public right-of-way or | ||||||
3 | highway in this State.
| ||||||
4 | (s) (Blank). It is unlawful to use a silencer or other | ||||||
5 | device to muffle or
mute the sound of the explosion or report | ||||||
6 | resulting from the firing of
any gun.
| ||||||
7 | (t) It is unlawful for any person to take or attempt to | ||||||
8 | take any species of wildlife or parts thereof, intentionally or | ||||||
9 | wantonly allow a dog to
hunt, within or upon the land of | ||||||
10 | another, or upon waters flowing over or
standing on the land of | ||||||
11 | another, or to knowingly shoot a gun or bow and arrow device at | ||||||
12 | any wildlife physically on or flying over the property of | ||||||
13 | another without first obtaining permission from
the owner or | ||||||
14 | the owner's designee. For the purposes of this Section, the | ||||||
15 | owner's designee means anyone who the owner designates in a | ||||||
16 | written authorization and the authorization must contain (i) | ||||||
17 | the legal or common description of property for such authority | ||||||
18 | is given, (ii) the extent that the owner's designee is | ||||||
19 | authorized to make decisions regarding who is allowed to take | ||||||
20 | or attempt to take any species of wildlife or parts thereof, | ||||||
21 | and (iii) the owner's notarized signature. Before enforcing | ||||||
22 | this
Section the law enforcement officer must have received | ||||||
23 | notice from the
owner or the owner's designee of a violation of | ||||||
24 | this Section. Statements made to the
law enforcement officer | ||||||
25 | regarding this notice shall not be rendered
inadmissible by the | ||||||
26 | hearsay rule when offered for the purpose of showing the
|
| |||||||
| |||||||
1 | required notice.
| ||||||
2 | (u) It is unlawful for any person to discharge any firearm | ||||||
3 | for the purpose
of taking any of the species protected by this | ||||||
4 | Act, or hunt with gun or
dog, or intentionally or wantonly | ||||||
5 | allow a dog to hunt, within 300 yards of an inhabited dwelling | ||||||
6 | without
first obtaining permission from the owner or tenant, | ||||||
7 | except that while
trapping, hunting with bow and arrow, hunting | ||||||
8 | with dog and shotgun using shot
shells only, or hunting with | ||||||
9 | shotgun using shot shells only, or providing outfitting | ||||||
10 | services under a waterfowl outfitter permit, or
on licensed | ||||||
11 | game breeding and hunting preserve areas, as defined in Section
| ||||||
12 | 3.27, on
federally owned and managed lands and on Department | ||||||
13 | owned, managed, leased, or
controlled lands, a 100 yard | ||||||
14 | restriction shall apply.
| ||||||
15 | (v) It is unlawful for any person to remove fur-bearing | ||||||
16 | mammals from, or
to move or disturb in any manner, the traps | ||||||
17 | owned by another person without
written authorization of the | ||||||
18 | owner to do so.
| ||||||
19 | (w) It is unlawful for any owner of a dog to knowingly or | ||||||
20 | wantonly allow
his or her dog to pursue, harass or kill deer, | ||||||
21 | except that nothing in this Section shall prohibit the tracking | ||||||
22 | of wounded deer with a dog in accordance with the provisions of | ||||||
23 | Section 2.26 of this Code.
| ||||||
24 | (x) It is unlawful for any person to wantonly or carelessly | ||||||
25 | injure
or destroy, in any manner whatsoever, any real or | ||||||
26 | personal property on
the land of another while engaged in |
| |||||||
| |||||||
1 | hunting or trapping thereon.
| ||||||
2 | (y) It is unlawful to hunt wild game protected by this Act | ||||||
3 | between one
half hour after sunset and one half hour before | ||||||
4 | sunrise, except that
hunting hours between one half hour after | ||||||
5 | sunset and one half hour
before sunrise may be established by | ||||||
6 | administrative rule for fur-bearing
mammals.
| ||||||
7 | (z) It is unlawful to take any game bird (excluding wild | ||||||
8 | turkeys and
crippled pheasants not capable of normal flight and | ||||||
9 | otherwise irretrievable)
protected by this Act when not flying. | ||||||
10 | Nothing in this Section shall prohibit
a person from carrying | ||||||
11 | an uncased, unloaded shotgun in a boat, while in pursuit
of a | ||||||
12 | crippled migratory waterfowl that is incapable of normal | ||||||
13 | flight, for the
purpose of attempting to reduce the migratory | ||||||
14 | waterfowl to possession, provided
that the attempt is made | ||||||
15 | immediately upon downing the migratory waterfowl and
is done | ||||||
16 | within 400 yards of the blind from which the migratory | ||||||
17 | waterfowl was
downed. This exception shall apply only to | ||||||
18 | migratory game birds that are not
capable of normal flight. | ||||||
19 | Migratory waterfowl that are crippled may be taken
only with a | ||||||
20 | shotgun as regulated by subsection (j) of this Section using
| ||||||
21 | shotgun shells as regulated in subsection (k) of this Section.
| ||||||
22 | (aa) It is unlawful to use or possess any device that may | ||||||
23 | be used for
tree climbing or cutting, while hunting fur-bearing | ||||||
24 | mammals, excluding coyotes.
| ||||||
25 | (bb) It is unlawful for any person, except licensed game | ||||||
26 | breeders,
pursuant to Section 2.29 to import, carry into, or |
| |||||||
| |||||||
1 | possess alive in this
State any species of wildlife taken | ||||||
2 | outside of this State, without
obtaining permission to do so | ||||||
3 | from the Director.
| ||||||
4 | (cc) It is unlawful for any person to have in his or her
| ||||||
5 | possession any freshly killed species protected by this Act | ||||||
6 | during the season
closed for taking.
| ||||||
7 | (dd) It is unlawful to take any species protected by this | ||||||
8 | Act and retain
it alive except as provided by administrative | ||||||
9 | rule.
| ||||||
10 | (ee) It is unlawful to possess any rifle while in the field | ||||||
11 | during gun
deer season except as provided in Section 2.26 and | ||||||
12 | administrative rules.
| ||||||
13 | (ff) It is unlawful for any person to take any species | ||||||
14 | protected by
this Act, except migratory waterfowl, during the | ||||||
15 | gun deer hunting season in
those counties open to gun deer | ||||||
16 | hunting, unless he or she wears, when in
the field, a cap and | ||||||
17 | upper outer garment of a solid blaze orange color, with
such | ||||||
18 | articles of clothing displaying a minimum of 400 square inches | ||||||
19 | of
blaze orange material.
| ||||||
20 | (gg) It is unlawful during the upland game season for any | ||||||
21 | person to take
upland game with a firearm unless he or she | ||||||
22 | wears, while in the field, a
cap of solid blaze orange color. | ||||||
23 | For purposes of this Act, upland game is
defined as Bobwhite | ||||||
24 | Quail, Hungarian Partridge, Ring-necked Pheasant, Eastern
| ||||||
25 | Cottontail and Swamp Rabbit.
| ||||||
26 | (hh) It shall be unlawful to kill or cripple any species |
| |||||||
| |||||||
1 | protected by
this Act for which there is a bag limit without | ||||||
2 | making a reasonable
effort to retrieve such species and include | ||||||
3 | such in the bag limit. It shall be unlawful for any person | ||||||
4 | having control over harvested game mammals, game birds, or | ||||||
5 | migratory game birds for which there is a bag limit to wantonly | ||||||
6 | waste or destroy the usable meat of the game, except this shall | ||||||
7 | not apply to wildlife taken under Sections 2.37 or 3.22 of this | ||||||
8 | Code. For purposes of this subsection, "usable meat" means the | ||||||
9 | breast meat of a game bird or migratory game bird and the hind | ||||||
10 | ham and front shoulders of a game mammal. It shall be unlawful | ||||||
11 | for any person to place, leave, dump, or abandon a wildlife | ||||||
12 | carcass or parts of it along or upon a public right-of-way or | ||||||
13 | highway or on public or private property, including a waterway | ||||||
14 | or stream, without the permission of the owner or tenant. It | ||||||
15 | shall not be unlawful to discard game meat that is determined | ||||||
16 | to be unfit for human consumption.
| ||||||
17 | (ii) This Section shall apply only to those species | ||||||
18 | protected by this
Act taken within the State. Any species or | ||||||
19 | any parts thereof, legally taken
in and transported from other | ||||||
20 | states or countries, may be possessed
within the State, except | ||||||
21 | as provided in this Section and Sections 2.35, 2.36
and 3.21.
| ||||||
22 | (jj) (Blank).
| ||||||
23 | (kk) Nothing contained in this Section shall prohibit the | ||||||
24 | Director
from issuing permits to paraplegics or to other | ||||||
25 | persons with disabilities who meet the
requirements set forth | ||||||
26 | in administrative rule to shoot or hunt from a vehicle
as |
| |||||||
| |||||||
1 | provided by that rule, provided that such is otherwise in | ||||||
2 | accord with this
Act.
| ||||||
3 | (ll) Nothing contained in this Act shall prohibit the | ||||||
4 | taking of aquatic
life protected by the Fish and Aquatic Life | ||||||
5 | Code or birds and mammals
protected by this Act, except deer | ||||||
6 | and fur-bearing mammals, from a boat not
camouflaged or | ||||||
7 | disguised to alter its identity or to further provide a place
| ||||||
8 | of concealment and not propelled by sail or mechanical power. | ||||||
9 | However, only
shotguns not larger than 10 gauge nor smaller | ||||||
10 | than .410 bore loaded with not
more than 3 shells of a shot | ||||||
11 | size no larger than lead BB or steel T (.20
diameter) may be | ||||||
12 | used to take species protected by this Act.
| ||||||
13 | (mm) Nothing contained in this Act shall prohibit the use | ||||||
14 | of a shotgun,
not larger than 10 gauge nor smaller than a 20 | ||||||
15 | gauge, with a rifled barrel.
| ||||||
16 | (nn) It shall be unlawful to possess any species of | ||||||
17 | wildlife or wildlife parts taken unlawfully in Illinois, any | ||||||
18 | other state, or any other country, whether or not the wildlife | ||||||
19 | or wildlife parts is indigenous to Illinois. For the purposes | ||||||
20 | of this subsection, the statute of limitations for unlawful | ||||||
21 | possession of wildlife or wildlife parts shall not cease until | ||||||
22 | 2 years after the possession has permanently ended. | ||||||
23 | (Source: P.A. 98-119, eff. 1-1-14; 98-181, eff. 8-5-13; 98-183, | ||||||
24 | eff. 1-1-14; 98-290, eff. 8-9-13; 98-756, eff. 7-16-14; 98-914, | ||||||
25 | eff. 1-1-15; 99-33, eff. 1-1-16; 99-143, eff. 7-27-15; 99-642, | ||||||
26 | eff. 7-28-16.)
|
| |||||||
| |||||||
1 | Section 25. The Criminal Code of 2012 is amended by | ||||||
2 | changing Section 24-1 and 24-3 as follows:
| ||||||
3 | (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
| ||||||
4 | Sec. 24-1. Unlawful use of weapons.
| ||||||
5 | (a) A person commits the offense of unlawful use of weapons | ||||||
6 | when
he knowingly:
| ||||||
7 | (1) Sells, manufactures, purchases, possesses or | ||||||
8 | carries any bludgeon,
black-jack, slung-shot, sand-club, | ||||||
9 | sand-bag, metal knuckles or other knuckle weapon | ||||||
10 | regardless of its composition, throwing star,
or any knife, | ||||||
11 | commonly referred to as a switchblade knife, which has a
| ||||||
12 | blade that opens automatically by hand pressure applied to | ||||||
13 | a button,
spring or other device in the handle of the | ||||||
14 | knife, or a ballistic knife,
which is a device that propels | ||||||
15 | a knifelike blade as a projectile by means
of a coil | ||||||
16 | spring, elastic material or compressed gas; or
| ||||||
17 | (2) Carries or possesses with intent to use the same | ||||||
18 | unlawfully
against another, a dagger, dirk, billy, | ||||||
19 | dangerous knife, razor,
stiletto, broken bottle or other | ||||||
20 | piece of glass, stun gun or taser or
any other dangerous or | ||||||
21 | deadly weapon or instrument of like character; or
| ||||||
22 | (3) Carries on or about his person or in any vehicle, a | ||||||
23 | tear gas gun
projector or bomb or any object containing | ||||||
24 | noxious liquid gas or
substance, other than an object |
| |||||||
| |||||||
1 | containing a non-lethal noxious liquid gas
or substance | ||||||
2 | designed solely for personal defense carried by a person 18
| ||||||
3 | years of age or older; or
| ||||||
4 | (4) Carries or possesses in any vehicle or concealed on | ||||||
5 | or about his
person except when on his land or in his own | ||||||
6 | abode, legal dwelling, or fixed place of
business, or on | ||||||
7 | the land or in the legal dwelling of another person as an | ||||||
8 | invitee with that person's permission, any pistol, | ||||||
9 | revolver, stun gun or taser or other firearm, except
that
| ||||||
10 | this subsection (a) (4) does not apply to or affect | ||||||
11 | transportation of weapons
that meet one of the following | ||||||
12 | conditions:
| ||||||
13 | (i) are broken down in a non-functioning state; or
| ||||||
14 | (ii) are not immediately accessible; or
| ||||||
15 | (iii) are unloaded and enclosed in a case, firearm | ||||||
16 | carrying box,
shipping box, or other container by a | ||||||
17 | person who has been issued a currently
valid Firearm | ||||||
18 | Owner's
Identification Card; or | ||||||
19 | (iv) are carried or possessed in accordance with | ||||||
20 | the Firearm Concealed Carry Act by a person who has | ||||||
21 | been issued a currently valid license under the Firearm | ||||||
22 | Concealed Carry Act; or
| ||||||
23 | (5) Sets a spring gun; or
| ||||||
24 | (6) Either: | ||||||
25 | (i) uses, attaches, or possesses with the intent to | ||||||
26 | use or attach Possesses any device or attachment of any |
| |||||||
| |||||||
1 | kind for designed, used or
intended for use in | ||||||
2 | silencing the report of any handgun, unless the use, | ||||||
3 | attachment, or possession with the intent to use the | ||||||
4 | device or attachment is on the premises of a firing or | ||||||
5 | shooting range; or | ||||||
6 | (ii) possesses any device or attachment of any kind | ||||||
7 | designed, used, or intended for use in silencing the | ||||||
8 | report of any firearm, other than a handgun, if the | ||||||
9 | device or attachment is not possessed in compliance | ||||||
10 | with the National Firearms Act firearm ; or
| ||||||
11 | (7) Sells, manufactures, purchases, possesses or | ||||||
12 | carries:
| ||||||
13 | (i) a machine gun, which shall be defined for the | ||||||
14 | purposes of this
subsection as any weapon,
which | ||||||
15 | shoots, is designed to shoot, or can be readily | ||||||
16 | restored to shoot,
automatically more than one shot | ||||||
17 | without manually reloading by a single
function of the | ||||||
18 | trigger, including the frame or receiver
of any such | ||||||
19 | weapon, or sells, manufactures, purchases, possesses, | ||||||
20 | or
carries any combination of parts designed or | ||||||
21 | intended for
use in converting any weapon into a | ||||||
22 | machine gun, or any combination or
parts from which a | ||||||
23 | machine gun can be assembled if such parts are in the
| ||||||
24 | possession or under the control of a person;
| ||||||
25 | (ii) any rifle having one or
more barrels less than | ||||||
26 | 16 inches in length or a shotgun having one or more
|
| |||||||
| |||||||
1 | barrels less than 18 inches in length or any weapon | ||||||
2 | made from a rifle or
shotgun, whether by alteration, | ||||||
3 | modification, or otherwise, if such a weapon
as | ||||||
4 | modified has an overall length of less than 26 inches; | ||||||
5 | or
| ||||||
6 | (iii) any
bomb, bomb-shell, grenade, bottle or | ||||||
7 | other container containing an
explosive substance of | ||||||
8 | over one-quarter ounce for like purposes, such
as, but | ||||||
9 | not limited to, black powder bombs and Molotov | ||||||
10 | cocktails or
artillery projectiles; or
| ||||||
11 | (8) Carries or possesses any firearm, stun gun or taser | ||||||
12 | or other
deadly weapon in any place which is licensed to | ||||||
13 | sell intoxicating
beverages, or at any public gathering | ||||||
14 | held pursuant to a license issued
by any governmental body | ||||||
15 | or any public gathering at which an admission
is charged, | ||||||
16 | excluding a place where a showing, demonstration or lecture
| ||||||
17 | involving the exhibition of unloaded firearms is | ||||||
18 | conducted.
| ||||||
19 | This subsection (a)(8) does not apply to any auction or | ||||||
20 | raffle of a firearm
held pursuant to
a license or permit | ||||||
21 | issued by a governmental body, nor does it apply to persons
| ||||||
22 | engaged
in firearm safety training courses; or
| ||||||
23 | (9) Carries or possesses in a vehicle or on or about | ||||||
24 | his person any
pistol, revolver, stun gun or taser or | ||||||
25 | firearm or ballistic knife, when
he is hooded, robed or | ||||||
26 | masked in such manner as to conceal his identity; or
|
| |||||||
| |||||||
1 | (10) Carries or possesses on or about his person, upon | ||||||
2 | any public street,
alley, or other public lands within the | ||||||
3 | corporate limits of a city, village
or incorporated town, | ||||||
4 | except when an invitee thereon or therein, for the
purpose | ||||||
5 | of the display of such weapon or the lawful commerce in | ||||||
6 | weapons, or
except when on his land or in his own abode, | ||||||
7 | legal dwelling, or fixed place of business, or on the land | ||||||
8 | or in the legal dwelling of another person as an invitee | ||||||
9 | with that person's permission, any
pistol, revolver, stun | ||||||
10 | gun or taser or other firearm, except that this
subsection | ||||||
11 | (a) (10) does not apply to or affect transportation of | ||||||
12 | weapons that
meet one of the following conditions:
| ||||||
13 | (i) are broken down in a non-functioning state; or
| ||||||
14 | (ii) are not immediately accessible; or
| ||||||
15 | (iii) are unloaded and enclosed in a case, firearm | ||||||
16 | carrying box,
shipping box, or other container by a | ||||||
17 | person who has been issued a currently
valid Firearm | ||||||
18 | Owner's
Identification Card; or
| ||||||
19 | (iv) are carried or possessed in accordance with | ||||||
20 | the Firearm Concealed Carry Act by a person who has | ||||||
21 | been issued a currently valid license under the Firearm | ||||||
22 | Concealed Carry Act. | ||||||
23 | A "stun gun or taser", as used in this paragraph (a) | ||||||
24 | means (i) any device
which is powered by electrical | ||||||
25 | charging units, such as, batteries, and
which fires one or | ||||||
26 | several barbs attached to a length of wire and
which, upon |
| |||||||
| |||||||
1 | hitting a human, can send out a current capable of | ||||||
2 | disrupting
the person's nervous system in such a manner as | ||||||
3 | to render him incapable of
normal functioning or (ii) any | ||||||
4 | device which is powered by electrical
charging units, such | ||||||
5 | as batteries, and which, upon contact with a human or
| ||||||
6 | clothing worn by a human, can send out current capable of | ||||||
7 | disrupting
the person's nervous system in such a manner as | ||||||
8 | to render him incapable
of normal functioning; or
| ||||||
9 | (11) Sells, manufactures or purchases any explosive | ||||||
10 | bullet. For purposes
of this paragraph (a) "explosive | ||||||
11 | bullet" means the projectile portion of
an ammunition | ||||||
12 | cartridge which contains or carries an explosive charge | ||||||
13 | which
will explode upon contact with the flesh of a human | ||||||
14 | or an animal.
"Cartridge" means a tubular metal case having | ||||||
15 | a projectile affixed at the
front thereof and a cap or | ||||||
16 | primer at the rear end thereof, with the
propellant | ||||||
17 | contained in such tube between the projectile and the cap; | ||||||
18 | or
| ||||||
19 | (12) (Blank); or
| ||||||
20 | (13) Carries or possesses on or about his or her person | ||||||
21 | while in a building occupied by a unit of government, a | ||||||
22 | billy club, other weapon of like character, or other | ||||||
23 | instrument of like character intended for use as a weapon. | ||||||
24 | For the purposes of this Section, "billy club" means a | ||||||
25 | short stick or club commonly carried by police officers | ||||||
26 | which is either telescopic or constructed of a solid piece |
| |||||||
| |||||||
1 | of wood or other man-made material. | ||||||
2 | (b) Sentence. A person convicted of a violation of | ||||||
3 | subsection 24-1(a)(1)
through (5), subsection 24-1(a)(10),
| ||||||
4 | subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a | ||||||
5 | Class A
misdemeanor.
A person convicted of a violation of | ||||||
6 | subsection
24-1(a)(8) or 24-1(a)(9) commits a
Class 4 felony; a | ||||||
7 | person
convicted of a violation of subsection 24-1(a)(6)or | ||||||
8 | 24-1(a)(7)(ii) or (iii)
commits a Class 3 felony. A person | ||||||
9 | convicted of a violation of subsection
24-1(a)(7)(i) commits a | ||||||
10 | Class 2 felony and shall be sentenced to a term of imprisonment | ||||||
11 | of not less than 3 years and not more than 7 years, unless the | ||||||
12 | weapon is possessed in the
passenger compartment of a motor | ||||||
13 | vehicle as defined in Section 1-146 of the
Illinois Vehicle | ||||||
14 | Code, or on the person, while the weapon is loaded, in which
| ||||||
15 | case it shall be a Class X felony. A person convicted of a
| ||||||
16 | second or subsequent violation of subsection 24-1(a)(4), | ||||||
17 | 24-1(a)(8),
24-1(a)(9), or
24-1(a)(10) commits a Class 3 | ||||||
18 | felony. The possession of each weapon in violation of this | ||||||
19 | Section constitutes a single and separate violation.
| ||||||
20 | (c) Violations in specific places.
| ||||||
21 | (1) A person who violates subsection 24-1(a)(6)or | ||||||
22 | 24-1(a)(7) in any
school, regardless of the time of day or | ||||||
23 | the time of year, in residential
property owned, operated | ||||||
24 | or managed by a public housing agency or
leased by
a public | ||||||
25 | housing agency as part of a scattered site or mixed-income
| ||||||
26 | development, in a
public park, in a courthouse, on the real |
| |||||||
| |||||||
1 | property comprising any school,
regardless of the
time of | ||||||
2 | day or the time of year, on residential property owned, | ||||||
3 | operated
or
managed by a public housing agency
or leased by | ||||||
4 | a public housing agency as part of a scattered site or
| ||||||
5 | mixed-income development,
on the real property comprising | ||||||
6 | any
public park, on the real property comprising any | ||||||
7 | courthouse, in any conveyance
owned, leased or contracted | ||||||
8 | by a school to
transport students to or from school or a | ||||||
9 | school related activity, in any conveyance
owned, leased, | ||||||
10 | or contracted by a public transportation agency, or on any
| ||||||
11 | public way within 1,000 feet of the real property | ||||||
12 | comprising any school,
public park, courthouse, public | ||||||
13 | transportation facility, or residential property owned, | ||||||
14 | operated, or managed
by a public housing agency
or leased | ||||||
15 | by a public housing agency as part of a scattered site or
| ||||||
16 | mixed-income development
commits a Class 2 felony and shall | ||||||
17 | be sentenced to a term of imprisonment of not less than 3 | ||||||
18 | years and not more than 7 years.
| ||||||
19 | (1.5) A person who violates subsection 24-1(a)(4), | ||||||
20 | 24-1(a)(9), or
24-1(a)(10) in any school, regardless of the | ||||||
21 | time of day or the time of year,
in residential property | ||||||
22 | owned, operated, or managed by a public
housing
agency
or | ||||||
23 | leased by a public housing agency as part of a scattered | ||||||
24 | site or
mixed-income development,
in
a public
park, in a | ||||||
25 | courthouse, on the real property comprising any school, | ||||||
26 | regardless
of the time of day or the time of year, on |
| |||||||
| |||||||
1 | residential property owned,
operated, or managed by a | ||||||
2 | public housing agency
or leased by a public housing agency | ||||||
3 | as part of a scattered site or
mixed-income development,
on | ||||||
4 | the real property
comprising any public park, on the real | ||||||
5 | property comprising any courthouse, in
any conveyance | ||||||
6 | owned, leased, or contracted by a school to transport | ||||||
7 | students
to or from school or a school related activity, in | ||||||
8 | any conveyance
owned, leased, or contracted by a public | ||||||
9 | transportation agency, or on any public way within
1,000 | ||||||
10 | feet of the real property comprising any school, public | ||||||
11 | park, courthouse,
public transportation facility, or | ||||||
12 | residential property owned, operated, or managed by a | ||||||
13 | public
housing agency
or leased by a public housing agency | ||||||
14 | as part of a scattered site or
mixed-income development
| ||||||
15 | commits a Class 3 felony.
| ||||||
16 | (2) A person who violates subsection 24-1(a)(1), | ||||||
17 | 24-1(a)(2), or
24-1(a)(3)
in any school, regardless of the | ||||||
18 | time of day or the time of year, in
residential property | ||||||
19 | owned, operated or managed by a public housing
agency
or | ||||||
20 | leased by a public housing agency as part of a scattered | ||||||
21 | site or
mixed-income development,
in
a public park, in a | ||||||
22 | courthouse, on the real property comprising any school,
| ||||||
23 | regardless of the time of day or the time of year, on | ||||||
24 | residential property
owned, operated or managed by a public | ||||||
25 | housing agency
or leased by a public housing agency as part | ||||||
26 | of a scattered site or
mixed-income development,
on the |
| |||||||
| |||||||
1 | real property
comprising any public park, on the real | ||||||
2 | property comprising any courthouse, in
any conveyance | ||||||
3 | owned, leased or contracted by a school to transport | ||||||
4 | students
to or from school or a school related activity, in | ||||||
5 | any conveyance
owned, leased, or contracted by a public | ||||||
6 | transportation agency, or on any public way within
1,000 | ||||||
7 | feet of the real property comprising any school, public | ||||||
8 | park, courthouse,
public transportation facility, or | ||||||
9 | residential property owned, operated, or managed by a | ||||||
10 | public
housing agency or leased by a public housing agency | ||||||
11 | as part of a scattered
site or mixed-income development | ||||||
12 | commits a Class 4 felony. "Courthouse"
means any building | ||||||
13 | that is used by the Circuit, Appellate, or Supreme Court of
| ||||||
14 | this State for the conduct of official business.
| ||||||
15 | (3) Paragraphs (1), (1.5), and (2) of this subsection | ||||||
16 | (c) shall not
apply to law
enforcement officers or security | ||||||
17 | officers of such school, college, or
university or to | ||||||
18 | students carrying or possessing firearms for use in | ||||||
19 | training
courses, parades, hunting, target shooting on | ||||||
20 | school ranges, or otherwise with
the consent of school | ||||||
21 | authorities and which firearms are transported unloaded
| ||||||
22 | enclosed in a suitable case, box, or transportation | ||||||
23 | package.
| ||||||
24 | (4) For the purposes of this subsection (c), "school" | ||||||
25 | means any public or
private elementary or secondary school, | ||||||
26 | community college, college, or
university.
|
| |||||||
| |||||||
1 | (5) For the purposes of this subsection (c), "public | ||||||
2 | transportation agency" means a public or private agency | ||||||
3 | that provides for the transportation or conveyance of
| ||||||
4 | persons by means available to the general public, except | ||||||
5 | for transportation
by automobiles not used for conveyance | ||||||
6 | of the general public as passengers; and "public | ||||||
7 | transportation facility" means a terminal or other place
| ||||||
8 | where one may obtain public transportation.
| ||||||
9 | (d) The presence in an automobile other than a public | ||||||
10 | omnibus of any
weapon, instrument or substance referred to in | ||||||
11 | subsection (a)(7) is
prima facie evidence that it is in the | ||||||
12 | possession of, and is being
carried by, all persons occupying | ||||||
13 | such automobile at the time such
weapon, instrument or | ||||||
14 | substance is found, except under the following
circumstances: | ||||||
15 | (i) if such weapon, instrument or instrumentality is
found upon | ||||||
16 | the person of one of the occupants therein; or (ii) if such
| ||||||
17 | weapon, instrument or substance is found in an automobile | ||||||
18 | operated for
hire by a duly licensed driver in the due, lawful | ||||||
19 | and proper pursuit of
his trade, then such presumption shall | ||||||
20 | not apply to the driver.
| ||||||
21 | (e) Exemptions. Crossbows, Common or Compound bows and | ||||||
22 | Underwater
Spearguns are exempted from the definition of | ||||||
23 | ballistic knife as defined in
paragraph (1) of subsection (a) | ||||||
24 | of this Section.
| ||||||
25 | (Source: P.A. 99-29, eff. 7-10-15.)
|
| |||||||
| |||||||
1 | (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
| ||||||
2 | Sec. 24-3. Unlawful sale or delivery of firearms.
| ||||||
3 | (A) A person commits the offense of unlawful sale or | ||||||
4 | delivery of firearms when he
or she knowingly does any of the | ||||||
5 | following:
| ||||||
6 | (a) Sells or gives any firearm of a size which may be | ||||||
7 | concealed upon the
person to any person under 18 years of | ||||||
8 | age.
| ||||||
9 | (b) Sells or gives any firearm to a person under 21 | ||||||
10 | years of age who has
been convicted of a misdemeanor other | ||||||
11 | than a traffic offense or adjudged
delinquent.
| ||||||
12 | (c) Sells or gives any firearm to any narcotic addict.
| ||||||
13 | (d) Sells or gives any firearm to any person who has | ||||||
14 | been convicted of a
felony under the laws of this or any | ||||||
15 | other jurisdiction.
| ||||||
16 | (e) Sells or gives any firearm to any person who has | ||||||
17 | been a patient in a
mental institution within the past 5 | ||||||
18 | years. In this subsection (e): | ||||||
19 | "Mental institution" means any hospital, | ||||||
20 | institution, clinic, evaluation facility, mental | ||||||
21 | health center, or part thereof, which is used primarily | ||||||
22 | for the care or treatment of persons with mental | ||||||
23 | illness. | ||||||
24 | "Patient in a mental institution" means the person | ||||||
25 | was admitted, either voluntarily or involuntarily, to | ||||||
26 | a mental institution for mental health treatment, |
| |||||||
| |||||||
1 | unless the treatment was voluntary and solely for an | ||||||
2 | alcohol abuse disorder and no other secondary | ||||||
3 | substance abuse disorder or mental illness.
| ||||||
4 | (f) Sells or gives any firearms to any person who is a | ||||||
5 | person with an intellectual disability.
| ||||||
6 | (g) Delivers any firearm of a size which may be | ||||||
7 | concealed upon the
person, incidental to a sale, without | ||||||
8 | withholding delivery of such firearm
for at least 72 hours | ||||||
9 | after application for its purchase has been made, or
| ||||||
10 | delivers any rifle, shotgun or other long gun, or a stun | ||||||
11 | gun or taser, incidental to a sale,
without withholding | ||||||
12 | delivery of such rifle, shotgun or other long gun, or a | ||||||
13 | stun gun or taser for
at least 24 hours after application | ||||||
14 | for its purchase has been made.
However,
this paragraph (g) | ||||||
15 | does not apply to: (1) the sale of a firearm
to a law | ||||||
16 | enforcement officer if the seller of the firearm knows that | ||||||
17 | the person to whom he or she is selling the firearm is a | ||||||
18 | law enforcement officer or the sale of a firearm to a | ||||||
19 | person who desires to purchase a firearm for
use in | ||||||
20 | promoting the public interest incident to his or her | ||||||
21 | employment as a
bank guard, armed truck guard, or other | ||||||
22 | similar employment; (2) a mail
order sale of a firearm from | ||||||
23 | a federally licensed firearms dealer to a nonresident of | ||||||
24 | Illinois under which the firearm
is mailed to a federally | ||||||
25 | licensed firearms dealer outside the boundaries of | ||||||
26 | Illinois; (3) the sale
of a firearm to a nonresident of |
| |||||||
| |||||||
1 | Illinois while at a firearm showing or display
recognized | ||||||
2 | by the Illinois Department of State Police; (4) the sale of | ||||||
3 | a
firearm to a dealer licensed as a federal firearms dealer | ||||||
4 | under Section 923
of the federal Gun Control Act of 1968 | ||||||
5 | (18 U.S.C. 923); or (5) the transfer or sale of any rifle, | ||||||
6 | shotgun, or other long gun to a resident registered | ||||||
7 | competitor or attendee or non-resident registered | ||||||
8 | competitor or attendee by any dealer licensed as a federal | ||||||
9 | firearms dealer under Section 923 of the federal Gun | ||||||
10 | Control Act of 1968 at competitive shooting events held at | ||||||
11 | the World Shooting Complex sanctioned by a national | ||||||
12 | governing body. For purposes of transfers or sales under | ||||||
13 | subparagraph (5) of this paragraph (g), the Department of | ||||||
14 | Natural Resources shall give notice to the Department of | ||||||
15 | State Police at least 30 calendar days prior to any | ||||||
16 | competitive shooting events at the World Shooting Complex | ||||||
17 | sanctioned by a national governing body. The notification | ||||||
18 | shall be made on a form prescribed by the Department of | ||||||
19 | State Police. The sanctioning body shall provide a list of | ||||||
20 | all registered competitors and attendees at least 24 hours | ||||||
21 | before the events to the Department of State Police. Any | ||||||
22 | changes to the list of registered competitors and attendees | ||||||
23 | shall be forwarded to the Department of State Police as | ||||||
24 | soon as practicable. The Department of State Police must | ||||||
25 | destroy the list of registered competitors and attendees no | ||||||
26 | later than 30 days after the date of the event. Nothing in |
| |||||||
| |||||||
1 | this paragraph (g) relieves a federally licensed firearm | ||||||
2 | dealer from the requirements of conducting a NICS | ||||||
3 | background check through the Illinois Point of Contact | ||||||
4 | under 18 U.S.C. 922(t). For purposes of this paragraph (g), | ||||||
5 | "application" means when the buyer and seller reach an | ||||||
6 | agreement to purchase a firearm.
For purposes of this | ||||||
7 | paragraph (g), "national governing body" means a group of | ||||||
8 | persons who adopt rules and formulate policy on behalf of a | ||||||
9 | national firearm sporting organization.
| ||||||
10 | (h) While holding any license
as a dealer,
importer, | ||||||
11 | manufacturer or pawnbroker
under the federal Gun Control | ||||||
12 | Act of 1968,
manufactures, sells or delivers to any | ||||||
13 | unlicensed person a handgun having
a barrel, slide, frame | ||||||
14 | or receiver which is a die casting of zinc alloy or
any | ||||||
15 | other nonhomogeneous metal which will melt or deform at a | ||||||
16 | temperature
of less than 800 degrees Fahrenheit. For | ||||||
17 | purposes of this paragraph, (1)
"firearm" is defined as in | ||||||
18 | the Firearm Owners Identification Card Act; and (2)
| ||||||
19 | "handgun" is defined as a firearm designed to be held
and | ||||||
20 | fired by the use of a single hand, and includes a | ||||||
21 | combination of parts from
which such a firearm can be | ||||||
22 | assembled.
| ||||||
23 | (i) Sells or gives a firearm of any size to any person | ||||||
24 | under 18 years of
age who does not possess a valid Firearm | ||||||
25 | Owner's Identification Card.
| ||||||
26 | (j) Sells or gives a firearm while engaged in the |
| |||||||
| |||||||
1 | business of selling
firearms at wholesale or retail without | ||||||
2 | being licensed as a federal firearms
dealer under Section | ||||||
3 | 923 of the federal Gun Control Act of 1968 (18 U.S.C.
923). | ||||||
4 | In this paragraph (j):
| ||||||
5 | A person "engaged in the business" means a person who | ||||||
6 | devotes time,
attention, and
labor to
engaging in the | ||||||
7 | activity as a regular course of trade or business with the
| ||||||
8 | principal objective of livelihood and profit, but does not | ||||||
9 | include a person who
makes occasional repairs of firearms | ||||||
10 | or who occasionally fits special barrels,
stocks, or | ||||||
11 | trigger mechanisms to firearms.
| ||||||
12 | "With the principal objective of livelihood and | ||||||
13 | profit" means that the
intent
underlying the sale or | ||||||
14 | disposition of firearms is predominantly one of
obtaining | ||||||
15 | livelihood and pecuniary gain, as opposed to other intents, | ||||||
16 | such as
improving or liquidating a personal firearms | ||||||
17 | collection; however, proof of
profit shall not be required | ||||||
18 | as to a person who engages in the regular and
repetitive | ||||||
19 | purchase and disposition of firearms for criminal purposes | ||||||
20 | or
terrorism.
| ||||||
21 | (k) Sells or transfers ownership of a firearm to a | ||||||
22 | person who does not display to the seller or transferor of | ||||||
23 | the firearm either: (1) a currently valid Firearm Owner's | ||||||
24 | Identification Card that has previously been issued in the | ||||||
25 | transferee's name by the Department of State Police under | ||||||
26 | the provisions of the Firearm Owners Identification Card |
| |||||||
| |||||||
1 | Act; or (2) a currently valid license to carry a concealed | ||||||
2 | firearm that has previously been issued in the transferee's | ||||||
3 | name by the
Department of State Police under the Firearm | ||||||
4 | Concealed Carry Act. This paragraph (k) does not apply to | ||||||
5 | the transfer of a firearm to a person who is exempt from | ||||||
6 | the requirement of possessing a Firearm Owner's | ||||||
7 | Identification Card under Section 2 of the Firearm Owners | ||||||
8 | Identification Card Act. For the purposes of this Section, | ||||||
9 | a currently valid Firearm Owner's Identification Card | ||||||
10 | means (i) a Firearm Owner's Identification Card that has | ||||||
11 | not expired or (ii) an approval number issued in accordance | ||||||
12 | with subsection (a-10) of subsection 3 or Section 3.1 of | ||||||
13 | the Firearm Owners Identification Card Act shall be proof | ||||||
14 | that the Firearm Owner's Identification Card was valid. | ||||||
15 | (1) In addition to the other requirements of this | ||||||
16 | paragraph (k), all persons who are not federally | ||||||
17 | licensed firearms dealers must also have complied with | ||||||
18 | subsection (a-10) of Section 3 of the Firearm Owners | ||||||
19 | Identification Card Act by determining the validity of | ||||||
20 | a purchaser's Firearm Owner's Identification Card. | ||||||
21 | (2) All sellers or transferors who have complied | ||||||
22 | with the requirements of subparagraph (1) of this | ||||||
23 | paragraph (k) shall not be liable for damages in any | ||||||
24 | civil action arising from the use or misuse by the | ||||||
25 | transferee of the firearm transferred, except for | ||||||
26 | willful or wanton misconduct on the part of the seller |
| |||||||
| |||||||
1 | or transferor. | ||||||
2 | (l) Not
being entitled to the possession of a firearm, | ||||||
3 | delivers the
firearm, knowing it to have been stolen or | ||||||
4 | converted. It may be inferred that
a person who possesses a | ||||||
5 | firearm with knowledge that its serial number has
been | ||||||
6 | removed or altered has knowledge that the firearm is stolen | ||||||
7 | or converted. | ||||||
8 | (m) Transfers or gives a suppressor or silencer to a person | ||||||
9 | not authorized to possess the suppressor or silencer under | ||||||
10 | federal law. | ||||||
11 | (B) Paragraph (h) of subsection (A) does not include | ||||||
12 | firearms sold within 6
months after enactment of Public
Act | ||||||
13 | 78-355 (approved August 21, 1973, effective October 1, 1973), | ||||||
14 | nor is any
firearm legally owned or
possessed by any citizen or | ||||||
15 | purchased by any citizen within 6 months after the
enactment of | ||||||
16 | Public Act 78-355 subject
to confiscation or seizure under the | ||||||
17 | provisions of that Public Act. Nothing in
Public Act 78-355 | ||||||
18 | shall be construed to prohibit the gift or trade of
any firearm | ||||||
19 | if that firearm was legally held or acquired within 6 months | ||||||
20 | after
the enactment of that Public Act.
| ||||||
21 | (C) Sentence.
| ||||||
22 | (1) Any person convicted of unlawful sale or delivery | ||||||
23 | of firearms in violation of
paragraph (c), (e), (f), (g), | ||||||
24 | or (h) of subsection (A) commits a Class
4
felony.
| ||||||
25 | (2) Any person convicted of unlawful sale or delivery | ||||||
26 | of firearms in violation of
paragraph (b) or (i) , or (m) of |
| |||||||
| |||||||
1 | subsection (A) commits a Class 3 felony.
| ||||||
2 | (3) Any person convicted of unlawful sale or delivery | ||||||
3 | of firearms in violation of
paragraph (a) of subsection (A) | ||||||
4 | commits a Class 2 felony.
| ||||||
5 | (4) Any person convicted of unlawful sale or delivery | ||||||
6 | of firearms in violation of
paragraph (a), (b), or (i) of | ||||||
7 | subsection (A) in any school, on the real
property | ||||||
8 | comprising a school, within 1,000 feet of the real property | ||||||
9 | comprising
a school, at a school related activity, or on or | ||||||
10 | within 1,000 feet of any
conveyance owned, leased, or | ||||||
11 | contracted by a school or school district to
transport | ||||||
12 | students to or from school or a school related activity,
| ||||||
13 | regardless of the time of day or time of year at which the | ||||||
14 | offense
was committed, commits a Class 1 felony. Any person | ||||||
15 | convicted of a second
or subsequent violation of unlawful | ||||||
16 | sale or delivery of firearms in violation of paragraph
(a), | ||||||
17 | (b), or (i) of subsection (A) in any school, on the real | ||||||
18 | property
comprising a school, within 1,000 feet of the real | ||||||
19 | property comprising a
school, at a school related activity, | ||||||
20 | or on or within 1,000 feet of any
conveyance owned, leased, | ||||||
21 | or contracted by a school or school district to
transport | ||||||
22 | students to or from school or a school related activity,
| ||||||
23 | regardless of the time of day or time of year at which the | ||||||
24 | offense
was committed, commits a Class 1 felony for which | ||||||
25 | the sentence shall be a
term of imprisonment of no less | ||||||
26 | than 5 years and no more than 15 years.
|
| |||||||
| |||||||
1 | (5) Any person convicted of unlawful sale or delivery | ||||||
2 | of firearms in violation of
paragraph (a) or (i) of | ||||||
3 | subsection (A) in residential property owned,
operated, or | ||||||
4 | managed by a public housing agency or leased by a public | ||||||
5 | housing
agency as part of a scattered site or mixed-income | ||||||
6 | development, in a public
park, in a
courthouse, on | ||||||
7 | residential property owned, operated, or managed by a | ||||||
8 | public
housing agency or leased by a public housing agency | ||||||
9 | as part of a scattered site
or mixed-income development, on | ||||||
10 | the real property comprising any public park,
on the real
| ||||||
11 | property comprising any courthouse, or on any public way | ||||||
12 | within 1,000 feet
of the real property comprising any | ||||||
13 | public park, courthouse, or residential
property owned, | ||||||
14 | operated, or managed by a public housing agency or leased | ||||||
15 | by a
public housing agency as part of a scattered site or | ||||||
16 | mixed-income development
commits a
Class 2 felony.
| ||||||
17 | (6) Any person convicted of unlawful sale or delivery | ||||||
18 | of firearms in violation of
paragraph (j) of subsection (A) | ||||||
19 | commits a Class A misdemeanor. A second or
subsequent | ||||||
20 | violation is a Class 4 felony. | ||||||
21 | (7) Any person convicted of unlawful sale or delivery | ||||||
22 | of firearms in violation of paragraph (k) of subsection (A) | ||||||
23 | commits a Class 4 felony, except that a violation of | ||||||
24 | subparagraph (1) of paragraph (k) of subsection (A) shall | ||||||
25 | not be punishable as a crime or petty offense. A third or | ||||||
26 | subsequent conviction for a violation of paragraph (k) of |
| |||||||
| |||||||
1 | subsection (A) is a Class 1 felony.
| ||||||
2 | (8) A person 18 years of age or older convicted of | ||||||
3 | unlawful sale or delivery of firearms in violation of | ||||||
4 | paragraph (a) or (i) of subsection (A), when the firearm | ||||||
5 | that was sold or given to another person under 18 years of | ||||||
6 | age was used in the commission of or attempt to commit a | ||||||
7 | forcible felony, shall be fined or imprisoned, or both, not | ||||||
8 | to exceed the maximum provided for the most serious | ||||||
9 | forcible felony so committed or attempted by the person | ||||||
10 | under 18 years of age who was sold or given the firearm. | ||||||
11 | (9) Any person convicted of unlawful sale or delivery | ||||||
12 | of firearms in violation of
paragraph (d) of subsection (A) | ||||||
13 | commits a Class 3 felony. | ||||||
14 | (10) Any person convicted of unlawful sale or delivery | ||||||
15 | of firearms in violation of paragraph (l) of subsection (A) | ||||||
16 | commits a Class 2 felony if the delivery is of one firearm. | ||||||
17 | Any person convicted of unlawful sale or delivery of | ||||||
18 | firearms in violation of paragraph (l) of subsection (A) | ||||||
19 | commits a Class 1 felony if the delivery is of not less | ||||||
20 | than 2 and not more than 5 firearms at the
same time or | ||||||
21 | within a one year period. Any person convicted of unlawful | ||||||
22 | sale or delivery of firearms in violation of paragraph (l) | ||||||
23 | of subsection (A) commits a Class X felony for which he or | ||||||
24 | she shall be sentenced
to a term of imprisonment of not | ||||||
25 | less than 6 years and not more than 30
years if the | ||||||
26 | delivery is of not less than 6 and not more than 10 |
| |||||||
| |||||||
1 | firearms at the
same time or within a 2 year period. Any | ||||||
2 | person convicted of unlawful sale or delivery of firearms | ||||||
3 | in violation of paragraph (l) of subsection (A) commits a | ||||||
4 | Class X felony for which he or she shall be sentenced
to a | ||||||
5 | term of imprisonment of not less than 6 years and not more | ||||||
6 | than 40
years if the delivery is of not less than 11 and | ||||||
7 | not more than 20 firearms at the
same time or within a 3 | ||||||
8 | year period. Any person convicted of unlawful sale or | ||||||
9 | delivery of firearms in violation of paragraph (l) of | ||||||
10 | subsection (A) commits a Class X felony for which he or she | ||||||
11 | shall be sentenced
to a term of imprisonment of not less | ||||||
12 | than 6 years and not more than 50
years if the delivery is | ||||||
13 | of not less than 21 and not more than 30 firearms at the
| ||||||
14 | same time or within a 4 year period. Any person convicted | ||||||
15 | of unlawful sale or delivery of firearms in violation of | ||||||
16 | paragraph (l) of subsection (A) commits a Class X felony | ||||||
17 | for which he or she shall be sentenced
to a term of | ||||||
18 | imprisonment of not less than 6 years and not more than 60
| ||||||
19 | years if the delivery is of 31 or more firearms at the
same | ||||||
20 | time or within a 5 year period. | ||||||
21 | (D) For purposes of this Section:
| ||||||
22 | "School" means a public or private elementary or secondary | ||||||
23 | school,
community college, college, or university.
| ||||||
24 | "School related activity" means any sporting, social, | ||||||
25 | academic, or
other activity for which students' attendance or | ||||||
26 | participation is sponsored,
organized, or funded in whole or in |
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
1 | part by a school or school district.
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | (E) A prosecution for a violation of paragraph (k) of | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | subsection (A) of this Section may be commenced within 6 years | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
4 | after the commission of the offense. A prosecution for a | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | violation of this Section other than paragraph (g) of | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
6 | subsection (A) of this Section may be commenced within 5 years | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
7 | after the commission of the offense defined in the particular | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
8 | paragraph.
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
9 | (Source: P.A. 98-508, eff. 8-19-13; 99-29, eff. 7-10-15; | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
10 | 99-143, eff. 7-27-15; 99-642, eff. 7-28-16.)
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
11 | Section 99. Effective date. This Act takes effect upon | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
12 | becoming law. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||