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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Criminal Code of 2012 is amended by changing | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | Sections 24-1, 24-1.1, 24-1.2, 24-1.2-5, 24-1.5, 24-1.6, | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
6 | 24-1.8, 24-3, 24-3.1, 24-3.3, 24-3.5, 24-3.7, 24-3.8, 24-3.9, | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
7 | 24-3A, 24-3B, 24-4.1, 24-5, and 24-9 as follows:
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8 | (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
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9 | Sec. 24-1. Unlawful use of weapons.
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10 | (a) A person commits the offense of unlawful use of weapons | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
11 | when
he knowingly:
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
12 | (1) Sells, manufactures, purchases, possesses or | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
13 | carries any bludgeon,
black-jack, slung-shot, sand-club, | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
14 | sand-bag, metal knuckles or other knuckle weapon | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
15 | regardless of its composition, throwing star,
or any knife, | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
16 | commonly referred to as a switchblade knife, which has a
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
17 | blade that opens automatically by hand pressure applied to | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
18 | a button,
spring or other device in the handle of the | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
19 | knife, or a ballistic knife,
which is a device that propels | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
20 | a knifelike blade as a projectile by means
of a coil | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
21 | spring, elastic material or compressed gas; or
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
22 | (2) Carries or possesses with intent to use the same | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
23 | unlawfully
against another, a dagger, dirk, billy, |
| |||||||
| |||||||
1 | dangerous knife, razor,
stiletto, broken bottle or other | ||||||
2 | piece of glass, stun gun or taser or
any other dangerous or | ||||||
3 | deadly weapon or instrument of like character; or
| ||||||
4 | (2.5) Carries or possesses with intent to use the same | ||||||
5 | unlawfully against another, any firearm in a church, | ||||||
6 | synagogue, mosque, or other building, structure, or place | ||||||
7 | used for religious worship; or | ||||||
8 | (3) Carries on or about his person or in any vehicle, a | ||||||
9 | tear gas gun
projector or bomb or any object containing | ||||||
10 | noxious liquid gas or
substance, other than an object | ||||||
11 | containing a non-lethal noxious liquid gas
or substance | ||||||
12 | designed solely for personal defense carried by a person 18
| ||||||
13 | years of age or older; or
| ||||||
14 | (4) Carries or possesses in any vehicle or concealed on | ||||||
15 | or about his
person except when on his land or in his own | ||||||
16 | abode, legal dwelling, or fixed place of
business, or on | ||||||
17 | the land or in the legal dwelling of another person as an | ||||||
18 | invitee with that person's permission, any pistol, | ||||||
19 | revolver, stun gun or taser or other firearm, except
that
| ||||||
20 | this subsection (a) (4) does not apply to or affect | ||||||
21 | transportation of weapons
that meet one of the following | ||||||
22 | conditions:
| ||||||
23 | (i) are broken down in a non-functioning state; or
| ||||||
24 | (ii) are not immediately accessible; or
| ||||||
25 | (iii) are unloaded and enclosed in a case, firearm | ||||||
26 | carrying box,
shipping box, or other container by a |
| |||||||
| |||||||
1 | person who has been issued a currently
valid Firearm | ||||||
2 | Owner's
Identification Card; or | ||||||
3 | (iv) are carried or possessed in accordance with | ||||||
4 | the Firearm Concealed Carry Act by a person who has | ||||||
5 | been issued a currently valid license under the Firearm | ||||||
6 | Concealed Carry Act; or
| ||||||
7 | (5) Sets a spring gun; or
| ||||||
8 | (6) Possesses any device or attachment of any kind | ||||||
9 | designed, used or
intended for use in silencing the report | ||||||
10 | of any 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 or her person any
pistol, revolver, stun gun or taser | ||||||
25 | or firearm or ballistic knife, when
he or she is hooded, | ||||||
26 | robed or masked in such manner as to conceal his or her |
| |||||||
| |||||||
1 | identity; or
| ||||||
2 | (10) Carries or possesses on or about his or her | ||||||
3 | person, upon any public street,
alley, or other public | ||||||
4 | lands within the corporate limits of a city, village,
or | ||||||
5 | incorporated town, except when an invitee thereon or | ||||||
6 | therein, for the
purpose of the display of such weapon or | ||||||
7 | the lawful commerce in weapons, or
except when on his land | ||||||
8 | or in his or her own abode, legal dwelling, or fixed place | ||||||
9 | of business, or on the land or in the legal dwelling of | ||||||
10 | another person as an invitee with that person's permission, | ||||||
11 | any
pistol, revolver, stun gun, or taser or other firearm, | ||||||
12 | except that this
subsection (a) (10) does not apply to or | ||||||
13 | affect transportation of weapons that
meet one of the | ||||||
14 | following conditions:
| ||||||
15 | (i) are broken down in a non-functioning state; or
| ||||||
16 | (ii) are not immediately accessible; or
| ||||||
17 | (iii) are unloaded and enclosed in a case, firearm | ||||||
18 | carrying box,
shipping box, or other container by a | ||||||
19 | person who has been issued a currently
valid Firearm | ||||||
20 | Owner's
Identification Card; or
| ||||||
21 | (iv) are carried or possessed in accordance with | ||||||
22 | the Firearm Concealed Carry Act by a person who has | ||||||
23 | been issued a currently valid license under the Firearm | ||||||
24 | Concealed Carry Act. | ||||||
25 | A "stun gun or taser", as used in this paragraph (a) | ||||||
26 | means (i) any device
which is powered by electrical |
| |||||||
| |||||||
1 | charging units, such as, batteries, and
which fires one or | ||||||
2 | several barbs attached to a length of wire and
which, upon | ||||||
3 | hitting a human, can send out a current capable of | ||||||
4 | disrupting
the person's nervous system in such a manner as | ||||||
5 | to render him incapable of
normal functioning or (ii) any | ||||||
6 | device which is powered by electrical
charging units, such | ||||||
7 | as batteries, and which, upon contact with a human or
| ||||||
8 | clothing worn by a human, can send out current capable of | ||||||
9 | disrupting
the person's nervous system in such a manner as | ||||||
10 | to render him incapable
of normal functioning; or
| ||||||
11 | (11) Sells, manufactures, or purchases any explosive | ||||||
12 | bullet. For purposes
of this paragraph (a) "explosive | ||||||
13 | bullet" means the projectile portion of
an ammunition | ||||||
14 | cartridge which contains or carries an explosive charge | ||||||
15 | which
will explode upon contact with the flesh of a human | ||||||
16 | or an animal.
"Cartridge" means a tubular metal case having | ||||||
17 | a projectile affixed at the
front thereof and a cap or | ||||||
18 | primer at the rear end thereof, with the
propellant | ||||||
19 | contained in such tube between the projectile and the cap; | ||||||
20 | or
| ||||||
21 | (12) (Blank); or
| ||||||
22 | (13) Carries or possesses on or about his or her person | ||||||
23 | while in a building occupied by a unit of government, a | ||||||
24 | billy club, other weapon of like character, or other | ||||||
25 | instrument of like character intended for use as a weapon. | ||||||
26 | For the purposes of this Section, "billy club" means a |
| |||||||
| |||||||
1 | short stick or club commonly carried by police officers | ||||||
2 | which is either telescopic or constructed of a solid piece | ||||||
3 | of wood or other man-made material. | ||||||
4 | (b) Sentence. A person convicted of a violation of | ||||||
5 | subsection 24-1(a)(1)
through 24-1(a)(3) and 24-1(a) (5), | ||||||
6 | subsection 24-1(a)(10),
subsection 24-1(a)(11), or subsection | ||||||
7 | 24-1(a)(13) commits a Class A
misdemeanor.
A person convicted | ||||||
8 | of a violation of subsection
24-1(a)(8) or 24-1(a)(9) commits a
| ||||||
9 | Class 4 felony; a person
convicted of a violation of subsection | ||||||
10 | 24-1(a)(6) or 24-1(a)(7) (ii) or (iii)
commits a Class 3 felony. | ||||||
11 | A person convicted of a violation of subsection 24-1(a)(8) | ||||||
12 | commits a Class 3 felony. A person convicted of a second or | ||||||
13 | subsequent violation of subsection 24-1(a)(8) commits a Class 2 | ||||||
14 | felony. A person convicted of a violation of subsection
| ||||||
15 | 24-1(a)(7)(i) commits a Class 1 2 felony and shall be sentenced | ||||||
16 | to a term of imprisonment of not less than 4 3 years and not | ||||||
17 | more than 15 7 years, unless the weapon is possessed in the
| ||||||
18 | passenger compartment of a motor vehicle as defined in Section | ||||||
19 | 1-146 of the
Illinois Vehicle Code, or on the person, while the | ||||||
20 | weapon is loaded, in which
case it shall be a Class X felony | ||||||
21 | and the person shall be sentenced to a term of imprisonment of | ||||||
22 | not less than 6 years and not more than 40 years . A person | ||||||
23 | convicted of a
second or subsequent violation of subsection | ||||||
24 | 24-1(a)(4), 24-1(a)(8),
24-1(a)(9), or
24-1(a)(10) commits a | ||||||
25 | Class 3 felony. A person convicted of a violation of subsection | ||||||
26 | 24-1(a)(4) commits a Class 4 felony. A person convicted of a |
| |||||||
| |||||||
1 | second or subsequent violation of subsection 24-1(a)(4) | ||||||
2 | commits a Class 2 felony. A person convicted of a violation of | ||||||
3 | subsection
24-1(a)(7)(ii) commits a Class 2 felony. A person | ||||||
4 | convicted of a violation of subsection 24-1(a)(2.5) commits a | ||||||
5 | Class 1 2 felony. The possession of each weapon in violation | ||||||
6 | of this Section constitutes a single and separate violation.
| ||||||
7 | (c) Violations in specific places.
| ||||||
8 | (1) A person who violates subsection 24-1(a)(6) or | ||||||
9 | 24-1(a)(7) (iii) in any
school, regardless of the time of | ||||||
10 | day or the time of year, in residential
property owned, | ||||||
11 | operated or managed by a public housing agency or
leased by
| ||||||
12 | a public housing agency as part of a scattered site or | ||||||
13 | mixed-income
development, in a
public park, in a | ||||||
14 | courthouse, on the real property comprising any school,
| ||||||
15 | regardless of the
time of day or the time of year, on | ||||||
16 | residential property owned, operated
or
managed by a public | ||||||
17 | housing agency
or leased by a public housing agency as part | ||||||
18 | of a scattered site or
mixed-income development,
on the | ||||||
19 | real property comprising any
public park, on the real | ||||||
20 | property comprising any courthouse, in any conveyance
| ||||||
21 | owned, leased or contracted by a school to
transport | ||||||
22 | students to or from school or a school related activity, in | ||||||
23 | any conveyance
owned, leased, or contracted by a public | ||||||
24 | transportation agency, or on any
public way within 1,000 | ||||||
25 | feet of the real property comprising any school,
public | ||||||
26 | park, courthouse, public transportation facility, or |
| |||||||
| |||||||
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
| ||||||
4 | commits a Class 2 felony and shall be sentenced to a term | ||||||
5 | of imprisonment of not less than 3 years and not more than | ||||||
6 | 7 years.
| ||||||
7 | (1.5) A person who violates subsection 24-1(a)(4) or , | ||||||
8 | 24-1(a)(9) , or
24-1(a)(10) in any school, regardless of the | ||||||
9 | time of day or the time of year,
in residential property | ||||||
10 | owned, operated, or managed by a public
housing
agency
or | ||||||
11 | leased by a public housing agency as part of a scattered | ||||||
12 | site or
mixed-income development,
in
a public
park, in a | ||||||
13 | courthouse, on the real property comprising any school, | ||||||
14 | regardless
of the time of day or the time of year, on | ||||||
15 | residential property owned,
operated, or managed by a | ||||||
16 | public housing agency
or leased by a public housing agency | ||||||
17 | as part of a scattered site or
mixed-income development,
on | ||||||
18 | the real property
comprising any public park, on the real | ||||||
19 | property comprising any courthouse, in
any conveyance | ||||||
20 | owned, leased, or contracted by a school to transport | ||||||
21 | students
to or from school or a school related activity, in | ||||||
22 | any conveyance
owned, leased, or contracted by a public | ||||||
23 | transportation agency, or on any public way within
1,000 | ||||||
24 | feet of the real property comprising any school, public | ||||||
25 | park, courthouse,
public transportation facility, or | ||||||
26 | residential property owned, operated, or managed by a |
| |||||||
| |||||||
1 | public
housing agency
or leased by a public housing agency | ||||||
2 | as part of a scattered site or
mixed-income development
| ||||||
3 | commits a Class 3 felony.
| ||||||
4 | (1.6) A person who violates subsection 24-1(a)(10) in | ||||||
5 | any school, regardless of the time of day or the time of | ||||||
6 | year,
in residential property owned, operated, or managed | ||||||
7 | by a public
housing
agency
or leased by a public housing | ||||||
8 | agency as part of a scattered site or
mixed-income | ||||||
9 | development,
in
a public
park, in a courthouse, on the real | ||||||
10 | property comprising any school, regardless
of the time of | ||||||
11 | day or the time of year, on residential property owned,
| ||||||
12 | operated, or managed by a public housing agency
or leased | ||||||
13 | by a public housing agency as part of a scattered site or
| ||||||
14 | mixed-income development,
on the real property
comprising | ||||||
15 | any public park, on the real property comprising any | ||||||
16 | courthouse, in
any conveyance owned, leased, or contracted | ||||||
17 | by a school to transport students
to or from school or a | ||||||
18 | school related activity, in any conveyance
owned, leased, | ||||||
19 | or contracted by a public transportation agency, or on any | ||||||
20 | public way within
1,000 feet of the real property | ||||||
21 | comprising any school, public park, courthouse,
public | ||||||
22 | transportation facility, or residential property owned, | ||||||
23 | operated, or managed by a public
housing agency
or leased | ||||||
24 | by a public housing agency as part of a scattered site or
| ||||||
25 | mixed-income development
commits a Class 2 felony. | ||||||
26 | (2) A person who violates subsection 24-1(a)(1), |
| |||||||
| |||||||
1 | 24-1(a)(2), or
24-1(a)(3)
in any school, regardless of the | ||||||
2 | time of day or the time of year, in
residential property | ||||||
3 | owned, operated or managed by a public housing
agency
or | ||||||
4 | leased by a public housing agency as part of a scattered | ||||||
5 | site or
mixed-income development,
in
a public park, in a | ||||||
6 | courthouse, on the real property comprising any school,
| ||||||
7 | regardless of the time of day or the time of year, on | ||||||
8 | residential property
owned, operated or managed by a public | ||||||
9 | housing agency
or leased by a public housing agency as part | ||||||
10 | of a scattered site or
mixed-income development,
on the | ||||||
11 | real property
comprising any public park, on the real | ||||||
12 | property comprising any courthouse, in
any conveyance | ||||||
13 | owned, leased or contracted by a school to transport | ||||||
14 | students
to or from school or a school related activity, in | ||||||
15 | any conveyance
owned, leased, or contracted by a public | ||||||
16 | transportation agency, or on any public way within
1,000 | ||||||
17 | feet of the real property comprising any school, public | ||||||
18 | park, courthouse,
public transportation facility, or | ||||||
19 | residential property owned, operated, or managed by a | ||||||
20 | public
housing agency or leased by a public housing agency | ||||||
21 | as part of a scattered
site or mixed-income development | ||||||
22 | commits a Class 4 felony. "Courthouse"
means any building | ||||||
23 | that is used by the Circuit, Appellate, or Supreme Court of
| ||||||
24 | this State for the conduct of official business.
| ||||||
25 | (3) Paragraphs (1), (1.5), and (2) of this subsection | ||||||
26 | (c) shall not
apply to law
enforcement officers or security |
| |||||||
| |||||||
1 | officers of such school, college, or
university or to | ||||||
2 | students carrying or possessing firearms for use in | ||||||
3 | training
courses, parades, hunting, target shooting on | ||||||
4 | school ranges, or otherwise with
the consent of school | ||||||
5 | authorities and which firearms are transported unloaded
| ||||||
6 | enclosed in a suitable case, box, or transportation | ||||||
7 | package.
| ||||||
8 | (4) For the purposes of this subsection (c), "school" | ||||||
9 | means any public or
private elementary or secondary school, | ||||||
10 | community college, college, or
university.
| ||||||
11 | (5) For the purposes of this subsection (c), "public | ||||||
12 | transportation agency" means a public or private agency | ||||||
13 | that provides for the transportation or conveyance of
| ||||||
14 | persons by means available to the general public, except | ||||||
15 | for transportation
by automobiles not used for conveyance | ||||||
16 | of the general public as passengers; and "public | ||||||
17 | transportation facility" means a terminal or other place
| ||||||
18 | where one may obtain public transportation.
| ||||||
19 | (d) The presence in an automobile other than a public | ||||||
20 | omnibus of any
weapon, instrument or substance referred to in | ||||||
21 | subsection (a)(7) is
prima facie evidence that it is in the | ||||||
22 | possession of, and is being
carried by, all persons occupying | ||||||
23 | such automobile at the time such
weapon, instrument or | ||||||
24 | substance is found, except under the following
circumstances: | ||||||
25 | (i) if such weapon, instrument or instrumentality is
found upon | ||||||
26 | the person of one of the occupants therein; or (ii) if such
|
| |||||||
| |||||||
1 | weapon, instrument or substance is found in an automobile | ||||||
2 | operated for
hire by a duly licensed driver in the due, lawful | ||||||
3 | and proper pursuit of
his or her trade, then such presumption | ||||||
4 | shall not apply to the driver.
| ||||||
5 | (e) Exemptions. | ||||||
6 | (1) Crossbows, Common or Compound bows and Underwater
| ||||||
7 | Spearguns are exempted from the definition of ballistic | ||||||
8 | knife as defined in
paragraph (1) of subsection (a) of this | ||||||
9 | Section. | ||||||
10 | (2) The provision of paragraph (1) of subsection (a) of | ||||||
11 | this Section prohibiting the sale, manufacture, purchase, | ||||||
12 | possession, or carrying of any knife, commonly referred to | ||||||
13 | as a switchblade knife, which has a
blade that opens | ||||||
14 | automatically by hand pressure applied to a button,
spring | ||||||
15 | or other device in the handle of the knife, does not apply | ||||||
16 | to a person who possesses a currently valid Firearm Owner's | ||||||
17 | Identification Card previously issued in his or her name by | ||||||
18 | the Department of State Police or to a person or an entity | ||||||
19 | engaged in the business of selling or manufacturing | ||||||
20 | switchblade knives.
| ||||||
21 | (Source: P.A. 100-82, eff. 8-11-17; 101-223, eff. 1-1-20 .)
| ||||||
22 | (720 ILCS 5/24-1.1) (from Ch. 38, par. 24-1.1)
| ||||||
23 | Sec. 24-1.1. Unlawful use or possession of weapons by | ||||||
24 | felons or
persons in the custody of the
Department of | ||||||
25 | Corrections facilities. |
| |||||||
| |||||||
1 | (a) It is unlawful
for a person to knowingly possess on or | ||||||
2 | about his person or on his land or
in his own abode or fixed | ||||||
3 | place of business any weapon prohibited under
Section 24-1 of | ||||||
4 | this Act or any firearm or any firearm ammunition if the
person | ||||||
5 | has been convicted of a felony under the laws of this State or | ||||||
6 | any
other jurisdiction. This Section shall not apply if the | ||||||
7 | person has been
granted relief by the Director of the | ||||||
8 | Department of State Police
under Section 10 of the Firearm | ||||||
9 | Owners Identification
Card Act.
| ||||||
10 | (b) It is unlawful for any person confined in a penal | ||||||
11 | institution,
which is a facility of the Illinois Department of | ||||||
12 | Corrections, to possess
any weapon prohibited under Section | ||||||
13 | 24-1 of this Code or any firearm or
firearm ammunition, | ||||||
14 | regardless of the intent with which he possesses it.
| ||||||
15 | (c) It shall be an affirmative defense to a violation of | ||||||
16 | subsection (b), that such possession was specifically | ||||||
17 | authorized by rule,
regulation, or directive of the Illinois | ||||||
18 | Department of Corrections or order
issued pursuant thereto.
| ||||||
19 | (d) The defense of necessity is not available to a person | ||||||
20 | who is charged
with a violation of subsection (b) of this | ||||||
21 | Section.
| ||||||
22 | (e) Sentence. Violation of this Section by a person not | ||||||
23 | confined
in a penal institution shall be a Class 2 3 felony
for | ||||||
24 | which the person shall be sentenced to no less than 3 2 years | ||||||
25 | and no
more than 10 years. A second or subsequent violation of | ||||||
26 | this Section shall be a Class 1 2 felony for which the person |
| |||||||
| |||||||
1 | shall be sentenced to a term of imprisonment of not less than 4 | ||||||
2 | 3 years and not more than 30 14 years, except as provided for | ||||||
3 | in Section 5-4.5-110 of the Unified Code of Corrections. | ||||||
4 | Violation of this Section by a person not confined in a
penal | ||||||
5 | institution who has been convicted of a forcible felony, a | ||||||
6 | felony
violation of Article 24 of this Code or of the Firearm | ||||||
7 | Owners Identification
Card Act, stalking or aggravated | ||||||
8 | stalking, or a Class 2 or greater felony
under the Illinois | ||||||
9 | Controlled Substances Act, the Cannabis Control Act, or the | ||||||
10 | Methamphetamine Control and Community Protection Act is a
Class | ||||||
11 | 1 2 felony for which the person
shall be sentenced to not less | ||||||
12 | than 4 3 years and not more than 30 14 years, except as | ||||||
13 | provided for in Section 5-4.5-110 of the Unified Code of | ||||||
14 | Corrections.
Violation of this Section by a person who is on | ||||||
15 | parole or mandatory supervised
release is a Class 1 2 felony | ||||||
16 | for which the person shall be sentenced to not less than 4 3 | ||||||
17 | years and not more than 30 14
years, except as provided for in | ||||||
18 | Section 5-4.5-110 of the Unified Code of Corrections. Violation | ||||||
19 | of this Section by a person not confined in a penal
institution | ||||||
20 | is a Class X felony for which the person shall be sentenced to | ||||||
21 | not less than 6 years and not more than 40 years when the | ||||||
22 | firearm possessed is a machine gun.
Any person who violates | ||||||
23 | this Section while confined in a penal
institution, which is a | ||||||
24 | facility of the Illinois Department of
Corrections, is guilty | ||||||
25 | of a Class X 1
felony for which the person shall be sentenced | ||||||
26 | to not less than 6 years and not more than 40 years , if he |
| |||||||
| |||||||
1 | possesses any weapon prohibited under Section 24-1 of this
Code | ||||||
2 | regardless of the intent with which he possesses it, a Class X
| ||||||
3 | felony if he possesses any firearm, firearm ammunition or | ||||||
4 | explosive, and a
Class X felony for which the offender shall be | ||||||
5 | sentenced to not less than 14 12
years and not more than 60 50 | ||||||
6 | years when the firearm possessed is a machine
gun. A violation | ||||||
7 | of this Section while wearing or in possession of body armor as | ||||||
8 | defined in Section 33F-1 is a Class X felony punishable by a | ||||||
9 | term of imprisonment of not less than 14 10 years and up to | ||||||
10 | natural life imprisonment not more than 40 years .
The | ||||||
11 | possession of each firearm or firearm ammunition in violation | ||||||
12 | of this Section constitutes a single and separate violation.
| ||||||
13 | (Source: P.A. 100-3, eff. 1-1-18 .)
| ||||||
14 | (720 ILCS 5/24-1.2) (from Ch. 38, par. 24-1.2)
| ||||||
15 | Sec. 24-1.2. Aggravated discharge of a firearm. | ||||||
16 | (a) A person commits aggravated discharge of a firearm when | ||||||
17 | he or she
knowingly or
intentionally:
| ||||||
18 | (1) Discharges a firearm at or into a building he or | ||||||
19 | she knows or
reasonably
should know to be
occupied and the | ||||||
20 | firearm is discharged from a place or position outside
that | ||||||
21 | building;
| ||||||
22 | (2) Discharges a firearm in the direction of another | ||||||
23 | person or in the
direction of a vehicle he or she knows or | ||||||
24 | reasonably should know to be
occupied by a person;
| ||||||
25 | (3) Discharges a firearm in the direction of a person |
| |||||||
| |||||||
1 | he or she knows
to be
a peace officer, a community policing | ||||||
2 | volunteer, a
correctional institution employee, or a | ||||||
3 | fireman while the officer,
volunteer,
employee or fireman | ||||||
4 | is engaged in the execution of any of his or her
official
| ||||||
5 | duties, or to prevent the officer, volunteer, employee or | ||||||
6 | fireman from
performing his or her
official duties, or in | ||||||
7 | retaliation for the officer, volunteer, employee or
| ||||||
8 | fireman
performing his or her official duties;
| ||||||
9 | (4) Discharges a firearm in the direction of a vehicle | ||||||
10 | he or she knows
to be
occupied by a peace officer, a person | ||||||
11 | summoned or directed by a peace
officer, a correctional | ||||||
12 | institution employee or a fireman while the
officer, | ||||||
13 | employee or fireman is engaged in the execution of any of | ||||||
14 | his or
her
official duties, or to prevent the officer, | ||||||
15 | employee or fireman from
performing his or her official | ||||||
16 | duties, or in retaliation for the officer,
employee or | ||||||
17 | fireman performing his or her official duties;
| ||||||
18 | (5) Discharges a firearm in the direction of a person | ||||||
19 | he or she knows
to be
emergency medical services personnel | ||||||
20 | who is engaged in the execution of any of his or her | ||||||
21 | official duties,
or to
prevent the
emergency medical | ||||||
22 | services personnel from performing his or her official | ||||||
23 | duties, or in
retaliation
for the
emergency medical | ||||||
24 | services personnel performing his or her official duties;
| ||||||
25 | (6) Discharges a firearm in the direction of a vehicle | ||||||
26 | he or she knows
to
be occupied by emergency medical |
| |||||||
| |||||||
1 | services personnel while the
emergency medical services | ||||||
2 | personnel is engaged in the execution of any of his or her
| ||||||
3 | official
duties, or to prevent the
emergency medical | ||||||
4 | services personnel from performing his or her official
| ||||||
5 | duties, or
in retaliation for the
emergency medical | ||||||
6 | services personnel performing his or her official duties;
| ||||||
7 | (7) Discharges a firearm in the direction of a person | ||||||
8 | he or she knows to
be a teacher or other person employed in | ||||||
9 | any school and the teacher or other
employee is upon the | ||||||
10 | grounds of a school or grounds adjacent to a school, or is
| ||||||
11 | in any part of a building used for school purposes;
| ||||||
12 | (8) Discharges a firearm in the direction of a person | ||||||
13 | he or she knows to
be an emergency management worker while | ||||||
14 | the emergency management worker is
engaged in the execution | ||||||
15 | of any of his or her official duties, or to prevent
the | ||||||
16 | emergency management worker from performing his or her | ||||||
17 | official duties, or
in retaliation for the emergency | ||||||
18 | management worker performing his or her
official duties; or
| ||||||
19 | (9) Discharges a firearm in the direction of a vehicle | ||||||
20 | he or she knows to
be occupied by an emergency management | ||||||
21 | worker while the emergency management
worker is engaged in | ||||||
22 | the execution of any of his or her official duties, or to
| ||||||
23 | prevent the emergency management worker from performing | ||||||
24 | his or her official
duties, or in retaliation for the | ||||||
25 | emergency management worker performing his or
her official | ||||||
26 | duties.
|
| |||||||
| |||||||
1 | (b) A violation of subsection (a)(1) or subsection (a)(2) | ||||||
2 | of this
Section is a Class X 1 felony.
A violation of
| ||||||
3 | subsection (a)(1) or (a)(2)
of this Section committed in a | ||||||
4 | school, on the real property comprising a
school,
within 1,000 | ||||||
5 | feet of the real property comprising a school, at a school | ||||||
6 | related
activity or on or within 1,000 feet of any conveyance | ||||||
7 | owned, leased, or
contracted by a school to transport students | ||||||
8 | to or from school or a school
related activity, regardless of | ||||||
9 | the time of day or time of year that the
offense was committed | ||||||
10 | is a Class X felony for which the person shall be sentenced to | ||||||
11 | not less than 6 years and not more than 40 years .
A violation | ||||||
12 | of subsection (a)(3), (a)(4),
(a)(5), (a)(6), (a)(7), (a)(8), | ||||||
13 | or (a)(9) of this Section is a Class
X felony for which the
| ||||||
14 | sentence shall be a term of imprisonment of no less than 12 10 | ||||||
15 | years and not more
than 60 45 years.
| ||||||
16 | (c) For purposes of this Section:
| ||||||
17 | "Emergency medical services personnel" has the meaning | ||||||
18 | specified in Section 3.5 of the Emergency Medical Services | ||||||
19 | (EMS) Systems Act and shall include all ambulance crew members, | ||||||
20 | including drivers or pilots. | ||||||
21 | "School" means a public or private elementary or secondary | ||||||
22 | school,
community college, college, or university.
| ||||||
23 | "School related activity" means any sporting, social, | ||||||
24 | academic, or other
activity for which students' attendance or | ||||||
25 | participation is sponsored,
organized, or funded in whole or in | ||||||
26 | part by a school or school district.
|
| |||||||
| |||||||
1 | (Source: P.A. 99-816, eff. 8-15-16.)
| ||||||
2 | (720 ILCS 5/24-1.2-5)
| ||||||
3 | Sec. 24-1.2-5. Aggravated discharge of a
machine gun or a | ||||||
4 | firearm equipped with a device designed or used for silencing
| ||||||
5 | the report of a firearm.
| ||||||
6 | (a) A person commits aggravated discharge of a
machine gun | ||||||
7 | or a firearm equipped with a device designed or used for | ||||||
8 | silencing
the report of a firearm
when he or she knowingly or
| ||||||
9 | intentionally:
| ||||||
10 | (1) Discharges a
machine gun or a firearm equipped with | ||||||
11 | a device designed or used for silencing
the report of a | ||||||
12 | firearm
at or into a building he or she knows to be
| ||||||
13 | occupied and the
machine gun or the firearm equipped with a | ||||||
14 | device designed or used for
silencing
the report of a | ||||||
15 | firearm
is discharged from a place or position outside
that | ||||||
16 | building;
| ||||||
17 | (2) Discharges a
machine gun or a firearm equipped with | ||||||
18 | a device designed or used for silencing
the report of a | ||||||
19 | firearm
in the direction of another person or in the
| ||||||
20 | direction of a vehicle he or she knows to be occupied;
| ||||||
21 | (3) Discharges a
machine gun or a firearm equipped with | ||||||
22 | a device designed or used for silencing
the report of a | ||||||
23 | firearm
in the direction of a person he or she knows to be
| ||||||
24 | a peace officer, a person summoned or directed by a peace | ||||||
25 | officer, a
correctional institution employee, or a fireman |
| |||||||
| |||||||
1 | while the officer,
employee or fireman is engaged in the | ||||||
2 | execution of any of his or her official
duties, or to | ||||||
3 | prevent the officer, employee or fireman from performing | ||||||
4 | his
or her official duties, or in retaliation for the | ||||||
5 | officer, employee or fireman
performing his or her official | ||||||
6 | duties;
| ||||||
7 | (4) Discharges a
machine gun or a firearm equipped with | ||||||
8 | a device designed or used for silencing
the report of a | ||||||
9 | firearm
in the direction of a vehicle he or she knows to be
| ||||||
10 | occupied by a peace officer, a person summoned or directed | ||||||
11 | by a peace
officer, a correctional institution employee or | ||||||
12 | a fireman while the
officer, employee or fireman is engaged | ||||||
13 | in the execution of any of his
or her official duties, or | ||||||
14 | to prevent the officer, employee or fireman from
performing | ||||||
15 | his or her official duties, or in retaliation for the | ||||||
16 | officer,
employee or fireman performing his or her official | ||||||
17 | duties;
| ||||||
18 | (5) Discharges a
machine gun or a firearm equipped with | ||||||
19 | a device designed or used for silencing
the report of a | ||||||
20 | firearm
in the direction of a person he or she knows to be
| ||||||
21 | emergency medical services personnel while the
emergency | ||||||
22 | medical services personnel is engaged in the execution of | ||||||
23 | any of his or her official duties, or
to
prevent the
| ||||||
24 | emergency medical services personnel from performing his | ||||||
25 | or her official duties, or in
retaliation
for the
emergency | ||||||
26 | medical services personnel performing his or her official |
| |||||||
| |||||||
1 | duties;
| ||||||
2 | (6) Discharges a
machine gun or a firearm equipped with | ||||||
3 | a device designed or used for silencing
the report of a | ||||||
4 | firearm
in the direction of a vehicle he or she knows to
be | ||||||
5 | occupied by emergency medical services personnel, while | ||||||
6 | the
emergency medical services personnel is engaged in the | ||||||
7 | execution of any of his or her official
duties, or to | ||||||
8 | prevent the
emergency medical services personnel from | ||||||
9 | performing his or her official duties,
or
in retaliation | ||||||
10 | for the
emergency medical services personnel performing | ||||||
11 | his or her official
duties;
| ||||||
12 | (7) Discharges a machine gun or a firearm equipped with | ||||||
13 | a device
designed or used for silencing the report of a | ||||||
14 | firearm in the direction of a
person he or she knows to be | ||||||
15 | an emergency management worker while the emergency
| ||||||
16 | management worker is engaged in the execution of any of his | ||||||
17 | or her official
duties, or to prevent the emergency | ||||||
18 | management worker from performing his or
her official | ||||||
19 | duties, or in retaliation for the emergency management | ||||||
20 | worker
performing his or her official duties; or
| ||||||
21 | (8) Discharges a machine gun or a firearm equipped with | ||||||
22 | a device designed
or used for silencing the report of a | ||||||
23 | firearm in the direction of a vehicle he
or she knows to be | ||||||
24 | occupied by an emergency management worker while the
| ||||||
25 | emergency management worker is engaged in the execution of | ||||||
26 | any of his or her
official duties, or to prevent the |
| |||||||
| |||||||
1 | emergency management worker from performing
his or her | ||||||
2 | official duties, or in retaliation for the emergency | ||||||
3 | management
worker performing his or her official duties.
| ||||||
4 | (b) A violation of subsection (a) (1) or subsection (a) (2) | ||||||
5 | of this
Section is a Class X felony. A violation of subsection | ||||||
6 | (a) (3), (a) (4),
(a) (5), (a) (6), (a) (7), or (a) (8) of this | ||||||
7 | Section is a Class X
felony for which the
sentence shall be a | ||||||
8 | term of imprisonment of no less than 14 12 years and no more
| ||||||
9 | than 60 50 years.
A violation of subsection (a)(1) or | ||||||
10 | subsection (a)(2) of this
Section committed on school grounds | ||||||
11 | is is a Class X felony for which the sentence shall be a term of | ||||||
12 | imprisonment of no less than 6 years and no more than 40 years.
| ||||||
13 | (c) For the purpose of this Section: | ||||||
14 | "Emergency medical services personnel" has the meaning | ||||||
15 | specified in Section 3.5 of the Emergency Medical Services | ||||||
16 | (EMS) Systems Act and shall include all ambulance crew | ||||||
17 | members, including drivers or pilots. | ||||||
18 | "Machine gun" has the meaning ascribed
to it in clause | ||||||
19 | (i) of paragraph (7) of subsection (a) of Section 24-1 of | ||||||
20 | this
Code.
| ||||||
21 | (d) This Section does not apply to a peace officer while | ||||||
22 | serving as a member of a tactical response team or special | ||||||
23 | operations team. A peace officer may not personally own or | ||||||
24 | apply for ownership of a device or attachment of any kind | ||||||
25 | designed, used, or intended for use in silencing the report of | ||||||
26 | any firearm. These devices shall be owned and maintained by |
| |||||||
| |||||||
1 | lawfully recognized units of government whose duties include | ||||||
2 | the investigation of criminal acts.
| ||||||
3 | (Source: P.A. 99-816, eff. 8-15-16.)
| ||||||
4 | (720 ILCS 5/24-1.5)
| ||||||
5 | Sec. 24-1.5. Reckless discharge of a firearm.
| ||||||
6 | (a) A person commits reckless discharge of a firearm by | ||||||
7 | discharging a
firearm in
a reckless manner which endangers the | ||||||
8 | bodily safety
of an individual.
| ||||||
9 | (b) If the conduct described in subsection (a) is committed | ||||||
10 | by a passenger
of a moving motor vehicle with the knowledge and | ||||||
11 | consent of the driver of the
motor vehicle the driver is | ||||||
12 | accountable for such conduct.
| ||||||
13 | (c) Reckless discharge of a firearm is a Class 3 4 felony.
| ||||||
14 | (d) This Section does not apply to a peace officer while in | ||||||
15 | the performance
of his or her official duties.
| ||||||
16 | (Source: P.A. 88-217.)
| ||||||
17 | (720 ILCS 5/24-1.6) | ||||||
18 | Sec. 24-1.6. Aggravated unlawful use of a weapon. | ||||||
19 | (a) A person commits the offense of aggravated unlawful use | ||||||
20 | of a weapon when
he or she knowingly: | ||||||
21 | (1) Carries on or about his or her person or in any | ||||||
22 | vehicle or concealed
on or about his or her person except | ||||||
23 | when on his or her land or in his or her
abode, legal | ||||||
24 | dwelling, or fixed place of business, or on the land or in |
| |||||||
| |||||||
1 | the legal dwelling of another person as an invitee with | ||||||
2 | that person's permission, any pistol, revolver, stun gun or | ||||||
3 | taser or
other firearm; or | ||||||
4 | (2) Carries or possesses on or about his or her person, | ||||||
5 | upon any public
street, alley, or other public lands within | ||||||
6 | the corporate limits of a city,
village or incorporated | ||||||
7 | town, except when an invitee thereon or therein, for
the | ||||||
8 | purpose of the display of such weapon or the lawful | ||||||
9 | commerce in weapons, or
except when on his or her own land | ||||||
10 | or in his or her own abode, legal dwelling, or fixed place | ||||||
11 | of
business, or on the land or in the legal dwelling of | ||||||
12 | another person as an invitee with that person's permission, | ||||||
13 | any pistol, revolver, stun gun or taser or other firearm; | ||||||
14 | and | ||||||
15 | (3) One of the following factors is present: | ||||||
16 | (A) the firearm, other than a pistol, revolver, or | ||||||
17 | handgun, possessed was uncased, loaded, and | ||||||
18 | immediately accessible
at the time of the offense; or | ||||||
19 | (A-5) the pistol, revolver, or handgun possessed | ||||||
20 | was uncased, loaded, and immediately accessible
at the | ||||||
21 | time of the offense and the person possessing the | ||||||
22 | pistol, revolver, or handgun has not been issued a | ||||||
23 | currently valid license under the Firearm Concealed | ||||||
24 | Carry Act; or | ||||||
25 | (B) the firearm, other than a pistol, revolver, or | ||||||
26 | handgun, possessed was uncased, unloaded, and the |
| |||||||
| |||||||
1 | ammunition for
the weapon was immediately accessible | ||||||
2 | at the time of the offense; or | ||||||
3 | (B-5) the pistol, revolver, or handgun possessed | ||||||
4 | was uncased, unloaded, and the ammunition for
the | ||||||
5 | weapon was immediately accessible at the time of the | ||||||
6 | offense and the person possessing the pistol, | ||||||
7 | revolver, or handgun has not been issued a currently | ||||||
8 | valid license under the Firearm Concealed Carry Act; or | ||||||
9 | (C) the person possessing the firearm has not been | ||||||
10 | issued a currently
valid Firearm Owner's | ||||||
11 | Identification Card; or | ||||||
12 | (D) the person possessing the weapon was | ||||||
13 | previously adjudicated
a delinquent minor under the | ||||||
14 | Juvenile Court Act of 1987 for an act that if
committed | ||||||
15 | by an adult would be a felony; or | ||||||
16 | (E) the person possessing the weapon was engaged in | ||||||
17 | a misdemeanor
violation of the Cannabis
Control Act, in | ||||||
18 | a misdemeanor violation of the Illinois Controlled | ||||||
19 | Substances
Act, or in a misdemeanor violation of the | ||||||
20 | Methamphetamine Control and Community Protection Act; | ||||||
21 | or | ||||||
22 | (F) (blank); or | ||||||
23 | (G) the person possessing the weapon had an order | ||||||
24 | of protection issued
against him or her within the | ||||||
25 | previous 2 years; or | ||||||
26 | (H) the person possessing the weapon was engaged in |
| |||||||
| |||||||
1 | the commission or
attempted commission of
a | ||||||
2 | misdemeanor involving the use or threat of violence | ||||||
3 | against
the person or property of another; or | ||||||
4 | (I) the person possessing the weapon was under 21 | ||||||
5 | years of age and in
possession of a handgun, unless the | ||||||
6 | person under 21
is engaged in lawful activities under | ||||||
7 | the Wildlife Code or described in
subsection | ||||||
8 | 24-2(b)(1), (b)(3), or 24-2(f). | ||||||
9 | (a-5) "Handgun" as used in this Section has the meaning | ||||||
10 | given to it in Section 5 of the Firearm Concealed Carry Act. | ||||||
11 | (b) "Stun gun or taser" as used in this Section has the | ||||||
12 | same definition
given to it in Section 24-1 of this Code. | ||||||
13 | (c) This Section does not apply to or affect the | ||||||
14 | transportation or
possession
of weapons that: | ||||||
15 | (i) are broken down in a non-functioning state; or | ||||||
16 | (ii) are not immediately accessible; or | ||||||
17 | (iii) are unloaded and enclosed in a case, firearm | ||||||
18 | carrying box,
shipping box, or other container by a person | ||||||
19 | who has been issued a currently
valid Firearm Owner's
| ||||||
20 | Identification Card. | ||||||
21 | (d) Sentence. | ||||||
22 | (1) Aggravated unlawful use of a weapon is a Class 3 4 | ||||||
23 | felony;
a second or subsequent offense is a Class 1 2 | ||||||
24 | felony for which the person shall be sentenced to a term of | ||||||
25 | imprisonment of not less than 4 3 years and not more than | ||||||
26 | 15 7 years, except as provided for in Section 5-4.5-110 of |
| |||||||
| |||||||
1 | the Unified Code of Corrections. | ||||||
2 | (2) Except as otherwise provided in paragraphs (3) and | ||||||
3 | (4) of this subsection (d), a first offense of aggravated | ||||||
4 | unlawful use of a weapon committed with a firearm by a | ||||||
5 | person 18 years of age or older where the factors listed in | ||||||
6 | both items (A) and (C) or both items (A-5) and (C) of | ||||||
7 | paragraph (3) of subsection (a) are present is a Class 3 4 | ||||||
8 | felony, for which the person shall be sentenced to a term | ||||||
9 | of imprisonment of not less than 2 years one year and not | ||||||
10 | more than 5 3 years. | ||||||
11 | (3) Aggravated unlawful use of
a weapon by a person who | ||||||
12 | has been previously
convicted of a felony in this State or | ||||||
13 | another jurisdiction is a Class 1 2
felony for which the | ||||||
14 | person shall be sentenced to a term of imprisonment of not | ||||||
15 | less than 4 3 years and not more than 15 7 years, except as | ||||||
16 | provided for in Section 5-4.5-110 of the Unified Code of | ||||||
17 | Corrections. | ||||||
18 | (4) Aggravated unlawful use of a weapon while wearing | ||||||
19 | or in possession of body armor as defined in Section 33F-1 | ||||||
20 | by a person who has not been issued a valid Firearms | ||||||
21 | Owner's Identification Card in accordance with Section 5 of | ||||||
22 | the Firearm Owners Identification Card Act is a Class X | ||||||
23 | felony , for which the person shall be sentenced to a term | ||||||
24 | of imprisonment of not less 6 years and not more than 40 | ||||||
25 | years .
| ||||||
26 | (e) The possession of each firearm in violation of this |
| |||||||
| |||||||
1 | Section constitutes a single and separate violation. | ||||||
2 | (Source: P.A. 100-3, eff. 1-1-18; 100-201, eff. 8-18-17 .) | ||||||
3 | (720 ILCS 5/24-1.8) | ||||||
4 | Sec. 24-1.8. Unlawful possession of a firearm by a street | ||||||
5 | gang member. | ||||||
6 | (a) A person
commits unlawful possession of a firearm by a | ||||||
7 | street gang member when he or she knowingly: | ||||||
8 | (1) possesses, carries, or conceals on or about his or | ||||||
9 | her person a firearm and firearm ammunition while on any | ||||||
10 | street, road, alley, gangway, sidewalk, or any other lands, | ||||||
11 | except when inside his or her own abode or inside his or | ||||||
12 | her fixed place of business, and has not been issued a | ||||||
13 | currently valid Firearm Owner's Identification Card and is | ||||||
14 | a member of a street gang; or | ||||||
15 | (2) possesses or carries in any vehicle a firearm and | ||||||
16 | firearm ammunition which are both immediately accessible | ||||||
17 | at the time of the offense while on any street, road, | ||||||
18 | alley, or any other lands, except when inside his or her | ||||||
19 | own abode or garage, and has not been issued a currently | ||||||
20 | valid Firearm Owner's Identification Card and is a member | ||||||
21 | of a street gang. | ||||||
22 | (b) Unlawful possession of a firearm by a street gang | ||||||
23 | member is a Class 1 2 felony for which the person, if sentenced | ||||||
24 | to a term of imprisonment, shall be sentenced to no less than 4 | ||||||
25 | 3 years and no more than 30 10 years. A period of probation, a |
| |||||||
| |||||||
1 | term of periodic imprisonment or conditional discharge shall | ||||||
2 | not be imposed for the offense of unlawful possession of a | ||||||
3 | firearm by a street gang member when the firearm was loaded or | ||||||
4 | contained firearm ammunition and the court shall sentence the | ||||||
5 | offender to not less than the minimum term of imprisonment | ||||||
6 | authorized for the Class 1 2 felony for which the person shall | ||||||
7 | be sentenced to no less than 4 years and no more than 30 years . | ||||||
8 | (c) For purposes of this Section: | ||||||
9 | "Street gang" or "gang" has the meaning ascribed to it | ||||||
10 | in Section 10 of the Illinois Streetgang Terrorism Omnibus | ||||||
11 | Prevention Act. | ||||||
12 | "Street gang member" or "gang member" has the meaning | ||||||
13 | ascribed to it in Section 10 of the Illinois Streetgang | ||||||
14 | Terrorism Omnibus Prevention Act.
| ||||||
15 | (Source: P.A. 96-829, eff. 12-3-09.)
| ||||||
16 | (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
| ||||||
17 | Sec. 24-3. Unlawful sale or delivery of firearms.
| ||||||
18 | (A) A person commits the offense of unlawful sale or | ||||||
19 | delivery of firearms when he
or she knowingly does any of the | ||||||
20 | following:
| ||||||
21 | (a) Sells or gives any firearm of a size which may be | ||||||
22 | concealed upon the
person to any person under 18 years of | ||||||
23 | age.
| ||||||
24 | (b) Sells or gives any firearm to a person under 21 | ||||||
25 | years of age who has
been convicted of a misdemeanor other |
| |||||||
| |||||||
1 | than a traffic offense or adjudged
delinquent.
| ||||||
2 | (c) Sells or gives any firearm to any narcotic addict.
| ||||||
3 | (d) Sells or gives any firearm to any person who has | ||||||
4 | been convicted of a
felony under the laws of this or any | ||||||
5 | other jurisdiction.
| ||||||
6 | (e) Sells or gives any firearm to any person who has | ||||||
7 | been a patient in a
mental institution within the past 5 | ||||||
8 | years. In this subsection (e): | ||||||
9 | "Mental institution" means any hospital, | ||||||
10 | institution, clinic, evaluation facility, mental | ||||||
11 | health center, or part thereof, which is used primarily | ||||||
12 | for the care or treatment of persons with mental | ||||||
13 | illness. | ||||||
14 | "Patient in a mental institution" means the person | ||||||
15 | was admitted, either voluntarily or involuntarily, to | ||||||
16 | a mental institution for mental health treatment, | ||||||
17 | unless the treatment was voluntary and solely for an | ||||||
18 | alcohol abuse disorder and no other secondary | ||||||
19 | substance abuse disorder or mental illness.
| ||||||
20 | (f) Sells or gives any firearms to any person who is a | ||||||
21 | person with an intellectual disability.
| ||||||
22 | (g) Delivers any firearm, incidental to a sale, without | ||||||
23 | withholding delivery of the firearm
for at least 72 hours | ||||||
24 | after application for its purchase has been made, or
| ||||||
25 | delivers a stun gun or taser, incidental to a sale,
without | ||||||
26 | withholding delivery of the stun gun or taser for
at least |
| |||||||
| |||||||
1 | 24 hours after application for its purchase has been made.
| ||||||
2 | However,
this paragraph (g) does not apply to: (1) the sale | ||||||
3 | of a firearm
to a law enforcement officer if the seller of | ||||||
4 | the firearm knows that the person to whom he or she is | ||||||
5 | selling the firearm is a law enforcement officer or the | ||||||
6 | sale of a firearm to a person who desires to purchase a | ||||||
7 | firearm for
use in promoting the public interest incident | ||||||
8 | to his or her employment as a
bank guard, armed truck | ||||||
9 | guard, or other similar employment; (2) a mail
order sale | ||||||
10 | of a firearm from a federally licensed firearms dealer to a | ||||||
11 | nonresident of Illinois under which the firearm
is mailed | ||||||
12 | to a federally licensed firearms dealer outside the | ||||||
13 | boundaries of Illinois; (3) (blank); (4) the sale of a
| ||||||
14 | firearm to a dealer licensed as a federal firearms dealer | ||||||
15 | under Section 923
of the federal Gun Control Act of 1968 | ||||||
16 | (18 U.S.C. 923); or (5) the transfer or sale of any rifle, | ||||||
17 | shotgun, or other long gun to a resident registered | ||||||
18 | competitor or attendee or non-resident registered | ||||||
19 | competitor or attendee by any dealer licensed as a federal | ||||||
20 | firearms dealer under Section 923 of the federal Gun | ||||||
21 | Control Act of 1968 at competitive shooting events held at | ||||||
22 | the World Shooting Complex sanctioned by a national | ||||||
23 | governing body. For purposes of transfers or sales under | ||||||
24 | subparagraph (5) of this paragraph (g), the Department of | ||||||
25 | Natural Resources shall give notice to the Department of | ||||||
26 | State Police at least 30 calendar days prior to any |
| |||||||
| |||||||
1 | competitive shooting events at the World Shooting Complex | ||||||
2 | sanctioned by a national governing body. The notification | ||||||
3 | shall be made on a form prescribed by the Department of | ||||||
4 | State Police. The sanctioning body shall provide a list of | ||||||
5 | all registered competitors and attendees at least 24 hours | ||||||
6 | before the events to the Department of State Police. Any | ||||||
7 | changes to the list of registered competitors and attendees | ||||||
8 | shall be forwarded to the Department of State Police as | ||||||
9 | soon as practicable. The Department of State Police must | ||||||
10 | destroy the list of registered competitors and attendees no | ||||||
11 | later than 30 days after the date of the event. Nothing in | ||||||
12 | this paragraph (g) relieves a federally licensed firearm | ||||||
13 | dealer from the requirements of conducting a NICS | ||||||
14 | background check through the Illinois Point of Contact | ||||||
15 | under 18 U.S.C. 922(t). For purposes of this paragraph (g), | ||||||
16 | "application" means when the buyer and seller reach an | ||||||
17 | agreement to purchase a firearm.
For purposes of this | ||||||
18 | paragraph (g), "national governing body" means a group of | ||||||
19 | persons who adopt rules and formulate policy on behalf of a | ||||||
20 | national firearm sporting organization.
| ||||||
21 | (h) While holding any license
as a dealer,
importer, | ||||||
22 | manufacturer or pawnbroker
under the federal Gun Control | ||||||
23 | Act of 1968,
manufactures, sells or delivers to any | ||||||
24 | unlicensed person a handgun having
a barrel, slide, frame | ||||||
25 | or receiver which is a die casting of zinc alloy or
any | ||||||
26 | other nonhomogeneous metal which will melt or deform at a |
| |||||||
| |||||||
1 | temperature
of less than 800 degrees Fahrenheit. For | ||||||
2 | purposes of this paragraph, (1)
"firearm" is defined as in | ||||||
3 | the Firearm Owners Identification Card Act; and (2)
| ||||||
4 | "handgun" is defined as a firearm designed to be held
and | ||||||
5 | fired by the use of a single hand, and includes a | ||||||
6 | combination of parts from
which such a firearm can be | ||||||
7 | assembled.
| ||||||
8 | (i) Sells or gives a firearm of any size to any person | ||||||
9 | under 18 years of
age who does not possess a valid Firearm | ||||||
10 | Owner's Identification Card.
| ||||||
11 | (j) Sells or gives a firearm while engaged in the | ||||||
12 | business of selling
firearms at wholesale or retail without | ||||||
13 | being licensed as a federal firearms
dealer under Section | ||||||
14 | 923 of the federal Gun Control Act of 1968 (18 U.S.C.
923). | ||||||
15 | In this paragraph (j):
| ||||||
16 | A person "engaged in the business" means a person who | ||||||
17 | devotes time,
attention, and
labor to
engaging in the | ||||||
18 | activity as a regular course of trade or business with the
| ||||||
19 | principal objective of livelihood and profit, but does not | ||||||
20 | include a person who
makes occasional repairs of firearms | ||||||
21 | or who occasionally fits special barrels,
stocks, or | ||||||
22 | trigger mechanisms to firearms.
| ||||||
23 | "With the principal objective of livelihood and | ||||||
24 | profit" means that the
intent
underlying the sale or | ||||||
25 | disposition of firearms is predominantly one of
obtaining | ||||||
26 | livelihood and pecuniary gain, as opposed to other intents, |
| |||||||
| |||||||
1 | such as
improving or liquidating a personal firearms | ||||||
2 | collection; however, proof of
profit shall not be required | ||||||
3 | as to a person who engages in the regular and
repetitive | ||||||
4 | purchase and disposition of firearms for criminal purposes | ||||||
5 | or
terrorism.
| ||||||
6 | (k) Sells or transfers ownership of a firearm to a | ||||||
7 | person who does not display to the seller or transferor of | ||||||
8 | the firearm either: (1) a currently valid Firearm Owner's | ||||||
9 | Identification Card that has previously been issued in the | ||||||
10 | transferee's name by the Department of State Police under | ||||||
11 | the provisions of the Firearm Owners Identification Card | ||||||
12 | Act; or (2) a currently valid license to carry a concealed | ||||||
13 | firearm that has previously been issued in the transferee's | ||||||
14 | name by the
Department of State Police under the Firearm | ||||||
15 | Concealed Carry Act. This paragraph (k) does not apply to | ||||||
16 | the transfer of a firearm to a person who is exempt from | ||||||
17 | the requirement of possessing a Firearm Owner's | ||||||
18 | Identification Card under Section 2 of the Firearm Owners | ||||||
19 | Identification Card Act. For the purposes of this Section, | ||||||
20 | a currently valid Firearm Owner's Identification Card | ||||||
21 | means (i) a Firearm Owner's Identification Card that has | ||||||
22 | not expired or (ii) an approval number issued in accordance | ||||||
23 | with subsection (a-10) of subsection 3 or Section 3.1 of | ||||||
24 | the Firearm Owners Identification Card Act shall be proof | ||||||
25 | that the Firearm Owner's Identification Card was valid. | ||||||
26 | (1) In addition to the other requirements of this |
| |||||||
| |||||||
1 | paragraph (k), all persons who are not federally | ||||||
2 | licensed firearms dealers must also have complied with | ||||||
3 | subsection (a-10) of Section 3 of the Firearm Owners | ||||||
4 | Identification Card Act by determining the validity of | ||||||
5 | a purchaser's Firearm Owner's Identification Card. | ||||||
6 | (2) All sellers or transferors who have complied | ||||||
7 | with the requirements of subparagraph (1) of this | ||||||
8 | paragraph (k) shall not be liable for damages in any | ||||||
9 | civil action arising from the use or misuse by the | ||||||
10 | transferee of the firearm transferred, except for | ||||||
11 | willful or wanton misconduct on the part of the seller | ||||||
12 | or transferor. | ||||||
13 | (l) Not
being entitled to the possession of a firearm, | ||||||
14 | delivers the
firearm, knowing it to have been stolen or | ||||||
15 | converted. It may be inferred that
a person who possesses a | ||||||
16 | firearm with knowledge that its serial number has
been | ||||||
17 | removed or altered has knowledge that the firearm is stolen | ||||||
18 | or converted. | ||||||
19 | (B) Paragraph (h) of subsection (A) does not include | ||||||
20 | firearms sold within 6
months after enactment of Public
Act | ||||||
21 | 78-355 (approved August 21, 1973, effective October 1, 1973), | ||||||
22 | nor is any
firearm legally owned or
possessed by any citizen or | ||||||
23 | purchased by any citizen within 6 months after the
enactment of | ||||||
24 | Public Act 78-355 subject
to confiscation or seizure under the | ||||||
25 | provisions of that Public Act. Nothing in
Public Act 78-355 | ||||||
26 | shall be construed to prohibit the gift or trade of
any firearm |
| |||||||
| |||||||
1 | if that firearm was legally held or acquired within 6 months | ||||||
2 | after
the enactment of that Public Act.
| ||||||
3 | (C) Sentence.
| ||||||
4 | (1) Any person convicted of unlawful sale or delivery | ||||||
5 | of firearms in violation of
paragraph (c), (e), (f), (g), | ||||||
6 | or (h) of subsection (A) commits a Class
3 4
felony.
| ||||||
7 | (2) Any person convicted of unlawful sale or delivery | ||||||
8 | of firearms in violation of
paragraph (b) or (i) of | ||||||
9 | subsection (A) commits a Class 2 3 felony.
| ||||||
10 | (3) Any person convicted of unlawful sale or delivery | ||||||
11 | of firearms in violation of
paragraph (a) of subsection (A) | ||||||
12 | commits a Class 1 2 felony.
| ||||||
13 | (4) Any person convicted of unlawful sale or delivery | ||||||
14 | of firearms in violation of
paragraph (a), (b), or (i) of | ||||||
15 | subsection (A) in any school, on the real
property | ||||||
16 | comprising a school, within 1,000 feet of the real property | ||||||
17 | comprising
a school, at a school related activity, or on or | ||||||
18 | within 1,000 feet of any
conveyance owned, leased, or | ||||||
19 | contracted by a school or school district to
transport | ||||||
20 | students to or from school or a school related activity,
| ||||||
21 | regardless of the time of day or time of year at which the | ||||||
22 | offense
was committed, commits a Class X 1 felony. Any | ||||||
23 | person convicted of a second
or subsequent violation of | ||||||
24 | unlawful sale or delivery of firearms in violation of | ||||||
25 | paragraph
(a), (b), or (i) of subsection (A) in any school, | ||||||
26 | on the real property
comprising a school, within 1,000 feet |
| |||||||
| |||||||
1 | of the real property comprising a
school, at a school | ||||||
2 | related activity, or on or within 1,000 feet of any
| ||||||
3 | conveyance owned, leased, or contracted by a school or | ||||||
4 | school district to
transport students to or from school or | ||||||
5 | a school related activity,
regardless of the time of day or | ||||||
6 | time of year at which the offense
was committed, commits a | ||||||
7 | Class X 1 felony for which the sentence shall be a
term of | ||||||
8 | imprisonment of no less than 6 5 years and no more than 30 | ||||||
9 | 15 years.
| ||||||
10 | (5) Any person convicted of unlawful sale or delivery | ||||||
11 | of firearms in violation of
paragraph (a) or (i) of | ||||||
12 | subsection (A) in residential property owned,
operated, or | ||||||
13 | managed by a public housing agency or leased by a public | ||||||
14 | housing
agency as part of a scattered site or mixed-income | ||||||
15 | development, in a public
park, in a
courthouse, on | ||||||
16 | residential property owned, operated, or managed by a | ||||||
17 | public
housing agency or leased by a public housing agency | ||||||
18 | as part of a scattered site
or mixed-income development, on | ||||||
19 | the real property comprising any public park,
on the real
| ||||||
20 | property comprising any courthouse, or on any public way | ||||||
21 | within 1,000 feet
of the real property comprising any | ||||||
22 | public park, courthouse, or residential
property owned, | ||||||
23 | operated, or managed by a public housing agency or leased | ||||||
24 | by a
public housing agency as part of a scattered site or | ||||||
25 | mixed-income development
commits a
Class 1 2 felony.
| ||||||
26 | (6) Any person convicted of unlawful sale or delivery |
| |||||||
| |||||||
1 | of firearms in violation of
paragraph (j) of subsection (A) | ||||||
2 | commits a Class 4 felony A misdemeanor . A second or
| ||||||
3 | subsequent violation is a Class 3 4 felony. | ||||||
4 | (7) Any person convicted of unlawful sale or delivery | ||||||
5 | of firearms in violation of paragraph (k) of subsection (A) | ||||||
6 | commits a Class 3 4 felony, except that a violation of | ||||||
7 | subparagraph (1) of paragraph (k) of subsection (A) shall | ||||||
8 | not be punishable as a crime or petty offense. A third or | ||||||
9 | subsequent conviction for a violation of paragraph (k) of | ||||||
10 | subsection (A) is a Class X 1 felony.
| ||||||
11 | (8) A person 18 years of age or older convicted of | ||||||
12 | unlawful sale or delivery of firearms in violation of | ||||||
13 | paragraph (a) or (i) of subsection (A), when the firearm | ||||||
14 | that was sold or given to another person under 18 years of | ||||||
15 | age was used in the commission of or attempt to commit a | ||||||
16 | forcible felony, shall be fined or imprisoned , or both, not | ||||||
17 | to exceed the maximum provided for the most serious | ||||||
18 | forcible felony so committed or attempted by the person | ||||||
19 | under 18 years of age who was sold or given the firearm. | ||||||
20 | (9) Any person convicted of unlawful sale or delivery | ||||||
21 | of firearms in violation of
paragraph (d) of subsection (A) | ||||||
22 | commits a Class 2 3 felony. | ||||||
23 | (10) Any person convicted of unlawful sale or delivery | ||||||
24 | of firearms in violation of paragraph (l) of subsection (A) | ||||||
25 | commits a Class 1 2 felony if the delivery is of one | ||||||
26 | firearm. Any person convicted of unlawful sale or delivery |
| |||||||
| |||||||
1 | of firearms in violation of paragraph (l) of subsection (A) | ||||||
2 | commits a Class X 1 felony if the delivery is of not less | ||||||
3 | than 2 and not more than 5 firearms at the
same time or | ||||||
4 | within a one year period. Any person convicted of unlawful | ||||||
5 | sale or delivery of firearms in violation of paragraph (l) | ||||||
6 | of subsection (A) commits a Class X felony for which he or | ||||||
7 | she shall be sentenced
to a term of imprisonment of not | ||||||
8 | less than 6 years and not more than 30
years if the | ||||||
9 | delivery is of not less than 6 and not more than 10 | ||||||
10 | firearms at the
same time or within a 2 year period. Any | ||||||
11 | person convicted of unlawful sale or delivery of firearms | ||||||
12 | in violation of paragraph (l) of subsection (A) commits a | ||||||
13 | Class X felony for which he or she shall be sentenced
to a | ||||||
14 | term of imprisonment of not less than 6 years and not more | ||||||
15 | than 40
years if the delivery is of not less than 11 and | ||||||
16 | not more than 20 firearms at the
same time or within a 3 | ||||||
17 | year period. Any person convicted of unlawful sale or | ||||||
18 | delivery of firearms in violation of paragraph (l) of | ||||||
19 | subsection (A) commits a Class X felony for which he or she | ||||||
20 | shall be sentenced
to a term of imprisonment of not less | ||||||
21 | than 6 years and not more than 50
years if the delivery is | ||||||
22 | of not less than 21 and not more than 30 firearms at the
| ||||||
23 | same time or within a 4 year period. Any person convicted | ||||||
24 | of unlawful sale or delivery of firearms in violation of | ||||||
25 | paragraph (l) of subsection (A) commits a Class X felony | ||||||
26 | for which he or she shall be sentenced
to a term of |
| |||||||
| |||||||
1 | imprisonment of not less than 6 years and not more than 60
| ||||||
2 | years if the delivery is of 31 or more firearms at the
same | ||||||
3 | time or within a 5 year period. | ||||||
4 | (D) For purposes of this Section:
| ||||||
5 | "School" means a public or private elementary or secondary | ||||||
6 | school,
community college, college, or university.
| ||||||
7 | "School related activity" means any sporting, social, | ||||||
8 | academic, or
other activity for which students' attendance or | ||||||
9 | participation is sponsored,
organized, or funded in whole or in | ||||||
10 | part by a school or school district.
| ||||||
11 | (E) A prosecution for a violation of paragraph (k) of | ||||||
12 | subsection (A) of this Section may be commenced within 6 years | ||||||
13 | after the commission of the offense. A prosecution for a | ||||||
14 | violation of this Section other than paragraph (g) of | ||||||
15 | subsection (A) of this Section may be commenced within 5 years | ||||||
16 | after the commission of the offense defined in the particular | ||||||
17 | paragraph.
| ||||||
18 | (Source: P.A. 99-29, eff. 7-10-15; 99-143, eff. 7-27-15; | ||||||
19 | 99-642, eff. 7-28-16; 100-606, eff. 1-1-19 .)
| ||||||
20 | (720 ILCS 5/24-3.1) (from Ch. 38, par. 24-3.1)
| ||||||
21 | Sec. 24-3.1. Unlawful possession of firearms and firearm | ||||||
22 | ammunition.
| ||||||
23 | (a) A person commits the offense of unlawful possession of | ||||||
24 | firearms
or firearm ammunition when:
| ||||||
25 | (1) He is under 18 years of age and has in his |
| |||||||
| |||||||
1 | possession
any firearm of
a size which may be concealed | ||||||
2 | upon the person; or
| ||||||
3 | (2) He is under 21 years of age, has been convicted of | ||||||
4 | a misdemeanor
other than a traffic offense or adjudged | ||||||
5 | delinquent and has
any firearms or
firearm ammunition in | ||||||
6 | his possession; or
| ||||||
7 | (3) He is a narcotic addict and has
any firearms or | ||||||
8 | firearm ammunition
in his possession; or
| ||||||
9 | (4) He has been a patient in a mental institution | ||||||
10 | within the past 5 years
and has
any firearms or firearm | ||||||
11 | ammunition in his possession. For purposes of this | ||||||
12 | paragraph (4): | ||||||
13 | "Mental institution" means any hospital, | ||||||
14 | institution, clinic, evaluation facility, mental | ||||||
15 | health center, or part thereof, which is used primarily | ||||||
16 | for the care or treatment of persons with mental | ||||||
17 | illness. | ||||||
18 | "Patient in a mental institution" means the person | ||||||
19 | was admitted, either voluntarily or involuntarily, to | ||||||
20 | a mental institution for mental health treatment, | ||||||
21 | unless the treatment was voluntary and solely for an | ||||||
22 | alcohol abuse disorder and no other secondary | ||||||
23 | substance abuse disorder or mental illness; or
| ||||||
24 | (5) He is a person with an intellectual disability and | ||||||
25 | has
any firearms or firearm ammunition
in his possession; | ||||||
26 | or
|
| |||||||
| |||||||
1 | (6) He has in his possession any explosive bullet.
| ||||||
2 | For purposes of this paragraph "explosive bullet" means the | ||||||
3 | projectile
portion of an ammunition cartridge which contains or | ||||||
4 | carries an explosive
charge which will explode upon contact | ||||||
5 | with the flesh of a human or an animal.
"Cartridge" means a | ||||||
6 | tubular metal case having a projectile affixed at the
front | ||||||
7 | thereof and a cap or primer at the rear end thereof, with the | ||||||
8 | propellant
contained in such tube between the projectile and | ||||||
9 | the cap.
| ||||||
10 | (b) Sentence.
| ||||||
11 | Unlawful possession of firearms, other than handguns, and | ||||||
12 | firearm
ammunition is a Class 4 felony A misdemeanor . Unlawful | ||||||
13 | possession of handguns is a
Class 3 4 felony. The possession of | ||||||
14 | each firearm or firearm ammunition in violation of this Section | ||||||
15 | constitutes a single and separate violation.
| ||||||
16 | (c) Nothing in paragraph (1) of subsection (a) of this | ||||||
17 | Section prohibits
a person under 18 years of age from | ||||||
18 | participating in any lawful recreational
activity with a | ||||||
19 | firearm such as, but not limited to, practice shooting at
| ||||||
20 | targets upon established public or private target ranges or | ||||||
21 | hunting, trapping,
or fishing in accordance with the Wildlife | ||||||
22 | Code or the Fish and Aquatic Life
Code.
| ||||||
23 | (Source: P.A. 99-143, eff. 7-27-15.)
| ||||||
24 | (720 ILCS 5/24-3.3) (from Ch. 38, par. 24-3.3)
| ||||||
25 | Sec. 24-3.3. Unlawful Sale or Delivery of Firearms on the |
| |||||||
| |||||||
1 | Premises of
Any School, regardless of the time of day or the | ||||||
2 | time of year, or any
conveyance owned, leased or contracted by | ||||||
3 | a school to transport students to
or from school or a school | ||||||
4 | related activity, or
residential property owned, operated or | ||||||
5 | managed by a public housing
agency. Any person 18 years of age | ||||||
6 | or older who sells, gives or delivers
any firearm to any person | ||||||
7 | under 18 years of age in any school, regardless
of the time of | ||||||
8 | day or the time of year or residential property owned,
operated | ||||||
9 | or managed by a public housing agency or leased by a
public | ||||||
10 | housing agency as part of a scattered site or mixed-income
| ||||||
11 | development, on the real property
comprising any school, | ||||||
12 | regardless of the time of day or the time of year
or | ||||||
13 | residential property owned, operated or managed by a public
| ||||||
14 | housing
agency or leased by a public housing agency as part of | ||||||
15 | a scattered site or
mixed-income development commits a Class 2 | ||||||
16 | 3 felony. School is defined, for the
purposes of
this Section, | ||||||
17 | as any public or private elementary or secondary school,
| ||||||
18 | community college, college or university. This does not apply | ||||||
19 | to peace
officers or to students carrying or possessing | ||||||
20 | firearms for use in school
training courses, parades, target | ||||||
21 | shooting on school ranges, or otherwise
with the consent of | ||||||
22 | school authorities and which firearms are transported
unloaded | ||||||
23 | and enclosed in a suitable case, box or transportation package.
| ||||||
24 | (Source: P.A. 91-673, eff. 12-22-99 .)
| ||||||
25 | (720 ILCS 5/24-3.5)
|
| |||||||
| |||||||
1 | Sec. 24-3.5. Unlawful purchase of a firearm.
| ||||||
2 | (a) For purposes of this Section,
"firearms transaction | ||||||
3 | record form" means a form:
| ||||||
4 | (1) executed by a transferee
of a firearm stating: (i) | ||||||
5 | the transferee's name and address (including county
or | ||||||
6 | similar political subdivision); (ii) whether the | ||||||
7 | transferee is a citizen of
the United States;
(iii) the | ||||||
8 | transferee's State of residence; and (iv) the date and | ||||||
9 | place of
birth, height, weight, and race of the transferee; | ||||||
10 | and
| ||||||
11 | (2) on which the transferee certifies that he or she is | ||||||
12 | not
prohibited by federal law from transporting or shipping | ||||||
13 | a firearm
in interstate or foreign commerce or receiving a | ||||||
14 | firearm that has been shipped
or transported in interstate | ||||||
15 | or foreign commerce or possessing a firearm in or
affecting | ||||||
16 | commerce.
| ||||||
17 | (b) A person commits the offense of unlawful purchase of a | ||||||
18 | firearm who
knowingly purchases or attempts to purchase a
| ||||||
19 | firearm with the intent to deliver that firearm to another | ||||||
20 | person who
is prohibited by federal or State law from | ||||||
21 | possessing a firearm.
| ||||||
22 | (c) A person commits the offense of unlawful purchase of a | ||||||
23 | firearm when he
or she, in purchasing or attempting to purchase | ||||||
24 | a firearm, intentionally
provides false or
misleading | ||||||
25 | information on a United States Department of the Treasury, | ||||||
26 | Bureau of
Alcohol, Tobacco and Firearms firearms transaction |
| |||||||
| |||||||
1 | record form.
| ||||||
2 | (d) Exemption. It is not a violation of subsection (b) of | ||||||
3 | this Section for a
person to make a gift or loan of a firearm to | ||||||
4 | a
person who is not
prohibited by federal or State law from | ||||||
5 | possessing a firearm
if the transfer of the firearm
is made in | ||||||
6 | accordance with Section 3 of the Firearm Owners Identification | ||||||
7 | Card
Act.
| ||||||
8 | (e) Sentence.
| ||||||
9 | (1) A person who commits the offense of unlawful | ||||||
10 | purchase of a
firearm:
| ||||||
11 | (A) is guilty of a Class 1 2 felony for purchasing | ||||||
12 | or attempting to
purchase one firearm;
| ||||||
13 | (B) is guilty of a Class X 1 felony for purchasing | ||||||
14 | or attempting to
purchase not less than 2
firearms and | ||||||
15 | not more than 5 firearms at the same time or within a | ||||||
16 | one
year period;
| ||||||
17 | (C) is guilty of a Class X felony for which the | ||||||
18 | offender shall be sentenced to a term of imprisonment | ||||||
19 | of not less than 12 9 years and not more than 50 40 | ||||||
20 | years for purchasing or attempting to
purchase not less | ||||||
21 | than 6
firearms at the same time or within a 2
year | ||||||
22 | period.
| ||||||
23 | (2) In addition to any other penalty that may be | ||||||
24 | imposed for a violation
of this Section, the court may | ||||||
25 | sentence a person convicted of a violation of
subsection | ||||||
26 | (c) of this Section to a fine not to exceed $250,000 for |
| |||||||
| |||||||
1 | each
violation.
| ||||||
2 | (f) A prosecution for unlawful purchase of a firearm may be | ||||||
3 | commenced within 6 years after the commission of the offense.
| ||||||
4 | (Source: P.A. 95-882, eff. 1-1-09.)
| ||||||
5 | (720 ILCS 5/24-3.7) | ||||||
6 | Sec. 24-3.7. Use of a stolen firearm in the commission of | ||||||
7 | an offense. | ||||||
8 | (a) A person commits the offense of use of a stolen firearm | ||||||
9 | in the commission of an offense when he or she knowingly uses a | ||||||
10 | stolen firearm in the commission of any offense and the person | ||||||
11 | knows that the firearm was stolen. | ||||||
12 | (b) Sentence. Use of a stolen firearm in the commission of | ||||||
13 | an offense is a Class 1 2 felony.
| ||||||
14 | (Source: P.A. 96-190, eff. 1-1-10.) | ||||||
15 | (720 ILCS 5/24-3.8) | ||||||
16 | Sec. 24-3.8. Possession of a stolen firearm.
| ||||||
17 | (a) A person commits possession of a stolen firearm when he | ||||||
18 | or she, not
being entitled to the possession of a firearm, | ||||||
19 | possesses the
firearm, knowing it to have been stolen or | ||||||
20 | converted. The trier of fact may infer that
a person who | ||||||
21 | possesses a firearm with knowledge that its serial number has
| ||||||
22 | been removed or altered has knowledge that the firearm is | ||||||
23 | stolen or converted.
| ||||||
24 | (b) Possession of a stolen firearm is a Class 1 2 felony.
|
| |||||||
| |||||||
1 | (Source: P.A. 97-597, eff. 1-1-12; incorporates 97-347, eff. | ||||||
2 | 1-1-12; 97-1109, eff. 1-1-13.) | ||||||
3 | (720 ILCS 5/24-3.9) | ||||||
4 | Sec. 24-3.9. Aggravated possession of a stolen firearm.
| ||||||
5 | (a) A person commits aggravated possession of a stolen | ||||||
6 | firearm when he
or she:
| ||||||
7 | (1) Not being entitled to the possession of not less | ||||||
8 | than 2 and
not more than 5 firearms, possesses those | ||||||
9 | firearms at the
same time or within a one-year period, | ||||||
10 | knowing the firearms to have been
stolen or converted.
| ||||||
11 | (2) Not being entitled to the possession of not less | ||||||
12 | than 6 and
not more than 10 firearms, possesses those | ||||||
13 | firearms at the
same time or within a 2-year period, | ||||||
14 | knowing the firearms to have been
stolen or converted.
| ||||||
15 | (3) Not being entitled to the possession of not less | ||||||
16 | than 11 and
not more than 20 firearms, possesses those | ||||||
17 | firearms at the
same time or within a 3-year period, | ||||||
18 | knowing the firearms to have been
stolen or converted.
| ||||||
19 | (4) Not being entitled to the possession of not less | ||||||
20 | than 21 and
not more than 30 firearms, possesses those | ||||||
21 | firearms at the
same time or within a 4-year period, | ||||||
22 | knowing the firearms to have been
stolen or converted.
| ||||||
23 | (5) Not being entitled to the possession of more than | ||||||
24 | 30 firearms,
possesses those firearms at the
same time or | ||||||
25 | within a 5-year period, knowing the firearms to have been
|
| |||||||
| |||||||
1 | stolen or converted.
| ||||||
2 | (b) The trier of fact may infer that a person who possesses | ||||||
3 | a firearm with
knowledge that its serial number has been | ||||||
4 | removed or altered has
knowledge that the firearm is stolen or | ||||||
5 | converted.
| ||||||
6 | (c) Sentence.
| ||||||
7 | (1) A person who violates paragraph (1) of subsection | ||||||
8 | (a) of this
Section commits a Class X 1 felony.
| ||||||
9 | (2) A person who violates paragraph (2) of subsection | ||||||
10 | (a) of this
Section commits a Class X felony for which he | ||||||
11 | or she shall be sentenced
to a term of imprisonment of not | ||||||
12 | less than 6 years and not more than 40 30
years.
| ||||||
13 | (3) A person who violates paragraph (3) of subsection | ||||||
14 | (a) of this
Section commits a Class X felony for which he | ||||||
15 | or she shall be sentenced
to a term of imprisonment of not | ||||||
16 | less than 6 years and not more than 50 40
years.
| ||||||
17 | (4) A person who violates paragraph (4) of subsection | ||||||
18 | (a) of this
Section commits a Class X felony for which he | ||||||
19 | or she shall be sentenced
to a term of imprisonment of not | ||||||
20 | less than 6 years and not more than 60 50
years.
| ||||||
21 | (5) A person who violates paragraph (5) of subsection | ||||||
22 | (a) of this
Section commits a Class X felony for which he | ||||||
23 | or she shall be sentenced
to a term of imprisonment of not | ||||||
24 | less than 6 years and not more than 70 60
years.
| ||||||
25 | (Source: P.A. 97-597, eff. 1-1-12; incorporates 97-347, eff. | ||||||
26 | 1-1-12; 97-1109, eff. 1-1-13.)
|
| |||||||
| |||||||
1 | (720 ILCS 5/24-3A)
| ||||||
2 | Sec. 24-3A. Gunrunning.
| ||||||
3 | (a) A person commits gunrunning when he or she transfers 3 | ||||||
4 | or
more firearms in violation of any of the paragraphs of | ||||||
5 | Section 24-3 of this
Code.
| ||||||
6 | (b) Sentence. A person who commits gunrunning: | ||||||
7 | (1) is guilty of a Class X 1
felony; | ||||||
8 | (2) is guilty of a Class X felony for which the | ||||||
9 | sentence shall be a term of imprisonment of not less than | ||||||
10 | 10 8 years and not more than 50 40 years if the transfer is | ||||||
11 | of not less than 11 firearms and not more than 20 firearms; | ||||||
12 | (3) is guilty of a Class X felony for which the | ||||||
13 | sentence shall be a term of imprisonment of not less than | ||||||
14 | 15 10 years and not more than 60 50 years if the transfer | ||||||
15 | is of more than 20 firearms. | ||||||
16 | A person who commits gunrunning by transferring firearms to a | ||||||
17 | person
who, at the time of the commission of the offense, is | ||||||
18 | under 18 years of age is
guilty of a Class X felony for which | ||||||
19 | the sentence shall be a term of imprisonment of no less than 6 | ||||||
20 | years and no more than 40 years .
| ||||||
21 | (Source: P.A. 93-906, eff. 8-11-04.)
| ||||||
22 | (720 ILCS 5/24-3B) | ||||||
23 | Sec. 24-3B. Firearms trafficking. | ||||||
24 | (a) A person commits firearms trafficking when he or she |
| |||||||
| |||||||
1 | has not been issued a currently valid Firearm Owner's | ||||||
2 | Identification Card and knowingly: | ||||||
3 | (1) brings, or causes to be brought, into this State, a | ||||||
4 | firearm or firearm ammunition for the purpose of sale, | ||||||
5 | delivery, or transfer to any other person or with the | ||||||
6 | intent to sell, deliver, or transfer the firearm or firearm | ||||||
7 | ammunition to any other person; or | ||||||
8 | (2) brings, or causes to be brought, into this State, a | ||||||
9 | firearm and firearm ammunition for the purpose of sale, | ||||||
10 | delivery, or transfer to any other person or with the | ||||||
11 | intent to sell, deliver, or transfer the firearm and | ||||||
12 | firearm ammunition to any other person. | ||||||
13 | (a-5) This Section does not apply to: | ||||||
14 | (1) a person exempt under Section 2 of the Firearm | ||||||
15 | Owners Identification Card Act from the requirement of | ||||||
16 | having possession of a Firearm Owner's Identification Card | ||||||
17 | previously issued in his or her name by the Department of | ||||||
18 | State Police in order to acquire or possess a firearm or | ||||||
19 | firearm ammunition; | ||||||
20 | (2) a common carrier under subsection (i) of Section | ||||||
21 | 24-2 of this Code; or | ||||||
22 | (3) a non-resident who may lawfully possess a firearm | ||||||
23 | in his or her resident state. | ||||||
24 | (b) Sentence. | ||||||
25 | (1) Firearms trafficking is a Class X 1 felony for | ||||||
26 | which the person, if sentenced to a term of imprisonment, |
| |||||||
| |||||||
1 | shall be sentenced to not less than 4 years and not more | ||||||
2 | than 20 years . | ||||||
3 | (2) Firearms trafficking by a person who has been | ||||||
4 | previously convicted of firearms trafficking, gunrunning, | ||||||
5 | or a felony offense for the unlawful sale, delivery, or | ||||||
6 | transfer of a firearm or firearm ammunition in this State | ||||||
7 | or another jurisdiction is a Class X felony for which the | ||||||
8 | person shall be sentenced to no less than 10 years and no | ||||||
9 | more than 60 years .
| ||||||
10 | (Source: P.A. 99-885, eff. 8-23-16.) | ||||||
11 | (720 ILCS 5/24-4.1)
| ||||||
12 | Sec. 24-4.1. Report of lost or stolen firearms.
| ||||||
13 | (a) If a person who possesses a valid Firearm Owner's | ||||||
14 | Identification Card and who possesses or acquires a firearm | ||||||
15 | thereafter loses the firearm, or if the firearm is stolen from | ||||||
16 | the person, the person must report the loss or theft to the | ||||||
17 | local law enforcement agency within 72 hours after obtaining | ||||||
18 | knowledge of the loss or theft. | ||||||
19 | (b) A law enforcement agency having jurisdiction shall take | ||||||
20 | a written report and shall, as soon as practical, enter the | ||||||
21 | firearm's serial number as stolen into the Law Enforcement | ||||||
22 | Agencies Data System (LEADS). | ||||||
23 | (c) A person shall not be in violation of this Section if: | ||||||
24 | (1) the failure to report is due to an act of God, act | ||||||
25 | of war, or inability of a law enforcement agency to receive |
| |||||||
| |||||||
1 | the report; | ||||||
2 | (2) the person is hospitalized, in a coma, or is | ||||||
3 | otherwise seriously physically or mentally impaired as to | ||||||
4 | prevent the person from reporting; or | ||||||
5 | (3) the person's designee makes a report if the person | ||||||
6 | is unable to make the report. | ||||||
7 | (d) Sentence. A person who violates this Section is guilty | ||||||
8 | of a Class A misdemeanor petty offense for a first violation. A | ||||||
9 | second or subsequent violation of this Section is a Class 4 | ||||||
10 | felony A misdemeanor .
| ||||||
11 | (Source: P.A. 98-508, eff. 8-19-13.)
| ||||||
12 | (720 ILCS 5/24-5) (from Ch. 38, par. 24-5)
| ||||||
13 | Sec. 24-5. Defacing
identification marks of firearms. | ||||||
14 | (a) Any person who shall knowingly or intentionally change, | ||||||
15 | alter,
remove or obliterate the name of
the importer's or | ||||||
16 | manufacturer's serial number of
any firearm commits a Class 1 2 | ||||||
17 | felony.
| ||||||
18 | (b) A person who possesses any firearm upon which any such | ||||||
19 | importer's or manufacturer's serial number has been
changed, | ||||||
20 | altered, removed or obliterated commits a Class 3 felony.
| ||||||
21 | (c) Nothing in this Section shall prevent a person from | ||||||
22 | making repairs, replacement of parts, or other changes to a | ||||||
23 | firearm if those repairs, replacement of parts, or changes | ||||||
24 | cause the removal of the name of the maker, model, or other | ||||||
25 | marks of identification other than the serial number on the |
| |||||||
| |||||||
1 | firearm's frame or receiver. | ||||||
2 | (d) A prosecution for a violation of this Section may be | ||||||
3 | commenced within 6 years after the commission of the offense.
| ||||||
4 | (Source: P.A. 93-906, eff. 8-11-04.)
| ||||||
5 | (720 ILCS 5/24-9)
| ||||||
6 | Sec. 24-9. Firearms; Child Protection.
| ||||||
7 | (a) Except as provided in
subsection (c), it is unlawful
| ||||||
8 | for any person to
store or leave, within premises under his or | ||||||
9 | her control, a firearm if
the
person knows or has reason to | ||||||
10 | believe that a minor under the age of 14
years who does not | ||||||
11 | have a Firearm Owners Identification Card is likely to gain
| ||||||
12 | access to the firearm without the lawful permission
of the | ||||||
13 | minor's parent, guardian, or person having charge of the minor, | ||||||
14 | and
the minor causes death or great bodily harm with the | ||||||
15 | firearm, unless
the firearm is:
| ||||||
16 | (1) secured by a device or mechanism, other than the | ||||||
17 | firearm safety,
designed to render a firearm temporarily | ||||||
18 | inoperable; or
| ||||||
19 | (2) placed in a securely locked box or container; or
| ||||||
20 | (3) placed in some other location that a reasonable | ||||||
21 | person would
believe to be secure from a minor under the | ||||||
22 | age of 14 years.
| ||||||
23 | (b) Sentence. A person who violates this Section is guilty | ||||||
24 | of a Class A C
misdemeanor and shall be fined not less than | ||||||
25 | $1,000. A second or subsequent
violation of this Section is a |
| |||||||
| |||||||
1 | Class 4 felony A misdemeanor .
| ||||||
2 | (c) Subsection (a) does not apply:
| ||||||
3 | (1) if the minor under 14 years of age gains access to | ||||||
4 | a
firearm and uses it in a lawful act of self-defense or | ||||||
5 | defense of another; or
| ||||||
6 | (2) to any firearm obtained by a minor under the age of | ||||||
7 | 14 because of
an unlawful entry of the premises by the | ||||||
8 | minor or another person.
| ||||||
9 | (d) For the purposes of this Section, "firearm" has the | ||||||
10 | meaning ascribed
to it in Section 1.1 of the Firearm Owners | ||||||
11 | Identification Card Act.
| ||||||
12 | (Source: P.A. 91-18, eff. 1-1-00.)
|