101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB5234

 

Introduced , by Rep. Grant Wehrli

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/24-1  from Ch. 38, par. 24-1
720 ILCS 5/24-1.1  from Ch. 38, par. 24-1.1
720 ILCS 5/24-1.2  from Ch. 38, par. 24-1.2
720 ILCS 5/24-1.2-5
720 ILCS 5/24-1.5
720 ILCS 5/24-1.6
720 ILCS 5/24-1.8
720 ILCS 5/24-3  from Ch. 38, par. 24-3
720 ILCS 5/24-3.1  from Ch. 38, par. 24-3.1
720 ILCS 5/24-3.3  from Ch. 38, par. 24-3.3
720 ILCS 5/24-3.5
720 ILCS 5/24-3.7
720 ILCS 5/24-3.8
720 ILCS 5/24-3.9
720 ILCS 5/24-3A
720 ILCS 5/24-3B
720 ILCS 5/24-4.1
720 ILCS 5/24-5  from Ch. 38, par. 24-5
720 ILCS 5/24-9

    Amends the Criminal Code of 2012. Enhances various penalties for firearm offenses by at least one class. Increases mandatory minimum and maximum terms of imprisonment for various firearm offenses.


LRB101 17709 RLC 67136 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB5234LRB101 17709 RLC 67136 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 2012 is amended by changing
5Sections 24-1, 24-1.1, 24-1.2, 24-1.2-5, 24-1.5, 24-1.6,
624-1.8, 24-3, 24-3.1, 24-3.3, 24-3.5, 24-3.7, 24-3.8, 24-3.9,
724-3A, 24-3B, 24-4.1, 24-5, and 24-9 as follows:
 
8    (720 ILCS 5/24-1)  (from Ch. 38, par. 24-1)
9    Sec. 24-1. Unlawful use of weapons.
10    (a) A person commits the offense of unlawful use of weapons
11when 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,

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

HB5234- 7 -LRB101 17709 RLC 67136 b

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
5subsection 24-1(a)(1) through 24-1(a)(3) and 24-1(a)(5),
6subsection 24-1(a)(10), subsection 24-1(a)(11), or subsection
724-1(a)(13) commits a Class A misdemeanor. A person convicted
8of a violation of subsection 24-1(a)(8) or 24-1(a)(9) commits a
9Class 4 felony; a person convicted of a violation of subsection
1024-1(a)(6) or 24-1(a)(7)(ii) or (iii) commits a Class 3 felony.
11A person convicted of a violation of subsection 24-1(a)(8)
12commits a Class 3 felony. A person convicted of a second or
13subsequent violation of subsection 24-1(a)(8) commits a Class 2
14felony. A person convicted of a violation of subsection
1524-1(a)(7)(i) commits a Class 1 2 felony and shall be sentenced
16to a term of imprisonment of not less than 4 3 years and not
17more than 15 7 years, unless the weapon is possessed in the
18passenger compartment of a motor vehicle as defined in Section
191-146 of the Illinois Vehicle Code, or on the person, while the
20weapon is loaded, in which case it shall be a Class X felony
21and the person shall be sentenced to a term of imprisonment of
22not less than 6 years and not more than 40 years. A person
23convicted of a second or subsequent violation of subsection
2424-1(a)(4), 24-1(a)(8), 24-1(a)(9), or 24-1(a)(10) commits a
25Class 3 felony. A person convicted of a violation of subsection
2624-1(a)(4) commits a Class 4 felony. A person convicted of a

 

 

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1second or subsequent violation of subsection 24-1(a)(4)
2commits a Class 2 felony. A person convicted of a violation of
3subsection 24-1(a)(7)(ii) commits a Class 2 felony. A person
4convicted of a violation of subsection 24-1(a)(2.5) commits a
5Class 1 2 felony. The possession of each weapon in violation
6of 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

 

 

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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

 

 

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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),

 

 

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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

 

 

HB5234- 12 -LRB101 17709 RLC 67136 b

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
20omnibus of any weapon, instrument or substance referred to in
21subsection (a)(7) is prima facie evidence that it is in the
22possession of, and is being carried by, all persons occupying
23such automobile at the time such weapon, instrument or
24substance is found, except under the following circumstances:
25(i) if such weapon, instrument or instrumentality is found upon
26the person of one of the occupants therein; or (ii) if such

 

 

HB5234- 13 -LRB101 17709 RLC 67136 b

1weapon, instrument or substance is found in an automobile
2operated for hire by a duly licensed driver in the due, lawful
3and proper pursuit of his or her trade, then such presumption
4shall 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
24felons or persons in the custody of the Department of
25Corrections facilities.

 

 

HB5234- 14 -LRB101 17709 RLC 67136 b

1    (a) It is unlawful for a person to knowingly possess on or
2about his person or on his land or in his own abode or fixed
3place of business any weapon prohibited under Section 24-1 of
4this Act or any firearm or any firearm ammunition if the person
5has been convicted of a felony under the laws of this State or
6any other jurisdiction. This Section shall not apply if the
7person has been granted relief by the Director of the
8Department of State Police under Section 10 of the Firearm
9Owners Identification Card Act.
10    (b) It is unlawful for any person confined in a penal
11institution, which is a facility of the Illinois Department of
12Corrections, to possess any weapon prohibited under Section
1324-1 of this Code or any firearm or firearm ammunition,
14regardless of the intent with which he possesses it.
15    (c) It shall be an affirmative defense to a violation of
16subsection (b), that such possession was specifically
17authorized by rule, regulation, or directive of the Illinois
18Department of Corrections or order issued pursuant thereto.
19    (d) The defense of necessity is not available to a person
20who is charged with a violation of subsection (b) of this
21Section.
22    (e) Sentence. Violation of this Section by a person not
23confined in a penal institution shall be a Class 2 3 felony for
24which the person shall be sentenced to no less than 3 2 years
25and no more than 10 years. A second or subsequent violation of
26this Section shall be a Class 1 2 felony for which the person

 

 

HB5234- 15 -LRB101 17709 RLC 67136 b

1shall be sentenced to a term of imprisonment of not less than 4
23 years and not more than 30 14 years, except as provided for
3in Section 5-4.5-110 of the Unified Code of Corrections.
4Violation of this Section by a person not confined in a penal
5institution who has been convicted of a forcible felony, a
6felony violation of Article 24 of this Code or of the Firearm
7Owners Identification Card Act, stalking or aggravated
8stalking, or a Class 2 or greater felony under the Illinois
9Controlled Substances Act, the Cannabis Control Act, or the
10Methamphetamine Control and Community Protection Act is a Class
111 2 felony for which the person shall be sentenced to not less
12than 4 3 years and not more than 30 14 years, except as
13provided for in Section 5-4.5-110 of the Unified Code of
14Corrections. Violation of this Section by a person who is on
15parole or mandatory supervised release is a Class 1 2 felony
16for which the person shall be sentenced to not less than 4 3
17years and not more than 30 14 years, except as provided for in
18Section 5-4.5-110 of the Unified Code of Corrections. Violation
19of this Section by a person not confined in a penal institution
20is a Class X felony for which the person shall be sentenced to
21not less than 6 years and not more than 40 years when the
22firearm possessed is a machine gun. Any person who violates
23this Section while confined in a penal institution, which is a
24facility of the Illinois Department of Corrections, is guilty
25of a Class X 1 felony for which the person shall be sentenced
26to not less than 6 years and not more than 40 years, if he

 

 

HB5234- 16 -LRB101 17709 RLC 67136 b

1possesses any weapon prohibited under Section 24-1 of this Code
2regardless of the intent with which he possesses it, a Class X
3felony if he possesses any firearm, firearm ammunition or
4explosive, and a Class X felony for which the offender shall be
5sentenced to not less than 14 12 years and not more than 60 50
6years when the firearm possessed is a machine gun. A violation
7of this Section while wearing or in possession of body armor as
8defined in Section 33F-1 is a Class X felony punishable by a
9term of imprisonment of not less than 14 10 years and up to
10natural life imprisonment not more than 40 years. The
11possession of each firearm or firearm ammunition in violation
12of 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
17he 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

 

 

HB5234- 17 -LRB101 17709 RLC 67136 b

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

 

 

HB5234- 18 -LRB101 17709 RLC 67136 b

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.

 

 

HB5234- 19 -LRB101 17709 RLC 67136 b

1    (b) A violation of subsection (a)(1) or subsection (a)(2)
2of this Section is a Class X 1 felony. A violation of
3subsection (a)(1) or (a)(2) of this Section committed in a
4school, on the real property comprising a school, within 1,000
5feet of the real property comprising a school, at a school
6related activity or on or within 1,000 feet of any conveyance
7owned, leased, or contracted by a school to transport students
8to or from school or a school related activity, regardless of
9the time of day or time of year that the offense was committed
10is a Class X felony for which the person shall be sentenced to
11not less than 6 years and not more than 40 years. A violation
12of subsection (a)(3), (a)(4), (a)(5), (a)(6), (a)(7), (a)(8),
13or (a)(9) of this Section is a Class X felony for which the
14sentence shall be a term of imprisonment of no less than 12 10
15years and not more than 60 45 years.
16    (c) For purposes of this Section:
17    "Emergency medical services personnel" has the meaning
18specified in Section 3.5 of the Emergency Medical Services
19(EMS) Systems Act and shall include all ambulance crew members,
20including drivers or pilots.
21    "School" means a public or private elementary or secondary
22school, community college, college, or university.
23    "School related activity" means any sporting, social,
24academic, or other activity for which students' attendance or
25participation is sponsored, organized, or funded in whole or in
26part by a school or school district.

 

 

HB5234- 20 -LRB101 17709 RLC 67136 b

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
4firearm equipped with a device designed or used for silencing
5the report of a firearm.
6    (a) A person commits aggravated discharge of a machine gun
7or a firearm equipped with a device designed or used for
8silencing the report of a firearm when he or she knowingly or
9intentionally:
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

 

 

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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

 

 

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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

 

 

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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)
5of 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
7Section is a Class X felony for which the sentence shall be a
8term of imprisonment of no less than 14 12 years and no more
9than 60 50 years. A violation of subsection (a)(1) or
10subsection (a)(2) of this Section committed on school grounds
11is is a Class X felony for which the sentence shall be a term of
12imprisonment 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
22serving as a member of a tactical response team or special
23operations team. A peace officer may not personally own or
24apply for ownership of a device or attachment of any kind
25designed, used, or intended for use in silencing the report of
26any firearm. These devices shall be owned and maintained by

 

 

HB5234- 24 -LRB101 17709 RLC 67136 b

1lawfully recognized units of government whose duties include
2the 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
7discharging a firearm in a reckless manner which endangers the
8bodily safety of an individual.
9    (b) If the conduct described in subsection (a) is committed
10by a passenger of a moving motor vehicle with the knowledge and
11consent of the driver of the motor vehicle the driver is
12accountable 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
15the 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
20of 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

 

 

HB5234- 25 -LRB101 17709 RLC 67136 b

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

 

 

HB5234- 26 -LRB101 17709 RLC 67136 b

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

 

 

HB5234- 27 -LRB101 17709 RLC 67136 b

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
10given to it in Section 5 of the Firearm Concealed Carry Act.
11    (b) "Stun gun or taser" as used in this Section has the
12same definition given to it in Section 24-1 of this Code.
13    (c) This Section does not apply to or affect the
14transportation 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

 

 

HB5234- 28 -LRB101 17709 RLC 67136 b

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

 

 

HB5234- 29 -LRB101 17709 RLC 67136 b

1Section 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
5gang member.
6    (a) A person commits unlawful possession of a firearm by a
7street 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
23member is a Class 1 2 felony for which the person, if sentenced
24to a term of imprisonment, shall be sentenced to no less than 4
253 years and no more than 30 10 years. A period of probation, a

 

 

HB5234- 30 -LRB101 17709 RLC 67136 b

1term of periodic imprisonment or conditional discharge shall
2not be imposed for the offense of unlawful possession of a
3firearm by a street gang member when the firearm was loaded or
4contained firearm ammunition and the court shall sentence the
5offender to not less than the minimum term of imprisonment
6authorized for the Class 1 2 felony for which the person shall
7be 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
19delivery of firearms when he or she knowingly does any of the
20following:
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

 

 

HB5234- 31 -LRB101 17709 RLC 67136 b

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

 

 

HB5234- 32 -LRB101 17709 RLC 67136 b

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

 

 

HB5234- 33 -LRB101 17709 RLC 67136 b

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

 

 

HB5234- 34 -LRB101 17709 RLC 67136 b

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,

 

 

HB5234- 35 -LRB101 17709 RLC 67136 b

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

 

 

HB5234- 36 -LRB101 17709 RLC 67136 b

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
20firearms sold within 6 months after enactment of Public Act
2178-355 (approved August 21, 1973, effective October 1, 1973),
22nor is any firearm legally owned or possessed by any citizen or
23purchased by any citizen within 6 months after the enactment of
24Public Act 78-355 subject to confiscation or seizure under the
25provisions of that Public Act. Nothing in Public Act 78-355
26shall be construed to prohibit the gift or trade of any firearm

 

 

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1if that firearm was legally held or acquired within 6 months
2after 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

 

 

HB5234- 38 -LRB101 17709 RLC 67136 b

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

 

 

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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

 

 

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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

 

 

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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
6school, community college, college, or university.
7    "School related activity" means any sporting, social,
8academic, or other activity for which students' attendance or
9participation is sponsored, organized, or funded in whole or in
10part by a school or school district.
11    (E) A prosecution for a violation of paragraph (k) of
12subsection (A) of this Section may be commenced within 6 years
13after the commission of the offense. A prosecution for a
14violation of this Section other than paragraph (g) of
15subsection (A) of this Section may be commenced within 5 years
16after the commission of the offense defined in the particular
17paragraph.
18(Source: P.A. 99-29, eff. 7-10-15; 99-143, eff. 7-27-15;
1999-642, 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
22ammunition.
23    (a) A person commits the offense of unlawful possession of
24firearms or firearm ammunition when:
25        (1) He is under 18 years of age and has in his

 

 

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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

 

 

HB5234- 43 -LRB101 17709 RLC 67136 b

1        (6) He has in his possession any explosive bullet.
2    For purposes of this paragraph "explosive bullet" means the
3projectile portion of an ammunition cartridge which contains or
4carries an explosive charge which will explode upon contact
5with the flesh of a human or an animal. "Cartridge" means a
6tubular metal case having a projectile affixed at the front
7thereof and a cap or primer at the rear end thereof, with the
8propellant contained in such tube between the projectile and
9the cap.
10    (b) Sentence.
11    Unlawful possession of firearms, other than handguns, and
12firearm ammunition is a Class 4 felony A misdemeanor. Unlawful
13possession of handguns is a Class 3 4 felony. The possession of
14each firearm or firearm ammunition in violation of this Section
15constitutes a single and separate violation.
16    (c) Nothing in paragraph (1) of subsection (a) of this
17Section prohibits a person under 18 years of age from
18participating in any lawful recreational activity with a
19firearm such as, but not limited to, practice shooting at
20targets upon established public or private target ranges or
21hunting, trapping, or fishing in accordance with the Wildlife
22Code 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

 

 

HB5234- 44 -LRB101 17709 RLC 67136 b

1Premises of Any School, regardless of the time of day or the
2time of year, or any conveyance owned, leased or contracted by
3a school to transport students to or from school or a school
4related activity, or residential property owned, operated or
5managed by a public housing agency. Any person 18 years of age
6or older who sells, gives or delivers any firearm to any person
7under 18 years of age in any school, regardless of the time of
8day or the time of year or residential property owned, operated
9or managed by a public housing agency or leased by a public
10housing agency as part of a scattered site or mixed-income
11development, on the real property comprising any school,
12regardless of the time of day or the time of year or
13residential property owned, operated or managed by a public
14housing agency or leased by a public housing agency as part of
15a scattered site or mixed-income development commits a Class 2
163 felony. School is defined, for the purposes of this Section,
17as any public or private elementary or secondary school,
18community college, college or university. This does not apply
19to peace officers or to students carrying or possessing
20firearms for use in school training courses, parades, target
21shooting on school ranges, or otherwise with the consent of
22school authorities and which firearms are transported unloaded
23and 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)

 

 

HB5234- 45 -LRB101 17709 RLC 67136 b

1    Sec. 24-3.5. Unlawful purchase of a firearm.
2    (a) For purposes of this Section, "firearms transaction
3record 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
18firearm who knowingly purchases or attempts to purchase a
19firearm with the intent to deliver that firearm to another
20person who is prohibited by federal or State law from
21possessing a firearm.
22    (c) A person commits the offense of unlawful purchase of a
23firearm when he or she, in purchasing or attempting to purchase
24a firearm, intentionally provides false or misleading
25information on a United States Department of the Treasury,
26Bureau of Alcohol, Tobacco and Firearms firearms transaction

 

 

HB5234- 46 -LRB101 17709 RLC 67136 b

1record form.
2    (d) Exemption. It is not a violation of subsection (b) of
3this Section for a person to make a gift or loan of a firearm to
4a person who is not prohibited by federal or State law from
5possessing a firearm if the transfer of the firearm is made in
6accordance with Section 3 of the Firearm Owners Identification
7Card 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

 

 

HB5234- 47 -LRB101 17709 RLC 67136 b

1    each violation.
2    (f) A prosecution for unlawful purchase of a firearm may be
3commenced 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
7an offense.
8    (a) A person commits the offense of use of a stolen firearm
9in the commission of an offense when he or she knowingly uses a
10stolen firearm in the commission of any offense and the person
11knows that the firearm was stolen.
12    (b) Sentence. Use of a stolen firearm in the commission of
13an 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
18or she, not being entitled to the possession of a firearm,
19possesses the firearm, knowing it to have been stolen or
20converted. The trier of fact may infer that a person who
21possesses a firearm with knowledge that its serial number has
22been removed or altered has knowledge that the firearm is
23stolen or converted.
24    (b) Possession of a stolen firearm is a Class 1 2 felony.

 

 

HB5234- 48 -LRB101 17709 RLC 67136 b

1(Source: P.A. 97-597, eff. 1-1-12; incorporates 97-347, eff.
21-1-12; 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
6firearm 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

 

 

HB5234- 49 -LRB101 17709 RLC 67136 b

1    stolen or converted.
2    (b) The trier of fact may infer that a person who possesses
3a firearm with knowledge that its serial number has been
4removed or altered has knowledge that the firearm is stolen or
5converted.
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.
261-1-12; 97-1109, eff. 1-1-13.)
 

 

 

HB5234- 50 -LRB101 17709 RLC 67136 b

1    (720 ILCS 5/24-3A)
2    Sec. 24-3A. Gunrunning.
3    (a) A person commits gunrunning when he or she transfers 3
4or more firearms in violation of any of the paragraphs of
5Section 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.
16A person who commits gunrunning by transferring firearms to a
17person who, at the time of the commission of the offense, is
18under 18 years of age is guilty of a Class X felony for which
19the sentence shall be a term of imprisonment of no less than 6
20years 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

 

 

HB5234- 51 -LRB101 17709 RLC 67136 b

1has not been issued a currently valid Firearm Owner's
2Identification 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,

 

 

HB5234- 52 -LRB101 17709 RLC 67136 b

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
14Identification Card and who possesses or acquires a firearm
15thereafter loses the firearm, or if the firearm is stolen from
16the person, the person must report the loss or theft to the
17local law enforcement agency within 72 hours after obtaining
18knowledge of the loss or theft.
19    (b) A law enforcement agency having jurisdiction shall take
20a written report and shall, as soon as practical, enter the
21firearm's serial number as stolen into the Law Enforcement
22Agencies 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

 

 

HB5234- 53 -LRB101 17709 RLC 67136 b

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
8of a Class A misdemeanor petty offense for a first violation. A
9second or subsequent violation of this Section is a Class 4
10felony 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,
15alter, remove or obliterate the name of the importer's or
16manufacturer's serial number of any firearm commits a Class 1 2
17felony.
18    (b) A person who possesses any firearm upon which any such
19importer's or manufacturer's serial number has been changed,
20altered, removed or obliterated commits a Class 3 felony.
21    (c) Nothing in this Section shall prevent a person from
22making repairs, replacement of parts, or other changes to a
23firearm if those repairs, replacement of parts, or changes
24cause the removal of the name of the maker, model, or other
25marks of identification other than the serial number on the

 

 

HB5234- 54 -LRB101 17709 RLC 67136 b

1firearm's frame or receiver.
2    (d) A prosecution for a violation of this Section may be
3commenced 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
8for any person to store or leave, within premises under his or
9her control, a firearm if the person knows or has reason to
10believe that a minor under the age of 14 years who does not
11have a Firearm Owners Identification Card is likely to gain
12access to the firearm without the lawful permission of the
13minor's parent, guardian, or person having charge of the minor,
14and the minor causes death or great bodily harm with the
15firearm, 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
24of 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

 

 

HB5234- 55 -LRB101 17709 RLC 67136 b

1Class 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
10meaning ascribed to it in Section 1.1 of the Firearm Owners
11Identification Card Act.
12(Source: P.A. 91-18, eff. 1-1-00.)