| ||||||||||||||||||||||||
| ||||||||||||||||||||||||
| ||||||||||||||||||||||||
| ||||||||||||||||||||||||
| ||||||||||||||||||||||||
1 | AN ACT concerning firearms and firearm ammunition.
| |||||||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois,
| |||||||||||||||||||||||
3 | represented in the General Assembly:
| |||||||||||||||||||||||
4 | Section 5. The Firearm Owners Identification Card Act is | |||||||||||||||||||||||
5 | amended by changing Sections 1.1 and 3a as follows:
| |||||||||||||||||||||||
6 | (430 ILCS 65/1.1) (from Ch. 38, par. 83-1.1)
| |||||||||||||||||||||||
7 | Sec. 1.1. For purposes of this Act:
| |||||||||||||||||||||||
8 | "Addicted to narcotics" means a person who has been: | |||||||||||||||||||||||
9 | (1) convicted of an offense involving the use or | |||||||||||||||||||||||
10 | possession of cannabis, a controlled substance, or | |||||||||||||||||||||||
11 | methamphetamine within the past year; or | |||||||||||||||||||||||
12 | (2) determined by the Department of State Police to be | |||||||||||||||||||||||
13 | addicted to narcotics based upon federal law or federal | |||||||||||||||||||||||
14 | guidelines. | |||||||||||||||||||||||
15 | "Addicted to narcotics" does not include possession or use | |||||||||||||||||||||||
16 | of a prescribed controlled substance under the direction and | |||||||||||||||||||||||
17 | authority of a physician or other person authorized to | |||||||||||||||||||||||
18 | prescribe the controlled substance when the controlled | |||||||||||||||||||||||
19 | substance is used in the prescribed manner. | |||||||||||||||||||||||
20 | "Adjudicated as a mentally disabled person" means the | |||||||||||||||||||||||
21 | person is the subject of a determination by a court, board, | |||||||||||||||||||||||
22 | commission or other lawful authority that the person, as a | |||||||||||||||||||||||
23 | result of marked subnormal intelligence, or mental illness, |
| |||||||
| |||||||
1 | mental impairment, incompetency, condition, or disease: | ||||||
2 | (1) presents a clear and present danger to himself, | ||||||
3 | herself, or to others; | ||||||
4 | (2) lacks the mental capacity to manage his or her own | ||||||
5 | affairs or is adjudicated a disabled person as defined in | ||||||
6 | Section 11a-2 of the Probate Act of 1975; | ||||||
7 | (3) is not guilty in a criminal case by reason of | ||||||
8 | insanity, mental disease or defect; | ||||||
9 | (3.5) is guilty but mentally ill, as provided in | ||||||
10 | Section 5-2-6 of the Unified Code of Corrections; | ||||||
11 | (4) is incompetent to stand trial in a criminal case; | ||||||
12 | (5) is not guilty by reason of lack of mental | ||||||
13 | responsibility under Articles 50a and 72b of the Uniform | ||||||
14 | Code of Military Justice, 10 U.S.C. 850a, 876b;
| ||||||
15 | (6) is a sexually violent person under subsection (f) | ||||||
16 | of Section 5 of the Sexually Violent Persons Commitment | ||||||
17 | Act; | ||||||
18 | (7) is a sexually dangerous person under the Sexually | ||||||
19 | Dangerous Persons Act; | ||||||
20 | (8) is unfit to stand trial under the Juvenile Court | ||||||
21 | Act of 1987; | ||||||
22 | (9) is not guilty by reason of insanity under the | ||||||
23 | Juvenile Court Act of 1987; | ||||||
24 | (10) is subject to involuntary admission as an | ||||||
25 | inpatient as defined in Section 1-119 of the Mental Health | ||||||
26 | and Developmental Disabilities Code; |
| |||||||
| |||||||
1 | (11) is subject to involuntary admission as an | ||||||
2 | outpatient as defined in Section 1-119.1 of the Mental | ||||||
3 | Health and Developmental Disabilities Code; | ||||||
4 | (12) is subject to judicial admission as set forth in | ||||||
5 | Section 4-500 of the Mental Health and Developmental | ||||||
6 | Disabilities Code; or | ||||||
7 | (13) is subject to the provisions of the Interstate | ||||||
8 | Agreements on Sexually Dangerous Persons Act. | ||||||
9 | "Clear and present danger" means a person who: | ||||||
10 | (1) communicates a serious threat of physical violence | ||||||
11 | against a reasonably identifiable victim or poses a clear | ||||||
12 | and imminent risk of serious physical injury to himself, | ||||||
13 | herself, or another person as determined by a physician, | ||||||
14 | clinical psychologist, or qualified examiner; or | ||||||
15 | (2) demonstrates threatening physical or verbal | ||||||
16 | behavior, such as violent, suicidal, or assaultive | ||||||
17 | threats, actions, or other behavior, as determined by a | ||||||
18 | physician, clinical psychologist, qualified examiner, | ||||||
19 | school administrator, or law enforcement official. | ||||||
20 | "Clinical psychologist" has the meaning provided in | ||||||
21 | Section 1-103 of the Mental Health and Developmental | ||||||
22 | Disabilities Code. | ||||||
23 | "Controlled substance" means a controlled substance or | ||||||
24 | controlled substance analog as defined in the Illinois | ||||||
25 | Controlled Substances Act. | ||||||
26 | "Counterfeit" means to copy or imitate, without legal |
| |||||||
| |||||||
1 | authority, with
intent
to deceive. | ||||||
2 | "Developmentally disabled" means a disability which is | ||||||
3 | attributable to any other condition which results in impairment | ||||||
4 | similar to that caused by an intellectual disability and which | ||||||
5 | requires services similar to those required by intellectually | ||||||
6 | disabled persons. The disability must originate before the age | ||||||
7 | of 18
years, be expected to continue indefinitely, and | ||||||
8 | constitute a substantial handicap. | ||||||
9 | "Federally licensed firearm dealer" means a person who is | ||||||
10 | licensed as a federal firearms dealer under Section 923 of the | ||||||
11 | federal Gun Control Act of 1968 (18 U.S.C. 923).
| ||||||
12 | "Firearm" means any device, by
whatever name known, which | ||||||
13 | is designed to expel a projectile or projectiles
by the action | ||||||
14 | of an explosion, expansion of gas or escape of gas; excluding,
| ||||||
15 | however:
| ||||||
16 | (1) any pneumatic gun, spring gun, paint ball gun, or | ||||||
17 | B-B gun which
expels a single globular projectile not | ||||||
18 | exceeding .18 inch in
diameter or which has a maximum | ||||||
19 | muzzle velocity of less than 700 feet
per second;
| ||||||
20 | (1.1) any pneumatic gun, spring gun, paint ball gun, or | ||||||
21 | B-B gun which expels breakable paint balls containing | ||||||
22 | washable marking colors;
| ||||||
23 | (2) any device used exclusively for signalling or | ||||||
24 | safety and required or
recommended by the United States | ||||||
25 | Coast Guard or the Interstate Commerce
Commission;
| ||||||
26 | (3) any device used exclusively for the firing of stud |
| |||||||
| |||||||
1 | cartridges,
explosive rivets or similar industrial | ||||||
2 | ammunition; and
| ||||||
3 | (4) an antique firearm (other than a machine-gun) | ||||||
4 | which, although
designed as a weapon, the Department of | ||||||
5 | State Police finds by reason of
the date of its | ||||||
6 | manufacture, value, design, and other characteristics is
| ||||||
7 | primarily a collector's item and is not likely to be used | ||||||
8 | as a weapon.
| ||||||
9 | "Firearm ammunition" means any self-contained cartridge or | ||||||
10 | shotgun
shell, by whatever name known, which is designed to be | ||||||
11 | used or adaptable to
use in a firearm; excluding, however:
| ||||||
12 | (1) any ammunition exclusively designed for use with a | ||||||
13 | device used
exclusively for signalling or safety and | ||||||
14 | required or recommended by the
United States Coast Guard or | ||||||
15 | the Interstate Commerce Commission; and
| ||||||
16 | (2) any ammunition designed exclusively for use with a | ||||||
17 | stud or rivet
driver or other similar industrial | ||||||
18 | ammunition. | ||||||
19 | "Gun show" means an event or function: | ||||||
20 | (1) at which the sale and transfer of firearms is the | ||||||
21 | regular and normal course of business and where 50 or more | ||||||
22 | firearms are displayed, offered, or exhibited for sale, | ||||||
23 | transfer, or exchange; or | ||||||
24 | (2) at which not less than 10 gun show vendors display, | ||||||
25 | offer, or exhibit for sale, sell, transfer, or exchange | ||||||
26 | firearms.
|
| |||||||
| |||||||
1 | "Gun show" includes the entire premises provided for an | ||||||
2 | event or function, including parking areas for the event or | ||||||
3 | function, that is sponsored to facilitate the purchase, sale, | ||||||
4 | transfer, or exchange of firearms as described in this Section.
| ||||||
5 | Nothing in this definition shall be construed to exclude a gun | ||||||
6 | show held in conjunction with competitive shooting events at | ||||||
7 | the World Shooting Complex sanctioned by a national governing | ||||||
8 | body in which the sale or transfer of firearms is authorized | ||||||
9 | under subparagraph (5) of paragraph (g) of subsection (A) of | ||||||
10 | Section 24-3 of the Criminal Code of 2012. | ||||||
11 | "Gun show" does not include training or safety classes, | ||||||
12 | competitive shooting events, such as rifle, shotgun, or handgun | ||||||
13 | matches, trap, skeet, or sporting clays shoots, dinners, | ||||||
14 | banquets, raffles, or
any other event where the sale or | ||||||
15 | transfer of firearms is not the primary course of business. | ||||||
16 | "Gun show promoter" means a person who organizes or | ||||||
17 | operates a gun show. | ||||||
18 | "Gun show vendor" means a person who exhibits, sells, | ||||||
19 | offers for sale, transfers, or exchanges any firearms at a gun | ||||||
20 | show, regardless of whether the person arranges with a gun show | ||||||
21 | promoter for a fixed location from which to exhibit, sell, | ||||||
22 | offer for sale, transfer, or exchange any firearm. | ||||||
23 | "Intellectually disabled" means significantly subaverage | ||||||
24 | general intellectual functioning which exists concurrently | ||||||
25 | with impairment in adaptive behavior and which originates | ||||||
26 | before the age of 18 years. |
| |||||||
| |||||||
1 | "Involuntarily admitted" has the meaning as prescribed in | ||||||
2 | Sections 1-119 and 1-119.1 of the Mental Health and | ||||||
3 | Developmental Disabilities Code. | ||||||
4 | "Mental health facility" means any licensed private | ||||||
5 | hospital or hospital affiliate, institution, or facility, or | ||||||
6 | part thereof, and any facility, or part thereof, operated by | ||||||
7 | the State or a political subdivision thereof which provide | ||||||
8 | treatment of persons with mental illness and includes all | ||||||
9 | hospitals, institutions, clinics, evaluation facilities, | ||||||
10 | mental health centers, colleges, universities, long-term care | ||||||
11 | facilities, and nursing homes, or parts thereof, which provide | ||||||
12 | treatment of persons with mental illness whether or not the | ||||||
13 | primary purpose is to provide treatment of persons with mental | ||||||
14 | illness. | ||||||
15 | "Patient" means: | ||||||
16 | (1) a person who voluntarily receives mental health | ||||||
17 | treatment as an in-patient or resident of any public or | ||||||
18 | private mental health facility, unless the treatment was | ||||||
19 | solely for an alcohol abuse disorder and no other secondary | ||||||
20 | substance abuse disorder or mental illness; or | ||||||
21 | (2) a person who voluntarily receives mental health | ||||||
22 | treatment as an out-patient or is provided services by a | ||||||
23 | public or private mental health facility, and who poses a | ||||||
24 | clear and present danger to himself, herself, or to others. | ||||||
25 | "Physician" has the meaning as defined in Section 1-120 of | ||||||
26 | the Mental Health and Developmental Disabilities Code. |
| |||||||
| |||||||
1 | "Qualified examiner" has the meaning provided in Section | ||||||
2 | 1-122 of the Mental Health and Developmental Disabilities Code. | ||||||
3 | "Sanctioned competitive shooting event" means a shooting | ||||||
4 | contest officially recognized by a national or state shooting | ||||||
5 | sport association, and includes any sight-in or practice | ||||||
6 | conducted in conjunction with the event.
| ||||||
7 | "School administrator" means the person required to report | ||||||
8 | under the School Administrator Reporting of Mental Health Clear | ||||||
9 | and Present Danger Determinations Law. | ||||||
10 | "Stun gun or taser" has the meaning ascribed to it in | ||||||
11 | Section 24-1 of the Criminal Code of 2012. | ||||||
12 | (Source: P.A. 97-776, eff. 7-13-12; 97-1150, eff. 1-25-13; | ||||||
13 | 97-1167, eff. 6-1-13; 98-63, eff. 7-9-13.)
| ||||||
14 | (430 ILCS 65/3a) (from Ch. 38, par. 83-3a)
| ||||||
15 | Sec. 3a. (a) Any resident of Illinois who has obtained a | ||||||
16 | firearm
owner's identification card pursuant to this Act and | ||||||
17 | who is not otherwise
prohibited from obtaining, possessing or | ||||||
18 | using a firearm may purchase or
obtain a rifle or shotgun or | ||||||
19 | ammunition for a rifle or shotgun in Iowa,
Missouri, Indiana, | ||||||
20 | Wisconsin or Kentucky.
| ||||||
21 | (b) Any resident of Iowa, Missouri, Indiana, Wisconsin or | ||||||
22 | Kentucky
or a
non-resident with a valid non-resident hunting | ||||||
23 | license, who
is 18 years of age or older and who is not | ||||||
24 | prohibited by the laws of
Illinois, the state of his domicile, | ||||||
25 | or the United States from obtaining,
possessing or using a |
| |||||||
| |||||||
1 | firearm, may purchase or obtain a rifle,
shotgun or
ammunition | ||||||
2 | for a rifle or shotgun in Illinois.
| ||||||
3 | (b-5) Any non-resident who is participating in a sanctioned | ||||||
4 | competitive
shooting
event, who is 18 years of age or older and | ||||||
5 | who is not prohibited by the laws of
Illinois,
the state of his | ||||||
6 | or her domicile, or the United States from obtaining,
| ||||||
7 | possessing, or using
a firearm, may purchase or obtain a | ||||||
8 | shotgun or shotgun ammunition in Illinois
for the
purpose of | ||||||
9 | participating in that event. A person may purchase or obtain a
| ||||||
10 | shotgun or
shotgun ammunition under this subsection only at the | ||||||
11 | site where the sanctioned
competitive shooting event is being | ||||||
12 | held.
| ||||||
13 | (b-10) Any non-resident registered participant of a | ||||||
14 | competitive shooting
event held at the World Shooting Complex | ||||||
15 | sanctioned by a national governing
body, who is not prohibited | ||||||
16 | by the laws of Illinois, the state of his or her
domicile, or | ||||||
17 | the United States from obtaining, possessing, or using a | ||||||
18 | firearm
may purchase or obtain a rifle, shotgun, or other long | ||||||
19 | gun or ammunition for
a rifle, shotgun, or other long gun at | ||||||
20 | the competitive shooting event. The
sanctioning body shall | ||||||
21 | provide a list of registered participants as required
under | ||||||
22 | subparagraph (5) of paragraph (g) of subsection (A) of Section | ||||||
23 | 24-3 of the Criminal Code of 2012. | ||||||
24 | (c) Any transaction under this Section is subject to the | ||||||
25 | provisions of
the Gun Control Act of 1968 (18 U.S.C. 922 | ||||||
26 | (b)(3)).
|
| |||||||
| |||||||
1 | (Source: P.A. 94-353, eff. 7-29-05.)
| ||||||
2 | Section 10. The Criminal Code of 2012 is amended by | ||||||
3 | changing Section 24-3 as follows:
| ||||||
4 | (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
| ||||||
5 | Sec. 24-3. Unlawful sale or delivery of firearms.
| ||||||
6 | (A) A person commits the offense of unlawful sale or | ||||||
7 | delivery of firearms when he
or she knowingly does any of the | ||||||
8 | following:
| ||||||
9 | (a) Sells or gives any firearm of a size which may be | ||||||
10 | concealed upon the
person to any person under 18 years of | ||||||
11 | age.
| ||||||
12 | (b) Sells or gives any firearm to a person under 21 | ||||||
13 | years of age who has
been convicted of a misdemeanor other | ||||||
14 | than a traffic offense or adjudged
delinquent.
| ||||||
15 | (c) Sells or gives any firearm to any narcotic addict.
| ||||||
16 | (d) Sells or gives any firearm to any person who has | ||||||
17 | been convicted of a
felony under the laws of this or any | ||||||
18 | other jurisdiction.
| ||||||
19 | (e) Sells or gives any firearm to any person who has | ||||||
20 | been a patient in a
mental institution within the past 5 | ||||||
21 | years. In this subsection (e): | ||||||
22 | "Mental institution" means any hospital, | ||||||
23 | institution, clinic, evaluation facility, mental | ||||||
24 | health center, or part thereof, which is used primarily |
| |||||||
| |||||||
1 | for the care or treatment of persons with mental | ||||||
2 | illness. | ||||||
3 | "Patient in a mental institution" means the person | ||||||
4 | was admitted, either voluntarily or involuntarily, to | ||||||
5 | a mental institution for mental health treatment, | ||||||
6 | unless the treatment was voluntary and solely for an | ||||||
7 | alcohol abuse disorder and no other secondary | ||||||
8 | substance abuse disorder or mental illness.
| ||||||
9 | (f) Sells or gives any firearms to any person who is | ||||||
10 | intellectually disabled.
| ||||||
11 | (g) Delivers any firearm of a size which may be | ||||||
12 | concealed upon the
person, incidental to a sale, without | ||||||
13 | withholding delivery of such firearm
for at least 72 hours | ||||||
14 | after application for its purchase has been made, or
| ||||||
15 | delivers any rifle, shotgun or other long gun, or a stun | ||||||
16 | gun or taser, incidental to a sale,
without withholding | ||||||
17 | delivery of such rifle, shotgun or other long gun, or a | ||||||
18 | stun gun or taser for
at least 24 hours after application | ||||||
19 | for its purchase has been made.
However,
this paragraph (g) | ||||||
20 | does not apply to: (1) the sale of a firearm
to a law | ||||||
21 | enforcement officer if the seller of the firearm knows that | ||||||
22 | the person to whom he or she is selling the firearm is a | ||||||
23 | law enforcement officer or the sale of a firearm to a | ||||||
24 | person who desires to purchase a firearm for
use in | ||||||
25 | promoting the public interest incident to his or her | ||||||
26 | employment as a
bank guard, armed truck guard, or other |
| |||||||
| |||||||
1 | similar employment; (2) a mail
order sale of a firearm to a | ||||||
2 | nonresident of Illinois under which the firearm
is mailed | ||||||
3 | to a point outside the boundaries of Illinois; (3) the sale
| ||||||
4 | of a firearm to a nonresident of Illinois while at a | ||||||
5 | firearm showing or display
recognized by the Illinois | ||||||
6 | Department of State Police; or (4) the sale of a
firearm to | ||||||
7 | a dealer licensed as a federal firearms dealer under | ||||||
8 | Section 923
of the federal Gun Control Act of 1968 (18 | ||||||
9 | U.S.C. 923) ; or (5) the transfer or sale of any rifle, | ||||||
10 | shotgun, or other long gun to a resident registered | ||||||
11 | participant or non-resident registered participant by any | ||||||
12 | dealer licensed as a federal firearms dealer under Section | ||||||
13 | 923 of the federal Gun Control Act of 1968 at competitive | ||||||
14 | shooting events held at the World Shooting Complex | ||||||
15 | sanctioned by a national governing body. For purposes of | ||||||
16 | transfers or sales under subparagraph (5) of this paragraph | ||||||
17 | (g), the Department of Natural Resources shall give notice | ||||||
18 | to the Department of State Police at least 30 calendar days | ||||||
19 | prior to any competitive shooting events at the World | ||||||
20 | Shooting Complex sanctioned by a national governing body. | ||||||
21 | The sanctioning body shall provide a list of all registered | ||||||
22 | participants at least 24 hours before the events to the | ||||||
23 | Department of State Police. Any changes to the list of | ||||||
24 | registered participants shall be forwarded to the | ||||||
25 | Department of State Police as soon as practicable . For | ||||||
26 | purposes of this paragraph (g), "application" means when |
| |||||||
| |||||||
1 | the buyer and seller reach an agreement to purchase a | ||||||
2 | firearm.
| ||||||
3 | (h) While holding any license
as a dealer,
importer, | ||||||
4 | manufacturer or pawnbroker
under the federal Gun Control | ||||||
5 | Act of 1968,
manufactures, sells or delivers to any | ||||||
6 | unlicensed person a handgun having
a barrel, slide, frame | ||||||
7 | or receiver which is a die casting of zinc alloy or
any | ||||||
8 | other nonhomogeneous metal which will melt or deform at a | ||||||
9 | temperature
of less than 800 degrees Fahrenheit. For | ||||||
10 | purposes of this paragraph, (1)
"firearm" is defined as in | ||||||
11 | the Firearm Owners Identification Card Act; and (2)
| ||||||
12 | "handgun" is defined as a firearm designed to be held
and | ||||||
13 | fired by the use of a single hand, and includes a | ||||||
14 | combination of parts from
which such a firearm can be | ||||||
15 | assembled.
| ||||||
16 | (i) Sells or gives a firearm of any size to any person | ||||||
17 | under 18 years of
age who does not possess a valid Firearm | ||||||
18 | Owner's Identification Card.
| ||||||
19 | (j) Sells or gives a firearm while engaged in the | ||||||
20 | business of selling
firearms at wholesale or retail without | ||||||
21 | being licensed as a federal firearms
dealer under Section | ||||||
22 | 923 of the federal Gun Control Act of 1968 (18 U.S.C.
923). | ||||||
23 | In this paragraph (j):
| ||||||
24 | A person "engaged in the business" means a person who | ||||||
25 | devotes time,
attention, and
labor to
engaging in the | ||||||
26 | activity as a regular course of trade or business with the
|
| |||||||
| |||||||
1 | principal objective of livelihood and profit, but does not | ||||||
2 | include a person who
makes occasional repairs of firearms | ||||||
3 | or who occasionally fits special barrels,
stocks, or | ||||||
4 | trigger mechanisms to firearms.
| ||||||
5 | "With the principal objective of livelihood and | ||||||
6 | profit" means that the
intent
underlying the sale or | ||||||
7 | disposition of firearms is predominantly one of
obtaining | ||||||
8 | livelihood and pecuniary gain, as opposed to other intents, | ||||||
9 | such as
improving or liquidating a personal firearms | ||||||
10 | collection; however, proof of
profit shall not be required | ||||||
11 | as to a person who engages in the regular and
repetitive | ||||||
12 | purchase and disposition of firearms for criminal purposes | ||||||
13 | or
terrorism.
| ||||||
14 | (k) Sells or transfers ownership of a firearm to a | ||||||
15 | person who does not display to the seller or transferor of | ||||||
16 | the firearm a currently valid Firearm Owner's | ||||||
17 | Identification Card that has previously been issued in the | ||||||
18 | transferee's name by the Department of State Police under | ||||||
19 | the provisions of the Firearm Owners Identification Card | ||||||
20 | Act. This paragraph (k) does not apply to the transfer of a | ||||||
21 | firearm to a person who is exempt from the requirement of | ||||||
22 | possessing a Firearm Owner's Identification Card under | ||||||
23 | Section 2 of the Firearm Owners Identification Card Act. | ||||||
24 | For the purposes of this Section, a currently valid Firearm | ||||||
25 | Owner's Identification Card means (i) a Firearm Owner's | ||||||
26 | Identification Card that has not expired or (ii) an |
| |||||||
| |||||||
1 | approval number issued in accordance with subsection | ||||||
2 | (a-10) of subsection 3 or Section 3.1 of the Firearm Owners | ||||||
3 | Identification Card Act shall be proof that the Firearm | ||||||
4 | Owner's Identification Card was valid. | ||||||
5 | (1) In addition to the other requirements of this | ||||||
6 | paragraph (k), all persons who are not federally | ||||||
7 | licensed firearms dealers must also have complied with | ||||||
8 | subsection (a-10) of Section 3 of the Firearm Owners | ||||||
9 | Identification Card Act by determining the validity of | ||||||
10 | a purchaser's Firearm Owner's Identification Card. | ||||||
11 | (2) All sellers or transferors who have complied | ||||||
12 | with the requirements of subparagraph (1) of this | ||||||
13 | paragraph (k) shall not be liable for damages in any | ||||||
14 | civil action arising from the use or misuse by the | ||||||
15 | transferee of the firearm transferred, except for | ||||||
16 | willful or wanton misconduct on the part of the seller | ||||||
17 | or transferor. | ||||||
18 | (l) Not
being entitled to the possession of a firearm, | ||||||
19 | delivers the
firearm, knowing it to have been stolen or | ||||||
20 | converted. It may be inferred that
a person who possesses a | ||||||
21 | firearm with knowledge that its serial number has
been | ||||||
22 | removed or altered has knowledge that the firearm is stolen | ||||||
23 | or converted. | ||||||
24 | (B) Paragraph (h) of subsection (A) does not include | ||||||
25 | firearms sold within 6
months after enactment of Public
Act | ||||||
26 | 78-355 (approved August 21, 1973, effective October 1, 1973), |
| |||||||
| |||||||
1 | nor is any
firearm legally owned or
possessed by any citizen or | ||||||
2 | purchased by any citizen within 6 months after the
enactment of | ||||||
3 | Public Act 78-355 subject
to confiscation or seizure under the | ||||||
4 | provisions of that Public Act. Nothing in
Public Act 78-355 | ||||||
5 | shall be construed to prohibit the gift or trade of
any firearm | ||||||
6 | if that firearm was legally held or acquired within 6 months | ||||||
7 | after
the enactment of that Public Act.
| ||||||
8 | (C) Sentence.
| ||||||
9 | (1) Any person convicted of unlawful sale or delivery | ||||||
10 | of firearms in violation of
paragraph (c), (e), (f), (g), | ||||||
11 | or (h) of subsection (A) commits a Class
4
felony.
| ||||||
12 | (2) Any person convicted of unlawful sale or delivery | ||||||
13 | of firearms in violation of
paragraph (b) or (i) of | ||||||
14 | subsection (A) commits a Class 3 felony.
| ||||||
15 | (3) Any person convicted of unlawful sale or delivery | ||||||
16 | of firearms in violation of
paragraph (a) of subsection (A) | ||||||
17 | commits a Class 2 felony.
| ||||||
18 | (4) Any person convicted of unlawful sale or delivery | ||||||
19 | of firearms in violation of
paragraph (a), (b), or (i) of | ||||||
20 | subsection (A) in any school, on the real
property | ||||||
21 | comprising a school, within 1,000 feet of the real property | ||||||
22 | comprising
a school, at a school related activity, or on or | ||||||
23 | within 1,000 feet of any
conveyance owned, leased, or | ||||||
24 | contracted by a school or school district to
transport | ||||||
25 | students to or from school or a school related activity,
| ||||||
26 | regardless of the time of day or time of year at which the |
| |||||||
| |||||||
1 | offense
was committed, commits a Class 1 felony. Any person | ||||||
2 | convicted of a second
or subsequent violation of unlawful | ||||||
3 | sale or delivery of firearms in violation of paragraph
(a), | ||||||
4 | (b), or (i) of subsection (A) in any school, on the real | ||||||
5 | property
comprising a school, within 1,000 feet of the real | ||||||
6 | property comprising a
school, at a school related activity, | ||||||
7 | or on or within 1,000 feet of any
conveyance owned, leased, | ||||||
8 | or contracted by a school or school district to
transport | ||||||
9 | students to or from school or a school related activity,
| ||||||
10 | regardless of the time of day or time of year at which the | ||||||
11 | offense
was committed, commits a Class 1 felony for which | ||||||
12 | the sentence shall be a
term of imprisonment of no less | ||||||
13 | than 5 years and no more than 15 years.
| ||||||
14 | (5) Any person convicted of unlawful sale or delivery | ||||||
15 | of firearms in violation of
paragraph (a) or (i) of | ||||||
16 | subsection (A) in residential property owned,
operated, or | ||||||
17 | managed by a public housing agency or leased by a public | ||||||
18 | housing
agency as part of a scattered site or mixed-income | ||||||
19 | development, in a public
park, in a
courthouse, on | ||||||
20 | residential property owned, operated, or managed by a | ||||||
21 | public
housing agency or leased by a public housing agency | ||||||
22 | as part of a scattered site
or mixed-income development, on | ||||||
23 | the real property comprising any public park,
on the real
| ||||||
24 | property comprising any courthouse, or on any public way | ||||||
25 | within 1,000 feet
of the real property comprising any | ||||||
26 | public park, courthouse, or residential
property owned, |
| |||||||
| |||||||
1 | operated, or managed by a public housing agency or leased | ||||||
2 | by a
public housing agency as part of a scattered site or | ||||||
3 | mixed-income development
commits a
Class 2 felony.
| ||||||
4 | (6) Any person convicted of unlawful sale or delivery | ||||||
5 | of firearms in violation of
paragraph (j) of subsection (A) | ||||||
6 | commits a Class A misdemeanor. A second or
subsequent | ||||||
7 | violation is a Class 4 felony. | ||||||
8 | (7) Any person convicted of unlawful sale or delivery | ||||||
9 | of firearms in violation of paragraph (k) of subsection (A) | ||||||
10 | commits a Class 4 felony, except that a violation of | ||||||
11 | subparagraph (1) of paragraph (k) of subsection (A) shall | ||||||
12 | not be punishable as a crime or petty offense. A third or | ||||||
13 | subsequent conviction for a violation of paragraph (k) of | ||||||
14 | subsection (A) is a Class 1 felony.
| ||||||
15 | (8) A person 18 years of age or older convicted of | ||||||
16 | unlawful sale or delivery of firearms in violation of | ||||||
17 | paragraph (a) or (i) of subsection (A), when the firearm | ||||||
18 | that was sold or given to another person under 18 years of | ||||||
19 | age was used in the commission of or attempt to commit a | ||||||
20 | forcible felony, shall be fined or imprisoned, or both, not | ||||||
21 | to exceed the maximum provided for the most serious | ||||||
22 | forcible felony so committed or attempted by the person | ||||||
23 | under 18 years of age who was sold or given the firearm. | ||||||
24 | (9) Any person convicted of unlawful sale or delivery | ||||||
25 | of firearms in violation of
paragraph (d) of subsection (A) | ||||||
26 | commits a Class 3 felony. |
| |||||||
| |||||||
1 | (10) Any person convicted of unlawful sale or delivery | ||||||
2 | of firearms in violation of paragraph (l) of subsection (A) | ||||||
3 | commits a Class 2 felony if the delivery is of one firearm. | ||||||
4 | Any person convicted of unlawful sale or delivery of | ||||||
5 | firearms in violation of paragraph (l) of subsection (A) | ||||||
6 | commits a Class 1 felony if the delivery is of not less | ||||||
7 | than 2 and not more than 5 firearms at the
same time or | ||||||
8 | within a one year period. Any person convicted of unlawful | ||||||
9 | sale or delivery of firearms in violation of paragraph (l) | ||||||
10 | of subsection (A) commits a Class X felony for which he or | ||||||
11 | she shall be sentenced
to a term of imprisonment of not | ||||||
12 | less than 6 years and not more than 30
years if the | ||||||
13 | delivery is of not less than 6 and not more than 10 | ||||||
14 | firearms at the
same time or within a 2 year period. Any | ||||||
15 | person convicted of unlawful sale or delivery of firearms | ||||||
16 | in violation of paragraph (l) of subsection (A) commits a | ||||||
17 | Class X felony for which he or she shall be sentenced
to a | ||||||
18 | term of imprisonment of not less than 6 years and not more | ||||||
19 | than 40
years if the delivery is of not less than 11 and | ||||||
20 | not more than 20 firearms at the
same time or within a 3 | ||||||
21 | year period. Any person convicted of unlawful sale or | ||||||
22 | delivery of firearms in violation of paragraph (l) of | ||||||
23 | subsection (A) commits a Class X felony for which he or she | ||||||
24 | shall be sentenced
to a term of imprisonment of not less | ||||||
25 | than 6 years and not more than 50
years if the delivery is | ||||||
26 | of not less than 21 and not more than 30 firearms at the
|
| |||||||
| |||||||
1 | same time or within a 4 year period. Any person convicted | ||||||
2 | of unlawful sale or delivery of firearms in violation of | ||||||
3 | paragraph (l) of subsection (A) commits a Class X felony | ||||||
4 | for which he or she shall be sentenced
to a term of | ||||||
5 | imprisonment of not less than 6 years and not more than 60
| ||||||
6 | years if the delivery is of 31 or more firearms at the
same | ||||||
7 | time or within a 5 year period. | ||||||
8 | (D) For purposes of this Section:
| ||||||
9 | "School" means a public or private elementary or secondary | ||||||
10 | school,
community college, college, or university.
| ||||||
11 | "School related activity" means any sporting, social, | ||||||
12 | academic, or
other activity for which students' attendance or | ||||||
13 | participation is sponsored,
organized, or funded in whole or in | ||||||
14 | part by a school or school district.
| ||||||
15 | (E) A prosecution for a violation of paragraph (k) of | ||||||
16 | subsection (A) of this Section may be commenced within 6 years | ||||||
17 | after the commission of the offense. A prosecution for a | ||||||
18 | violation of this Section other than paragraph (g) of | ||||||
19 | subsection (A) of this Section may be commenced within 5 years | ||||||
20 | after the commission of the offense defined in the particular | ||||||
21 | paragraph.
| ||||||
22 | (Source: P.A. 97-227, eff. 1-1-12; 97-347, eff. 1-1-12; 97-813, | ||||||
23 | eff. 7-13-12; 97-1167, eff. 6-1-13; 98-508, eff. 8-19-13.)
|