Illinois General Assembly - Full Text of HB1793
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Full Text of HB1793  100th General Assembly

HB1793 100TH GENERAL ASSEMBLY

  
  

 


 
100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB1793

 

Introduced , by Rep. Allen Skillicorn

 

SYNOPSIS AS INTRODUCED:
 
520 ILCS 5/2.33  from Ch. 61, par. 2.33
720 ILCS 5/24-1  from Ch. 38, par. 24-1
720 ILCS 5/24-3  from Ch. 38, par. 24-3

    Amends the Criminal Code of 2012. Provides that a person commits the offense of unlawful use of weapons when he knowingly uses, attaches, or possesses with the intent to use or attach any device or attachment of any kind for silencing the report of any handgun, unless the use, attachment, or possession with the intent to use the device or attachment is on the premises of a firing or shooting range; or possess any device or attachment of any kind designed, used, or intended for use in silencing the report of any other firearm if the device or attachment is not possessed in compliance with the federal National Firearms Act. Provides that a person commits the offense of unlawful sale or delivery of firearms when he or she transfers or gives a suppressor or silencer to a person not authorized to possess the suppressor or silencer under federal law. Amends the Wildlife Code. Removes the prohibition of using a silencer or other device to muffle or mute the sound of the explosion or report resulting from the firing of any gun. Effective immediately.


LRB100 06783 SLF 16831 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB1793LRB100 06783 SLF 16831 b

1    AN ACT concerning firearm silencers.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Wildlife Code is amended by changing Section
52.33 as follows:
 
6    (520 ILCS 5/2.33)  (from Ch. 61, par. 2.33)
7    Sec. 2.33. Prohibitions.
8    (a) It is unlawful to carry or possess any gun in any State
9refuge unless otherwise permitted by administrative rule.
10    (b) It is unlawful to use or possess any snare or
11snare-like device, deadfall, net, or pit trap to take any
12species, except that snares not powered by springs or other
13mechanical devices may be used to trap fur-bearing mammals, in
14water sets only, if at least one-half of the snare noose is
15located underwater at all times.
16    (c) It is unlawful for any person at any time to take a
17wild mammal protected by this Act from its den by means of any
18mechanical device, spade, or digging device or to use smoke or
19other gases to dislodge or remove such mammal except as
20provided in Section 2.37.
21    (d) It is unlawful to use a ferret or any other small
22mammal which is used in the same or similar manner for which
23ferrets are used for the purpose of frightening or driving any

 

 

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1mammals from their dens or hiding places.
2    (e) (Blank).
3    (f) It is unlawful to use spears, gigs, hooks or any like
4device to take any species protected by this Act.
5    (g) It is unlawful to use poisons, chemicals or explosives
6for the purpose of taking any species protected by this Act.
7    (h) It is unlawful to hunt adjacent to or near any peat,
8grass, brush or other inflammable substance when it is burning.
9    (i) It is unlawful to take, pursue or intentionally harass
10or disturb in any manner any wild birds or mammals by use or
11aid of any vehicle or conveyance, except as permitted by the
12Code of Federal Regulations for the taking of waterfowl. It is
13also unlawful to use the lights of any vehicle or conveyance or
14any light from or any light connected to the vehicle or
15conveyance in any area where wildlife may be found except in
16accordance with Section 2.37 of this Act; however, nothing in
17this Section shall prohibit the normal use of headlamps for the
18purpose of driving upon a roadway. Striped skunk, opossum, red
19fox, gray fox, raccoon, bobcat, and coyote may be taken during
20the open season by use of a small light which is worn on the
21body or hand-held by a person on foot and not in any vehicle.
22    (j) It is unlawful to use any shotgun larger than 10 gauge
23while taking or attempting to take any of the species protected
24by this Act.
25    (k) It is unlawful to use or possess in the field any
26shotgun shell loaded with a shot size larger than lead BB or

 

 

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1steel T (.20 diameter) when taking or attempting to take any
2species of wild game mammals (excluding white-tailed deer),
3wild game birds, migratory waterfowl or migratory game birds
4protected by this Act, except white-tailed deer as provided for
5in Section 2.26 and other species as provided for by subsection
6(l) or administrative rule.
7    (l) It is unlawful to take any species of wild game, except
8white-tailed deer and fur-bearing mammals, with a shotgun
9loaded with slugs unless otherwise provided for by
10administrative rule.
11    (m) It is unlawful to use any shotgun capable of holding
12more than 3 shells in the magazine or chamber combined, except
13on game breeding and hunting preserve areas licensed under
14Section 3.27 and except as permitted by the Code of Federal
15Regulations for the taking of waterfowl. If the shotgun is
16capable of holding more than 3 shells, it shall, while being
17used on an area other than a game breeding and shooting
18preserve area licensed pursuant to Section 3.27, be fitted with
19a one piece plug that is irremovable without dismantling the
20shotgun or otherwise altered to render it incapable of holding
21more than 3 shells in the magazine and chamber, combined.
22    (n) It is unlawful for any person, except persons who
23possess a permit to hunt from a vehicle as provided in this
24Section and persons otherwise permitted by law, to have or
25carry any gun in or on any vehicle, conveyance or aircraft,
26unless such gun is unloaded and enclosed in a case, except that

 

 

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1at field trials authorized by Section 2.34 of this Act,
2unloaded guns or guns loaded with blank cartridges only, may be
3carried on horseback while not contained in a case, or to have
4or carry any bow or arrow device in or on any vehicle unless
5such bow or arrow device is unstrung or enclosed in a case, or
6otherwise made inoperable.
7    (o) It is unlawful to use any crossbow for the purpose of
8taking any wild birds or mammals, except as provided for in
9Section 2.5.
10    (p) It is unlawful to take game birds, migratory game birds
11or migratory waterfowl with a rifle, pistol, revolver or
12airgun.
13    (q) It is unlawful to fire a rifle, pistol, revolver or
14airgun on, over or into any waters of this State, including
15frozen waters.
16    (r) It is unlawful to discharge any gun or bow and arrow
17device along, upon, across, or from any public right-of-way or
18highway in this State.
19    (s) (Blank). It is unlawful to use a silencer or other
20device to muffle or mute the sound of the explosion or report
21resulting from the firing of any gun.
22    (t) It is unlawful for any person to take or attempt to
23take any species of wildlife or parts thereof, intentionally or
24wantonly allow a dog to hunt, within or upon the land of
25another, or upon waters flowing over or standing on the land of
26another, or to knowingly shoot a gun or bow and arrow device at

 

 

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1any wildlife physically on or flying over the property of
2another without first obtaining permission from the owner or
3the owner's designee. For the purposes of this Section, the
4owner's designee means anyone who the owner designates in a
5written authorization and the authorization must contain (i)
6the legal or common description of property for such authority
7is given, (ii) the extent that the owner's designee is
8authorized to make decisions regarding who is allowed to take
9or attempt to take any species of wildlife or parts thereof,
10and (iii) the owner's notarized signature. Before enforcing
11this Section the law enforcement officer must have received
12notice from the owner or the owner's designee of a violation of
13this Section. Statements made to the law enforcement officer
14regarding this notice shall not be rendered inadmissible by the
15hearsay rule when offered for the purpose of showing the
16required notice.
17    (u) It is unlawful for any person to discharge any firearm
18for the purpose of taking any of the species protected by this
19Act, or hunt with gun or dog, or intentionally or wantonly
20allow a dog to hunt, within 300 yards of an inhabited dwelling
21without first obtaining permission from the owner or tenant,
22except that while trapping, hunting with bow and arrow, hunting
23with dog and shotgun using shot shells only, or hunting with
24shotgun using shot shells only, or providing outfitting
25services under a waterfowl outfitter permit, or on licensed
26game breeding and hunting preserve areas, as defined in Section

 

 

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13.27, on federally owned and managed lands and on Department
2owned, managed, leased, or controlled lands, a 100 yard
3restriction shall apply.
4    (v) It is unlawful for any person to remove fur-bearing
5mammals from, or to move or disturb in any manner, the traps
6owned by another person without written authorization of the
7owner to do so.
8    (w) It is unlawful for any owner of a dog to knowingly or
9wantonly allow his or her dog to pursue, harass or kill deer,
10except that nothing in this Section shall prohibit the tracking
11of wounded deer with a dog in accordance with the provisions of
12Section 2.26 of this Code.
13    (x) It is unlawful for any person to wantonly or carelessly
14injure or destroy, in any manner whatsoever, any real or
15personal property on the land of another while engaged in
16hunting or trapping thereon.
17    (y) It is unlawful to hunt wild game protected by this Act
18between one half hour after sunset and one half hour before
19sunrise, except that hunting hours between one half hour after
20sunset and one half hour before sunrise may be established by
21administrative rule for fur-bearing mammals.
22    (z) It is unlawful to take any game bird (excluding wild
23turkeys and crippled pheasants not capable of normal flight and
24otherwise irretrievable) protected by this Act when not flying.
25Nothing in this Section shall prohibit a person from carrying
26an uncased, unloaded shotgun in a boat, while in pursuit of a

 

 

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1crippled migratory waterfowl that is incapable of normal
2flight, for the purpose of attempting to reduce the migratory
3waterfowl to possession, provided that the attempt is made
4immediately upon downing the migratory waterfowl and is done
5within 400 yards of the blind from which the migratory
6waterfowl was downed. This exception shall apply only to
7migratory game birds that are not capable of normal flight.
8Migratory waterfowl that are crippled may be taken only with a
9shotgun as regulated by subsection (j) of this Section using
10shotgun shells as regulated in subsection (k) of this Section.
11    (aa) It is unlawful to use or possess any device that may
12be used for tree climbing or cutting, while hunting fur-bearing
13mammals, excluding coyotes.
14    (bb) It is unlawful for any person, except licensed game
15breeders, pursuant to Section 2.29 to import, carry into, or
16possess alive in this State any species of wildlife taken
17outside of this State, without obtaining permission to do so
18from the Director.
19    (cc) It is unlawful for any person to have in his or her
20possession any freshly killed species protected by this Act
21during the season closed for taking.
22    (dd) It is unlawful to take any species protected by this
23Act and retain it alive except as provided by administrative
24rule.
25    (ee) It is unlawful to possess any rifle while in the field
26during gun deer season except as provided in Section 2.26 and

 

 

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1administrative rules.
2    (ff) It is unlawful for any person to take any species
3protected by this Act, except migratory waterfowl, during the
4gun deer hunting season in those counties open to gun deer
5hunting, unless he or she wears, when in the field, a cap and
6upper outer garment of a solid blaze orange color, with such
7articles of clothing displaying a minimum of 400 square inches
8of blaze orange material.
9    (gg) It is unlawful during the upland game season for any
10person to take upland game with a firearm unless he or she
11wears, while in the field, a cap of solid blaze orange color.
12For purposes of this Act, upland game is defined as Bobwhite
13Quail, Hungarian Partridge, Ring-necked Pheasant, Eastern
14Cottontail and Swamp Rabbit.
15    (hh) It shall be unlawful to kill or cripple any species
16protected by this Act for which there is a bag limit without
17making a reasonable effort to retrieve such species and include
18such in the bag limit. It shall be unlawful for any person
19having control over harvested game mammals, game birds, or
20migratory game birds for which there is a bag limit to wantonly
21waste or destroy the usable meat of the game, except this shall
22not apply to wildlife taken under Sections 2.37 or 3.22 of this
23Code. For purposes of this subsection, "usable meat" means the
24breast meat of a game bird or migratory game bird and the hind
25ham and front shoulders of a game mammal. It shall be unlawful
26for any person to place, leave, dump, or abandon a wildlife

 

 

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1carcass or parts of it along or upon a public right-of-way or
2highway or on public or private property, including a waterway
3or stream, without the permission of the owner or tenant. It
4shall not be unlawful to discard game meat that is determined
5to be unfit for human consumption.
6    (ii) This Section shall apply only to those species
7protected by this Act taken within the State. Any species or
8any parts thereof, legally taken in and transported from other
9states or countries, may be possessed within the State, except
10as provided in this Section and Sections 2.35, 2.36 and 3.21.
11    (jj) (Blank).
12    (kk) Nothing contained in this Section shall prohibit the
13Director from issuing permits to paraplegics or to other
14persons with disabilities who meet the requirements set forth
15in administrative rule to shoot or hunt from a vehicle as
16provided by that rule, provided that such is otherwise in
17accord with this Act.
18    (ll) Nothing contained in this Act shall prohibit the
19taking of aquatic life protected by the Fish and Aquatic Life
20Code or birds and mammals protected by this Act, except deer
21and fur-bearing mammals, from a boat not camouflaged or
22disguised to alter its identity or to further provide a place
23of concealment and not propelled by sail or mechanical power.
24However, only shotguns not larger than 10 gauge nor smaller
25than .410 bore loaded with not more than 3 shells of a shot
26size no larger than lead BB or steel T (.20 diameter) may be

 

 

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1used to take species protected by this Act.
2    (mm) Nothing contained in this Act shall prohibit the use
3of a shotgun, not larger than 10 gauge nor smaller than a 20
4gauge, with a rifled barrel.
5    (nn) It shall be unlawful to possess any species of
6wildlife or wildlife parts taken unlawfully in Illinois, any
7other state, or any other country, whether or not the wildlife
8or wildlife parts is indigenous to Illinois. For the purposes
9of this subsection, the statute of limitations for unlawful
10possession of wildlife or wildlife parts shall not cease until
112 years after the possession has permanently ended.
12(Source: P.A. 98-119, eff. 1-1-14; 98-181, eff. 8-5-13; 98-183,
13eff. 1-1-14; 98-290, eff. 8-9-13; 98-756, eff. 7-16-14; 98-914,
14eff. 1-1-15; 99-33, eff. 1-1-16; 99-143, eff. 7-27-15; 99-642,
15eff. 7-28-16.)
 
16    Section 10. The Criminal Code of 2012 is amended by
17changing Section 24-1 and 24-3 as follows:
 
18    (720 ILCS 5/24-1)  (from Ch. 38, par. 24-1)
19    Sec. 24-1. Unlawful use of weapons.
20    (a) A person commits the offense of unlawful use of weapons
21when he knowingly:
22        (1) Sells, manufactures, purchases, possesses or
23    carries any bludgeon, black-jack, slung-shot, sand-club,
24    sand-bag, metal knuckles or other knuckle weapon

 

 

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1    regardless of its composition, throwing star, or any knife,
2    commonly referred to as a switchblade knife, which has a
3    blade that opens automatically by hand pressure applied to
4    a button, spring or other device in the handle of the
5    knife, or a ballistic knife, which is a device that propels
6    a knifelike blade as a projectile by means of a coil
7    spring, elastic material or compressed gas; or
8        (2) Carries or possesses with intent to use the same
9    unlawfully against another, a dagger, dirk, billy,
10    dangerous knife, razor, stiletto, broken bottle or other
11    piece of glass, stun gun or taser or any other dangerous or
12    deadly weapon or instrument of like character; or
13        (3) Carries on or about his person or in any vehicle, a
14    tear gas gun projector or bomb or any object containing
15    noxious liquid gas or substance, other than an object
16    containing a non-lethal noxious liquid gas or substance
17    designed solely for personal defense carried by a person 18
18    years of age or older; or
19        (4) Carries or possesses in any vehicle or concealed on
20    or about his person except when on his land or in his own
21    abode, legal dwelling, or fixed place of business, or on
22    the land or in the legal dwelling of another person as an
23    invitee with that person's permission, any pistol,
24    revolver, stun gun or taser or other firearm, except that
25    this subsection (a) (4) does not apply to or affect
26    transportation of weapons that meet one of the following

 

 

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1    conditions:
2            (i) are broken down in a non-functioning state; or
3            (ii) are not immediately accessible; or
4            (iii) are unloaded and enclosed in a case, firearm
5        carrying box, shipping box, or other container by a
6        person who has been issued a currently valid Firearm
7        Owner's Identification Card; or
8            (iv) are carried or possessed in accordance with
9        the Firearm Concealed Carry Act by a person who has
10        been issued a currently valid license under the Firearm
11        Concealed Carry Act; or
12        (5) Sets a spring gun; or
13        (6) Uses, attaches, or possesses with the intent to use
14    or attach Possesses any device or attachment of any kind
15    for designed, used or intended for use in silencing the
16    report of any handgun, unless the use, attachment, or
17    possession with the intent to use the device or attachment
18    is on the premises of a firing or shooting range; or
19    possesses any device or attachment of any kind designed,
20    used, or intended for use in silencing the report of any
21    other firearm if the device or attachment is not possessed
22    in compliance with the federal National Firearms Act
23    firearm; or
24        (7) Sells, manufactures, purchases, possesses or
25    carries:
26            (i) a machine gun, which shall be defined for the

 

 

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1        purposes of this subsection as any weapon, which
2        shoots, is designed to shoot, or can be readily
3        restored to shoot, automatically more than one shot
4        without manually reloading by a single function of the
5        trigger, including the frame or receiver of any such
6        weapon, or sells, manufactures, purchases, possesses,
7        or carries any combination of parts designed or
8        intended for use in converting any weapon into a
9        machine gun, or any combination or parts from which a
10        machine gun can be assembled if such parts are in the
11        possession or under the control of a person;
12            (ii) any rifle having one or more barrels less than
13        16 inches in length or a shotgun having one or more
14        barrels less than 18 inches in length or any weapon
15        made from a rifle or shotgun, whether by alteration,
16        modification, or otherwise, if such a weapon as
17        modified has an overall length of less than 26 inches;
18        or
19            (iii) any bomb, bomb-shell, grenade, bottle or
20        other container containing an explosive substance of
21        over one-quarter ounce for like purposes, such as, but
22        not limited to, black powder bombs and Molotov
23        cocktails or artillery projectiles; or
24        (8) Carries or possesses any firearm, stun gun or taser
25    or other deadly weapon in any place which is licensed to
26    sell intoxicating beverages, or at any public gathering

 

 

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1    held pursuant to a license issued by any governmental body
2    or any public gathering at which an admission is charged,
3    excluding a place where a showing, demonstration or lecture
4    involving the exhibition of unloaded firearms is
5    conducted.
6        This subsection (a)(8) does not apply to any auction or
7    raffle of a firearm held pursuant to a license or permit
8    issued by a governmental body, nor does it apply to persons
9    engaged in firearm safety training courses; or
10        (9) Carries or possesses in a vehicle or on or about
11    his person any pistol, revolver, stun gun or taser or
12    firearm or ballistic knife, when he is hooded, robed or
13    masked in such manner as to conceal his identity; or
14        (10) Carries or possesses on or about his person, upon
15    any public street, alley, or other public lands within the
16    corporate limits of a city, village or incorporated town,
17    except when an invitee thereon or therein, for the purpose
18    of the display of such weapon or the lawful commerce in
19    weapons, or except when on his land or in his own abode,
20    legal dwelling, or fixed place of business, or on the land
21    or in the legal dwelling of another person as an invitee
22    with that person's permission, any pistol, revolver, stun
23    gun or taser or other firearm, except that this subsection
24    (a) (10) does not apply to or affect transportation of
25    weapons that meet one of the following conditions:
26            (i) are broken down in a non-functioning state; or

 

 

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1            (ii) are not immediately accessible; or
2            (iii) are unloaded and enclosed in a case, firearm
3        carrying box, shipping box, or other container by a
4        person who has been issued a currently valid Firearm
5        Owner's Identification Card; or
6            (iv) are carried or possessed in accordance with
7        the Firearm Concealed Carry Act by a person who has
8        been issued a currently valid license under the Firearm
9        Concealed Carry Act.
10        A "stun gun or taser", as used in this paragraph (a)
11    means (i) any device which is powered by electrical
12    charging units, such as, batteries, and which fires one or
13    several barbs attached to a length of wire and which, upon
14    hitting a human, can send out a current capable of
15    disrupting the person's nervous system in such a manner as
16    to render him incapable of normal functioning or (ii) any
17    device which is powered by electrical charging units, such
18    as batteries, and which, upon contact with a human or
19    clothing worn by a human, can send out current capable of
20    disrupting the person's nervous system in such a manner as
21    to render him incapable of normal functioning; or
22        (11) Sells, manufactures or purchases any explosive
23    bullet. For purposes of this paragraph (a) "explosive
24    bullet" means the projectile portion of an ammunition
25    cartridge which contains or carries an explosive charge
26    which will explode upon contact with the flesh of a human

 

 

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1    or an animal. "Cartridge" means a tubular metal case having
2    a projectile affixed at the front thereof and a cap or
3    primer at the rear end thereof, with the propellant
4    contained in such tube between the projectile and the cap;
5    or
6        (12) (Blank); or
7        (13) Carries or possesses on or about his or her person
8    while in a building occupied by a unit of government, a
9    billy club, other weapon of like character, or other
10    instrument of like character intended for use as a weapon.
11    For the purposes of this Section, "billy club" means a
12    short stick or club commonly carried by police officers
13    which is either telescopic or constructed of a solid piece
14    of wood or other man-made material.
15    (b) Sentence. A person convicted of a violation of
16subsection 24-1(a)(1) through (5), subsection 24-1(a)(10),
17subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a
18Class A misdemeanor. A person convicted of a violation of
19subsection 24-1(a)(8) or 24-1(a)(9) commits a Class 4 felony; a
20person convicted of a violation of subsection 24-1(a)(6) or
2124-1(a)(7)(ii) or (iii) commits a Class 3 felony. A person
22convicted of a violation of subsection 24-1(a)(7)(i) commits a
23Class 2 felony and shall be sentenced to a term of imprisonment
24of not less than 3 years and not more than 7 years, unless the
25weapon is possessed in the passenger compartment of a motor
26vehicle as defined in Section 1-146 of the Illinois Vehicle

 

 

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1Code, or on the person, while the weapon is loaded, in which
2case it shall be a Class X felony. A person convicted of a
3second or subsequent violation of subsection 24-1(a)(4),
424-1(a)(8), 24-1(a)(9), or 24-1(a)(10) commits a Class 3
5felony. The possession of each weapon in violation of this
6Section constitutes a single and separate violation.
7    (c) Violations in specific places.
8        (1) A person who violates subsection 24-1(a)(6) or
9    24-1(a)(7) in any school, regardless of the time of day or
10    the time of year, in residential property owned, operated
11    or managed by a public housing agency or leased by a public
12    housing agency as part of a scattered site or mixed-income
13    development, in a public park, in a courthouse, on the real
14    property comprising any school, regardless of the time of
15    day or the time of year, on residential property owned,
16    operated or managed by a public housing agency or leased by
17    a public housing agency as part of a scattered site or
18    mixed-income development, on the real property comprising
19    any public park, on the real property comprising any
20    courthouse, in any conveyance owned, leased or contracted
21    by a school to transport students to or from school or a
22    school related activity, in any conveyance owned, leased,
23    or contracted by a public transportation agency, or on any
24    public way within 1,000 feet of the real property
25    comprising any school, public park, courthouse, public
26    transportation facility, or residential property owned,

 

 

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1    operated, or managed by a public housing agency or leased
2    by a public housing agency as part of a scattered site or
3    mixed-income development commits a Class 2 felony and shall
4    be sentenced to a term of imprisonment of not less than 3
5    years and not more than 7 years.
6        (1.5) A person who violates subsection 24-1(a)(4),
7    24-1(a)(9), or 24-1(a)(10) in any school, regardless of the
8    time of day or the time of year, in residential property
9    owned, operated, or managed by a public housing agency or
10    leased by a public housing agency as part of a scattered
11    site or mixed-income development, in a public park, in a
12    courthouse, on the real property comprising any school,
13    regardless of the time of day or the time of year, on
14    residential property owned, operated, or managed by a
15    public housing agency or leased by a public housing agency
16    as part of a scattered site or mixed-income development, on
17    the real property comprising any public park, on the real
18    property comprising any courthouse, in any conveyance
19    owned, leased, or contracted by a school to transport
20    students to or from school or a school related activity, in
21    any conveyance owned, leased, or contracted by a public
22    transportation agency, or on any public way within 1,000
23    feet of the real property comprising any school, public
24    park, courthouse, public transportation facility, or
25    residential property owned, operated, or managed by a
26    public housing agency or leased by a public housing agency

 

 

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1    as part of a scattered site or mixed-income development
2    commits a Class 3 felony.
3        (2) A person who violates subsection 24-1(a)(1),
4    24-1(a)(2), or 24-1(a)(3) in any school, regardless of the
5    time of day or the time of year, in residential property
6    owned, operated or managed by a public housing agency or
7    leased by a public housing agency as part of a scattered
8    site or mixed-income development, in a public park, in a
9    courthouse, on the real property comprising any school,
10    regardless of the time of day or the time of year, on
11    residential property owned, operated or managed by a public
12    housing agency or leased by a public housing agency as part
13    of a scattered site or mixed-income development, on the
14    real property comprising any public park, on the real
15    property comprising any courthouse, in any conveyance
16    owned, leased or contracted by a school to transport
17    students to or from school or a school related activity, in
18    any conveyance owned, leased, or contracted by a public
19    transportation agency, or on any public way within 1,000
20    feet of the real property comprising any school, public
21    park, courthouse, public transportation facility, or
22    residential property owned, operated, or managed by a
23    public housing agency or leased by a public housing agency
24    as part of a scattered site or mixed-income development
25    commits a Class 4 felony. "Courthouse" means any building
26    that is used by the Circuit, Appellate, or Supreme Court of

 

 

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1    this State for the conduct of official business.
2        (3) Paragraphs (1), (1.5), and (2) of this subsection
3    (c) shall not apply to law enforcement officers or security
4    officers of such school, college, or university or to
5    students carrying or possessing firearms for use in
6    training courses, parades, hunting, target shooting on
7    school ranges, or otherwise with the consent of school
8    authorities and which firearms are transported unloaded
9    enclosed in a suitable case, box, or transportation
10    package.
11        (4) For the purposes of this subsection (c), "school"
12    means any public or private elementary or secondary school,
13    community college, college, or university.
14        (5) For the purposes of this subsection (c), "public
15    transportation agency" means a public or private agency
16    that provides for the transportation or conveyance of
17    persons by means available to the general public, except
18    for transportation by automobiles not used for conveyance
19    of the general public as passengers; and "public
20    transportation facility" means a terminal or other place
21    where one may obtain public transportation.
22    (d) The presence in an automobile other than a public
23omnibus of any weapon, instrument or substance referred to in
24subsection (a)(7) is prima facie evidence that it is in the
25possession of, and is being carried by, all persons occupying
26such automobile at the time such weapon, instrument or

 

 

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1substance is found, except under the following circumstances:
2(i) if such weapon, instrument or instrumentality is found upon
3the person of one of the occupants therein; or (ii) if such
4weapon, instrument or substance is found in an automobile
5operated for hire by a duly licensed driver in the due, lawful
6and proper pursuit of his trade, then such presumption shall
7not apply to the driver.
8    (e) Exemptions. Crossbows, Common or Compound bows and
9Underwater Spearguns are exempted from the definition of
10ballistic knife as defined in paragraph (1) of subsection (a)
11of this Section.
12(Source: P.A. 99-29, eff. 7-10-15.)
 
13    (720 ILCS 5/24-3)  (from Ch. 38, par. 24-3)
14    Sec. 24-3. Unlawful sale or delivery of firearms.
15    (A) A person commits the offense of unlawful sale or
16delivery of firearms when he or she knowingly does any of the
17following:
18        (a) Sells or gives any firearm of a size which may be
19    concealed upon the person to any person under 18 years of
20    age.
21        (b) Sells or gives any firearm to a person under 21
22    years of age who has been convicted of a misdemeanor other
23    than a traffic offense or adjudged delinquent.
24        (c) Sells or gives any firearm to any narcotic addict.
25        (d) Sells or gives any firearm to any person who has

 

 

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1    been convicted of a felony under the laws of this or any
2    other jurisdiction.
3        (e) Sells or gives any firearm to any person who has
4    been a patient in a mental institution within the past 5
5    years. In this subsection (e):
6            "Mental institution" means any hospital,
7        institution, clinic, evaluation facility, mental
8        health center, or part thereof, which is used primarily
9        for the care or treatment of persons with mental
10        illness.
11            "Patient in a mental institution" means the person
12        was admitted, either voluntarily or involuntarily, to
13        a mental institution for mental health treatment,
14        unless the treatment was voluntary and solely for an
15        alcohol abuse disorder and no other secondary
16        substance abuse disorder or mental illness.
17        (f) Sells or gives any firearms to any person who is a
18    person with an intellectual disability.
19        (g) Delivers any firearm of a size which may be
20    concealed upon the person, incidental to a sale, without
21    withholding delivery of such firearm for at least 72 hours
22    after application for its purchase has been made, or
23    delivers any rifle, shotgun or other long gun, or a stun
24    gun or taser, incidental to a sale, without withholding
25    delivery of such rifle, shotgun or other long gun, or a
26    stun gun or taser for at least 24 hours after application

 

 

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1    for its purchase has been made. However, this paragraph (g)
2    does not apply to: (1) the sale of a firearm to a law
3    enforcement officer if the seller of the firearm knows that
4    the person to whom he or she is selling the firearm is a
5    law enforcement officer or the sale of a firearm to a
6    person who desires to purchase a firearm for use in
7    promoting the public interest incident to his or her
8    employment as a bank guard, armed truck guard, or other
9    similar employment; (2) a mail order sale of a firearm from
10    a federally licensed firearms dealer to a nonresident of
11    Illinois under which the firearm is mailed to a federally
12    licensed firearms dealer outside the boundaries of
13    Illinois; (3) the sale of a firearm to a nonresident of
14    Illinois while at a firearm showing or display recognized
15    by the Illinois Department of State Police; (4) the sale of
16    a firearm to a dealer licensed as a federal firearms dealer
17    under Section 923 of the federal Gun Control Act of 1968
18    (18 U.S.C. 923); or (5) the transfer or sale of any rifle,
19    shotgun, or other long gun to a resident registered
20    competitor or attendee or non-resident registered
21    competitor or attendee by any dealer licensed as a federal
22    firearms dealer under Section 923 of the federal Gun
23    Control Act of 1968 at competitive shooting events held at
24    the World Shooting Complex sanctioned by a national
25    governing body. For purposes of transfers or sales under
26    subparagraph (5) of this paragraph (g), the Department of

 

 

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1    Natural Resources shall give notice to the Department of
2    State Police at least 30 calendar days prior to any
3    competitive shooting events at the World Shooting Complex
4    sanctioned by a national governing body. The notification
5    shall be made on a form prescribed by the Department of
6    State Police. The sanctioning body shall provide a list of
7    all registered competitors and attendees at least 24 hours
8    before the events to the Department of State Police. Any
9    changes to the list of registered competitors and attendees
10    shall be forwarded to the Department of State Police as
11    soon as practicable. The Department of State Police must
12    destroy the list of registered competitors and attendees no
13    later than 30 days after the date of the event. Nothing in
14    this paragraph (g) relieves a federally licensed firearm
15    dealer from the requirements of conducting a NICS
16    background check through the Illinois Point of Contact
17    under 18 U.S.C. 922(t). For purposes of this paragraph (g),
18    "application" means when the buyer and seller reach an
19    agreement to purchase a firearm. For purposes of this
20    paragraph (g), "national governing body" means a group of
21    persons who adopt rules and formulate policy on behalf of a
22    national firearm sporting organization.
23        (h) While holding any license as a dealer, importer,
24    manufacturer or pawnbroker under the federal Gun Control
25    Act of 1968, manufactures, sells or delivers to any
26    unlicensed person a handgun having a barrel, slide, frame

 

 

HB1793- 25 -LRB100 06783 SLF 16831 b

1    or receiver which is a die casting of zinc alloy or any
2    other nonhomogeneous metal which will melt or deform at a
3    temperature of less than 800 degrees Fahrenheit. For
4    purposes of this paragraph, (1) "firearm" is defined as in
5    the Firearm Owners Identification Card Act; and (2)
6    "handgun" is defined as a firearm designed to be held and
7    fired by the use of a single hand, and includes a
8    combination of parts from which such a firearm can be
9    assembled.
10        (i) Sells or gives a firearm of any size to any person
11    under 18 years of age who does not possess a valid Firearm
12    Owner's Identification Card.
13        (j) Sells or gives a firearm while engaged in the
14    business of selling firearms at wholesale or retail without
15    being licensed as a federal firearms dealer under Section
16    923 of the federal Gun Control Act of 1968 (18 U.S.C. 923).
17    In this paragraph (j):
18        A person "engaged in the business" means a person who
19    devotes time, attention, and labor to engaging in the
20    activity as a regular course of trade or business with the
21    principal objective of livelihood and profit, but does not
22    include a person who makes occasional repairs of firearms
23    or who occasionally fits special barrels, stocks, or
24    trigger mechanisms to firearms.
25        "With the principal objective of livelihood and
26    profit" means that the intent underlying the sale or

 

 

HB1793- 26 -LRB100 06783 SLF 16831 b

1    disposition of firearms is predominantly one of obtaining
2    livelihood and pecuniary gain, as opposed to other intents,
3    such as improving or liquidating a personal firearms
4    collection; however, proof of profit shall not be required
5    as to a person who engages in the regular and repetitive
6    purchase and disposition of firearms for criminal purposes
7    or terrorism.
8        (k) Sells or transfers ownership of a firearm to a
9    person who does not display to the seller or transferor of
10    the firearm either: (1) a currently valid Firearm Owner's
11    Identification Card that has previously been issued in the
12    transferee's name by the Department of State Police under
13    the provisions of the Firearm Owners Identification Card
14    Act; or (2) a currently valid license to carry a concealed
15    firearm that has previously been issued in the transferee's
16    name by the Department of State Police under the Firearm
17    Concealed Carry Act. This paragraph (k) does not apply to
18    the transfer of a firearm to a person who is exempt from
19    the requirement of possessing a Firearm Owner's
20    Identification Card under Section 2 of the Firearm Owners
21    Identification Card Act. For the purposes of this Section,
22    a currently valid Firearm Owner's Identification Card
23    means (i) a Firearm Owner's Identification Card that has
24    not expired or (ii) an approval number issued in accordance
25    with subsection (a-10) of subsection 3 or Section 3.1 of
26    the Firearm Owners Identification Card Act shall be proof

 

 

HB1793- 27 -LRB100 06783 SLF 16831 b

1    that the Firearm Owner's Identification Card was valid.
2            (1) In addition to the other requirements of this
3        paragraph (k), all persons who are not federally
4        licensed firearms dealers must also have complied with
5        subsection (a-10) of Section 3 of the Firearm Owners
6        Identification Card Act by determining the validity of
7        a purchaser's Firearm Owner's Identification Card.
8            (2) All sellers or transferors who have complied
9        with the requirements of subparagraph (1) of this
10        paragraph (k) shall not be liable for damages in any
11        civil action arising from the use or misuse by the
12        transferee of the firearm transferred, except for
13        willful or wanton misconduct on the part of the seller
14        or transferor.
15        (l) Not being entitled to the possession of a firearm,
16    delivers the firearm, knowing it to have been stolen or
17    converted. It may be inferred that a person who possesses a
18    firearm with knowledge that its serial number has been
19    removed or altered has knowledge that the firearm is stolen
20    or converted.
21        (m) Transfers or gives a suppressor or silencer to a
22    person not authorized to possess the suppressor or silencer
23    under federal law.
24    (B) Paragraph (h) of subsection (A) does not include
25firearms sold within 6 months after enactment of Public Act
2678-355 (approved August 21, 1973, effective October 1, 1973),

 

 

HB1793- 28 -LRB100 06783 SLF 16831 b

1nor is any firearm legally owned or possessed by any citizen or
2purchased by any citizen within 6 months after the enactment of
3Public Act 78-355 subject to confiscation or seizure under the
4provisions of that Public Act. Nothing in Public Act 78-355
5shall be construed to prohibit the gift or trade of any firearm
6if that firearm was legally held or acquired within 6 months
7after the enactment of that Public Act.
8    (C) Sentence.
9        (1) Any person convicted of unlawful sale or delivery
10    of firearms in violation of paragraph (c), (e), (f), (g),
11    or (h) of subsection (A) commits a Class 4 felony.
12        (2) Any person convicted of unlawful sale or delivery
13    of firearms in violation of paragraph (b) or (i), or (m) of
14    subsection (A) commits a Class 3 felony.
15        (3) Any person convicted of unlawful sale or delivery
16    of firearms in violation of paragraph (a) of subsection (A)
17    commits a Class 2 felony.
18        (4) Any person convicted of unlawful sale or delivery
19    of firearms in violation of paragraph (a), (b), or (i) of
20    subsection (A) in any school, on the real property
21    comprising a school, within 1,000 feet of the real property
22    comprising a school, at a school related activity, or on or
23    within 1,000 feet of any conveyance owned, leased, or
24    contracted by a school or school district to transport
25    students to or from school or a school related activity,
26    regardless of the time of day or time of year at which the

 

 

HB1793- 29 -LRB100 06783 SLF 16831 b

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,

 

 

HB1793- 30 -LRB100 06783 SLF 16831 b

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.

 

 

HB1793- 31 -LRB100 06783 SLF 16831 b

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

 

 

HB1793- 32 -LRB100 06783 SLF 16831 b

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
10school, community college, college, or university.
11    "School related activity" means any sporting, social,
12academic, or other activity for which students' attendance or
13participation is sponsored, organized, or funded in whole or in
14part by a school or school district.
15    (E) A prosecution for a violation of paragraph (k) of
16subsection (A) of this Section may be commenced within 6 years
17after the commission of the offense. A prosecution for a
18violation of this Section other than paragraph (g) of
19subsection (A) of this Section may be commenced within 5 years
20after the commission of the offense defined in the particular
21paragraph.
22(Source: P.A. 98-508, eff. 8-19-13; 99-29, eff. 7-10-15;
2399-143, eff. 7-27-15; 99-642, eff. 7-28-16.)
 
24    Section 99. Effective date. This Act takes effect upon
25becoming law.