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Full Text of SB0206  99th General Assembly

SB0206ham002 99TH GENERAL ASSEMBLY

Rep. Brandon W. Phelps

Filed: 5/29/2016

 

 


 

 


 
09900SB0206ham002LRB099 03366 SLF 49406 a

1
AMENDMENT TO SENATE BILL 206

2    AMENDMENT NO. ______. Amend Senate Bill 206 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Wildlife Code is amended by changing
5Section 2.33 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

 

 

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1wild mammal protected by this Act from its den by means of any
2mechanical device, spade, or digging device or to use smoke or
3other gases to dislodge or remove such mammal except as
4provided in Section 2.37.
5    (d) It is unlawful to use a ferret or any other small
6mammal which is used in the same or similar manner for which
7ferrets are used for the purpose of frightening or driving any
8mammals from their dens or hiding places.
9    (e) (Blank).
10    (f) It is unlawful to use spears, gigs, hooks or any like
11device to take any species protected by this Act.
12    (g) It is unlawful to use poisons, chemicals or explosives
13for the purpose of taking any species protected by this Act.
14    (h) It is unlawful to hunt adjacent to or near any peat,
15grass, brush or other inflammable substance when it is burning.
16    (i) It is unlawful to take, pursue or intentionally harass
17or disturb in any manner any wild birds or mammals by use or
18aid of any vehicle or conveyance, except as permitted by the
19Code of Federal Regulations for the taking of waterfowl. It is
20also unlawful to use the lights of any vehicle or conveyance or
21any light from or any light connected to the vehicle or
22conveyance in any area where wildlife may be found except in
23accordance with Section 2.37 of this Act; however, nothing in
24this Section shall prohibit the normal use of headlamps for the
25purpose of driving upon a roadway. Striped skunk, opossum, red
26fox, gray fox, raccoon, bobcat, and coyote may be taken during

 

 

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1the open season by use of a small light which is worn on the
2body or hand-held by a person on foot and not in any vehicle.
3    (j) It is unlawful to use any shotgun larger than 10 gauge
4while taking or attempting to take any of the species protected
5by this Act.
6    (k) It is unlawful to use or possess in the field any
7shotgun shell loaded with a shot size larger than lead BB or
8steel T (.20 diameter) when taking or attempting to take any
9species of wild game mammals (excluding white-tailed deer),
10wild game birds, migratory waterfowl or migratory game birds
11protected by this Act, except white-tailed deer as provided for
12in Section 2.26 and other species as provided for by subsection
13(l) or administrative rule.
14    (l) It is unlawful to take any species of wild game, except
15white-tailed deer and fur-bearing mammals, with a shotgun
16loaded with slugs unless otherwise provided for by
17administrative rule.
18    (m) It is unlawful to use any shotgun capable of holding
19more than 3 shells in the magazine or chamber combined, except
20on game breeding and hunting preserve areas licensed under
21Section 3.27 and except as permitted by the Code of Federal
22Regulations for the taking of waterfowl. If the shotgun is
23capable of holding more than 3 shells, it shall, while being
24used on an area other than a game breeding and shooting
25preserve area licensed pursuant to Section 3.27, be fitted with
26a one piece plug that is irremovable without dismantling the

 

 

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1shotgun or otherwise altered to render it incapable of holding
2more than 3 shells in the magazine and chamber, combined.
3    (n) It is unlawful for any person, except persons who
4possess a permit to hunt from a vehicle as provided in this
5Section and persons otherwise permitted by law, to have or
6carry any gun in or on any vehicle, conveyance or aircraft,
7unless such gun is unloaded and enclosed in a case, except that
8at field trials authorized by Section 2.34 of this Act,
9unloaded guns or guns loaded with blank cartridges only, may be
10carried on horseback while not contained in a case, or to have
11or carry any bow or arrow device in or on any vehicle unless
12such bow or arrow device is unstrung or enclosed in a case, or
13otherwise made inoperable.
14    (o) It is unlawful to use any crossbow for the purpose of
15taking any wild birds or mammals, except as provided for in
16Section 2.5.
17    (p) It is unlawful to take game birds, migratory game birds
18or migratory waterfowl with a rifle, pistol, revolver or
19airgun.
20    (q) It is unlawful to fire a rifle, pistol, revolver or
21airgun on, over or into any waters of this State, including
22frozen waters.
23    (r) It is unlawful to discharge any gun or bow and arrow
24device along, upon, across, or from any public right-of-way or
25highway in this State.
26    (s) (Blank) It is unlawful to use a silencer or other

 

 

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1device to muffle or mute the sound of the explosion or report
2resulting from the firing of any gun.
3    (t) It is unlawful for any person to take or attempt to
4take any species of wildlife or parts thereof, intentionally or
5wantonly allow a dog to hunt, within or upon the land of
6another, or upon waters flowing over or standing on the land of
7another, or to knowingly shoot a gun or bow and arrow device at
8any wildlife physically on or flying over the property of
9another without first obtaining permission from the owner or
10the owner's designee. For the purposes of this Section, the
11owner's designee means anyone who the owner designates in a
12written authorization and the authorization must contain (i)
13the legal or common description of property for such authority
14is given, (ii) the extent that the owner's designee is
15authorized to make decisions regarding who is allowed to take
16or attempt to take any species of wildlife or parts thereof,
17and (iii) the owner's notarized signature. Before enforcing
18this Section the law enforcement officer must have received
19notice from the owner or the owner's designee of a violation of
20this Section. Statements made to the law enforcement officer
21regarding this notice shall not be rendered inadmissible by the
22hearsay rule when offered for the purpose of showing the
23required notice.
24    (u) It is unlawful for any person to discharge any firearm
25for the purpose of taking any of the species protected by this
26Act, or hunt with gun or dog, or intentionally or wantonly

 

 

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1allow a dog to hunt, within 300 yards of an inhabited dwelling
2without first obtaining permission from the owner or tenant,
3except that while trapping, hunting with bow and arrow, hunting
4with dog and shotgun using shot shells only, or hunting with
5shotgun using shot shells only, or providing outfitting
6services under a waterfowl outfitter permit, or on licensed
7game breeding and hunting preserve areas, as defined in Section
83.27, on federally owned and managed lands and on Department
9owned, managed, leased, or controlled lands, a 100 yard
10restriction shall apply.
11    (v) It is unlawful for any person to remove fur-bearing
12mammals from, or to move or disturb in any manner, the traps
13owned by another person without written authorization of the
14owner to do so.
15    (w) It is unlawful for any owner of a dog to knowingly or
16wantonly allow his or her dog to pursue, harass or kill deer,
17except that nothing in this Section shall prohibit the tracking
18of wounded deer with a dog in accordance with the provisions of
19Section 2.26 of this Code.
20    (x) It is unlawful for any person to wantonly or carelessly
21injure or destroy, in any manner whatsoever, any real or
22personal property on the land of another while engaged in
23hunting or trapping thereon.
24    (y) It is unlawful to hunt wild game protected by this Act
25between one half hour after sunset and one half hour before
26sunrise, except that hunting hours between one half hour after

 

 

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1sunset and one half hour before sunrise may be established by
2administrative rule for fur-bearing mammals.
3    (z) It is unlawful to take any game bird (excluding wild
4turkeys and crippled pheasants not capable of normal flight and
5otherwise irretrievable) protected by this Act when not flying.
6Nothing in this Section shall prohibit a person from carrying
7an uncased, unloaded shotgun in a boat, while in pursuit of a
8crippled migratory waterfowl that is incapable of normal
9flight, for the purpose of attempting to reduce the migratory
10waterfowl to possession, provided that the attempt is made
11immediately upon downing the migratory waterfowl and is done
12within 400 yards of the blind from which the migratory
13waterfowl was downed. This exception shall apply only to
14migratory game birds that are not capable of normal flight.
15Migratory waterfowl that are crippled may be taken only with a
16shotgun as regulated by subsection (j) of this Section using
17shotgun shells as regulated in subsection (k) of this Section.
18    (aa) It is unlawful to use or possess any device that may
19be used for tree climbing or cutting, while hunting fur-bearing
20mammals, excluding coyotes.
21    (bb) It is unlawful for any person, except licensed game
22breeders, pursuant to Section 2.29 to import, carry into, or
23possess alive in this State any species of wildlife taken
24outside of this State, without obtaining permission to do so
25from the Director.
26    (cc) It is unlawful for any person to have in his or her

 

 

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1possession any freshly killed species protected by this Act
2during the season closed for taking.
3    (dd) It is unlawful to take any species protected by this
4Act and retain it alive except as provided by administrative
5rule.
6    (ee) It is unlawful to possess any rifle while in the field
7during gun deer season except as provided in Section 2.26 and
8administrative rules.
9    (ff) It is unlawful for any person to take any species
10protected by this Act, except migratory waterfowl, during the
11gun deer hunting season in those counties open to gun deer
12hunting, unless he or she wears, when in the field, a cap and
13upper outer garment of a solid blaze orange color, with such
14articles of clothing displaying a minimum of 400 square inches
15of blaze orange material.
16    (gg) It is unlawful during the upland game season for any
17person to take upland game with a firearm unless he or she
18wears, while in the field, a cap of solid blaze orange color.
19For purposes of this Act, upland game is defined as Bobwhite
20Quail, Hungarian Partridge, Ring-necked Pheasant, Eastern
21Cottontail and Swamp Rabbit.
22    (hh) It shall be unlawful to kill or cripple any species
23protected by this Act for which there is a bag limit without
24making a reasonable effort to retrieve such species and include
25such in the bag limit. It shall be unlawful for any person
26having control over harvested game mammals, game birds, or

 

 

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1migratory game birds for which there is a bag limit to wantonly
2waste or destroy the usable meat of the game, except this shall
3not apply to wildlife taken under Sections 2.37 or 3.22 of this
4Code. For purposes of this subsection, "usable meat" means the
5breast meat of a game bird or migratory game bird and the hind
6ham and front shoulders of a game mammal. It shall be unlawful
7for any person to place, leave, dump, or abandon a wildlife
8carcass or parts of it along or upon a public right-of-way or
9highway or on public or private property, including a waterway
10or stream, without the permission of the owner or tenant. It
11shall not be unlawful to discard game meat that is determined
12to be unfit for human consumption.
13    (ii) This Section shall apply only to those species
14protected by this Act taken within the State. Any species or
15any parts thereof, legally taken in and transported from other
16states or countries, may be possessed within the State, except
17as provided in this Section and Sections 2.35, 2.36 and 3.21.
18    (jj) (Blank).
19    (kk) Nothing contained in this Section shall prohibit the
20Director from issuing permits to paraplegics or to other
21persons with disabilities who meet the requirements set forth
22in administrative rule to shoot or hunt from a vehicle as
23provided by that rule, provided that such is otherwise in
24accord with this Act.
25    (ll) Nothing contained in this Act shall prohibit the
26taking of aquatic life protected by the Fish and Aquatic Life

 

 

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1Code or birds and mammals protected by this Act, except deer
2and fur-bearing mammals, from a boat not camouflaged or
3disguised to alter its identity or to further provide a place
4of concealment and not propelled by sail or mechanical power.
5However, only shotguns not larger than 10 gauge nor smaller
6than .410 bore loaded with not more than 3 shells of a shot
7size no larger than lead BB or steel T (.20 diameter) may be
8used to take species protected by this Act.
9    (mm) Nothing contained in this Act shall prohibit the use
10of a shotgun, not larger than 10 gauge nor smaller than a 20
11gauge, with a rifled barrel.
12    (nn) It shall be unlawful to possess any species of
13wildlife or wildlife parts taken unlawfully in Illinois, any
14other state, or any other country, whether or not the wildlife
15or wildlife parts is indigenous to Illinois. For the purposes
16of this subsection, the statute of limitations for unlawful
17possession of wildlife or wildlife parts shall not cease until
182 years after the possession has permanently ended.
19(Source: P.A. 98-119, eff. 1-1-14; 98-181, eff. 8-5-13; 98-183,
20eff. 1-1-14; 98-290, eff. 8-9-13; 98-756, eff. 7-16-14; 98-914,
21eff. 1-1-15; 99-33, eff. 1-1-16; 99-143, eff. 7-27-15; revised
2210-20-15.)
 
23    Section 10. The Criminal Code of 2012 is amended by
24changing Section 24-1 and 24-3 as follows:
 

 

 

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1    (720 ILCS 5/24-1)  (from Ch. 38, par. 24-1)
2    Sec. 24-1. Unlawful use of weapons.
3    (a) A person commits the offense of unlawful use of weapons
4when he knowingly:
5        (1) Sells, manufactures, purchases, possesses or
6    carries any bludgeon, black-jack, slung-shot, sand-club,
7    sand-bag, metal knuckles or other knuckle weapon
8    regardless of its composition, throwing star, or any knife,
9    commonly referred to as a switchblade knife, which has a
10    blade that opens automatically by hand pressure applied to
11    a button, spring or other device in the handle of the
12    knife, or a ballistic knife, which is a device that propels
13    a knifelike blade as a projectile by means of a coil
14    spring, elastic material or compressed gas; or
15        (2) Carries or possesses with intent to use the same
16    unlawfully against another, a dagger, dirk, billy,
17    dangerous knife, razor, stiletto, broken bottle or other
18    piece of glass, stun gun or taser or any other dangerous or
19    deadly weapon or instrument of like character; or
20        (3) Carries on or about his person or in any vehicle, a
21    tear gas gun projector or bomb or any object containing
22    noxious liquid gas or substance, other than an object
23    containing a non-lethal noxious liquid gas or substance
24    designed solely for personal defense carried by a person 18
25    years of age or older; or
26        (4) Carries or possesses in any vehicle or concealed on

 

 

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1    or about his person except when on his land or in his own
2    abode, legal dwelling, or fixed place of business, or on
3    the land or in the legal dwelling of another person as an
4    invitee with that person's permission, any pistol,
5    revolver, stun gun or taser or other firearm, except that
6    this subsection (a) (4) does not apply to or affect
7    transportation of weapons that meet one of the following
8    conditions:
9            (i) are broken down in a non-functioning state; or
10            (ii) are not immediately accessible; or
11            (iii) are unloaded and enclosed in a case, firearm
12        carrying box, shipping box, or other container by a
13        person who has been issued a currently valid Firearm
14        Owner's Identification Card; or
15            (iv) are carried or possessed in accordance with
16        the Firearm Concealed Carry Act by a person who has
17        been issued a currently valid license under the Firearm
18        Concealed Carry Act; or
19        (5) Sets a spring gun; or
20        (6) Uses, attaches, or possesses with the intent to use
21    or attach Possesses any device or attachment of any kind
22    for designed, used or intended for use in silencing the
23    report of any handgun, unless the use, attachment, or
24    possession with the intent to use the device or attachment
25    is on the premises of a firing or shooting range; or
26    possesses any device or attachment of any kind designed,

 

 

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1    used, or intended for use in silencing the report of any
2    other firearm if the device or attachment is not possessed
3    in compliance with the National Firearms Act firearm; or
4        (7) Sells, manufactures, purchases, possesses or
5    carries:
6            (i) a machine gun, which shall be defined for the
7        purposes of this subsection as any weapon, which
8        shoots, is designed to shoot, or can be readily
9        restored to shoot, automatically more than one shot
10        without manually reloading by a single function of the
11        trigger, including the frame or receiver of any such
12        weapon, or sells, manufactures, purchases, possesses,
13        or carries any combination of parts designed or
14        intended for use in converting any weapon into a
15        machine gun, or any combination or parts from which a
16        machine gun can be assembled if such parts are in the
17        possession or under the control of a person;
18            (ii) any rifle having one or more barrels less than
19        16 inches in length or a shotgun having one or more
20        barrels less than 18 inches in length or any weapon
21        made from a rifle or shotgun, whether by alteration,
22        modification, or otherwise, if such a weapon as
23        modified has an overall length of less than 26 inches;
24        or
25            (iii) any bomb, bomb-shell, grenade, bottle or
26        other container containing an explosive substance of

 

 

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1        over one-quarter ounce for like purposes, such as, but
2        not limited to, black powder bombs and Molotov
3        cocktails or artillery projectiles; or
4        (8) Carries or possesses any firearm, stun gun or taser
5    or other deadly weapon in any place which is licensed to
6    sell intoxicating beverages, or at any public gathering
7    held pursuant to a license issued by any governmental body
8    or any public gathering at which an admission is charged,
9    excluding a place where a showing, demonstration or lecture
10    involving the exhibition of unloaded firearms is
11    conducted.
12        This subsection (a)(8) does not apply to any auction or
13    raffle of a firearm held pursuant to a license or permit
14    issued by a governmental body, nor does it apply to persons
15    engaged in firearm safety training courses; or
16        (9) Carries or possesses in a vehicle or on or about
17    his person any pistol, revolver, stun gun or taser or
18    firearm or ballistic knife, when he is hooded, robed or
19    masked in such manner as to conceal his identity; or
20        (10) Carries or possesses on or about his person, upon
21    any public street, alley, or other public lands within the
22    corporate limits of a city, village or incorporated town,
23    except when an invitee thereon or therein, for the purpose
24    of the display of such weapon or the lawful commerce in
25    weapons, or except when on his land or in his own abode,
26    legal dwelling, or fixed place of business, or on the land

 

 

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1    or in the legal dwelling of another person as an invitee
2    with that person's permission, any pistol, revolver, stun
3    gun or taser or other firearm, except that this subsection
4    (a) (10) does not apply to or affect transportation of
5    weapons that meet one of the following conditions:
6            (i) are broken down in a non-functioning state; or
7            (ii) are not immediately accessible; or
8            (iii) are unloaded and enclosed in a case, firearm
9        carrying box, shipping box, or other container by a
10        person who has been issued a currently valid Firearm
11        Owner's Identification Card; or
12            (iv) are carried or possessed in accordance with
13        the Firearm Concealed Carry Act by a person who has
14        been issued a currently valid license under the Firearm
15        Concealed Carry Act.
16        A "stun gun or taser", as used in this paragraph (a)
17    means (i) any device which is powered by electrical
18    charging units, such as, batteries, and which fires one or
19    several barbs attached to a length of wire and which, upon
20    hitting a human, can send out a current capable of
21    disrupting the person's nervous system in such a manner as
22    to render him incapable of normal functioning or (ii) any
23    device which is powered by electrical charging units, such
24    as batteries, and which, upon contact with a human or
25    clothing worn by a human, can send out current capable of
26    disrupting the person's nervous system in such a manner as

 

 

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1    to render him incapable of normal functioning; or
2        (11) Sells, manufactures or purchases any explosive
3    bullet. For purposes of this paragraph (a) "explosive
4    bullet" means the projectile portion of an ammunition
5    cartridge which contains or carries an explosive charge
6    which will explode upon contact with the flesh of a human
7    or an animal. "Cartridge" means a tubular metal case having
8    a projectile affixed at the front thereof and a cap or
9    primer at the rear end thereof, with the propellant
10    contained in such tube between the projectile and the cap;
11    or
12        (12) (Blank); or
13        (13) Carries or possesses on or about his or her person
14    while in a building occupied by a unit of government, a
15    billy club, other weapon of like character, or other
16    instrument of like character intended for use as a weapon.
17    For the purposes of this Section, "billy club" means a
18    short stick or club commonly carried by police officers
19    which is either telescopic or constructed of a solid piece
20    of wood or other man-made material.
21    (b) Sentence. A person convicted of a violation of
22subsection 24-1(a)(1) through (5), subsection 24-1(a)(10),
23subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a
24Class A misdemeanor. A person convicted of a violation of
25subsection 24-1(a)(8) or 24-1(a)(9) commits a Class 4 felony; a
26person convicted of a violation of subsection 24-1(a)(6) or

 

 

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124-1(a)(7)(ii) or (iii) commits a Class 3 felony. A person
2convicted of a violation of subsection 24-1(a)(7)(i) commits a
3Class 2 felony and shall be sentenced to a term of imprisonment
4of not less than 3 years and not more than 7 years, unless the
5weapon is possessed in the passenger compartment of a motor
6vehicle as defined in Section 1-146 of the Illinois Vehicle
7Code, or on the person, while the weapon is loaded, in which
8case it shall be a Class X felony. A person convicted of a
9second or subsequent violation of subsection 24-1(a)(4),
1024-1(a)(8), 24-1(a)(9), or 24-1(a)(10) commits a Class 3
11felony. The possession of each weapon in violation of this
12Section constitutes a single and separate violation.
13    (c) Violations in specific places.
14        (1) A person who violates subsection 24-1(a)(6) or
15    24-1(a)(7) in any school, regardless of the time of day or
16    the time of year, in residential property owned, operated
17    or 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 the real
20    property comprising any school, regardless of the time of
21    day or the time of year, on residential property owned,
22    operated or managed by a public housing agency or leased by
23    a public housing agency as part of a scattered site or
24    mixed-income development, on the real property comprising
25    any public park, on the real property comprising any
26    courthouse, in any conveyance owned, leased or contracted

 

 

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

 

 

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

 

 

09900SB0206ham002- 20 -LRB099 03366 SLF 49406 a

1    park, courthouse, public transportation facility, or
2    residential property owned, operated, or managed by a
3    public housing agency or leased by a public housing agency
4    as part of a scattered site or mixed-income development
5    commits a Class 4 felony. "Courthouse" means any building
6    that is used by the Circuit, Appellate, or Supreme Court of
7    this State for the conduct of official business.
8        (3) Paragraphs (1), (1.5), and (2) of this subsection
9    (c) shall not apply to law enforcement officers or security
10    officers of such school, college, or university or to
11    students carrying or possessing firearms for use in
12    training courses, parades, hunting, target shooting on
13    school ranges, or otherwise with the consent of school
14    authorities and which firearms are transported unloaded
15    enclosed in a suitable case, box, or transportation
16    package.
17        (4) For the purposes of this subsection (c), "school"
18    means any public or private elementary or secondary school,
19    community college, college, or university.
20        (5) For the purposes of this subsection (c), "public
21    transportation agency" means a public or private agency
22    that provides for the transportation or conveyance of
23    persons by means available to the general public, except
24    for transportation by automobiles not used for conveyance
25    of the general public as passengers; and "public
26    transportation facility" means a terminal or other place

 

 

09900SB0206ham002- 21 -LRB099 03366 SLF 49406 a

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

 

 

09900SB0206ham002- 22 -LRB099 03366 SLF 49406 a

1    age.
2        (b) Sells or gives any firearm to a person under 21
3    years of age who has been convicted of a misdemeanor other
4    than a traffic offense or adjudged delinquent.
5        (c) Sells or gives any firearm to any narcotic addict.
6        (d) Sells or gives any firearm to any person who has
7    been convicted of a felony under the laws of this or any
8    other jurisdiction.
9        (e) Sells or gives any firearm to any person who has
10    been a patient in a mental institution within the past 5
11    years. In this subsection (e):
12            "Mental institution" means any hospital,
13        institution, clinic, evaluation facility, mental
14        health center, or part thereof, which is used primarily
15        for the care or treatment of persons with mental
16        illness.
17            "Patient in a mental institution" means the person
18        was admitted, either voluntarily or involuntarily, to
19        a mental institution for mental health treatment,
20        unless the treatment was voluntary and solely for an
21        alcohol abuse disorder and no other secondary
22        substance abuse disorder or mental illness.
23        (f) Sells or gives any firearms to any person who is a
24    person with an intellectual disability.
25        (g) Delivers any firearm of a size which may be
26    concealed upon the person, incidental to a sale, without

 

 

09900SB0206ham002- 23 -LRB099 03366 SLF 49406 a

1    withholding delivery of such firearm for at least 72 hours
2    after application for its purchase has been made, or
3    delivers any rifle, shotgun or other long gun, or a stun
4    gun or taser, incidental to a sale, without withholding
5    delivery of such rifle, shotgun or other long gun, or a
6    stun gun or taser for at least 24 hours after application
7    for its purchase has been made. However, this paragraph (g)
8    does not apply to: (1) the sale of a firearm to a law
9    enforcement officer if the seller of the firearm knows that
10    the person to whom he or she is selling the firearm is a
11    law enforcement officer or the sale of a firearm to a
12    person who desires to purchase a firearm for use in
13    promoting the public interest incident to his or her
14    employment as a bank guard, armed truck guard, or other
15    similar employment; (2) a mail order sale of a firearm from
16    a federally licensed firearms dealer to a nonresident of
17    Illinois under which the firearm is mailed to a federally
18    licensed firearms dealer outside the boundaries of
19    Illinois; (3) the sale of a firearm to a nonresident of
20    Illinois while at a firearm showing or display recognized
21    by the Illinois Department of State Police; (4) the sale of
22    a firearm to a dealer licensed as a federal firearms dealer
23    under Section 923 of the federal Gun Control Act of 1968
24    (18 U.S.C. 923); or (5) the transfer or sale of any rifle,
25    shotgun, or other long gun to a resident registered
26    competitor or attendee or non-resident registered

 

 

09900SB0206ham002- 24 -LRB099 03366 SLF 49406 a

1    competitor or attendee by any dealer licensed as a federal
2    firearms dealer under Section 923 of the federal Gun
3    Control Act of 1968 at competitive shooting events held at
4    the World Shooting Complex sanctioned by a national
5    governing body. For purposes of transfers or sales under
6    subparagraph (5) of this paragraph (g), the Department of
7    Natural Resources shall give notice to the Department of
8    State Police at least 30 calendar days prior to any
9    competitive shooting events at the World Shooting Complex
10    sanctioned by a national governing body. The notification
11    shall be made on a form prescribed by the Department of
12    State Police. The sanctioning body shall provide a list of
13    all registered competitors and attendees at least 24 hours
14    before the events to the Department of State Police. Any
15    changes to the list of registered competitors and attendees
16    shall be forwarded to the Department of State Police as
17    soon as practicable. The Department of State Police must
18    destroy the list of registered competitors and attendees no
19    later than 30 days after the date of the event. Nothing in
20    this paragraph (g) relieves a federally licensed firearm
21    dealer from the requirements of conducting a NICS
22    background check through the Illinois Point of Contact
23    under 18 U.S.C. 922(t). For purposes of this paragraph (g),
24    "application" means when the buyer and seller reach an
25    agreement to purchase a firearm. For purposes of this
26    paragraph (g), "national governing body" means a group of

 

 

09900SB0206ham002- 25 -LRB099 03366 SLF 49406 a

1    persons who adopt rules and formulate policy on behalf of a
2    national firearm sporting organization.
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

 

 

09900SB0206ham002- 26 -LRB099 03366 SLF 49406 a

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 either: (1) 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; or (2) a currently valid license to carry a concealed
21    firearm that has previously been issued in the transferee's
22    name by the Department of State Police under the Firearm
23    Concealed Carry Act. This paragraph (k) does not apply to
24    the transfer of a firearm to a person who is exempt from
25    the requirement of possessing a Firearm Owner's
26    Identification Card under Section 2 of the Firearm Owners

 

 

09900SB0206ham002- 27 -LRB099 03366 SLF 49406 a

1    Identification Card Act. For the purposes of this Section,
2    a currently valid Firearm Owner's Identification Card
3    means (i) a Firearm Owner's Identification Card that has
4    not expired or (ii) an approval number issued in accordance
5    with subsection (a-10) of subsection 3 or Section 3.1 of
6    the Firearm Owners Identification Card Act shall be proof
7    that the Firearm Owner's Identification Card was valid.
8            (1) In addition to the other requirements of this
9        paragraph (k), all persons who are not federally
10        licensed firearms dealers must also have complied with
11        subsection (a-10) of Section 3 of the Firearm Owners
12        Identification Card Act by determining the validity of
13        a purchaser's Firearm Owner's Identification Card.
14            (2) All sellers or transferors who have complied
15        with the requirements of subparagraph (1) of this
16        paragraph (k) shall not be liable for damages in any
17        civil action arising from the use or misuse by the
18        transferee of the firearm transferred, except for
19        willful or wanton misconduct on the part of the seller
20        or transferor.
21        (l) Not being entitled to the possession of a firearm,
22    delivers the firearm, knowing it to have been stolen or
23    converted. It may be inferred that a person who possesses a
24    firearm with knowledge that its serial number has been
25    removed or altered has knowledge that the firearm is stolen
26    or converted.

 

 

09900SB0206ham002- 28 -LRB099 03366 SLF 49406 a

1    (m) Transfers or gives a suppressor or silencer to a person
2not authorized to possess the suppressor or silencer under
3federal law.
4    (B) Paragraph (h) of subsection (A) does not include
5firearms sold within 6 months after enactment of Public Act
678-355 (approved August 21, 1973, effective October 1, 1973),
7nor is any firearm legally owned or possessed by any citizen or
8purchased by any citizen within 6 months after the enactment of
9Public Act 78-355 subject to confiscation or seizure under the
10provisions of that Public Act. Nothing in Public Act 78-355
11shall be construed to prohibit the gift or trade of any firearm
12if that firearm was legally held or acquired within 6 months
13after the enactment of that Public Act.
14    (C) Sentence.
15        (1) Any person convicted of unlawful sale or delivery
16    of firearms in violation of paragraph (c), (e), (f), (g),
17    or (h) of subsection (A) commits a Class 4 felony.
18        (2) Any person convicted of unlawful sale or delivery
19    of firearms in violation of paragraph (b) or (i), or (m) of
20    subsection (A) commits a Class 3 felony.
21        (3) Any person convicted of unlawful sale or delivery
22    of firearms in violation of paragraph (a) of subsection (A)
23    commits a Class 2 felony.
24        (4) Any person convicted of unlawful sale or delivery
25    of firearms in violation of paragraph (a), (b), or (i) of
26    subsection (A) in any school, on the real property

 

 

09900SB0206ham002- 29 -LRB099 03366 SLF 49406 a

1    comprising a school, within 1,000 feet of the real property
2    comprising a school, at a school related activity, or on or
3    within 1,000 feet of any conveyance owned, leased, or
4    contracted by a school or school district to transport
5    students to or from school or a school related activity,
6    regardless of the time of day or time of year at which the
7    offense was committed, commits a Class 1 felony. Any person
8    convicted of a second or subsequent violation of unlawful
9    sale or delivery of firearms in violation of paragraph (a),
10    (b), or (i) of subsection (A) in any school, on the real
11    property comprising a school, within 1,000 feet of the real
12    property comprising a school, at a school related activity,
13    or on or within 1,000 feet of any conveyance owned, leased,
14    or contracted by a school or school district to transport
15    students to or from school or a school related activity,
16    regardless of the time of day or time of year at which the
17    offense was committed, commits a Class 1 felony for which
18    the sentence shall be a term of imprisonment of no less
19    than 5 years and no more than 15 years.
20        (5) Any person convicted of unlawful sale or delivery
21    of firearms in violation of paragraph (a) or (i) of
22    subsection (A) in residential property owned, operated, or
23    managed by a public housing agency or leased by a public
24    housing agency as part of a scattered site or mixed-income
25    development, in a public park, in a courthouse, on
26    residential property owned, operated, or managed by a

 

 

09900SB0206ham002- 30 -LRB099 03366 SLF 49406 a

1    public housing agency or leased by a public housing agency
2    as part of a scattered site or mixed-income development, on
3    the real property comprising any public park, on the real
4    property comprising any courthouse, or on any public way
5    within 1,000 feet of the real property comprising any
6    public park, courthouse, or residential property owned,
7    operated, or managed by a public housing agency or leased
8    by a public housing agency as part of a scattered site or
9    mixed-income development commits a Class 2 felony.
10        (6) Any person convicted of unlawful sale or delivery
11    of firearms in violation of paragraph (j) of subsection (A)
12    commits a Class A misdemeanor. A second or subsequent
13    violation is a Class 4 felony.
14        (7) Any person convicted of unlawful sale or delivery
15    of firearms in violation of paragraph (k) of subsection (A)
16    commits a Class 4 felony, except that a violation of
17    subparagraph (1) of paragraph (k) of subsection (A) shall
18    not be punishable as a crime or petty offense. A third or
19    subsequent conviction for a violation of paragraph (k) of
20    subsection (A) is a Class 1 felony.
21        (8) A person 18 years of age or older convicted of
22    unlawful sale or delivery of firearms in violation of
23    paragraph (a) or (i) of subsection (A), when the firearm
24    that was sold or given to another person under 18 years of
25    age was used in the commission of or attempt to commit a
26    forcible felony, shall be fined or imprisoned, or both, not

 

 

09900SB0206ham002- 31 -LRB099 03366 SLF 49406 a

1    to exceed the maximum provided for the most serious
2    forcible felony so committed or attempted by the person
3    under 18 years of age who was sold or given the firearm.
4        (9) Any person convicted of unlawful sale or delivery
5    of firearms in violation of paragraph (d) of subsection (A)
6    commits a Class 3 felony.
7        (10) Any person convicted of unlawful sale or delivery
8    of firearms in violation of paragraph (l) of subsection (A)
9    commits a Class 2 felony if the delivery is of one firearm.
10    Any person convicted of unlawful sale or delivery of
11    firearms in violation of paragraph (l) of subsection (A)
12    commits a Class 1 felony if the delivery is of not less
13    than 2 and not more than 5 firearms at the same time or
14    within a one year period. Any person convicted of unlawful
15    sale or delivery of firearms in violation of paragraph (l)
16    of subsection (A) commits a Class X felony for which he or
17    she shall be sentenced to a term of imprisonment of not
18    less than 6 years and not more than 30 years if the
19    delivery is of not less than 6 and not more than 10
20    firearms at the same time or within a 2 year period. Any
21    person convicted of unlawful sale or delivery of firearms
22    in violation of paragraph (l) of subsection (A) commits a
23    Class X felony for which he or she shall be sentenced to a
24    term of imprisonment of not less than 6 years and not more
25    than 40 years if the delivery is of not less than 11 and
26    not more than 20 firearms at the same time or within a 3

 

 

09900SB0206ham002- 32 -LRB099 03366 SLF 49406 a

1    year period. Any person convicted of unlawful sale or
2    delivery of firearms in violation of paragraph (l) of
3    subsection (A) commits a Class X felony for which he or she
4    shall be sentenced to a term of imprisonment of not less
5    than 6 years and not more than 50 years if the delivery is
6    of not less than 21 and not more than 30 firearms at the
7    same time or within a 4 year period. Any person convicted
8    of unlawful sale or delivery of firearms in violation of
9    paragraph (l) of subsection (A) commits a Class X felony
10    for which he or she shall be sentenced to a term of
11    imprisonment of not less than 6 years and not more than 60
12    years if the delivery is of 31 or more firearms at the same
13    time or within a 5 year period.
14    (D) For purposes of this Section:
15    "School" means a public or private elementary or secondary
16school, community college, college, or university.
17    "School related activity" means any sporting, social,
18academic, or other activity for which students' attendance or
19participation is sponsored, organized, or funded in whole or in
20part by a school or school district.
21    (E) A prosecution for a violation of paragraph (k) of
22subsection (A) of this Section may be commenced within 6 years
23after the commission of the offense. A prosecution for a
24violation of this Section other than paragraph (g) of
25subsection (A) of this Section may be commenced within 5 years
26after the commission of the offense defined in the particular

 

 

09900SB0206ham002- 33 -LRB099 03366 SLF 49406 a

1paragraph.
2(Source: P.A. 98-508, eff. 8-19-13; 99-29, eff. 7-10-15;
399-143, eff. 7-27-15; revised 10-16-15.)
 
4    Section 99. Effective date. This Act takes effect upon
5becoming law.".