Illinois General Assembly - Full Text of SB0803
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Full Text of SB0803  99th General Assembly

SB0803sam001 99TH GENERAL ASSEMBLY

Sen. William R. Haine

Filed: 5/20/2015

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 803

2    AMENDMENT NO. ______. Amend Senate Bill 803 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Firearm Owners Identification Card Act is
5amended by changing Sections 1.1, 2, and 3.1 and by adding
6Section 13.4 as follows:
 
7    (430 ILCS 65/1.1)  (from Ch. 38, par. 83-1.1)
8    Sec. 1.1. For purposes of this Act:
9    "Addicted to narcotics" means a person who has been:
10        (1) convicted of an offense involving the use or
11    possession of cannabis, a controlled substance, or
12    methamphetamine within the past year; or
13        (2) determined by the Department of State Police to be
14    addicted to narcotics based upon federal law or federal
15    guidelines.
16    "Addicted to narcotics" does not include possession or use

 

 

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1of a prescribed controlled substance under the direction and
2authority of a physician or other person authorized to
3prescribe the controlled substance when the controlled
4substance is used in the prescribed manner.
5    "Adjudicated as a mentally disabled person" means the
6person is the subject of a determination by a court, board,
7commission or other lawful authority that the person, as a
8result of marked subnormal intelligence, or mental illness,
9mental impairment, incompetency, condition, or disease:
10        (1) presents a clear and present danger to himself,
11    herself, or to others;
12        (2) lacks the mental capacity to manage his or her own
13    affairs or is adjudicated a disabled person as defined in
14    Section 11a-2 of the Probate Act of 1975;
15        (3) is not guilty in a criminal case by reason of
16    insanity, mental disease or defect;
17        (3.5) is guilty but mentally ill, as provided in
18    Section 5-2-6 of the Unified Code of Corrections;
19        (4) is incompetent to stand trial in a criminal case;
20        (5) is not guilty by reason of lack of mental
21    responsibility under Articles 50a and 72b of the Uniform
22    Code of Military Justice, 10 U.S.C. 850a, 876b;
23        (6) is a sexually violent person under subsection (f)
24    of Section 5 of the Sexually Violent Persons Commitment
25    Act;
26        (7) is a sexually dangerous person under the Sexually

 

 

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1    Dangerous Persons Act;
2        (8) is unfit to stand trial under the Juvenile Court
3    Act of 1987;
4        (9) is not guilty by reason of insanity under the
5    Juvenile Court Act of 1987;
6        (10) is subject to involuntary admission as an
7    inpatient as defined in Section 1-119 of the Mental Health
8    and Developmental Disabilities Code;
9        (11) is subject to involuntary admission as an
10    outpatient as defined in Section 1-119.1 of the Mental
11    Health and Developmental Disabilities Code;
12        (12) is subject to judicial admission as set forth in
13    Section 4-500 of the Mental Health and Developmental
14    Disabilities Code; or
15        (13) is subject to the provisions of the Interstate
16    Agreements on Sexually Dangerous Persons Act.
17    "Clear and present danger" means a person who:
18        (1) communicates a serious threat of physical violence
19    against a reasonably identifiable victim or poses a clear
20    and imminent risk of serious physical injury to himself,
21    herself, or another person as determined by a physician,
22    clinical psychologist, or qualified examiner; or
23        (2) demonstrates threatening physical or verbal
24    behavior, such as violent, suicidal, or assaultive
25    threats, actions, or other behavior, as determined by a
26    physician, clinical psychologist, qualified examiner,

 

 

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1    school administrator, or law enforcement official.
2    "Clinical psychologist" has the meaning provided in
3Section 1-103 of the Mental Health and Developmental
4Disabilities Code.
5    "Controlled substance" means a controlled substance or
6controlled substance analog as defined in the Illinois
7Controlled Substances Act.
8    "Counterfeit" means to copy or imitate, without legal
9authority, with intent to deceive.
10    "Developmentally disabled" means a disability which is
11attributable to any other condition which results in impairment
12similar to that caused by an intellectual disability and which
13requires services similar to those required by intellectually
14disabled persons. The disability must originate before the age
15of 18 years, be expected to continue indefinitely, and
16constitute a substantial handicap.
17    "Federally licensed firearm dealer" means a person who is
18licensed as a federal firearms dealer under Section 923 of the
19federal Gun Control Act of 1968 (18 U.S.C. 923).
20    "Firearm" means any device, by whatever name known, which
21is designed to expel a projectile or projectiles by the action
22of an explosion, expansion of gas or escape of gas; excluding,
23however:
24        (1) any pneumatic gun, spring gun, paint ball gun, or
25    B-B gun which expels a single globular projectile not
26    exceeding .18 inch in diameter or which has a maximum

 

 

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1    muzzle velocity of less than 700 feet per second;
2        (1.1) any pneumatic gun, spring gun, paint ball gun, or
3    B-B gun which expels breakable paint balls containing
4    washable marking colors;
5        (2) any device used exclusively for signalling or
6    safety and required or recommended by the United States
7    Coast Guard or the Interstate Commerce Commission;
8        (3) any device used exclusively for the firing of stud
9    cartridges, explosive rivets or similar industrial
10    ammunition; and
11        (4) an antique firearm (other than a machine-gun)
12    which, although designed as a weapon, the Department of
13    State Police finds by reason of the date of its
14    manufacture, value, design, and other characteristics is
15    primarily a collector's item and is not likely to be used
16    as a weapon.
17    "Firearm ammunition" means any self-contained cartridge or
18shotgun shell, by whatever name known, which is designed to be
19used or adaptable to use in a firearm; excluding, however:
20        (1) any ammunition exclusively designed for use with a
21    device used exclusively for signalling or safety and
22    required or recommended by the United States Coast Guard or
23    the Interstate Commerce Commission; and
24        (2) any ammunition designed exclusively for use with a
25    stud or rivet driver or other similar industrial
26    ammunition.

 

 

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1    "Gun show" means an event or function:
2        (1) at which the sale and transfer of firearms is the
3    regular and normal course of business and where 50 or more
4    firearms are displayed, offered, or exhibited for sale,
5    transfer, or exchange; or
6        (2) at which not less than 10 gun show vendors display,
7    offer, or exhibit for sale, sell, transfer, or exchange
8    firearms.
9    "Gun show" includes the entire premises provided for an
10event or function, including parking areas for the event or
11function, that is sponsored to facilitate the purchase, sale,
12transfer, or exchange of firearms as described in this Section.
13    "Gun show" does not include training or safety classes,
14competitive shooting events, such as rifle, shotgun, or handgun
15matches, trap, skeet, or sporting clays shoots, dinners,
16banquets, raffles, or any other event where the sale or
17transfer of firearms is not the primary course of business.
18    "Gun show promoter" means a person who organizes or
19operates a gun show.
20    "Gun show vendor" means a person who exhibits, sells,
21offers for sale, transfers, or exchanges any firearms at a gun
22show, regardless of whether the person arranges with a gun show
23promoter for a fixed location from which to exhibit, sell,
24offer for sale, transfer, or exchange any firearm.
25    "Intellectually disabled" means significantly subaverage
26general intellectual functioning which exists concurrently

 

 

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1with impairment in adaptive behavior and which originates
2before the age of 18 years.
3    "Involuntarily admitted" has the meaning as prescribed in
4Sections 1-119 and 1-119.1 of the Mental Health and
5Developmental Disabilities Code.
6    "Mental health facility" means any licensed private
7hospital or hospital affiliate, institution, or facility, or
8part thereof, and any facility, or part thereof, operated by
9the State or a political subdivision thereof which provide
10treatment of persons with mental illness and includes all
11hospitals, institutions, clinics, evaluation facilities,
12mental health centers, colleges, universities, long-term care
13facilities, and nursing homes, or parts thereof, which provide
14treatment of persons with mental illness whether or not the
15primary purpose is to provide treatment of persons with mental
16illness.
17    "Patient" means:
18        (1) a person who voluntarily receives mental health
19    treatment as an in-patient or resident of any public or
20    private mental health facility, unless the treatment was
21    solely for an alcohol abuse disorder and no other secondary
22    substance abuse disorder or mental illness; or
23        (2) a person who voluntarily receives mental health
24    treatment as an out-patient or is provided services by a
25    public or private mental health facility, and who poses a
26    clear and present danger to himself, herself, or to others.

 

 

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1    "Physician" has the meaning as defined in Section 1-120 of
2the Mental Health and Developmental Disabilities Code.
3    "Qualified examiner" has the meaning provided in Section
41-122 of the Mental Health and Developmental Disabilities Code.
5    "Sanctioned competitive shooting event" means a shooting
6contest officially recognized by a national or state shooting
7sport association, and includes any sight-in or practice
8conducted in conjunction with the event.
9    "School administrator" means the person required to report
10under the School Administrator Reporting of Mental Health Clear
11and Present Danger Determinations Law.
12    "Stun gun or taser" has the meaning ascribed to it in
13Section 24-1 of the Criminal Code of 2012.
14    "Suppressor" means any device or attachment of any kind
15designed, used, or intended for use in silencing or suppressing
16the report of any firearm.
17(Source: P.A. 97-776, eff. 7-13-12; 97-1150, eff. 1-25-13;
1897-1167, eff. 6-1-13; 98-63, eff. 7-9-13.)
 
19    (430 ILCS 65/2)  (from Ch. 38, par. 83-2)
20    Sec. 2. Firearm Owner's Identification Card required;
21exceptions.
22    (a) (1) No person may acquire or possess any firearm, stun
23    gun, suppressor, or taser within this State without having
24    in his or her possession a Firearm Owner's Identification
25    Card previously issued in his or her name by the Department

 

 

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1    of State Police under the provisions of this Act.
2        (2) No person may acquire or possess firearm ammunition
3    within this State without having in his or her possession a
4    Firearm Owner's Identification Card previously issued in
5    his or her name by the Department of State Police under the
6    provisions of this Act.
7    (b) The provisions of this Section regarding the possession
8of firearms, firearm ammunition, stun guns, and tasers do not
9apply to:
10        (1) United States Marshals, while engaged in the
11    operation of their official duties;
12        (2) Members of the Armed Forces of the United States or
13    the National Guard, while engaged in the operation of their
14    official duties;
15        (3) Federal officials required to carry firearms,
16    while engaged in the operation of their official duties;
17        (4) Members of bona fide veterans organizations which
18    receive firearms directly from the armed forces of the
19    United States, while using the firearms for ceremonial
20    purposes with blank ammunition;
21        (5) Nonresident hunters during hunting season, with
22    valid nonresident hunting licenses and while in an area
23    where hunting is permitted; however, at all other times and
24    in all other places these persons must have their firearms
25    unloaded and enclosed in a case;
26        (6) Those hunters exempt from obtaining a hunting

 

 

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1    license who are required to submit their Firearm Owner's
2    Identification Card when hunting on Department of Natural
3    Resources owned or managed sites;
4        (7) Nonresidents while on a firing or shooting range
5    recognized by the Department of State Police; however,
6    these persons must at all other times and in all other
7    places have their firearms unloaded and enclosed in a case;
8        (8) Nonresidents while at a firearm showing or display
9    recognized by the Department of State Police; however, at
10    all other times and in all other places these persons must
11    have their firearms unloaded and enclosed in a case;
12        (9) Nonresidents whose firearms are unloaded and
13    enclosed in a case;
14        (10) Nonresidents who are currently licensed or
15    registered to possess a firearm, ammunition, or suppressor
16    in their resident state;
17        (11) Unemancipated minors while in the custody and
18    immediate control of their parent or legal guardian or
19    other person in loco parentis to the minor if the parent or
20    legal guardian or other person in loco parentis to the
21    minor has a currently valid Firearm Owner's Identification
22    Card;
23        (12) Color guards of bona fide veterans organizations
24    or members of bona fide American Legion bands while using
25    firearms for ceremonial purposes with blank ammunition;
26        (13) Nonresident hunters whose state of residence does

 

 

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1    not require them to be licensed or registered to possess a
2    firearm and only during hunting season, with valid hunting
3    licenses, while accompanied by, and using a firearm owned
4    by, a person who possesses a valid Firearm Owner's
5    Identification Card and while in an area within a
6    commercial club licensed under the Wildlife Code where
7    hunting is permitted and controlled, but in no instance
8    upon sites owned or managed by the Department of Natural
9    Resources;
10        (14) Resident hunters who are properly authorized to
11    hunt and, while accompanied by a person who possesses a
12    valid Firearm Owner's Identification Card, hunt in an area
13    within a commercial club licensed under the Wildlife Code
14    where hunting is permitted and controlled;
15        (15) A person who is otherwise eligible to obtain a
16    Firearm Owner's Identification Card under this Act and is
17    under the direct supervision of a holder of a Firearm
18    Owner's Identification Card who is 21 years of age or older
19    while the person is on a firing or shooting range or is a
20    participant in a firearms safety and training course
21    recognized by a law enforcement agency or a national,
22    statewide shooting sports organization; and
23        (16) Competitive shooting athletes whose competition
24    firearms are sanctioned by the International Olympic
25    Committee, the International Paralympic Committee, the
26    International Shooting Sport Federation, or USA Shooting

 

 

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1    in connection with such athletes' training for and
2    participation in shooting competitions at the 2016 Olympic
3    and Paralympic Games and sanctioned test events leading up
4    to the 2016 Olympic and Paralympic Games.
5    (c) The provisions of this Section regarding the
6acquisition and possession of firearms, firearm ammunition,
7stun guns, and tasers do not apply to law enforcement officials
8of this or any other jurisdiction, while engaged in the
9operation of their official duties.
10    (d) Any person who becomes a resident of this State, who is
11not otherwise prohibited from obtaining, possessing, or using a
12firearm or firearm ammunition, shall not be required to have a
13Firearm Owner's Identification Card to possess firearms or
14firearms ammunition until 60 calendar days after he or she
15obtains an Illinois driver's license or Illinois
16Identification Card.
17(Source: P.A. 96-7, eff. 4-3-09; 97-1131, eff. 1-1-13.)
 
18    (430 ILCS 65/3.1)  (from Ch. 38, par. 83-3.1)
19    Sec. 3.1. Dial up system.
20    (a) The Department of State Police shall provide a dial up
21telephone system or utilize other existing technology which
22shall be used by any federally licensed firearm dealer, gun
23show promoter, or gun show vendor who is to transfer a firearm,
24stun gun, suppressor, or taser under the provisions of this
25Act. The Department of State Police may utilize existing

 

 

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1technology which allows the caller to be charged a fee not to
2exceed $2. Fees collected by the Department of State Police
3shall be deposited in the State Police Services Fund and used
4to provide the service.
5    (b) Upon receiving a request from a federally licensed
6firearm dealer, gun show promoter, or gun show vendor, the
7Department of State Police shall immediately approve, or within
8the time period established by Section 24-3 of the Criminal
9Code of 2012 regarding the delivery of firearms, stun guns,
10suppressors, and tasers notify the inquiring dealer, gun show
11promoter, or gun show vendor of any objection that would
12disqualify the transferee from acquiring or possessing a
13firearm, stun gun, suppressor, or taser. In conducting the
14inquiry, the Department of State Police shall initiate and
15complete an automated search of its criminal history record
16information files and those of the Federal Bureau of
17Investigation, including the National Instant Criminal
18Background Check System, and of the files of the Department of
19Human Services relating to mental health and developmental
20disabilities to obtain any felony conviction or patient
21hospitalization information which would disqualify a person
22from obtaining or require revocation of a currently valid
23Firearm Owner's Identification Card.
24    (c) If receipt of a firearm or suppressor would not violate
25Section 24-3 of the Criminal Code of 2012, federal law, or this
26Act the Department of State Police shall:

 

 

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1        (1) assign a unique identification number to the
2    transfer; and
3        (2) provide the licensee, gun show promoter, or gun
4    show vendor with the number.
5    (d) Approvals issued by the Department of State Police for
6the purchase of a firearm are valid for 30 days from the date
7of issue.
8    (e) (1) The Department of State Police must act as the
9Illinois Point of Contact for the National Instant Criminal
10Background Check System.
11    (2) The Department of State Police and the Department of
12Human Services shall, in accordance with State and federal law
13regarding confidentiality, enter into a memorandum of
14understanding with the Federal Bureau of Investigation for the
15purpose of implementing the National Instant Criminal
16Background Check System in the State. The Department of State
17Police shall report the name, date of birth, and physical
18description of any person prohibited from possessing a firearm
19pursuant to the Firearm Owners Identification Card Act or 18
20U.S.C. 922(g) and (n) to the National Instant Criminal
21Background Check System Index, Denied Persons Files.
22    (3) The Department of State Police shall provide notice of
23the disqualification of a person under subsection (b) of this
24Section or the revocation of a person's Firearm Owner's
25Identification Card under Section 8 of this Act, and the reason
26for the disqualification or revocation, to all law enforcement

 

 

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1agencies with jurisdiction to assist with the seizure of the
2person's Firearm Owner's Identification Card.
3    (f) The Department of State Police shall adopt rules not
4inconsistent with this Section to implement this system.
5(Source: P.A. 97-1150, eff. 1-25-13; 98-63, eff. 7-9-13.)
 
6    (430 ILCS 65/13.4 new)
7    Sec. 13.4. Firearm transfer certification.
8    (a) The Director of State Police, or his or her designee,
9may not make a certification under this Section that the
10Director knows to be untrue. The Director may not refuse to
11provide certification based on a generalized objection to
12private persons or entities making, possessing, or receiving
13firearms or any certain type of firearm, or suppressors, the
14possession of which is not prohibited by State law.
15    (b) Upon receiving a federal firearm transfer form (ATF
16Form 1 or Form 4), the Director of State Police, or his or her
17designee, shall provide certification if the applicant:
18        (1) is not prohibited by law from receiving or
19    possessing the firearm or suppressor; or
20        (2) is not the subject of a proceeding that could
21    result in the applicant being prohibited by law from
22    receiving or possessing the firearm or suppressor.
23    (c) The Director of State Police, or his or her designee,
24signing the federal transfer form shall:
25        (1) return the federal transfer form to the applicant

 

 

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1    within 15 calendar days; or
2        (2) if the applicant is denied, provide to the
3    applicant the reasons for denial in writing within 15
4    calendar days.
 
5    Section 10. The Wildlife Code is amended by changing
6Section 2.33 and by adding Section 2.33-2 as follows:
 
7    (520 ILCS 5/2.33)  (from Ch. 61, par. 2.33)
8    Sec. 2.33. Prohibitions.
9    (a) It is unlawful to carry or possess any gun in any State
10refuge unless otherwise permitted by administrative rule.
11    (b) It is unlawful to use or possess any snare or
12snare-like device, deadfall, net, or pit trap to take any
13species, except that snares not powered by springs or other
14mechanical devices may be used to trap fur-bearing mammals, in
15water sets only, if at least one-half of the snare noose is
16located underwater at all times.
17    (c) It is unlawful for any person at any time to take a
18wild mammal protected by this Act from its den by means of any
19mechanical device, spade, or digging device or to use smoke or
20other gases to dislodge or remove such mammal except as
21provided in Section 2.37.
22    (d) It is unlawful to use a ferret or any other small
23mammal which is used in the same or similar manner for which
24ferrets 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 and coyote may be taken during the open
20season by use of a small light which is worn on the body or
21hand-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

 

 

09900SB0803sam001- 21 -LRB099 06116 RLC 35817 a

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

 

 

09900SB0803sam001- 22 -LRB099 06116 RLC 35817 a

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

 

 

09900SB0803sam001- 23 -LRB099 06116 RLC 35817 a

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

 

 

09900SB0803sam001- 24 -LRB099 06116 RLC 35817 a

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
14disabled persons who meet the requirements set forth in
15administrative rule to shoot or hunt from a vehicle as provided
16by that rule, provided that such is otherwise in accord with
17this 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

 

 

09900SB0803sam001- 25 -LRB099 06116 RLC 35817 a

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. 97-645, eff. 12-30-11; 97-907, eff. 8-7-12;
1398-119, eff. 1-1-14; 98-181, eff. 8-5-13; 98-183, eff. 1-1-14;
1498-290, eff. 8-9-13; 98-756, eff. 7-16-14; 98-914, eff.
151-1-15.)
 
16    (520 ILCS 5/2.33-2 new)
17    Sec. 2.33-2. Use of silencers.
18    (a) Notwithstanding any other provision of this Act, no
19person shall, carry, possess, transport or use a silencer,
20suppressor or other device to muffle or mute the sound of the
21explosion or report resulting from the firing of any gun for
22the taking of game, unless such silencer, suppressor, or device
23is in compliance with the National Firearms Act.
24    (b) Any game animal regulated under this Act may be taken
25within its season with a silencer, suppressor, or device to

 

 

09900SB0803sam001- 26 -LRB099 06116 RLC 35817 a

1muffle or mute the sound of the explosion or report resulting
2from the firing of any gun. A silencer, suppressor, or device
3to muffle or mute the sound of the explosion or report
4resulting from the firing of any gun may be used when taking
5wildlife in accordance with Section 2.37 of this Act.
 
6    Section 15. The Criminal Code of 2012 is amended by
7changing Sections 24-1, 24-1.1, 24-1.8, 24-2, 24-3, 24-3.5,
824-4.1, and 24-5 and by adding Section 2-23 as follows:
 
9    (720 ILCS 5/2-23 new)
10    Sec. 2-23. "Suppressor" or "silencer". "Suppressor" or
11"silencer" have the meaning ascribed to "suppressor" in Section
121.1 of the Firearm Owners Identification Card Act.
 
13    (720 ILCS 5/24-1)  (from Ch. 38, par. 24-1)
14    Sec. 24-1. Unlawful Use of Weapons.
15    (a) A person commits the offense of unlawful use of weapons
16when he knowingly:
17        (1) Sells, manufactures, purchases, possesses or
18    carries any bludgeon, black-jack, slung-shot, sand-club,
19    sand-bag, metal knuckles or other knuckle weapon
20    regardless of its composition, throwing star, or any knife,
21    commonly referred to as a switchblade knife, which has a
22    blade that opens automatically by hand pressure applied to
23    a button, spring or other device in the handle of the

 

 

09900SB0803sam001- 27 -LRB099 06116 RLC 35817 a

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

 

 

09900SB0803sam001- 28 -LRB099 06116 RLC 35817 a

1        carrying box, shipping box, or other container by a
2        person who has been issued a currently valid Firearm
3        Owner's Identification Card; or
4        (5) Sets a spring gun; or
5        (6) Possesses any device or attachment of any kind
6    designed, used, or intended for use in silencing or
7    suppressing the report of any firearm that is not in
8    compliance with the National Firearms Act; or
9        (7) Sells, manufactures, purchases, possesses or
10    carries:
11            (i) a machine gun, which shall be defined for the
12        purposes of this subsection as any weapon, which
13        shoots, is designed to shoot, or can be readily
14        restored to shoot, automatically more than one shot
15        without manually reloading by a single function of the
16        trigger, including the frame or receiver of any such
17        weapon, or sells, manufactures, purchases, possesses,
18        or carries any combination of parts designed or
19        intended for use in converting any weapon into a
20        machine gun, or any combination or parts from which a
21        machine gun can be assembled if such parts are in the
22        possession or under the control of a person;
23            (ii) any rifle having one or more barrels less than
24        16 inches in length or a shotgun having one or more
25        barrels less than 18 inches in length or any weapon
26        made from a rifle or shotgun, whether by alteration,

 

 

09900SB0803sam001- 29 -LRB099 06116 RLC 35817 a

1        modification, or otherwise, if such a weapon as
2        modified has an overall length of less than 26 inches;
3        or
4            (iii) any bomb, bomb-shell, grenade, bottle or
5        other container containing an explosive substance of
6        over one-quarter ounce for like purposes, such as, but
7        not limited to, black powder bombs and Molotov
8        cocktails or artillery projectiles; or
9        (8) Carries or possesses any firearm, stun gun or taser
10    or other deadly weapon in any place which is licensed to
11    sell intoxicating beverages, or at any public gathering
12    held pursuant to a license issued by any governmental body
13    or any public gathering at which an admission is charged,
14    excluding a place where a showing, demonstration or lecture
15    involving the exhibition of unloaded firearms is
16    conducted.
17        This subsection (a)(8) does not apply to any auction or
18    raffle of a firearm held pursuant to a license or permit
19    issued by a governmental body, nor does it apply to persons
20    engaged in firearm safety training courses; or
21        (9) Carries or possesses in a vehicle or on or about
22    his person any pistol, revolver, stun gun or taser or
23    firearm or ballistic knife, when he is hooded, robed or
24    masked in such manner as to conceal his identity; or
25        (10) Carries or possesses on or about his person, upon
26    any public street, alley, or other public lands within the

 

 

09900SB0803sam001- 30 -LRB099 06116 RLC 35817 a

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

 

 

09900SB0803sam001- 31 -LRB099 06116 RLC 35817 a

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

 

 

09900SB0803sam001- 32 -LRB099 06116 RLC 35817 a

1person convicted of a violation of subsection 24-1(a)(6) or
224-1(a)(7)(ii) or (iii) commits a Class 3 felony. A person
3convicted of a violation of subsection 24-1(a)(7)(i) commits a
4Class 2 felony and shall be sentenced to a term of imprisonment
5of not less than 3 years and not more than 7 years, unless the
6weapon is possessed in the passenger compartment of a motor
7vehicle as defined in Section 1-146 of the Illinois Vehicle
8Code, or on the person, while the weapon is loaded, in which
9case it shall be a Class X felony. A person convicted of a
10second or subsequent violation of subsection 24-1(a)(4),
1124-1(a)(8), 24-1(a)(9), or 24-1(a)(10) commits a Class 3
12felony. The possession of each weapon in violation of this
13Section constitutes a single and separate violation.
14    (c) Violations in specific places.
15        (1) A person who violates subsection 24-1(a)(6) or
16    24-1(a)(7) in any school, regardless of the time of day or
17    the time of year, in residential property owned, operated
18    or managed by a public housing agency or leased by a public
19    housing agency as part of a scattered site or mixed-income
20    development, in a public park, in a courthouse, on the real
21    property comprising any school, regardless of the time of
22    day or the time of year, on residential property owned,
23    operated or managed by a public housing agency or leased by
24    a public housing agency as part of a scattered site or
25    mixed-income development, on the real property comprising
26    any public park, on the real property comprising any

 

 

09900SB0803sam001- 33 -LRB099 06116 RLC 35817 a

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

 

 

09900SB0803sam001- 34 -LRB099 06116 RLC 35817 a

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

 

 

09900SB0803sam001- 35 -LRB099 06116 RLC 35817 a

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

 

 

09900SB0803sam001- 36 -LRB099 06116 RLC 35817 a

1    transportation facility" means a terminal or other place
2    where one may obtain public transportation.
3    (d) The presence in an automobile other than a public
4omnibus of any weapon, instrument or substance referred to in
5subsection (a)(7) is prima facie evidence that it is in the
6possession of, and is being carried by, all persons occupying
7such automobile at the time such weapon, instrument or
8substance is found, except under the following circumstances:
9(i) if such weapon, instrument or instrumentality is found upon
10the person of one of the occupants therein; or (ii) if such
11weapon, instrument or substance is found in an automobile
12operated for hire by a duly licensed driver in the due, lawful
13and proper pursuit of his trade, then such presumption shall
14not apply to the driver.
15    (e) Exemptions. Crossbows, Common or Compound bows and
16Underwater Spearguns are exempted from the definition of
17ballistic knife as defined in paragraph (1) of subsection (a)
18of this Section.
19(Source: P.A. 95-331, eff. 8-21-07; 95-809, eff. 1-1-09;
2095-885, eff. 1-1-09; 96-41, eff. 1-1-10; 96-328, eff. 8-11-09;
2196-742, eff. 8-25-09; 96-1000, eff. 7-2-10.)
 
22    (720 ILCS 5/24-1.1)  (from Ch. 38, par. 24-1.1)
23    Sec. 24-1.1. Unlawful Use or Possession of Weapons by
24Felons or Persons in the Custody of the Department of
25Corrections Facilities.

 

 

09900SB0803sam001- 37 -LRB099 06116 RLC 35817 a

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

 

 

09900SB0803sam001- 38 -LRB099 06116 RLC 35817 a

1shall be a Class 2 felony for which the person shall be
2sentenced to a term of imprisonment of not less than 3 years
3and not more than 14 years. Violation of this Section by a
4person not confined in a penal institution who has been
5convicted of a forcible felony, a felony violation of Article
624 of this Code or of the Firearm Owners Identification Card
7Act, stalking or aggravated stalking, or a Class 2 or greater
8felony under the Illinois Controlled Substances Act, the
9Cannabis Control Act, or the Methamphetamine Control and
10Community Protection Act is a Class 2 felony for which the
11person shall be sentenced to not less than 3 years and not more
12than 14 years. Violation of this Section by a person who is on
13parole or mandatory supervised release is a Class 2 felony for
14which the person shall be sentenced to not less than 3 years
15and not more than 14 years. Violation of this Section by a
16person not confined in a penal institution is a Class X felony
17when the firearm possessed is a machine gun. Any person who
18violates this Section while confined in a penal institution,
19which is a facility of the Illinois Department of Corrections,
20is guilty of a Class 1 felony, if he possesses any weapon
21prohibited under Section 24-1 of this Code regardless of the
22intent with which he possesses it, a Class X felony if he
23possesses any firearm, firearm ammunition or explosive, and a
24Class X felony for which the offender shall be sentenced to not
25less than 12 years and not more than 50 years when the firearm
26possessed is a machine gun. A violation of this Section while

 

 

09900SB0803sam001- 39 -LRB099 06116 RLC 35817 a

1wearing or in possession of body armor as defined in Section
233F-1 is a Class X felony punishable by a term of imprisonment
3of not less than 10 years and not more than 40 years. The
4possession of each firearm or firearm ammunition in violation
5of this Section constitutes a single and separate violation.
6(Source: P.A. 97-237, eff. 1-1-12.)
 
7    (720 ILCS 5/24-1.8)
8    Sec. 24-1.8. Unlawful possession of a firearm by a street
9gang member.
10    (a) A person commits unlawful possession of a firearm by a
11street gang member when he or she knowingly:
12        (1) possesses, carries, or conceals on or about his or
13    her person a firearm, and firearm ammunition, silencer, or
14    suppressor while on any street, road, alley, gangway,
15    sidewalk, or any other lands, except when inside his or her
16    own abode or inside his or her fixed place of business, and
17    has not been issued a currently valid Firearm Owner's
18    Identification Card and is a member of a street gang; or
19        (2) possesses or carries in any vehicle a firearm, and
20    firearm ammunition, silencer, or suppressor which are both
21    immediately accessible at the time of the offense while on
22    any street, road, alley, or any other lands, except when
23    inside his or her own abode or garage, and has not been
24    issued a currently valid Firearm Owner's Identification
25    Card and is a member of a street gang.

 

 

09900SB0803sam001- 40 -LRB099 06116 RLC 35817 a

1    (b) Unlawful possession of a firearm by a street gang
2member is a Class 2 felony for which the person, if sentenced
3to a term of imprisonment, shall be sentenced to no less than 3
4years and no more than 10 years. A period of probation, a term
5of periodic imprisonment or conditional discharge shall not be
6imposed for the offense of unlawful possession of a firearm by
7a street gang member when the firearm was loaded or contained
8firearm ammunition and the court shall sentence the offender to
9not less than the minimum term of imprisonment authorized for
10the Class 2 felony.
11    (c) For purposes of this Section:
12        "Street gang" or "gang" has the meaning ascribed to it
13    in Section 10 of the Illinois Streetgang Terrorism Omnibus
14    Prevention Act.
15        "Street gang member" or "gang member" has the meaning
16    ascribed to it in Section 10 of the Illinois Streetgang
17    Terrorism Omnibus Prevention Act.
18(Source: P.A. 96-829, eff. 12-3-09.)
 
19    (720 ILCS 5/24-2)
20    Sec. 24-2. Exemptions.
21    (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and
2224-1(a)(13) and Section 24-1.6 do not apply to or affect any of
23the following:
24        (1) Peace officers, and any person summoned by a peace
25    officer to assist in making arrests or preserving the

 

 

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1    peace, while actually engaged in assisting such officer.
2        (2) Wardens, superintendents and keepers of prisons,
3    penitentiaries, jails and other institutions for the
4    detention of persons accused or convicted of an offense,
5    while in the performance of their official duty, or while
6    commuting between their homes and places of employment.
7        (3) Members of the Armed Services or Reserve Forces of
8    the United States or the Illinois National Guard or the
9    Reserve Officers Training Corps, while in the performance
10    of their official duty.
11        (4) Special agents employed by a railroad or a public
12    utility to perform police functions, and guards of armored
13    car companies, while actually engaged in the performance of
14    the duties of their employment or commuting between their
15    homes and places of employment; and watchmen while actually
16    engaged in the performance of the duties of their
17    employment.
18        (5) Persons licensed as private security contractors,
19    private detectives, or private alarm contractors, or
20    employed by an agency certified by the Department of
21    Financial and Professional Regulation, if their duties
22    include the carrying of a weapon under the provisions of
23    the Private Detective, Private Alarm, Private Security,
24    Fingerprint Vendor, and Locksmith Act of 2004, while
25    actually engaged in the performance of the duties of their
26    employment or commuting between their homes and places of

 

 

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1    employment, provided that such commuting is accomplished
2    within one hour from departure from home or place of
3    employment, as the case may be. A person shall be
4    considered eligible for this exemption if he or she has
5    completed the required 20 hours of training for a private
6    security contractor, private detective, or private alarm
7    contractor, or employee of a licensed agency and 20 hours
8    of required firearm training, and has been issued a firearm
9    control card by the Department of Financial and
10    Professional Regulation. Conditions for the renewal of
11    firearm control cards issued under the provisions of this
12    Section shall be the same as for those cards issued under
13    the provisions of the Private Detective, Private Alarm,
14    Private Security, Fingerprint Vendor, and Locksmith Act of
15    2004. The firearm control card shall be carried by the
16    private security contractor, private detective, or private
17    alarm contractor, or employee of the licensed agency at all
18    times when he or she is in possession of a concealable
19    weapon.
20        (6) Any person regularly employed in a commercial or
21    industrial operation as a security guard for the protection
22    of persons employed and private property related to such
23    commercial or industrial operation, while actually engaged
24    in the performance of his or her duty or traveling between
25    sites or properties belonging to the employer, and who, as
26    a security guard, is a member of a security force of at

 

 

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1    least 5 persons registered with the Department of Financial
2    and Professional Regulation; provided that such security
3    guard has successfully completed a course of study,
4    approved by and supervised by the Department of Financial
5    and Professional Regulation, consisting of not less than 40
6    hours of training that includes the theory of law
7    enforcement, liability for acts, and the handling of
8    weapons. A person shall be considered eligible for this
9    exemption if he or she has completed the required 20 hours
10    of training for a security officer and 20 hours of required
11    firearm training, and has been issued a firearm control
12    card by the Department of Financial and Professional
13    Regulation. Conditions for the renewal of firearm control
14    cards issued under the provisions of this Section shall be
15    the same as for those cards issued under the provisions of
16    the Private Detective, Private Alarm, Private Security,
17    Fingerprint Vendor, and Locksmith Act of 2004. The firearm
18    control card shall be carried by the security guard at all
19    times when he or she is in possession of a concealable
20    weapon.
21        (7) Agents and investigators of the Illinois
22    Legislative Investigating Commission authorized by the
23    Commission to carry the weapons specified in subsections
24    24-1(a)(3) and 24-1(a)(4), while on duty in the course of
25    any investigation for the Commission.
26        (8) Persons employed by a financial institution for the

 

 

09900SB0803sam001- 44 -LRB099 06116 RLC 35817 a

1    protection of other employees and property related to such
2    financial institution, while actually engaged in the
3    performance of their duties, commuting between their homes
4    and places of employment, or traveling between sites or
5    properties owned or operated by such financial
6    institution, provided that any person so employed has
7    successfully completed a course of study, approved by and
8    supervised by the Department of Financial and Professional
9    Regulation, consisting of not less than 40 hours of
10    training which includes theory of law enforcement,
11    liability for acts, and the handling of weapons. A person
12    shall be considered to be eligible for this exemption if he
13    or she has completed the required 20 hours of training for
14    a security officer and 20 hours of required firearm
15    training, and has been issued a firearm control card by the
16    Department of Financial and Professional Regulation.
17    Conditions for renewal of firearm control cards issued
18    under the provisions of this Section shall be the same as
19    for those issued under the provisions of the Private
20    Detective, Private Alarm, Private Security, Fingerprint
21    Vendor, and Locksmith Act of 2004. Such firearm control
22    card shall be carried by the person so trained at all times
23    when such person is in possession of a concealable weapon.
24    For purposes of this subsection, "financial institution"
25    means a bank, savings and loan association, credit union or
26    company providing armored car services.

 

 

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1        (9) Any person employed by an armored car company to
2    drive an armored car, while actually engaged in the
3    performance of his duties.
4        (10) Persons who have been classified as peace officers
5    pursuant to the Peace Officer Fire Investigation Act.
6        (11) Investigators of the Office of the State's
7    Attorneys Appellate Prosecutor authorized by the board of
8    governors of the Office of the State's Attorneys Appellate
9    Prosecutor to carry weapons pursuant to Section 7.06 of the
10    State's Attorneys Appellate Prosecutor's Act.
11        (12) Special investigators appointed by a State's
12    Attorney under Section 3-9005 of the Counties Code.
13        (12.5) Probation officers while in the performance of
14    their duties, or while commuting between their homes,
15    places of employment or specific locations that are part of
16    their assigned duties, with the consent of the chief judge
17    of the circuit for which they are employed, if they have
18    received weapons training according to requirements of the
19    Peace Officer and Probation Officer Firearm Training Act.
20        (13) Court Security Officers while in the performance
21    of their official duties, or while commuting between their
22    homes and places of employment, with the consent of the
23    Sheriff.
24        (13.5) A person employed as an armed security guard at
25    a nuclear energy, storage, weapons or development site or
26    facility regulated by the Nuclear Regulatory Commission

 

 

09900SB0803sam001- 46 -LRB099 06116 RLC 35817 a

1    who has completed the background screening and training
2    mandated by the rules and regulations of the Nuclear
3    Regulatory Commission.
4        (14) Manufacture, transportation, or sale of weapons
5    to persons authorized under subdivisions (1) through
6    (13.5) of this subsection to possess those weapons.
7    (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply
8to or affect any person carrying a concealed pistol, revolver,
9or handgun and the person has been issued a currently valid
10license under the Firearm Concealed Carry Act at the time of
11the commission of the offense.
12    (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
1324-1.6 do not apply to or affect any of the following:
14        (1) Members of any club or organization organized for
15    the purpose of practicing shooting at targets upon
16    established target ranges, whether public or private, and
17    patrons of such ranges, while such members or patrons are
18    using their firearms on those target ranges.
19        (2) Duly authorized military or civil organizations
20    while parading, with the special permission of the
21    Governor.
22        (3) Hunters, trappers or fishermen with a license or
23    permit while engaged in hunting, trapping or fishing.
24        (4) Transportation of weapons that are broken down in a
25    non-functioning state or are not immediately accessible.
26        (5) Carrying or possessing any pistol, revolver, stun

 

 

09900SB0803sam001- 47 -LRB099 06116 RLC 35817 a

1    gun or taser or other firearm on the land or in the legal
2    dwelling of another person as an invitee with that person's
3    permission.
4    (c) Subsection 24-1(a)(7) does not apply to or affect any
5of the following:
6        (1) Peace officers while in performance of their
7    official duties.
8        (2) Wardens, superintendents and keepers of prisons,
9    penitentiaries, jails and other institutions for the
10    detention of persons accused or convicted of an offense.
11        (3) Members of the Armed Services or Reserve Forces of
12    the United States or the Illinois National Guard, while in
13    the performance of their official duty.
14        (4) Manufacture, transportation, or sale of machine
15    guns to persons authorized under subdivisions (1) through
16    (3) of this subsection to possess machine guns, if the
17    machine guns are broken down in a non-functioning state or
18    are not immediately accessible.
19        (5) Persons licensed under federal law to manufacture
20    any weapon from which 8 or more shots or bullets can be
21    discharged by a single function of the firing device, or
22    ammunition for such weapons, and actually engaged in the
23    business of manufacturing such weapons or ammunition, but
24    only with respect to activities which are within the lawful
25    scope of such business, such as the manufacture,
26    transportation, or testing of such weapons or ammunition.

 

 

09900SB0803sam001- 48 -LRB099 06116 RLC 35817 a

1    This exemption does not authorize the general private
2    possession of any weapon from which 8 or more shots or
3    bullets can be discharged by a single function of the
4    firing device, but only such possession and activities as
5    are within the lawful scope of a licensed manufacturing
6    business described in this paragraph.
7        During transportation, such weapons shall be broken
8    down in a non-functioning state or not immediately
9    accessible.
10        (6) The manufacture, transport, testing, delivery,
11    transfer or sale, and all lawful commercial or experimental
12    activities necessary thereto, of rifles, shotguns, and
13    weapons made from rifles or shotguns, or ammunition for
14    such rifles, shotguns or weapons, where engaged in by a
15    person operating as a contractor or subcontractor pursuant
16    to a contract or subcontract for the development and supply
17    of such rifles, shotguns, weapons or ammunition to the
18    United States government or any branch of the Armed Forces
19    of the United States, when such activities are necessary
20    and incident to fulfilling the terms of such contract.
21        The exemption granted under this subdivision (c)(6)
22    shall also apply to any authorized agent of any such
23    contractor or subcontractor who is operating within the
24    scope of his employment, where such activities involving
25    such weapon, weapons or ammunition are necessary and
26    incident to fulfilling the terms of such contract.

 

 

09900SB0803sam001- 49 -LRB099 06116 RLC 35817 a

1        (7) A person possessing a rifle with a barrel or
2    barrels less than 16 inches in length if: (A) the person
3    has been issued a Curios and Relics license from the U.S.
4    Bureau of Alcohol, Tobacco, Firearms and Explosives; or (B)
5    the person is an active member of a bona fide, nationally
6    recognized military re-enacting group and the modification
7    is required and necessary to accurately portray the weapon
8    for historical re-enactment purposes; the re-enactor is in
9    possession of a valid and current re-enacting group
10    membership credential; and the overall length of the weapon
11    as modified is not less than 26 inches.
12    (d) Subsection 24-1(a)(1) does not apply to the purchase,
13possession or carrying of a black-jack or slung-shot by a peace
14officer.
15    (e) Subsection 24-1(a)(8) does not apply to any owner,
16manager or authorized employee of any place specified in that
17subsection nor to any law enforcement officer.
18    (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and
19Section 24-1.6 do not apply to members of any club or
20organization organized for the purpose of practicing shooting
21at targets upon established target ranges, whether public or
22private, while using their firearms on those target ranges.
23    (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply
24to:
25        (1) Members of the Armed Services or Reserve Forces of
26    the United States or the Illinois National Guard, while in

 

 

09900SB0803sam001- 50 -LRB099 06116 RLC 35817 a

1    the performance of their official duty.
2        (2) Bonafide collectors of antique or surplus military
3    ordinance.
4        (3) Laboratories having a department of forensic
5    ballistics, or specializing in the development of
6    ammunition or explosive ordinance.
7        (4) Commerce, preparation, assembly or possession of
8    explosive bullets by manufacturers of ammunition licensed
9    by the federal government, in connection with the supply of
10    those organizations and persons exempted by subdivision
11    (g)(1) of this Section, or like organizations and persons
12    outside this State, or the transportation of explosive
13    bullets to any organization or person exempted in this
14    Section by a common carrier or by a vehicle owned or leased
15    by an exempted manufacturer.
16    (g-5) Subsection 24-1(a)(6) does not apply to or affect any
17person, agency, manufacturer, dealer, federal firearms
18licensee, or trust that is in compliance with the National
19Firearms Act. persons licensed under federal law to manufacture
20any device or attachment of any kind designed, used, or
21intended for use in silencing the report of any firearm,
22firearms, or ammunition for those firearms equipped with those
23devices, and actually engaged in the business of manufacturing
24those devices, firearms, or ammunition, but only with respect
25to activities that are within the lawful scope of that
26business, such as the manufacture, transportation, or testing

 

 

09900SB0803sam001- 51 -LRB099 06116 RLC 35817 a

1of those devices, firearms, or ammunition. This exemption does
2not authorize the general private possession of any device or
3attachment of any kind designed, used, or intended for use in
4silencing the report of any firearm, but only such possession
5and activities as are within the lawful scope of a licensed
6manufacturing business described in this subsection (g-5).
7During transportation, these devices shall be detached from any
8weapon or not immediately accessible.
9    (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
1024-1.6 do not apply to or affect any parole agent or parole
11supervisor who meets the qualifications and conditions
12prescribed in Section 3-14-1.5 of the Unified Code of
13Corrections.
14    (g-7) Subsection 24-1(a)(6) does not apply to any law
15enforcement agency that has adopted guidelines for the use of
16suppressors or silencers by their employees while on duty. a
17peace officer while serving as a member of a tactical response
18team or special operations team. A peace officer may not
19personally own or apply for ownership of a device or attachment
20of any kind designed, used, or intended for use in silencing
21the report of any firearm. These devices shall be owned and
22maintained by lawfully recognized units of government whose
23duties include the investigation of criminal acts.
24    (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and
2524-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an
26athlete's possession, transport on official Olympic and

 

 

09900SB0803sam001- 52 -LRB099 06116 RLC 35817 a

1Paralympic transit systems established for athletes, or use of
2competition firearms sanctioned by the International Olympic
3Committee, the International Paralympic Committee, the
4International Shooting Sport Federation, or USA Shooting in
5connection with such athlete's training for and participation
6in shooting competitions at the 2016 Olympic and Paralympic
7Games and sanctioned test events leading up to the 2016 Olympic
8and Paralympic Games.
9    (h) An information or indictment based upon a violation of
10any subsection of this Article need not negative any exemptions
11contained in this Article. The defendant shall have the burden
12of proving such an exemption.
13    (i) Nothing in this Article shall prohibit, apply to, or
14affect the transportation, carrying, or possession, of any
15pistol or revolver, stun gun, taser, or other firearm consigned
16to a common carrier operating under license of the State of
17Illinois or the federal government, where such transportation,
18carrying, or possession is incident to the lawful
19transportation in which such common carrier is engaged; and
20nothing in this Article shall prohibit, apply to, or affect the
21transportation, carrying, or possession of any pistol,
22revolver, stun gun, taser, or other firearm, not the subject of
23and regulated by subsection 24-1(a)(7) or subsection 24-2(c) of
24this Article, which is unloaded and enclosed in a case, firearm
25carrying box, shipping box, or other container, by the
26possessor of a valid Firearm Owners Identification Card.

 

 

09900SB0803sam001- 53 -LRB099 06116 RLC 35817 a

1(Source: P.A. 97-465, eff. 8-22-11; 97-676, eff. 6-1-12;
297-936, eff. 1-1-13; 97-1010, eff. 1-1-13; 98-63, eff. 7-9-13;
398-463, eff. 8-16-13; 98-725, eff. 1-1-15.)
 
4    (720 ILCS 5/24-3)  (from Ch. 38, par. 24-3)
5    Sec. 24-3. Unlawful sale or delivery of firearms.
6    (A) A person commits the offense of unlawful sale or
7delivery of firearms when he or she knowingly does any of the
8following:
9        (a) Sells or gives any firearm of a size which may be
10    concealed upon the person to any person under 18 years of
11    age.
12        (b) Sells or gives any firearm to a person under 21
13    years of age who has been convicted of a misdemeanor other
14    than a traffic offense or adjudged delinquent.
15        (c) Sells or gives any firearm to any narcotic addict.
16        (d) Sells or gives any firearm to any person who has
17    been convicted of a felony under the laws of this or any
18    other jurisdiction.
19        (e) Sells or gives any firearm to any person who has
20    been a patient in a mental institution within the past 5
21    years. In this subsection (e):
22            "Mental institution" means any hospital,
23        institution, clinic, evaluation facility, mental
24        health center, or part thereof, which is used primarily
25        for the care or treatment of persons with mental

 

 

09900SB0803sam001- 54 -LRB099 06116 RLC 35817 a

1        illness.
2            "Patient in a mental institution" means the person
3        was admitted, either voluntarily or involuntarily, to
4        a mental institution for mental health treatment,
5        unless the treatment was voluntary and solely for an
6        alcohol abuse disorder and no other secondary
7        substance abuse disorder or mental illness.
8        (f) Sells or gives any firearms to any person who is
9    intellectually disabled.
10        (g) Delivers any firearm of a size which may be
11    concealed upon the person, incidental to a sale, without
12    withholding delivery of such firearm for at least 72 hours
13    after application for its purchase has been made, or
14    delivers any rifle, shotgun or other long gun, or a stun
15    gun or taser, incidental to a sale, without withholding
16    delivery of such rifle, shotgun or other long gun, or a
17    stun gun or taser for at least 24 hours after application
18    for its purchase has been made. However, this paragraph (g)
19    does not apply to: (1) the sale of a firearm to a law
20    enforcement officer if the seller of the firearm knows that
21    the person to whom he or she is selling the firearm is a
22    law enforcement officer or the sale of a firearm to a
23    person who desires to purchase a firearm for use in
24    promoting the public interest incident to his or her
25    employment as a bank guard, armed truck guard, or other
26    similar employment; (2) a mail order sale of a firearm to a

 

 

09900SB0803sam001- 55 -LRB099 06116 RLC 35817 a

1    nonresident of Illinois under which the firearm is mailed
2    to a point outside the boundaries of Illinois; (3) the sale
3    of a firearm to a nonresident of Illinois while at a
4    firearm showing or display recognized by the Illinois
5    Department of State Police; or (4) the sale of a firearm to
6    a dealer licensed as a federal firearms dealer under
7    Section 923 of the federal Gun Control Act of 1968 (18
8    U.S.C. 923). For purposes of this paragraph (g),
9    "application" means when the buyer and seller reach an
10    agreement to purchase a firearm.
11        (h) While holding any license as a dealer, importer,
12    manufacturer or pawnbroker under the federal Gun Control
13    Act of 1968, manufactures, sells or delivers to any
14    unlicensed person a handgun having a barrel, slide, frame
15    or receiver which is a die casting of zinc alloy or any
16    other nonhomogeneous metal which will melt or deform at a
17    temperature of less than 800 degrees Fahrenheit. For
18    purposes of this paragraph, (1) "firearm" is defined as in
19    the Firearm Owners Identification Card Act; and (2)
20    "handgun" is defined as a firearm designed to be held and
21    fired by the use of a single hand, and includes a
22    combination of parts from which such a firearm can be
23    assembled.
24        (i) Sells or gives a firearm of any size to any person
25    under 18 years of age who does not possess a valid Firearm
26    Owner's Identification Card.

 

 

09900SB0803sam001- 56 -LRB099 06116 RLC 35817 a

1        (j) Sells or gives a firearm while engaged in the
2    business of selling firearms at wholesale or retail without
3    being licensed as a federal firearms dealer under Section
4    923 of the federal Gun Control Act of 1968 (18 U.S.C. 923).
5    In this paragraph (j):
6        A person "engaged in the business" means a person who
7    devotes time, attention, and labor to engaging in the
8    activity as a regular course of trade or business with the
9    principal objective of livelihood and profit, but does not
10    include a person who makes occasional repairs of firearms
11    or who occasionally fits special barrels, stocks, or
12    trigger mechanisms to firearms.
13        "With the principal objective of livelihood and
14    profit" means that the intent underlying the sale or
15    disposition of firearms is predominantly one of obtaining
16    livelihood and pecuniary gain, as opposed to other intents,
17    such as improving or liquidating a personal firearms
18    collection; however, proof of profit shall not be required
19    as to a person who engages in the regular and repetitive
20    purchase and disposition of firearms for criminal purposes
21    or terrorism.
22        (k) Sells or transfers ownership of a firearm to a
23    person who does not display to the seller or transferor of
24    the firearm a currently valid Firearm Owner's
25    Identification Card that has previously been issued in the
26    transferee's name by the Department of State Police under

 

 

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

 

 

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1    delivers the firearm, knowing it to have been stolen or
2    converted. It may be inferred that a person who possesses a
3    firearm with knowledge that its serial number has been
4    removed or altered has knowledge that the firearm is stolen
5    or converted.
6        (m) Sells or gives a suppressor or silencer to a person
7    not authorized to possess the suppressor or silencer under
8    federal law.
9    (B) Paragraph (h) of subsection (A) does not include
10firearms sold within 6 months after enactment of Public Act
1178-355 (approved August 21, 1973, effective October 1, 1973),
12nor is any firearm legally owned or possessed by any citizen or
13purchased by any citizen within 6 months after the enactment of
14Public Act 78-355 subject to confiscation or seizure under the
15provisions of that Public Act. Nothing in Public Act 78-355
16shall be construed to prohibit the gift or trade of any firearm
17if that firearm was legally held or acquired within 6 months
18after the enactment of that Public Act.
19    (C) Sentence.
20        (1) Any person convicted of unlawful sale or delivery
21    of firearms in violation of paragraph (c), (e), (f), (g),
22    or (h) of subsection (A) commits a Class 4 felony.
23        (2) Any person convicted of unlawful sale or delivery
24    of firearms in violation of paragraph (b) or (i) of
25    subsection (A) commits a Class 3 felony.
26        (3) Any person convicted of unlawful sale or delivery

 

 

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

 

 

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

 

 

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

 

 

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1    in violation of paragraph (l) of subsection (A) commits a
2    Class X felony for which he or she shall be sentenced to a
3    term of imprisonment of not less than 6 years and not more
4    than 40 years if the delivery is of not less than 11 and
5    not more than 20 firearms at the same time or within a 3
6    year period. Any person convicted of unlawful sale or
7    delivery of firearms in violation of paragraph (l) of
8    subsection (A) commits a Class X felony for which he or she
9    shall be sentenced to a term of imprisonment of not less
10    than 6 years and not more than 50 years if the delivery is
11    of not less than 21 and not more than 30 firearms at the
12    same time or within a 4 year period. Any person convicted
13    of unlawful sale or delivery of firearms in violation of
14    paragraph (l) of subsection (A) commits a Class X felony
15    for which he or she shall be sentenced to a term of
16    imprisonment of not less than 6 years and not more than 60
17    years if the delivery is of 31 or more firearms at the same
18    time or within a 5 year period.
19    (D) For purposes of this Section:
20    "School" means a public or private elementary or secondary
21school, community college, college, or university.
22    "School related activity" means any sporting, social,
23academic, or other activity for which students' attendance or
24participation is sponsored, organized, or funded in whole or in
25part by a school or school district.
26    (E) A prosecution for a violation of paragraph (k) of

 

 

09900SB0803sam001- 63 -LRB099 06116 RLC 35817 a

1subsection (A) of this Section may be commenced within 6 years
2after the commission of the offense. A prosecution for a
3violation of this Section other than paragraph (g) of
4subsection (A) of this Section may be commenced within 5 years
5after the commission of the offense defined in the particular
6paragraph.
7(Source: P.A. 97-227, eff. 1-1-12; 97-347, eff. 1-1-12; 97-813,
8eff. 7-13-12; 97-1167, eff. 6-1-13; 98-508, eff. 8-19-13.)
 
9    (720 ILCS 5/24-3.5)
10    Sec. 24-3.5. Unlawful purchase of a firearm, silencer, or
11suppressor.
12    (a) For purposes of this Section, "firearms transaction
13record form" means a form:
14        (1) executed by a transferee of a firearm, silencer, or
15    suppressor stating: (i) the transferee's name and address
16    (including county or similar political subdivision); (ii)
17    whether the transferee is a citizen of the United States;
18    (iii) the transferee's State of residence; and (iv) the
19    date and place of birth, height, weight, and race of the
20    transferee; and
21        (2) on which the transferee certifies that he or she is
22    not prohibited by federal law from transporting or shipping
23    a firearm in interstate or foreign commerce or receiving a
24    firearm that has been shipped or transported in interstate
25    or foreign commerce or possessing a firearm in or affecting

 

 

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1    commerce.
2    (b) A person commits the offense of unlawful purchase of a
3firearm, silencer, or suppressor who knowingly purchases or
4attempts to purchase a firearm with the intent to deliver that
5firearm, silencer, or suppressor to another person who is
6prohibited by federal or State law from possessing a firearm,
7silencer, or suppressor.
8    (c) A person commits the offense of unlawful purchase of a
9firearm, silencer, or suppressor when he or she, in purchasing
10or attempting to purchase a firearm, silencer, or suppressor,
11intentionally provides false or misleading information on a
12United States Department of the Treasury, Bureau of Alcohol,
13Tobacco and Firearms firearms transaction record form.
14    (d) Exemption. It is not a violation of subsection (b) of
15this Section for a person to make a gift or loan of a firearm to
16a person who is not prohibited by federal or State law from
17possessing a firearm if the transfer of the firearm is made in
18accordance with Section 3 of the Firearm Owners Identification
19Card Act.
20    (e) Sentence.
21        (1) A person who commits the offense of unlawful
22    purchase of a firearm, silencer, or suppressor:
23            (A) is guilty of a Class 2 felony for purchasing or
24        attempting to purchase one firearm, silencer, or
25        suppressor;
26            (B) is guilty of a Class 1 felony for purchasing or

 

 

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1        attempting to purchase not less than 2 firearms,
2        silencers, or suppressors, or any combination thereof,
3        and not more than 5 firearms, silencers, or
4        suppressors, or any combination thereof, at the same
5        time or within a one year period;
6            (C) is guilty of a Class X felony for which the
7        offender shall be sentenced to a term of imprisonment
8        of not less than 9 years and not more than 40 years for
9        purchasing or attempting to purchase not less than 6
10        firearms, silencers, or suppressors, or any
11        combination thereof, at the same time or within a 2
12        year period.
13        (2) In addition to any other penalty that may be
14    imposed for a violation of this Section, the court may
15    sentence a person convicted of a violation of subsection
16    (c) of this Section to a fine not to exceed $250,000 for
17    each violation.
18    (f) A prosecution for unlawful purchase of a firearm,
19silencer, or suppressor may be commenced within 6 years after
20the commission of the offense.
21(Source: P.A. 95-882, eff. 1-1-09.)
 
22    (720 ILCS 5/24-4.1)
23    Sec. 24-4.1. Report of lost or stolen firearms, silencers,
24or suppressors.
25    (a) If a person who possesses a valid Firearm Owner's

 

 

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1Identification Card and who possesses or acquires a firearm,
2silencer, or suppressor thereafter loses the firearm,
3silencer, or suppressor, or if the firearm, silencer, or
4suppressor is stolen from the person, the person must report
5the loss or theft to the local law enforcement agency within 72
6hours after obtaining knowledge of the loss or theft.
7    (b) A law enforcement agency having jurisdiction shall take
8a written report and shall, as soon as practical, enter the
9firearm, silencer, or suppressor's firearm's serial number as
10stolen into the Law Enforcement Agencies Data System (LEADS).
11    (c) A person shall not be in violation of this Section if:
12        (1) the failure to report is due to an act of God, act
13    of war, or inability of a law enforcement agency to receive
14    the report;
15        (2) the person is hospitalized, in a coma, or is
16    otherwise seriously physically or mentally impaired as to
17    prevent the person from reporting; or
18        (3) the person's designee makes a report if the person
19    is unable to make the report.
20    (d) Sentence. A person who violates this Section is guilty
21of a petty offense for a first violation. A second or
22subsequent violation of this Section is a Class A misdemeanor.
23(Source: P.A. 98-508, eff. 8-19-13.)
 
24    (720 ILCS 5/24-5)  (from Ch. 38, par. 24-5)
25    Sec. 24-5. Defacing identification marks of firearms,

 

 

09900SB0803sam001- 67 -LRB099 06116 RLC 35817 a

1silencers, or suppressors.
2    (a) Any person who shall knowingly or intentionally change,
3alter, remove or obliterate the name of the importer's or
4manufacturer's serial number of any firearm, silencer, or
5suppressor commits a Class 2 felony.
6    (b) A person who possesses any firearm, silencer, or
7suppressor upon which any such importer's or manufacturer's
8serial number has been changed, altered, removed or obliterated
9commits a Class 3 felony.
10    (c) Nothing in this Section shall prevent a person from
11making repairs, replacement of parts, or other changes to a
12firearm if those repairs, replacement of parts, or changes
13cause the removal of the name of the maker, model, or other
14marks of identification other than the serial number on the
15firearm's frame or receiver.
16    (d) A prosecution for a violation of this Section may be
17commenced within 6 years after the commission of the offense.
18(Source: P.A. 93-906, eff. 8-11-04.)
 
19    Section 99. Effective date. This Act takes effect upon
20becoming law.".