Public Act 097-0347
 
HB3431 EnrolledLRB097 06691 RLC 46778 b


  
    AN ACT concerning criminal law.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Criminal Code of 1961 is amended  by changing 
Sections 16-16, 16-16.1, and 24-3 as follows:
 



    (720 ILCS 5/16-16)



    Sec. 16-16. Possession of a stolen firearm. 

    (a) A person commits possession of a stolen firearm when he 
or she, not
being entitled to the possession of a firearm, 
possesses or delivers the
firearm, knowing it to have been 
stolen or converted.  It may be inferred that
a person who 
possesses a firearm with knowledge that its serial number has

been removed or altered has knowledge that the firearm is 
stolen or converted.

    (b) Possession of a stolen firearm is a Class 2 felony.

(Source: P.A. 91-544, eff. 1-1-00.)

 



    (720 ILCS 5/16-16.1)



    Sec. 16-16.1. Aggravated possession of a stolen firearm. 

    (a) A person commits aggravated possession of a stolen 
firearm when he
or she:


        (1) Not being entitled to the possession of not less 
    than 2 and
not more than 5 firearms, possesses or delivers 
    those firearms at the
same time or within a one year 
    period, knowing the firearms to have been
stolen or 
    converted.


        (2) Not being entitled to the possession of not less 
    than 6 and
not more than 10 firearms, possesses or delivers 
    those firearms at the
same time or within a 2 year period, 
    knowing the firearms to have been
stolen or converted.


        (3) Not being entitled to the possession of not less 
    than 11 and
not more than 20 firearms, possesses or 
    delivers those firearms at the
same time or within a 3 year 
    period, knowing the firearms to have been
stolen or 
    converted.


        (4) Not being entitled to the possession of not less 
    than 21 and
not more than 30 firearms, possesses or 
    delivers those firearms at the
same time or within a 4 year 
    period, knowing the firearms to have been
stolen or 
    converted.


        (5) Not being entitled to the possession of more than 
    31 or more firearms,
possesses or delivers those firearms 
    at the
same time or within a 5 year period, knowing the 
    firearms to have been
stolen or converted.

    (b) It may be inferred that a person who possesses a 
firearm with
knowledge that its serial number has been removed 
or altered has
knowledge that the firearm is stolen or 
converted.

    (c) Sentence.


        (1) A person who violates paragraph (1) of subsection 
    (a) of this
Section commits a Class 1 felony.


        (2) A person who violates paragraph (2) of subsection 
    (a) of this
Section commits a Class X felony for which he 
    or she shall be sentenced
to a term of imprisonment of not 
    less than 6 years and not more than 30
years.


        (3) A person who violates paragraph (3) of subsection 
    (a) of this
Section commits a Class X felony for which he 
    or she shall be sentenced
to a term of imprisonment of not 
    less than 6 years and not more than 40
years.


        (4) A person who violates paragraph (4) of subsection 
    (a) of this
Section commits a Class X felony for which he 
    or she shall be sentenced
to a term of imprisonment of not 
    less than 6 years and not more than 50
years.


        (5) A person who violates paragraph (5) of subsection 
    (a) of this
Section commits a Class X felony for which he 
    or she shall be sentenced
to a term of imprisonment of not 
    less than 6 years and not more than 60
years.

(Source: P.A. 91-544, eff. 1-1-00.)

 



    (720 ILCS 5/24-3)  (from Ch. 38, par. 24-3)


    Sec. 24-3. Unlawful sale or delivery of firearms Sale of 
Firearms. 

    (A) A person commits the offense of unlawful sale or 
delivery of firearms when he
or she knowingly does any of the 
following:


        (a) Sells or gives any firearm of a size which may be 
    concealed upon the
person to any person under 18 years of 
    age.


        (b) Sells or gives any firearm to a person under 21 
    years of age who has
been convicted of a misdemeanor other 
    than a traffic offense or adjudged
delinquent.


        (c) Sells or gives any firearm to any narcotic addict.


        (d) Sells or gives any firearm to any person who has 
    been convicted of a
felony under the laws of this or any 
    other jurisdiction.


        (e) Sells or gives any firearm to any person who has 
    been a patient in a
mental hospital within the past 5 
    years.


        (f) Sells or gives any firearms to any person who is 
    mentally
retarded.


        (g) Delivers any firearm of a size which may be 
    concealed upon the
person, incidental to a sale, without 
    withholding delivery of such firearm
for at least 72 hours 
    after application for its purchase has been made, or

    delivers any rifle, shotgun or other long gun, or a stun 
    gun or taser, incidental to a sale,
without withholding 
    delivery of such rifle, shotgun or other long gun, or a 
    stun gun or taser for
at least 24 hours after application 
    for its purchase has been made.
However,
this paragraph (g) 
    does not apply to: (1) the sale of a firearm
to a law 
    enforcement officer if the seller of the firearm knows that 
    the person to whom he or she is selling the firearm is a 
    law enforcement officer or the sale of a firearm to a 
    person who desires to purchase a firearm for
use in 
    promoting the public interest incident to his or her 
    employment as a
bank guard, armed truck guard, or other 
    similar employment; (2) a mail
order sale of a firearm to a 
    nonresident of Illinois under which the firearm
is mailed 
    to a point outside the boundaries of Illinois; (3) the sale

    of a firearm to a nonresident of Illinois while at a 
    firearm showing or display
recognized by the Illinois 
    Department of State Police; or (4) the sale of a
firearm to 
    a dealer licensed as a federal firearms dealer under 
    Section 923
of the federal Gun Control Act of 1968 (18 
    U.S.C. 923). For purposes of this paragraph (g), 
    "application" means when the buyer and seller reach an 
    agreement to purchase a firearm.



        (h) While holding any license
as a dealer,
importer, 
    manufacturer or pawnbroker
under the federal Gun Control 
    Act of 1968,
manufactures, sells or delivers to any 
    unlicensed person a handgun having
a barrel, slide, frame 
    or receiver which is a die casting of zinc alloy or
any 
    other nonhomogeneous metal which will melt or deform at a 
    temperature
of less than 800 degrees Fahrenheit.  For 
    purposes of this paragraph, (1)
"firearm" is defined as in 
    the Firearm Owners Identification Card Act; and (2)

    "handgun" is defined as a firearm designed to be held
and 
    fired by the use of a single hand, and includes a 
    combination of parts from
which such a firearm can be 
    assembled.


        (i) Sells or gives a firearm of any size to any person 
    under 18 years of
age who does not possess a valid Firearm 
    Owner's Identification Card.


        (j) Sells or gives a firearm while engaged in the 
    business of selling
firearms at wholesale or retail without 
    being licensed as a federal firearms
dealer under Section 
    923 of the federal Gun Control Act of 1968 (18 U.S.C.
923).  
    In this paragraph (j):


        A person "engaged in the business" means a person who 
    devotes time,
attention, and
labor to
engaging in the 
    activity as a regular course of trade or business with the

    principal objective of livelihood and profit, but does not 
    include a person who
makes occasional repairs of firearms 
    or who occasionally fits special barrels,
stocks, or 
    trigger mechanisms to firearms.


        "With the principal objective of livelihood and 
    profit" means that the
intent
underlying the sale or 
    disposition of firearms is predominantly one of
obtaining 
    livelihood and pecuniary gain, as opposed to other intents, 
    such as
improving or liquidating a personal firearms 
    collection; however, proof of
profit shall not be required 
    as to a person who engages in the regular and
repetitive 
    purchase and disposition of firearms for criminal purposes 
    or
terrorism.

        (k) Sells or transfers ownership of a firearm to a 
    person who does not display to the seller or transferor of 
    the firearm a currently valid Firearm Owner's 
    Identification Card that has previously been issued in the 
    transferee's name by the Department of State Police under 
    the provisions of the Firearm Owners Identification Card 
    Act.  This paragraph (k) does not apply to the transfer of a 
    firearm to a person who is exempt from the requirement of 
    possessing a Firearm Owner's Identification Card under 
    Section 2 of the Firearm Owners Identification Card Act. 
    For the purposes of this Section, a currently valid Firearm 
    Owner's Identification Card means (i) a Firearm Owner's 
    Identification Card that has not expired or (ii) if the 
    transferor is licensed as a federal firearms dealer under 
    Section 923 of the federal Gun Control Act of 1968 (18 
    U.S.C. 923), an approval number issued in accordance with 
    Section 3.1 of the Firearm Owners Identification Card Act 
    shall be proof that the Firearm Owner's Identification Card 
    was valid.
        (l)  Not
being entitled to the possession of a firearm, 
    delivers the
firearm, knowing it to have been stolen or 
    converted.  It may be inferred that
a person who possesses a 
    firearm with knowledge that its serial number has
been 
    removed or altered has knowledge that the firearm is stolen 
    or converted. 
    (B) Paragraph (h) of subsection (A) does not include 
firearms sold within 6
months after enactment of Public
Act 
78-355 (approved August 21, 1973, effective October 1, 1973), 
nor is any
firearm legally owned or
possessed by any citizen or 
purchased by any citizen within 6 months after the
enactment of 
Public Act 78-355 subject
to confiscation or seizure under the 
provisions of that Public Act.  Nothing in
Public Act 78-355 
shall be construed to prohibit the gift or trade of
any firearm 
if that firearm was legally held or acquired within 6 months 
after
the enactment of that Public Act.

    (C) Sentence.


        (1) Any person convicted of unlawful sale or delivery 
    of firearms in violation of
paragraph (c), (e), (f), (g), 
    or (h) of subsection (A) commits a Class
4
felony.


        (2) Any person convicted of unlawful sale or delivery 
    of firearms in violation of
paragraph (b) or (i) of 
    subsection (A) commits a Class 3 felony.


        (3) Any person convicted of unlawful sale or delivery 
    of firearms in violation of
paragraph (a) of subsection (A) 
    commits a Class 2 felony.


        (4) Any person convicted of unlawful sale or delivery 
    of firearms in violation of
paragraph (a), (b), or (i) of 
    subsection (A) in any school, on the real
property 
    comprising a school, within 1,000 feet of the real property 
    comprising
a school, at a school related activity, or on or 
    within 1,000 feet of any
conveyance owned, leased, or 
    contracted by a school or school district to
transport 
    students to or from school or a school related activity,

    regardless of the time of day or time of year at which the 
    offense
was committed, commits a Class 1 felony.  Any person 
    convicted of a second
or subsequent violation of unlawful 
    sale or delivery of firearms in violation of paragraph
(a), 
    (b), or (i) of subsection (A) in any school, on the real 
    property
comprising a school, within 1,000 feet of the real 
    property comprising a
school, at a school related activity, 
    or on or within 1,000 feet of any
conveyance owned, leased, 
    or contracted by a school or school district to
transport 
    students to or from school or a school related activity,

    regardless of the time of day or time of year at which the 
    offense
was committed, commits a Class 1 felony for which 
    the sentence shall be a
term of imprisonment of no less 
    than 5 years and no more than 15 years.


        (5) Any person convicted of unlawful sale or delivery 
    of firearms in violation of
paragraph (a) or (i) of 
    subsection (A) in residential property owned,
operated, or 
    managed by a public housing agency or leased by a public 
    housing
agency as part of a scattered site or mixed-income 
    development, in a public
park, in a
courthouse, on 
    residential property owned, operated, or managed by a 
    public
housing agency or leased by a public housing agency 
    as part of a scattered site
or mixed-income development, on 
    the real property comprising any public park,
on the real

    property comprising any courthouse, or on any public way 
    within 1,000 feet
of the real property comprising any 
    public park, courthouse, or residential
property owned, 
    operated, or managed by a public housing agency or leased 
    by a
public housing agency as part of a scattered site or 
    mixed-income development
commits a
Class 2 felony.


        (6) Any person convicted of unlawful sale or delivery 
    of firearms in violation of
paragraph (j) of subsection (A) 
    commits a Class A misdemeanor.  A second or
subsequent 
    violation is a Class 4 felony.
        (7) Any person convicted of unlawful sale or delivery 
    of firearms in violation of paragraph (k) of subsection (A) 
    commits a Class 4 felony.  A third or subsequent conviction 
    for a violation of paragraph (k) of subsection (A) is a 
    Class 1 felony.


        (8)  A person 18 years of age or older convicted of 
    unlawful sale or delivery of firearms in violation of 
    paragraph (a) or (i) of subsection (A), when the firearm 
    that was sold or given to another person under 18 years of 
    age was used in the commission of or attempt to commit a 
    forcible felony, shall be fined or imprisoned, or both, not 
    to exceed the maximum provided for the most serious 
    forcible felony so committed or attempted by the person 
    under 18 years of age who was sold or given the firearm. 
        (9)  Any person convicted of unlawful sale or delivery 
    of firearms in violation of
paragraph (d) of subsection (A) 
    commits a Class 3 felony.
        (10)  Any person convicted of unlawful sale or delivery 
    of firearms in violation of paragraph (l) of subsection (A) 
    commits a Class 2 felony if the delivery is of one firearm.  
    Any person convicted of unlawful sale or delivery of 
    firearms in violation of paragraph (l) of subsection (A) 
    commits a Class 1 felony if the delivery is of not less 
    than 2 and not more than 5 firearms at the
same time or 
    within a one year period.  Any person convicted of unlawful 
    sale or delivery of firearms in violation of paragraph (l) 
    of subsection (A) commits a Class X felony for which he or 
    she shall be sentenced
to a term of imprisonment of not 
    less than 6 years and not more than 30
years if the 
    delivery is of not less than 6 and not more than 10 
    firearms at the
same time or within a 2 year period.   Any 
    person convicted of unlawful sale or delivery of firearms 
    in violation of paragraph (l) of subsection (A) commits a 
    Class X felony for which he or she shall be sentenced
to a 
    term of imprisonment of not less than 6 years and not more 
    than 40
years if the delivery is of not less than 11 and 
    not more than 20 firearms at the
same time or within a 3 
    year period.   Any person convicted of unlawful sale or 
    delivery of firearms in violation of paragraph (l) of 
    subsection (A) commits a Class X felony for which he or she 
    shall be sentenced
to a term of imprisonment of not less 
    than 6 years and not more than 50
years if the delivery is 
    of not less than 21 and not more than 30 firearms at the

    same time or within a 4 year period.   Any person convicted 
    of unlawful sale or delivery of firearms in violation of 
    paragraph (l) of subsection (A) commits a Class X felony 
    for which he or she shall be sentenced
to a term of 
    imprisonment of not less than 6 years and not more than 60

    years if the delivery is of 31 or more firearms at the
same 
    time or within a 5 year period. 
    (D) For purposes of this Section:

    "School" means a public or private elementary or secondary 
school,
community college, college, or university.

    "School related activity" means any sporting, social, 
academic, or
other activity for which students' attendance or 
participation is sponsored,
organized, or funded in whole or in 
part by a school or school district.

    (E) A prosecution for a violation of paragraph (k) of 
subsection (A) of this Section may be commenced within 6 years 
after the commission of the offense. A prosecution for a 
violation of this Section other than paragraph (g) of 
subsection (A) of this Section may be commenced within 5 years 
after the commission of the offense defined in the particular 
paragraph.

(Source: P.A. 95-331, eff. 8-21-07; 95-735, eff. 7-16-08; 
96-190, eff. 1-1-10.)