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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Wildlife Code is amended by changing | ||||||||||||||||||||||||||||
5 | Section 2.33 as follows:
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6 | (520 ILCS 5/2.33) (from Ch. 61, par. 2.33)
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7 | Sec. 2.33. Prohibitions.
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8 | (a) It is unlawful to carry or possess any gun in any
State | ||||||||||||||||||||||||||||
9 | refuge unless otherwise permitted by administrative rule.
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10 | (b) It is unlawful to use or possess any snare or | ||||||||||||||||||||||||||||
11 | snare-like device,
deadfall, net, or pit trap to take any | ||||||||||||||||||||||||||||
12 | species, except that snares not
powered by springs or other | ||||||||||||||||||||||||||||
13 | mechanical devices may be used to trap
fur-bearing mammals, in | ||||||||||||||||||||||||||||
14 | water sets only, if at least one-half of the snare
noose is | ||||||||||||||||||||||||||||
15 | located underwater at all times.
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16 | (c) It is unlawful for any person at any time to take a | ||||||||||||||||||||||||||||
17 | wild mammal
protected by this Act from its den by means of any | ||||||||||||||||||||||||||||
18 | mechanical device,
spade, or digging device or to use smoke or | ||||||||||||||||||||||||||||
19 | other gases to dislodge or
remove such mammal except as | ||||||||||||||||||||||||||||
20 | provided in Section 2.37.
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21 | (d) It is unlawful to use a ferret or any other small | ||||||||||||||||||||||||||||
22 | mammal which is
used in the same or similar manner for which | ||||||||||||||||||||||||||||
23 | ferrets are used for the
purpose of frightening or driving any |
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1 | mammals from their dens or hiding places.
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2 | (e) (Blank).
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3 | (f) It is unlawful to use spears, gigs, hooks or any like | ||||||
4 | device to
take any species protected by this Act.
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5 | (g) It is unlawful to use poisons, chemicals or explosives | ||||||
6 | for the
purpose of taking any species protected by this Act.
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7 | (h) It is unlawful to hunt adjacent to or near any peat, | ||||||
8 | grass,
brush or other inflammable substance when it is | ||||||
9 | burning.
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10 | (i) It is unlawful to take, pursue or intentionally harass | ||||||
11 | or disturb
in any manner any wild birds or mammals by use or | ||||||
12 | aid of any vehicle or
conveyance, except as permitted by the | ||||||
13 | Code of Federal Regulations for the
taking of waterfowl. It is | ||||||
14 | also unlawful to use the lights of any vehicle
or conveyance or | ||||||
15 | any light from or any light connected to the
vehicle or | ||||||
16 | conveyance in any area where wildlife may be found except in
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17 | accordance with Section 2.37 of this Act; however, nothing in | ||||||
18 | this
Section shall prohibit the normal use of headlamps for | ||||||
19 | the purpose of driving
upon a roadway. Striped skunk, opossum, | ||||||
20 | red fox, gray
fox, raccoon, bobcat, and coyote may be taken | ||||||
21 | during the open season by use of a small
light which is worn on | ||||||
22 | the body or hand-held by a person on foot and not in any
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23 | vehicle.
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24 | (j) It is unlawful to use any shotgun larger than 10 gauge | ||||||
25 | while
taking or attempting to take any of the species | ||||||
26 | protected by this Act.
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1 | (k) It is unlawful to use or possess in the field any | ||||||
2 | shotgun shell loaded
with a shot size larger than lead BB or | ||||||
3 | steel T (.20 diameter) when taking or
attempting to take any | ||||||
4 | species of wild game mammals (excluding white-tailed
deer), | ||||||
5 | wild game birds, migratory waterfowl or migratory game birds | ||||||
6 | protected
by this Act, except white-tailed deer as provided | ||||||
7 | for in Section 2.26 and other
species as provided for by | ||||||
8 | subsection (l) or administrative rule.
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9 | (l) It is unlawful to take any species of wild game, except
| ||||||
10 | white-tailed deer and fur-bearing mammals, with a shotgun | ||||||
11 | loaded with slugs unless otherwise
provided for by | ||||||
12 | administrative rule.
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13 | (m) It is unlawful to use any shotgun capable of holding | ||||||
14 | more than 3
shells in the magazine or chamber combined, except | ||||||
15 | on game breeding and
hunting preserve areas licensed under | ||||||
16 | Section 3.27 and except as permitted by
the Code of Federal | ||||||
17 | Regulations for the taking of waterfowl. If the shotgun
is | ||||||
18 | capable of holding more than 3 shells, it shall, while being | ||||||
19 | used on an
area other than a game breeding and shooting | ||||||
20 | preserve area licensed
pursuant to Section 3.27, be fitted | ||||||
21 | with a one piece plug that is
irremovable without dismantling | ||||||
22 | the shotgun or otherwise altered to
render it incapable of | ||||||
23 | holding more than 3 shells in the magazine and
chamber, | ||||||
24 | combined.
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25 | (n) It is unlawful for any person, except persons who | ||||||
26 | possess a permit to
hunt from a vehicle as provided in this |
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1 | Section and persons otherwise permitted
by law, to have or | ||||||
2 | carry any gun in or on any vehicle, conveyance or aircraft,
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3 | unless such gun is unloaded and enclosed in a case, except that | ||||||
4 | at field trials
authorized by Section 2.34 of this Act, | ||||||
5 | unloaded guns or guns loaded with blank
cartridges only, may | ||||||
6 | be carried on horseback while not contained in a case, or
to | ||||||
7 | have or carry any bow or arrow device in or on any vehicle | ||||||
8 | unless such bow
or arrow device is unstrung or enclosed in a | ||||||
9 | case, or otherwise made
inoperable.
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10 | (o) (Blank).
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11 | (p) It is unlawful to take game birds, migratory game | ||||||
12 | birds or
migratory waterfowl with a rifle, pistol, revolver or | ||||||
13 | airgun.
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14 | (q) It is unlawful to fire a rifle, pistol, revolver or | ||||||
15 | airgun on,
over or into any waters of this State, including | ||||||
16 | frozen waters.
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17 | (r) It is unlawful to discharge any gun or bow and arrow | ||||||
18 | device
along, upon, across, or from any public right-of-way or | ||||||
19 | highway in this State.
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20 | (s) (Blank). It is unlawful to use a silencer or other | ||||||
21 | device to muffle or
mute the sound of the explosion or report | ||||||
22 | resulting from the firing of
any gun.
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23 | (t) It is unlawful for any person to take or attempt to | ||||||
24 | take any species of wildlife or parts thereof, intentionally | ||||||
25 | or wantonly allow a dog to
hunt, within or upon the land of | ||||||
26 | another, or upon waters flowing over or
standing on the land of |
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1 | another, or to knowingly shoot a gun or bow and arrow device at | ||||||
2 | any wildlife physically on or flying over the property of | ||||||
3 | another without first obtaining permission from
the owner or | ||||||
4 | the owner's designee. For the purposes of this Section, the | ||||||
5 | owner's designee means anyone who the owner designates in a | ||||||
6 | written authorization and the authorization must contain (i) | ||||||
7 | the legal or common description of property for such authority | ||||||
8 | is given, (ii) the extent that the owner's designee is | ||||||
9 | authorized to make decisions regarding who is allowed to take | ||||||
10 | or attempt to take any species of wildlife or parts thereof, | ||||||
11 | and (iii) the owner's notarized signature. Before enforcing | ||||||
12 | this
Section the law enforcement officer must have received | ||||||
13 | notice from the
owner or the owner's designee of a violation of | ||||||
14 | this Section. Statements made to the
law enforcement officer | ||||||
15 | regarding this notice shall not be rendered
inadmissible by | ||||||
16 | the hearsay rule when offered for the purpose of showing the
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17 | required notice.
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18 | (u) It is unlawful for any person to discharge any firearm | ||||||
19 | for the purpose
of taking any of the species protected by this | ||||||
20 | Act, or hunt with gun or
dog, or intentionally or wantonly | ||||||
21 | allow a dog to hunt, within 300 yards of an inhabited dwelling | ||||||
22 | without
first obtaining permission from the owner or tenant, | ||||||
23 | except that while
trapping, hunting with bow and arrow, | ||||||
24 | hunting with dog and shotgun using shot
shells only, or | ||||||
25 | hunting with shotgun using shot shells only, or providing | ||||||
26 | outfitting services under a waterfowl outfitter permit, or
on |
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1 | licensed game breeding and hunting preserve areas, as defined | ||||||
2 | in Section
3.27, on
federally owned and managed lands and on | ||||||
3 | Department owned, managed, leased, or
controlled lands, a 100 | ||||||
4 | yard restriction shall apply.
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5 | (v) It is unlawful for any person to remove fur-bearing | ||||||
6 | mammals from, or
to move or disturb in any manner, the traps | ||||||
7 | owned by another person without
written authorization of the | ||||||
8 | owner to do so.
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9 | (w) It is unlawful for any owner of a dog to knowingly or | ||||||
10 | wantonly allow
his or her dog to pursue, harass or kill deer, | ||||||
11 | except that nothing in this Section shall prohibit the | ||||||
12 | tracking of wounded deer with a dog in accordance with the | ||||||
13 | provisions of Section 2.26 of this Code.
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14 | (x) It is unlawful for any person to wantonly or | ||||||
15 | carelessly injure
or destroy, in any manner whatsoever, any | ||||||
16 | real or personal property on
the land of another while engaged | ||||||
17 | in hunting or trapping thereon.
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18 | (y) It is unlawful to hunt wild game protected by this Act | ||||||
19 | between one
half hour after sunset and one half hour before | ||||||
20 | sunrise, except that
hunting hours between one half hour after | ||||||
21 | sunset and one half hour
before sunrise may be established by | ||||||
22 | administrative rule for fur-bearing
mammals.
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23 | (z) It is unlawful to take any game bird (excluding wild | ||||||
24 | turkeys and
crippled pheasants not capable of normal flight | ||||||
25 | and otherwise irretrievable)
protected by this Act when not | ||||||
26 | flying. Nothing in this Section shall prohibit
a person from |
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1 | carrying an uncased, unloaded shotgun in a boat, while in | ||||||
2 | pursuit
of a crippled migratory waterfowl that is incapable of | ||||||
3 | normal flight, for the
purpose of attempting to reduce the | ||||||
4 | migratory waterfowl to possession, provided
that the attempt | ||||||
5 | is made immediately upon downing the migratory waterfowl and
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6 | is done within 400 yards of the blind from which the migratory | ||||||
7 | waterfowl was
downed. This exception shall apply only to | ||||||
8 | migratory game birds that are not
capable of normal flight. | ||||||
9 | Migratory waterfowl that are crippled may be taken
only with a | ||||||
10 | shotgun as regulated by subsection (j) of this Section using
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11 | shotgun shells as regulated in subsection (k) of this Section.
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12 | (aa) It is unlawful to use or possess any device that may | ||||||
13 | be used for
tree climbing or cutting, while hunting | ||||||
14 | fur-bearing mammals, excluding coyotes.
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15 | (bb) It is unlawful for any person, except licensed game | ||||||
16 | breeders,
pursuant to Section 2.29 to import, carry into, or | ||||||
17 | possess alive in this
State any species of wildlife taken | ||||||
18 | outside of this State, without
obtaining permission to do so | ||||||
19 | from the Director.
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20 | (cc) It is unlawful for any person to have in his or her
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21 | possession any freshly killed species protected by this Act | ||||||
22 | during the season
closed for taking.
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23 | (dd) It is unlawful to take any species protected by this | ||||||
24 | Act and retain
it alive except as provided by administrative | ||||||
25 | rule.
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26 | (ee) It is unlawful to possess any rifle while in the field |
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1 | during gun
deer season except as provided in Section 2.26 and | ||||||
2 | administrative rules.
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3 | (ff) It is unlawful for any person to take any species | ||||||
4 | protected by
this Act, except migratory waterfowl, during the | ||||||
5 | gun deer hunting season in
those counties open to gun deer | ||||||
6 | hunting, unless he or she wears, when in
the field, a cap and | ||||||
7 | upper outer garment of a solid blaze orange color or solid | ||||||
8 | blaze pink color, with
such articles of clothing displaying a | ||||||
9 | minimum of 400 square inches of
blaze orange or solid blaze | ||||||
10 | pink color material.
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11 | (gg) It is unlawful during the upland game season for any | ||||||
12 | person to take
upland game with a firearm unless he or she | ||||||
13 | wears, while in the field, a
cap of solid blaze orange color or | ||||||
14 | solid blaze pink color. For purposes of this Act, upland game | ||||||
15 | is
defined as Bobwhite Quail, Hungarian Partridge, Ring-necked | ||||||
16 | Pheasant, Eastern
Cottontail and Swamp Rabbit.
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17 | (hh) It shall be unlawful to kill or cripple any species | ||||||
18 | protected by
this Act for which there is a bag limit without | ||||||
19 | making a reasonable
effort to retrieve such species and | ||||||
20 | include such in the bag limit. It shall be unlawful for any | ||||||
21 | person having control over harvested game mammals, game birds, | ||||||
22 | or migratory game birds for which there is a bag limit to | ||||||
23 | wantonly waste or destroy the usable meat of the game, except | ||||||
24 | this shall not apply to wildlife taken under Sections 2.37 or | ||||||
25 | 3.22 of this Code. For purposes of this subsection, "usable | ||||||
26 | meat" means the breast meat of a game bird or migratory game |
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1 | bird and the hind ham and front shoulders of a game mammal. It | ||||||
2 | shall be unlawful for any person to place, leave, dump, or | ||||||
3 | abandon a wildlife carcass or parts of it along or upon a | ||||||
4 | public right-of-way or highway or on public or private | ||||||
5 | property, including a waterway or stream, without the | ||||||
6 | permission of the owner or tenant. It shall not be unlawful to | ||||||
7 | discard game meat that is determined to be unfit for human | ||||||
8 | consumption.
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9 | (ii) This Section shall apply only to those species | ||||||
10 | protected by this
Act taken within the State. Any species or | ||||||
11 | any parts thereof, legally taken
in and transported from other | ||||||
12 | states or countries, may be possessed
within the State, except | ||||||
13 | as provided in this Section and Sections 2.35, 2.36
and 3.21.
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14 | (jj) (Blank).
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15 | (kk) Nothing contained in this Section shall prohibit the | ||||||
16 | Director
from issuing permits to paraplegics or to other | ||||||
17 | persons with disabilities who meet the
requirements set forth | ||||||
18 | in administrative rule to shoot or hunt from a vehicle
as | ||||||
19 | provided by that rule, provided that such is otherwise in | ||||||
20 | accord with this
Act.
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21 | (ll) Nothing contained in this Act shall prohibit the | ||||||
22 | taking of aquatic
life protected by the Fish and Aquatic Life | ||||||
23 | Code or birds and mammals
protected by this Act, except deer | ||||||
24 | and fur-bearing mammals, from a boat not
camouflaged or | ||||||
25 | disguised to alter its identity or to further provide a place
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26 | of concealment and not propelled by sail or mechanical power. |
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1 | However, only
shotguns not larger than 10 gauge nor smaller | ||||||
2 | than .410 bore loaded with not
more than 3 shells of a shot | ||||||
3 | size no larger than lead BB or steel T (.20
diameter) may be | ||||||
4 | used to take species protected by this Act.
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5 | (mm) Nothing contained in this Act shall prohibit the use | ||||||
6 | of a shotgun,
not larger than 10 gauge nor smaller than a 20 | ||||||
7 | gauge, with a rifled barrel.
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8 | (nn) It shall be unlawful to possess any species of | ||||||
9 | wildlife or wildlife parts taken unlawfully in Illinois, any | ||||||
10 | other state, or any other country, whether or not the wildlife | ||||||
11 | or wildlife parts is indigenous to Illinois. For the purposes | ||||||
12 | of this subsection, the statute of limitations for unlawful | ||||||
13 | possession of wildlife or wildlife parts shall not cease until | ||||||
14 | 2 years after the possession has permanently ended. | ||||||
15 | (Source: P.A. 99-33, eff. 1-1-16; 99-143, eff. 7-27-15; | ||||||
16 | 99-642, eff. 7-28-16; 100-489, eff. 9-8-17; 100-949, eff. | ||||||
17 | 1-1-19 .)
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18 | Section 10. The Criminal Code of 2012 is amended by | ||||||
19 | changing Sections 24-1 and 24-3 as follows:
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20 | (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
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21 | Sec. 24-1. Unlawful use of weapons.
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22 | (a) A person commits the offense of unlawful use of | ||||||
23 | weapons when
he knowingly:
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24 | (1) Sells, manufactures, purchases, possesses or |
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1 | carries any bludgeon,
black-jack, slung-shot, sand-club, | ||||||
2 | sand-bag, metal knuckles or other knuckle weapon | ||||||
3 | regardless of its composition, throwing star,
or any | ||||||
4 | knife, commonly referred to as a switchblade knife, which | ||||||
5 | has a
blade that opens automatically by hand pressure | ||||||
6 | applied to a button,
spring or other device in the handle | ||||||
7 | of the knife, or a ballistic knife,
which is a device that | ||||||
8 | propels a knifelike blade as a projectile by means
of a | ||||||
9 | coil spring, elastic material or compressed gas; or
| ||||||
10 | (2) Carries or possesses with intent to use the same | ||||||
11 | unlawfully
against another, a dagger, dirk, billy, | ||||||
12 | dangerous knife, razor,
stiletto, broken bottle or other | ||||||
13 | piece of glass, stun gun or taser or
any other dangerous or | ||||||
14 | deadly weapon or instrument of like character; or
| ||||||
15 | (2.5) Carries or possesses with intent to use the same | ||||||
16 | unlawfully against another, any firearm in a church, | ||||||
17 | synagogue, mosque, or other building, structure, or place | ||||||
18 | used for religious worship; or | ||||||
19 | (3) Carries on or about his person or in any vehicle, a | ||||||
20 | tear gas gun
projector or bomb or any object containing | ||||||
21 | noxious liquid gas or
substance, other than an object | ||||||
22 | containing a non-lethal noxious liquid gas
or substance | ||||||
23 | designed solely for personal defense carried by a person | ||||||
24 | 18
years of age or older; or
| ||||||
25 | (4) Carries or possesses in any vehicle or concealed | ||||||
26 | on or about his
person except when on his land or in his |
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1 | own abode, legal dwelling, or fixed place of
business, or | ||||||
2 | on the land or in the legal dwelling of another person as | ||||||
3 | an invitee with that person's permission, any pistol, | ||||||
4 | revolver, stun gun or taser or other firearm, except
that
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5 | this subsection (a) (4) does not apply to or affect | ||||||
6 | transportation of weapons
that meet one of the following | ||||||
7 | conditions:
| ||||||
8 | (i) are broken down in a non-functioning state; or
| ||||||
9 | (ii) are not immediately accessible; or
| ||||||
10 | (iii) are unloaded and enclosed in a case, firearm | ||||||
11 | carrying box,
shipping box, or other container by a | ||||||
12 | person who has been issued a currently
valid Firearm | ||||||
13 | Owner's
Identification Card; or | ||||||
14 | (iv) are carried or possessed in accordance with | ||||||
15 | the Firearm Concealed Carry Act by a person who has | ||||||
16 | been issued a currently valid license under the | ||||||
17 | Firearm Concealed Carry Act; or
| ||||||
18 | (5) Sets a spring gun; or
| ||||||
19 | (6) Uses, attaches, or possesses with the intent to | ||||||
20 | use or attach Possesses any device or attachment of any | ||||||
21 | kind for designed, used or
intended for use in silencing | ||||||
22 | the report of any handgun, unless the use, attachment, or | ||||||
23 | possession with the intent to use the device or attachment | ||||||
24 | is on the premises of a firing or shooting range; or | ||||||
25 | possesses any device or attachment of any kind designed, | ||||||
26 | used, or intended for use in silencing the report of any |
| |||||||
| |||||||
1 | other firearm if the device or attachment is not possessed | ||||||
2 | in compliance with the National Firearms Act firearm ; or
| ||||||
3 | (7) Sells, manufactures, purchases, possesses or | ||||||
4 | carries:
| ||||||
5 | (i) a machine gun, which shall be defined for the | ||||||
6 | purposes of this
subsection as any weapon,
which | ||||||
7 | shoots, is designed to shoot, or can be readily | ||||||
8 | restored to shoot,
automatically more than one shot | ||||||
9 | without manually reloading by a single
function of the | ||||||
10 | trigger, including the frame or receiver
of any such | ||||||
11 | weapon, or sells, manufactures, purchases, possesses, | ||||||
12 | or
carries any combination of parts designed or | ||||||
13 | intended for
use in converting any weapon into a | ||||||
14 | machine gun, or any combination or
parts from which a | ||||||
15 | machine gun can be assembled if such parts are in the
| ||||||
16 | possession or under the control of a person;
| ||||||
17 | (ii) any rifle having one or
more barrels less | ||||||
18 | than 16 inches in length or a shotgun having one or | ||||||
19 | more
barrels less than 18 inches in length or any | ||||||
20 | weapon made from a rifle or
shotgun, whether by | ||||||
21 | alteration, modification, or otherwise, if such a | ||||||
22 | weapon
as modified has an overall length of less than | ||||||
23 | 26 inches; or
| ||||||
24 | (iii) any
bomb, bomb-shell, grenade, bottle or | ||||||
25 | other container containing an
explosive substance of | ||||||
26 | over one-quarter ounce for like purposes, such
as, but |
| |||||||
| |||||||
1 | not limited to, black powder bombs and Molotov | ||||||
2 | cocktails or
artillery projectiles; or
| ||||||
3 | (8) Carries or possesses any firearm, stun gun or | ||||||
4 | taser or other
deadly weapon in any place which is | ||||||
5 | licensed to sell intoxicating
beverages, or at any public | ||||||
6 | gathering held pursuant to a license issued
by any | ||||||
7 | governmental body or any public gathering at which an | ||||||
8 | admission
is charged, excluding a place where a showing, | ||||||
9 | demonstration or lecture
involving the exhibition of | ||||||
10 | unloaded firearms is conducted.
| ||||||
11 | This subsection (a)(8) does not apply to any auction | ||||||
12 | or raffle of a firearm
held pursuant to
a license or permit | ||||||
13 | issued by a governmental body, nor does it apply to | ||||||
14 | persons
engaged
in firearm safety training courses; or
| ||||||
15 | (9) Carries or possesses in a vehicle or on or about | ||||||
16 | his or her person any
pistol, revolver, stun gun or taser | ||||||
17 | or firearm or ballistic knife, when
he or she is hooded, | ||||||
18 | robed or masked in such manner as to conceal his or her | ||||||
19 | identity; or
| ||||||
20 | (10) Carries or possesses on or about his or her | ||||||
21 | person, upon any public street,
alley, or other public | ||||||
22 | lands within the corporate limits of a city, village,
or | ||||||
23 | incorporated town, except when an invitee thereon or | ||||||
24 | therein, for the
purpose of the display of such weapon or | ||||||
25 | the lawful commerce in weapons, or
except when on his land | ||||||
26 | or in his or her own abode, legal dwelling, or fixed place |
| |||||||
| |||||||
1 | of business, or on the land or in the legal dwelling of | ||||||
2 | another person as an invitee with that person's | ||||||
3 | permission, any
pistol, revolver, stun gun, or taser or | ||||||
4 | other firearm, except that this
subsection (a) (10) does | ||||||
5 | not apply to or affect transportation of weapons that
meet | ||||||
6 | one of the following conditions:
| ||||||
7 | (i) are broken down in a non-functioning state; or
| ||||||
8 | (ii) are not immediately accessible; or
| ||||||
9 | (iii) are unloaded and enclosed in a case, firearm | ||||||
10 | carrying box,
shipping box, or other container by a | ||||||
11 | person who has been issued a currently
valid Firearm | ||||||
12 | Owner's
Identification Card; or
| ||||||
13 | (iv) are carried or possessed in accordance with | ||||||
14 | the Firearm Concealed Carry Act by a person who has | ||||||
15 | been issued a currently valid license under the | ||||||
16 | Firearm Concealed Carry Act. | ||||||
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 |
| |||||||
| |||||||
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 | ||||||
9 | having a projectile affixed at the
front thereof and a cap | ||||||
10 | or 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 | ||||||
15 | person while in a building occupied by a unit of | ||||||
16 | government, a billy club, other weapon of like character, | ||||||
17 | or other instrument of like character intended for use as | ||||||
18 | a weapon. For the purposes of this Section, "billy club" | ||||||
19 | means a short stick or club commonly carried by police | ||||||
20 | officers which is either telescopic or constructed of a | ||||||
21 | solid piece of wood or other man-made material. | ||||||
22 | (b) Sentence. A person convicted of a violation of | ||||||
23 | subsection 24-1(a)(1)
through (5), subsection 24-1(a)(10),
| ||||||
24 | subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a | ||||||
25 | Class A
misdemeanor.
A person convicted of a violation of | ||||||
26 | subsection
24-1(a)(8) or 24-1(a)(9) commits a
Class 4 felony; |
| |||||||
| |||||||
1 | a person
convicted of a violation of subsection 24-1(a)(6) or | ||||||
2 | 24-1(a)(7)(ii) or (iii)
commits a Class 3 felony. A person | ||||||
3 | convicted of a violation of subsection
24-1(a)(7)(i) commits a | ||||||
4 | Class 2 felony and shall be sentenced to a term of imprisonment | ||||||
5 | of not less than 3 years and not more than 7 years, unless the | ||||||
6 | weapon is possessed in the
passenger compartment of a motor | ||||||
7 | vehicle as defined in Section 1-146 of the
Illinois Vehicle | ||||||
8 | Code, or on the person, while the weapon is loaded, in which
| ||||||
9 | case it shall be a Class X felony. A person convicted of a
| ||||||
10 | second or subsequent violation of subsection 24-1(a)(4), | ||||||
11 | 24-1(a)(8),
24-1(a)(9), or
24-1(a)(10) commits a Class 3 | ||||||
12 | felony. A person convicted of a violation of subsection | ||||||
13 | 24-1(a)(2.5) commits a Class 2 felony. The possession of each | ||||||
14 | weapon in violation of this Section constitutes a single and | ||||||
15 | separate violation.
| ||||||
16 | (c) Violations in specific places.
| ||||||
17 | (1) A person who violates subsection 24-1(a)(6) or | ||||||
18 | 24-1(a)(7) in any
school, regardless of the time of day or | ||||||
19 | the time of year, in residential
property owned, operated | ||||||
20 | or managed by a public housing agency or
leased by
a public | ||||||
21 | housing agency as part of a scattered site or mixed-income
| ||||||
22 | development, in a
public park, in a courthouse, on the | ||||||
23 | real property comprising any school,
regardless of the
| ||||||
24 | time of day or the time of year, on residential property | ||||||
25 | owned, operated
or
managed by a public housing agency
or | ||||||
26 | leased by a public housing agency as part of a scattered |
| |||||||
| |||||||
1 | site or
mixed-income development,
on the real property | ||||||
2 | comprising any
public park, on the real property | ||||||
3 | comprising any courthouse, in any conveyance
owned, leased | ||||||
4 | or contracted by a school to
transport students to or from | ||||||
5 | school or a school related activity, in any conveyance
| ||||||
6 | owned, leased, or contracted by a public transportation | ||||||
7 | agency, or on any
public way within 1,000 feet of the real | ||||||
8 | property comprising any school,
public park, courthouse, | ||||||
9 | public transportation facility, or residential property | ||||||
10 | owned, operated, or managed
by a public housing agency
or | ||||||
11 | leased by a public housing agency as part of a scattered | ||||||
12 | site or
mixed-income development
commits a Class 2 felony | ||||||
13 | and shall be sentenced to a term of imprisonment of not | ||||||
14 | less than 3 years and not more than 7 years.
| ||||||
15 | (1.5) A person who violates subsection 24-1(a)(4), | ||||||
16 | 24-1(a)(9), or
24-1(a)(10) in any school, regardless of | ||||||
17 | the time of day or the time of year,
in residential | ||||||
18 | property owned, operated, or managed by a public
housing
| ||||||
19 | agency
or leased by a public housing agency as part of a | ||||||
20 | scattered site or
mixed-income development,
in
a public
| ||||||
21 | park, in a courthouse, on the real property comprising any | ||||||
22 | school, regardless
of the time of day or the time of year, | ||||||
23 | on residential property owned,
operated, or managed by a | ||||||
24 | public housing agency
or leased by a public housing agency | ||||||
25 | as part of a scattered site or
mixed-income development,
| ||||||
26 | on the real property
comprising any public park, on the |
| |||||||
| |||||||
1 | real property comprising any courthouse, in
any conveyance | ||||||
2 | owned, leased, or contracted by a school to transport | ||||||
3 | students
to or from school or a school related activity, | ||||||
4 | in any conveyance
owned, leased, or contracted by a public | ||||||
5 | transportation agency, or on any public way within
1,000 | ||||||
6 | feet of the real property comprising any school, public | ||||||
7 | park, courthouse,
public transportation facility, or | ||||||
8 | residential property owned, operated, or managed by a | ||||||
9 | public
housing agency
or leased by a public housing agency | ||||||
10 | as part of a scattered site or
mixed-income development
| ||||||
11 | commits a Class 3 felony.
| ||||||
12 | (2) A person who violates subsection 24-1(a)(1), | ||||||
13 | 24-1(a)(2), or
24-1(a)(3)
in any school, regardless of the | ||||||
14 | time of day or the time of year, in
residential property | ||||||
15 | owned, operated or managed by a public housing
agency
or | ||||||
16 | leased by a public housing agency as part of a scattered | ||||||
17 | site or
mixed-income development,
in
a public park, in a | ||||||
18 | courthouse, on the real property comprising any school,
| ||||||
19 | regardless of the time of day or the time of year, on | ||||||
20 | residential property
owned, operated or managed by a | ||||||
21 | public housing agency
or leased by a public housing agency | ||||||
22 | as part of a scattered site or
mixed-income development,
| ||||||
23 | on the real property
comprising any public park, on the | ||||||
24 | real property comprising any courthouse, in
any conveyance | ||||||
25 | owned, leased or contracted by a school to transport | ||||||
26 | students
to or from school or a school related activity, |
| |||||||
| |||||||
1 | in any conveyance
owned, leased, or contracted by a public | ||||||
2 | transportation agency, or on any public way within
1,000 | ||||||
3 | feet of the real property comprising any school, public | ||||||
4 | park, courthouse,
public transportation facility, or | ||||||
5 | residential property owned, operated, or managed by a | ||||||
6 | public
housing agency or leased by a public housing agency | ||||||
7 | as part of a scattered
site or mixed-income development | ||||||
8 | commits a Class 4 felony. "Courthouse"
means any building | ||||||
9 | that is used by the Circuit, Appellate, or Supreme Court | ||||||
10 | of
this State for the conduct of official business.
| ||||||
11 | (3) Paragraphs (1), (1.5), and (2) of this subsection | ||||||
12 | (c) shall not
apply to law
enforcement officers or | ||||||
13 | security officers of such school, college, or
university | ||||||
14 | or to students carrying or possessing firearms for use in | ||||||
15 | training
courses, parades, hunting, target shooting on | ||||||
16 | school ranges, or otherwise with
the consent of school | ||||||
17 | authorities and which firearms are transported unloaded
| ||||||
18 | enclosed in a suitable case, box, or transportation | ||||||
19 | package.
| ||||||
20 | (4) For the purposes of this subsection (c), "school" | ||||||
21 | means any public or
private elementary or secondary | ||||||
22 | school, community college, college, or
university.
| ||||||
23 | (5) For the purposes of this subsection (c), "public | ||||||
24 | transportation agency" means a public or private agency | ||||||
25 | that provides for the transportation or conveyance of
| ||||||
26 | persons by means available to the general public, except |
| |||||||
| |||||||
1 | for transportation
by automobiles not used for conveyance | ||||||
2 | of the general public as passengers; and "public | ||||||
3 | transportation facility" means a terminal or other place
| ||||||
4 | where one may obtain public transportation.
| ||||||
5 | (d) The presence in an automobile other than a public | ||||||
6 | omnibus of any
weapon, instrument or substance referred to in | ||||||
7 | subsection (a)(7) is
prima facie evidence that it is in the | ||||||
8 | possession of, and is being
carried by, all persons occupying | ||||||
9 | such automobile at the time such
weapon, instrument or | ||||||
10 | substance is found, except under the following
circumstances: | ||||||
11 | (i) if such weapon, instrument or instrumentality is
found | ||||||
12 | upon the person of one of the occupants therein; or (ii) if | ||||||
13 | such
weapon, instrument or substance is found in an automobile | ||||||
14 | operated for
hire by a duly licensed driver in the due, lawful | ||||||
15 | and proper pursuit of
his or her trade, then such presumption | ||||||
16 | shall not apply to the driver.
| ||||||
17 | (e) Exemptions. | ||||||
18 | (1) Crossbows, Common or Compound bows and Underwater
| ||||||
19 | Spearguns are exempted from the definition of ballistic | ||||||
20 | knife as defined in
paragraph (1) of subsection (a) of | ||||||
21 | this Section. | ||||||
22 | (2) The provision of paragraph (1) of subsection (a) | ||||||
23 | of this Section prohibiting the sale, manufacture, | ||||||
24 | purchase, possession, or carrying of any knife, commonly | ||||||
25 | referred to as a switchblade knife, which has a
blade that | ||||||
26 | opens automatically by hand pressure applied to a button,
|
| |||||||
| |||||||
1 | spring or other device in the handle of the knife, does not | ||||||
2 | apply to a person who possesses a currently valid Firearm | ||||||
3 | Owner's Identification Card previously issued in his or | ||||||
4 | her name by the Department of State Police or to a person | ||||||
5 | or an entity engaged in the business of selling or | ||||||
6 | manufacturing switchblade knives.
| ||||||
7 | (Source: P.A. 100-82, eff. 8-11-17; 101-223, eff. 1-1-20 .)
| ||||||
8 | (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
| ||||||
9 | Sec. 24-3. Unlawful sale or delivery of firearms.
| ||||||
10 | (A) A person commits the offense of unlawful sale or | ||||||
11 | delivery of firearms when he
or she knowingly does any of the | ||||||
12 | following:
| ||||||
13 | (a) Sells or gives any firearm of a size which may be | ||||||
14 | concealed upon the
person to any person under 18 years of | ||||||
15 | age.
| ||||||
16 | (b) Sells or gives any firearm to a person under 21 | ||||||
17 | years of age who has
been convicted of a misdemeanor other | ||||||
18 | than a traffic offense or adjudged
delinquent.
| ||||||
19 | (c) Sells or gives any firearm to any narcotic addict.
| ||||||
20 | (d) Sells or gives any firearm to any person who has | ||||||
21 | been convicted of a
felony under the laws of this or any | ||||||
22 | other jurisdiction.
| ||||||
23 | (e) Sells or gives any firearm to any person who has | ||||||
24 | been a patient in a
mental institution within the past 5 | ||||||
25 | years. In this subsection (e): |
| |||||||
| |||||||
1 | "Mental institution" means any hospital, | ||||||
2 | institution, clinic, evaluation facility, mental | ||||||
3 | health center, or part thereof, which is used | ||||||
4 | primarily for the care or treatment of persons with | ||||||
5 | mental illness. | ||||||
6 | "Patient in a mental institution" means the person | ||||||
7 | was admitted, either voluntarily or involuntarily, to | ||||||
8 | a mental institution for mental health treatment, | ||||||
9 | unless the treatment was voluntary and solely for an | ||||||
10 | alcohol abuse disorder and no other secondary | ||||||
11 | substance abuse disorder or mental illness.
| ||||||
12 | (f) Sells or gives any firearms to any person who is a | ||||||
13 | person with an intellectual disability.
| ||||||
14 | (g) Delivers any firearm, incidental to a sale, | ||||||
15 | without withholding delivery of the firearm
for at least | ||||||
16 | 72 hours after application for its purchase has been made, | ||||||
17 | or
delivers a stun gun or taser, incidental to a sale,
| ||||||
18 | without withholding delivery of the stun gun or taser for
| ||||||
19 | at least 24 hours after application for its purchase has | ||||||
20 | been made.
However,
this paragraph (g) does not apply to: | ||||||
21 | (1) the sale of a firearm
to a law enforcement officer if | ||||||
22 | the seller of the firearm knows that the person to whom he | ||||||
23 | or she is selling the firearm is a law enforcement officer | ||||||
24 | or the sale of a firearm to a person who desires to | ||||||
25 | purchase a firearm for
use in promoting the public | ||||||
26 | interest incident to his or her employment as a
bank |
| |||||||
| |||||||
1 | guard, armed truck guard, or other similar employment; (2) | ||||||
2 | a mail
order sale of a firearm from a federally licensed | ||||||
3 | firearms dealer to a nonresident of Illinois under which | ||||||
4 | the firearm
is mailed to a federally licensed firearms | ||||||
5 | dealer outside the boundaries of Illinois; (3) (blank); | ||||||
6 | (4) the sale of a
firearm to a dealer licensed as a federal | ||||||
7 | firearms dealer under Section 923
of the federal Gun | ||||||
8 | Control Act of 1968 (18 U.S.C. 923); or (5) the transfer or | ||||||
9 | sale of any rifle, shotgun, or other long gun to a resident | ||||||
10 | registered competitor or attendee or non-resident | ||||||
11 | registered competitor or attendee by any dealer licensed | ||||||
12 | as a federal firearms dealer under Section 923 of the | ||||||
13 | federal Gun Control Act of 1968 at competitive shooting | ||||||
14 | events held at the World Shooting Complex sanctioned by a | ||||||
15 | national governing body. For purposes of transfers or | ||||||
16 | sales under subparagraph (5) of this paragraph (g), the | ||||||
17 | Department of Natural Resources shall give notice to the | ||||||
18 | Department of State Police at least 30 calendar days prior | ||||||
19 | to any competitive shooting events at the World Shooting | ||||||
20 | Complex sanctioned by a national governing body. The | ||||||
21 | notification shall be made on a form prescribed by the | ||||||
22 | Department of State Police. The sanctioning body shall | ||||||
23 | provide a list of all registered competitors and attendees | ||||||
24 | at least 24 hours before the events to the Department of | ||||||
25 | State Police. Any changes to the list of registered | ||||||
26 | competitors and attendees shall be forwarded to the |
| |||||||
| |||||||
1 | Department of State Police as soon as practicable. The | ||||||
2 | Department of State Police must destroy the list of | ||||||
3 | registered competitors and attendees no later than 30 days | ||||||
4 | after the date of the event. Nothing in this paragraph (g) | ||||||
5 | relieves a federally licensed firearm dealer from the | ||||||
6 | requirements of conducting a NICS background check through | ||||||
7 | the Illinois Point of Contact under 18 U.S.C. 922(t). For | ||||||
8 | purposes of this paragraph (g), "application" means when | ||||||
9 | the buyer and seller reach an agreement to purchase a | ||||||
10 | firearm.
For purposes of this paragraph (g), "national | ||||||
11 | governing body" means a group of persons who adopt rules | ||||||
12 | and formulate policy on behalf of a national firearm | ||||||
13 | sporting organization.
| ||||||
14 | (h) While holding any license
as a dealer,
importer, | ||||||
15 | manufacturer or pawnbroker
under the federal Gun Control | ||||||
16 | Act of 1968,
manufactures, sells or delivers to any | ||||||
17 | unlicensed person a handgun having
a barrel, slide, frame | ||||||
18 | or receiver which is a die casting of zinc alloy or
any | ||||||
19 | other nonhomogeneous metal which will melt or deform at a | ||||||
20 | temperature
of less than 800 degrees Fahrenheit. For | ||||||
21 | purposes of this paragraph, (1)
"firearm" is defined as in | ||||||
22 | the Firearm Owners Identification Card Act; and (2)
| ||||||
23 | "handgun" is defined as a firearm designed to be held
and | ||||||
24 | fired by the use of a single hand, and includes a | ||||||
25 | combination of parts from
which such a firearm can be | ||||||
26 | assembled.
|
| |||||||
| |||||||
1 | (i) Sells or gives a firearm of any size to any person | ||||||
2 | under 18 years of
age who does not possess a valid Firearm | ||||||
3 | Owner's Identification Card.
| ||||||
4 | (j) Sells or gives a firearm while engaged in the | ||||||
5 | business of selling
firearms at wholesale or retail | ||||||
6 | without being licensed as a federal firearms
dealer under | ||||||
7 | Section 923 of the federal Gun Control Act of 1968 (18 | ||||||
8 | U.S.C.
923). In this paragraph (j):
| ||||||
9 | A person "engaged in the business" means a person who | ||||||
10 | devotes time,
attention, and
labor to
engaging in the | ||||||
11 | activity as a regular course of trade or business with the
| ||||||
12 | principal objective of livelihood and profit, but does not | ||||||
13 | include a person who
makes occasional repairs of firearms | ||||||
14 | or who occasionally fits special barrels,
stocks, or | ||||||
15 | trigger mechanisms to firearms.
| ||||||
16 | "With the principal objective of livelihood and | ||||||
17 | profit" means that the
intent
underlying the sale or | ||||||
18 | disposition of firearms is predominantly one of
obtaining | ||||||
19 | livelihood and pecuniary gain, as opposed to other | ||||||
20 | intents, such as
improving or liquidating a personal | ||||||
21 | firearms collection; however, proof of
profit shall not be | ||||||
22 | required as to a person who engages in the regular and
| ||||||
23 | repetitive purchase and disposition of firearms for | ||||||
24 | criminal purposes or
terrorism.
| ||||||
25 | (k) Sells or transfers ownership of a firearm to a | ||||||
26 | person who does not display to the seller or transferor of |
| |||||||
| |||||||
1 | the firearm either: (1) a currently valid Firearm Owner's | ||||||
2 | Identification Card that has previously been issued in the | ||||||
3 | transferee's name by the Department of State Police under | ||||||
4 | the provisions of the Firearm Owners Identification Card | ||||||
5 | Act; or (2) a currently valid license to carry a concealed | ||||||
6 | firearm that has previously been issued in the | ||||||
7 | transferee's name by the
Department of State Police under | ||||||
8 | the Firearm Concealed Carry Act. This paragraph (k) does | ||||||
9 | not apply to the transfer of a firearm to a person who is | ||||||
10 | exempt from the requirement of possessing a Firearm | ||||||
11 | Owner's Identification Card under Section 2 of the Firearm | ||||||
12 | Owners Identification Card Act. For the purposes of this | ||||||
13 | Section, a currently valid Firearm Owner's Identification | ||||||
14 | Card means (i) a Firearm Owner's Identification Card that | ||||||
15 | has not expired or (ii) an approval number issued in | ||||||
16 | accordance with subsection (a-10) of subsection 3 or | ||||||
17 | Section 3.1 of the Firearm Owners Identification Card Act | ||||||
18 | shall be proof that the Firearm Owner's Identification | ||||||
19 | Card was valid. | ||||||
20 | (1) In addition to the other requirements of this | ||||||
21 | paragraph (k), all persons who are not federally | ||||||
22 | licensed firearms dealers must also have complied with | ||||||
23 | subsection (a-10) of Section 3 of the Firearm Owners | ||||||
24 | Identification Card Act by determining the validity of | ||||||
25 | a purchaser's Firearm Owner's Identification Card. | ||||||
26 | (2) All sellers or transferors who have complied |
| |||||||
| |||||||
1 | with the requirements of subparagraph (1) of this | ||||||
2 | paragraph (k) shall not be liable for damages in any | ||||||
3 | civil action arising from the use or misuse by the | ||||||
4 | transferee of the firearm transferred, except for | ||||||
5 | willful or wanton misconduct on the part of the seller | ||||||
6 | or transferor. | ||||||
7 | (l) Not
being entitled to the possession of a firearm, | ||||||
8 | delivers the
firearm, knowing it to have been stolen or | ||||||
9 | converted. It may be inferred that
a person who possesses | ||||||
10 | a firearm with knowledge that its serial number has
been | ||||||
11 | removed or altered has knowledge that the firearm is | ||||||
12 | stolen or converted. | ||||||
13 | (m) Transfers or gives a suppressor or silencer to a | ||||||
14 | person not authorized to possess the suppressor or | ||||||
15 | silencer under federal law. | ||||||
16 | (B) Paragraph (h) of subsection (A) does not include | ||||||
17 | firearms sold within 6
months after enactment of Public
Act | ||||||
18 | 78-355 (approved August 21, 1973, effective October 1, 1973), | ||||||
19 | nor is any
firearm legally owned or
possessed by any citizen or | ||||||
20 | purchased by any citizen within 6 months after the
enactment | ||||||
21 | of Public Act 78-355 subject
to confiscation or seizure under | ||||||
22 | the provisions of that Public Act. Nothing in
Public Act | ||||||
23 | 78-355 shall be construed to prohibit the gift or trade of
any | ||||||
24 | firearm if that firearm was legally held or acquired within 6 | ||||||
25 | months after
the enactment of that Public Act.
| ||||||
26 | (C) Sentence.
|
| |||||||
| |||||||
1 | (1) Any person convicted of unlawful sale or delivery | ||||||
2 | of firearms in violation of
paragraph (c), (e), (f), (g), | ||||||
3 | or (h) of subsection (A) commits a Class
4
felony.
| ||||||
4 | (2) Any person convicted of unlawful sale or delivery | ||||||
5 | of firearms in violation of
paragraph (b) or (i) , or (m) of | ||||||
6 | subsection (A) commits a Class 3 felony.
| ||||||
7 | (3) Any person convicted of unlawful sale or delivery | ||||||
8 | of firearms in violation of
paragraph (a) of subsection | ||||||
9 | (A) commits a Class 2 felony.
| ||||||
10 | (4) Any person convicted of unlawful sale or delivery | ||||||
11 | of firearms in violation of
paragraph (a), (b), or (i) of | ||||||
12 | subsection (A) in any school, on the real
property | ||||||
13 | comprising a school, within 1,000 feet of the real | ||||||
14 | property comprising
a school, at a school related | ||||||
15 | activity, or on or within 1,000 feet of any
conveyance | ||||||
16 | owned, leased, or contracted by a school or school | ||||||
17 | district to
transport students to or from school or a | ||||||
18 | school related activity,
regardless of the time of day or | ||||||
19 | time of year at which the offense
was committed, commits a | ||||||
20 | Class 1 felony. Any person convicted of a second
or | ||||||
21 | subsequent violation of unlawful sale or delivery of | ||||||
22 | firearms in violation of paragraph
(a), (b), or (i) of | ||||||
23 | subsection (A) in any school, on the real property
| ||||||
24 | comprising a school, within 1,000 feet of the real | ||||||
25 | property comprising a
school, at a school related | ||||||
26 | activity, or on or within 1,000 feet of any
conveyance |
| |||||||
| |||||||
1 | owned, leased, or contracted by a school or school | ||||||
2 | district to
transport students to or from school or a | ||||||
3 | school related activity,
regardless of the time of day or | ||||||
4 | time of year at which the offense
was committed, commits a | ||||||
5 | Class 1 felony for which the sentence shall be a
term of | ||||||
6 | imprisonment of no less than 5 years and no more than 15 | ||||||
7 | years.
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8 | (5) Any person convicted of unlawful sale or delivery | ||||||
9 | of firearms in violation of
paragraph (a) or (i) of | ||||||
10 | subsection (A) in residential property owned,
operated, or | ||||||
11 | managed by a public housing agency or leased by a public | ||||||
12 | housing
agency as part of a scattered site or mixed-income | ||||||
13 | development, in a public
park, in a
courthouse, on | ||||||
14 | residential property owned, operated, or managed by a | ||||||
15 | public
housing agency or leased by a public housing agency | ||||||
16 | as part of a scattered site
or mixed-income development, | ||||||
17 | on the real property comprising any public park,
on the | ||||||
18 | real
property comprising any courthouse, or on any public | ||||||
19 | way within 1,000 feet
of the real property comprising any | ||||||
20 | public park, courthouse, or residential
property owned, | ||||||
21 | operated, or managed by a public housing agency or leased | ||||||
22 | by a
public housing agency as part of a scattered site or | ||||||
23 | mixed-income development
commits a
Class 2 felony.
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24 | (6) Any person convicted of unlawful sale or delivery | ||||||
25 | of firearms in violation of
paragraph (j) of subsection | ||||||
26 | (A) commits a Class A misdemeanor. A second or
subsequent |
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| |||||||
1 | violation is a Class 4 felony. | ||||||
2 | (7) Any person convicted of unlawful sale or delivery | ||||||
3 | of firearms in violation of paragraph (k) of subsection | ||||||
4 | (A) commits a Class 4 felony, except that a violation of | ||||||
5 | subparagraph (1) of paragraph (k) of subsection (A) shall | ||||||
6 | not be punishable as a crime or petty offense. A third or | ||||||
7 | subsequent conviction for a violation of paragraph (k) of | ||||||
8 | subsection (A) is a Class 1 felony.
| ||||||
9 | (8) A person 18 years of age or older convicted of | ||||||
10 | unlawful sale or delivery of firearms in violation of | ||||||
11 | paragraph (a) or (i) of subsection (A), when the firearm | ||||||
12 | that was sold or given to another person under 18 years of | ||||||
13 | age was used in the commission of or attempt to commit a | ||||||
14 | forcible felony, shall be fined or imprisoned, or both, | ||||||
15 | not to exceed the maximum provided for the most serious | ||||||
16 | forcible felony so committed or attempted by the person | ||||||
17 | under 18 years of age who was sold or given the firearm. | ||||||
18 | (9) Any person convicted of unlawful sale or delivery | ||||||
19 | of firearms in violation of
paragraph (d) of subsection | ||||||
20 | (A) commits a Class 3 felony. | ||||||
21 | (10) Any person convicted of unlawful sale or delivery | ||||||
22 | of firearms in violation of paragraph (l) of subsection | ||||||
23 | (A) commits a Class 2 felony if the delivery is of one | ||||||
24 | firearm. Any person convicted of unlawful sale or delivery | ||||||
25 | of firearms in violation of paragraph (l) of subsection | ||||||
26 | (A) commits a Class 1 felony if the delivery is of not less |
| |||||||
| |||||||
1 | than 2 and not more than 5 firearms at the
same time or | ||||||
2 | within a one year period. Any person convicted of unlawful | ||||||
3 | sale or delivery of firearms in violation of paragraph (l) | ||||||
4 | of subsection (A) commits a Class X felony for which he or | ||||||
5 | she shall be sentenced
to a term of imprisonment of not | ||||||
6 | less than 6 years and not more than 30
years if the | ||||||
7 | delivery is of not less than 6 and not more than 10 | ||||||
8 | firearms at the
same time or within a 2 year period. Any | ||||||
9 | person convicted of unlawful sale or delivery of firearms | ||||||
10 | in violation of paragraph (l) of subsection (A) commits a | ||||||
11 | Class X felony for which he or she shall be sentenced
to a | ||||||
12 | term of imprisonment of not less than 6 years and not more | ||||||
13 | than 40
years if the delivery is of not less than 11 and | ||||||
14 | not more than 20 firearms at the
same time or within a 3 | ||||||
15 | year period. Any person convicted of unlawful sale or | ||||||
16 | delivery of firearms in violation of paragraph (l) of | ||||||
17 | subsection (A) commits a Class X felony for which he or she | ||||||
18 | shall be sentenced
to a term of imprisonment of not less | ||||||
19 | than 6 years and not more than 50
years if the delivery is | ||||||
20 | of not less than 21 and not more than 30 firearms at the
| ||||||
21 | same time or within a 4 year period. Any person convicted | ||||||
22 | of unlawful sale or delivery of firearms in violation of | ||||||
23 | paragraph (l) of subsection (A) commits a Class X felony | ||||||
24 | for which he or she shall be sentenced
to a term of | ||||||
25 | imprisonment of not less than 6 years and not more than 60
| ||||||
26 | years if the delivery is of 31 or more firearms at the
same |
| |||||||
| |||||||
1 | time or within a 5 year period. | ||||||
2 | (D) For purposes of this Section:
| ||||||
3 | "School" means a public or private elementary or secondary | ||||||
4 | school,
community college, college, or university.
| ||||||
5 | "School related activity" means any sporting, social, | ||||||
6 | academic, or
other activity for which students' attendance or | ||||||
7 | participation is sponsored,
organized, or funded in whole or | ||||||
8 | in part by a school or school district.
| ||||||
9 | (E) A prosecution for a violation of paragraph (k) of | ||||||
10 | subsection (A) of this Section may be commenced within 6 years | ||||||
11 | after the commission of the offense. A prosecution for a | ||||||
12 | violation of this Section other than paragraph (g) of | ||||||
13 | subsection (A) of this Section may be commenced within 5 years | ||||||
14 | after the commission of the offense defined in the particular | ||||||
15 | paragraph.
| ||||||
16 | (Source: P.A. 99-29, eff. 7-10-15; 99-143, eff. 7-27-15; | ||||||
17 | 99-642, eff. 7-28-16; 100-606, eff. 1-1-19 .)
| ||||||
18 | Section 99. Effective date. This Act takes effect upon | ||||||
19 | becoming law.
|