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1 | AN ACT concerning safety.
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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 Firearm Dealer License Certification Act is | |||||||||||||||||||||
5 | amended by changing Section 5-30 as follows: | |||||||||||||||||||||
6 | (430 ILCS 68/5-30)
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7 | Sec. 5-30. Training of certified licensees. Any
certified | |||||||||||||||||||||
8 | licensee and any employee of a certified licensee who sells or
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9 | transfers firearms shall receive at least 2 hours of training
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10 | annually regarding legal requirements and responsible business | |||||||||||||||||||||
11 | practices as applicable to the sale or transfer or firearms | |||||||||||||||||||||
12 | and how to recognize individuals with mental illness, mental | |||||||||||||||||||||
13 | impairment, or mental disease that would make those | |||||||||||||||||||||
14 | individuals a clear and present danger to themselves or others | |||||||||||||||||||||
15 | if those individuals possessed firearms . The Illinois State | |||||||||||||||||||||
16 | Police may adopt rules regarding
continuing education for | |||||||||||||||||||||
17 | certified licensees related to legal requirements and | |||||||||||||||||||||
18 | responsible business practices regarding the sale or transfer | |||||||||||||||||||||
19 | of firearms and how certified licensees and their employees | |||||||||||||||||||||
20 | may recognize individuals with mental illness, mental | |||||||||||||||||||||
21 | impairment, or mental disease that would make those | |||||||||||||||||||||
22 | individuals a clear and present danger to themselves or others | |||||||||||||||||||||
23 | if those individuals possessed firearms. In this Section, |
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1 | "clear and present danger" has the meaning ascribed to it in | ||||||
2 | Section 1.1 of the Firearm Owners Identification Card Act . | ||||||
3 | A federally licensed firearm dealer under Section 923 of | ||||||
4 | the federal Gun Control Act of 1968 who sells or delivers | ||||||
5 | firearms in this State and is exempt from the certification | ||||||
6 | requirements of this Act is required to receive training on | ||||||
7 | recognizing individuals with mental illness, mental | ||||||
8 | impairment, or mental disease that would make those | ||||||
9 | individuals a clear and present danger to themselves or others | ||||||
10 | if those individuals possessed firearms.
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11 | (Source: P.A. 102-538, eff. 8-20-21.)
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12 | Section 10. The Criminal Code of 2012 is amended by | ||||||
13 | changing Section 24-3 as follows:
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14 | (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
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15 | Sec. 24-3. Unlawful sale or delivery of firearms.
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16 | (A) A person commits the offense of unlawful sale or | ||||||
17 | delivery of firearms when he
or she knowingly does any of the | ||||||
18 | following:
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19 | (a) Sells or gives any firearm of a size which may be | ||||||
20 | concealed upon the
person to any person under 18 years of | ||||||
21 | age.
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22 | (b) Sells or gives any firearm to a person under 21 | ||||||
23 | years of age who has
been convicted of a misdemeanor other | ||||||
24 | than a traffic offense or adjudged
delinquent.
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1 | (c) Sells or gives any firearm to any narcotic addict.
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2 | (d) Sells or gives any firearm to any person who has | ||||||
3 | been convicted of a
felony under the laws of this or any | ||||||
4 | other jurisdiction.
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5 | (e) Sells or gives any firearm to any person who has | ||||||
6 | been a patient in a
mental institution within the past 5 | ||||||
7 | years. In this subsection (e): | ||||||
8 | "Mental institution" means any hospital, | ||||||
9 | institution, clinic, evaluation facility, mental | ||||||
10 | health center, or part thereof, which is used | ||||||
11 | primarily for the care or treatment of persons with | ||||||
12 | mental illness. | ||||||
13 | "Patient in a mental institution" means the person | ||||||
14 | was admitted, either voluntarily or involuntarily, to | ||||||
15 | a mental institution for mental health treatment, | ||||||
16 | unless the treatment was voluntary and solely for an | ||||||
17 | alcohol abuse disorder and no other secondary | ||||||
18 | substance abuse disorder or mental illness.
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19 | (f) Sells or gives any firearms to any person who is a | ||||||
20 | person with an intellectual disability.
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21 | (g) Delivers any firearm, incidental to a sale, | ||||||
22 | without withholding delivery of the firearm
for at least | ||||||
23 | 72 hours after application for its purchase has been made, | ||||||
24 | or
delivers a stun gun or taser, incidental to a sale,
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25 | without withholding delivery of the stun gun or taser for
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26 | at least 24 hours after application for its purchase has |
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1 | been made.
However,
this paragraph (g) does not apply to: | ||||||
2 | (1) the sale of a firearm
to a law enforcement officer if | ||||||
3 | the seller of the firearm knows that the person to whom he | ||||||
4 | or she is selling the firearm is a law enforcement officer | ||||||
5 | or the sale of a firearm to a person who desires to | ||||||
6 | purchase a firearm for
use in promoting the public | ||||||
7 | interest incident to his or her employment as a
bank | ||||||
8 | guard, armed truck guard, or other similar employment; (2) | ||||||
9 | a mail
order sale of a firearm from a federally licensed | ||||||
10 | firearms dealer to a nonresident of Illinois under which | ||||||
11 | the firearm
is mailed to a federally licensed firearms | ||||||
12 | dealer outside the boundaries of Illinois; (3) (blank); | ||||||
13 | (4) the sale of a
firearm to a dealer licensed as a federal | ||||||
14 | firearms dealer under Section 923
of the federal Gun | ||||||
15 | Control Act of 1968 (18 U.S.C. 923); or (5) the transfer or | ||||||
16 | sale of any rifle, shotgun, or other long gun to a resident | ||||||
17 | registered competitor or attendee or non-resident | ||||||
18 | registered competitor or attendee by any dealer licensed | ||||||
19 | as a federal firearms dealer under Section 923 of the | ||||||
20 | federal Gun Control Act of 1968 at competitive shooting | ||||||
21 | events held at the World Shooting Complex sanctioned by a | ||||||
22 | national governing body. For purposes of transfers or | ||||||
23 | sales under subparagraph (5) of this paragraph (g), the | ||||||
24 | Department of Natural Resources shall give notice to the | ||||||
25 | Illinois State Police at least 30 calendar days prior to | ||||||
26 | any competitive shooting events at the World Shooting |
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1 | Complex sanctioned by a national governing body. The | ||||||
2 | notification shall be made on a form prescribed by the | ||||||
3 | Illinois State Police. The sanctioning body shall provide | ||||||
4 | a list of all registered competitors and attendees at | ||||||
5 | least 24 hours before the events to the Illinois State | ||||||
6 | Police. Any changes to the list of registered competitors | ||||||
7 | and attendees shall be forwarded to the Illinois State | ||||||
8 | Police as soon as practicable. The Illinois State Police | ||||||
9 | must destroy the list of registered competitors and | ||||||
10 | attendees no later than 30 days after the date of the | ||||||
11 | event. Nothing in this paragraph (g) relieves a federally | ||||||
12 | licensed firearm dealer from the requirements of | ||||||
13 | conducting a NICS background check through the Illinois | ||||||
14 | Point of Contact under 18 U.S.C. 922(t). For purposes of | ||||||
15 | this paragraph (g), "application" means when the buyer and | ||||||
16 | seller reach an agreement to purchase a firearm.
For | ||||||
17 | purposes of this paragraph (g), "national governing body" | ||||||
18 | means a group of persons who adopt rules and formulate | ||||||
19 | policy on behalf of a national firearm sporting | ||||||
20 | organization.
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21 | (h) While holding any license
as a dealer,
importer, | ||||||
22 | manufacturer or pawnbroker
under the federal Gun Control | ||||||
23 | Act of 1968,
manufactures, sells or delivers to any | ||||||
24 | unlicensed person a handgun having
a barrel, slide, frame | ||||||
25 | or receiver which is a die casting of zinc alloy or
any | ||||||
26 | other nonhomogeneous metal which will melt or deform at a |
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1 | temperature
of less than 800 degrees Fahrenheit. For | ||||||
2 | purposes of this paragraph, (1)
"firearm" is defined as in | ||||||
3 | the Firearm Owners Identification Card Act; and (2)
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4 | "handgun" is defined as a firearm designed to be held
and | ||||||
5 | fired by the use of a single hand, and includes a | ||||||
6 | combination of parts from
which such a firearm can be | ||||||
7 | assembled.
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8 | (i) Sells or gives a firearm of any size to any person | ||||||
9 | under 18 years of
age who does not possess a valid Firearm | ||||||
10 | Owner's Identification Card.
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11 | (j) Sells or gives a firearm while engaged in the | ||||||
12 | business of selling
firearms at wholesale or retail | ||||||
13 | without being licensed as a federal firearms
dealer under | ||||||
14 | Section 923 of the federal Gun Control Act of 1968 (18 | ||||||
15 | U.S.C.
923). In this paragraph (j):
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16 | A person "engaged in the business" means a person who | ||||||
17 | devotes time,
attention, and
labor to
engaging in the | ||||||
18 | activity as a regular course of trade or business with the
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19 | principal objective of livelihood and profit, but does not | ||||||
20 | include a person who
makes occasional repairs of firearms | ||||||
21 | or who occasionally fits special barrels,
stocks, or | ||||||
22 | trigger mechanisms to firearms.
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23 | "With the principal objective of livelihood and | ||||||
24 | profit" means that the
intent
underlying the sale or | ||||||
25 | disposition of firearms is predominantly one of
obtaining | ||||||
26 | livelihood and pecuniary gain, as opposed to other |
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1 | intents, such as
improving or liquidating a personal | ||||||
2 | firearms collection; however, proof of
profit shall not be | ||||||
3 | required as to a person who engages in the regular and
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4 | repetitive purchase and disposition of firearms for | ||||||
5 | criminal purposes or
terrorism.
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6 | (k) Sells or transfers ownership of a firearm to a | ||||||
7 | person who does not display to the seller or transferor of | ||||||
8 | the firearm either: (1) a currently valid Firearm Owner's | ||||||
9 | Identification Card that has previously been issued in the | ||||||
10 | transferee's name by the Illinois State Police under the | ||||||
11 | provisions of the Firearm Owners Identification Card Act; | ||||||
12 | or (2) a currently valid license to carry a concealed | ||||||
13 | firearm that has previously been issued in the | ||||||
14 | transferee's name by the
Illinois State Police under the | ||||||
15 | Firearm Concealed Carry Act. This paragraph (k) does not | ||||||
16 | apply to the transfer of a firearm to a person who is | ||||||
17 | exempt from the requirement of possessing a Firearm | ||||||
18 | Owner's Identification Card under Section 2 of the Firearm | ||||||
19 | Owners Identification Card Act. For the purposes of this | ||||||
20 | Section, a currently valid Firearm Owner's Identification | ||||||
21 | Card or license to carry a concealed firearm means receipt | ||||||
22 | of an approval number issued in accordance with subsection | ||||||
23 | (a-10) of Section 3 or Section 3.1 of the Firearm Owners | ||||||
24 | Identification Card Act. | ||||||
25 | (1) In addition to the other requirements of this | ||||||
26 | paragraph (k), all persons who are not federally |
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1 | licensed firearms dealers must also have complied with | ||||||
2 | subsection (a-10) of Section 3 of the Firearm Owners | ||||||
3 | Identification Card Act by determining the validity of | ||||||
4 | a purchaser's Firearm Owner's Identification Card. | ||||||
5 | (2) All sellers or transferors who have complied | ||||||
6 | with the requirements of subparagraph (1) of this | ||||||
7 | paragraph (k) shall not be liable for damages in any | ||||||
8 | civil action arising from the use or misuse by the | ||||||
9 | transferee of the firearm transferred, except for | ||||||
10 | willful or wanton misconduct on the part of the seller | ||||||
11 | or transferor. | ||||||
12 | (l) Not
being entitled to the possession of a firearm, | ||||||
13 | delivers the
firearm, knowing it to have been stolen or | ||||||
14 | converted. It may be inferred that
a person who possesses | ||||||
15 | a firearm with knowledge that its serial number has
been | ||||||
16 | removed or altered has knowledge that the firearm is | ||||||
17 | stolen or converted. | ||||||
18 | (m) Is a federally licensed firearm dealer under | ||||||
19 | Section 923 of the federal Gun Control Act of 1968 and | ||||||
20 | sells or delivers firearms in this State if the federally | ||||||
21 | licensed firearm dealer has not received the training | ||||||
22 | prescribed in Section 30 of the Firearm Dealer License | ||||||
23 | Certification Act on how to recognize individuals with | ||||||
24 | mental illness, mental impairment, or mental disease that | ||||||
25 | would make those individuals a clear and present danger to | ||||||
26 | themselves or others if those individuals possessed |
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1 | firearms. In this paragraph (m), "clear and present | ||||||
2 | danger" has the meaning ascribed to it in Section 1.1 of | ||||||
3 | the Firearm Owners Identification Card Act. | ||||||
4 | (B) Paragraph (h) of subsection (A) does not include | ||||||
5 | firearms sold within 6
months after enactment of Public
Act | ||||||
6 | 78-355 (approved August 21, 1973, effective October 1, 1973), | ||||||
7 | nor is any
firearm legally owned or
possessed by any citizen or | ||||||
8 | purchased by any citizen within 6 months after the
enactment | ||||||
9 | of Public Act 78-355 subject
to confiscation or seizure under | ||||||
10 | the provisions of that Public Act. Nothing in
Public Act | ||||||
11 | 78-355 shall be construed to prohibit the gift or trade of
any | ||||||
12 | firearm if that firearm was legally held or acquired within 6 | ||||||
13 | months after
the enactment of that Public Act.
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14 | (C) Sentence.
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15 | (0.5) Any person convicted of unlawful sale or | ||||||
16 | delivery of firearms in violation of
paragraph (m) of | ||||||
17 | subsection (A) commits a Class A misdemeanor. | ||||||
18 | (1) Any person convicted of unlawful sale or delivery | ||||||
19 | of firearms in violation of
paragraph (c), (e), (f), (g), | ||||||
20 | or (h) of subsection (A) commits a Class
4
felony.
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21 | (2) Any person convicted of unlawful sale or delivery | ||||||
22 | of firearms in violation of
paragraph (b) or (i) of | ||||||
23 | subsection (A) commits a Class 3 felony.
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24 | (3) Any person convicted of unlawful sale or delivery | ||||||
25 | of firearms in violation of
paragraph (a) of subsection | ||||||
26 | (A) commits a Class 2 felony.
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1 | (4) Any person convicted of unlawful sale or delivery | ||||||
2 | of firearms in violation of
paragraph (a), (b), or (i) of | ||||||
3 | subsection (A) in any school, on the real
property | ||||||
4 | comprising a school, within 1,000 feet of the real | ||||||
5 | property comprising
a school, at a school related | ||||||
6 | activity, or on or within 1,000 feet of any
conveyance | ||||||
7 | owned, leased, or contracted by a school or school | ||||||
8 | district to
transport students to or from school or a | ||||||
9 | school related activity,
regardless of the time of day or | ||||||
10 | time of year at which the offense
was committed, commits a | ||||||
11 | Class 1 felony. Any person convicted of a second
or | ||||||
12 | subsequent violation of unlawful sale or delivery of | ||||||
13 | firearms in violation of paragraph
(a), (b), or (i) of | ||||||
14 | subsection (A) in any school, on the real property
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15 | comprising a school, within 1,000 feet of the real | ||||||
16 | property comprising a
school, at a school related | ||||||
17 | activity, or on or within 1,000 feet of any
conveyance | ||||||
18 | owned, leased, or contracted by a school or school | ||||||
19 | district to
transport students to or from school or a | ||||||
20 | school related activity,
regardless of the time of day or | ||||||
21 | time of year at which the offense
was committed, commits a | ||||||
22 | Class 1 felony for which the sentence shall be a
term of | ||||||
23 | imprisonment of no less than 5 years and no more than 15 | ||||||
24 | years.
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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, | ||||||
8 | on the real property comprising any public park,
on the | ||||||
9 | real
property comprising any courthouse, or on any public | ||||||
10 | way 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.
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15 | (6) Any person convicted of unlawful sale or delivery | ||||||
16 | of firearms in violation of
paragraph (j) of subsection | ||||||
17 | (A) 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 | ||||||
21 | (A) 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.
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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, | ||||||
6 | not 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 | ||||||
11 | (A) 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 | ||||||
14 | (A) commits a Class 2 felony if the delivery is of one | ||||||
15 | firearm. Any person convicted of unlawful sale or delivery | ||||||
16 | of firearms in violation of paragraph (l) of subsection | ||||||
17 | (A) 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 | ||||||
6 | 3-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 | ||||||
21 | school,
community college, college, or university.
| ||||||
22 | "School related activity" means any sporting, social, | ||||||
23 | academic, or
other activity for which students' attendance or | ||||||
24 | participation is sponsored,
organized, or funded in whole or | ||||||
25 | in part by a school or school district.
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26 | (E) A prosecution for a violation of paragraph (k) of |
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| |||||||
1 | subsection (A) of this Section may be commenced within 6 years | ||||||
2 | after the commission of the offense. A prosecution for a | ||||||
3 | violation of this Section other than paragraph (g) of | ||||||
4 | subsection (A) of this Section may be commenced within 5 years | ||||||
5 | after the commission of the offense defined in the particular | ||||||
6 | paragraph.
| ||||||
7 | (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; | ||||||
8 | 102-813, eff. 5-13-22.)
|